Realm Of Law Research Articles

Analisis Yuridis Terhadap Penegakan Hukum dalam Kasus Pemerkosaan Anak dibawah Umur

Rape is an act committed by a man to force a woman to have sexual intercourse outside of marriage. Rape is one of the most traumatic things for women, especially children who are victims of rape. Rape of minors is a very serious and detrimental form of crime, which has lasting psychological, physical and social impacts on the victim and society in general. In many countries, the rape of minors is often an undeniable problem in the realm of law and humanity. In the Indonesian context, cases of rape of minors are also an urgent issue that must be handled firmly by the legal system. However, law enforcement in cases like this often faces various obstacles, ranging from a lack of reports submitted by victims, to weaknesses in the investigation, prosecution and trial processes. This research aims to conduct a juridical analysis of law enforcement in cases of rape of minors in Indonesia. By taking a juridical approach, this research will explore legal aspects related to handling cases of rape of minors, including criminal provisions, court procedures, and legal protection for child victims.

Legalizing Support for Patients with Rare Diseases in the Social Policy System: The Case of Using Legitimation Strategies in Hong Kong

There is a paucity of research pertaining to the discourse-based construction of legitimation within the realms of law and healthcare. To fill this gap, the present study examines the deliberations within the Legislative Council of Hong Kong pertaining to the enactment of legislation recognizing rare diseases (RDs) as eligible for governmental support. Employing van Leeuwen’s sociosemantic approach, we analyzed the debates, revealing four distinct discursive strategies, namely rationalization, morality, authorization, and mythopoesis, employed by the legislators to advocate for RD legislation. Among these strategies, rationalization emerged as the most frequently employed. The legislators’ discourse carries ideological implications concerning humanitarianism. This study not only sheds light on the utilization of legitimation strategies to advocate for the enactment of social policies within a legal context but also provides valuable insights for other regions seeking to advance RD legislation from a linguistic perspective.

Peranan Lembaga Swadaya Masyarakat SPEK-HAM Surakarta dalam memberikan layanan bantuan hukum pada Perempuan korban kekerasan seksual

This research aims to determine: (1) The role of the non-governmental organization SPEK-HAM Surakarta in providing legal aid services to women victims of sexual violence, (2) The obstacles faced by the non-governmental organization SPEK-HAM Surakarta in providing legal aid services to women victims of sexual violence. This study used qualitative research methods. In this research, the results were obtained in the form of: (1) The role of the Non-Governmental Organization SPEK-HAM Surakarta in providing legal aid services to women victims of sexual violence, namely (1) Receiving SPEK-HAM Case Complaint Reports; (2) Approach to Victims and Legal Consultation; (3) Mediation; (4) Legal Assistance. 2) The obstacles experienced are (1) During the mediation process, if the case is continued to the realm of law, the victim's family is also involved in the case, overcome by mediation accompanied by compensation, (2) the lack of perspective from the Police towards women victims of sexual violence is overcome by providing education and understanding for the police so they can handle cases of sexual violence based on the victim's perspective.

Comparison of the Legal Regulation of Adultery as Social Control in Society: A Comparison Between Indonesia, Malaysia, Brunei Darussalam, and Turkey

Introduction: Differences in adultery regulations in various countries in the world can be different, one of which is due to the ideology adopted by each country. Regulations related to adultery actually have relevance to state ideology and the values held and lived by society, including religious values.Purpose of the Research: This research aims to analyze and compare adultery regulations based on the values and ideology that apply in a country by comparing adultery regulations between Indonesia, Malaysia, Brunei Darussalam, and Turkey.Method of Research: This research is normative legal research by prioritizing historical, conceptual, legislative and comparative approaches.Results of Research: The results of the research confirm that the development of adultery regulations in Indonesia has not been substantively facilitated since it was regulated in the WvSNI and even passed into the Criminal Code in 1946. This is because what is regulated in the Criminal Code as an official translation of Dutch criminal law is only an overspel that if translated into Indonesian is closer to the act of infidelity and not adultery. The regulation of adultery in the new national criminal law is officially regulated in the New Criminal Code, especially in Article 411 of the New Criminal Code, which is actually in accordance with the meaning of the offense of adultery in accordance with the values and culture of Indonesian society. Differences in the regulation of adultery in each country, especially countries with a majority Muslim population. This is a necessity because differences in adultery regulations in each country depend on the ideology adopted by each country. However, in general, in societies where the majority are Muslim, adultery is classified as a disgraceful act that deserves criminal sanctions as applied in Indonesia, Malaysia and Brunei Darussalam, whereas Turkey, even though the majority of the population is Muslim, is based on a secularist view, only regulating adultery within the realm of law. private.

