Unlawful Act Research Articles

THE COLLECTIVE HUMAN RIGHT TO HISTORICAL REPARATION VERSUS THE PRECLUSION OF THE RETROACTIVE APPLICATION OF INTERNATIONAL LAW IN THE AREA OF STATE LIABILITY

It is unanimous in International Law that anyone who has committed an unlawful act must make reparations. However, there has been an increasingly pressing debate over whether it is possible to hold colonial powers legally liable for acts and crimes committed in the past in their former colonies. The rules of international liability indicate, among other issues, that time has already exerted its preclusive influence on possible claims for reparations, according to the rules of intertemporal law, which leads one to believe that International Law still seems incapable of helping those who were colonized and enslaved, since in practice the issue of the collective human right to historical reparations versus the preclusion of the retroactive application of International Law in matters of State liability is being discussed. However, some issues have arisen recently, such as the recent statement by the then Portuguese president, recognizing Portugal's responsibility for enslavement and crimes that occurred during the colonial period. Thus, and given the context of the current scenario, we seem to be witnessing an important historical step in a larger political-legal process. It seems premature to talk about a collective human right to historical reparation, however, it seems that a period of long and important debate is beginning, which is on the agenda of major newspapers, social networks and academic research. Thus, this movement may lead in some way to effective reparation for the serious violations committed in the past.

Lost Lives: Extrajudicial Killings and the Breakdown of Justice in the Philippines

To live in this world is a great opportunity, but to take away the right to life is against humanity. Human rights refer to the rights that are enjoyed by all individuals, regardless of their nationality, race, or origin (United Nations). The right to express, the right to life, and a life free from discrimination are some of the features of human rights. These rights are protected by the constitution of each country to ensure that individuals live peacefully. However, there are instances where these rights are being violated and victims cannot defend themselves. One of the alarming examples is the execution of extrajudicial killings where people’s basic rights are being denied. There’s no exception in the implementation of the campaign; even the children became targets of the unjust system. Extrajudicial killings became prevalent in the Philippines under the administration of President Rodrigo Roa Duterte. The campaign involves unlawful actions where individuals are executed without undergoing the due legal process. The government actions caught the attention of the international community amidst the anti-drug operations and massive killing while targeting individuals without concrete evidence. This study employs a qualitative approach to explore the effects of extrajudicial killings on human rights and societal dynamics by reviewing existing literature, case studies, and reports, with a particular emphasis on the war on drugs campaign of President Duterte.

The Impact of Illegal Mining on Sports Participation and Community Well-being in Ghana: Challenges and Prospects for Sustainable Development

This study aims to evaluate the effects of illegal mining on sports participation and community well-being in Ghana. The study specifically seeks to determine the impact of galamsey activities on community health, athlete development, sports infrastructure, and general sports participation in areas affected by mining. This study evaluates the effects of illegal mining on sports engagement and community well-being in Ghana. The Galamsey, an illegal small-scale mining practice, negatively impacts social infrastructures, particularly community well-being and sports participation. The report suggests that there are health hazards from environmental pollution, deteriorating sporting facilities, and a decline in youth involvement due to unlawful mining activities. However, the shift towards mining has disrupted sustainable livelihoods and communal cohesiveness, impeding local talent and community growth. The study used a qualitative research technique to examine the effects of illicit mining on Manso Datano and Keniago in Amansie West and Amansie South Districts. Thirty participants, including youth leaders, teachers, coaches, health workers, and community elders, were interviewed. This study highlights the devastation of sports facilities, health risks, and mitigating measures. It also highlights the decline in parental and school involvement in sports, as well as the absence of equipment, upkeep, and enthusiasm for sports activities. The study recommends community engagement tactics, public awareness campaigns, school assistance, community activities, and legal actions to lessen these effects. Policy reforms, funding for sports infrastructure restoration, and the integration of health and sports activities are proposed as vital steps towards sustainable development and recovery in affected areas.

