Russian Law Journal

LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR CREATIVE INDUSTRIES IN INDONESIA

ELLI RUSLINA — 2024-01-04

The creative industry as one of the pillars of the future economy has a very strategic role in overcoming the problems faced by society and the government, especially in the employment sector, business sector, and as a source of state revenue (GDP). Therefore, creative industry entrepreneurs must be protected by their intellectual rights so that all copyrighted works are legally protected by their existence and no one can arbitrarily steal, trade, reproduce without permission from the owner. This research aims to analyze the form of legal protection for Intellectual Property Rights for the creative industry in Indonesia. This research uses a qualitative approach with descriptive methods. The research results show that intellectual property protection plays a crucial role in supporting sustainable growth in various sectors, especially in the creative and science industries. Through analysis of Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright, it was found that the change in the nature of copyright offenses from complaint offenses to ordinary offenses had a positive impact in increasing the efficiency and firmness of law enforcement. However, research also highlights the main challenges, namely low public awareness, minimal knowledge about intellectual property rights, perception of high costs, and the view that the processing process takes a long time.

READINESS AND CHALLENGES OF GENERAL EDUCATION TEACHERS ON THE IMPLEMENTATION OF INCLUSIVE EDUCATION

NICASIA G. GONZAGA, LEONITA D. PLAN, MAE M. AGUIPO — 2024-01-04

This study examined factors relating to inclusive education implementation in the Cebu Province, Philippines. A semi-structured survey was administered to 104 general education teachers from selected three special education centers to gather information on their profile, perceived readiness, and level of challenges. Descriptive and correlational analyses provided insight into teachers' experiences. While they felt prepared overall, more training was needed in collaboration skills. Profile suggested specialized inclusion training could help. Major difficulties included limited resources like specialist roles and facilities. Interestingly, readiness and challenges had a negligible link, implying multi-pronged solutions were warranted. Both improving teacher competencies and addressing resource constraints merit focus. As factors interact complexly, a comprehensive long-term approach spanning pre-service training and systemic support were recommended based on teachers’ input. The findings offered a perspective on strengthening implementation. Targeted readiness development particularly in applied collaboration was identified as beneficial. Resource deficiencies emerged as serious impediments necessitating attention. A coordinated, evidence-informed strategy involving reforms at all educational levels showed promise for advancing inclusion according to study participants. Insights aimed to inform practical, sustainable solutions through a deeper understanding of realities on the ground.

AN EVALUATION OF THE FEDERATION OF TRADE UNIONS OF THE REPUBLIC OF KAZAKHSTAN

ZHANSAYA BEKBUTAYEVA — 2024-01-04

Trade unions are mass public organizations that unite workers of all professions, aiming to protect their economic, socio-cultural rights, and interests. They play a crucial role in ensuring social justice, an effective and humane economy, and the prosperity of society as a whole. In Kazakhstan, the Federation of Trade Unions of the Republic of Kazakhstan (FTURK) is the largest and most representative organization of workers, with a membership of around two million people. This paper examines the role of trade unions in Kazakhstan, their achievements, and the challenges they face in the current socio-political climate.

Key aspects of trade unions in Kazakhstan include:

- Legal framework: Trade unions in Kazakhstan operate within the framework of the Law of the Republic of Kazakhstan "On Professional Unions" (2014), which defines trade unions as public associations aimed at representing and protecting the labor and social and economic rights and interests of their members.

- Regional and sectoral organizations: Trade unions in Kazakhstan are organized on a regional, sectoral, and global basis, with formal institutional relations linking them.

- Workplace representatives: Unions train workplace representatives to assist members with job-related issues and advocate for improved working conditions and salaries.

- Achievements: Trade unions have significantly influenced society by advocating for measures such as improved parental leave, equality legislation, better protection for migrant workers, and the national minimum wage. They have also contributed to the elimination of child labor, improved worker safety, and the reduction of working hours.

- Challenges: In recent years, there has been a decrease in the number of trade unions, union density, and union membership in both industrialized and emerging nations, including Kazakhstan. The trade union movement in Kazakhstan has faced serious oppression, with a regressive law on trade unions adopted in 2014 and direct attacks on independent unions in 2017.

Despite these challenges, trade unions in Kazakhstan continue to advocate for workers' rights and interests, working closely with regional and sectoral trade union groups. The FTURK, as the most significant trade union organization in the country, plays a vital role in shaping the socio-economic protection, labor law, and labor protection policies in Kazakhstan.

FACTORS DETERMINING THE SANSKRIT COURSE SYLLABUS DEVELOPMENT AT INDONESIAN HINDU COLLEGE

KOMANG SUWARSINI — 2024-01-04

The Sanskrit curriculum at the Bhatara Guru Hindu College was firstly implemented from 2017 and has undergone several revisions, especially the Sanskrit syllabus. Development needs to be carried out and directed at the right goals in accordance with the current National Education goals in Indonesia. The research has four objectives: (1) to analyze the purpose of syllabus development for the Sanskrit course, (2) to describe the syllabus preparation process, (3) to determine what material is used in the syllabus preparation, and (4) to determine syllabus model that has been developed. This research is qualitative and uses primary and secondary data where informants are determined using purposive sampling techniques. This research uses literature, observation, interviews, and documentation methods in data collection and the data that has been collected is analyzed descriptively by data reduction, data presentation, and conclusion or verification. The results show that the Sanskrit syllabus includes script, vocabulary, grammar, and sentence structure. Moreover, the syllabus has the learning materials, such as, sacred Hindu texts and the reference text books where the learning modules contain material summaries, exercises, assignments, and assessment instruments to measure students' ability to write and read Devanagari. Thus, the Sanskrit syllabus includes objectives, materials, teaching methods, and assessments that suit the needs and characteristics of students.

