Provisions Of Law Research Articles

China's High Rate of Underage Students Depression and Related Laws on the Protection of Teenagers

In China, the depression rate among underage students has shown an upward trend in recent years and underage students have gradually become the largest group affected by depression in the country. Depression among underage students can lead to many serious consequences, such as a lack of interest in school and even suicide. Some provisions in China's Minor Protection Law can play a role in protecting minors suffering from depression. In response, the Chinese government also has introduced several measures, such as the "Double Reduction" policy, to improve the situation, but with limited success. This article describes the current state of the Minor Protection Law regarding student depression and analyzes the existing protection laws and related measures to identify the reasons behind the rising depression rates among underage students and the ineffectiveness of new policies. At the same time, revisions to the relevant protection laws and suggested measures are proposed from four perspectives: underage students, schools, families, and society. These recommendations can first help relevant authorities improve the protection laws, and researchers can use these suggestions to propose further revisions.

On the issue of the concept of a single continuous violent sexual crime

The subject of the research is the issue of identifying the key features of a single continuing violent sexual crime and its distinction from the aggregate of such crimes. The relevance of this issue is related to its controversial nature both in the doctrine of criminal law and in law enforcement. In this regard, such characteristics as identification of the act and of intent are considered, including in relation to violent sexual crimes. The attempt is made to resolve this problem taking into account the position of the Criminal Court of the Russian Federation as well as current trends in law enforcement practice. This issue is considered on the basis of a comparative-law and systemic analysis of the provisions of criminal law that establish criminal liability for sexual freedom crimes. During the analysis of the problem, the concept of a single continuing violent crime against sexual freedom has been developed, as well as criteria for distinguishing it from the similar crimes. The research has led to a reasonable conclusion that different sexual crimes should be grouped under one legal provision. This provision must include such qualifying key feature as committing such actions against two or more persons, regardless of their age. As a result of the conducted research, reasonable conclusions were made about the necessity of combining violent sexual crimes, currently provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, into one article of the Criminal Code of the Russian Federation and adding to it such a qualifying feature as the commission of these acts in relation to two or more victims, regardless of their age.

Pelaksanaan Tugas dan Fungsi Dinas Perhubungan Kota Kupang Terhadap Pengendara Bermotor Sambil Merokok dan Menelepon

Driving discipline is an important attitude that must be possessed by all drivers or drivers in order to arrive safely at their destination. Traffic violations still occur frequently, one of which is smoking and calling while driving. The Transportation Service is an implementing element of the Regional Government in the field of Transportation which has the main task, namely Organizing Government affairs in the field of land, sea and air transportation, in accordance with the Laws and Regulations. This type of research shows empirical juridical research, with data collection techniques through interviews, observations, and literature/document studies. The data collected is analyzed descriptively, the data that has been processed will be analyzed using the descriptive analysis method. The results of this study show: (1) The implementation of the duties and functions of the Kupang City Transportation Office for motorcyclists who smoke and call while driving is not / or has not been effective in accordance with the provisions of applicable laws and regulations. (2) There are several factors that hinder the implementation of the duties and functions of the Kupang City Transportation Office for motorcyclists who smoke and call while driving, including the legal factors themselves and the factors of facilities and infrastructure, namely the main obstacle is the unavailability of the budget. These two factors certainly have an interest that always hinders or affects the implementation of the rules regarding the prohibition of smoking and calling while driving, making the rules ineffective. Based on the results of the research, the author has several suggestions, namely improving the implementation of duties and functions for motorcyclists who smoke and call while driving, in accordance with the provisions of applicable laws and regulations and add educational programs and campaigns in the community related to the dangers of smoking and calling while driving, in addition to law enforcement must be carried out consistently by providing clear sanctions so that it has a deterrent effect, and local governments need to allocate budgets to improve facilities and infrastructure that support control.

