Protection Of Individual Rights Research Articles

Regulation and organization of the lawyer profession in Romania in accordance with the provisions of Law no. 51/1995

The legal system in Romania is based on the principle of the rule of law, which ensures equality before the law and the protection of individual rights. Within this system, the lawyer plays an essential role in providing legal services and guaranteeing a fair and just trial for all citizens, representing and defending the rights of his clients before the courts and in other legal proceedings. Through their legal expertise and commitment to justice, lawyers are fundamental pillars of the legal system and help maintain its balance and integrity.

Developments in DNA analysis and forensic procedures legislation: comparisons across Australian jurisdictions

ABSTRACT Forensic procedures legislation guides the collection and analysis of forensic material, including DNA, and the establishment of DNA databases. It requires the balancing of several competing interests, such as identifying and convicting those who commit criminal offences, ensuring that individuals in Australian society are not subjected to unlawful or unfair treatment, and preserving individual privacy and civil liberties. With increased data-sharing arrangements across jurisdictions, harmonising forensic procedures legislation becomes pivotal. Reviews published in 2003 and 2010 established the existence of discrepancies and inadequacies in the forensic procedures legislation of Australian jurisdictions. Since then, jurisdictions have made amendments to their own legislation that may further reduce the extent to which harmonisation exists across jurisdictions. This study, therefore, aimed to examine the legislative amendments made between 2010 and 2022 to the forensic procedures legislation of Australia’s Commonwealth, States and Territories and compare current legislation with that of the Commonwealth. The findings from the comparative analysis highlight key elements of current legislation that represent a significant departure from the protection of individual rights to privacy and civil liberties. The article then discusses the potential implications of these departures and suggests some directions for further research, legislative review, and critical analysis.

Balancing Governance and Rights: The Interplay Between Constitutional and Administrative Law

This paper explores the intricate relationship between Constitutional and Administrative Law and their combined impact on the governance and administrative capacity of a state. It delves into the foundational principles of Constitutional Law, such as the separation of powers, the rule of law, and the protection of fundamental rights, which provide the framework for democratic governance and the safeguarding of individual liberties. Concurrently, it examines the Administrative Law framework, focusing on the regulatory powers and procedural mechanisms that govern the activities of administrative agencies. A significant portion of the analysis is dedicated to the dynamic interplay between these two branches of law, emphasizing how constitutional mandates guide administrative actions and ensure adherence to principles of justice, equity, and transparency. The discussion extends to the mechanisms of legislative oversight, executive control, and judicial constraints, highlighting their roles in maintaining a balance between efficient governance and the protection of individual rights. Through this comprehensive examination, the paper sheds light on the essential balance that must be struck to ensure that governance mechanisms are both effective and respectful of the constitutional values that underpin democratic societies.

Analisis Maslahah dalam Konsep Perwalian Pernikahan Anak Luar Nikah Berdasarkan Kompilasi Hukum Islam

This research examines Maslahah in the concept of Islamic law. In the context of guardianship of children out of wedlock in a marriage bond according to the compilation of Islamic law, the substance of this maslahah is very relevant. However, sometimes situations where a child is born outside of marriage can occur. The research method used is Normative/Doctrinal/Literature Research The findings of this study indicate that the concept of guardianship of children out of wedlock in the perspective of the Islamic compilation has been listed in Law No. 1 of 1974 concerning marriage, Article 19 of the Compilation of Islamic Law, Article 53 paragraph 3 of the Compilation of Islamic Law, and Article 75 letter (b) of the Compilation of Islamic Law. That maslahah plays an important role in determining the view of Islamic law on this issue. In this context, it is found that a proper understanding of maslahah, which includes the protection of individual rights and the welfare of society, is essential in dealing with the guardianship of out-of-wedlock children. In this scientific work, several important aspects related to the concept of guardianship of extra-marital children have been discussed. Firstly, there are differences of opinion among scholars regarding the halal or haram guardianship of out-of-wedlock children, Secondly, the importance of paying attention to the values and principles of Islamic law underlying the concept of guardianship of out-of-wedlock children. Third, the a need for a clear and effective regulatory framework to regulate the practice of guardianship of out-of-wedlock children.