SOME LEGAL ISSUES ON CONSUMER RIGHTS PROTECTION IN THE ECONOMY SHARING INTERNATIONAL EXPERIENCE AND LESSONS FOR VIETNAM

DUONG QUOC THINH, NGUYEN THANH PHUONG, TRAN THANH KHOE TRAN THI THU VAN — 2024-01-04

The sharing economy is considered an era-defining product of the digital economy, it inherits the values of the 4.0 technology revolution and the nature of a new business method. This business model has appeared in the world for quite a long time, but it has been mentioned a lot in Vietnam recently and the Vietnamese Government has developed a project to develop a sharing economic model. Typical sharing economy models such as GrabTaxi and Uber, Go Viet, Be, AirBnB, Triip.me, Travelmob, P2P Lending, Fintech... These models in Vietnam have brought many benefits to consumers. . However, it also poses many risks and challenges for consumers of products and services, and the issue of protecting consumer rights needs more attention. This article focuses on analyzing some legal issues on protecting consumer rights in the sharing economy of several countries around the world. From there, it suggests some solutions to improve Vietnamese policies and laws on consumer protection in the coming time.

LEGAL ISSUES OF COMPETITIVE NEUTRALITY IN ETHIOPIAN STATE-OWNED ENTERPRISES: A GLOBAL PERSPECTIVE

ALEMAYEHU YISMAW DEMAMU — 2024-01-04

Competitive neutrality is driven to ensure State-owned Enterprises operate on a level playing field while meeting public service obligations. It aims to enhance fair competition and efficient resource allocation in the economy. Globally, there are various guidelines, such as the OECD Guideline and the World Bank Toolkit on Corporate Governance of State-owned Enterprises that emphasise the importance of competitive neutrality in corporate governance of State-owned Enterprises. Many countries have also incorporated this concept into their national laws. Ethiopia has enacted several laws that endorse the fair competition of State-owned Enterprises in the market. However, there are concerns that the laws are not good enough to ensure competitive neutrality in the market. They have also been far from contemporary developments in the subject. Accordingly, this article investigates the Ethiopian competitive neutrality legal framework, and further, appraises it in light of the OECD guideline, the World Bank toolkit, and best national practices. The article finds that the legal framework involves legal issues, as well as does not grapple with the principles of competitive neutrality, as adopted in international recommendations and best practices of countries. It is not complete enough to ensure the competitive neutrality of State-owned Enterprises in the country. Therefore, this article suggests that the government should further reform the legislation and strengthen the competitive neutrality of State-owned enterprises.

RESOLUTION OF ULAYAT LAND DISPUTES BETWEEN THE TRADITIONAL LEGAL COMMUNITIES OF THE UPPER TOR DISTRICT AND THE REGIONAL GOVERNMENT SARMI DISTRICT, PAPUA PROVINCE

JAMES YOSEPH PALENEWEN — 2024-01-04

Customary land disputes often occur in villages and cities, with many problems occurring regarding customary land between customary law communities and local regional governments. The aim of this research is to determine the resolution of customary land disputes and the factors that cause disputes over customary land over the construction of the Upper Tor bridge between the traditional law community of Upper Tor District and the Regional Government of Sarmi Regency. The approach method used is empirical, namely field research. The results of this research reveal that the resolution of the customary land dispute between the traditional law community of Tor Atas District and the Regional Government of Sarmi Regency which had led to clashes and resulted in residents being injured by sharp weapons was resolved through mediation where the authorities (police) as mediators or parties the third whose job is only to help the parties to the dispute. Meanwhile, the factors that gave rise to the customary land dispute between the traditional law community of Tor Atas District and the Regional Government of Sarmi Regency were first, the traditional community of Tor Atas Village, especially the Mafentor and Apawer of Tor Atas District, stated that the Regional Government had not compensated for the loss of the customary land on which the bridge was built. Upper Tor and the river that flows along the Muara Tor Bridge, secondly, the Regional Government's approach to taking customary land is not implemented through deliberation and consensus.

THE DEVELOPMENT OF THE CRIMINAL LAW PARADIGM IN INDONESIA

PUTU AGUS PARTHA WIJAYA, RENDY AIRLANGGA, DINDA AJENG PUSPANITA, KAUTSAR ISMAIL — 2024-01-04

The formulation of Indonesian criminal law has been influenced by the principle of concordance, which involved the adoption of colonial law from the Netherlands. After relying on the Dutch Criminal Law as a guideline for several decades, the Indonesian government established the National Criminal Code to incorporate Indonesian values into the legal system. This research also raises two questions as problem formulation, namely whether the concordance principle is still applicable in Indonesia, and whether the development of the legal system in the country serves the best interests of the nation. To address these questions, the research adopts a prescriptive legal research method, which aims to uncover the coherence between legal norms, principles, and behavior. The study employs both a conceptual approach, to understand the underlying philosophy of the rule of law, and a historical approach, to trace the evolution of Indonesian criminal law over time. The Indonesian criminal law system has undergone significant changes, transitioning from the concordance principle to the adoption of the Dutch Criminal Code. The reforms introduced in the National Criminal Code seek to reflect a more just culture and approach to justice. The code emphasizes corrective, restorative, and rehabilitative justice, with a particular focus on prevention, the rights of victims, and the rehabilitation of offenders. It is crucial that criminal sanctions are established through legislation and adhere to the principle of proportionality. This renewal of the legal system is expected to foster a more equitable and rights-based approach to justice in Indonesia, ultimately benefiting the nation as a whole.