A distance-based network activity correlation framework for defeating anonymization overlays

As the effectiveness of modern Internet-based anonymization infrastructures grows, law enforcement agencies are experiencing a progressive erosion of their surveillance capabilities. This can severely undermine their efforts to prevent and investigate various types of unlawful activities, potentially increasing the impunity of organized criminal networks. Balancing the legitimate privacy needs of individuals with the imperative to maintain public safety and combat criminal behavior in the digital world remains a complex tradeoff for both policymakers and technologists who need to find a systematic and reliable way to link the traffic traces associated with criminal activities to their anonymized origins. Accordingly, this paper presents a simple but very effective de-anonymization approach capable of associating traffic traces captured at the edge of the overlay infrastructures, in correspondence with the true origins, to those captured in correspondence with the destinations. The approach is based on determining the minimum-distance pairs within a complete bipartite graph in which the traffic traces are the nodes. Experiments with different distance functions, applied in varied ways, show that the resulting framework appears to be a promising solution that is scalable and easily deployable on real-life network equipment.

Marriage with the Intention of Divorce in Islamic Jurisprudence

In Islamic law, each lawful or unlawful action is guided by underlying wisdoms and philosophies that may not be readily apparent to all. Upon deeper contemplation and analysis, the rationale behind the lawfulness or unlawfulness of actions reveals significant insights and benefits. This article addresses marriage with the intention of divorce, defined as a legitimate marriage wherein the husband, unbeknownst to the wife, intends to divorce her after a predetermined period. From the perspective of the objectives (Maqasid) of marriage, its prohibition is justified due to the lack of valid benefits within the union. However, when studied through the lens of its causes, reasons, pillars, and conditions, such a marriage, despite the husband's concealed intention for its temporary nature, meets all essential requirements without any deficiencies. This is why Islamic jurists are divided into two groups on this issue: One group, emphasizing the apparent conditions and pillars, considers it permissible, while the other, highlighting the absence of legitimate benefits, deems it prohibited. The author's preferred opinion is that it is permissible and, in cases of necessity, may be utilized. Nevertheless, the general recommendation is to discourage this practice and advise individuals to seek continuity and permanence in marriage, barring circumstances where continuation is impossible according to Islamic legal principles.

Legal analysis of different approaches to understanding the phenomenon of miscarriage of justice in administrative proceedings

The article is devoted to the study of various approaches to understanding the phenomenon of a miscarriage of justice in administrative proceedings. The author establishes that a miscarriage of justice in administrative proceedings can be referred to in several senses. Firstly, a miscarriage of justice in administrative proceedings can be understood in a narrow sense, depending on the aspect specifically chosen (epistemological, praxeological and teleological) or their combination. The epistemological aspect of understanding a miscarriage of justice in administrative proceedings relates to the processes of mental and cognitive activity of a judge. Within this aspect, a miscarriage of justice is considered as a result of a defect in the subject matter of a judge’s cognitive actions, which may be manifested in incorrect processing or interpretation of information. The praxeological aspect of understanding a miscarriage of justice in administrative proceedings focuses on the compliance of the judge’s actions with the requirements and procedural rules set forth in the law. In this context, a miscarriage of justice is manifested as an unlawful act (action or inaction) of a judge, which consists in the judge’s incorrect application of substantive law or violation of procedural law. The teleological aspect of understanding a miscarriage of justice relates to the purposes of administrative proceedings. Under this approach, a miscarriage of justice is defined as a result that does not meet the goals of administrative proceedings. The interconnection and interdependence of the epistemological, praxeological and teleological aspects forms a comprehensive understanding, a holistic perception of this phenomenon in administrative proceedings. This integration of different perspectives makes it possible to characterize a miscarriage of justice by providing a deep and multilevel understanding of its nature. In a broad sense, a miscarriage of justice in administrative proceedings can be understood as a judge’s procedural activity related to the misperception, analysis or reproduction of legal norms, which is reflected in the adoption of a court decision that is unable to achieve the purpose of administrative proceedings.

