Socio-legal Implications Research Articles

Can Advocates’ Legal Culture in Civil Law Enforcement Drive Reform in Indonesia’s Modern Justice System?

This study examines the urgent need to reform the legal culture of advocates in Indonesia, specifically in relation to the use of e-court and e-litigation systems in civil law enforcement. These systems were designed to streamline legal processes, offering faster, cheaper, and more accessible trials for material parties. However, advocates have been slow to adopt these technologies, often sticking to traditional methods, which undermines their potential effectiveness. The novelty of this research lies in its exploration of how the legal culture of advocates can be reformed to better leverage e-court and e-litigation. Rather than focusing solely on the technical aspects of these systems, the study emphasizes the socio-legal implications of such reforms. Advocates, as both legal professionals and agents of social change, play a critical role in bridging the gap between new technologies and the material parties they represent. This research contributes to the development of civil procedural law and aims to improve the legal culture of both advocates and clients. Using a qualitative, socio-legal approach, the study gathers data through interviews, observations, document analysis, and personal experiences. The urgency of this reform is underscored by the need for advocates to fully embrace their role in Indonesia’s digital transformation of justice. The study also examines how regulatory tools like PERMA No. 1 of 2019 and No. 7 of 2022 can support these reforms, ultimately driving systemic change in Indonesia’s legal culture and enhancing the effectiveness of e-court and e-litigation.

Implications of Digitalization and AI in the Justice System: A Glance at the Socio-legal Angle

This research paper critically explores the digital transformation of justice systems, applying the theoretical frameworks of “Law and Society” and “Legal Realism” to analyze the socio-legal implications of this shift. As digital technologies increasingly permeate the judicial landscape, they bring opportunities and challenges. The “Law and Society” theory, which views law as a social phenomenon shaped by cultural, economic, and political factors, is crucial for understanding how digital tools can redefine accessibility and inclusivity within the legal system. Conversely, “Legal Realism” focuses on the practical outcomes of legal processes, emphasizing the importance of assessing the real-world effectiveness of these digital tools. This paper discusses the potential benefits and significant challenges posed by digital justice systems, such as disparities in technological adoption and the risk of exacerbating existing inequalities. This study highlights the operational efficiencies gained and the barriers encountered by examining digital initiatives across various jurisdictions. It provides a nuanced view of how digitalization can bridge and widen legal access gaps, emphasizing the need for a balanced approach that considers both technological advancements and their socio-legal impacts. This analysis aims to contribute to the discourse on modernizing justice systems in a way that is equitable, effective, and reflective of contemporary societal needs.

AI’s Trojan Horse: The Deepfake conundrum under the criminal justice system

This paper seeks to address an emerging challenge in the criminal justice system: the advent of deepfake technology. A concept which can be symbolised as AI’s Trojan Horse – deepfakes, refers to highly realistic AI-generated audiovisual content – which have increasingly become indistinguishable from authentic recordings. Their existence poses unprecedented threats to the integrity of evidence, especially in the criminal law field, which serves as a watershed moment in the administration of justice. The paper’s exploration will begin with a foundational understanding of deepfake technology, delineating its evolution and operational mechanisms. This background is vital, as it sets the stage for understanding the complex legal challenges deepfakes introduce, particularly in undermining the sanctity of evidence in criminal trials. By analysing the potential for deepfakes to compromise a defendant's right to a fair trial, the research will highlight a critical gap in current legal frameworks and evidentiary standards, calling for pressing legal reforms and technological safeguards. Further, the question of appointing a corporate personhood to artificial intelligence will be deliberated upon, touching upon the socio-legal implications of the same. The paper will conclude by reflecting upon the future trajectory of deepfakes and their impact on the legal landscape, affirming the need for ongoing vigilance and adaptation in judicial administration.

A Systematic Review of the Socio-Legal Dimensions of Responsible AI and Its Role in Improving Health and Safety in Construction

Integrating artificial intelligence (AI) in the construction industry could revolutionise workplace safety and efficiency. However, this integration also carries complex socio-legal implications that require further investigation. Presently, there is a research gap in the socio-legal dimensions of AI use to enhance health and safety regulations and protocols for the construction sector in the United Kingdom, particularly in understanding how the existing legal frameworks can adapt to AI integration effectively. Comprehensive research is indispensable to identify where the existing regulations may fall short or require more specificity in addressing the unique implications introduced by AI technologies. This article aims to address the pressing socio-legal challenges surrounding the integration of AI in the UK construction industry, specifically in enhancing health and safety protocols on construction sites, through a systematic review encompassing the PRISMA protocol. The review has identified that the existing legal and regulatory framework provides a strong foundation for risk management. Still, it needs to sufficiently account for the socio-legal dimensions introduced by AI deployment and how AI may evolve in the future. The Health and Safety Executive (HSE) will require standardised authorities to effectively oversee the use of AI in the UK construction industry. This will enable the HSE to collect data related to AI processes and carry out technical, empirical, and governance audits. The provision of sufficient resources and the empowerment of the HSE within the context of the construction industry are critical factors that must be taken into consideration to ensure effective oversight of AI implementation.