CULTURAL HERITAGE LEGAL PROTECTION IN THE ALGERIAN LEGISLATION

RABAH FEGHROUR — 2024-01-10

Cultural heritage is indubitably one of the most indispensably necessary pillars of cultures and traditions in the Algerian society in its entirety. Owing predominantly to its colossal moral and material value, the legislative authority has been over the years fully committed to putting in place all the laws that will guarantee its sustainable maintenance and ongoing conservation. Framed more lucidly, the Algerian legislator has allocated an arsenal of legal texts to classify and manage all existing categories as well sub-categories of archaeological properties. It has, likewise, devoted an independent financial budget to repair and restore what was been lost or had had its historical value downgraded. To accomplish this ensuring the highest degrees of perfection, it has resorted to the assistance of experts, inspectors as well as regular members of the civil community. Additionally, the legislator imposed stern penalties for attacks on landmark antiquities, such as theft, conversion or smuggling.

CORPORATE SOCIAL RESPONSIBILITY DYNAMICS AND FINANCIAL PERFORMANCE: AN EMPIRICAL STUDY IN HO CHI MINH CITY'S COMMERCIAL BANKS

Ngo Thi Thuy Linh, Nguyen Thanh Vu — 2024-01-04

Corporate Social Responsibility (CSR) is a critical aspect of contemporary business practices, gaining increased attention globally. This study, conducted in 2022 with a sample of 160 respondents from 16 different banks in Ho Chi Minh City, Vietnam, aims to explore the relationship between CSR initiatives and financial performance in commercial banks. Despite the growing emphasis on CSR in recent years, this study highlights the need for a more nuanced understanding of how specific CSR initiatives contribute to or may not influence financial outcomes in the context of commercial banks. By employing EFA and multiple regression analyses, the research delves into the complexities of the relationship between CSR practices and financial performance. The study recognizes the evolving landscape of corporate responsibility in the Vietnamese banking sector and sheds light on the specific factors that may or may not translate into tangible financial benefits. However, the findings also indicate that not all CSR factors have a significant impact on business performance on bank sector. This research not only contributes to the existing literature but also provides practical insights for commercial banks in the research location, allowing them to refine their CSR strategies for optimal impact on business performance. The study serves as a valuable resource for academics, practitioners, and policymakers interested in the intersection of CSR and financial outcomes within the Vietnamese banking context.

THE ROLE OF LEADERSHIP THROUGH POLICY NETWORKING IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY INNOVATION AT BANDUNG TECHNOPARK

HELNI MUTIARSIH JUMHUR, KRECENSYA PRASETYA MONNA, ARIEF ARIANTO — 2024-01-04

The presence of Bandung Technopark (BTP) supports government programs in Nawacita, RPJMN 2015-2019, Presidential Regulation Number 106/2017 concerning Science and Technology Areas, as well as Law Number 11/2019 concerning National Science and Technology Science and Technology. The development of ICT innovation through BTP cannot be carried out individually by one party alone, but the presence of other parties is highly expected. In the last 13 years, BTP has proven to have a positive impact by producing various innovative programs that continue to develop. One of the critical factors in the development of Technopark is leadership. This research uses qualitative methods by collecting data through interviews, observation and documentation of BTP informants. The research results show that the actors involved involve six actors. Each actor performs functions with good structural coordination, effective action rules, adequate institutionalization, and balanced power relations. Strategic actors in the form of collaboration, so that the leadership role that encourages creativity, provides support, and builds partnerships make BTP superior value in developing ICT innovation through BTP.

HUMAN RIGHTS IN ISLAM DISTINGUISH HUMAN RIGHTS IN INTERNATIONAL CHARTERS

SAHRA KHEMILI — 2024-01-16

The discussion of human rights has become a matter of time, and attention is now evident in the international forums, conferences and symposia, which have replied in various regional and international charters and declarations, which contain many Islamic articles and principles to promote human rights and to create ways to protect them.

DEBT OR RETAINED EARNINGS: WHICHEVER IS OPTIMUM FOR THE GROWTH OF THE FIRM

SHIVANI GAUTAM ASHOK PUROHIT — 2024-01-04

This research paper explores the crucial question of determining the optimal capital structure for firm growth, considering the choices between debt and retained earnings. The aim is to assess how the utilization of debt and retained earnings influences the financial performance of selected Indian companies. The objectives are twofold: to analyze the capital structure choices of the companies and to evaluate the impact on performance metrics such as ROE, ROA, and EPS. The research methodology involves a comprehensive literature review, data analysis of six Indian companies, and data interpretation based on relevant theories and studies. The findings highlight industry-specific nuances and underscore the significance of empirical evidence and prudent financial analysis for capital structure decisions. The research contributes to the understanding of the relationship between capital structure and firm growth in the context of emerging markets like India. The future scope involves further industry-specific analyses and dynamic studies to guide companies towards optimized capital structure decisions for long-term success.

