Realm Of Law Research Articles

Back to the Future? Temporality and Society in Indian Constitutional Law: A Closer Look at Section 377 and Sabarimala Decisions and the Genealogy of Legal Reasoning

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart.

Uticaj komunikacije u virtuelnom okruženju na pravnu informatiku

Legal informatics is created in the context of the application of computers in law. The study of legal communication has become increasingly interdisciplinary in recent years, and in addition to fields traditionally interested in legal language (such as philosophy and linguistics), this area encompasses other disciplines, such as economics, sociology, anthropology, and psychology. Communication in a virtual environment within legal informatics and the administration of justice faces the challenges posed by globalization, migration and the growing multilingualism in the legal domain, and includes key issues of equality in access to justice in more complex, multicultural societies. Social networks influence different aspects of modern life and have a profound impact on interpersonal communication. They will continue to integrate more and more into the normal human experience and increase the scope of the human communication process. Every traditional communication channel has its obvious advantages and organizations should continue to use it, but the Internet is a channel in continuous development that enjoys great attention and is used by more than one-third of the global population. The emergence and development of techniques provided by the viral marketing strategy, strongly supported and empowered by the development of digital technologies, have given the opportunity to lesser known brands to position themselves in the mind of a large number of consumers. This can be done by creating content that will "reach" to the public and in that way to motivate further transmit of the message, through social networks, about their impressions of the product or service to other family members, friends or colleagues. Social networks, but also the Internet in general, with their rapid development become an inevitable marketing medium that will become an important factor in the business of the companies in the near future. Marketing communication is changing more and more every day in the way it communicates with consumers. By monitoring trends and developing innovative marketing communication techniques on social networks, it is possible to respond to market demands more precisely and better understand and respond to the hidden needs and wishes of consumers. Legal informatics, which is considered to be the process of managing information about data related to the legal aspects of business, is increasingly dealing with communication and content of social network users. This topic, therefore, has led to the development of mobile application and other mobile device development services advancing to step into the realm of law. Also, legal informatics, but also law in general, play a major role in identifying and sanctioning unethical and illegal activities in a virtual environment, such as hate speech and cybercrime, which can have unforeseeable consequences for information technology users and organizations and their business.

Cultural Heritage in Juridical Realm of Things

Introduction. This article deals with the concepts of cultural heritage and cultural property from the standpoint of legal history and philosophy. This research reflection was inspired by the Draft Law of Ukraine “On Cultural Market Goods”. The author follows the path determined by language and by peculiarities of civil law tradition. It is high time to return to a dialectical understanding of Romance and Germanic traditions as two contradictive poles of heritage law understanding in Continental Europe. The aim of the article is the analysis of the correlation of “cultural heritage” and “cultural property” notions within international law and national law of Ukraine, and integration of these notions into the united concept of heritage law. Results. First, the fundamental terms and definitions – for instance, “bien” (French) and “Sache” (German) – related to the property law have been analysed in relevant civil codes of Romance and Germanic traditions. The property law in the civil law tradition provides a certain legal description of the whole visible and abstract world. Hence, the way passed from the Napoleonic Code to the German Bürgerliches Gesetzbuch was both the development of legal forms, as well as the evolution of the world outlook reflected in the legal texts. In the French Code civil, one can observe a baroque pattern of the world of things, especially manifested by a difficult correlation between “bien” and “chose” concepts. The definition of “Sache” in Bürgerliches Gesetzbuch demonstrates the positivistic world vision. Because Bürgerliches Gesetzbuch is more advanced from the legal drafting methodology, its specific patterns and notions were implemented by the civil codes of the majority of European countries. On the contrary, in the heritage law realm, the Romance “bien” concept has been dominating. Conclusions. Paper states that the Romance law tradition and, particularly, the French doctrine of the civil law have a determining impact on the roots and on the formation of the modern vision of the cultural property. Hence, such doctrinal foundations seem to be efficient for a systematic and organic comprehension of the heritage law.

