Statutory Rules Research Articles

Regulating the Acceptance of Witnesses in Corruption Cases within the Protection Program in the Saudi Law and its Obligations

In light of the development of the means of corruption crimes and the diversity of their methods including the use of modern technology in these crimes, and based on the growing idea of everyone's responsibility to address this crime and their right to do so, considering that the cooperation between members of society and the relevant state institutions is one of the most important ways to confront and address this crime, and since there is a potential threat to those who address reporting or witnessing the commission of these crimes, the Saudi Arabia has issued a new law for the protection of whistleblowers, witnesses, experts and victims, issued by Royal Decree No. (M/148) dated 8/8/1445 AH, which clarifies the mechanism for protecting whistleblowers, witnesses, experts and victims, and how they are subjected to the protection program, their responsibilities, and the forms of protection provided to them. In view of the vital role played by the witness in detecting and combating corruption crimes, and the emergence of a new law in the Kingdom that sets statutory rules for the protection of witnesses, this research aimed to answer a key question, what are the mechanisms for regulating the acceptance of witnesses in corruption cases within the protection program in the Saudi law and what are its obligations? This will be done using the descriptive and analytical research methodology, by studying the legal regulation of the admission of the witness to the witness protection program, and his obligations. The study reached several results, the most important of which are: the development of the Saudi regulation in corruption cases and the application of the necessary guarantees to ensure the protection of human rights, and highlighting the methods of its inclusion within the witness protection program in corruption cases and the limits of the witness's obligations, in the event when requesting for protection is approved.

MODERNISING PAKISTAN’S SHIPPING REGULATIONS AND TRADE FACILITATION AUTHORITIES UNDER CONVENTION ON THE FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965

A developing maritime economy like Pakistan can greatly benefit from the comprehensive framework of standards, guidelines, and recommended practices provided by the modern and comprehensive provisions of the Convention on the Facilitation of International Maritime Traffic 1965 (FALC). This study’s objective is to analyse the FALC’s legal provisions and Pakistan's domestic maritime law in relation to ship and port juncture activities in order to make recommendations for updating the country's current statutory rules and regulations in line with international standards, conventions and practices. According to the study, the FALC has significantly facilitated international maritime traffic through the harmonisation and standardisation of its port and shipping procedures. Following the FALC's and the facilitation committee's approved guidelines will improve Pakistan's overall competitive standing as an emerging regional shipping hub, especially under the long term plan for China Pakistan Economic Corridor. Furthermore, it will also allow Pakistan to sustainably transform into a significant maritime transit trade centre in the Western Indian Ocean Region.

Academic Freedom and Patterns of Self-Censorship in Psychology Education in Turkey

Background The recent academic purge in Turkey eventuated by a twin wave starting in January 2016 was unprecedented. Two years of statutory rule after the July 2016 failed coup further damaged the rule of law. Even the legal authorities did not respect fundamental human rights. Psychology faculty had to keep a low profile to avoid further encroachments. Objective The purpose of this study was to assess the extent to which psychology faculty discerned research and teaching-bound sociopolitical risks and exercised mitigation strategies. Method Sixty-three faculty responded to a questionnaire assessing risk appraisals and mitigation appeals countering threats to their research and teaching. Results Faculty remained inactive against high-risk appraisal in research and appealed to avoidance or vagueness when their risk appraisals were moderate. By contrast, avoidance was the primary strategy, compared to vagueness or inaction, in risk-bearing teaching. Conclusion Faculty try to cope with the adverse negative intellectual climate by being highly selective in their research and teaching. They appeal to differential strategies in either domain. Teaching Implications Research in risk apprehension and mitigation along with studies highlighting shared experiences may inform psychology departments on how to proceed under antagonistic circumstances.

