Law System Research Articles

Main trends in the development of financial law as a public law branch

The article analyzes the tendency to expand the subject of financial and legal regulation in modern conditions, which is due to objective reasons, which, in particular, include the increase and complication of relationships between subjects, informatization of the financial sector, all areas of financial activity, the emergence of new types of social relations, which objectively need to be regulated by financial law and which include the formation of decentralized non-state monetary funds, but intended to ensure public interests. The emergence of new groups of relations in areas not previously regulated by financial law, in particular in the financial market, which in modern conditions are also becoming the subject of public law, including financial, regulation. The changes taking place are also associated with new characteristics of the method of financial law. Emerging new financial relations are objectively included in the functioning of the financial system of society, which in turn influences the construction of the system of financial law, its complication, characterized by the emergence of not only new institutions, but also sub-sectors of financial law.

Kajian Yuridis Kedudukan Pengemudi Ojek Online dalam Sistem Hukum Ketenagakerjaan di Indonesia

The presence of online motorcycle taxis has had a significant impact in reducing unemployment in Indonesia. More than 4 (four) million people in Indonesia work as online motorcycle taxi drivers. This research uses a normative juridical approach and uses qualitative analysis techniques which are then explained and analyzed using descriptive analytical methods. This research aims to analyze the legal position of online motorcycle taxi drivers with online motorcycle taxi application service providers. The research results show that the legal position between online motorcycle taxi drivers and online motorcycle taxi application service providers is not part of the Employment Law system in Indonesia and is not subject to Law No. 13 of 2003 concerning Employment jo. Law number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. The author suggests that the Government make special regulations that regulate the legal position of Online Motorbike Taxi Drivers in the Employment Law System in Indonesia.

Financial Sovereignty in the Doctrine of Financial Law of Pre-Revolutionary and Soviet Periods: A Historical and Legal Study

The paper is devoted to the study of the works of leading pre-revolutionary and Soviet period researchers representing the science of financial law in relation to issues related to financial sovereignty. The work analyzes textbooks on financial law written by E. N. Berendts, S. I. Ilovaisky, V. A. Lebedev, D. M. Lvov, I. I. Patlaevsky, I. I. Yanzhul, V. G. Yarotsky, M. A. Gurvich, G. S. Gurevich, S. A. Kotlyarevsky and E. A. Rovinsky. It is noted that at an early stage of development (the end of the 19th — beginning of the 20th century), the science of financial law had not yet formed a unified idea not only about financial sovereignty, but also about the content and system of financial law as a science. At the same time, the authors of this period paid special attention to the problems of financial supremacy (the law of supreme power in the field of public economy). At the initial stage of the formation of Soviet power, researchers do not focus on studying the essence of financial sovereignty. Later, the Soviet authors proceeded from the position based on constitutional provisions, according to which it was the Union republics that possessed sovereignty manifested in the recognition of the fullness of their power on their territory and the right to independently carry out financial activities. It is concluded that granting the status of a sovereign State to individual Union republics, also in the field of financial activity, is inconsistent with the essence of sovereignty and the essence of the federation as a form of government. In the federation, the bearer of sovereignty can only be of the federal level of government common to the whole country.

The Dutch Preliminary Ruling Procedure in the Light of the European Directive on Representative Actions

Abstract Dutch civil law allows courts of first and second instance to refer preliminary questions to the Supreme Court. In mass claim disputes there may be a concurrence between the safeguards of the preliminary ruling procedure and the protection provided by Directive 2020/1828 on representative actions for the protection of the collective interests of consumers. This working paper addresses several issues regarding this concurrence. These include legal certainty, the influence of non-parties, the costs and the duration. The authors come to the conclusion that the preliminary ruling procedure can be very useful in mass claim disputes, albeit that both the lower courts and the Supreme Court need to align their practice more closely with the safeguards of the Directive on a number of points. These findings may be relevant for other European jurisdictions that recently introduced a preliminary ruling procedure, or that are about to insert a preliminary ruling procedure in their civil procedural law system.

Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia

The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community.

The Dilemmas and Solutions in the Application of Criminal Law to Property Crimes in the Age of Artificial Intelligence

With the rapid development of Artificial Intelligence (AI) technology, the forms and methods of property crimes have undergone significant changes. AI has not only enhanced the capabilities of criminals but also increased the concealment and complexity of criminal activities. These changes pose new challenges to the existing criminal law system. This paper explores the main characteristics of property crimes in the AI era, analyzes the dilemmas encountered in the application of criminal law, including legal lag, difficulties in evidence collection, and technological barriers. In response to these dilemmas, the paper proposes corresponding countermeasures, including improving the legal system, innovating legislation, enhancing technical support, and promoting international cooperation. By analyzing these issues and solutions, this paper aims to provide useful references and suggestions for the application of criminal law to property crimes in the age of AI.