Implementation of Normative Intelligence Policy In Immigration View

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

An Intensive Course on basic Principles of Law

Teaching English is deemed as an inseparable part of education in Uzbekistan. Starting from XXI century modern innovative educational system began to be applied in every sphere of education in our country. Therefore, new decrees and resolutions have been enacted via Cabinet of Ministers, State programs and the President of Uzbekistan (Azizova, 2014, p.25). There is no doubt that the role of teachers in the development of young generation is very significant. In order to prepare highly-qualified teachers nowadays government is paying great attention to them by establishing exchange teachers’ programs, in-service teacher-trainings and other grants. This article is devoted to a language policy and planning of teaching English at Tashkent State University of Law, and proposes an intensive course in a bid to enhance the expertise and competence of EFL teachers in the realm of law.

DIGITAL LITERACY OF LECTURERS AS WHATSAPP GROUP USERS IN SPREADING HOAX INFORMATIONS AND HATE SPEECH

The emergence of the internet and social media has changed the ease of interaction and the position of humans where they are no longer just as consumers, but as well as producers and distributors of messages. Whatsapp as the top three social media platforms that are widely used in Indonesia is one of the most common social media circulating information on hoaxes and hate speeches. With the massive information circulating on social media, digital literacy in new media has a very significant role. Lecturers as professional and well-educated people should be able to understand, analyze, assess, and criticize every information carried by social media. But lately there have been various cases of misuse of social media involving lecturers to the realm of law. This will be a threat because lecturers are professions that are used as role models and key opinion leaders in the society. Therefore, researchers are interested in understanding the experience of digital literacy of lecturers as Whatsapp group users in disseminating of information on hoaxes and hate speech. Jenkins's theory of new media literacy is used in this qualitative research with an interpretive constructivism paradigm. The research method uses Edmund Husserl's classical phenomenology which emphasizes the essence of the subject (human consciousness) and its activities. The results show that Whatsapp Group is used as a form of communication and information exchange. Sharing is caring has a strong influence on lecturers to spread all the information that is on Whatsapp Group. The main reason for disseminating information related to perceptions of interests and usefulness of the information, so that sometimes the lecturers unwittingly spread hoaxes and hate speech.

Journalist Competence in Applying the Presumption of Innocence Principle on Press Release

A journalist competence as intended in the Press Council Regulation is interpreted as knowledge capability without affirmation for journalists who have knowledge of certain scientific disciplines. The meaning is all journalists from any discipline may be recognized as journalists who have the competence to apply the presumption of innocence in reporting. This arrangement in journalistic practice, the press often appears' 'judgmental' in the news because the use of the terms is often interpreted the same, even though the law holds very different meanings, such as the suspect is written as the perpetrator, released is written as free, not accepted is written as rejected, sentenced to trial is written as the judge free it. To prevent the violation of the presumption of innocence principle in reporting, the regulation of journalists' competencies must be emphasized from intellectual abilities and general knowledge to legal knowledge. The affirmation is directly correlated with the news object which is in the realm of law as a function of the press that is obliged to respect the presumption of innocence principle.

RUMAH AMAN BAGI KORBAN KEKERASAN DALAM RUMAH TANGGA TERHADAP PEREMPUAN DI ACEH (Studi Kasus P2TP2A Provinsi Aceh)

Home Safe is a temporary residence that is used to provide protection against victims in accordance with the prescribed standards. Safe house strongly is needed immediately to be built in accordance with the provisions of the law because the victim can tell and feel safe in the safe house. Integrated service center women and Children Empowerment have the task and function to prevent and handle domestic violence that the victims suffer. The problem formulation in this research is that it has not fulfilled the protection of domestic Violence as it has not been formed a safe house in Aceh province. In the discussion of researchers use the type of normative administrative research that is library Research (library) and field research (field) and use qualitative method of data derived from interviews, report notes, documents and others. Based on the research can be obtained the following results: the form of domestic violence that is the cause is economic factors in the family, factors of infidelity, drug factors, the innate factors of the perpetration itself, and Relationship between a married couple who is not balanced. While the P2TP2A effort in reducing domestic violence is to do socialization to Gampong-Gampong to the public about the laws of PKDRT law so that people know about the realm of law that occurs over violence Women. It can be concluded that domestic violence has decreased with the socialization and other performance of the P2TP2A institutions and is advised to immediately build safe houses for victims of domestic violence.Key words: Safe House, Domestic Violence Victims, Aceh

Metaphors and Legal Language: a Few Comments on Ordinary, Specialised and Legal Meaning