Autonomous Vehicles: From Technology to Law and Regulation

The advent of autonomous vehicles marks a convergence of technological advancement, societal change, and regulatory evolution with profound implications. This transformative technology has shifted from science fiction to reality, sparking extensive discourse encompassing technological progress, legal intricacies, and ethical considerations. This scholarly exploration navigates the intricate terrain of autonomous vehicles, tracing their evolution from a technological marvel to a catalyst for profound changes in legal frameworks, regulations, and societal dynamics. Our journey begins by delving into the technological foundations and significant achievements that underpin autonomous vehicle development. This illuminates the complex algorithms, sensor arrays, and machine-learning capabilities driving these self-driving vehicles. Transitioning from technology, we delve into the intricate realm of law and regulation, where established norms of road safety, liability, and privacy intersect with autonomy's transformative potential. This paper scrutinizes the intricate network of legal frameworks and ethical considerations governing the testing, deployment, and daily operation of autonomous cars. With their integration into transportation systems gaining prominence, balancing innovation with regulation assumes critical importance. This study embraces technology, law, and regulation, aiming to understand the multifaceted dimensions arising when autonomous cars intersect with legal and ethical frameworks. We explore the dynamic nature of global regulatory paradigms, analyzing obstacles, achievements, and ethical dilemmas shaping progress. As we embark on this endeavor, our goal is to offer a valuable resource elucidating the intricate process of transitioning from technology to legal frameworks and regulations within the era of autonomous vehicles.

From Haute Couture to Fast Fashion: The Fashion Industry and its Implications in the Realm of Law

Although it is frequently treated casually, the fashion industry is in fact an all-pervasive and ubiquitous industry. The clothing industry is a vast global enterprise that deals with designing, manufacturing, distributing, marketing, retailing, advertising, and promoting all types of apparel for men, women, and children. This includes everything from high-end designer fashion to everyday clothing like sweatpants. The industry is worth billions of dollars and encompasses everything from the most luxurious haute couture to casual wear. The industry has thrived on its own through all the glitz and glamour. However, the blatant yet complex issues and nuances that comprise the industry need to be addressed, and in order for them to be addressed, consumers need to take cognizance of not just the present issues, but the industry in its entirety as well. This research paper delves into the transformation of the fashion industry from the traditional form of haute couture to the emergence of fast fashion. The paper starts by making the reader conscious of the industry and its alarming effects on various aspects of our society. The paper then discusses the rise of fast fashion, characterized by rapid production, mass consumption, and affordability. These diverging paradigms have not only transformed consumer behavior but have also posed legal challenges to frameworks governing intellectual property, labor rights, and environmental sustainability.

영국 형법의 성문화가 이루어지지 않은 이유에 대한 고찰

Britain was the first country in the world to develop the rule of law, starting with the Magna Carta, and it has long used its maritime power to influence many countries around the world, and countries that were colonised by Britain, such as India and Australia, still retain the culture, institutions, etc. of the colonial era. This influence is not limited to culture and institutions, but is even more pronounced in the realm of law. The British did not simply use the ideology of the rule of law in their mainland politics and institutions, but also used it as a tool for governance in their colonies, either in the name of promoting modernisation in the colonies, or in the direction of the colonies themselves using the rule of law to develop. In the case of India and Australia, two of Britain's major colonies, they went beyond the British common law system to enact modern laws through the process of codification, which is considered a symbol of modernisation. In the case of India, the British saw it as a bridgehead to Asia and, given its importance, actively used the rule of law as a tool to govern India, while in Australia, the rule of law was further developed. Civil law was perceived to be the domain of each country, so there was little need for codification, but criminal law was used as an efficient means of imperial power, so codification proceeded more quickly than civil law. In contrast to this trend in the colonies, however, the common law system in England has remained essentially uncodified to the present day. This behaviour seems quite unusual for a country that was one of the first to develop the rule of law. There were many people in England, such as Jeremy Bentham, who believed that codification was necessary for the development and efficient administration of criminal law. However, due to the fact that the common law system was already deeply entrenched in England and the lawyers did not want to change it, the political situation at the time when the opinions of the lawyers could not be ignored due to the majority of lawyers in Parliament, and the sense of superiority that England could not have the same form of law as the colonies as a country ruling over the colonies, codification in the essential sense did not proceed. The criminal law, which was perceived as a universal law at the time, is now in a situation where crimes have diversified due to advances in technology and require active responses based on in-depth discussions, so it seems best to actively promote codification even now to proactively respond to the diversification of crimes.