형사실체법에서 법익개념과 피해자의 지위 - 해악의 원칙: 형사입법의 제한에 피해자는 기여하는가?

The principle that there is no crime without legal interest to protect serves to set the limits of criminal legislation. In such a theory centered on the legal interest, it is not known what function the victim performs in the criminal law. However, in the criminal law regulations protecting individuals, the victim's traces appear in that the person attributing legal interests is the victim, and it is not an active marker of the criminal law. Here is looked at whether the areas that are difficult to solve with the theory of legal interest can be supplemented with the principles of common law system. The “Harm to Others Principle,” which the state sees as the most legitimate purpose of restricting individual freedom to prevent acts of harm to others, presupposes the existence of the victim. Next, Offense theory is a theory that the state's penal intervention becomes possible when the infringement of an individual's special feelings is accepted as a serious infringement beyond the subjective tendency, unlike the moral or ethical violation as a common behavior of a community. While debating whether personal legal interests and ecological or functional- human-centered legal interests should interpret legal interests centered on human interests or expand them beyond that, it was confirmed that the principle of harm and its derivative principle could be solved simply but more clearly. If the principle of harm is accepted, the victim can be determined in any way and the criminal substance law can be restricted centered on the victim, because it can have the effect of limiting the area of crime through crimes of harming interests by determining the category of harm. On the other hand, it was also examined that while the existence of the victim may perform a systematic critical function of restricting criminal legislation on the one hand, there is a concern that excessive crime may be expanded by interpreting and expanding the existing criminal constituent requirements in interpretation centered on the victim. Of course, even if the principle of harm is accepted, judgment based on an individual's subjective emotion of pleasure or displeasure still cannot be a complete solution in that there is a concern of arbitrary interpretation. This paper would be liked to terminate without concluding what is reasonable. Instead, would like to replace the conclusion with the effect that it is necessary to rethink the basis of “what” criminal law should be legislated clearly.

The Optimization Path of China's International Commercial Arbitration Interim Measures System

China has now established a system of punitive damages, with the Civil Code as the main body, supplemented by other separate laws. This paper posits that the punitive compensation system addresses the shortcomings of the current private law system. With the blurring boundaries between public and private law, the punitive compensation system is more conducive to preventing social risks and providing comprehensive and adequate relief to the rights and interests of the infringed. The purpose of this paper is to analyse the historical origin and function of the punitive damages system, to summarize the process of its localised application in China, and then to analyse the status and existing problems in the application, and to put forward the improvement methods for the existing problems. The research value of this paper mainly includes two aspects: theoretically, it helps identify defects and deficiencies in the application of the punitive damages system; practically, it aids in reducing the judiciary's subjective arbitrariness.

The Current Application and Optimization Suggestions of the Punitive Damages System in China

China has now established a system of punitive damages, with the Civil Code as the main body, supplemented by other separate laws. This paper posits that the punitive compensation system addresses the shortcomings of the current private law system. With the blurring boundaries between public and private law, the punitive compensation system is more conducive to preventing social risks and providing comprehensive and adequate relief to the rights and interests of the infringed. The purpose of this paper is to analyse the historical origin and function of the punitive damages system, to summarize the process of its localised application in China, and then to analyse the status and existing problems in the application, and to put forward the improvement methods for the existing problems. The research value of this paper mainly includes two aspects: theoretically, it helps identify defects and deficiencies in the application of the punitive damages system; practically, it aids in reducing the judiciary's subjective arbitrariness.

Appointing of Judges According to the Islamic Fiqah, Romano-Germanic and Common Law Legal Systems

Among the most important factors that influence the freedom and independence of the judiciary is the method of recruiting and appointing judges and the methods appointing have been determined for them, and these methods are very different, but the understanding of these differences and the discovery of necessary reforms are very helpful in solving judicial corruption, which in the Islamic judicial system, qualified judges are usually appointed by the Caliph and sometimes appointed by the Caliph's representative. Also, in exceptional cases, they can be appointed by the senior judge, dominated person (rebellious Amir) and the infidel ruler, and their dismissal is also related to the Caliph, and the reason behind this is to preserve the independence of the judiciary and be free from any kind of pressure, coercion and illegitimate requests in their work and affairs, but in the in those law-system countries which are influenced by the common law, judges are usually appointed from among experienced lawyers. The position of a judge is considered a kind of reward because appointed person has done the job of a lawyer in the courts for a long time and has gained experience that is why they have this authority. But in Romano-Germanic law system, the judges are appointed from among the university students. The purpose of this applied and comparative study and writing is the selection and appointment of judges according to the Islamic jurisprudence, the system of selection and appointment of judges in the United States representing the Common Law, and the selection of judges in France representing the Romano-Germanic. This study and research use the bibliographic and descriptive method, where the freely appointment of judges by judicial in the law system of America and the method of appointment are the important discussions. In the federal system of the United States, according to the federal constitution, each state has special laws that accept and determine the general organization of forces and the conditions and methods of selecting judges based on their political and philosophical views. The judicial organization of one state will be different from the judicial organization of another state. Unlike the United States of America, judges in France are selected from among the students of high schools (universities). The difference is that the judges of the general courts are national Judiciary School students and judges of administrative courts are mainly selected and recruited from among senior expert students and also from general law students who have studied in the National Administrative school, and after theoretical and theoretical lessons, they complete their work-study stage in the French State Council, which then divides their employment with a large institution (Dewan of Accounts), which is led by the National Administrative Seminary. People with high marks in the exam are recruited to the French Council of State, who will then continue to work as judges in the courts.