The present text offers a few comments on the metaphorical dimension of legal language and the nature of legal language as such. The authors discuss selected metaphors in the context of the Polish legislation with the aim to show how the metaphorical dimension of language can be used and abused. It is also demonstrated that the metaphorical dimension of language can cross-cut the interface between language and law on different levels. There are metaphors in legal texts that can be deliberately used to emphasise or cover selected aspects of meaning, and others that can just happen to act irrespective of any premeditated action on the part of the legislator. Finally, in a wider perspective, it is shown that the relation between ordinary language and the language of the law, i.e. ordinary meaning and legal meaning, may itself be seen as a relation between two domains within which metaphorical mapping takes place. It is claimed that the divide between the realm of law and the “real world” goes beyond a trivial division relative to expertise in the law and expertise in legal discourse, but can be better understood as the division between the legal community and the non-legal community including the academia where linguists reside.

KONSTRUKSI PEMBERITAAN KASUS BODY SHAMING ARTIS DIAN NITAMI DI NAKITA.GRID.ID DAN TEMPO.CO

Body shaming is an act of mocking or insulting by commenting on a person's physical form or body size. Body shaming is synonymous with bullying behavior, because it will affect one's self-image, self-concept, and self-confidence. This study aims to see how the construction of body shaming reports that hit Dian Nitami artists in Tempo.Co and Nakita.Id online media. The research approach used in this study is qualitative with a constructivist paradigm. This study uses Robert N. Entman's Framing Theory. Research results: Tempo.Co in its frame brings the case of bullying that befell Dian Nitami artists to the realm of law. Tempo.Co positions the account @corissa.putrie owner as the cause of the problem and Anjasmara as a hero. Make Moral Judgment which is presented by Tempo.Co in the news in the form of a threat of punishment that will be accepted by the body shaming perpetrators on social media. Treatment Recommendation offered by Tempo.Co in its news text so that people are wiser and wiser in speaking on social media. Nakita.Id brought this case to the moral realm. Nakita.Id positioned the @corissa.putrie account and also the women who use social media as the cause of the problem, Anjasmara is positioned as Dian Nitami's hero and artist as a victim. The Make Moral Judgment presented by Nakita.Id was an appeal to reflect on what we had typed with the fingers and uploaded to the internet. Treatment Recommendations are offered so that every citizen takes heed of ethics in social media. Conclusion: media is a means for people to understand various realities. through the construction of news reporters display and place events in a particular social context where the audience is.

Dual Textuality of Law

This paper treats legal informatics as a scientific bridge between law and legal documentation. Ten layers are distinguished in the realm of law, e.g., phrase, sentence, sentence formation, and legal act. Four kinds of representation are distinguished in legal documentation (a document representation, a syntactic one, a semantic one, and a pragmatic one). A granularity question is discussed: what is the smallest entity – a document, a sentence or a word? Different software systems are built within each layer. Such applications link different layers of law with different representations.

ASAS NON DISKRIMINASI DALAM CONTEMPT OF COURT

This research raises the title of non discrimination principle in contempt of Court with legal issue (1). Non-discrimination Principles as the basis for the application of Contempt of Court criminal acts and (2). Formulation of sanction of Contempt of Court crime by using method (1). Normative research type, (2). Approach problems that include (a). Conceptual approach, (b). Legal Approach, (c). Case approach and (d). Comparative approach. The result of this dissertation research in the form of Contempt of court is an insulting behavior, disobedient to the order of the court institution (harassment) which has been included in the criminal law realm. Contempt of court derived from common law system, not derived from countries that the legal system embraces Civil law system including the State of Indonesia. While in Indonesia first knew Contempt of Court on the enactment of Law No. 14 of 1985 on the Supreme Court of the Republic of Indonesia. The Criminal Code (KUHP) does not regulate the crime of Contempt of court, but only acts or criminal acts in the Criminal Code are categorized into the realm of criminal acts Contempt of court, so that the Judge (court) is only a legal object of action criminal Contempt of court. The Non-Discrimination Principle can be applied to the crime of Contempt of Court because all legal subjects must be equal before the law, so that the application of the principle of Non-Discrimination judges will be the subject of law, so there is a shift in the concept of being a legal subject because it is based on the principle of Non Discrimination. The norm as a Contempt of court arrangement is stated as "everyone ...".

