Russian Law Journal

ІMPLІKASІ LAW OF AN OBJECT THAT IS NOT DESIGNATED AS CULTURAL HERITAGE IN LAW NUMBER 11 OF 2010 CONCERNING CULTURAL HERITAGE

2024-05-14T07:10:55+00:00

Culture as objects of human work is cultural heritage. cultural heritage is the nation's cultural heritage that has meaningful socio-cultural values. In addition, cultural heritage can also be thought of as the nation's culturalroots (national cultural roots) that have built the identity of our nation which is colored by local patterns or distinctive local wisdom. Law No. 11/2010 on Cultural Heritage is the legal basis for the protection and preservation of Indonesia's cultural heritage. Events in the field there are many objects of cultural heritage that have not received the determination of the government. These objects, such as ancestral tombs, have met the criteria as cultural heritage Law Number 11 of 2010 concerning Cultural Heritage.

COMPARATIVE ANALYSIS OF THE RULES REGARDING CHOICE OF LAW IN CONTRACTS PROVIDED IN PRIVATE INTERNATIONAL LAWS OF THE DPR KOREA, RUSSIA AND CHINA

2024-05-14T07:27:46+00:00

In several regions of the DPR Korea, Russia and China, including the area surrounding the River Tuman involving Rason of the Democratic People’s Republic of Korea (DPR Korea), Vladivostok of Russia and Hunchun of China, civil and commercial exchange among legal or natural persons of these three countries are being conducted not infrequently, which increases its necessity day by day. The majority of such civil or commercial exchange is carried out on the basis of contracts between parties. However, performance of contracts is often accompanied by various sorts of disputes, which impedes regular transactions among countries. The resolution of contractual disputes depends on which country they are litigated in.

The present paper aims at contributing to further expanding cooperative relations among neighboring countries by giving a better understanding of the rules regarding choice of law in contracts provided in the national laws of these countries, so that legal and natural persons of the DPR Korea, Russia and China can carry out civil and commercial exchange in a more rational way. On the basis of outlining the process of development of legislations on choice of law in contracts of the DPR Korea, Russia and China, the paper analyzes provisions of private international law of each country related to laws applicable to contracts and clarified their common and distinguishing features.

MANDATORY LEGAL MEASURES TO REMEDIATE ENVIRONMENTAL POLLUTION: A QUANTITATIVE STUDY FROM VIETNAM

2024-05-14T07:25:10+00:00

Vietnam is identified as one of the countries most severely affected by climate change. Proactively addressing climate change is paramount in determining the country's sustainable development. This necessitates both government agencies and the community to promote economic development while concurrently protecting the environment to adapt to climate change. To achieve this, the Vietnamese government has enacted various legal regulations to raise awareness among economic development stakeholders about the importance of environmental protection. One of the punitive measures the government imposes on entities impacting the environment is the "mandatory remediation of environmental pollution." However, this regulation still contains many unharmonised provisions, leading to difficulties in practical application. Therefore, employing methods such as legal comparative studies and analysis of legislative writing, the authors will delve into the issue, identifying shortcomings and proposing relevant recommendations regarding the "mandatory remediation of environmental pollution" measure in the future.

CHALLENGES OF THE IMPLEMENTATION OF THE PRINCIPLE OF EXHAUSTION OF THE EXCLUSIVE RIGHT TO A TRADEMARK IN THE CONDITIONS OF PARALLEL IMPORT

2024-05-14T07:31:24+00:00

The article discusses the implementation of the principle of exhaustion of the exclusive right to a trade mark in the conditions of parallel importation. The article analyses the approaches to the understanding of parallel import. Conclusions are drawn about the advantages and disad-vantages of the phenomenon of parallel import. The author analyses two models of implementation of the principle of exhaustion of the exclusive right to trademark - international and national on the example of Russia, the USA and Canada. The author made conclusions about the most relevant model of exhaustion of exclusive right to a trademark for importers, right holders and consumers.

ISSUES OF ARTIFICIAL INTELLIGENCE TECHNOLOGIESAPPLICATION: PROTECTION OF INTELLECTUAL PROPERTY RIGHTS ON MARKETPLACES

2024-05-14T07:34:49+00:00

the article explores the problem of application of artificial intelligence technologies and its impact on the protection of intellectual property rights on marketplaces. Artificial intelligence (AI) is becoming more and more widespread and is used in various spheres, including e-commerce. However, with its development a number of difficulties and problems arise related to the protection of intellectual property rights, such as trademarks, copyrights and patents. The article discusses the main problems that may arise when using AI in marketplaces. One such problem is the possibility of infringement of intellectual property rights, as AI can implicitly infringe copyrights or create competing products that imitate well-known brands. The article considers cases of infringements related to the use of AI on marketplaces and analyses the existing legal norms that regulate this problem. The article also offers practical recommendations for the protection of intellectual property rights on marketplaces. The article considers mechanisms of legal protection, such as registration of trademarks, copyrights and patents, and recommendations for the actions of right holders, if their rights have been violated on the marketplace. The possibilities of using artificial intelligence technologies to detect infringements and protect intellectual property rights are also discussed.

THOUGHTS ON LEGAL SUSTAINABILITY- ‘NIHIL SUB SOLE NOVUM.’

2024-05-14T07:38:43+00:00

The most frequently cited definition of sustainable development comes from the UN World Commission on Environment and Development as a ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs.’ This paper seeks an answer to the question of where the role of law can be placed in the conceptual framework of ‘sustainability’; what is law like if it is sustainable; what the classic and modern interpretation of this concepts are; also how do these approaches relate to the lessons of legal history, and specifically to the lessons of certain stages of the history of Hungarian state and law as sustainability turns. The conclusion is a new definition of sustainable law rooted in legal historical research, which can also be a common denominator for different aspects of sustainability.

ECONOMIC GROWTH BETWEEN INSTITUTIONAL QUALITY AND ENERGY TRANSITION: CASE OF MENA COUNTRIES

2024-05-14T07:42:43+00:00

This paper examines the energy transition in MENA region countries, with a focus on the crucial role of institutional quality and its impact on economic growth. It explores the interaction between institutional quality, energy transition initiatives, and economic growth, seeking to understand how institutional quality can facilitate a successful transition. The empirical analysis highlights institutional factors that can either facilitate or hinder the energy transition, as well as its influence on economic growth, using a simultaneous equations model. The findings of this research provide valuable insights for policymakers and economic actors, emphasizing the crucial importance of robust institutions in the energy transition process to stimulate economic growth in the MENA region during the specified period (1990-2020).

IMPACT OF IQ ON SOCIETY

2024-05-14T07:46:00+00:00

Today's culture values intelligence as an indicator of success; though there are many concerns and doubts about how to measure intelligence. The tests used to measure IQ can be biased or misleading, as they usually do not reflect the totality of a person's cognitive abilities in the context in which they find themselves. That’s why we must question and adapt intelligence assessments according to skills and context, and why it is necessary to consider a broader set of criteria and not limit themselves to traditional mechanical faculties, for people to be better valued in the society we live in.

TÜRKİYE’S NEW MULTI-DIMENSIONAL FOREIGN POLICY

2024-05-14T07:51:30+00:00

This study will analyze Türkiye’s new “multi-dimensional” foreign policy and focus on why Ankara does not want to restore its classical pro-Western foreign policy. To do this, the author will first look at the current situation of Türkiye in different aspects (humanitarian aid, democracy, rule of law, economy, human development index, etc.) in addition to its critical connections such as its energy needs as well as its strategic and economic ties, and then analyze two critical foreign policy issues, namely; the ongoing Russia-Ukraine and Hamas-Israeli wars to understand Türkiye’s peculiarities and different choices. These cases will help us to understand Türkiye’s multi-dimensional foreign policy approach, which in many ways conflicts with the classical Atlanticist paradigm of the Cold War and early post-Cold War periods.

ILLEGAL IMMIGRATION AND HUMAN TRAFFICKING: WHAT IS THE RELATIONSHIP?

2024-05-16T02:07:00+00:00

The world did not know stability until after World War II, where the international community experienced a type of reassurance. However, the Arab and Maghreb countries more clearly suffered from the phenomenon of colonization, which resulted in many people migrating to other countries that enjoyed stability and security.