Bibliometric Overview of ChatGPT: New Perspectives in Social Sciences

This study delves into a bibliometric analysis of ChatGPT, an AI tool adept at analysing and generating text, highlighting its influence in the realm of social sciences. By harnessing data from the Scopus database, a total of 814 relevant publications were selected and scrutinised through VOSviewer, focusing on elements such as co-citations, keywords and international collaborations. The objective is to unearth prevailing trends and knowledge gaps in scholarly discourse regarding ChatGPT’s application in social sciences. Concentrating on articles from the year 2023, this analysis underscores the rapid evolution of this research domain, reflecting the ongoing digital transformation of society. This study presents a broad thematic picture of the analysed works, indicating a diversity of perspectives—from ethical and technological to sociological—regarding the implementation of ChatGPT in the fields of social sciences. This reveals an interest in various aspects of using ChatGPT, which may suggest a certain openness of the educational sector to adopting new technologies in the teaching process. These observations make a contribution to the field of social sciences, suggesting potential directions for future research, policy or practice, especially in less represented areas such as the socio-legal implications of AI, advocating for a multidisciplinary approach.

The use ‘consent apps’ in sexual encounters and their socio-legal implications: Why we need to know more

Sexual engagement is increasingly mediated by dating applications or ‘apps’. Amongst the growing number of dating apps available are those downloaded to record and store a person’s purported consent to participate in sexual activity. These are commonly known as ‘consent apps’. Ostensibly, ‘consent apps’ are an innovative way to capture the consent of all parties. Yet, they entail a significant risk, largely due to the way they oversimplify consent as a single one-off agreement before a sexual encounter, rather than sexual consent as an agreement that is ongoing and can be withdrawn at any point during a sexual encounter. In terms of their implications in sexual assault proceedings, evidence via consent app data of agreement to sex could potentially be used in ways that are prejudicial to the victim. This conceptual article identifies this topic as an emerging theme in criminology and proposes a pressing need for research to better understand the use of consent apps and their implications.

Culturally Diverse Parenting: Deconstructing Attachment Theory

Purpose: The purpose of this article was to explore the general principles of attachment theory in the context of culturally diverse parenting practices, analyze its systemic impact on culturally diverse families, and describe its implications to the field of speech-language pathology. Method: Attachment theory emphasizes the general principles of proximity, safety, and secure base. These values are known to promote healthy parent–child relationships that influence long-term developmental outcomes. However, systems based on attachment theory, which are premised in Eurocentric parenting practices, may often misinterpret or overlook culturally diverse parenting styles. Such misunderstandings can have serious socio-legal implications on families from culturally diverse backgrounds and can lead to paradigmatic influences in clinical contexts relating to communication development. Conclusions: A cultural basis for attachment questions the fixed notions of attachment theory and emphasizes the need for alternative frameworks to understand parental sensitivity, secure base, and proximity. As attachment theory has influenced norms and expectations in parent–child communication development, speech-language pathologists (SLPs) will benefit from recognizing this bias and its influence on culturally and linguistically diverse families. Understanding socially diverse parenting styles can provide SLPs with meaningful information on the importance of cultural variability in parent–child attachment, so that clinical assessment and intervention practices incorporate culturally responsive parenting frameworks.

Longitudinal trends in meconium drug detection in 46 US states between the years 2015-2020.