UNDERSTANDING THE NEW MEDIA LITERACY IN SPREADING HOAXES AND HATE SPEECH

The emergence of the internet and social media has changed the ease of interaction and the position of humans where they are no longer just as consumers, but as producers and distributors of messages. Whatsapp as the top three social media platforms that are widely used in Indonesia is one of the most common social media circulating information on hoaxes and hate speeches. With the massive information circulating on social media, new media literacy has a very significant role. Lecturers as professional and well-educated people should be able to understand, analyze, assess, and criticize every information carried by social media. But lately there have been various cases of misuse of social media involving lecturers to the realm of law. This will be a threat because lecturers are professions that are used as role models and key opinion leaders in the society. Therefore, researchers are interested in understanding the experience of new media literacy in the dissemination of information on hoaxes and hate speech among social media lecturers, especially Whatsapp Group. Jenkins's theory of new media literacy is used in this qualitative research with an interpretive constructivism paradigm. The research method uses Edmund Husserl's classical phenomenology which emphasizes the essence of the subject (human consciousness) and its activities. The results show that Whatsapp Group is used as a form of communication and information exchange. Sharing is caring has a strong influence on lecturers to spread all the information that is on Whatsapp Group. The main reason for disseminating information related to perceptions of interests and usefulness of the information, so that sometimes the lecturers unwittingly spread hoaxes and hate speech.

Two Sides of the Same Coin: Temporary Protection as a Practical but Unsettled Concept

A mass influx of migrants and asylum-seekers is a well-known contemporary phenomenon that has created tremendous challenges for displaced persons, receiving states, and the international community. Although the 1951 Convention is still the most important instrument in the international protection regime, some protection gaps persist. Dealing with situations of mass influx of persons across international borders is one of these weak spots. In this regard, temporary protection measures have emerged in State practice to fill such a gap. However, these are considered time-limited emergency responses and group-based protections to cope with mass influxes. The standards of treatment granted to beneficiaries are less than those found in the 1951 Convention. While investigating temporary protection is a continuing concern both within the literature and as practical measures at UNHCR, this article seeks to assess the effectiveness of temporary protection mechanisms in coping with mass influxes. Identifying temporary protection as an unsettled concept would serve ongoing efforts to bring it within the realm of law under more acceptable standards of treatments for its beneficiaries.

PENERAPAN HUKUMAN TA’ZIR DI INDONESIA (Suatu Analisis Terhadap Penerapan Hukuman di Lapas Kota Padangsidimpuan)

This study aims to reveal the application of ta'zir punishment in Indonesia by analyzing the application of punishment in Padangsidimpuan class II B prison, this research is a type of field research with a qualitative approach to comparative analysis. While the data collection in this study was carried out through observation and interview techniques, while data analysis techniques used a comparative model.The results of the analysis show that in prison class II B Padangsidimpuan there are three types of crimes which are crimes of ta'zir or new types of crimes that have not been clearly stated in the Koran regarding the punishment of narcotics, corruption, and punishment for child offenders . Where all the perpetrators were sentenced to ta'zir or punishment based on a judge's decision, from the practice of applying punishment in class II B prison Padangsidimpuan shows that indirectly the terminology of ta'zir punishment in the Islamic criminal law realm has actually been applied in Indonesia, namely correctional institutions

The History of Forensic Linguistics as an Assisting Tool in the Analysis of Legal Terms

One dimension of human life which become the issue and had been debated is about the used of legal terms which is against the language rules. The use of language and law are often oriented to non-substance issues, namely the used of formal legal terms which is inconsistent with the standard of the Indonesian language. As a result, such a linguistic study does not provide a functional and proportional impact in resolving the problems of the law itself. The study only becomes as an analysis report on the forms of error in the use of language in the realm of law which is expected to be a feedback for improving the quality of the language of law enforcement officers. Accordingly, the empowerment of forensic linguistics as a tool to solve the legal problems becomes important and made a choice in the field of science, especially in the universities. The various cases developing both in domestic and foreign countries have absolutely proven beneficial for forensic linguistic analysis. A lawsuit that comes from speech and transcribed in written language can be a preliminary proof the reporters used. This is also become complaint to the Police. The article examines whether forensic linguistics can be inferred unlawful speech.

IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

Private Enforcement in the Realm of European Capital Markets Law Revisited and the Case of Credit Rating Agencies from the Perspective of European and German Law

This treatise revisits the debate on private enforcement in the realm of capital markets law from the European and German perspective. It has been inspired by and shall contribute to the wider debate on whether or not financial markets regulation and civil liability in European law have been steering a more coordinated course. The treatise introduces at the outset some vital aspects of the broader debate on the relationship of capital markets law and private law from the German perspective. The treatise then turns to the European civil liability regime for credit rating agencies (CRAs). The topic of this treatise thereby interweaves two realms of law: European capital markets law as an integral part of European financial markets law and national private (international) law. The treatise explores the efficiency and effectiveness of the European civil liability regime for CRAs in the European Union (Union) with a view to its design and implementation. It shows that the European civil liability regime for CRAs in the Union is a specific example of an ill-conceived private enforcement tool in the realm of European capital markets law. The complexity of its design is explored firstly from the perspective of the law in books. In highlighting the torso design problem of the European civil liability regime for CRAs focus lies on the role of private international law. Secondly – as to the perspective of the law in action – the approach of German courts is sketched to illustrate the challenge the national (German) judiciary faces in context with the civil liability of CRAs. The torso design of the European liability regime for CRAs appears to render it an alien concept rather than one fitting easily into the canon of (national) civil liability norms. The treatise concludes with a question rather than a response to the question on whether financial markets regulation and civil liability in European law have been steering a more coordinated course: Why not navigating better next time?

‘Tuyul’: Transportasi Onlen Fiktif, Media Sosial dan Hukum

Technology today cannot be denied is developed very rapidly. People compete to innovate and take advantage of this technology development to create something that has economic value. One form of these rapid technology development that is currently being discussed and massively utilised is the presence of online-based application transportation. In Indonesia, there are a number of online-based application transportation companies, one of the most popular companies is Grab. However, this technological advance still have a gap to be cheated by irresponsible people who want to earn money by breaking the rules through modifying android handphone (HP root). Thus, they do not have to bother driving to pick up passengers from place of origin to destination by onlinely ‘playing’ the aplication. In this way, incentives are obtained, something that can only be legally obtained with certain targets of a company with considerable revenue. Both driver ‘tuyul’ and police understand that burglary apllication is a violation of the law. However, there is a symbiotic mutualism between the two. On the one hand, ‘tuyul’ drivers are excempted for the offence committed by paying some money. On the other hand, police also get some money from ‘the release’. Such ‘peaceful arrangement’ can be done only if the case is not exposed to the media, especially social media which release news is much faster and up-to-date. This indicates the significant role of media, not only to expose cases of ’tuyul’ driver, but also to make these cases go into the realm of law. This proves that the media is more respected than the police and money remains a ‘king’ capable of buying the law. Therefore, online trandportation companies should evaluate and improve the security sistem of their application so as not to be easily broken by ‘tuyul’ drivers. In addition, cooperation among Grab companies, police, and media in conducting raids since research findings indicate that media can be a controller in expressing this online-based application transportation crime.

International Legal Scholarship and the Quest for Integrating Democratic and Participatory Principles in the Definition of Global Public Goods

This contribution purports to critically examine the ways in which modern international legal scholarship has come to grips with the question of bridging the ‘democratic participation gap’ in the context of defining and prioritising global public goods. It begins by asserting that core tenets of legal positivism, such as State sovereignty and consent, are deeply undemocratic, or that, at a minimum, they are capable of operating in a deeply undemocratic way, thereby casting doubt on whether classic international law can be seen as the solution to the problem of democratic participation. Against this background, the article continues by exploring two alternative theoretical frameworks for bridging the ‘participation gap’. The global administrative law project is examined and rejected as its main focus on accountability, rather than democracy, implies that it lacks ambition when it comes to the question of broadening decision-making processes. The focus turns next to global constitutionalism. It is argued that, in reality, this version of constitutionalism does not really offer any new analytical and normative insights; traditional legal thinking is anything but unfamiliar with the conceptual distinction between direct and indirect participation. The article concludes by canvassing some remarks on a common mindset of the discipline: the discipline’s knee-jerk response to the challenge of defining global public goods illustrates the unease felt by international lawyers to deal with questions of global governance without transferring them into the realm of law. For full text, please click here