However, the situation began to tighten due to the rising number of immigrants. Countries had no choice but to enact laws and set conditions that limited immigration to them. From here, illegal immigration began to make its mark on reality, through which various countries tried to limit it from a legal perspective. But the escalation witnessed by illegal immigration, being an organized crime, had repercussions on the irregular migrant himself, resulting in exploitation that reached the extent of human trafficking.

LEGAL GUARANTEES FOR THE PROTECTION OF DIGITAL WORKS A STUDY IN LIGHT OF PUBLIC INTERNATIONAL LAW

2024-05-17T02:12:27+00:00

Technological development and the emergence of modern technological means have contributed to the emergence of technical programs that raise many jurisprudential questions about the protection you enjoy from all forms of attacks to which you may be exposed.

Computer programs are considered as one of the technical models that have contributed to the emergence of many international disputes regarding the legal scope that is subject to its protection, and this is a result of their great importance in developing the economic systemfor countries, as well as their contribution to the development of societies if they are properly exploited.

In that context, several international trends emerged regarding adapting the rules for protecting electronic programs,while some considered them to be subject to international rules related to the protection of intellectual and literary property rights, we find that others relied on modern technological requirements,which the world is witnessing as a basis upon which it is subjected to the rules of protecting property and industrial rights,through this, international agreements and organizations rushed to create rules capable of enshrining this principle of protection, as a way to ensure good conduct all economic and commercial operations at the internal and international levels.

PROTECTION OF THE CHILD OF UNKNOWN LINEAGE: THE CONVENTION ON THE RIGHTS OF THE CHILD AND ALGERIAN LEGISLATION

2024-05-17T07:03:49+00:00

The Algerian legislator has not overlooked the protection of children of unknown parentage. This issue has been addressed in many of its texts, both in family law and other laws. However, Algeria's ratification of the Convention on the Rights of the Child elevates its provisions above domestic law. The significance of this study lies in its focus on protecting a crucial segment of society, namely children of unknown parentage. Its aim is to assess the compatibility of Algerian legislative texts with the Convention on the Rights of the Child regarding the rules and mechanisms for their protection. Our findings indicate that the Algerian legislator has managed to reconcile the provisions of the Convention on the Rights of the Child without contravening Islamic law, particularly through the establishment of guardianship and prohibition of adoption.

CYBERCRIME IN INDIA IN THE CONTEXT OF THE BANKING INDUSTRY: A CRITICAL ANALYSIS OF CUSTOMER PERCEPTION.

2024-05-17T09:29:13+00:00

Globalization has made online banking an essential part of 21st-century life. His social relevance drove him to devise several means to communicate information, ideas, and expertise. New e-banking technology makes transactions quick and rapid with a click. Daily banking is easy with digital banking. Misuse of information technology in cyberspace is spawning national and worldwide cybercrime. Risks and challenges rise. The two principal regulations governing real-time electronic surveillance in other criminal investigations permit the use of search warrants to obtain access to the suspected crime scene of the burglar. As examples of evidence, the software utilized to illicitly access the system and the computer employed in the commission of the offense are also present. Present study examines cyberspace and customer perceptions of cybercrime. The survey found that customers need to be aware of cybercrime in online banking and personal financial data and how to protect themselves.

THE ROLE OF THE FOOD INDUSTRY IN ACHIEVING FOOD SECURITY IN ALGERIA

2024-05-19T08:55:53+00:00

Algeria, like many other countries, is striving to achieve food self-sufficiency with all available resources, whether natural, material or human, and thus food security, which allows it to maintain national sovereignty. This is reflected in a successful economic policy that is generally based on the agricultural and industrial sectors. The food industry, in particular, is one of the most important transformative industrial sectors, as it actively contributes to feeding people and aims to achieve the highest possible level of food self-sufficiency. This is despite the obstacles and difficulties it faces due to limited resources, lack of expertise and under-utilisation of available natural resources. There is also a dependence on external sources of raw materials, despite the fact that Algeria has the agricultural resources to meet the needs of these factories. The food industry faces many challenges in order to activate its role and contribute to the supply of food to Algerian consumers. This can be achieved by stimulating investment, promoting small and medium-sized enterprises and encouraging youth to engage in the agricultural sector in order to strengthen the food industry and achieve food security and nutrition in Algeria.

THE PRINCIPLE OF SPECIALTY IN EXTRADITION PROCESS: BALANCING THE RIGHTS OF THE EXTRADITED INDIVIDUAL AND THE STATE’S RIGHT TO PUNISH

2024-05-25T05:30:15+00:00

The extradition process is considered one of the most important procedural mechanisms established by international criminal law to combat the phenomenon of impunity and strengthen the state's right to impose punishment, thus upholding criminal justice as a whole. The accused person subject to extradition retains the right to a fair trial, which necessitates ensuring that the extradition procedures are accompanied by all the guarantees that protect the accused from any abuse or arbitrary actions by the requesting state.Among these guarantees are the principles of international complementarity, international cooperation in crime prevention, the principle of non-impunity for criminals, and the principle of specificity. The principle of specificity is one of the most important procedural and objective guarantees that protect the accused from manipulation that the requesting state may resort to in order to circumvent the objective prohibition imposed on certain crimes subject to extradition, such as political and military crimes. However, certain exceptions prevent the application of this rule in its entirety, in order to enhance the state's right to impose punishment.

BLUE ECONOMY AND THE OPENING OF NEW PROSPECTS IN BANGLADESH

2024-05-27T11:11:39+00:00

The concept of the blue economy is gaining importance globally as ocean-based resources are becoming an increasingly important source of economic growth and development. As a maritime nation, Bangladesh has vast potential for blue economy development. This research paper examines the prospects of the blue economy in Bangladesh and its potential to open a new era of economic development. The paper discusses the current state of the country's maritime sector, identifies the potential areas for blue economy development, and analyzes the challenges and opportunities ahead. The study asserts that the blue economy has the capacity to stimulate economic expansion, generate job prospects, and guarantee sustainable development in Bangladesh.

MIGRANT PUSHBACK OPERATIONS - A HUMANITARIAN APPROACH BASED ON A REPORT ON WAYS TO ADDRESS THE IMPACT OF MIGRANT PUSHBACK OPERATIONS BY LAND AND SEA ON HUMAN RIGHTS

2024-05-27T11:13:35+00:00

Utilizing a humanitarian approach, migrant pushback operations represent policies and measures that undermine the international protection afforded to migrants, including refugees, and breach international principles and obligations as established by international human rights and refugee laws. These operations typically involve the forced return of migrants to their countries or regions, or out to sea, and are marked by their rapid execution without providing access to judicial recourse due to the summary procedures employed.

CHANGING THE ACTIVITY OF A LAWYER IN CIVIL PROCEDURE IN THE DIGITAL AGE

2024-05-27T11:16:55+00:00

This article uses a multifaceted approach to analyzing the impact of digital technologies and artificial intelligence on the activities of a lawyer in civil cases. First, the impact of digital technologies and artificial intelligence on the transformation of the traditional legal profession and practice will be considered. Secondly, two key results of the revolution will be analyzed: the abolition of the lawyer's paid hour and the change in professional requirements for a lawyer. In addition, a number of recommendations on adapting the legal profession to modern digital technologies will be presented.

CHANGING THE SYSTEM OF PRINCIPLES OF CIVIL PROCEDURE IN THE CONTEXT OF DIGITALIZATION

2024-05-27T11:19:53+00:00

The purpose of this article is to analyze the changes in the system of principles of civil procedure, significant changes of which occurred after the COVID-19 pandemic. The study was conducted on the example of the US civil procedure. Even after the pandemic, when the use of technology has become widely encouraged around the world, courts are faced with the problem of how to conduct proceedings according to the new standards. From this point of view, this article also aims to consider the future prospects and challenges facing the courts in the era of post-pandemic and new technologies.

