Viewpoint Of Law Research Articles

Parent, meaning who? Biotechnological revolution in human procreation and succession law in Poland

Recent developments in assisted reproductive technology (ART) – the use of third parties in the process of fertilization and pregnancy, and cryopreservation of human sperm, ova and human embryos – have contested many previously unchallenged paradigms related to parenthood. Currently, the thesis that a person is created by the physical consummation of two living parents of the opposite sex, is no longer as simple and clear cut. Undoubtedly, these changes affect social norms, including the legal systems of individual states which take divergent stances on the above-mentioned issues. For example, in their approach to filiation relations of a child born through ART and how his/her parents’ data are entered on the child’s birth certificate. Intensified migration movements of Poles to the USA and an increased number of cross-border (Polish and American) relationships have resulted in a growing frequency of foreign birth certificates appearing in Poland. Though incompatible with the Polish law, such certificates provide grounds for certain claims to be filed since vital records are documents of particular importance in every legal order, and in succession proceedings they are of fundamental value. Thus, a question arises as to the viewpoint of Polish law in regard to American birth certificates which do not comply with the rules in force in Poland regarding the filiation indicated therein. Can a child inherit by operation of law from people of the same sex indicated in his/her birth certificate issued abroad and can he/she inherit from all the parents named in such a certificate even if there are more than two of them? Does a child conceived several years after the death of his/her father, whose data feature on the American birth certificate, have a right to inherit from him in Poland? This article attempts to answer these questions.

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.

Doping In Avian Species:A Comparative Zoological And Legal Study

Concerns about performance-enhancing drugs (PEDs) in avians have been brought up in the context of animal sports. This paper offers a thorough analysis of doping in avians from the viewpoints of zoology and law. It explores the physiological and biological impacts of performance-enhancing drugs on avians, examines the laws that control PED use in avian sports, and advocates for a more concerted effort to stop avian doping.

Искусственный интеллект как часть общественной жизни: этико-правовые проблемы и пути их решения

The ethical and legal problems of artificial intelligence’s comprehensive integration into the public environment, its impact on the human life sphere are investigated. The intensity of the ongoing changes requires not only full-fledged legal regulation, but also a comprehensive study of both the positive aspects of innovations, as well as the foresight of possible threats and the formation of adequate protective mechanisms from the law point of view, from the standpoint of human moral values. It is a systematic approach and the possible negative consequences’ prevention of the artificial intelligence use that should shape the goal-setting of the development and implementation of such systems. Using scientific cognition methods, such as analysis, synthesis, system-analytical, formal-logical, system-legal, various approaches to understanding the definition of “artificial intelligence” have been studied, taking into account all the features of such systems, the necessary ways to solve the identified gaps in legal regulation related to determining the place of objects and artificial intelligence systems in the legal space. The social and practical significance of the development of robotics is touched upon, while attention is focused on the regulation of possible risks. It is concluded that it is the compliance of the functions performed by artificial intelligence with the ethical and moral canons of society that should be decisive in solving issues of responsibility. Separately, proposals are presented to determine civil liability both in cases of direct harm by robots with artificial intelligence, and in cases of damage or destruction of an artificial intelligence system by a third party to their owner.

The Value of Trust in Encryption: Impact and Implications on Technology Law and Policy

Encryption is an enigmatic technology from the viewpoint of technology law and policy. It is essential for ensuring information security and data privacy, but it can be similarly used for illicit means and ends. This article contends that understanding the underlying values of encryption can help clarify the legal and policy debates about whether or how to regulate this technology. This article specifically focuses on the value of trust and examines it from the perspective of three groups of stakeholders: members of the general public, business, and government. In particular, the article analyses the four direct objects of trust in relation to encryption: the technology, specific persons, institutions, and general others involved in encryption. It further delves into how this value impacts technology law and policy. The article concludes that trust is a paramount value of encryption and should be used as a principal consideration and guide when evaluating existing or proposed encryption regulations.