Responsibly Buying Artificial Intelligence: A ‘Regulatory Hallucination’

Abstract As part of its ‘pro-innovation’ approach to artificial intelligence (AI), the UK has left public sector AI procurement and deployment to ‘regulation by contract’ based on thin guidance. Borrowing from the description of AI ‘hallucinations’ as plausible but incorrect answers given with high confidence by AI systems, I argue that this is a ‘regulatory hallucination’: an incorrect answer to the challenge of regulating the procurement and use of AI by the public sector. The pretence that public buyers can ‘confidently and responsibly procure AI technologies’ can generate individual harms and broader negative social effects as the public sector ramps up AI adoption and accumulates a potentially significant stock of AI deployments across all areas of public sector activity. I sketch an alternative strategy to boost the effectiveness of the goals of AI regulation and the protection of individual rights and collective interests through the creation of an independent authority.

Muhammad Abduh's Perspective on Polygamy in the Indonesian Social Context

This article aims to delve into Muhammad Abduh's views on polygamy, evaluate its relevance in the social context of Indonesian society, and offer a broader understanding and potential solutions for Indonesian society to perceive the practice of polygamy. The research method employed is a qualitative approach focusing on literature review. This approach is designed to comprehend and analyze Muhammad Abduh's perspectives and thoughts regarding the practice of polygamy, especially within the Islamic teachings and its impact on social dynamics in Indonesia. The research findings indicate that Muhammad Abduh consistently displayed a critical stance towards polygamy. He consistently highlighted the importance of justice, equality, and well-being for all parties involved in such contexts. The relevance of Muhammad Abduh's thoughts in the Indonesian context, which encompasses a diverse society, lies in the urgency of recognizing the values of humanity and justice in applying Islamic teachings, particularly in sensitive issues like polygamy. Essentially, Abduh's viewpoints offer a perspective that considers the welfare and protection of individual rights in interpreting Islamic teachings, aligning with the social diversity present in Indonesia. Amir and Rahma argue that Tasir Al-manar has a significant and enduring influence on the formation and development of modern Islam in Indonesia.

Reactualization of Marriage Law in Indonesia on the Issue of Marriage Annulment in Achieving Legal Certainty

The annulment of marriage based on Law Number 1 of 1974 has not provided clarity, so it can cause legal uncertainty and injustice. Article 22 of Law Number 1 of 1974 states that a marriage can be annulled if the parties do not meet the conditions for consummating the marriage. This dissertation is to examine and analyse the implementation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the problem of marriage annulment and to study, analyse, and find legal certainty in the actualisation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the Prevalence of Marriage Annulment. This research uses a normative approach with the type of analytical descriptive research including legal principles, synchronisation of laws and regulations, including efforts to form law (rechtsvorming), the source of legal materials used is primary legal material, secondary legal material (secondary data) which will be obtained through literature sources. The results of the study show that there are still many violations of the Marriage Law, such as marriage registration, underage marriage, wild polygamy and illegal divorce because they have not explicitly and firmly regulated the annulment of marriage. Implementing the Marriage Law must prioritise the principle of justice, especially regarding marriage annulment. This includes the annulment of marriages involving imperfections of reason, marriages under threat of law, or marriages that violate religious law. In the actualisation of marriage law to overcome the problem of marriage annulment, it is important to strengthen legal certainty. First, the actualisation of the Marriage Law is a proactive step needed to address the issue of marriage annulment. This includes adequate articles to regulate situations that might lead to marriage annulment. Second, the Protection of Individual Rights.

THE IMPACT OF JUDICIAL REFORMS ON LEGAL SYSTEMS: A REVIEW IN AFRICAN COUNTRIES

This Review delves into the intricate dynamics of judicial reforms and their consequential impact on legal systems across African countries. As nations grapple with the need for effective, transparent, and accessible justice, this review examines the multifaceted transformations within the judicial realm. The study explores the motivations, methodologies, and outcomes of judicial reforms, shedding light on the implications for legal frameworks, societal justice, and the overall rule of law. The review begins by contextualizing the imperative for judicial reforms in African countries, identifying prevalent challenges and shortcomings in existing legal systems. It delves into the motivations behind the call for reform, encompassing issues such as backlog reduction, corruption mitigation, and the pursuit of equitable access to justice. This sets the stage for a comprehensive examination of the methodologies employed in implementing judicial reforms, encompassing legislative changes, institutional restructuring, and the infusion of technology to enhance legal processes. A critical aspect of the review is the analysis of the tangible outcomes and transformative effects of judicial reforms on legal systems. The study scrutinizes the efficacy of reforms in expediting legal proceedings, ensuring fair and impartial adjudication, and fortifying the protection of individual rights. Additionally, the impact of reforms on the perception of justice, public trust in legal institutions, and the overall rule of law are explored. The diversity of approaches to judicial reforms across African countries is highlighted, showcasing unique challenges, successes, and lessons learned from varied contexts. This nuanced study contributes to a deeper understanding of the complexities involved in reshaping legal systems and informs potential best practices for other nations undergoing or contemplating similar reforms.  As the review unfolds, it underscores the interconnectedness of judicial reforms with broader societal and economic dynamics. The evolving role of the judiciary in upholding constitutional principles, safeguarding human rights, and fostering a conducive environment for economic development becomes evident. The Review concludes by emphasizing the significance of ongoing research and dialogue to refine judicial reforms continually, ensuring they align with evolving societal needs and contribute to the advancement of legal systems across the diverse landscape of African nations.
 Keywords: Impact, Judicial Reforms, Legal Systems, Public Trust, Impartial.