MODEL AND REGULATORY FRAMEWORK FOR SHARIA FINTECH PEER TO PEER (P2P) LENDING IN INDONESIA

2024-05-27T11:22:54+00:00

The use of financial technology or fintech not only provides benefits for individuals and companies, but also for the economy as a whole. In the Indonesian context, fintech has great potential to increase financial inclusion in society by providing easier and more affordable access to financial services. This can help reduce financial disparities and encourage inclusive economic growth. This research explores the importance of regulation in the context of Fintech Sharia Peer to Peer (P2P) Lending in Indonesia. The focus is on aspects of Islamic finance and community empowerment efforts through the P2P Lending platform. The research methodology used is library research, which involves collecting information from literature such as books, scientific journals and previous research reports. The regulations that are the focus of the research analysis include regulations from Bank Indonesia and the Financial Services Authority (Otoritas Jasa Keuangan/OJK), as well as fatwas from the National Sharia Council-Indonesian Ulema Council (DSN-MUI). Data from these sources is used to make inferences in this research. The research results show that regulations in P2P lending sharia fintech in Indonesia have a very important role. Strong and effective regulations not only provide protection to the community, but also ensure compliance with Islamic finance principles and strengthen community empowerment practices through P2P lending platforms. To support sustainable and inclusive development, it is important for the government and regulators to continue to evaluate and improve existing regulations. This must be done by taking into account the needs and aspirations of all relevant parties, so as to create a conducive environment for the development of P2P lending sharia fintech in Indonesia.

THE ROLE OF PUBLIC LAW IN REGULATING PUBLIC SERVICES

2024-05-28T06:48:59+00:00

Public law plays a critical role in the regulation of essential public services such as education, healthcare, transportation, and utilities. This article examines the legal frameworks and principles that govern these services, ensuring accessibility, efficiency, fairness, and accountability. By exploring historical developments, constitutional provisions, statutory regulations, and the function of administrative law, the article highlights how public law shapes the delivery and quality of public services. It addresses the challenges in balancing public and private interests, funding, adapting to technological advancements, and overcoming legal and bureaucratic hurdles. Through case studies from various regions, the article illustrates successful regulatory interventions and provides insights into emerging trends and policy recommendations for future improvements. Ultimately, it underscores the importance of robust public law mechanisms in safeguarding the public interest and enhancing the well-being of society.

LAW IN THE MAJAPAHIT KINGDOM DURING THE REIGN OF KING HAYAM WURUK (1350-1389) AND ITS RELATION TO THE DEVELOPMENT OF NATIONAL LAW IN INDONESIA

2024-05-28T06:51:08+00:00

Legal research in the Majapahit era can be an important thing to know the laws used, especially in Indonesia related to the development of national law, the law book found in the Majapahit era that was used to regulate people's lives was Kutaramanawa. can the law in the Majapahit kingdom during the reign of King Hayam Wuruk (1350-1389) be used as a reference for the development of National Law in Indonesia? is the problem under study. This research applies normative research, namely research on legal norms and principles with conceptual approach related to law at the time of Hayam Wuruk The data collected are secondary data obtained through literature research, which consists of primary legal materials in the form of laws and regulations in the field of law, and also through a historical approach. The nature of the research is descriptive which describes perna hukum di kingdom majapahit, which is then analysed qualitatively to obtain answers that can be scientifically accounted for, by drawing conclusions deductively. The results illustrate that basically the legal law in the Majapahit kingdom during the reign of King Hayam Wuruk (1350-1389) cannot be applied just like that, because the guidance of the times is different and the living conditions of the people are also different. What needs to be thought about is that his soul can live the national law that has not been realized until now.

MEDINA CHARTER: EARLY WORLD MILESTONE IN THE HUMAN RIGHTS CONSTELLATION

2024-05-29T06:27:39+00:00

The Medina Charter is a political and legal document containing a peace agreement amidst the plurality of the people in the city of Medina. The text was initiated by the Prophet Muhammad and became a historical and foundational record for the enforcement of human rights constellations in the world. The Medina Charter was an Islamic product to contribute to upholding human rights and had three perspectives. These three perspectives were mostly oriented to Islamic paradigms referring to the sources of the Qur'an and as-Sunnah. The concept of human rights has mainstream differences between Islam and the West, namely, historical mainstream seen from the background of its birth, theoretical mainstream which examines the basic theoretical basis for the birth of human rights, and philosophical mainstream to analyze the nature of the birth of human rights itself. The Medina Charter could be considered as the answer that the natural rights of individuals are a trust given by Allah, that should be safeguarded and developed.

LEGAL RECONSTRUCTION RELATED TO HANDLING GREENWASHING PRACTICES AS AN EFFORT FOR CUSTOMER PROTECTION IN INDONESIA

2024-05-29T08:15:25+00:00

There is currently a proliferation of businesses engaging in greenwashing practices in Indonesia. These practices are even carried out by large companies hiding behind products that claim to be environmentally friendly. Greenwashing practices have negative impacts on consumers in Indonesia. Faced with this situation, Indonesia has not had sufficient regulations to enforce laws against these greenwashing practices. The loopholes provide opportunities for businesses to engage in greenwashing practices. This research aims to inventory and explain the existing conditions related to the regulation of greenwashing in Indonesia and to develop a model to address greenwashing practices as an effort to protect consumers in Indonesia. This research used qualitative research with the specification of doctrinal legal research, where legislation becomes the main focus of the study. Therefore, the research collected and analyzed secondary data (primary and secondary legal materials) and then analyzds them qualitatively. The results showed that Indonesia has not explicitly prohibited greenwashing practices. However, there are two regulations indirectly related to greenwashing practices: Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 8 of 1999 concerning Consumer Protection. There is a need for regulatory strengthening to address greenwashing practices in order to provide consumer protection in Indonesia.

EXPLORING THE OUTCOMES OF BANGLADESH'S MARITIME SETTLEMENTS WITH NEIGHBOURING NATIONS

2024-05-29T10:00:28+00:00

Following its independence in 1971, Bangladesh embarked on a quest to establish its maritime rights, culminating in historic maritime settlements with Myanmar and India through the International Tribunal for the Law of the Sea (ITLOS) and the Permanent Court of Arbitration (PCA) in 2012 and 2014, respectively. These landmark judgments resolved longstanding disputes by delineating maritime boundaries, enabling Bangladesh to pursue the exploration and sustainable exploitation of offshore resources, including significant natural gas fields. These successes not only bolstered economic prospects and bilateral relations but also set a benchmark for regional maritime cooperation. Despite these victories, Bangladesh faces challenges in leveraging its maritime gains fully, hindered by gaps in government initiatives, technical know-how, and global collaboration. Addressing these challenges requires making Production Sharing Contracts (PSC) more appealing to International Oil Companies (IOCs), conducting thorough geological surveys, and implementing durable legal and regulatory frameworks to ensure sustainable and equitable offshore development. These strategic research moves are crucial for Bangladesh to maximize its maritime potential, promising a transformative impact on its economic landscape and securing long-term prosperity and energy security.

RELATIVE PRINCIPLE OF PROHIBITING A COMPANY FROM SUBSCRIBING TO AND PURCHASING ITS OWN SHARES IN ALGERIAN LAW

2024-05-30T02:18:09+00:00

The Algerian legislature has meticulously defined the parameters governing a company's ability to subscribe to and purchase its own shares, establishing a regulatory framework that both prohibits and permits such transactions under specific legal conditions. This dual approach ensures a balance between the prohibition of potentially abusive practices and the allowance for strategic corporate actions that align with the interests of all stakeholders, including shareholders and creditors.

The oversight role of the Securities Exchange Commission is critical in this context, as it monitors the activities of publicly traded companies to prevent any manipulative practices aimed at illegal speculation.

AN APPROACH BETWEEN ECONOMIC REGULATION IN ALGERIA AND THE PRINCIPLES OF GOVERNANCE (BETWEEN RESPONSE INDICATORS AND THEIR LIMITATIONS)

2024-05-30T06:24:40+00:00

Many countries, including Algeria, have witnessed a transformation of the state in economic and legal affairs and in the relationship between them. As a result, they have adopted a regulatory approach that expresses the new role of the state, manifested in the establishment of a hybrid institutional framework known as economic regulators to achieve the efficiency of its intervention and the effectiveness of its economic performance in the regulated sectors. This is linked to the extent of their responsiveness to the way in which the principles of good governance are exercised, which has been introduced in the context of comprehensive reforms, including the entrenchment of governance requirements.

This concurrent reform depends to some extent on the consideration of the solutions of these categories that replace the traditional bodies in organising this area as a legal context for achieving good governance. This requires research into the existence of indicators of this responsiveness through an approach between, on the one hand, the principles of governance and, on the other hand, the practice of regulation through the multiplicity of powers granted to it within a legal framework, in order to arrive at the reality that economic regulation is considered a mechanism for governance.