Pendampingan Pembentukan Peraturan Desa Tentang Pencegahan Perkawinan Anak Desa Gelangsar Kecamatan

Introduction: Child marriage is one form of rights that have an impact on various aspects ranging from health, education, economy, psychology, and gender equality. One of the efforts to prevent and handle child marriage is to strengthen laws and policies that protect children. So it is very urgent to provide assistance and facilitation in the formation of village regulations on preventing child marriage in Gelangsar Village.Purposes of Devotion: Increasing the knowledge and capabilities of village government officials, members of the Village Consultative Body, Community Leaders, increasing knowledge and encouraging synergistic performance between village government officials, members of the Village Consultative Body and Community Leaders in producing village regulations that are in accordance with the provisions of laws and regulations. Method of Devotion: The method used is counseling and assistance in the formation of village regulations for the community, especially for the Gelangsar Village Government, Bamusdes and village government officials as well as community leaders of Gelangsar Village.Results of the Devotion: After the implementation of the activity, it was discovered that the Gelangsar village government did not yet have village regulations on preventing child marriage as a form of village effort to prevent the increase in the number of child marriages.

Implementation and Interpretation of The Definitions of International Crimes in The National Jurisdiction of Ukraine

The article consists of two parts, the first of which discusses the problems associ ated with implementing the provisions of international law in the Ukrainian legal system regarding the understanding of the concept of “international crimes”. It underscores that the different definitions are due to the fact that Ukraine is not a party to the Rome Statute. However, it should be noted that most provisions of international law regarding interna tional crimes regarding war crimes, the crime of aggression and the crime of genocide are part of the Ukrainian legal system. At the same time, there are no crimes against human ity in Ukrainian national criminal law. The second part addresses the issues regarding Ukrainian courts’ interpretation of the national criminal law and international treaties on international crimes: interpreting the provisions of United Nations acts and the Rome Statute, applying the principle of “nullum crimen sine lege”in the context of prosecuting the crime of Holodomor, interpreting the provisions of the European Convention on Human Rights in connection with the use of trial in absentia in the case of Russian war criminals and interpreting provisions regarding universal jurisdiction in Ukrainian law.

Erasing The Past: The 'Right To Be Forgotten' In India - Progess, Pitfalls And Prospects

In the digital age, particularly with respect to the developing legal regime in India, the "Right to be Forgotten" has been fast emerging as an important concept in the broad related discourse on privacy. The paper explains how RTBF intersects with the principles of privacy and public interest in India. Founded in the GDPR , this concept has generated considerable debate in India, with privacy now being considered a fundamental right under the Constitution following Justice K.S. Puttaswamy vs. Union of India . Thus, the fine line that this paper throngs is between the right of erasure of one's digital footprint and societal needs of transparency, freedom of expression, and access to information by the public. Critical analysis with respect to the Indian Data Protection Bill, now the Data Protection Act , attempting to incorporate provisions of the RTBF, and juxtaposing the same with judicial pronouncements as well as comparative legal perspectives available in other jurisdictions is what this paper is about. From case law and statutory provisions to academic discourse, this paper tries to unpack the challenges and opportunities that the RTBF poses in the Indian legal system. More than anything else, it calls for a nuanced approach, aware of individual privacy but equally sensitive to public interest, to finally leave its imprint on the lingering debate about data protection in India.

A (IR)RETROATIVIDADE DA LEI 14.230/2021 EM RELAÇÃO À NECESSIDADE DO DOLO PARA A CONFIGURAÇÃO DE ATOS DE IMPROBIDADE ADMINISTRATIVA, À LUZ DA JURISPRUDÊNCIA DOS TRIBUNAIS SUPERIORES

The research addresses the (non-)retroactivity of the provisions of Law No. 14,230/2021 in the context of administrative misconduct, specifically regarding the requirement of intent (dolo) for acts causing damage to the public treasury. The analysis examines the normative and jurisprudential evolution of Law No. 8,429/1992, highlighting the amendment that excluded negligence (culpa) from the typification of misconduct. The study discusses the principles of Administrative Sanctioning Law, legal certainty, and beneficial retroactivity, emphasizing debates about the application of more favorable rules to cases with final judgments. It concludes that defining the criteria for accountability represents progress but raises questions about balancing the protection of public assets and fundamental rights.