From yachts to spacecraft: Legal aspects of space tourism ventures in comparison with the legal regime governing marine tourism

Until recently space travel was considered a privilege of governmental astronauts, with the exception perhaps of a few billionaire space tourists, who had been accommodated on the International Space Station on some rare occasions. Nonetheless, with major space pioneers announcing plans for space tourism activities and after the successful launch in orbit of space tourism vehicles from the Virgin Galactic and Blue Origin companies, academic interest about human spaceflight for purposes of leisure and recreation has ignited. Taking into account that space tourism is in fact an unregulated activity, this paper will firstly examine whether space tourism activities fall under the scope of space law or under the scope of international air law, depending on the planned trajectory of the space tourism vehicle. Furthermore, the authors will attempt to draw conclusions concerning the legal implications of space tourism activities through a comparative analysis with the 1974 Athens Convention on the Carriage of Passengers and the Carriage of their Luggage by Sea. This international convention provides a great example on the regulation of touristic ventures, as it refers to commercial touristic activities realized within a res communis omnium, i.e., the high seas, similarly with touristic activities in space. Moreover, said Convention provides for a specialized regime for touristic activities and is of particular interest, since it has achieved stability and a desirable balance of interests between private tourism operators and passengers. In this connection, the authors will evaluate the provisions of the 1974 Athens Convention in comparison with the space treaties applicable to space tourism activities. Furthermore, suggestions will be made as to whether it would be appropriate and feasible to introduce in the space law realm certain rules of law similar to those of the 1974 Athens Convention, in order to facilitate growth in the space tourism sector, without compromising the safety of human spaceflight for space passengers.

In the Shadow of Justice: Human Rights Implications of Criminal Acts

This research article delves into the intricate interplay between criminality and human rights violations within legal frameworks. This research scrutinizes how criminal acts, ranging from petty offenses to egregious crimes, cast a pervasive shadow over the landscape of justice and individual liberties. This article illuminates the multifaceted ways criminal behavior intersects with fundamental human rights principles by examining case studies, legislative measures, and international conventions. It explores the challenges posed by balancing the imperatives of law enforcement with the protection of civil liberties, emphasizing the need for nuanced approaches that safeguard human dignity amidst the pursuit of justice. Additionally, the article investigates the role of legal systems in addressing systemic injustices and promoting accountability for human rights violations perpetrated through criminal means. Through a comprehensive analysis, this study seeks to contribute to scholarly discourse on the complex dynamics between criminality, justice, and human rights, ultimately advocating for policies and practices that uphold the rights and dignity of all individuals within the realm of law.

A novel generalized similarity measure under intuitionistic fuzzy environment and its applications to criminal investigation

In our contemporary world, where crime prevails, the expeditious conduct of criminal investigations stands as an essential pillar of law and order. However, these inquiries often grapple with intricate complexities, particularly uncertainties stemming from the scarcity of reliable evidence, which can significantly hinder progress. To surmount these challenges, the invaluable tools of crime linkage and psychological profiling of offenders have come to the forefront. The advent of Intuitionistic Fuzzy Sets (IFS) has proven pivotal in navigating these uncertain terrains of decision-making, and at the heart of this lies the concept of similarity measure-an indispensable tool for unraveling intricate problems of choice. While a multitude of similarity measures exists for gauging the likeness between IFSs, our study introduces a novel generalized similarity measure firmly rooted in the IFS framework, poised to surpass existing methods with enhanced accuracy and applicability. We then extend the horizon of practicality by employing this pioneering similarity measure in the domain of clustering for crime prediction-a paramount application within the realm of law enforcement. Furthermore, we venture into the domain of psychological profiling, a potent avenue that has the potential to significantly fortify the arsenal of crime investigations. Through the application of our proposed similarity measure, we usher in a new era of efficacy and insight in the pursuit of justice. In sum, this study not only unveils a groundbreaking similarity measure within the context of an Intuitionistic fuzzy environment but also showcases its compelling applications in the arena of criminal investigation, marking a significant stride toward swifter and more informed decisions in the realm of law and order.