However, this responsiveness has been affected by some constraints that have touched the regulatory framework of economic regulators, through the ambiguity surrounding them and the relativity that has characterised their independence, in addition to the fluctuation recorded in the exercise of judicial control over their decisions and its restraint from the legislative authority.

“THE NATIONAL AUTHORITY FOR THE PROTECTION OF PERSONAL DATA IN ALGERIA. GUARANTEE FOR THE PROTECTION OF THE RIGHT TO PRIVACY AND NATIONAL SECURITY”.

2024-05-30T06:27:20+00:00

The Algerian constitutional legislator, in the 2016 constitutional amendment, established in article 46, paragraph 4, that “the protection of natural persons in the field of personal data processing is a fundamental right guaranteed by law and its violation is punishable.”

In consecration of this text, the Algerian legislator enacted Law No. 18-07 of 10/06/2018 on the protection of natural persons in the field of personal data, which aims to establish legal rules to ensure the protection of the rights of natural persons to their honour, reputation and private life in the field of personal data processing. This law, which provided for the creation of the National Commission for the Protection of Personal Data as a legal and institutional mechanism endowed with legal personality and financial and administrative independence, was entrusted with several competences in the context of the protection of the right to privacy of natural persons, as it is a fundamental right that requires legal protection. In fact, this authority was created in Algeria in 2022.

Therefore, this research study aims to clarify the National Authority for the Protection of Personal Data in terms of the reasons for its establishment and its concept in the first section. Its legal system and its impact in the second section.

DISCOURSE ETHICS ETHICAL DECISION-MAKING IN DELIBERATIVE DEMOCRACY

2024-05-30T14:18:52+00:00

This research was motivated by the situation of the General Election campaign on February 14, 2024 in Indonesia. The election includes the selection of the President and Vice President, Members of the Regional Representative Council, and Members of the People’s Representative Council simultaneously throughout the territory of the Republic of Indonesia. In accordance with the purpose of the General Election, democratic activities through voting by the citizens will determine the winners for the positions of president, vice president, regional representative council members, and people’s representative council members. These agreements on candidates are regulated based on Law No. 7/2017 and Article 22E of the 1945 Constitution. All of these regulations are legal norms derived from Pancasila, which serves as a moral norm. As a moral norm, Pancasila is a valid foundation for accepting Article 22E of the 1945 Constitution and Law No. 7/2017. The validity of this claim to Pancasila lies in its universal values accepted by all Indonesian citizens. Pancasila embodies the recognition of divinity, humanity, unity, democracy, and social justice for all Indonesian people. The values within Pancasila, as validity claims, legitimize the normative claims outlined in Article 22E of the 1945 Constitution and Law No. 7/2017 concerning General Elections. Therefore, the implementation of general elections as regulated by Law No. 7/2017 must reflect the values of Pancasila, which provide validity to the execution of the General Election on February 14, 2024 in all regions of the Republic of Indonesia. The issue lies in the fact that the implementation of Law No. 7/2017 does not align with the values of Pancasila, which is a national consensus serving as the legal basis. Consequently, various violations during the 2024 General Election campaign, such as vote-buying through money politics, intimidation of power, slander, and hate speech, must be criticized. By adopting discourse ethics, political education can strengthen citizen participation, respect plurality of views, and ensure that Pancasila values remain relevant in democratic political practice.

TYPOLOGY OF "DOORS" IN RESIDENTIAL AREAS OF KASHAN CITY (CENTRAL PART) FROM THE CULTURAL AND AESTHETIC PERSPECTIVE (QAJAR PERIOD TO PRESENT)

2024-05-31T10:19:31+00:00

Paying attention to the climatic conditions of Kashan and the mixing culture and art, has been common in the construction of houses and public buildings in this city since the past, which is no exception to the "door" of the building (as the most important part of the entrance). The buildings that have astonished visitors in the ancient monuments section of Kashan have once been the dwelling place of the people of this city. The problem we are dealing in this research : Typology and assessment of the condition of the doors in the residential areas of Kashan is the central part and how the process of making the doors changes and paying attention to its cultural and artistic function. The purpose of this research is to find out the process of door design change in residential areas, and to investigate the cultural and aesthetic functions of "doors" in Kashan, and finally to provide solutions in order to restore the cultural and artistic identity of doors in Kashan's architecture. The prevailing hypothesis in this research: It seems that in residential areas of Kashan, architecture and especially the entrance section of buildings ("doors"), over time has encountered a value fragile in terms of cultural and artistic function. The results showed that due to social, cultural, and political changes, and Traditional "doors" with artistic and cultural functions have been forgotten in the historical context of the city of Kashan or are not far from this path of decline, and in the best case if the traditional building is preserved, metal doors without artistic and cultural functions have been replaced it.

DOI: https://doi.org/10.52783/rlj.v12i02.4192

"CANNABIS LEGALIZATION AND PUBLIC HEALTH: ASSESSING THE RISKS AND BENEFITS"

2024-06-03T06:57:09+00:00

– In India, the Narcotic Drugs and Psychotropic Substances Act, 1985 criminalizes the use, possession, sale, and other commercial dealings of cannabis. This stand is taken even when elements like bhang present as a grey area of the NDPS Act, as the same is not deemed illegal. This raises the question of whether cannabis in general should be legalized in the nation. This discussion explores the Indian laws pertaining to cannabis, along with exploring the debate on the legalisation of cannabis.

LABOR LAW ON UNDERAGE WORKERS IN VIETNAM – REALITY AND SOLUTIONS

2024-06-03T06:59:38+00:00

Underage workers can be considered as special subjects in labor legal relations compared to the legal capacity of other legal relations in the Vietnamese legal system. This is also completely consistent with international labor practices, especially since Vietnam officially joined the International Labor Organization in 1992, with the ratification of the conventions of this organization, relating to the field of labor in general, child labor or underage workers in particular, contributing significantly to the improvement of the legal basis for ensuring the rights and legitimate interests of underage workers. That is why Vietnam has gradually concretized its commitments on human rights in labor relations, contributing to the improvement of labor laws. However, the reality shows that the situation of violations of the rights of underage workers is still taking place, which leads to the rights and legitimate interests of underage workers not being guaranteed. In this article, the authors hope to contribute to improving the law to better protect the rights and interests of underage workers in Vietnam in the coming period.

SOVEREIGNTY VS. HUMAN RIGHTS IN THE ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS

2024-06-03T07:02:38+00:00

The Association of Southeast Asian Nations (ASEAN) established the first regional human rights mechanism in the last region of the world to not have a mechanism in 2007 with the signing of the ASEAN Charter. The ASEAN Intergovernmental Commission on Human Rights (AICHR) was formally established in 2009. The first order of business for the newly established commission was to draft a human rights declaration for the region and its member states. Since AICHR’s establishment practitioners, scholars and commentators have not been impressed with the commission’s work. In the 15 years since being established AICHR has not moved past promotional activities towards protection of human rights. This paper seeks to explore the intersection between human rights and state sovereignty in ASEAN.

HISTORICAL DEVELOPMENT OF THE ROMAN-DUTCH LEGAL TRADITION IN SRI LANKA

2024-06-03T07:05:39+00:00

This study explores the significant influence of the Roman-Dutch legal heritage on Sri Lanka's legal system from its inception in 1602 A.D. by the Dutch. The Dutch East India Company's creation and subsequent dominance over the Maritime Provinces permitted the assimilation of Roman-Dutch law, which continues to serve as the basis for many present-day legal frameworks in Sri Lanka. The Portuguese discovery of the maritime route to India and the resulting European need for spices sparked the Dutch-Portuguese competition, which ultimately led to the establishment of the V.O.C. in 1602.

The V.O.C. had significant authority, creating administrative and judicial systems to maintain law and order among European merchants and native residents. Although the island had divided sovereignty, the Dutch established a legal system that operated on two levels. They applied Dutch laws to both Europeans and indigenous people, while also acknowledging and respecting native customs and traditions. During this era, there was a limited formalisation of traditional laws, including the Theswalamai for Tamils and modified versions for other ethnicities, highlighting the diverse legal legacy of Sri Lanka.