Analyzing Whistleblowing Provisions in Turkish Law in the European Context

Analyzing Whistleblowing Provisions in Turkish Law in the European Context

THE LEGAL PROTECTION OF HOSPITALS IN THE CASE OF NON-BPJS PATIENTS WHO ABSCOND AS A FORM OF BAD FAITH DUE TO THEIR INABILITY TO PAY

Hospitals often encounter financial difficulties when non-BPJS patients evade payment due to financial incapacity, with some institutions unfairly shifting the financial burden onto doctors. This situation raises serious legal, ethical, and employment concerns, especially in light of Law No. 17 of 2023 on Health, which mandates institutional responsibility for patient management. Meanwhile, Artificial Intelligence (AI) offers promising solutions for predicting and mitigating financial risks by identifying high-risk patients, though it introduces new challenges regarding data privacy, accountability, and liability. This study aims to explore the legal protections available to doctors when patients abscond without paying, and to propose a legal framework for integrating AI in healthcare to prevent such incidents. Using a normative legal approach, the research analyzes key provisions of Law No. 17/2023, employment regulations, and relevant case studies involving financial disputes between doctors and hospitals. The results show that imposing financial liability on doctors not only breaches employment principles but also contradicts healthcare regulations. Furthermore, AI can improve financial risk management by helping hospitals predict and prevent non-payment cases, though its implementation requires clear legal guidelines to avoid unintended consequences for medical staff. In conclusion, hospitals must bear financial responsibility for unpaid patient bills to protect doctors' legal rights. Additionally, a comprehensive regulatory framework for AI is essential to ensure that the technology is implemented fairly, safeguarding both healthcare professionals and patient interests.

ARTIFICIAL INTELLIGENCE TO OPTIMIZE THE ROLE OF NOTARIES IN RESOLVING LAND INHERITANCE DISTRIBUTION BASED ON CUSTOMARY LAW

The distribution of land inheritance often poses challenges, particularly within the context of customary law that varies by region. The role of notaries, recognized legally to draft authentic deeds in accordance with Article 16, Paragraph (1), letters a and b of Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on Notary Positions, is crucial in providing legal certainty and preventing disputes among heirs. In this era of technological advancement, artificial intelligence (AI) can assist notaries in expediting and simplifying the resolution of land inheritance issues more efficiently while adhering to applicable customary law provisions. The purpose of this research is to analyse the role of notaries in the resolution of land inheritance distribution under customary law and to explore the potential utilization of artificial intelligence in assisting this process. The research method used is normative juridical, using a statutory approach and an analytical approach. The research shows that artificial intelligence (AI) can assist notaries in document verification, heir identification, and the application of complex customary law. AI accelerates the process and reduces the potential for disputes, but it requires regulatory adjustments and increased technological literacy among notaries and the public. Artificial intelligence (AI) has significant potential to optimize the role of notaries in resolving land inheritance under customary law by accelerating processes, improving accuracy, and ensuring fairness. However, the successful implementation of AI requires clear regulations and collaboration between the government, legal institutions, and customary communities.

Mechanisms and tools for stimulating innovative activities of business entities in the context of import substitution

The presented study defines the goal of increasing the innovative activity of business entities, the basis of which is the development of innovative activity, reducing the negative economic consequences of the innovative policy of unfriendly countries, focusing domestic organizations and enterprises on the intensification of production. The analysis of the indicators of innovative activity, reflecting the lack of its development, is carried out, the features of increasing innovative activity are identified, its components are disclosed and methods for its definition are presented, the existing tools for intensifying innovative activity are studied. The main provisions of the new draft law ”On Technological Policy” are proposed, designed to eliminate the gap between science and production, with the existing practice of technology transfer, planned for adoption in September 2024, allowing for the implementation of a new direction of state policy - innovative policy for the development of technological sovereignty. The provisions (main tools) for stimulating the innovative activity of business entities are presented: increasing profits, reducing production costs of enterprises from the introduction of innovations and, on their basis, increasing the added value of manufactured products.