Artificial Intelligence, Ethics and Speed Processing in the Law System

Artificial Intelligence, Ethics and Speed Processing in the Law System

Komparasi Sistem Pembuktian Hukum Acara Pidana Antara Indonesia Dengan Republik Rakyat Cina

Indonesia regulates its criminal proof system in the Indonesian Criminal Procedure Code, while China governs its proof system under the Criminal Procedure Law of the People's Republic of China. Although both Indonesia and China follow a Civil Law system, there are similarities and differences in their criminal proof systems. This study employs a normative legal research approach with a descriptive-analytical nature, utilizing secondary data analyzed qualitatively and drawing deductive conclusions. The research findings indicate that the similarity between the criminal proof systems of Indonesia and China lies in the presence of proof hearings during the trial process in both countries. The difference is found in the types of evidence admissible in court: Indonesia recognizes five types of evidence, whereas China acknowledges seven types.

Implementation Of Legal Protection For Women Victims Of Domestic Violence From A Human Rights Perspective

The Indonesian government signed a declaration on the Elimination of Violence Against Women (1993) in 2014. However, at a technical level, violence against women still often occurs due to Domestic Violence (KDRT) in Indonesia. The purpose of this writing is to understand the implementation of laws and the protection of women's human rights against domestic violence from the perspective of international law. The research results show that the entry of the public law system into the domestic realm, namely domestic life, is one of the new developments in the field of human rights, especially in Indonesia. Domestic Violence (KDRT) has become a common agenda in the last few decades. The facts show that domestic violence has quite a negative effect on women as victims. The research that has been carried out is normative legal research which is focused on norms and also legal objects as the main data, and a book consisting of rules, and the truth of the research that has been carried out. All forms of violence have violated human rights as regulated in Law No. 23 of 2004 concerning the elimination of domestic.

Tackling Labour Monopsony by Gig Platforms: The Anti-Monopoly Law as an Alternative Legal Approach to the Labour Law System in China

Abstract In the gig economy, workers could be subject to exploitative and coercive practices by platforms and their stringent labour algorithms. Since gig workers are not defined as typical employees, the Chinese labour law system fails to adequately protect gig workers. Furthermore, the limited scope of labour law protection is also another reason for the ineffectiveness of the Chinese labour law system. Even if gig workers can be identified as employees, the regulation of labour algorithms is uncovered by the existing labour laws. Additionally, collective bargaining rights of gig workers may help but as explained in Section 4, they are still immature and collective barging practices are likely to violate the Chinese Anti-Monopoly Law. This article claims that the enforcement of the Anti-Monopoly Law can be an alternative approach to protecting gig workers as the gig platforms may constitute a labour monopsony. Therefore, anti-trust enforcement can step in and punish exploitative and coercive practices harming gig workers. However, there are limitations of the Anti-Monopoly Law in dealing with these practices and thereby the advantages of the Chinese labour law system regarding the protection of gig workers should still be taken seriously.

The Right of Reservation in International Treaties: From the Perspective of International Law and Islamic Political System

The Right of Reservation in International Treaties: From the Perspective of International Law and Islamic Political System

The Crime of Accepting Bribes in the Hong Duc Code and Their Significance as a Model for Contemporary Criminal Law in Vietnam

The Hong Duc Code, promulgated during the reign of King Le Thanh Tong, is regarded as a progressive and comprehensive legal code within the context of feudal Vietnam. It reflects the principles of the rule of law and demonstrates a deep commitment to humanity. The Hong Duc Code contains detailed provisions covering various forms of bribery, including accepting money or gifts, exploiting positions for personal gain, harassing individuals, making wrongful convictions, concealing crimes, and weakening the military. The law applies to incumbent officials, relatives, and other connected individuals. Penalties are clearly outlined and vary depending on the nature and severity of the offense, ranging from fines and demotion to exile and the death penalty. Although resembling a feudal society, the Hong Duc Code remains relevant in Vietnamese criminal law, particularly in corruption prevention and control, especially the clauses on bribery. The article is dedicated to analyzing the crime of bribery in the Hong Duc code, to provide valuable insights for the current Vietnamese criminal law system. The article highlights three main points: (1) The legal form is clear, easy to understand, and easy to apply; (2) Treating bribery as a separate crime rather than just an aggravating circumstance as in current law; (3) Providing rewards to those who report bribery. As a result, the article aims to improve the law, enhance the effectiveness of anti-corruption efforts, and contribute to establishing a fair and civilized society.