The study examines the intricate cohabitation of Roman-Dutch law with other legal systems, including as English law, Kandyan law, Muslim law, and Thesawalamai, which represent the broad socio-cultural makeup of Sri Lanka. The research emphasises the lasting impact of influential legal scholars such as Grotius and Voet, and the continuous development of the legal system in response to current needs and worldwide patterns. The incorporation of traditional rules into the wider legal system exemplifies the inclusiveness and flexibility that define Sri Lanka's legal progress, reflecting its abundant cultural and religious variety. This historical summary highlights the intricate and ever-changing nature of Sri Lanka's legal system, which has been influenced by centuries of colonial and post-colonial legal diversity.

COMPARATIVE ANALYSIS OF VAT ON DIGITAL SERVICES BETWEEN TWO EMERGING LATIN AMERICAN COUNTRIES

2024-06-03T07:07:52+00:00

Purpose: the objective is to analyze the central aspects of Law 825 of 1974 of Chile, and Colombian Decree 624 of 1989, to identify the differences and similarities in VAT taxation on digital services of two emerging countries. Design/Methodology: the method used is documentary review, due to the use of laws, circulars, and resolutions, that seek to highlight the relevant aspects of the regulations. Results: The comparison between Chile and Colombia was made given that in both countries digital services are charged with VAT. In accordance with the analysis of the regulations in both countries, referring to the aspects that allow taxation of digital services, Chile addresses a more complete registration modality to the regime in terms of the data requested from the service provider. Implications: differences between tax regimes in developing countries can be considered to advance digital accounting. Originality: there are no studies that address this topic in Latin American countries.

IMPACT OF FINANCIAL, HUMAN AND SOCIAL CAPITAL ON ENTREPRENEURIAL INTENTION OF EGYPTIAN LATE ENTREPRENEURS WITH MEDIATION ROLE OF INNOVATIVE IDEA AND MODERATING ROLE OF FEAR OF FAILURE

2024-06-03T07:11:10+00:00

The purpose of this research is to empirically investigate the entrepreneurial intention of Egyptian late entrepreneurs about motives and barriers given the importance of Entrepreneurship for economic flourishing and the omitted segment of late entrepreneurs from the scientific arena. The objectives of this research are: to investigate how Financial Capital “FC”, Human Capital “HC”, Social Capital “SC” affect the Intention of Egyptian Entrepreneurs, to examine how financial Capital “ FC”, Human Capital “HC”, Social Capital “SC” affect Innovative Idea “II”, to identify how II affects Intention of Egyptian late Entrepreneurs, to examine the mediation role of II in the relation among FC, HC, SC and Entrepreneurial Intention of Egyptian late Entrepreneurs, to test the moderation role of Fear of Failure in the relation among FC, HC,, SC and Intention of Egyptian late Entrepreneurs, . The study followed the quantitative approach and data gathered from a survey of 391 acceptable responses. The results were analysed employing structural equation model analyses (SEM) using analysis of moment structures (AMOS) software. Findings revealed that all hypotheses are statistically supported. the findings offer insights for practitioners and policymakers on fostering entrepreneurship among late entrepreneurs, particularly through the development of IIs. Additionally, understanding the key drivers of EI in later life can inform the development of programs and initiatives specifically tailored to support aspiring late-stage entrepreneurs in Egypt.

TRENDS AND RESEARCH LINES ON TRIPLE BOTTOM LINE: A BIBLIOMETRIC ANALYSIS OF THE MANAGEMENT AND BUSINESS AMBIT

2024-06-03T07:15:27+00:00

Purpose: to analyze the evolution of research on the “Triple Bottom Line” between the years 2000 and 2022. Design/methodology/approach: a bibliometric analysis was performed with 455 Web of Science’s articles, that containing at least one of the keywords considered (triple impact management*, triple bottom line* or b corp*). VOSviewer software was used to analyze the data. Findings: The research on this topic has evolved increasingly. The last time period (2012-2022) concentrates 88.8% of all scientific productivity, as well as 62.7% of authors, 87.9% of journals, 68.7% of institutions and 61.5% of citations. The lines of research that can be detected, and on which work should continue, are: triple bottom line management models, green supply chain performance, innovation strategy for sustainability, and, sustainability, corporate social responsibility and financial performance. Originality: There are no publications that indicate the most relevant lines of research on Triple Bottom Line.

THE ROLE OF THE COUNCIL OF STATE IN ACHIEVING THE BALANCE BETWEEN THE PROTECTION OF RIGHTS AND THE PRESERVATION OF PUBLIC ORDER IN MATTER OF POLITICAL PARTIES DISPUTES

2024-06-05T06:44:33+00:00

In order to preserve rights and freedoms- in particular those in relation to the creation of a political party- the legislator granted the State Council several powers vis-à-vis the administration, considering the power of decision in appeals concerning political parties’ disputes. The legislator has in fact surrounded these disputes with specific measures, in organic law n° 12/04 relating to political parties. Although the desired objective of this judicial control is the strengthening of the principle of legitimacy and the achievement of the balance between the preservation of rights and freedoms on the one hand, and the requirements of the preservation of public order on the other hand. It is however clear that this involves certain difficulties likely to reduce the effectiveness of the role of the Council of State in protecting the right to create a political party.

THE IMPACT OF STATE TERRORISM ON REGIONAL SECURITY: ( THE SYRIAN REGIME POST-2010 AS A CASE STUDY).

2024-06-08T07:55:39+00:00

The state terrorism concept refers to deeds of violence that the state undertakes against its citizens or foreign targets. The state resorts to terrorism to destroy the collective will of the people and paralyze its political effectiveness, as the country turns into a large prison, in which the authority exercises all ways of the psychological and physical torture, and carry out massacres. Over the past twenty years and under the emergency law and conventional law, human rights and fundamental freedoms in Syria, have witnessed continuing violations. This research will shed a light on violence in which practiced by the Assad regime (father and son) and answering the questions that, is state terrorism is a new phenomenon to the Assad regime?, what are the effects and consequences of organized terrorism on the globalization of terrorism in the regional and international environment?

The hypotheses of the research are:

For several decades the Syrian regime has practiced organized terrorism (state terrorism), but after 2011 the circle of repressive practices in all its forms expanded, which show in an unprecedented way, the terrorism actions of the Syrian state.
Without international coalitions and without regional and international support, the state terrorism of the Syrian government would not have existed. In addition, the terrorism of the Syrian state left a direct impact on the emergence of terrorist groups and organizations that practiced international terrorism, which means the terrorism act of the regime, had fueled international terrorism (the globalization of terrorism).

The research conclusion is that, the state terrorism in Syria began when the Assad family took power in Syria, and it practiced repression and violence in a planned and systematic way that symbolized state terrorism in Syria. The events of 2011 did not generate state terrorism, as that state terrorism existed before this period, but rather revealed the true face of the Assad regime and its organized terror acts against its population; this affected the emergence of another terrorist phenomenon, which organized by those groups and organizations against the Syrian regime and soon recognized themselves as a state (the Islamic State in Iraq and the Levant/ISIL). This state practiced terrorism on a high and brutal level, and with its ideas, actions and criminal activities exceeded all international moral, religious and legal standards; subsequently, the ideas, actions and activities of this so called ISIL, threatened the whole world.

CHALLENGES ENCOUNTERING IMPLEMENTATION OF ELECTRONIC MANAGEMENT IN HUMAN RESOURCE

2024-06-10T06:44:50+00:00

The quality and effectiveness of administrative work necessitate a shift towards digitizing management through the dedication of modern technology to ensure the speed and transparency of administrative services. This has led Algeria to adopt and consolidate the concept of electronic administration, gradually moving away from traditional management with its complexities and drawbacks, including time wastage and bureaucracy. The integration of human resource management with the idea of electronic administration represents the development of electronic human resource management (E-HRM) by enhancing the administrative apparatus and strengthening its human capabilities.

The topic of electronic administration in human resource management remains a subject of academic interest, particularly from a legal perspective, due to its novelty and importance. The study emphasizes the need to define the concepts by defining electronic administration and related terminology, as well as defining electronic administration in human resource management. Furthermore, the study examines the challenges faced by Algeria in adopting this concept as a manifestation of the Algerian e-government project and the obstacles encountered in its implementation.