The spontaneous provision of criminal law

AbstractFor decades, non-state actors have supplied criminal law in Brazil’s favelas. This paper offers a humanomics account of the private provision of an impure public good. Our analysis reaches three conclusions. First, criminal law can be provided without either public intervention or reliance on the price system. Informal norms may be sufficient, indicating that Adam Smith’s invisible hand logic extends beyond legal markets grounded in private property rights and governed by well-defined prices. Second, a common sense of propriety, a key aspect of the humanomics approach, may not always be context-free. One’s environment may shape the precise objects of propriety. Third, spontaneous legal orders can be robust to agent type.

Penerapan Asas Konsensualisme dalam Perjanjian Jual Beli Kacang Tanah di Desa Taman Kec. Jrengik Kab. Sampang

An agreement according to article 1313 of the Civil Code explains that "An agreement is an act in which one or more persons bind themselves to one or more other persons". Which in this case is an agreement according to K.R.M.T Tirtodiningrat, an agreement is a legal act based on an agreement between two or more parties, which as a result of the law can be fulfilled by the provisions of the applicable law. A sale and purchase agreement is an agreement in which one party binds himself to hand over an object and the other party to pay the price of the object that has been agreed. This research is entitled "The Application of the Principle of Consensualism in the Peanut Sale and Purchase Agreement in Taman Village, Jrengik District, Sampang Regency". The purpose of this study is to find out how the principle of consensualism is applied in the peanut purchase and sale agreement in Taman Village and what are the legal consequences that will be obtained for parties who violate the principle of consensualism in the peanut purchase and sale agreement in Taman Village, Jrengik District, Sampang Regency. Thus the study uses empirical research methods. This research method is an approach that prioritizes the use of real evidence and in-depth observation as the basis for his research work. In the results of observations that have been made by researchers on the application of the principle of consensualism of peanut buying and selling agreements in Taman Village, Jrengik District, Sampang Regency, as the times go by, many residents have applied the principle of consensualism in the buying and selling process.

Study on the Criminal Regulation of Foreign Commercial Bribery by Chinese MNEs

Abstract: In the process of global economic integration, Chinese multinational enterprises (MNEs) have continued to expand their overseas operations, becoming significant players on the international commercial stage. However, the acceleration of their internationalization process has been accompanied by escalating issues of foreign-related commercial bribery, which erodes MNEs' reputation and interests and poses challenges to China's international image. This paper commences by delving into the recent status of China's criminal legal framework regulating foreign-related commercial bribery committed by MNEs, highlighting specific provisions in the Criminal Law of China as well as other pertinent regulations. Subsequently, the paper proceeds to pinpoint the shortcomings and deficiencies within the existing legal regulatory system, notably including issues such as jurisdictional evasion and ambiguous definitions of specific concepts like the scope of bribe recipients. Drawing extensively from international legislative experiences, including the United States' Foreign Corrupt Practices Act, the UK's Bribery Act, and the United Nations Convention against Corruption, this paper finally distills successful practices and offers valuable recommendations for enhancing China's legal system. The proposed measures encompass clarifying the definition of bribery acts, refining the scope of bribe recipients, and enriching sentencing factors. Moreover, the paper highlights the necessity of motivating corporate compliance through legal means, thereby curbing bribery at its source. This study provides research support for refining China's anti-overseas bribery legal framework, which in turn can bolster the credibility of Chinese MNEs in the international market, foster the growth of China's transnational commerce, and elevate China's international competitiveness.

