Law Society Research Articles

The system of international legal norms and principles – the basis of legal regulation of the activities of national law enforcement bodies

It is indicated that the introduction of advanced international and European norms regarding the functioning of law enforcement agencies into Ukrainian legislation is a key indicator that the country not only declares a sustainable course for the democratization of all aspects of public life, but also takes concrete measures for its implementation. Ukraine has made significant progress in this direction, but there are still a number of challenges, the legal analysis of which will contribute to the further approximation of the domestic system of law enforcement agencies to global and European standards. In this context, one of the priority areas of scientific research is the justification of the need to update and improve the ethical codes of conduct of law enforcement officers based on international standards. This task becomes particularly relevant in view of the need for constant improvement of professional ethics and standards of behavior in the law enforcement sphere. This approach will not only improve the efficiency of law enforcement agencies, but also strengthen public trust in them, which is crucial for building the rule of law and civil society. In addition, it will allow Ukraine to demonstrate its commitment to the principles of the rule of law and the protection of human rights in the international arena. The article examines the system of international legal norms and principles that form the basis of legal regulation of the activities of national law enforcement agencies. Two groups of international standards are distinguished. The first group includes international legal acts that declare human rights and freedoms, primarily those that may be violated by the unethical behavior of law enforcement officers as representatives of state bodies. The second group represents international legal standards of professional and ethical behavior of employees of a specific law enforcement agency, the norms of which directly indicate the proper behavior of law enforcement officers in a specific area of law enforcement activity (judicial, prosecutorial, police, investigative, etc.). The main emphasis is on the need to cover the rules of professional ethical behavior of employees of all law enforcement agencies without exception, including those legally endowed with special rights and competence.

“Have we lost a part of our soul … [to] the result on the bottom line”? Reconfiguring professional spaces and the development of lawyers’ pro bono work as a professional project in Denmark

ABSTRACT Danish lawyers have long positioned themselves as fundamental pillars of the Rechtsstaat, portraying their independence and adherence to professional ideals as central to serving the public good. However, this traditional image has been increasingly challenged by the rise of large law firms taking advantage of deregulation and globalization. This has placed lawyers under a cross-pressure forcing them to compromise on their traditional defining characteristics. Large law firms, serving as advisors to clients such as major corporations and organizations, have distinguished themselves from the rest of the legal field with new professional projects. To regain some of the lost credibility, the largest law firms reformulated voluntary work as a professional project from being legal aid to individuals to US models of pro bono directed at NGOs and charity leading to further differentiation between lawyers. This article examines this dilemmatic cross-pressure between the differentiation of professional spaces in Denmark and the development of voluntary work as professional projects to regain the lost credibility as a profession working for the common good. It is based on a qualitative document analysis of 632 issues of the Danish Bar and Law Society's trade magazine for the period between 1976 and 2018 and qualitative interviews.

Yes, You Should Own Bitcoin

This article attempts to challenge the argument that bitcoin cannot be owned within a libertarian legal order. According to the contested view, bitcoin, as a digital asset, does not meet the criteria for traditional ownership due to its nonphysical nature as an intangible asset. However, the counterargument presented in the article asserts that people should have property rights over bitcoin due to the facts that the technology behind bitcoin makes it a scarce rivalrous resource and conflicts over the use of bitcoin goods can arise. It is the general function of property rights to avoid possible clashes over the use of scarce, rivalrous resources by assigning rights of exclusive ownership; hence, property rights should extend to bitcoin. The article also discusses the implications of recognizing bitcoin as an ownable scarce resource within a private law society and addresses the challenges associated with penalizing bitcoin theft.

Analysis of Muhammad Shahrur's thoughts on the concept of justice in polygamy: A perspective of contemporary islamic law

Polygamy, the practice of marrying more than one partner simultaneously, has been a controversial topic in Islamic law and modern society. Although it is permitted in the Qur'an (QS. An-Nisa` 3) on the condition of justice, its practical implementation is often debated, especially in relation to the principles of justice established. In this context, Muhammad Syahrur provides an innovative view on polygamy. He uses a linguistic and contextual hermeneutic approach to interpret Qur'anic verses, arguing that justice in polygamy includes not only equal distribution of material goods but also emotional and psychological well-being. Shahrur argues that the application of polygamy must take into account the social context and changing times, emphasizing that monogamy may be more appropriate for achieving justice in modern societies. The critique of traditional interpretations and the emphasis on the unattainable principle of absolute justice are the main focus of his methodology. The analysis suggests that although polygamy is permitted, practical justice may be more easily achieved through monogamy in the contemporary context, in accordance with the principles of human rights and gender equality.