Dinamika Kewarganegaraan Liberal: Tantangan Global dan Masa Depan Hak Asasi Manusia

In the context of the era of globalization, liberal citizenship has become a major focus, influencing global politics and human rights. This research explores the role of the state, citizen participation, and the protection of individual rights, identifying obstacles to the implementation of the concept of liberal citizenship. Through content analysis methods and literature meta-analysis, this research explains the dynamics of liberal citizenship with a focus on Indonesia, revealing the complexity of the relationship between individual freedom and state responsibility. The research findings highlight political, cultural, and economic barriers to achieving ideal liberal citizenship. The implications show the need for careful regulations regarding technology adoption, improving law enforcement, and protecting human rights to create an inclusive and responsive society to global change.

The Poet, the Law and the Protection of Individual Rights: An EU Reform Proposal from Literature

The Poet, the Law and the Protection of Individual Rights: An EU Reform Proposal from Literature

Unveiling Prophetic Maqashid in Hadiths about Rahn

This article delved into the interplay between hadiths related to rahn (pledge or collateral) and the prophetic maqashid within the framework of Islamic finance. Addressing the gaps in existing literature, the research employs qualitative methods, combining hadith criticism and Hassan Hanafi's hermeneutics framework. Three main themes emerge: the permissibility of rahn, the utilization of rahn property, and the prohibition of owning rahn property. Hadiths regarding the permissibility of rahn showcase Prophet Muhammad's practical application of Islamic principles in economic transactions, emphasizing justice, ethical business practices, and leadership involvement. Hadiths on the utilization of rahn property emphasize compensation, tolerance, and ethical treatment of animals, aligning with Islamic values in economic activities. The prohibition of owning rahn property hadith establishes fundamental principles of justice, equality, and the protection of individual rights in economic transactions. The article concluded that these hadiths not only serve as legal guidance but also embody prophetic maqashid, contributing to the broader goals of Islam to create a just and balanced society, particularly in economics and finance. The comprehensive framework provided by these hadiths offers valuable insights for both academics and practitioners navigating the evolving landscape of Islamic finance, addressing contemporary challenges while upholding Islamic values

Влияние правового менталитета на тип уголовного судопроизводства России

The paper analyzes the prospects for the development of a new criminal procedural law to replace the Criminal Procedure Code of the Russian Federation of 2001, which has lost its consistency. Using legal methods of scientific research, as well as the cultural method, the author analyzes the purpose of criminal procedural activity, the historical background of its formation and consolidation, as well as adversariality as an ideal form of contemporary criminal procedure. The paper shows that liberal legal values enshrined in the form of the purpose and system of principles of the Criminal Procedure Code of the Russian Federation of 2001 do not reflect the real interests of Russian society in the public sphere. Believing that determining the purpose of the criminal procedure and the place of adversariality in the system of its principles is a methodological mistake of the legislator, the author makes a number of conceptual proposals for improving the criminal procedure law. The author proposes to clarify the formulation of the goals and objectives of criminal proceedings, taking into account the specifics of the legal mentality of Russians. When formulating the purpose of criminal procedural activity, it is necessary to indicate the tendency of the criminal procedure to identify correctly the factual circumstances of what happened achieved through repeated verification of the facts in different procedures and by different officials. The tasks of criminal procedural activity formulated in the Criminal Procedure Code of the Russian Federation should be implemented in pre-trial and judicial proceedings by different criminal procedure subjects. It is proposed that the tasks of criminal procedural activity should include identifying a guilty person and assigning punishment to him; acquittal of an innocent person and his rehabilitation; identifying the factual circumstances of an incident; protection of individual rights and freedoms. Adversariality should be excluded from the criminal procedure principles, and the criminal procedure itself should be organized according to a mixed type with investigative pre-trial proceedings and adversarial judicial proceedings.