Principles of humanism and justice in the administrative law of Ukraine in the context of christian values

The article is devoted to the study of the content and implementation of the principles of humanism and justice in the administrative law of Ukraine in the context of Christian values. The relevance of the topic lies in the fact that these two principles are poorly understood in the science of administrative law, and that the doctrine of this science needs to be changed, given the changes associated with the war, which forced people to reconsider some of their values, their life priorities and views on the State and its importance in human life, and reinforced the need to build relations between the State and human beings based on the principles of humanism and justice. The author establishes that the principles of humanism and justice are interrelated and form the basis of the entire system of administrative law and the functioning of public relations in the field of public administration. It is summarized that justice is the initial principle of law and its essence, the basis for the rule of law. Humanism is a fundamental principle of rights and a value of a democratic society; it means humanity, love for a person, value of a person and his or her dignity, and the pursuit of his or her welfare. It is proved that the fundamental principles of law are based on love, which is the content of Christian doctrine. In the context of Christian values, the principle of justice means doing to others as you would like to be done to you. It implies the action of equality, respect, freedom, and mercy toward people. In turn, the principle of humanism in the context of Christian values means love your neighbor as yourself. It is proved that love is not only an emotion, but first and foremost an action, or an act of will. Love requires decision-making and effort. Therefore, the principles of administrative law are also an action and should be put into practice, and not just an idea. The author proposes to change some doctrinal approaches to the role of the State in relations with a person, namely, that they should be based on the principles of humanism and justice based on love, which will be the beginning of a qualitatively new role of the State and the activities of officials in relations with citizens.

Asystemic Application of the System of Law

In the prism of a specific act of law enforcement, an urgent problem of systemic relations between norms and principles of various branches of law that are outside the traditional institution of bluntness has been identified. The theses were substantiated that the application of the rule of law should be based on a systematic approach to the entire legal space, that compliance or enforcement of a prescription within one branch of law should not be a tort-forming factor in another branch of law, the norms of one branch of law objectively cannot prohibit what is permitted by the norms of another branch of law; if this is the case, then this indicates a systemic problem of the legal space. And this question is addressed not so much to the legislator as to the law enforcement officer, the answer to it is in the plane of professional legal understanding. Only the formation of a systematic approach to the application not of a single rule of law, but of normative legal prescriptions in a system of corresponding links with the provisions of other norms of various branches of law can serve as a guarantee of proper law enforcement.

Independent Directors' Opposition, Earnings Management and the Risk of Stock Price Crash

The purpose of this paper is to analyze the legal practice and theoretical basis of the implied secrecy clause in the United States, and to explore the domestic development of the implied secrecy obligation in our country. Based on this, this article uses the American case and law to establish the standard to judge whether our country's counterpart undertakes the implied confidentiality obligation. First of all, the first part of this article summarizes the existing legal framework of our country on the obligation of implied confidentiality and its challenges in judicial practice, and summarizes the views of the academic community on this issue. By combing the current situation of legislation, analyzing the problems in judicial practice, and studying the opinions of academic circles, this paper proposes that the implied obligation of confidentiality in the field of trade secrets should be affirmed clearly. Secondly, the second part of the comparative law perspective, a comparative analysis of the common law system and the civil law system on the implied provisions of the different theories, so as to provide theoretical support for our country to learn from the experience of the and the United States. Finally, the third part from the legislative basis, judicial practice and practical needs of the three dimensions, demonstrated the application of implied confidentiality obligations of the rationality and necessity, it further strengthens the importance of implied secrecy obligation in legal practice.

Pertanggungjawaban Pidana bagi Pelaku Pencemaran Lingkungan Perspektif Fikih Jinayah

This study aims to identify and analyze the strengths and weaknesses of the criminal liability system in environmental law and evaluate how Islamic jurisprudence can offer alternative or additional solutions to address environmental pollution problems. This study uses an empirical legal research method with qualitative procedures. The results of the study indicate that the act is considered to violate Islamic jurisprudence and environmental regulations in Indonesia, as shown in the findings. However, law enforcement still has obstacles related to evidence collection and time constraints that must be overcome in order to effectively pursue individuals or groups responsible for environmental damage. Therefore, to ensure environmental sustainability, it is important for the government to actively participate, for law enforcement to achieve effectiveness, and for business entities and the community to be aware of their obligations and be responsible for their behavior.