Recognition of Lempa Dua Principle as Traditional Rights of Indigenous People Tau Taa Wana

Tau Taa Wana Indigenous Law Society is an integral part of the nation that has traditional or indigenous rights that must be respected and protected. The existence of the value of customary law as a sub-national legal system is recognized constitutionally in Article 18B Paragraph (2) of the 1945 Constitution of The Republic of Indonesia. The state recognizes, respects, and guarantees the enactment of customary law and its traditional rights as an integral part of the national legal system in Indonesia. This research aims to analyze and explain the legal recognition of the constitutional rights of Tau Taa Wana in the essential legal value of lempa dua as part of the Indonesian legal system for law enforcement eforts. This research used the normative-empirical method withlibrary research and the study of law as a reality (behavior) is done through research on how people follow the lempa dua principle as the living law. It shows that legal recognition of the rights of Tau Taa Wana guaranteed by the Constitution, as long it still exists as a subsystemofIndonesian law as well asa cultural identity and the rights of traditional peoples which is a human right that must be respected. As a subsystem of law, the principle of lempa dua also has a strict ordinance and division of duties between the three elements of kinship in resolving conflicts that occur between relatives tied in the principle of lempa dua. Also, juridicallydetermined that judges and Constitution Court judges as law enforcement are obliged to always keep up with the development of the values of law and justice ofsociety in prosecuting and deciding the case against the court.

Kesetaraan dan Keadilan dalam Islam: Tinjauaan Hasil Konferensi CEDAW tentang Feminisme berdasarkan Karakteristik Islam

This paper aims to examine the concept of equality and justice in the characteristics of Islamic teachings as a review of the results of the CEDAW conference on feminism. The conclusion of the theoretical study is that Islamic teachings place equal positions between men and women in religion, worship, law, economy, and social society in accordance with the nature set by Allah to him. Equality by prioritizing justice makes life peaceful and prosperous, thus proving that Islamic teachings are a blessing for all nature.

REGULATION OF THE LEGAL PRACTITIONERS’ FIDELITY FUND INVESTMENTS IN NAMIBIA

In the Namibian context, the Legal Practitioners’ Fidelity Fund is created by statute, and is administered by a board of control known as the Legal Practitioners’ Fidelity Fund Board of Control.1 In terms of the law, the Board of Control (the Board) has the mandate to invest moneys of the fund from time to time if, in the opinion of the Board, such funds are not immediately required for other purposes.2 Market failures are continuously experienced globally, and may lead to failed investments. This reality requires investors to take proper steps to ensure that their investments are sound. The soundness of an investment rests in the possibility of increasing investment returns and reducing possible risk of investment failure. The Legal Practitioners Act does not provide any steps to follow to guard against the failure of fidelity fund investments. The Act also fails to indicate the extent to which the Board or any other person may be held accountable for failed investments. The Rules of the Law Society of Namibia are equally silent on this matter. This article seeks to investigate the extent to which the Board may be held liable for any failed investments. The article also attempts to establish various steps that should be followed by the Board to prevent or avoid the failure of fidelity fund investments.

Successful Decriminalization of Narcotics Abusers in Thailand

The aim of this research is to compare the concept of decriminalization of narcotics abusers in Thailand and Indonesia, and determine the best concept that can be implemented in Indonesia because decriminalization in Indonesia has not been effective.The type of research used is pure normative legal research, with a comparative approach. The results of Thailand's research in changing policies for decriminalization followed by changes to law enforcement and the criminal justice system, this is very different from our country. The lack of clarity in the legal substance, in this case the Narcotics Law, is the main reason for the failure to implement decriminalization for narcotics abusers. No less important is the culture of law enforcement and society in viewing the decriminalization of narcotics abusers in Indonesia which hinders rehabilitation efforts for narcotics abusers. Different from Thailand, because overcoming narcotics abusers is Thailand's national development agenda, the War of Drugs is carried out with drug control and support from the local community, thereby changing the culture of viewing narcotics abusers as patients, not criminals, which is also accompanied by the construction of rehabilitation facilities and infrastructure in each region. where this has not been done by the government of our country.