THE ALGERIAN ADMINISTRATIVE JUSTICE SYSTEM AND ITS PROCEDURES ACCORDING TO THE LATEST AMENDMENTS TO THE CIVIL AND ADMINISTRATIVE PROCEDURE LAW 22/11

2024-06-12T06:34:47+00:00

The Algerian legislator adopted the principle of judicial duality in the 1996 Constitution (1) by establishing an administrative judiciary independent of the ordinary judiciary. This system was embodied by the establishment of judicial structures represented by the Administrative Court and the Council of State, where the issue of interference with the principle of judicial duality was raised, as well as the violation of the constitutional principle based on the principle of judicial duality as embodied in the ordinary judiciary, with the court as the first instance and the Council of State as the second instance for litigation, and the Supreme Court as the court of cassation.

This made it necessary to examine whether the legislator had actually enshrined the principle of the two-tier system of litigation in the Constitution of 2020 by providing for administrative courts of appeal and, consequently, making the Council of State a judicial body that evaluates the actions of the administrative judicial authorities.

RULES FOR THE PROTECTION OF UNDISCLOSED INFORMATION AND ITS RELATIONSHIP TO THE PHARMACEUTICAL INDUSTRY

2024-06-12T06:36:44+00:00

The pharmaceutical industry is one of the most important vital industries at the local and global levels due to its close link to human health. International companies have worked to protect their pharmaceutical innovations and inventions, especially undisclosed information, by controlling global markets for pharmaceutical products and achieving more profits, without taking into account the conditions and conditions of developing countries.

Hence, comparative legislation has developed special protection for undisclosed information, including preventing others from violating these secrets and information using dishonest methods and practices through the lawsuit of unfair competition, and the TRIPS Agreement has also set out special rules for the protection of undisclosed information that is obligated to submit to government agencies and concerned authorities to obtain a license to market medicines.

RECONSTRUCTION OF CRIME PREVENTION POLICIES THROUGH RESTORATIVE JUSTICE THAT IS EQUITABLE AND WITH LEGAL CERTAINTY (STUDY OF CRIME PREVENTION IN THE NATIONAL POLICE OF THE REPUBLIC OF INDONESIA)

2024-06-13T04:16:32+00:00

Criminal policy or criminal politics as an effort to prevent and control crime is essentially an integral part of efforts to protect society (social defence) and achieve social welfare, both of which are integral to social politics (social policy). This is related to the criminal justice system, carried out by the police as the front guard in maintaining security and social order in society and law enforcement. Legal reform by the Police through Restorative Justice is a new instrument for realizing social justice. Therefore, the first formulation of the problem in this paper is a) what are the policies for combating crime in the National Police of the Republic of Indonesia through Restorative Justice and legal certainty? b) How is the reconstruction of crime prevention policies in the national police of the Republic of Indonesia through Restorative Justice that is fair and has legal certainty? Methodologically, this research uses a qualitative approach, with a qualitative research design and literature study. Collecting data: a) In-depth interviews; b) Observation; c) FGD and RTD; d) literature study. The research results show several findings: First, very few cases still use alternative dispute resolution for criminal acts. Second, it is essential to have a legal and regulatory policy framework based on restorative justice, fairness, and legal certainty. Third, Pancasila is important as the basis for the state to participate in formulating restorative justice that is fair and has legal certainty.

JURIDICAL STUDY OF SETTLEMENT OF NON-PERFORMING LOAN BY DIGITAL BANK IN CONTINUATION FINANCING COOPERATION (CHANNELING) TO FINANCIAL TECHNOLOGY PEER-TO-PEER LENDING IN INDONESIA

2024-06-13T04:18:19+00:00

This research aims to find out and examine the arrangements for settling non-performing loans in cooperative financing (channeling) by digital banks for peer to peer lending in Indonesia. This research also examines the settlement of non-performing loans by digital banks in channeling financing cooperation for financial technology peer to peer lending in Indonesia. This research is normative research with a conceptual and statutory approach. The results of this research show, first, that there are no special regulations governing channeling financing by digital banks for P2P lending in Indonesia. Arrangements regarding NPL settlement are regulated in the cooperation agreement between P2P lending as the organizer and the digital bank as the fund provider which is set out in an electronic document and regulated in the lending and borrowing agreement between the digital bank and the borrower which is set out in the electronic document. Both digital banks as funders have the right to collect or settle NPLs based on electronic documents, however, based on the cooperation agreement, digital banks can authorize p2p lending as the provider to be able to make the necessary efforts by the lender to collect all obligations. Owed by the borrower. There are two ways to take if there is a default situation for the borrower, the first way out is to revitalize the credit which is carried out before more than 90 days from the maturity date by rescheduling, reconditioning or restructuring. Second way out efforts in the form of legal action in litigation with simple lawsuits or non-litigation such as negotiations or alternative settlements at LAPS-SJK which can be carried out through mediation, arbitration or binding opinions.

LEGAL PROTECTION OF PUBLIC ENDOWMENT IN ALGERIA

2024-06-16T05:59:41+00:00

The topic of this research paper revolves around the role of the legal system in protecting public endowment in Algerian legislation. It is a serious attempt to understand the efforts of the Algerian legislature through the existing legal system in protecting public endowment, which aims to achieve the public interest for which it is dedicated, by withholding ownership indefinitely seeking the pleasure of Allah Almighty. Hence, the importance of researching the element of protection arises through the fundamental problematic it poses, aiming to uncover the mechanisms and means adopted by the Algerian legislature in protecting public endowment as a charitable contract. To address the problematic issue, we delve into the constitutional protection of public endowment in Algeria, then uncover the protection of public endowment in general and special legal texts, leading to the protection of the independence of public endowment in general laws.

ARBITRATION AND INTERNATIONAL COMMERCIAL ARBITRATION IN THE UNITED ARAB EMIRATES: EMERGENCE, ESTABLISHMENT, REFORMS IN THE CONTEXT OF DIGITALISATION

2024-06-16T06:02:35+00:00

The purpose of the research is to analyse the process of formation of the institution of international commercial arbitration, using the example of two free economic zones of the United Arab Emirates – Abu Dhabi and Dubai. The study analyses the key conditions and events that determined the possibility of formation and development of commercial arbitration institutions, which, in a country with a legal system based on Sharia law, are usually subject to the rules of common law. Targeted government policy aimed at improving the first-of-its-kind institutions of justice, including through reforms, enabled the courts over a period of twenty years to go from being established in newly created free economic zones to becoming leaders among all international commercial arbitration institutions.

LIMITATION OF NOTIFICATION LETTER FOR THE COMMENCEMENT OF INVESTIGATION AS A REACTUALIZATION OF HUMAN RIGHTS IN PRE-PROSECUTION

2024-06-16T06:06:00+00:00

An investigation is conducted to obtain evidence and determine the suspect of a criminal offence, where the criminal justice system places investigation at the initial stage and then continues to prosecute, examine in court, and execute. Investigations before prosecution first pass through pre-prosecution, a stage of assessment by the prosecutor of the investigation file. Problems in pre-prosecution in Indonesia are not only that the file undergoes an almost unlimited review, but also that the investigation file is sent several times through the Notification Letter for the Commencement of Investigation (Surat Pemberitahuan Dimulainya Penyidikan - SPDP). This article is legal research that reviews two issues, namely the impact of multiple SPDP issuances on the progress of pre-prosecution and the relevance of SPDP restrictions as a protection of human rights. The data used included regulations, criminal case files, and references. This article reveals that SPDP in practice is sent several times to the prosecutor so that the operation of the criminal justice system reaches a point of legal uncertainty that is detrimental to all parties, such as the increasingly tense competition between prosecutors and the police and the unclear case for the reporter who is the victim and suspect. In the future, the SPDP needs to be revised as part of the Draft New Criminal Procedure Code currently being discussed between the Government and the House of Representatives. The SPDP should only be issued once for the same case and suspect, to respect and protect human rights and strengthen human values in the development of criminal procedure law in Indonesia.

ASPIRING TO WORLD CLASS EDUCATION: CHALLENGES FOR THAI UNIVERSITIES TRYING TO COMPETE IN WORLD RANKINGS

2024-06-16T06:08:05+00:00

Over the past decade, Thai universities have faced a dual challenge of implementing measures to enhance education quality while grappling with a decline in global rankings. The economic slowdown in the last two decades has prompted a call for educational reforms in Thailand to bolster the quality of the workforce. Since 2020, there has been increased pressure on the Thai higher education system to improve graduate quality and compete internationally. This has led to substantial investments, the introduction of a Thai quality framework, and a focus on sustainable development goals to overcome challenges associated with the middle-income trap. This article argues that inherent policies and practices within Thai academia hinder upward mobility in global rankings. It raises critical questions about how Thailand can integrate its cultural requirements into the pursuit of higher rankings, adapt to internationalization without merely following Western standards, and reconcile with the prevalent influence of Anglo-Saxon paradigms in Asian academic practices.