The Decisive Role of Educator in Ensuring the Vietnam Tertiary Education Quality

Many studies show that accreditation and education quality assurance achieve a large number of results relating to the quality of training programs, the quality of higher education institutions and contribute to the increase of international publications and domestic publications. But little scientific theoretical research has been done on these matters. Therefore, the article applies system theory, instructional leadership theory, bureaucracy theory and method of content analysis to clarify the decisive role of educators in the quality and effectiveness of education and training in Vietnam. This study founded that the basic and most important concepts such as "education quality" and "education quality standards", "tertiary education quality" and "tertiary education quality standards" have not been explained. Some provisions of the education law, such as regulations on the decisive role of educator in ensuring the education quality and on academic autonomy, are inadequately implemented. Therefore, the proposed solution is, on the one hand, to clarify and fully implement the legal provisions on "education quality", academic autonomy, “academic freedom” in effective ways without lavish. On the other hand, it is necessary to focus on implementing solutions to govern, manage, accredit, ensure and improve "education efficiency" which is understood as a solution that maximizes the benefits of education and minimizes its physical, financial and human costs.

Effects of the General Data Protection Law (LGPD) On For-Profit Organizations

Objective: The general objective of the study is to analyze which technical and administrative measures are necessary for accounting organizations to comply with the provisions of the LGPD, with this general objective being divided into three specific objectives: a) identify the technical and administrative measures relevant to the LGPD; b) establish privacy policies on the data made available and c) define the stages of technical and administrative measures so that organizations comply with the provisions of the Law. Theoretical Framework: This topic presents the main concepts and theories that underpin the research. The General Data Protection Law - LGPD (LAW 13.709/2018) stands out, providing a solid basis for understanding the context of the investigation. Method: The methodology adopted for this research is applied, descriptive, bibliographical and documentary, with a qualitative approach. The unit of analysis was 5 managers from 5 for-profit organizations located in the northwest region of RS during the month of May 2023. Data collection was carried out through bibliographic, documentary and interview research, using documentary and descriptive analysis techniques. Results and Discussion: The findings indicate that criteria adopted for the protection of people's data were defined for the companies surveyed, considering the administrative department of the companies, where data considered sensitive is handled, divided basically into three sectors: Accounting sector, Tax sector and Human Resources sector and Personnel Department. It was found that there is a need to implement technical and administrative measures in the processes and invest in training on the subject within the organizations, in order to avoid infractions and fines as punishment for non-compliance with the provisions of the General Data Protection Law. In the discussion section, these results are contextualized in light of the General Data Protection Law - LGPD (LAW 13.709/2018), highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of the General Data Protection Law - LGPD. These implications may include the deepening of knowledge, as well as from a practical point of view, since it offers a concrete solution to a specific demand of the company investigated in this study. Originality/Value: This study contributes to the literature by discussing the topic General Data Protection Law - LGPD (LAW 13.709/2018. The relevance and value of this research are evidenced by providing guidance to organizations on how to prepare the Privacy Policy and Contingency Plan, with the purpose of adapting to the LGPD.

Sistem Pembagian Waris Patrilinealpada Masyarakat Adat Lampung dalam Perspektif Maslahah

This article is the result of research on the various customs of the Lampung people, where Indonesia is a pluralistic society that adheres to various ethnic groups, religions and beliefs, and comes from diverse indigenous peoples. These differences are shown in human daily activities in their social interactions in society. , from the human being is born until he dies. Customary law is born from a behavior that is continuously carried out in which there is a certain pattern that its existence is maintained so that it becomes a habit and is recognized by the community groups in it as a tradition called adat. Likewise, the Lampung Community, which is also one of the indigenous peoples in Indonesia, which is plural in nature with a variety of language dialects, customs, and diverse lifestyles. This diversity then gave birth to a diverse culture as well. More specifically, this article discusses how the distribution of patrilineal inheritance in the Lampung Indigenous community when viewed from the perspective of Maslahah. If the distribution of traditional inheritance in Lampung is applied standardly, then the inheritance rights completely fall to the eldest son by overriding the rights of the daughter to get her inheritance rights. Meanwhile, Islam highly upholds women's rights, including in terms of inheritance distribution. To answer the problems that arise related to this, this study uses a qualitative descriptive method. then this is not in accordance with the principle of benefit, so that it does not reflect a balanced sense of justice as the Word of Allah SWT which is explained in the Qur'an about several provisions of inheritance law for the benefit of mankind, both men and women.