THE SUPREME ADMINISTRATIVE COURT IN THE STRUCTURES OF THE JUDICIARY (JUDICATURE) – HIS POSITION AND TASKS

The publication presents the structure of the judicial authorities It is an orderly outline, presentation, resulting from legal regulations constituting the properties of the NSA. It points out, that maintainig balance within the judiciary is crucial to obtain a fair trial. constituting the protection of subjective rights It emphasizes that the right to a proper trial has a crucial meaning in a matter of principles of a democratic rule of law and established in Art. 10 of the Constitution of the Republic of Poland, the separation of powers.The main objective of the study is to reveal the role of administrative courts in the structure of the judiciary. The article addresses these issues through showing the role of NSA (the Supreme Administrative Court), which importance is crucial in the matter of final form in the point of view of both law-abidingness as well as protection of individual rights (their right to a trial).The featured problem is of significant practical importance, especially when matters are putted onto reviewing the legal caseses by NSA, other than those specified in Art. 184 of the Constitution. Thus, I am trying to answer the following question: can the NSA, within the range of its given abilities, in such a structured division of powers, and a position defined by its system, hear cases that are out of those set out in Art. 184 of the Constitution of the Republic of Poland. whether, therefore, the tasks entrusted to him by statute and not considered as of „activities of „public” administration can be considered lawful. This issue is of vital importance, because it establishes a legal bond between the state and its citizen, and affects the possibility of authoritative interference in personal matters. The main purpose of the article is to analyze the right to a trail and the essential right to a competent court, with particular emphasis on the impact of a diverse sources of EU law on the normative standard of national legislation.

The Rule of Law in Croatian Criminal Justice with a Case Study on its Breach by Tackling War Profiteering and Privatisation

The rule of law, as enshrined in the Croatian Constitution, establishes the highest values of the constitutional order, including the principles of constitutionality and legality. It ensures that laws and procedures in Criminal Law are well-defined and accessible to all, and provide legal certainty. The presumption of innocence safeguards the rights of the accused and ensures fair trials. The text emphasises the importance of the separation of powers and the role of the Constitutional Court in upholding constitutionality and the principle of legality as one of the main principles of (substantive) Criminal Law. Special reference is made to the constitutional amendments and legal measures taken to address criminal offences related to privatisation and ownership transformation and the Law on Exemption from the Statute of Limitations for War Profiteering and Crimes Committed in the Process of Ownership Transformation and Privatisation, which is a unique “phenomenon” ensuing from the retroactive application of the law contrary to the principle of legality, existing only in Croatian Criminal Law. This paper explores the interplay between the rule of law and Criminal Law in Croatia, highlighting the principles and legal framework that ensure justice and the protection of individual rights in the criminal justice system.

The “International” Rule of Law in the Polish Administrative Court’s Jurisprudence

This study analyses the jurisprudence of Polish administrative courts, referring to the concept of the “international” rule of law, and thus, to the concept interpreted by the courts based on sources of law binding on Poland adopted at the supranational level (international agreements and law created by the European Union). The following jurisprudence issues emerge: 1) international and EU legal bases for the protection of the rule of law and the resulting meaning of this concept; 2) international versus national approach to the rule of law; 3) the rule of law – principle or value; 4) normative sources (national and supranational) of the general obligation of administrative courts to implement the international rule of law; 5) the order to implement it as an element determining the jurisdiction of administrative courts and the pattern of control exercised by these courts. In this context, it was stated, inter alia, that according to the jurisprudence of administrative courts, the ‘international’ rule of law primarily implies effective judicial protection of individual rights, guaranteed by independent courts, impartial and irremovable judges who have been duly appointed.

Analysis of the Death Penalty in the Context of Human Rights Law

This research explores the implementation of the death penalty in Indonesia in the context of human rights through literature study methods. The fundamental problem lies in legal uncertainty, human rights violations, and social impacts arising from the execution of the death penalty. The purpose of the study is to analyze these complex dynamics with a focus on Indonesian conditions. The literature study method is used to investigate scientific works, human rights reports, and related official documents. The results showed policy changes, non-conformity to human rights standards, as well as shifts in public opinion and international responses. The conclusion of the study underscores the need for more progressive policy measures to ensure fairness, transparency, and protection of individual rights in the execution of the death penalty in Indonesia. The novelty of this research lies in its comprehensive approach to this controversial issue, offering an in-depth and relevant perspective for further understanding.