İslam Hukukunda Tekel (İḥtikâr) Meselesi ve Toplum Üzerindeki Olumsuz Etkisi: Türkiye Örneği

This study investigates the Islamic concept of monopoly, termed "Iḥtikār," and its detrimental effects on economic stability and commodity prices. In the modern capitalist system, monopoly power has gained prominence and is exploited by governments and multinational corporations for various purposes. Such practices have disrupted lives and exacerbated inequalities, particularly affecting low-income individuals. This research uses Turkey as a case study to examine how dishonest monopoly tactics within chain markets have led to inflated prices and consumer harm. The research delves into the Islamic legal stance on monopoly and advocates for a nuanced understanding, considering various schools of thought. The study uses qualitative methodology to analyze primary and secondary data from Turkey's perspective. Findings reveal that monopoly practices have adversely impacted the Turkish economy, especially amid the COVID-19 pandemic, causing increased commodity prices and reduced stability. Limitations include the case-specific focus, potentially affecting generalizability. The study's significance lies in exploring the Islamic law viewpoint on monopoly's influence on financial stability and commodity prices, offering insights into contemporary regulatory strategies. Addressing monopolistic practices through effective regulation is vital to bolster economic stability and reduce disparities. This study's uniqueness lies in its Islamic examination of monopoly and its implications, contributing to the literature and suggesting avenues for contemporary regulation.

Fidic Force Majeure Clause from the Viewpoint of Serbian Law

The purpose of this paper is to present force majeure as stipulated in FIDIC forms, which are nowadays frequently in use when negotiating the conclusion of construction contracts concerning major projects. An important remark is that these forms have been greatly influenced by common law systems where operation of force majeure is dependent on the contractual definition and wording of the clause. On the other hand, the Serbian Law on Obligations contains its own understanding of force majeure-related concept, which might be amended in accordance with the principle of party autonomy. The paper further aims to elaborate on this interplay between these FIDIC forms and Serbian law. The conclusion is that the FIDIC force majeure clause represents an important contribution to the domestic regime, which does not expressly address scenarios with temporary impediments, which is necessary for successful completion of construction works.

Implementing Chemical Castration Punishment: A Perspective on Criminal Law and Human Rights

This study aims to understand and analyze how chemical castration aligns with Indonesia’s criminal law framework and human rights principles. This study uses normative legal research methods with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that chemical castration punishment, as regulated in Government Regulation in Lieu of Law Number 1 of 2016 and Government Regulation Number 70 of 2020, was established as a preventive measure against child sexual abuse. However, the relevance of this punishment must be viewed from two primary perspectives: criminal law and human rights. From the criminal law perspective, chemical castration serves the functions of retribution, rehabilitation, and deterrence, working synergistically to offer optimal protection for children from sexual violence. Meanwhile, from a human rights standpoint, there’s a critical need to ensure child protection without sidelining the human rights principles outlined in the UDHR, the 1945 Constitution, and Law Number 39 of 1999. Therefore, several recommendations regarding a comprehensive evaluation of the implementation of chemical castration punishment can be proposed to the Government. First, even though this policy aims to prevent child sexual abuse, an in-depth study from the criminal law viewpoint must be reinforced to ensure the effectiveness of the punishment’s three main functions: retribution, rehabilitation, and deterrence. Secondly, a review from the human rights perspective is equally essential. This policy must be ensured to align with the human rights principles embedded in the UDHR, the 1945 Constitution, and Law Number 39 of 1999. As a result, concrete steps such as amendments, law enforcement training, and public education are vital to optimize the chemical castration punishment in safeguarding children without neglecting human rights.

Thermo-fluidic behaviour of diamond and hourglass microchannels: Investigation from the second law viewpoint

The potential of diamond and hourglass microchannels from the second law perspective is explored to amplify the effectiveness of the thermal device for various thermodynamic systems. The chosen design variables cover all relevant physical traits, such as the divergence-convergence effect (divergence-convergence angle, width ratio), geometrical considerations (depth, length), input variables (Reynolds number, supplied heat flux), and conjugate effect (substrate material and thickness). The performance is quantified in terms of thermal and frictional entropy generation, total entropy generation, and augmented entropy generation number. Results reveal that the proposed geometries outperform uniform microchannels for all cases except at higher Reynolds numbers for high divergence-convergence angle, width ratio, length, and low supplied heat flux. The outcome also demonstrates that the diamond microchannel performs slightly better than the hourglass microchannel for all cases except at shorter lengths and higher aspect ratio for Reynolds numbers above 100, owing to flow recirculation zones and the conjugate effect. Additionally, the first and second law attributes of diamond/hourglass microchannels are compared and analyzed. Diamond/hourglass microchannels with superior second law performance at a given design constraint need not exhibit better first law performance simultaneously, and vice versa. Lastly, the current investigation sheds light on design possibilities that enhance the potential of proposed geometries through prudent exploitation of the physical characteristics. The outcomes of this research have the potential to design diamond/hourglass microchannels with the appropriate geometry for a plethora of heat transfer applications.