TINJAUAN YURIDIS ORGANISASI SAYAP PARTAI POLITIK LOKAL DI ACEH

The existence of local political party wing organisations in Aceh has not yet received legal legitimacy. This creates legal uncertainty and injustice for local political parties in balancing national political parties so that special rules regarding local political party wing organisations must receive attention from the government. Further review through normative juridical studies by analysing aspects of legal certainty of the rights of local political parties in Aceh in the formation of party wing organisations and their driving factors. The formation of local political party wing organisations in Aceh in terms of statutory rules there is a legal vacuum, namely a situation where there are things that have not been regulated by law. This is in accordance with the adage het recht hink achter de feiten aan, i.e. the law always lags behind reality. Of course, this results in the absence of legal certainty for local political parties regarding the right to establish local political party wing organisations. The driving factor in the formation of local political party wing organisations in Aceh is the urgent need for local political parties to balance national political parties in facing unequal or unbalanced conditions in terms of external support in the form of political machines outside the party.

The Development of Recognition and Protection of the Customary Rights of Indigenous Peoples in Indonesia

indigenous people of Indonesia occasionally experience changes to their customary rights. The Dutch East Indies government has had exclusive jurisdiction over the communities with customary law since the time of Dutch colonial rule. Following Indonesia’s independence, Agrarian development saw quite radical transformations, including the establishment of ulayat rights for communities governed by customary law. A groundbreaking law, known as Law No. 5 of 1960 addressing Basic Agrarian Regulations, was created in 1960. Ulayat rights are acknowledged for existing and being put into practice. This essay examines Indonesia’s legal community’ growing acceptance of customary rights. This kind of research refers to the norms found in statutory rules and is normative in nature because it is based on primary and secondary legal materials. The study’s findings demonstrate that for communities governed by customary law or indigenous peoples who have lost their traditional territory, recognition does not always ensure justice. The defense of their customary rights cannot be made based on government rules and legislation.
 Keywords: recognition, protection, indigenous people, Indonesia

Implications of Low Women's Representation: Strategies and Challenges Towards Gender Equality in Indonesian Politics

In Indonesia, pervasive discrimination against women prompts this legal research to scrutinize the significance of women's presence in parliament. Cultural and structural barriers fuel gender inequality, rooted in patriarchal norms and religious doctrine. Laws restricting women to domestic roles and regional regulations further compound these challenges. Employing a multifaceted approach—analyzing statutory rules, exploring expert opinions, and studying relevant cases—the research focuses on women's representation in parliament. Cultural biases and structural discrimination are addressed, calling for a comprehensive strategy involving legal amendments, societal paradigm shifts, and political party reform. Gender quotas, such as affirmative action, are proposed to boost women's political participation. Success relies on sincere commitment from political entities and society, aiming for a democratic, inclusive Indonesia free from gender discrimination. This approach seeks to create a space for diverse citizen needs, embodying principles of democracy and equality.

Social and solidarity economy in the cultural field: governance as a transforming lever? A comparison between three French organizations

PurposeThis paper aims to analyze the “crafts” of governance within social and solidarity economy (SSE) cultural organizations, considering formal and informal rules, to support their project of democratization of arts and culture and more generally of cultural democracy. The hypothesis is that it is through participatory and democratic governance that SSE can have a transformative role.Design/methodology/approachThis paper builds upon a qualitative, multiple case study of three SSE organizations in the performing arts and audiovisual production in France. Although different in age, size and legal form, they all experiment a more participative governance system, not without tensions, to face deep institutional changes in their environment.FindingsThe results show that legal forms from the SSE are necessary safeguards but not sufficient to effectively implement a democratic governance beyond the “one member, one vote” principle. Democratic governance is supported by both formal and informal rules. By experimenting with innovative participative and democratic governance rules, these organizations contribute to the transformation of practices in the cultural field (democratization of art and culture) but also in society at large by fostering cultural democracy.Research limitations/implicationsBuilding upon three case studies, this exploratory work stresses important issues that are worth to explore on a larger scale to understand by which levers SSE can play a transformative role in the cultural field.Originality/valueThis paper contributes to the literature on SSE and on governance by enlarging the analysis beyond the board of directors and the statutory rules. Applying the approach of collective action and reasonable values developed by Commons to SSE, it shows that participatory governance cannot be based on an ideal or a choice of preestablished values and principles but must leave room for creativity and representations of stakeholders not only to support transformation of practices within the cultural field but also externally by increasing cultural democracy.