INFLUENCE OF QUALITY CIRCLES ON LABOUR PRODUCTIVITY IN THE JUDICIAL SERVICE IN NYERI COUNTY

Labour productivity was an important factor in the success of a company. A company’s output was as much dependent on labour productivity as it was on capital productivity. The study sought to examine the influence of quality circles on labour productivity in the judicial service in Nyeri County. The study adopted the descriptive design. The target population comprised 43 Magistrates, 93 Court Administrators, and 145 Lawyers (members of the Nyeri Law Society). Using 30% representation, a sample size of 13 Magistrates, 21 court administrators, and 44 Lawyers (members of the Nyeri Law Society) was utilized. The study used cluster random sampling to select 8 clusters, stratified sampling to identify the sample within each cluster, and simple random sampling to choose respondents from each stratum. It collected quantitative and qualitative data using questionnaires and interviews, then used statistical analysis to organize, summarize, and present the data. Quantitative data was analyzed with descriptive statistics (frequencies, percentages, means, and standard deviation) and presented in tables, graphs, and charts. The study demonstrates there is a very strong positive correlation between labour productivity in courts and quality circles, with a coefficient of 0.875 and a significance level of 0.000. This means that courts that implement quality circles tend to have higher levels of labour productivity The regression analysis shows that technology use significantly enhances productivity, with a one-unit increase resulting in a 0.265 standard deviation rise (Beta = 0.265, p = .026). The study recommended that the judicial service should improve the technology infrastructure to boost productivity and performance in the legal sector.

THE INFLUENCE OF TECHNOLOGY USE ON LABOUR PRODUCTIVITY IN THE JUDICIAL SERVICE IN NYERI COUNTY

Labour productivity was an important factor in the success of a company. A company’s output was as much dependent on labour productivity as it was on capital productivity. The study sought to examine the influence of technology used on labour productivity in the judicial service in Nyeri regional courts. The study adopted the descriptive design. The target population comprised 43 Magistrates, 93 Court Administrators, and 145 Lawyers (members of the Nyeri Law Society). Using 30% representation, a sample size of 13 Magistrates, 21 court administrators, and 44 Lawyers (members of the Nyeri Law Society) was utilized. The study used cluster random sampling to select 8 clusters, stratified sampling to identify the sample within each cluster, and simple random sampling to choose respondents from each stratum. It collected quantitative and qualitative data using questionnaires and interviews, then used statistical analysis to organize, summarize, and present the data. Quantitative data was analyzed with descriptive statistics (frequencies, percentages, means, and standard deviation) and presented in tables, graphs, and charts. The study demonstrates a very strong positive correlation between labour productivity in courts and technology used (coefficient of 0.746 with a significance level of 0.000. The regression analysis shows that technology use significantly enhances productivity, with a one-unit increase resulting in a 0.265 standard deviation rise (Beta = 0.265, p = .026). The study recommended that the judicial service should improve the technology infrastructure to boost productivity and performance in the legal sector.

Implementation of Financial Aid for Local Political Parties in Banda Aceh City

<p><em>This study examined the </em><em>allocation</em><em> of financial aid funds from the Banda Aceh Regional Government Budget (APBK) to Local Political Parties X and Y in Banda Aceh. This study conducted empirical juridical research and presented the findings of field research using two analytical frameworks: Legal Effectiveness theory and Siyasah Maliyah Fiqh theory.</em><em> It focused on local political parties since they represent a unique kind of democracy in the Aceh region</em><em>.</em><em> From the standpoint of legal effectiveness theory, the findings of this study suggest that the supporting facilities in the form of financial aid and legal factors are adequate and suitable. Nevertheless, barriers remain present within law enforcement, society, and culture. From the accumulated results of the components of the theory of legal effectiveness, a fiqh siyasah maliyah perspective is obtained. Thus, it can be concluded that the principles of ownership and management are still hampered by transparency, accountability, and openness of information to the community. The principle of abuse and corruption is already working well, but the accuracy of targeting financial funds must be improved The people's benefit has not been completely realized as a result of the aid use not being targeted.. The principle of amar ma'ruf nahyi mungkar has also not been fully implemented because it is hampered by a crisis of public trust, the party's understanding of regulations, and the infrastructure supporting transparency and accountability.</em></p>