Review of Criminal Law Against Illegal Broadcasting Actions on Paid Football Shows

This study aims to analyze criminal law arrangements in handling illegal broadcasting of paid football shows and to analyze the legal position of illegal broadcast service providers on paid football shows based on criminal law provisions. This type of research that is used normative juridical method by examining the application of positive legal norms. Which consists of normative legal research by using methods of obtaining and analyzing secondary data and empirical legal research methods, namely by obtaining and analyzing primary data by conducting interviews with relevant sources. Then analyzed qualitatively and arranged systematically. The results of this study show that, 1) criminal law arrangements in handling illegal broadcasting of paid football broadcasts have been regulated in statutory provisions, including Law no. 28 of 2014 concerning Copyright, Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, as well as the values ​​contained in Law no. 32 of 2002 concerning Broadcasting. Even though it has been regulated, there are still many violations that occur.

Violation of the Airspace of Countries by Unmanned Aerial Vehicles (Drones) from the Perspective of International Law

Objective: to illustrate the challenges to international law and the shortcomings of current regulation caused by the rapid development of drone technology, by the example of using unmanned aerial vehicles (drones) in airspace.Methods: the study is based primarily on a set of methods for interpreting the provisions of international law, which allow analyzing the provisions in the field of using unmanned aerial vehicles (drones). Results: based on international air law and humanitarian law, the article examines the issues of unmanned aerial vehicles (drones) using airspace. The main sources of law in this area are analyzed, including the provisions of international air law, especially the Paris, Madrid, Havana and Chicago Conventions. An attempt is made to answer the questions arising from the development of unmanned technologies as to which rules of international law apply to their use and whether existing international law is capable of responding effectively to them. The article shows the current understanding of the legal status of airspace over the territory of a state. The author puts forward the question whether the sphere of unmanned aerial vehicles, automatic and autonomous weapons, which combines scientific and military achievements with new technologies, is exceptional. In this regard, the problem of using unmanned aerial vehicles as a universal weapon in international conflicts is touched upon. A conclusion is made that the use of intelligent, guided and robotic weapons capable of automatic decision-making, such as drones, requires the revision of existing conventions or the establishment of new legal standards for these weapons. It is proposed to consider such drones as military aircraft of a special type.Scientific novelty: international legal responsibility of states for the military use of drones has not received an unambiguous assessment in the doctrine. However, much in this issue depends on the legal interpretation of the most important international legal categories. Further development of this issue is directly related to the issues of international responsibility and the concept of state sovereignty over airspace.Practical significance: the development of unmanned aviation at the present stage demonstrates the imperfection of the existing legal framework, which is designed to regulate these relations. With regard to the study of the global trend in the current international law, the identification of the shortcomings in the provisions of the latter is important primarily for their further modernization, taking into account modern scientific achievements and the development of the concept of a state sovereignty over its airspace.

Forgery of Sale and Purchase Deed (AJB) by Land Deed Official (PPAT) in the Land Dispute Case of Nirina Zubir

An Authentic Deed is a document that holds perfect evidentiary power regarding the statements contained within it, without the need for additional evidence. This is because authentic deeds are created based on the provisions of laws and regulations. In 2021, a land mafia case emerged involving the Notary/Land Deed Official (PPAT) profession. The case began when the household assistant (ART) of Nirina Zubir's family offered to help Nirina Zubir's mother recover six lost land ownership certificates by involving a Notary/PPAT she knew. This research employs a juridical-normative method with a statutory and case approach. Normative legal research examines legal literature, secondary data, and tertiary legal materials. In this case, it is indicated that there is a legal flaw in the process of transferring land rights without the direct consent of the concerned parties. In the performance of duties by the Notary/PPAT, particularly regarding the issuance of powers to sell land rights, it is crucial that regulations governing Notaries/PPAT are strictly adhered to. The sale and purchase deed was made without fulfilling several necessary aspects that determine its validity. A legal review was conducted on the PPAT notary, who is authorized to issue the deed of sale and purchase, which was later used as a document in applying for a replacement certificate of ownership (SHM) at the National Land Agency (BPN).