Contested Procedures: The Challenge of Enforcing European Standards of Judicial Independence in EU Accession Countries

The Russian war of aggression in Ukraine and the perceived geopolitical contestation in the Western Balkans necessitated a serious relaunch of the European Union’s (EU) enlargement policy, the “EU’s most effective foreign policy” according to the European Parliament. The still remaining and unresolved question is, how to effectively enforce rule of law standards in candidate countries to make them fit for accession. This article sheds some light on the tedious and contested processes to enforce European standards of judicial independence in Serbia and Ukraine. Through a combination of EU conditionality and Council of Europe (Venice Commission) expertise, both countries recently adopted constitutional amendments and respective legislation to introduce new mechanisms for judicial appointment bodies. The aim was to provide for a better protection of the judiciary from undue political influence, but also – particularly in the case of Ukraine – to increase the ethical standards of judges and with it the functioning of the Constitutional Court. However, whether these goals are indeed achieved with the instruments introduced is yet to be seen. Already, the reform processes, which are traced based on the opinions of the Venice Commission assisting the reforms in both countries, provide an impression of the challenges of wresting control over the judiciary from political actors. But the contestation continues, even after the successful adoption of new rules. Defining norm contestation as norm-setting or norm-implementation inconsistent with the standards of the European legal space, a closer look at the contestation evolving around the reform efforts in both cases allows a better understanding not only of possible mechanisms undermining the effectiveness of legal rules but also why a successful and sustainable transition towards the rule of law hinges on factors beyond the realm of law.

Information Literacy Programmes at the Academic Level in the Field of Law

Purpose: In law libraries in the Republic of Croatia, only a small number of information literacy programmes have been recorded. This indicates the need to strengthen and promote more effective teaching of information literacy in the field of law. The aim of this paper is to analyse the published literature to gain insight into the existing knowledge regarding information literacy in the field of law over the past 30 years in the Republic of Croatia. This analysis aims to determine possible directions for development and to find more effective teaching methods for information literacy. Methodology/approach: The methodology used included a qualitative research approach, specifically content analysis of works published in the last 30 years concerning information literacy at the academic level in the field of law in the Republic of Croatia. Results: The development of information literacy at the academic level in the field of law can be observed in parallel with the development of information literacy at the broader academic level in the Republic of Croatia. The most significant changes can be seen over the past five years, both at the theoretical and practical level of law school library work. Research on information literacy in the field of law, initially primarily focused on user education, is deepening and expanding, both in terms of methodology and content, because of intense and dynamic changes in the information and educational environment. As a result, further directions of development should be guided by the need for more research on the essential literacy skills of the 21st century for all stakeholders in the educational process. Such research would contribute to a greater understanding of the most relevant content and methods to be included in information literacy programmes tailored to the specifics of the legal discipline. Research limitation: A literature analysis revealed numerous different terms related to information literacy at the academic level in the field of law, especially in works published in the 1990s, when the term “information literacy” was not established in the Republic of Croatia. Therefore, there is a possibility of unintentional oversight of specific works. Another limitation of the research is the role of one evaluator/researcher in implementing the content analysis of the publications due to possible subjectivity in the analysis. Originality/practical implications: This study is one of the first to offer detailed insights into the current trends in information literacy development at the academic level in the field of law over the past 30 years. On a practical level, the author aims to encourage academic librarians to create and implement formal information literacy programmes within the realm of law and its related libraries.