Law Reform Clinical Programmes Should be Promoted in Law Schools: An Explanation

This paper suggests that experiential education involving law reform is particularly suited to the academic stage of legal training. We review the current extent of clinics engaged in law reform, provide examples from our own practice, and then explain why law reform clinics are particularly beneficial. This is for several reasons. These include (i) the range of desirable graduate attributes and skills developed through involvement in law reform; (ii) the understanding that law reform is a career option; and (iii) the benefits to law schools and society generally from better laws, from legal academics using their skills to push for law reform, and from students being introduced to the civic obligation of the legal profession to be involved in seeking to improve the law. We also provide guidance from our own experience as to what can be done to establish a law reform clinic, whether as a dedicated course or as a way of running an existing course, and set out the steps that should produce good suggestions for reform.

Право, государство и гражданское общество в контексте объекта и предмета юридической науки

The study of civil society and the state, as well as legal phenomena, and the choice of methodological means for its implementation are largely determined by the characteristics of these objects. Without addressing the essential aspects, the most profound patterns of their existence, research may turn out to be not just superficial, but lead the scientist into the world of phantoms, simulacra and even oxymorons, which will live their own lives, form their own reality, weakly affecting the empirical reality. Civil society, state and law from the standpoint of post-non-classical methodology appear not only and not so much as empirical objects, but as certain mental constructs. In this regard, the object and subject of legal and other humanities in a sense overlap: the model for describing society, state and law, outlining the subject of research as problematic issues of their functioning and development, simultaneously acts as an independent phenomenon that can be included in the object of research.

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

COACHING EFFORTS FOR TERRORISM PRISONERS IN THE PERSPECTIVE OF INDONESIAN POSITIVE LAW

The crime of terrorism is a serious crime that requires special guidance methods in handling it. Efforts to handle terrorism cases in Indonesia are carried out through special approaches, namely a hard and a soft approaches. Deradicalization is an action that seeks to develop the mentality of national and religious ideology. This research is empirical legal research that examines Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. The research method applied is descriptive, which aims to describe the actual situation. This data is then analyzed using a quantitative approach, which means the data is analyzed selectively and described before finding a solution to the problem. This data was analyzed to determine the effects of implementing guidance according to Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. Efforts to deal with Based on the evidence, it can be concluded that those who commit terrorist crimes in Indonesia are generally quite good. The obtained data shows that former prisoners in terrorism cases in Indonesia have returned to be good citizens. Although Indonesia is making good efforts to combat terrorism, much more needs to be improved. The government, law enforcement agencies and society have to work together in fighting terrorism and avoiding cases of terrorism in the future.

Problematic aspects of the implementation of legal guarantees of human and citizen rights in Ukraine

The article describes the basic rights and freedoms of a person and a citizen, which are inalienable rights and freedoms enjoyed by a person from birth. They form the basis of the legal status enshrined in the state constitution and enjoy the highest legal protection. The most important and complex relations between people and the relations between the state and the person in legal form are regulated by formulating the rights, freedoms and obligations underlying the legal status of a person, which is one of the most important not only legal, but also juridical. also political categories. The most important features of the rights and freedoms of a person and a citizen are: naturalness, continuity, equality, social justification, respect for international standards, state guarantee. The problem of guaranteeing the rights and freedoms of a person by giving them a real character is not only of a practical nature. In the modern context of the development of the rule of law and civil society, it is important to develop a holistic scientific concept of human rights and freedoms, which covers a wide range of theoretical provisions regarding the essence and content of rights and freedoms, their structure and mechanism. Local self-government bodies play an important role in ensuring constitutional rights and freedoms. A real environment for the existence of human rights is possible in the conditions of a democratic state governed by the rule of law. Democracy, rule of law and human rights are inseparable. The rule of law is a guarantee of the reality of human rights in terms of protection from violations by the authorities, and human rights are the main condition and characteristic of democracy, the humanistic and human dimension of the rule of law. The article concludes that the basis of democracy in the state is the guarantee of the rights and freedoms of man and citizen by the Constitution of the state, not only formally, but also in practice. Therefore, taking into account the individual shortcomings of state bodies in regulating the system of human and citizen rights, the number of human rights organizations is growing day by day, both at the national and international levels. At the same time, the article concludes that it is impossible to build a legal state in a society with developed legal nihilism. And respect for the rights of society can be caused only by concern for the same rights of people and citizens.