Re-discussing the Legal Issues of Textbook Examination System from the Viewpoint of Educational Law: Considerations Based on the Litigations of Japanese Textbook Review System

Re-discussing the Legal Issues of Textbook Examination System from the Viewpoint of Educational Law: Considerations Based on the Litigations of Japanese Textbook Review System

End boundary effects on wakes dynamics of inclined circular cylinders

We perform direct numerical simulations to characterize the three-dimensional wake dynamics of long inclined circular cylinders with inhomogeneous end boundary conditions. Three Reynolds numbers, Re=100, 200 and 300, corresponding to the regimes of laminar flow, mode A* wake, and mode B wake, respectively, are considered to reveal the roles of the intrinsic secondary instabilities and the extrinsic end boundary effects in shaping the three-dimensional flows. At Re=100, the end boundary effects are felt over the entire cylinder span by inducing oblique vortex shedding, which is associated with stronger spanwise flow in the wake than a parallel shedding. The Strouhal number of the oblique shedding is related to that of the parallel shedding of straight cylinder by the cosine law, considering the combined inclination angle and oblique angle. At Re=200, the intrinsic secondary instability results in large-scale vortex dislocation, precluding the propagation of the end boundary effects towards further span. Nevertheless, for the inclined cases, oblique shedding is still observed within limited span from the upstream end boundary. The oblique vortices feature intact and straight vortex cores, and are related to the two-dimensional flow at Re=200 (that are void of vortex dislocations) from the viewpoint of cosine law. Further along the span, the oblique vortices destabilizes with the formation of small-scale vortices, and the flow transitions to the typical mode A* wake. At Re=300, the highly three-dimensional flow near the end boundary creates disturbances that travel along the cylinder span, creating vortex dislocations for cases with low inclination angles. For high inclination angle, oblique vortex shedding is again observed over the cylinder span, and is not disrupted by vortex dislocations of either intrinsic or extrinsic causes. The present study offers renewed insights into the three-dimensional wake dynamics of inclined cylinders, and lays the foundation for the designs of long flexible engineering structures and related flow control techniques.

The Application of Stem Cells in the Field of Cosmetic Medicine The Aspect of Islamic Law

The discovery of stem cells, which are not only utilized in many medical treatments but are also recognized to be beneficial to aesthetic treatments, served as the impetus for this research. It is necessary for anybody who wants to stay beautiful and healthy, free from illness caused by diminished organ performance or damage, that it has the ability to replace dead cells with new cells that are youthful and healthy. The usage of stem cells in the treatment of anti-aging by so many women Because the origin of Stem Ceis remained in the pros and cons, the objective of this study is to find out the legislation on the usage of Stem Cells from an Islamic point of view. This is because the pros and cons of the source of Stem Ceis are still being debated. study employs the library method by ll retrieval to acquire data about stem cells and their uses for beauty and Islamic law from a variety of sources including books and journals. Method is used to collect information. The findings demonstrated that, from the viewpoint of Islamic law, the utilization of stem cells for the purposes of esthetic beauty and anti-aging is forbidden for any reason whatsoever due to the fact that they are exclusively for non-urgent requirements. The utilization of stem cells is typically done for beneficial purposes; it does not violate norms, ethics, or religion; it does not result in damage; and it respects the creation that was made by the Creator.

The Principle of Freedom of Contract in Agricultural Product Sharing based on Islamic Law

Islamic financial scheme in practice is still causing problems in the wider community due to differences in perceptions that exist in the community. The principle of freedom of contract in Law No. 2 of 1960 concerning agricultural product sharing and Islamic law, especially related to agricultural product sharing and Article 1338 paragraph (1) of the civil code which stipulates that a legally made Agreement will apply like a law for the maker (Pacta Sunt Servanda principle), the word “all” means that every legal subject can make an agreement whose contents are about anything, legal subjects have the freedom to determine the form of the agreement. This normative research aims to analyse the legal ramifications of violating the concept of freedom of contract in agricultural product sharing from the viewpoints of Islamic law. This result of this article found that the implementing of the revenue sharing system did not get a fair share, this was because at the time of the contract, farmers were in a weak position due to the need for money for children's education and other emergency needs, especially during the Covid-19 pandemic. The owner of the land has the right to obtain part of the crop on the farm managed by the cultivator and receive back the return of the land upon completion of the agreement.