DARK PATTERNS AND CONSUMER BEHAVIOUR: A STUDY MAPPING THE MINDSET OF THE CONSUMER THROUGH CRITICAL ANALYSIS

MARIA GORETTI SIMOES — 2024-01-04

The term' dark patterns' refers to elements that tend to deliberately mislead, coerce, and, most of the time, deceive users or visitors of websites into making harmful decisions and making unintended choices. Dark patterns are found on many websites and are used by almost all organisations. They are deceptive labelled buttons/tabs on the system that are difficult to 'undo' once into it. How the elements appear on screen in attractive colours, designs, shades, and labelling draws the users' attention away from confident choices or options. These dark patterns are a common sight for online subscriptions offering free trials for all kinds of goods and services. The use of dark patterns in advertising and its onslaught on the advertising sector makes it extremely difficult, sometimes impossible, for a customer to unsubscribe from the use of the service or eventually convert a free trial into a paid subscription.

To illustrate the kinds of design practices and to demonstrate the harmful effects caused on the consumers, the author, through the hypothesis, placed on record the different kinds of designs, the impact that it has on consumers, a brief analysis of the laws internationally and the empirical data to substantiate what could be done to protect consumers getting lured into such elements is effectively explained.

FORGING A MIDDLE PATH: PROBLEMS ON THE INTEGRATION OF LIVING LAW IN INDONESIAN PENAL REFORM

THORIQ MULAHELA, ANDRI YANTO, FAIDATUL HIKMAH — 2024-01-04

The implementation format of living law within the New Indonesian Penal Code has ignited a pressing debate on whether to regulate it through legislation or leave it unregulated, a crucial determinant for its success in Indonesia. This qualitative study, employing legislative and conceptual analysis, aims to find a middle ground that accommodates living law while upholding legal certainty and the principle of legality. Critiques of positivism underpin the inclination to shape living law without codification, fearing it could reduce it to positive law, diminishing its essence. However, without codification, the enforcement of living law becomes challenging, resulting in legal uncertainty and potential injustice. Hence, the targeted deconstruction of the positivist paradigm in the New Penal Code doesn't call for outright elimination but advocates adopting a revisionist form of neo-positivism. The integration of living law into the legality principles framework ensures legal certainty and alignment with national criminal law, avoiding standing outside legality bounds. Consequently, the government's legal policy in the New Penal Code is considered fitting, requiring further development to address societal gaps. This research contributes to the discourse on legal theory and the evolving nature of criminal law paradigms in contemporary Indonesia.

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Retracted — 2024-01-04

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ECOSYSTEM FOR THE DEVELOPMENT OF RESEARCH SKILLS INTEGRATING ICT IN HIGH SCHOOL EDUCATION.

2024-01-04

Developing investigative skills from the earliest stages of school life is a priority in the Colombian educational system. It is proposed that pedagogical strategies mediated by information and communication technologies (ICT) will favor the development of these competences. To determine the effect of a research teaching module on a digital platform, the scores obtained by secondary school students corresponding to the sixth, seventh, eighth and ninth grades were compared through a Pre-Posttest. The Chamilo digital learning platform was used for the acquisition of investigative skills. The teaching module was implemented by 162 students. It was found that in the Pretreatment 41% of the students correctly identified the research concepts. In contrast, in the Post treatment, after interacting with the digital platform and the classroom plans for each learning session, 96% of the students correctly identified the research concepts. The results show that the teaching module and the digital platform were effective to develop investigative competences. It is essential to promote research in the child and youth population in the teaching-learning process to promote a citizen culture of science, technology and innovation (CTeI) that aims to build an environment based on the progress and use of knowledge.

ASSESSMENT OF FINANCIAL EDUCATION IN PRIMARY BASIC EDUCATION FAMILY UNITS.

YASMÍN GAMA ACERO , FREDY YESID MESA JIMÉNEZ, ARIEL ADOLFO RODRIGUEZ-HERNANDEZ — 2024-01-04

The results of the diagnosis of knowledge on Economic and Financial Education are presented, on which concepts related to money management, savings, credit, among others, acquired through the teaching provided at school and at home, were analyzed. The process was carried out through a mixed research (qualitative and quantitative), by means of a survey to a sample of 52 students and parents of the Fifth grade of Primary Basic Education of the Educational Institution Gimnasio Gran Colombiano of the city of Tunja - Boyacá - Colombia. It was possible to conclude that these concepts should be strengthened and demonstrate the impact generated in the learning of the fundamentals of Economic and Financial Education; in addition to responding to educational needs, such as the development of social, personal and cognitive skills.

OVERVIEW AND ASSESSMENT OF E-LEARNING ECOSYSTEMS IN HIGHER EDUCATION: STANDARDS, STRENGTHS, WEAKNESSES, AND RECOMMENDATIONS FOR AN ENHANCED E-LEARNING EXPERIENCE.