أحكام المسؤولية الدولية وفقاً لقواعد القانون الدولي

The establishment of liability is considered a natural punishment in any legal system, whether through national legal systems, in particular the international community, and responsibility in this case arises, regardless of the person who violates the provisions of national or international law, as a result of the error or unlawful act committed by the offending person, and the cause of damage to another person, which leads to the establishment of responsibility in favour of the latter against the person who committed an unlawful act, or refrained from doing a legitimate act, and the cause of this act or omission is harmful to another person. Based on the foregoing, international responsibility in the face of States and other persons of public international law addressed under international legal rules as a normal procedure resulting from the establishment of international responsibility as a result of violating the sources establishing international legal rules, namely either international treaties, international custom or even general principles of law, where the State that violated the provisions and rules of international law is obliged to compensate the State affected by the wrong or wrongful act, or by restoring the situation to their correct as much as possible, and the establishment of international responsibility in this case is considered an actual translation of the provisions and rules of international law through its practical application on the ground Reality. As a result of international law's keenness to protect the international community and its rights from illegal practices, international responsibility must be established towards any person of public international law who has infringed on the rights of other persons, which has added some effectiveness to the rules of international law, unlike in the past when resorting to the settlement of disputes by peaceful means was almost impossible.

Methods for Assessing the Effectiveness of Modern Counter Unmanned Aircraft Systems

Given the growing threat posed by the widespread availability of unmanned aircraft systems (UASs), which can be utilised for various unlawful activities, the need for a standardised method to evaluate the effectiveness of systems capable of detecting, tracking, and identifying (DTI) these devices has become increasingly urgent. This article draws upon research conducted under the European project COURAGEOUS, where 260 existing drone detection systems were analysed, and a methodology was developed for assessing the suitability of C-UASs in relation to specific threat scenarios. The article provides an overview of the most commonly employed technologies in C-UASs, such as radars, visible light cameras, thermal imaging cameras, laser range finders (lidars), and acoustic sensors. It explores the advantages and limitations of each technology, highlighting their reliance on different physical principles, and also briefly touches upon the legal implications associated with their deployment. The article presents the research framework and provides a structural description, alongside the functional and performance requirements, as well as the defined metrics. Furthermore, the methodology for testing the usability and effectiveness of individual C-UAS technologies in addressing specific threat scenarios is elaborated. Lastly, the article offers a concise list of prospective research directions concerning the analysis and evaluation of these technologies.

Tinjauan Yuridis terhadap Perbuatan Melawan Hukum Pembina Yayasan yang Melakukan Penyalahgunaan Wewenang dalam Pergantian Organ Yayasan

The replacement of Foundation Organs is carried out when the term of office of the foundation organ has expired and is not re-elected or when the foundation organ has committed acts deemed detrimental to the foundation by the foundation founder as conducted based on the foundation founder's meeting. If the foundation meeting is not held in accordance with quorum provisions stipulated in the Foundation Law and the Articles of Association, then the founder must be held responsible for his actions. This study was conducted using normative research methods. The results show that the unlawful act committed by the founder in the replacement of foundation organs is the abuse of authority by not adhering to the quorum provisions of the founder's meeting by 2/3 of the founder members, while the responsibility for the unlawful acts refers to civil liability in accordance by Article 1365 of the Civil Code. The legal consequences of such unlawful acts on the foundation organ include the occurrence of dualism in the management of the foundation, the invalidity of decisions made by the newly appointed organ which was unlawfully appointed, and damages to third parties.

Проблема оценки существенности вреда в составе самоуправства

Introduction. The aarticle deals with the issue of legislative regulation, establishment and assessment of the consequences of arbitrariness. The issues of determining the materiality of harm as a feature of the objective side of the offence under Article 330 of the Criminal Code of the Russian Federation. Based on the analysis of judicial practice, the varieties of substantial harm caused in the commission of arbitrary actions are determined. It is noted that the materiality of harm is a necessary condition for qualification of a deed under Article 330 of the Criminal Code of the Russian Federation. The purpose of the research is to characterise the criteria used by law enforcers in determining the essential harm as part of arbitrariness. Methods. The author used the following methods: dialectical method of cognition, a set of general scientific methods (analysis, synthesis, induction, deduction), as well as a number of special methods (formal-legal, comparativelegal, systemic, functional). Results. The analysis of judicial practice on the problem under study allowed to determine the influence of the subjective factor due to the creative nature of the law enforcer in determining the materiality of the harm caused by unlawful actions. It is concluded that the lack of criteria for assessing the materiality of harm, as well as the lack of specification of the range of social relations that may be harmed as a result of arbitrariness, may cause such harm, entails uncertainty in the emerging law enforcement judicial practice.