Maternal drug use during pregnancy has significant health and socio-legal implications. The Substance Abuse and Mental Health Services Administration (SAMHSA) publishes self-reported rates of drug use during pregnancy; however, comprehensive long-term laboratory data on neonatal drug exposure are lacking. Over 175,000 meconium specimens originating from 46 US states were analyzed at ARUP laboratories between the years 2015 and 2020. A retrospective investigation of drug positivity rates, multidrug detection, and median drug concentrations was conducted for 28 compounds in 6 drug classes. The overall meconium drug positivity rate was lowest in 2015 (47.3%), which increased over six years, reaching a peak in 2020 (53.4%). 11-Nor-9-carboxy-Tetrahydrocannabinol (THC-COOH) was the most frequently detected compound across all six years. The second most frequently detected analyte was morphine in 2015-2016 and amphetamines in 2017-2020. THC-COOH positivity rate rose from 29.7% in 2015 to 38.2% in 2020. The positivity rates for stimulants also increased in the range of 0.4-2.9% in 2020 compared to 2015. Conversely, opioid positivity rates declined in the range of 1.6-2.3% in 2020 as compared to 2015. The most common two-drug combination was THC-COOH¯opioids (2.4%) in 2015-2016, which was replaced by THC-COOH‒amphetam‒ines (2.6%) in 2017-2020. The most common three-drug combination was THC-COOH¯opioids¯amphetamines throughout all six years. Neonatal drug exposure positivity rates have increased over the past six years based on retrospective data analysis from the patient population submitted for testing at ARUP Laboratories.

Religious Responses to Covid-19 in England: An Analysis of the Key Socio-Legal Themes

Religious responses to Covid-19 raised several far-reaching questions with a number of socio-legal implications. How does the historical tension between science, politics and religion manifest itself in global pandemics? What ethical and human rights issues are at play as a health crisis unfolds, and what is the role of the media in mitigating such issues? Finally, how significant is the pastoral role which is thrust upon religious leaders in times of crisis, and how should this role be understood in the materialistic and secular modern era? This article addresses such questions within the specific context of England. It builds upon previous research by the author on the responses of the British Muslim community to the Covid-19 pandemic, by expanding the analysis to explore the broader socio-legal themes that emerged within religious responses to Covid-19 in England.

Uniform civil code in India: An in-depth analysis of its socio-legal implications

Uniform civil code in India: An in-depth analysis of its socio-legal implications

Ethical, Translational, and Legal Issues Surrounding the Novel Adoption of Ectogestative Technologies.

Increasing numbers of research teams are investigating the feasibility of developing artificial amnion and placenta technology (AAPT), commonly referred to as "artificial womb technology". This technology, aimed at supporting ex vivo gestation, has not yet been tested in humans, but it has been stated that we are closer to clinical application than ever before as breakthroughs in animal studies demonstrate good proof of principle. With these proof-of-concept models, further dissemination of AAPT as a research modality is expected. In this review article, we consider the ethical implications of the most imminent anticipated applications for AAPT. We focus specifically on the specific ethical complications regarding the improvements this technology may offer to conventional neonatal intensive care, its potential utility in facilitating prenatal interventions, and some of the broader socio-legal implications such as the debates about abortion access and reproductive and gestational choices. We discuss translational and societal questions when it comes to designing and developing this technology, like commitments to value-sensitive design, along with an examination of the legal and moral status of the entity gestating ex utero, which will be relevant for how it ought to be treated in the context of these various applications. From these perspectives, this review identifies the ethical questions that we believe to be most pressing in the development and potential introduction of AAPT, with due attention to their manifestation as translational and legal issues.

Fenomenologi Pemilihan Kepala Desa Menggunakan Elektronik Voting

The purpose of this paper is a legal study related to the phenoenology of holding village head elections using electronic voting in Boyolali Regency. The method used in this study is a socio-legal research approach sourced from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis methods. The results of the study provide answers to the legal study of the implementation of the village head election using electronic voting in Boyolali Regency are: MK Decision No. 147 / PUU-VII / 2009, Article 32 permendagri No. 112 Th. 2014 concerning village head elections, Article 20 boyolali district bylaws no. 11 th. 20016 concerning procedures for elections, appointment and dismissal of village heads, Boyolali Perbup No. 55 Th. 2012 concerning procedures for the implementation of village head elections. The use of e-voting in village head elections in Boyolali District will not work well if the stages do not go well. The socialization that is the basis of the socio-legal implications related to the use of new methods in this election has also been intensified. Based on the above, the key to the success and effectiveness of a Village Head election is the electoral process.

Developments in Nursing Practice to Address Substance Use in the Perinatal Period

Since 1972, the year of the inaugural issue of Journal of Obstetric, Gynecologic, & Neonatal Nursing, substance use during pregnancy has remained a public health concern in the United States. This concern is currently exacerbated by factors such as the opioid and stimulant use crisis and widening health and social inequities for many women and families. The purposes of this historical commentary are to describe trends in the perception of women with substance use disorder and their infants and related sociolegal implications and to trace the evolution of related nursing practice and research during the past 50 years. We provide recommendations and priorities for practice and research, including further integration of support for the mother–infant dyad, cross-sectoral collaborations, and equity-oriented practices and policies.