Reflections on the status of protection of the rights of persons with intellectual and psychosocial disabilities in Kenya

Commissioner Prof Marion Mutugi, Kenya National Commissionon Human Rights (KNCHR), Prof Ronald Chepkilot, Deputy ViceChancellor (Administration and Finance), Kabarak University, DrHarun Hassan, Executive Director, National Council for Persons withDisabilities, Dr Bernard Mogesa, Secretary, KNCHR, Dr Julius Ogato,the Chief Executive Officer, Mathari National Teaching and ReferralHospital, Mr William Aseka, Programme Manager - Africa, ValidityFoundation, Representative of the Kenya Prisons Service, Nakuru, MrHenry Opondo, Chairperson of the Law Society of Kenya, NakuruChapter, Representatives of civil society organisations working in thearea of mental health rights, faculty and students of Kabarak University,esteemed guests, ladies and gentlemen, good afternoon.

Between a ‘flexible’ and ‘rigid’ interpretation of the list of prohibited grounds of discrimination under article 21(3) of the constitution of Uganda: Uganda Law Society and 12 others v Attorney General [2024] UGCC 2 (13 February 2024)

Article 21 of the Constitution of Uganda (1995) provides for the right to freedom from discrimination. Article 21(3) provides that for the purposes of Article 21, discrimination ‘means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.’ Article 45 of the Constitution provides that ‘[t]he rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.’ In Uganda Law Society and 12 others v Attorney General (13 February 2024), the Constitutional Court invoked Article 45 and held that the list of prohibited grounds under Article 21(3) is not exhaustive. In this article, the author relies on the drafting history of Article 21(3), the jurisprudence of the Supreme Court on Article 21(3) and the literal interpretation of Article 21(3) to argue that the list of prohibited grounds in Article 21(3) is exhaustive and that the Constitutional Court erred when it held to the contrary. The author argues further that Article 45 should not be relied on to read rights into the Constitution. It should be applicable to statutory or common law rights.

Nyeburin Marriage Ceremony in Accordance with Balinese Customary Law in Mas Traditional Village

The position of sons is critical in customary law societies in Bali. This is related to the belief in the community that if there is no son, there will be no one to carry out customary and religious obligations in a Hindu family. Facing this situation, Balinese customary law combined with Hindu law offers a solution by elevating the status of girls to purusa status, allowing them to have the same rights and responsibilities as boys. The purpose of this study is to describe the Nyeburin marriage ceremony according to Balinese customary law in Mas traditional village. This type of research is qualitative with a phenomenological approach. This research was conducted in Desa Adat Mas. This research uses qualitative data sourced from primary and secondary data. Determination of informants was determined by purposive sampling. The data collection techniques used were observation, interview, literature, and document study. This research used data analysis techniques: data reduction, data presentation, and conclusion drawing. The findings of this study are that Nyeburin marriage has a change in status; namely, the wife has purusa status (male status), so it has consequences for the procedures for implementing marriage, the position of the husband, and the offspring obtained. In Nyeburin marriage, the implementation is also carried out at the purusa residence, which, in this case, is the bride's house. Furthermore, the husband will follow or enter the wife's family environment and legally break away from the bonds of family origin.

The impact of law on moral and social norms: evidence from facemask fines in the UK

We measure the extent that a prevailing law can affect moral and social norms. We use variations in facemask fines in the UK during the COVID-19 pandemic as a case study, as it presents us with many features of a natural experiment. Our analysis provides two important findings. First, we find that the legal status of a behaviour, that is whether the behaviour is illegal or not, is important in influencing stated compliance and moral and social norms. In contrast we find no evidence that a variation in penalties has any effect on stated compliance or moral or social norms. We consider these results are important for law makers and society, as both moral and social norms are known to be important drivers of social change, and our results show that legality influences both—thus highlighting an endogenous relationship between the law—and moral and social norms.