The impact of negative school experiences on rates of youth delinquency: accounts of incarcerated young people in Türkiye

ABSTRACT The main purpose of this study is to examine the school experiences of incarcerated Turkish young delinquents and reveal how these negative experiences affected their descent into delinquency. In order to carry out the study, official permission to meet with 10 young delinquents, currently being held in the Youth Detention Centre in Ankara (capital of Türkiye) and convicted of various crimes, has been obtained from the Turkish Ministry of Justice. Interviews have been conducted in three separate sessions. Study findings have revealed that the school experiences of young delinquents have been overwhelmingly negative and that they have started committing crimes while still being enrolled in school. Additionally, it has been found that they defied school rules and maintained social connections with individuals engaged in unlawful activities.

Legal Protection for Debtors in the Execution of Fiduciary Objects in Indonesia

In financing agreements, the phenomenon of debtors defaulting is very possible or occurs, so this causes creditors to take steps such as parate execution by using coercive debt collector services. This is justified because it is under the legal umbrella of the Fiduciary Guarantee Law. After the judicial review of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution parate was abolished and the execution of fiduciary guarantee objects must be carried out by submitting a request for execution to the head of the district court, but in the case of Decision Number 157/Pdt.G/2021/Pn Skt, the judge actually rejected the plaintiff's petitum as a debtor who argued that the execution parate by the defendant (creditor) was an unlawful act. The formulation of the problem in this research is how to analyze the judge's legal considerations in determining whether the execution of fiduciary guarantees is valid in Decision Number 157/Pdt.G/2021/Pn Skt? And how is legal protection for debtors related to Constitutional Court Decision Number 18/PUU-XVII/2019? This research is included in the type of normative juridical research with a statutory approach. The purpose of this research is to determine the analysis of the judge's legal considerations in determining the validity of the execution of fiduciary guarantees in Decision Number 157/Pdt.G/2021/Pn Skt and to determine the legal protection for debtors in connection with Constitutional Court Decision Number 18/PUU-XVII/2019. The theoretical benefit of this research is a contribution to legal science, while the theoretical benefit is aimed at legal practitioners. The results of this research are that the plaintiff is not a party who voluntarily surrenders the object of the fiduciary guarantee and is not a party bound by an agreement to determine default, so the judge was wrong in rejecting the plaintiff's petitum which argued that the defendant was valid in the execution parate, and legal protection for the debtor was linked to Constitutional Court Decision Number 18/PUU-XVII/2019 is contained in Article 23 paragraph (2) and the plaintiff can take legal action to appeal solely to seek correction of the results of a decision that is considered wrong.

Legal Reconstruction of Empirical Juridical Analysis of Unilated Determination of Defense (Study of Pontianak District Court Decision Number 51/Pdt.G/2021/PN Ptk)

Decision case number 51/Pdt.G/2021/Pn Ptk contains a legal problem, namely the unilateral determination of default and the legal consequences (the application for the sale of collateral was also carried out unilaterally). This research basically aims to find out the legality of unilateral determination of default in positive law in Indonesia and the legal construction of Pontianak State Decision No. 51/Pdt.G/2021/Pn Ptk in terms of the theory of legal certainty. This research has a normative juridical character, with a statutory approach and a case approach. Legal materials were obtained from primary legal sources (legislation and decisions) as well as secondary legal materials, namely library sources such as books and journals. The results of this research: The legality of unilateral determination of default in positive law in Indonesia refers to the Supreme Court (MA) Jurisprudence No. 186 K/Sip/1959 and based on the jurisprudence of the Republic of Indonesia Supreme Court Decision No. 852 /K/Sip/1972, in Indonesian law, it is not legal/legitimate/legitimate to carry out unilateral acts of default without a prior summons. The legal construction of the Pontianak District Decision No. 51/pdt.g/2021/pn PTK is viewed from the theory of legal certainty, namely that the judge must grant petitum number 3 "stating that the Defendant's decision stating that the Plaintiff is a bad debt debtor is an unlawful act and cancels the entire series of consequences of the decision. Unilateral default, namely making a Sales Request unilaterally. Because in the theory of legal certainty, compliance or implementation of legal sources (jurisprudence) is a concrete form of legal certainty.