MAURICIO ENRIQUE CAMACHO, ARIEL ADOLFO RODRIGUEZ-HERNANDEZ , FANNY AVELLA FORERO — 2024-01-04

E-learning evolution strives to keep up with the pace of digital and technological developments; while the variables involved in the formula for successful implementation of online learning initiatives are many, among which can be listed the most relevant interactors in the e-learning ecosystem, namely, e-learning standards organizations, e-learning platform providers, makers of authoring tools, education institutions, and the end users (i.e. learners and educators). This research on e-learning provides overall definitions and a brief historical review of standards, analyzes current trends, assesses strengths and weaknesses, and presents recommendations to enhance the user experience in this field.

EXPLORING FINANCIAL COOPERATION AND FACILITATION IN THE GLOBAL SOUTH: A SOUTH-SOUTH COLLABORATION BETWEEN INDIA AND BRAZIL

PALLAVI MISHRA, GABRIEL DOURADO ROCHA — 2024-01-04

This paper explores the financial cooperation and facilitation in the Global South, specifically focusing on the South-South collaboration between India and Brazil. It examines the various aspects of financial collaboration and facilitation between these two countries, including the exchange of experiences, sharing of best practices, and technical expertise. The paper also highlights the importance of South-South cooperative transfer on education in the Global South, particularly in relation to education policy and the United Nations Sustainable Development Goals. The paper discusses India's active engagement in South-South cooperation through initiatives like ‘Neighbours First’ and ‘India-Africa Partnership’. The paper focuses on the need for more efficient cross-border payment and document handling processes for the export of Indian goods to Brazil. It proposes a digital solution utilizing Supernets and engaging trade and banking stakeholders as permissioned actors on a Polygon Supernet to achieve faster settlement and negotiation periods while maintaining regulatory compliance. The paper also emphasizes the need for effective mechanisms to monitor the effectiveness of South-South cooperation. It acknowledges the accountability-related disputes that have emerged in Brazilian South-South cooperation and explores how these disputes have been negotiated among stakeholders and the public.

DEVELOPMENT AND VALIDATION OF CLASSROOM OBSERVATION TOOL FOR PRE-SERVICE TEACHERS BASED ON THE CAREER STAGE 1 OF THE PROFESSIONAL STANDARDS FOR TEACHERS

J-ROEL B. SEMILLA, LOWELL G. LUCERO, NANCY R. HERNANDEZ, CIEDELLE N. GRAGEDA — 2024-01-04

Many recent educational reforms prioritize teacher quality to improve student achievement. For this purpose, the Department of Education implemented the Philippine Professional Standards for Teachers (PPST), a tool that defines the domains, strands, and indicators that provide measures of professional learning, and teaching competency of in-service teachers. However, there has been no classroom observation tool (COT) designed for pre-service teachers aligned with PPST. Feedback on teaching skills also plays an important role in promoting teacher quality. This study aimed to develop and validate a classroom observation tool that focuses on providing feedback on the teaching skills of pre-service teachers. This study employed a developmental research design. The classroom observation tool for pre-service teachers underwent different phases of planning, design, and development. Focus group discussions (FGD) were conducted for the try-out phase. Through purposive sampling, participants from FGD which comprised cooperating teachers (n=10), supervising teachers (n=2), and pre-service teachers (n=14) were involved in teaching internship programs. Responses were analyzed using thematic analysis. The results revealed participants found the classroom observation tool useful in identifying weaknesses and improving teaching practices and competencies aligned with professional standards for teachers in both face-to-face and online modalities. It is recommended that the tool be used by other teacher education institutions within the region.

LEGAL STANDARDS FOR MISLEADING ADVERTISING IN CONSUMER PROTECTION AS ETHICAL MARKETING ACTIONS IN PANAMA

FRANCISCO JAVIER CAMPINES BARRÍA — 2024-01-04

Misleading advertising is intended to manipulate the consumer's perception in a way that does not reflect reality. The objective of this article is to explain the different legal norms existing in Panama to deal with misleading advertising in consumer protection as ethical marketing actions in the sales process. The research is situated in a qualitative approach. It is of a documentary nature, of a descriptive type and level. The results highlight that Law No. 45 of October 31, 2007, which dictates rules on consumer protection and defense of competition and another provision in Article 58 highlights the truthfulness in advertising. Any advertisement or publicity regarding transactions must conform to the truth, taking care that the advertiser does not misrepresent the facts and that the advertisement or publication does not induce error or confusion.

TRANSCENDENTAL DEMOCRACY: ELABORATION OF THE CONCEPT OF GENERAL ELECTIONS IN THE PERSPECTIVE OF SHARIAH AND FIQH SIYASAH

RAHMAT ROBUWAN, ANDRI YANTO, JEANNE DARC NOVIAYANTI MANIK, FAIDATUL HIKMAH — 2024-01-04

This study aims to expound upon the concept of general elections within the framework of democracy and people's sovereignty in Indonesia from the perspective of Sharia law and fiqh siyasah. Employing juridical-normative research methods, this investigation scrutinizes legal norms and regulations governing the values and mechanisms of conducting elections. The analysis utilizes a comparative approach with Sharia law and fiqh siyasah. The findings reveal that the manifestation of democracy in Indonesia, employing elections as a tool for legitimization, aligns with the principles advocated by Prophet Muhammad SAW, emphasizing the concept of people's sovereignty. However, on a technical level, the implementation of elections in Indonesia exhibits several weaknesses and inconsistencies with the tenets of fiqh siyasah. Fiqh siyasah underscores elections as a conduit for people's sovereignty in selecting virtuous leaders based on the values of transcendental democracy and justice.