Copyright Issues in Artificial Intelligence: A Comprehensive Examination from the Perspectives of Subject and Object

In the era of rapid technological advancement, artificial intelligence (AI) has emerged as a transformative force across various domains. However, this widespread integration of AI technology has given rise to complex intellectual property challenges, particularly in the realm of copyright. This paper explores the intricate landscape of AI copyright issues, addressing disputes related to training data, the copyright status of AI entities, and ownership attribution for creative works generated by AI. From an object perspective, AI-generated creations undeniably meet the requirements of originality and merit copyright protection, irrespective of civil law or common law frameworks. However, from a subject perspective, the legal recognition of independent copyright status for AI is currently lacking in most jurisdictions. Consequently, it is argued that the relationship between AI and its human operator should be legally characterized as a tool-based association, essential for addressing ownership concerns regarding AI-generated works. Furthermore, AI gives rise to novel copyright infringement quandaries, such as data utilization and incorporation of copyrighted works, presenting challenges in definition and enforcement within existing legal frameworks. Thus, there is a pressing need to refine and enhance relevant laws to adequately address these emerging challenges. As AI technology continues to progress, the copyright conundrums associated with it are poised to evolve, necessitating profound and extensive discourse within the realms of law and intellectual property.

Hijab Discourse in Indonesia: The Battle of Meaning Between Sharia and Culture in Public Space

The phenomenon of wearing hijab is not only a reality in Indonesia but also in the Muslim world and even the world in general such as Europe, America, and Australia. This paper aims to examine the discourse on hijab between Islamic law (sharia) and culture. This is a normative study using legal pluralism as an approach. This paper concludes that Indonesia has the largest Muslim population in the world, and the wearing of hijab has a long history until contemporary times. Currently, the phenomenon of hijra among Muslims is also on the rise, the hijab is then formalized into educational institutions and offices which not a few cause problems that sometimes arise discriminatory actions to those who do not want to use it. Another phenomenon about the use of hijab occurs in the realm of law. A woman dealing with legal issues, when presented at a press conference, some public figures wear hijab. Even in the judicial room, women who usually do not wear headscarves also change their appearance by wearing headscarves. Likewise, in a political campaign, women who usually do not wear headscarves, appear in hijab suits in public. Of these various phenomena, the hijab as a marker symbol has meaning, namely as a form of religious obedience, the identity of a Muslim woman, discipline in public spaces, and camouflage piety. From the perspective of legal pluralism, hijab is an articulation of strictness to the commandments of sharia as well as an inseparable part of the culture that has become a living practice in Indonesian society.

ANALISIS YURIDIS PENGGUNAAN SMART CONTRACT DALAM PERSPEKTIF ASAS KEBEBASAN BERKONTRAK

Smart contracts as a blockchain-based technological innovation invite juridical analysis in the context of the principle of freedom of contract. This research examines the impact of the use of smart contracts on the principle of freedom of contract, which emphasizes the rights and obligations of parties entering into an agreement or contract to determine the terms of the agreement without interference from third parties. Smart contracts provide the possibility of automating contract execution, increasing efficiency and transparency. The displacement of a notary as an official authorized to ratify a deed of agreement or contract raises big questions in this smart contract. Juridical analysis focuses on how these technologies affect the balance between freedom of contract and legal protection against breach of contract. If a contract breach occurs at a later date, will it give rise to legal consequences if it harms one of the parties and what protection can be given to the party who feels disadvantaged? The aspect of legal uncertainty regarding the existence of smart contracts is highlighted in this research, taking into account the complexity of law enforcement and protecting the rights of those making agreements or contracts. This study is interesting to discuss because technology is increasingly developing into the realm of law, but the problem is how the law itself responds to these technological changes. Will the law facilitate or even reject it? In essence, the use of smart contracts opens up new but challenging opportunities in understanding the role of the principle of freedom of contract in the era of advanced technology. Evolving legal and regulatory implications are a critical focus for ensuring continuity between technological innovation and the legal principles underlying it.