Corporate Social Responsibility: A Commercial Law Perspective

The disparity between the affluent and the poor in Pakistani society has widened. Although the state's "invisible hand" control is the cause of sustainability, there are numerous places where it may be improved. This study investigates the tight relationship between Commercial laws, social responsibility, and systematic development of corporate social responsibility (CSR) from a commercial law viewpoint. It also examines a correlation between CSR and Corporate Governance about Corporate Financial Performance, as well as the impacts of corporate strategies, Board resolutions, and decisions on corporate performance through various aspects of the 4Ps (People, Purpose, Process, and Performances). The study concludes that we can only get better results by combining all with the law, mainly through CSR activities. This research aims to enhance Pakistan's long-term commercial and social growth.

Understanding and Appreciation of the Concept of Shirk according to Mathematical Theory

Shirk means associating any partners with Allah SWT. Tawhid clearly teaches us that Allah SWT does not share His Rububiah (Lordship) or divine attributes with anything or any partner. A clear example of shirk is idolatry or polytheism, that is worship of deity, god or anything other than Allah. Shirk is a paramount sin in Islam, the one unforgivable sin. However, this term is in the holy verses of the Qur'an that are "difficult" for humans to understand and appreciate. Usually, the interpretation of the word shirk will be given a description of its meaning and consequences to the perpetrator. The common interpretation is that whoever associates anything with Allah, then he has indeed committed a great sin. Muslims are also warned that indeed Allah SWT will not forgive the sin of shirk while Allah SWT will forgive all sins other than shirk, for whom he wills. In effect, all doors of paradise are shut to those who commit shirk. This article is related to the debate on shirk and its significance according to Islamic law and mathematical measurements. The analysis and findings of the study in this article are obtained through the methods of content analysis, document analysis and vectors concept in mathematics. The vectors concept in mathematics has been chosen as a tool to decipher this term to the maximum extent possible. It was chosen because a vector has elastic properties, is easy to set up and is representative of the matter relating to shirk. Therefore, it can be used to explain the definition, interpretation and consequences of shirk. The results of the study show that shirk is not only placed in the category of major sins in Islamic law but also the position of the perpetrators of shirk is considered as insulting Allah SWT and the religion of Islam. This position can not only be assessed from the Islamic law viewpoint but also through mathematical measurements, formulas and arguments. Through mathematical measurements it is impossible for us to assign partners to Allah, except by those who are very stubborn and intend to insult Allah. In this paper, the arguments are given based on mathematical knowledge that indeed human beings should not commit shirk not only because of its consequences, but also because it involves Allah as the Creator of all creatures as well as all other creation.

Agreement for the Termination of the Intra-EU bit s

Abstract While the agreement for the termination of the intra-European Union (EU) bilateral investment treaties (bit s) is moving the intricate question of intra-EU investment arbitration closer to solution, the retroactive effects of the agreement may prove problematic from the viewpoint of international law. It is argued in the article that the underlying reason for this is the different understandings under the EU law perspective and the international law perspective on whether the intra-EU bit s have been inapplicable in the light of international treaty law. Furthermore, the article discusses the proceedings regarding intra-EU awards in national courts in the aftermath of the termination agreement, concluding that there is notable uncertainty looming over the faith of the awards. Finally, an overview is taken on the termination of the bit s in the Member States, which did not sign the termination agreement, discussing the possible consequences of the opt-out.

The Concept of Violence and its Expression in Criminal Law

The very concepts of violence, studies of its forms from the criminal law viewpoint may be instrumental in dissociating criminalised violent actions from non-criminalised though having a legal significance or the actions falling outside the area of criminal regulation; furthermore, such studies can help identify the actions that in criminal law should be viewed as socially useful (for instance, the circumstances excluding criminal responsibility). It should be noted that the concept of violence and identification of its expression forms have not only a theoretical value, but also, as has been by this study proven, is applicable in legislation (for instance, for the purpose of criminalising different types of violence), as well as in case law (for instance, when identifying possible violence manifestation options). In the light of the above the present paper focuses on the definition of violence, the possible forms of its manifestation; the authors also looked into the specific forms the coercive criminal acts can acquire in the legislation.