SIMILARITIES AND DIFFERENCES IN CRIMINAL RESPONSES TO GOODS SMUGGLING (A COMPARATIVE STUDY IN THE CRIMINAL SYSTEM OF IRAQ AND IRAN)

WISSAM BASSEM MAJID, SEYED HOSSEIN HOSSEINI, SEYED MEHDI SEYEDZADEH — 2024-01-04

Criminal reactions are the penalties specified by legislators for offenders, and the judge must rule on them if the accused is proven guilty and it cannot be applied against the convict, unless the judge clearly specifies it. Given the severity of this criminal phenomenon and its impact on societal interests, legislators in both Iraq and Iran have established laws to address these issues. Law-abiding citizens must trust that these laws will be enforced, and those who violate them will be duly punished. Implementing punishments is one way to ensure this certainty. However, contemporary considerations, due to the negative effects of criminal interventions, have led to a cautious approach towards criminalization and the use of punitive measures as a last resort. The research revealed both similarities and differences in the punishments for goods smuggling in both countries. The results indicated variations in response, with Iran employing various punishments, including whipping, while there is no whipping punishment in the Iraqi legislative framework. Additionally, the research findings showed differences in the severity of punishments between the two countries. Moreover, the prescribed punishment for initiating a smuggling offense differs between Iraq and Iran.

MEDIATION AND RECONCILIATION UNDER THE LAW: 22-13

HALTALI AHMED — 2024-01-04

In a continuous effort by the Algerian legislator to provide opportunities for the settlement and resolution of disputes between disputing parties, while preserving goodwill and harmony between them, as well as securing finances, employment positions and protecting investments from the complexity and length of judicial procedures, the legislator, through Law 22-13, which amended the provisions of Law 08-09 on civil and administrative procedures, strengthened the alternative methods of dispute resolution, particularly in commercial cases. The law introduced provisions on mediation and conciliation, which are regulated in a different way from what was provided for in Law 08-09. Therefore, the purpose of this article is to examine the feasibility of amending Law 08-09 regarding mediation and reconciliation in commercial cases.

LEGAL PROTECTION OF NEW GENETICALLY MODIFIED PLANT VARIETIES IN ALGERIA AND INTERNATIONAL AGREEMENTS

HORIYA SOUIKI — 2024-01-04

Genetic engineering is defined as the modern and unconventional biotechnology that is used to modify genetic material. It should be noted that modified plant varieties have emerged in order to achieve food security, diversify breeds, and intensify production. This took place after the development of several biotechnology applications that were mainly aimed at using living systems or their components in the industrial and agricultural sectors.

With this being the case, it was deemed necessary to provide the legal protection for these modified plant varieties at the national and international levels, which is the topic that the present study aims to explore.

SECURITY AS AN URBAN SOCIAL IMAGINARY IN THE CLOSED RESIDENTIAL COMPLEXES IN VALLEDUPAR

2024-01-04

The purpose of this research article is to interpret security as an urban social imaginary linked to the social relations of closed residential complexes in Valledupar. The methodology of the text is oriented from the parameters of the interpretive paradigm and the use of the ethnography method to understand the different texts, images, and interviews related to the research topic. The theoretical arguments are supported by the contributions proposed by Berger and Luckmann, (1986), Castoriadis (1989), Roitman (2003), Pinto (2005), Foucault (2006, 2010), Baeza, (2004), Castells, (2004)., Guerrero, (2006), Martinez (2013), Busto, (2014), Martinez (2021), among other authors, who conceptualize and theorize about urban security and social reality.

EXPLANATION OF THE EPISTEMOLOGICAL FOUNDATIONS OF NEOLIBERALISM IN ONLINE HIGHER EDUCATION AND ITS CRITICISM FROM AYATOLLAH JAVADI AMOLI'S POINT OF VIEW

ZAHRA GHASEMABADI KARMI RANJBAR, MOHAMMAD HASAN MIRZA MOHAMMADI, RUKIA MOUSAVI — 2024-01-04

The current research was conducted with the aim of explaining the epistemological foundations of neoliberalism5 in online higher education and criticizing it from Ayatollah Javadi Amoli's point of view. To achieve this goal, 3 questions have been formulated as follows: 1- How can the epistemology of neoliberalism in online higher education be explained? 3- What criticisms can be made on the epistemology of neoliberalism in online higher education from Ayatollah Javadi Amoli's point of view? To answer the questions, the methods of conceptual analysis, external criticism and inference were used. According to the above, the findings are as follows: In response to the first question, it was determined that the basic concepts of neoliberalism epistemology in online higher education include: commercialization, individualism, mercantilism, free choice and competition. In response to the second question, it was also determined that the nature of knowledge, the possibility of obtaining knowledge, the order of knowledge, the validity of human-experimental science data, the purpose of knowledge, and social accountability are among the foundations of epistemology from Ayatollah Javadi Amoli's point of view. In the following and in response to the third question, based on each of these bases, the epistemology of neoliberalism in online higher education was criticized from the point of view of Ayatollah Javadi Amoli.