Pertanggungjawaban Hukum terhadap Kecelakaan Kapal dalam Perspektif Teori Hukum

The purpose of this study is to analyze and describe the responsibility of insurance parties for ship accidents at sea that provide legal certainty and justice; and to analyze and describe the legal protection and legal certainty provided by the insurance against ships2 that have accidents at sea. The type of research used is normative juridical Doctrinal legal research which is conceptualized as statutory rules, and doctrinal legal research which is conceptualized based on judges' decisions. Because normative legal research examines literature and library materials, there are also those who classify normative legal research as literature research. Insurance liability for ship accidents at sea is very important to provide legal certainty and justice for all parties involved. This requires legal certainty so that all parties know their respective rights and obligations, and justice to ensure that all parties get fair treatment according to the losses they have suffered. To protect the rights and interests of each party, the insurance provides legal protection and legal certainty for ships that have accidents at sea. With legal protection and certainty, the problems of the parties involved in ship accidents will be easier to resolve fairly

IMPLEMENTATION OF ELECTRONIC LAND CERTIFICATES AS LEGAL LAND OWNERSHIP

With the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates, this is a new breakthrough from the government to protect the public and provide legal certainty regarding ownership of land rights. Due to the frequent occurrence of various land disputes which will ultimately be detrimental to society, such as falsification of land certificates, the existence of multiple land certificates or overlapping land certificates and the rise of the land mafia. The problem formulation for this research is how to implement the implementation of electronic land certificates as legal land ownership? and what about legal protection and certainty after the implementation of electronic land certificates? In practice, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning electronic certificates is relevant to be implemented today in line with the rapid development of science, technology and information. Legal certainty in the process of obtaining land rights is based on statutory rules and government regulations to prevent misuse of land rights, and can provide legal protection for land rights owners. This Ministerial Regulation aims to realize the modernization of land services in order to improve indicators of ease of doing business and public services to the community, thereby optimizing the use of information and communication technology by implementing electronic-based land services.

REGULATING USE BY LAW ENFORCEMENT AUTHORITIES OF LIVE FACIAL RECOGNITION TECHNOLOGY IN PUBLIC SPACES: AN INCREMENTAL APPROACH

AbstractAmid the growing calls for the complete prohibition of the use by law enforcement authorities of live facial recognition (LFR) technology in public spaces, this article advocates for an incremental approach to regulating the use of the technology. By analysing legislative instruments, judicial decisions, deployment practices of UK law enforcement authorities, various procedural and policy documents, as well as available safeguards, the article suggests incremental adjustments to the existing legal framework instead of sweeping regulatory change. The proposed approach calls for adopting national legal rules governing watch lists and introducing spatial, temporal and contextual limitations on the deployment of technology based on the assessment of proportionality and necessity. To enhance the effectiveness of overt surveillance using LFR, the article recommends adopting a transparency procedure that promotes accountability without undermining the objectives of law enforcement. Alternatively, the overt use of the technology should be limited to deterring the commission of crimes and safeguarding public safety, where transparency does not undermine its effectiveness. Limiting the scope of overt use of LFR technology entails that law enforcement agencies primarily utilise covert surveillance, with prior judicial approval, except in urgent cases, as this would improve effective criminal investigation and public safety. The legal adjustments proposed in this article can be implemented through flexible secondary legislation or local policies, rather than rigid statutory rules.

Navigating Regional Regulatory Changes in Indonesia: An In-Depth Analysis of Post-Amendment Implementation of Law Number 12 of 2011 on Legislation Formation

In the context of Indonesia as a State of Law, the imperative role of the rule of law cannot be overstated in realizing the state's objectives. The formulation of Legislative Regulations, essential for upholding the rule of law, necessitates meticulous consideration of three fundamental principles: benefit, justice, and legal clarity. To ensure the effectiveness of these regulations in aligning with the direction and goals of national legal development, the process adheres to key principles, encompassing the clarity of objectives, appropriate institutional involvement, congruence among types, hierarchy, and material content, practicability, clarity of formulation, and transparency. This procedural framework is consistently implemented in a sustainable, coordinated, and integrated manner. The legal landscape in Indonesia underwent significant transformations with the enactment of Law Number 11 of 2020 on Job Creation, introducing the omnibus law technique. However, the subsequent Constitutional Court Decision Number 91/PUU-XVIII/2020 provisionally deemed this law unconstitutional. Responding to this decision, Law Number 12 of 2011 underwent a substantial amendment through Law Number 13 of 2022, specifically addressing the omnibus approach and enhancing meaningful public participation in statutory rule creation. This legal revision significantly influences the development of legal instruments at the regional level. Consequently, an examination of the implementation of regional legal product formation becomes imperative post the amendment of Law Number 12 of 2011 on the Formation of Legislative Regulations.