Konflik antara Hak Asasi Manusia dan Kepentingan Publik dalam Penegakan Hukum Pidana: Studi Kasus Kontemporer

Criminal law enforcement is a field that often faces complex challenges in balancing individual human rights with the broader public interest. This study examines in depth the comparison between human rights principles and the need to maintain public order in the context of criminal law enforcement. The author illustrates this conflict through contemporary criminal law case studies that reflect real-world situations. The research method used in this research is a descriptive qualitative method. Data collection techniques use content analysis techniques. The results of this research particularly highlight the ongoing tension between the protection of individual rights guaranteed by law and the urgent need to maintain social order required by society as a whole. By exploring this concept, this research contributes to a deeper understanding of how criminal law enforcement impacts human rights in the complex context of the modern world.

An International Assessment on Research on Neuroethics

Neuroethics is an essential partner to neuroscience. It is a guiding hand that indicates the moral and ethical flaws in neuroscience research. Currently, there is one outstanding problem that arises from the advancements in neuroscience research: the ethical aspect. There are flaws in the protection of individual rights to privacy during research projects and procedures. To combat these issues, it is imperative that there be an international framework that is developed to prevent the breach of privacy while still advancing our knowledge on this topic. After identifying what the overlapping goals are for countries on this topic, it is necessary to combine them and eventually create an international guideline. To achieve this goal, I will be collecting research papers that describe the work being done on neuroethics and how that has increased or decreased in the last five years. This data will be analyzed to identify the increase/decrease in knowledge and publications on this topic. There are many implications for any neurological implantation, and neuroethics is a path to help solve any issues that arise. 

Pencatatan Perkawinan Beda Agama Menurut Hukum Positif Indonesia

Marriage registration plays a central role in the legal system and government administration to record and protect individual rights while managing marital status within a society. This research delves into the significance and impact of marriage registration in the context of civil law and public administration. Through the analysis of marriage regulations, registration procedures, and their legal implications, this study identifies the role of marriage registration in acknowledging the rights and obligations of spouses, as well as protecting the interests of children. The research also explores the evolution of marriage registration in response to social and technological changes, along with its implications for accessibility and data security. The research findings highlight the importance of efficiency and transparency in the marriage registration process to ensure the protection of individual rights and provide a strong foundation for law enforcement. Further understanding of the role of marriage registration can serve as a basis for improving marriage administration systems and supporting policy reforms that promote justice and legal security.

From Development of the Foundations of Sovereign Democracy Towards the Paradigm of a Unified System of Public Power: Milestones of Scientific Creativity of Valerian A. Lebedev (to the Anniversary of the Scholar)

The review article is dedicated to one of the landmark events for the entire legal world and the community of constitutional law scholars: the anniversary of Doctor of Law, Professor Valerian A. Lebedev, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation. Prof. Valerian A. Lebedev started his work during a difficult period of reforms initiated for the development of Russian statehood, a change in the paradigm of constitutional law development and a radical restructuring of the basic principles of ensuring and protecting fundamental rights and freedoms of the man and citizen. The paper highlights the main milestones of Prof. Valerian A. Lebedev’s scientific work related to the study of the problems of genuine democracy and sovereignty of the people, the priority of development in compliance with the Constitution of the Russian Federation and substantiation of the concept of sovereign democracy, functioning on the constitutional mechanism for the protection of individual rights, ensuring the principle of political pluralism, building a unified system of public power and a unified legislative system of the country, implementation of the constitutional reform. The paper highlights critically important role of Prof. Valerian A. Lebedev and his scientific creativity for the transitional and modern path of development of the national statehood, comprehensive, acute, problematic nature of his works, the unique scientific foresight of the scholar, who not only foresaw the constitutional reform, but also revealed its key concepts-novels, pitfalls and prospects for improving specific constitutional law institutions. The possibility of studying modern and past research works by Prof. A. Lebedev is presented as a special value for the modern science of constitutional law, since their subject of research covers the key concepts and categories of the theory of Russian constitutionalism, correct understanding of which depends on the possibility of effective implementation of the constitutional principles of the existence of the state and society.