THE EFFECT OF APPLICATION OF CSR ON CUSTOMER SATISFACTION AND IMAGE PERCEPTION IN LEBANESE BANKS

MIRIELLE GEREIJ, ELIE BASBOUS — 2024-01-04

Corporate social responsibility (CSR) has surged in popularity within the banking sector over the last ten years. This research explores how corporate social responsibility (CSR) aspects affect customer happiness and bank image, and whether or not there is a link between CSR and customer satisfaction. The study is conducted in light of the rising interest in CSR worldwide. Customers in developed and underdeveloped nations may see corporate social responsibility (CSR) differently. The four hypotheses and the null hypothesis were tested in this research using SPSS. The results show that CSR improves a bank's reputation and client happiness. The following are prioritized: consumer protection, environmental contribution, legal accountability, and ethical, and economic responsibility. Ultimately, the study demonstrated that banks engage in corporate social responsibility (CSR), that there is a positive correlation between CSR and customer happiness, and that the impression of CSR by customers has a favorable impact on the bank’s image.

IMPACT OF THE SCIENTIFIC METHOD ON THE INTEGRAL DEVELOPMENT OF CHILDREN IN EARLY CHILDHOOD EDUCATION IN OFFICIAL EDUCATIONAL INSTITUTIONS IN MONTERÍA

ERIKA PATRICIA PASTRANA ACOSTA, AMALIA INES DIAZ ROYO, HELMER MUÑOZ HERNANDEZ — 2024-01-04

This research focuses on evaluating the impact of experimentation and exploration practices, typical of the scientific method in the integral development of children in early education in the Official Educational Institutions of Monteria. It adopts a qualitative approach and uses a descriptive methodology that emphasizes reflection and clarification of participants' experiences. The study is based on a qualitative research of the Action Research (I-A) type, with a sample of 219 early education students from the José María Córdoba and Mogambo institutions, located in the urban sector of Montería, Córdoba. Twenty-six students were selected as a sample for the study, considering criteria of permanence, participation and accessibility. Finally, the research includes the creation of didactic units that use ICT tools to facilitate a hybrid, extracurricular and familiar learning environment.

EVERYONE TO LEARN PROGRAM (PTA) AND ITS IMPACT ON THE EDUCATIONAL QUALITY OF COLOMBIA

STYWARTH ORTEGA VERGARA, FRANCISCO ALBERTO BUELVAS DORIA, HELMER MUÑOZ HERNÁNDEZ — 2024-01-04

The purpose of this article was to conduct a comprehensive and critical analysis of the impact of the Todos a Aprender (PTA) Program on strengthening educational quality in Colombia. The PTA, implemented in 2012, initially focused on 4,500 educational institutions with low academic performance, reaching a coverage of 890 municipalities in the same year. The main objective of the program was to improve teaching and learning processes in the fundamental areas of mathematics and language, with a focus on two key variables for educational quality: teacher training and communication skills. Throughout these ten (10) years of implementation, the PTA has significantly strengthened the pedagogical work of primary education teachers. Important aspects such as didactics and the use of pedagogical resources have been introduced in the classrooms, contributing to the improvement of teaching quality. However, it is important to note that during the first years of implementation, the program did not have a significant impact on educational quality, which is common in short-term programs. This article will delve into the analysis of various research studies related to educational quality, with the aim of understanding the reasons why this situation was reversed over the years and the expected results were achieved. In addition, recommendations will be addressed to further strengthen the program, in order to continue improving educational quality in Colombia.

THE ROLE OF AI IN PROTECTING INTELLECTUAL PROPERTY RIGHTS ON E-COMMERCE MARKETPLACES

ANNA POKROVSKAYA — 2024-01-04

This article explores the significant role of Artificial Intelligence (AI) in safeguarding intellectual property rights on e-commerce marketplaces. With the exponential growth of online platforms, the protection of intellectual property has become increasingly challenging, calling for innovative solutions. AI technologies offer promising opportunities to address issues such as trademark infringement, counterfeiting, and copyright violations effectively. This article highlights the key applications of AI in protecting intellectual property rights, including automated monitoring and detection systems, image recognition algorithms, machine learning for pattern analysis, and predictive analytics for risk assessment. Moreover, it evaluates the benefits and challenges inherent in AI implementation, including the need for transparency, ethical considerations, and the balance between automated processes and human expertise. The article concludes by stressing the importance of collaboration between AI technology developers, e-commerce platforms, and intellectual property rights holders in fostering a secure and trustworthy online environment.

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THE CONCEPT OF STATE ECONOMIC POLICY IN THE FIELD OF HALAL TOURISM IN THE CONTEXT OF LEGAL PLURALISM IN INDONESIA

MUFARRIJUL IKHWAN, MUKHLISH , RINA YULIANTI — 2024-01-04

Indonesia as a country with the largest Muslim population, is influenced by the application of Islamic law in society. Tourism management with the concept of halal is increasingly used by regions to attract both domestic and foreign tourists. The purpose of this research is to determine the position of laws in the context of diversity when regulating halal tourism policies. There is Islamic law that underlies the concept of halal tourism, and on the other hand, there is state law that also regulates the field of tourism. The legal research method with a statutory approach and a concept approach is used to answer the research objectives. The results showed that the enactment of laws other than state law was found in the practice of managing tourism in Indonesia. The state constitution gives authority to the regions based on their privileges to regulate and manage their regions. However, the regions are prohibited from making policies that are contrary to the principles of the Unitary State of the Republic of Indonesia. The religious legal system and the state legal system show their relationship in tourism development in Indonesia. State legal arrangements still dominate the enactment of the Islamic legal system in tourism management; this is indicated by the limitations of regulating the halal concept criteria used as parameters, which must not conflict with the Principles of the Unitary State of the Republic of Indonesia. However, the relationship between the two is also very accommodating in regulating halal tourism.