Employing a novel crimped-spiral rib inside a triple-tube heat exchanger working with a nanofluid for solar thermal applications: Irreversibility characteristics

This research attempts to study the performance of employing an innovative crimped-spiral rib within a triple-pipe heat exchanger (TPHE) operated with an alumina–water nanofluid regarding the second law viewpoint. The numerical analyses are carried out using the two-phase mixture model, and turbulence modeling is done via the Reynolds Stress Model (RSM). The parameters consist of the rib height ratio (0.23, 0.38, and 0.53), crimped intensity (2, 4, 6), rib pitch ratio (0.1, 0.2, and 0.3), and the nanofluid volume fraction (1, 2, and 3%). The nanofluid is the hot fluid flowing inside the intermediate tube, while the two other fluids are water. This paper underlines the lowest energy degradation to design a more efficient TPHE. The outcomes indicate that the idea of utilizing crimped-spiral rib is effective such that the nanofluid’s thermal entropy generation reduces about 22.92% using rib with higher crimped intensity because of the stronger swirl stream. The total entropy generation and total exergy destruction decline by the volume fraction increment, rib pitch ratio decrement, and by an increment in either crimped intensity or rib height ratio. The second law efficiency is found to be high for all the cases such that it is greater than 0.6.

دور الأخصائي الاجتماعي في التوعية بمفهوم الحقوق الزوجية في الإسلام

دور الأخصائي الاجتماعي في التوعية بمفهوم الحقوق الزوجية في الإسلام
 In this study, the researcher tackles the concept of “Marital Rights”, with a specific concern on the concept of “Right” in general, according to the view point of many schools of thought, on one hand, and according to the view point of Islamic law, on the other hand.
 It is made clear that, the process of realizing and performing “Marital Rights” is a real process of performing the will and orders of Allah, as well as avoiding what he condemned.
 Hence “Marital Rights” are divided into three types: special rights that wife has on her husband, special rights that husband has on his wife, and common rights between both of them.
 Having many qualities and the ability to respect certain principles, values and ethics, the social worker is highly accepted by the society and he can rush in two new realms, i.e.
 the Call of Islam.
 The social worker can play an essential role to acquaint the society about “Marital Rights” through the diversity of available means such as: communication, symposiums, debates, conferences, etc..., because there is clear lack of knowledge concerning this issue, the thing that results in the numerous problems, divorce cases and loose family ties.
 The research concluded with important findings that Islam has solved the marital rights in a correct and a comprehensive way

ANALISIS PEMBIAYAAN BSM IMPLAN PNS (Studi di Bank Syariah Mandiri KCP Sudirman Bogor)

Abstract
 This research is motivated by the development of BSM Implant financing which has increased along with the higher level of civil servant consumption needs. PNS Implant BSM Financing is a current leading financing product, where this product is a sharia concept financing using the Murabahah contract offered to Civil Servants who are in need of funds. Good for multipurpose financing, education, and home renovations. In providing financing for BSM KCP Bogor Sudirman has procedures that must be followed by customers, it is necessary to analyze BSM Implant financing, such as how the BSM Implant financing procedure flow, what are the obstacles experienced in the BSM Implant financing process and what is the Islamic legal view of BSM Implant financing. This research is qualitative in nature and the data collection method is by conducting interviews. This data collection method is carried out at Bank Syariah Mandiri KCP Bogor Sudirman, the analysis used in this research is descriptive qualitative. The results show that the flow of financing procedures is the first process that must be considered and carried out by the company to determine the initial steps of the financing process, such as what requirements for BSM Implant financing that customers must fulfill. With the financing, it is hoped that good communication will be established between the bank and the customer. In carrying out the BSM Implant financing process, there are several obstacles faced in the process of implementing BSM Implant financing, namely the initiation process, the verification process, the contract / agreement process, and the disbursement process. And according to the viewpoint of Islamic law, the implementation of BSM Implant financing at Bank Syariah Mandiri KCP Bogor Sudirman is in line with Islamic law. This is corroborated by the Fatwa of the DSN MUI No: 04 / DSN-MUI / IV / 2000 concerning Murabaha, which states that this guarantee is permitted and is strengthened by the Fatwa of the DSN No: 44 / DSN-MUI / VII / 2004 concerning multilingualism.
 
 Keywords: BSM Implant Financing, Murabahah contract