Effective and Trustworthy Implementation of AI Soft Law Governance

This special issue (in cooperation with the <italic xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">IEEE Technology and Society Magazine</i> , December 2021) is dedicated to examining the governance of artificial intelligence (AI) through soft law. This kind of law is considered “soft” as opposed to “hard” because it comes in the form of governance programs whose goal is to create substantive expectations that are not directly enforceable by government <xref ref-type="bibr" rid="ref1" xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">[1]</xref> , <xref ref-type="bibr" rid="ref2" xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">[2]</xref> . Soft law materializes out of necessity to enable a technological innovation to thrive and not be hampered by disparate heterogeneous practices that may negatively impact its trajectory, causing a premature “valley of death” exit scenario <xref ref-type="bibr" rid="ref3" xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">[3]</xref> . Soft laws are meant to be “just in time” to grant industry fundamental guidance when dealing with complex socio-technical assemblages that may have significant socio-legal implications upon diffusion into the market. Anticipatory governance is closely connected with soft law, in that intended and unintended consequences of a new technology may well be anticipated and proactively addressed <xref ref-type="bibr" rid="ref4" xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">[4]</xref> .

Socio-legal implications of Muslim–Christian conjugal relations in contemporary Zongo communities in Accra

Socio-legal implications of Muslim–Christian conjugal relations in contemporary Zongo communities in Accra

From computational indicators to law into technologies: the Internet of Things, data analytics and encoding in COVID-19 contact-tracing apps

AbstractThis paper investigates the data life-cycle of contact-tracing apps (CTAs) in the context of the COVID-19 pandemic. It highlights the socio-legal implications resulting from the design and technology choices that software developers inevitably make. These choices are often neglected by policy-makers due to the inherent technical complexity of algorithmic decision systems and to certain naive belief in technological solutionism. In particular, this paper shows, first, that technology-harvested data do not reflect an objective representation of reality, and therefore require a context within which to be understood and interpreted for policy and legal purposes; and, second, that the use of data analytics to extract insights from these data enables the production of computational indicators. By looking at how CTAs are used to implement pandemic-mitigation restrictions such as lockdowns, quarantines, social distancing and testing, the paper ultimately brings forth the ways in which technologies – and thus their bias and ways of framing social reality – become embedded in the law.

Law Development by the International Criminal Court as a Way to Enhance the Protection of Minorities - The Case for Intersectional Consideration of Mass Atrocities

Mass atrocities almost invariably involve the targeting of racial, ethnic, religious and/or political groups. Other groups, such as homosexuals, have also been vulnerable to targeted destruction. Both experience and international case law demonstrate that atrocity crimes have mostly been inflicted on minorities within minorities. With individuals being targeted on several personal grounds or due to overlapping identities (for example, women and girls belonging to ethnic or religious minorities) there is a strong case for both scholarship and international criminal judiciary to develop an expertise on intersectional discrimination in the context of international crimes that implicate discriminatory intent of a perpetrator. Yet, the International Criminal Court (ICC or Court) has tended to consider atrocities motivated by discrimination on isolated discriminatory grounds and independently from each other. As a prescriptive contribution, the present article challenges this trend by arguing that in more complex criminal cases the protected characteristics need to be considered together with, and not separately from, one another, in order to capture the multi-faceted experiences of mass abuses. Underlying the treatment of the subject matter are thus two basic questions: first, given a full respect for the principle of legality (nullum crimen sine lege), what are the possible avenues for international criminal adjudication to recognize intersectionality so as to overcome conceptual flaws and limitations of single-issue analysis of discrimination in cases involving core international crimes against minorities? For example, can Article 21(3) of the Rome Statute on the interpretation and application of substantive international criminal law in light of international human rights standards serve as a viable tool for the Court to evolve its jurisprudence on this particular issue? Second, how and to what extent should the Court take intersectionality into consideration in the formulation of charges; identification and interpretation of applicable law; determination of criminal sentence; ordering adequate remedies (reparations) for victims; and in considering such aspects as the gravity assessment, or the contextualisation of crimes? Answering these questions, the article shows that by applying, interpreting and, when need be, developing international criminal law in a way that utilizes intersectionality the ICC can make in these areas important jurisprudential contributions with far-reaching socio-legal implications.