THE ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS: 15 YEARS AND STILL NOT MUCH TO CELEBRATE

2024-06-16T06:10:31+00:00

At the time of writing the ASEAN Intergovernmental Commission on Human Rights is in its 15^th year of operation. This is a timely moment to reflect upon the previous decade and a half progress of the world’s youngest regional human rights organization. Upon establishment AICHR raised the hope of many in region that there would finally be an organization that could protect human rights in ASEAN states from abuse by those same governments. That hope was quickly tempered with the adoption of the ASEAN Human Rights Declaration in 2012. However, over the next decade AICHR has been active and it is a good time to reflect on positive and negative points since establishment.

THE LEGAL SYSTEM OF ELECTRONIC BILL OF EXCHANGE

2024-06-16T06:12:08+00:00

The present study is conducted to define and present the concept of e-asphalting. It tends to indicate the extent of its subjection to the commercial law that is applied on the common asphalting. Thus, the results have revealed that the electronic bill of exchange consists of two versions, and e-version and a magnetic one that is based on an electronic pillar. The latter is used by the banks, posts, and the public treasure. In addition, the Algerian legislator has aimed to organize the bill of exchange that is built on the law instruction provided by the Algerian Bank, Number 01-2020 that is accredited on the 16^thFebruary 2020 modified and accomplished.

THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN CYBERSPACE: A CRITICAL STUDY WITH SPECIAL REFERENCE TO INDIAN LEGAL FRAMWORK

2024-06-16T06:16:10+00:00

The virtual space where all electronic communications take place is referred as “Cyberspace”. It is not possible to determine its spatial location and composed of intangible entities, i.e., computer, internet, websites and information etc. It provides the platform where people can share information, conduct business, and create artistic media. The common legacy of human is often misused by certain individuals, making it a new frontier for many types of cyber-crimes. The technological inventions made human life comfortable but also brings challenges to legal field. In the absence of geographical barrier to commit cyber-crimes in cyberspace, it is a herculean task to cope with cyber-criminals. These crimes include attack on the personal information. In the present era, individuals worldwide have the ability to engage in real-time communication via a wide range of technological gadgets. Within a matter of seconds, a piece of information published by a solitary human has the potential to spread rapidly and widely throughout the internet. Despite the significant impact of Information Technology on our daily lives, just a few individuals possess comprehensive knowledge about computers and the internet. Hence, it is imperative to conduct a methodical examination and thoroughly analyse the fundamental attributes of cybercrime, as well as establish comprehensive legislation aimed at safeguarding intellectual property rights inside the digital realm.

The author has tried delt with the techno-legal protection measures to protect the intellectual property rights, access control, examining situations after enactment of the intellectual property regulations specifically information Technology Act., and concludes with that the techno-legal measures used to access control mechanism may be appropriate answer in the light of piracy menace but whether it is on the cost of doctrine passing off, fair use, if so then precautions have to be taken to balance the both rights.

PUBLIC SERVICE BROADCASTING IN THE AUDIOVISUAL SECTOR: LEGAL FRAMEWORK AND PRACTICAL IMPLEMENTATION IN ALGERIA

2024-06-17T03:50:56+00:00

This article delves into the complex interplay between legal structures and practical applications regarding public service broadcasting (PSB) within the audiovisual sector in Algeria. Emphasizing the legal and operational challenges, it addresses how the functions of PSB are influenced by existing laws, regulations, and real-world practices in the country. The study highlights the impact of technological advancements, market competition, and political dynamics in a media environment characterized by monopolistic control over television and radio broadcasting.

In light of the proliferation of digital platforms and evolving media consumption habits, the role and relevance of PSB have significantly transformed. This paper examines the challenges and opportunities in delivering PSB amidst these changes, drawing insights from case studies and various jurisdictions' strategies. By analyzing these diverse approaches, the study sheds light on the critical factors shaping the efficacy and sustainability of PSB models in contemporary media landscapes.

Moreover, the article assesses the influence of audience preferences, technological advancements, and market forces on PSB. The insights from this research provide a nuanced understanding of the legal, regulatory, and operational frameworks that underpin PSB. This comprehensive analysis offers valuable guidance to policymakers, industry stakeholders, and scholars navigating the intricacies of public service broadcasting in the digital era.

ILLEGAL IMMIGRATION BETWEEN LEGAL CRIMINALIZATION AND THE PROBLEM OF LINGUISTIC COMMUNICATION

2024-06-17T06:42:58+00:00

There are various causes and manifestations of violations associated with illegal immigration. Many nations criminalize unauthorized entry into their territories. However, it is essential to view illegal immigrants as victims of extraordinary circumstances and conditions before considering their actions through a criminal lens. The study aims to underscore key strategies for shifting public perceptions concerning illegal immigration. This entails embracing a human rights-oriented approach and minimizing the reliance on security measures, surveillance, and punitive legal procedures. The findings advocate for governmental action. It emphasizes the imperative of aligning migrant rights with universal human rights principles, emphasizing their inherent inseparability. Furthermore, the study urges the decriminalization of illegal immigration, advocating for its treatment solely within the realm of civil and administrative violations.

Since illegal immigrants face many problems, the research had to raise the problem of linguistic communication, as most illegal immigrants do not speak the foreign languages of the countries they moved to.

To address these issues comprehensively, the study will employ a descriptive analytical approach, deemed most suitable for examining its overarching framework.

THE LEGAL FRAMEWORK OF THE CONCEPT OF CORPORATE GROUPINGS: A STUDY OF THE DE FACTO GROUPING AS A MODEL

2024-06-24T09:50:27+00:00

Corporate groupings represent an innovative phenomenon in economic organization and constitute a form of economic concentration, arguably the most prevalent. These groupings consist of a collection of legally independent companies that are economically interconnected. A corporate grouping does not possess a separate legal entity nor does it enjoy legal personality. Instead, it operates based on the concept of control, where the parent company, which heads the grouping, exerts control over other companies, known as subsidiaries, utilizing various means derived from commercial law.

THE SPECIFICITY OF INTERNATIONAL HUMANITARIAN INTERVENTION IN THE LIGHT OF CURRENT INTERNATIONAL TRANSFORMATIONS

2024-06-25T06:03:47+00:00

The phenomenon of humanitarian international intervention is one of the manifestations that have helped the international community to solve many international problems and crises that posed a real danger to the security and stability of most peoples and societies, especially if we know that these tensions have been witnessed in many different regions of the world. It is worth noting that this intervention includes humanitarian aid, as it is often carried out under a legal cover established by the United Nations in order to give it a character of legitimacy. In light of this, we find that international transformations have had a direct impact on international humanitarian intervention, and this is the subject of our current study, which we are about to address.

INTEGRATING THE CONCEPTS OF DIGITAL TRANSFORMATION IN THE FIELD OF HUMAN RIGHTS: DIGITIZATION AND ARTIFICIAL INTELLIGENCE

2024-06-26T06:37:17+00:00

With the advent of the Internet and modern digital information technology, states and their policies towards their agencies and citizens have undergone a radical transformation in their patterns of thinking and action. Knowledge, coupled with the paths of globalization and its effects on technological development, known as the fourth industrial revolution, has led to the creation of a digital world driven by technological transformation. This transformation has impacted all fields of human rights through innovation and creativity, enhancing the transfer of information, boosting production, removing temporal and spatial barriers, and developing new systems based on big data and dense information. These systems include artificial intelligence and the experiences of countries in achieving human digital security, which protects and safeguards human rights everywhere by employing smart digitization systems.

THE ELECTRONIC MONITORING SYSTEM USING THE ELECTRONIC BRACELET IN LIGHT OF LAW 18-01

2024-06-26T06:40:03+00:00

The use of modern technologies is one of the matters imposed by the technological revolution in various aspects of life, both internally and externally. It was necessary for the criminal law to benefit from these modern technologies to achieve its goal in the field of combating crime. One of the forms of this benefit is the electronic monitoring system through the electronic bracelet as an innovative and alternative mechanism to implement custodial sentences outside penal institutions. This mechanism was adopted by the Algerian legislator and included in the Prison Organization Law No. 08/01, where this study specifically defines the provisions related to this system.