The Medico-Legalization of Sex in the Nineteenth-Century United States

AbstractThe rising field of medical jurisprudence in common law from late eighteenth century has led to a rearrangement of authority and epistemic power between lay and expert witnesses, in favor of the latter. Although the law had long relied on testimony from members of the community to establish the legal fact of a person's sex, the legal procedure of fact-making started to rely instead on the opinions of doctors, surgeons, and medical practitioners. This article closely reads medical jurisprudence books, U.S. case law, and U.S. newspapers from the nineteenth century to describe this expansion of medical experts’ authority to establish the legal fact of sex in vague cases. The article describes the spread of medico-legal technics of sex classification in three arenas of U.S. law: the law of marriage and divorce, cross-dressing, and defamation. The practice of legal sex classification was thus absorbed into medical expertise, and the meaning of sex in the law transformed from a socio-physical construct to a medical one. The mid-nineteenth-century decline of medical jurisprudence subsequently pushed the practice of sex classification outside the realm of law and into the jurisdiction of the medical profession, thus leaving sex classification mainly to doctors.

Framing Berita Kasus Tuduhan Pelanggaran UU Informasi dan Transaksi Elektronik (UU ITE) terhadap TikTokers Bima Kritik Lampung di Media Online Detik.com dan Kompas.com

Social media provides freedom of opinion and expression for its users. In Indonesia, the use of social media is regulated in the 2008 ITE Law. This study examines the reporting of one of the ITE Law controversy cases in the form of accusations of hate speech containing SARA against Bima Yudho Saputro who criticized Lampung as "Dajjal". The purpose of this study is to find out how the media Detik.com and Kompas.com in framing news cases of alleged violations of the ITE Law using Robert N. Entman's framing device. This research includes framing analysis research with qualitative approach methods. The results of this study are seen from the Define Problem framing tool, the media Detik.com and Kompas.com trying to define cases of alleged violations of the ITE Law by Bima as cases that do not need to be brought into the realm of law, evidenced by headlines that tend to write responses from several parties. Diagnose Causes, a framing developed by Detik.com and Kompas.com media is a report of violations of the ITE Law against Bima. Make Moral Judgement, it is seen Detik.com highlight the statement of the family responding to the case as a lesson for various parties, while Kompas.com highlight statements from various parties who consider the report against Bima to be a criminalization of human rights and a violation of democratic values. Treatment Recommendation, Detik.com and Kompas.com highlight the resolution of existing problems by writing down the attitude of the Lampung Regional Police regarding the Bima case.

Tanggung Jawab Apotek Dalam Kasus Kesalahan Penyerahan Obat

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When Federal Law Goes Unnoticed: Assessing the CISG's Applicability Across U.S. Courts Based on an Empirical Research of Decisions from 1988 to 2020

The United Nations Convention on Contracts for the International Sale of Goods (CISG) has reached the level of acceptance that it can be recognized as the face of international sales law. Over a century ago, the late Roscoe Pound drew attention to the dichotomy between the law as written and the law as experienced in practice. The law of the CISG “on the books” is the law of the United States. With the growth of international trade, one might expect its importance to grow in the realm of law “in action.” This article explores the CISG in action in U.S. courts during its almost four decades of being the law on the books in the United States. To this end, the authors built an original dataset based on their Westlaw search of all decisions mentioning the CISG across all U.S. federal and state courts from 1988 (when the CISG entered into force) through 2019. The dataset provides unprecedented insights into: (1) how parties raise the issue of the applicability of the CISG, (2) how courts have ruled on the Convention's applicability, and (3) the provisions of the Convention that appear most frequently in these disputes. This article empirically assesses, through logistic regressions, which factors are statistically significant for predicting if a court will apply (or decline to apply) the Convention to a disputed transaction. Finally, the article highlights many ways in which the law in action may not be as robust or comprehensive as it appears on the books.

Optimizing Family Law Counseling Through Social Media to Create a Legally Intelligent Society

Social media is currently used optimally by the public as a means of sharing information. No exception in terms of providing massive education. In the realm of law, increased education can be done through legal counselling. Increasing education is important because various studies have proven that high legal literacy can prevent legal problems, especially family law. Family law issues themselves are an issue in society, as evidenced by the high divorce rate in various religious courts, including the Religious Courts of Malang City and Malang Regency. Together with LBH Peradi Malang Raya, the servant optimizes legal counseling through Instagram and Tiktok social media, targeting Instagram and Tiktok user communities in Malang City, Batu City and Malang Regency. Servants compiled 9 (nine) legal educational videos with the theme of family law. Public enthusiasm is quite high in this video with a total of 33,035 views, 2,212 likes, and 169 comments.