Law Development by the International Criminal Court as a Way to Enhance the Protection of Minorities—the Case for Intersectional Consideration of Mass Atrocities

Abstract Mass atrocities almost invariably involve the targeting of racial, ethnic, religious and/or political groups. Other groups, such as homosexuals, have also been vulnerable to targeted destruction. Both experience and international case law demonstrate that atrocity crimes have mostly been inflicted on minorities within minorities. With individuals being targeted on several personal grounds or due to overlapping identities (for example, women and girls belonging to ethnic or religious minorities) there is a strong case for both scholarship and international criminal judiciary to develop an expertise on intersectional discrimination in the context of international crimes that implicate discriminatory intent of a perpetrator. Yet, the International Criminal Court (ICC or Court) has tended to consider atrocities motivated by discrimination on isolated discriminatory grounds and independently from each other. As a prescriptive contribution, the present article challenges this trend by arguing that in more complex criminal cases the protected characteristics need to be considered together with, and not separately from, one another, in order to capture the multi-faceted experiences of mass abuses. Underlying the treatment of the subject matter are thus two basic questions: first, given a full respect for the principle of legality (nullum crimen sine lege), what are the possible avenues for international criminal adjudication to recognize intersectionality so as to overcome conceptual flaws and limitations of single-issue analysis of discrimination in cases involving core international crimes against minorities? For example, can Article 21(3) of the Rome Statute on the interpretation and application of substantive international criminal law in light of international human rights standards serve as a viable tool for the Court to evolve its jurisprudence on this particular issue? Second, how and to what extent should the Court take intersectionality into consideration in the formulation of charges; identification and interpretation of applicable law; determination of criminal sentence; ordering adequate remedies (reparations) for victims; and in considering such aspects as the gravity assessment, or the contextualisation of crimes? Answering these questions, the article shows that by applying, interpreting and, when need be, developing international criminal law in a way that utilizes intersectionality the ICC can make in these areas important jurisprudential contributions with far-reaching socio-legal implications.

The Privacy Implications of Using Data Technologies in a Pandemic

The COVID -19 pandemic has seen a rise in the deployment of digital health technologies. This includes those aimed at identifying the infected and making sure they did not spread the infection any further as well as other technologies providing data driven insights aimed at improving the effectiveness of decisions such as locking down certain areas and allowing others to re-open. This paper attempts to evaluate the socio-legal implications of the use of these technologies with a particular focus on privacy. It does that by examining a range of data technologies that were deployed during the pandemic with a view to assess the socio-legal implications of their use. It analyses the technologies themselves, the data collected, the manner in which it was intended to be used and the safeguards if any built into these technologies. Based on this analysis we will attempt to evaluate the privacy implications of these technologies. Never before have data technologies been used in this manner at the frontlines of our battle against a virulent disease. As a result there are no precedents that directly address what does or does not constitute a violation of personal privacy. Notwithstanding that, the paper attempts to arrive at a conclusion as to the legitimacy of the use of these technologies and the safeguards that would be appropriate under the circumstances.

Assisted Reproductive Technology (ART) within the Family Law Dynamics: Imperatives for a Legal Framework

An indispensable panacea to a glowing flame of matrimonial love among couples is the issue of child bearing. In Africa, incidents of fertility and parenthood are highly valued with procreation usually considered the most important purpose of marriage. Sometimes, this expectation may not be achieved as a result of several factors, but, predominantly, it results from infertility which has been viewed as a major source of worry and concern in public health. In an attempt to address this worrisome problem among couples, Assisted Reproductive Technology (ART) has been invented and this has reportedly found to be a commendable antidote to infertility. Although, it was developed in the western countries, many Africans have embraced the practice. Thus, this paper undertook an examination of all relevant statutory provisions regulating matrimonial causes and related matters in addition to case laws and relevant literature on the subject in Nigeria. It was found that the evolution of ART has presented multitudinous ethical, legal, and social challenges as a result of absence of legal regulations and amongst other things to guide its operation in the country. In addition, government involvement in the regulation and monitoring of the practice is non-existing. Therefore, this paper examined socio-legal implications of ART’s practice in Nigeria and its probable challenges. Besides, it considered a framework for legal regulation of the practice with a view to isolating the practice from susceptible abuses. In the overall, suggestions put forward in this paper are capable of affording both the policy makers and the legislature the wherewithal for evolving legal regulations. The study concluded that the practice as it stands currently is susceptible to abuses which are likely to undermine its objective.