Pengimplementasian Kebijakan Desentralisasi dan Otonomi Daerah Terhadap Hubungan Keuangan Daerah Pusat dan Daerah

The effects of decentralization and regional autonomy on Indonesia's federal-regional financial ties are the subject of this brief study. Patterns of financial interactions in the implementation of regional autonomy, changes to statutory rules, and the history of central and regional financial legislation are all part of the issue. The development of efficient financial systems requires substantial work, but regional autonomy also affords regions the chance to boost their own financial performance. The structure of central-regional financial connections may be affected by decentralization and regionalautonomy policies; how prepared institutions are, available human resources, financial management systems, and budget submission procedures are all crucial factors to consider. Implementing decentralization and regional autonomy policies in Indonesia is expected to have a good influence on financial ties between the center and regions if these aspects are carefully considered.

Law Enforcement in Criminal Cases Based on Restorative Justice by the Prosecutor's Office

The lack of law enforcement is trapped in legal certainty and procedural justice only in carrying out law enforcement powers, ignoring substantial justice, which is the basic goal of the law itself. The purpose of this research is to find out how law enforcement in criminal cases is based on restorative justice by the prosecutor's office. This research method uses the type of normative legal research defined as a research method on statutory rules. The nature of this research is descriptive because it describes systematically positive laws and principles or theories related to restorative justice. The results of this study show that the enforcement of criminal acts based on Restorative Justice by the prosecutor's office is carried out based on the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The public prosecutor can terminate the prosecution in the public interest.

Gender and Politics: A Descriptive and Comparative Analysis of the Statutes of Brazilian and Portuguese Political Parties

This paper presents a descriptive and comparative analysis of the statutes of Brazilian and Portuguese political parties regarding women’s political participation. The main objective was to evaluate if and in what way women are included in the statutory guidelines. By means of the document analysis technique, we analyzed the statutes of political parties represented in the Chamber of Deputies in the case of Brazil and the Assembly of the Republic in the case of Portugal. Our research hypothesis is that although the explanatory potential of party ideology has declined as political parties from different positions on the spectrum have started to adopt discourses in favor of women’s political participation, left-wing parties remain more inclusive in their texts. We could observe that in both countries, leftist parties remain the main encouragers of women’s political participation, at least in their statutory rules.

PROPORTIONALITY OF BIAS-MOTIVATION AND HATE CRIME: AN OVERVIEW OF HATE CRIME LAWS

This article's overall research objective will be to critically analyze the foundational theory of hate crimes. The research question asks to what extent hate crimes are grounded in a foundational commonplace style of elaboration of statutory rules, as propounded by Nicolaus the Sophist, on the bases of the so-called ‘final headings’. The argument seeks to sustain the view that the so-called hate crimes are cognate to final headings elaborations in order to ground commonplace judicial denunciation. The research paradigm identifies underlying norms; therefore, the research methodology is doctrinal, establishing a legal narrative analysis.In extended synthesis, a statute might not proscribe fighting words of racial animus any more than those of hatred of the victim’s family. Regulation of the words’ subject inferred elaboration by the heading of the just and the appropriate. The enigma of the ‘something more’ criterion is ostensibly an elaboration of the possible and the beneficial. Hate crime laws apply to conduct motivated by hate, instead of hate speech. Hate suggests a consequential vitiation of reputation, so that hate crime laws are impliedly elaborated based on the final heading of the appropriate. Online symbolic rhetoric is arguably the enigmatic ‘something more’ and elaborated by the final headings of the possible and the beneficial. Hate crime laws require extraordinary police inquiries into offenders' motives. This conflation of duty and avoiding turning a blind eye implies final headings elaboration by the appropriate and the just. A measurement of victim vulnerability by association with a suffering group is the primary indicium of commonplace, elaborated by the final heading of the beneficial. The key to a hate crimes prosecution for social media actions would be hostility as a vicious error, as already elaborated as being equivalent to hatred, susceptible to elaboration by the final heading of appropriateness.