Pencemaran Nama Baik dalam Tinjauan Hukum Islam

Any verbal or written conduct that breaches the law is considered to be a defamatory act, which spreads false information to the public and assaults a person's honor by disseminating the information to the general public, which can injure the party in question and harm the person's good name or reputation. Last but not least, according to Fiqh Jinayah, the unlawful act of defamation falls within the category of ta'zir punishment, which the court determines as bearing legitimacy in the context of sentencing. Defamation on social media is a crime because it is not covered by Islamic criminal law and is not addressed in the Qur'an or hadith. It is included in the ta'zir finger category. Ta'zir punishment is intended to prevent or delay the arrival of a disaster, with the authority of the ruler or judge over the administration of punishment for the general public.

Analyzing Tor Browser Artifacts for Enhanced Web Forensics, Anonymity, Cybersecurity, and Privacy in Windows-Based Systems

The Tor browser is widely used for anonymity, providing layered encryption for enhanced privacy. Besides its positive uses, it is also popular among cybercriminals for illegal activities such as trafficking, smuggling, betting, and illicit trade. There is a need for Tor Browser forensics to identify its use in unlawful activities and explore its consequences. This research analyzes artifacts generated by Tor on Windows-based systems. The methodology integrates forensic techniques into incident responses per NIST SP (800-86), exploring areas such as registry, storage, network, and memory using tools like bulk-extractor, autopsy, and regshot. We propose an automated PowerShell script that detects Tor usage and retrieves artifacts with minimal user interaction. Finally, this research performs timeline analysis and artifact correlation for a contextual understanding of event sequences in memory and network domains, ultimately contributing to improved incident response and accountability.

Edukasi dan Antisipasi Gurita dan Budaya Korupsi Melalui Sentuhan Kejiwaan dan Pendekatan Agama

Corruption is an unlawful act that has an impact on material and state financial losses, and also has an impact on the obstruction of infrastructure development programs and the development of people's welfare. Constitutionally, the poverty felt by the people is the responsibility of the state, but with acts of corruption, people are forced to become poor so that people are neglected from the control and protection of the state. This means that acts and deeds of corruption are evil acts that must be a concern so that they do not occur and must receive maximum punishment, the people are also educated to view acts of corruption as a common enemy and a crime that cannot be tolerated. This study aims to provide guidelines so that acts of corruption can be minimized with various approaches, including through a religious approach.

Smartphone-sensor-based human activities classification for forensics: a machine learning approach

The accurate classification of human activities in crime scenes during forensics (criminalistics) is of utmost importance in classifying suspicious and unlawful activities, easing their acceptability and interpretability by judges during legal procedures in courts or by other non-experts in the field of forensics. This paper implements machine learning (ML) algorithms: support vector machine (SVM) and decision tree (DT), to demonstrate with a high accuracy, how data emanating from smartphones’ sensors reveal and isolate relevant information about static and dynamic human activities in criminalistics. Smartphones’ data from five different sensors (accelerometer, gravity, orientation, Gyroscope and light), related to ten recurrent crime scenes activities, grouped into three classes of events (normal, felony and none-felony events) are classified by the proposed algorithms, with novelty being the classification decisions based on the entire period of the events and not instantaneous decision makings. Three independent data-subsets were made, with permutations done between them and at each time, two sets used for training and the third set used for testing. Time- and frequency-domain features were initially used separately and then combined for the model training and testing. The best average training accuracies of 100% and 97.8% were obtained for the DT and SVM, respectively, and the testing accuracies of 89.1% were obtained for both algorithms. We therefore believe that these results will serve as a solid persuasive and convincing argument to judges and non-experts of the field of forensics to accept and easily interpret computer-aided classification of suspicious activities emanating from criminalistic studies.