THE CRIMINAL LIABILITY OF THE DOCTOR FOR ISSUING A FALSE MEDICAL CERTIFICATE FOR FAVORITISM IN ALGERIAN LEGISLATION

2024-06-27T07:10:42+00:00

Although the law grants doctors the authority to issue medical certificates that describe a person's condition or grant them a certain legal status, this authority is restricted in some cases, especially when it involves certificates containing incorrect or false information. The trust that society places in doctors is not absolute and without condition. The reason for limiting a doctor's authority in this area is due to the significant impact of such documents and the potential rights, benefits, and undeserved legal statuses that a false medical certificate could grant its holder. To prevent manipulation of these documents, the Algerian legislator intervened by issuing a set of legal provisions that regulate and penalize any illegal and unlawful issuance and delivery of these documents. The most recent legislation in this area is Law No. 24-02, dated 26/02/2024, which addresses the fight against forgery and the use of forged documents. In this paper, we will study and analyze the crime of a doctor issuing and delivering a false medical certificate for the purpose of favoritism. We will outline the conditions and elements of this crime against the doctor and the penalties prescribed for the perpetrator under Algerian law.

FORESIGHT AS A PLANNING TOOL: A KEY ELEMENT FOR THE DEVELOPMENT OF FUTURE STRATEGIES IN THE EDUCATIONAL SYSTEM.

2024-06-28T14:22:04+00:00

This article is part of an investigation that seeks to analyze the advances and challenges that exist in the Colombian educational system, based on the use of the strategic foresight methodology, which allows for an initial diagnosis, the identification of trends, and the establishment of future strategies that contribute to the achievement of these objectives. Based on the voluntarist prospective school, a specific methodology combined with the use of specialized software is applied to determine viable strategic actions that ensure the fulfillment of these objectives. This article focuses on the educational sector in Colombia, proposing initiatives and actions to improve the quality of the educational system at all levels. Preliminary results provide valuable information that contributes to a better understanding of the phenomenon under study, leading to the development of strategies and programs to strengthen the Colombian educational system.

IDENTIFICATION OF FACTORS AFFECTING E-AUDITING AMONG GOVERNMENTAL AND GOVERNMENT-DEPENDENT ORGANIZATIONS IN IRAN

2024-07-02T11:05:05+00:00

The present study investigates the effect of electronic audits on financial health in public organizations in Iran. This study is a mixed research and the research design is exploratory. The statistical population of this study includes two sections. In the qualitative section of the study, the opinions of experts dealing directly with the study subject for many years in public organizations of Lorestan province, Kuhdasht City were used. Based on the obtained statistics, the total number of village offices in Lorestan province is 800. The number of village offices in this city is 156. In the qualitative section, saturation sampling was used. In the quantitative section, to fit the model based on the criteria extracted from the qualitative section, the opinions of managers and employees of public organizations in Lorestan province, Kuhdasht city, were used. In the quantitative section of this study, random and convenience sampling was used to select the sample due to the limited population of the study. The data were collected using a semi-structured questionnaire and field interviews in the qualitative section. To analyze the data in the qualitative section, the grounded theory method was used, and in the quantitative section, PLS Software was used. The results of the open coding of the qualitative data collected through interviews revealed 62 primary codes among 171 concepts identified. These 62 primary codes were classified into 10 categories. They included electronic audit information, electronic audit infrastructure, audit-related factors, auditor ethics, environmental factors, organizational factors, positive outcomes of electronic audit, limiting financial deviations, technical affairs of electronic audit, and rules and regulations. Based on the interviews conducted and the opinions of the experts, 10 categories were extracted. The results of the quantitative section indicated the fit of the model and the relationship between the study variables.

EPISTEMOLOGICAL FOUNDATIONS OF EXPLANATION JIHAD BASED ON NAHJ AL-BALAGHA IN ORDER TO DETERMINE THE ROLE OF THE EDUCATION SYSTEM IN ITS REALIZATION

2024-07-02T11:06:18+00:00

The purpose of the current research is to explain the epistemological foundations of Jihad Tabin based on Nahj al-Balagha in order to determine.The role of the education system is to realize it. The research method is analytical and inferential. Findings.The research showed that the epistemology of Jihad means the true understanding of Jihad and righteous intentions. Also Explanation Jihad has a high position in Nahj al-Balagha in sermons and letters. Education system and Training can be used to train people who have explanatory behavior (including words and deeds).

He cultivated the tendency to explain in them, and the necessity of the tendency to explain is to cultivate insight It is an explanation; That is, for education based on jihad, explanation should be given to the vision of explanation in the system Education was attentive. Therefore, there are requirements for developing explanatory insight based on Nahj al-Balagha was counted, which include: awareness, task orientation, questioning, conversation and debate.

Argument, authenticity and reference, audience orientation, situational and time measurement. Research results It showed that explanation jihad plays a significant role in the realization of explanation jihad.

ABUSE OF AUTHORITY OF THE VILLAGE HEAD IN MANAGING VILLAGE FUNDS IN DELI SERDANG DISTRICT AND CRIMINAL ACCOUNTABILITY

2024-07-02T11:07:43+00:00

Explaining the issues related to the rule of law in financial management is very important. This is because every financial management has responsibilities and regulations in its implementation. This study describes the legal rules that address accountability for financial misuse by village heads. Collecting data in this study using sociological juridical methods. That is, data comes from primary and secondary sources. The findings in this study include that the laws that apply in regulating the authority of the village head are good. However, the facts show that many village heads need to understand their duties in carrying out their positions based on the applicable laws and regulations.

REVIEWING JUSTICE: CHALLENGES IN IMPLEMENTING THE JOB COPYRIGHT LAW IN NORTH SUMATRA

2024-07-02T11:09:28+00:00

This research seeks to investigate the application of the Job Creation Law in the employment context in North Sumatra Province and its evaluation through the lens of justice theory. This study aims to explore the gap between proposed policies and the reality of their implementation, as well as their impact on social and economic justice for workers. The research methods used include qualitative analysis of secondary data, including in-depth literature reviews and comparative studies with previous regulations as well as observations of applicable social dynamics. The research results show that, while the Job Creation Law carries the potential to modernize the labor market and increase investment, there are substantive concerns about lowering worker protection standards and the risk of increasing social inequality. This study suggests that to achieve harmonization of policies and work practices, greater constructive efforts are needed to ensure that legislative reforms are aligned with the principles of fair and equitable justice for all parties concerned.

MODEL OF STRENGTHENING GAKKUMDU CENTER AS AN ELECTION LAW ENFORCEMENT AGENCY FIQH PERSPECTIVE SIYASAH DUSTURIYAH

2024-07-02T11:10:32+00:00

One of the important roles in the implementation of elections and regional elections is the Integrated Law Enforcement Center (Gakkumdu Center) formed with a function as an examining organ as well as a prosecutor in cases of alleged election crimes consisting of elements of Bawaslu, the Police and the Prosecutor's Office. This research is a field research that describes and describes the situation and phenomena more clearly about the situation that occurs. This study studies the strengthening of gakkumdu centers as election law enforcement agencies from the perspective of fiqh siyasah dusturiyah. The research method uses qualitative descriptive. This study used a purposive sample. The informants in this study are: Key Informants: 3 Bawaslu leaders, Main Informants: 3 Bawaslu leaders, Supporting informants: 6 gakumdu members. Data sourced from primary data and secondary data, with interview data collection techniques and documentation. Data analysis by collecting data, data education, data presentation, and conclusions. The results of the study, namely the strengthening of the Gakkumdu Center Institution need to be improved in Lampung Province, which is planned by strengthening capacity and also the placement of capable personnel in the process of handling election crimes, which is expected to be a support in triggering the performance of the Gakkumdu Center team that is more professional and fair. The Gakkumdu Central Institution Strengthening Model needs to be improved in Lampung Province is the enforcement model carried out is the optimization of the Gakkumdu Central Institution by evaluating and trying to improve performance in handling electoral crimes towards fair law enforcement. In the review of the fiqh siyasah Dusturiyah, the strengthening of the institution of the Gakkumdu Center needs to be improved in Lampung Province in line with the fiqh siyasah Dusturiyah. Where it aims to uphold justice and deal with electoral crimes, to prevent or eradicate fraud in general elections in Lampung Province.