Principles of access to financial resources of the Three Seas Initiative countries

According to the adopted title, the subject of considerations is to indicate the statutory rules regarding the acquisition of financial resources by the countries included in the area of Three Seas Initiative (TSI). Due to the adopted topic, the axiology of the Three Seas Initiative term will be clarified showing the genesis of its origin.More importantly, the article will provide information on the financing principles of projects implemented by the TSI countries. In this regard, issues related to the acquisition of EU funds will be discussed first, and then the possibility of obtaining funds from other alternative sources. The article will be provided with an observation regarding the possibilities and needs of own, dedicated financing of the TSI countries.

Rechtsvacuum in Execution of Administrative Sanctions and Forced Penalty Decisions and Implications of Settlement Personnel Disputes

The problem that occurs next is that not many TUN Courts have handed down dwangsom in decisions to strengthen the executable decision, as a result of implementing regulations for coercive measures that are not yet available.Under Government Regulation (PP) Number 43 of 1991 concerning Compensation and Processes for its Implementation in the State Administrative Court, Article 117 of Law No. 51 of 2009 is implemented by the regulation specified in that regulation. The two main rules of the PP are compensation and compensation. Because forced money (dwangsom) is distinct from compensation or compensation, from a legal standpoint, the PP still does not take into account the laws on forced money techniques. The term "legal vacuum" (rechtsvacuum) refers to a situation where some things have not been covered by positive legislation, given that the law itself cannot address all facets of life that are constantly evolving.The methodology taken in this text is juridical-normative, or based on legal material and looking at concepts, theories, legal principles, and statutory rules. The study's findings indicate that there are varying and mutually counterproductive norms regarding the quantity of forced money to be paid, the kinds of administrative sanctions to be applied, and the methods for carrying them out, along with transfers of positions and the filling of the Plaintiff's positions by other people, all of which delay the administration of justice.

THE OPINION OF JAMAAH TABLIGH ABOUT MARRIAGE AGE BY UNDANG-UNDANG NUMBER 16 OF 2019 (A Case Study of the Jamaah Tabligh in Deli Serdang District)

This study aims to answer how the opinions and practices of the Jamaah Tabligh in Deli Serdang district about the age of marriage by making Undang-Undang Number 16 of 2019 as the basis for the analysis. This study uses empirical juridical research, and data collection techniques in this study are observation, interviews, and document studies. This study found that there are opinions and practices of the Jamaah Tabligh community in Deli Serdang district in marrying off their children may be done when they reach puberty. The background factor is to avoid adultery and promiscuity. Meanwhile, the minimum age for marriage regulated in the Undang-Undang Number 16 of 2019 for men and women as stipulated in Undang-Undang Number 16 of 2019 concerning amendments to Undang-Undang Number 1 of 1974 concerning Marriage. According to the opinions of the Jamaah Tabligh in Deli Serdang district Stick rules regarding the minimum age limit for marriage stipulated in the law are a form of recommendation, so there is no problem with not following the statutory rules regarding the minimum age limit for marriage when marrying off their children for good purposes.

Court of Justice of the European Union and General Court: Binding effect and relationship with the precedent vertical

The precedent vertical through the analysis of the delimitation of the binding effect of the precedent of the Court of Justice of the European Union (CJEU) towards the Tribunal is the key theme of analysis of this research. A definition of the precedent vertical is sought in common law traditions, as well as the obligation of a judge to abide by the CJEU decision already formulated. The hierarchical relationship through the CJEU and the General Court (GC) but also of the relative jurisprudence are also further points of analysis of this work. The statutory rules require the GC to comply with the decisions taken by the CJEU as well as the occasions in which the GC has shown to comply with the provisions of the CJEU, in the absence of a legal obligation and in an attempt to outline the possible existence of a clear and precise doctrine of the preceding vertical in the order of the European Union.

How History can Inform Corporate Responsibility: The Statutory Rule of Profit Allocation

How History can Inform Corporate Responsibility: The Statutory Rule of Profit Allocation