Perlindungan Hukum terhadap Anak Jalanan sebagai Korban Tindak Pidana Kekerasan Fisik dalam Hukum Positif dan Hukum Pidana Islam

This study aims to examine the legal protections afforded to children on the streets who have been victims of haram actions from both an Islamic and a positive law viewpoint. Patient samples were collected from residents of Percut Sei Tuan District for this analysis. A variety of institutions and members of the community were interviewed and observed in order to gather data using qualitative methodologies. Law 35 of 2014 provides legal protection for victims of unlawful actions who are minors living on the streets, according to study results. Also included in this statute are measures that govern the proper penalty for offenders. Islamic law, on the other hand, provides a holistic view of the problem of child trafficking by highlighting the significance of human values and fairness in providing protection for these children. The investigation's results shed light on the many legislative safeguards put in place to keep homeless and victimised children safe. In light of this, it is clear that this endeavour is crucial with respect to positive law and Islamic law.

Peculiarities of commissions of forensic medical examinations in criminal cases related to crimes against sexual inviolability

The investigation of criminal cases related to sex crimes determines the range of circumstances to be immediately proved during investigations. Issues arising in the process of conducting such cases must be resolved as part of forensic medical examinations. Illegal acts of a sexual nature generally end in the violation of human health, not only physical with bodily harm but also psychological. During such examinations, specialists of various clinical specialties are included in the composition of expert commissions. These are specialists in the fields of obstetrics-gynecology, venereology, traumatology, psychiatry, and clinical psychology. During investigation and trial, important information can be provided by medical documents on the state of health of the victim, including the testimony of medical workers. Not only forensic medical experts who conducted examinations but also medical workers are called to court hearings as witnesses to incidents. This article analyzed the commissions of forensic medical examinations in a teenager harmed by violent sexual acts. The results of forensic medical examinations were analyzed. This article provides an expert observation of a victim of crimes against sexual inviolability that led to severe complications. During the investigation, the development of a mental disorder in the teenager was examined, and a forensic medical examination was performed. Psychological injuries are no less serious than physical ones. The body’s response to stress causes a pathological state of the psyche. Such a painful reaction can persist for many years. A prolonged depressive reaction due to an adaptation disorder arose in the victim after the unlawful actions committed against her with a direct causal relationship. When conducting forensic medical examinations related to illegal acts of a sexual nature, specialists in the fields of gynecology, traumatology, venereology, psychiatry, and clinical psychology must take part in the examinations.

Civil Liability of Airport Managers for Consumer Losses from The Perspective of The Compilation of Sharia Economic Law

Consumers often require effective and convenient air transportation to carry out their daily activities, both for work and personal purposes. Air transportation offers a fast and efficient solution to reach their destination. This research aims to evaluate the consequences of the negligence of Kualanamu Airport officers and managers and to examine how their responsibilities towards consumers based on the perspective of the Compilation of Sharia Economic Law. The method used is normative juridical legal research, which refers to international law and relevant legislation, and uses the Statute Approach (reviewing all regulations relevant to the legal issues discussed) and Conceptual Approach (based on views and doctrines developed in legal science). The results show that many airport facilities have not met functional standards, which causes negligence of officers to still threaten the safety and comfort of consumers. This negligence includes the operationalization of facilities that are not fit for use. In the context of KHES, responsibility includes providing compensation in accordance with the principles of Islamic law governing loss and compensation. Compensation or 'dhaman' aims to overcome the losses suffered by the injured party, both material and immaterial. This is regulated in Book II of the Compilation of Sharia Economic Law article 20 paragraph 37, which states that 'ta'widh' or compensation is reimbursement for real losses paid by the party who committed an unlawful act.