CONTRIBUTION OF THE PRAXEOLOGICAL MODEL FOR THE CONSTRUCTION OF CITIZEN COMPETENCES IN HIGHER EDUCATION

JAYSON ANDREY BERNATE, SANDRA CONSUELO PUERTO GARAVITO — 2024-01-04

This reflection aims to describe the impact that praxeology has on the development of citizen competences in higher education, illustrates aspects of social responsibility, training research, Saber Pro tests, graduate training and curricular criteria at UNIMINUTO, directly relating to the two central themes. The methodology developed was qualitative-reflective. In this way, significant contributions of the praxeological model are identified taking into account its methodology through the phases, in addition to the tools it provides such as the relationship between theory and praxis, the systematization of experiences and the social vision it has. In conclusion, based on this academic reflection, the praxeological model contributes and positively impacts the development of citizen competences due to its comprehensive method of training, although there are some problems and needs regarding the central axis studied, more than problems, they are challenges for those who are teachers and students who apply their work under the methodology of praxeology.

ANALYSIS OF THE SUCCESS DETERMINANTS IN IMPLEMENTING MARITIME SECURITY STRATEGY AT INDONESIA ARCHIPELAGIC SEA LANE II

ABDIYAN SYAIFUL HIDAYAT, MOH. KHUSAINI, AAN EKO WIDIARTO, SOLIMUN — 2024-01-04

The purpose of this study is to analyze the various success determinants which affects the Indonesian Navy’s Second Fleet Command’s in implementing its maritime security strategy. The success factors identified were: (i) tactics and procedures adapted, (ii) capabilities of weapons, (iii) capabilities of sensors, (iv) exercise, (v) command and control center, (v) operational effectiveness, and (vi) command and control effectiveness. The research was conducted using a mixed research method where the success factors above were established in a statistic model known as the Structural Equation Modeling. The results of this research concluded that all of the abovementioned factors were had a direct impact on the Second Fleet Command’s ability to successfully implement its maritime security strategy. Competency of personnel related to maritime security from KRI positively affect the success in implementing the maritime security strategy at ALKI.

THE MOVEMENT OF RESEARCH FOCUS ON PLEA BARGAINING: A BIBLIOMETRIC REVIEW OF THE WEB OF SCIENCE DATABASE FROM 1968 TO 2021

HIEP HOANG — 2024-01-04

This review adopted science mapping techniques to discover various structures and development trajectories of research on plea bargaining. The research analyzed 310 articles from the Clarivate Web of Science database related to this topic from 1968 to 2021 using citation, co-citation, keyword co-occurrence and co-authorship analysis. First, we found that plea bargaining had not gained much attention from scholars, as most of the studies with high impact were conducted more than ten years ago. Second, we identified the dominance of scholars from the USA, as well as other countries with common law systems over countries with civil law systems. Also, there is lacking collaboration between countries and juridical systems to investigate this topic. Third, we sketched out the five popular research themes on plea bargaining: Shadow of the trial mode and criminal procedure; The matter of race; Decision-making process; Legal history and Judicial reform; Defense attorneys and Prosecutors. Our findings also highlighted most influential authors, journals, and research articles on this topic, as a guideline for scholars who want to study this topic.

THE RIGHTS AND LEGAL STATUS OF REFUGEES IN INTERNATIONAL HUMAN RIGHTS DOCUMENTS AND THE STATUTE LAWS OF IRAN AND IRAQ

2024-01-04

Throughout history, people have sought conducive environments for their well-being and freedom. When aspirations remain unfulfilled in their countries, individuals seek safer havens. The Universal Declaration of Human Rights guarantees the right to seek asylum. Factors like global unrest, developmental disparities, violations of norms, and adherence to state policies contribute to the refugee phenomenon. Safeguarding refugees is a humanitarian duty rooted in international law, but national interests often determine acceptance. Political objectives have become additional criteria for refugee status. Rights and legal status include civil, political, social, and economic entitlements for citizens. Refugees possess the same inherent rights but realization depends on national and international entities addressing asylum concerns. Refugees require prior permissions citizens do not. Iran and Iraq have provisions for refugees in their domestic legislation. This article examines the rights of refugees within host countries and identifies supporting institutions. The focus is on the "rights and legal status of refugees," using a descriptive-analytical methodology.

TRANSCENDENTAL DEMOCRACY: ELABORATION OF THE CONCEPT OF GENERAL ELECTIONS IN THE PERSPECTIVE OF SHARIAH AND FIQH SIYASAH

RAHMAT ROBUWAN, JEANNE DARC NOVIAYANTI MANIK, ANDRI YANTO, FAIDATUL HIKMAH — 2024-01-04

THE EFFECT OF APPLICATION OF CSR ON CUSTOMER SATISFACTION AND IMAGE PERCEPTION IN LEBANESE BANKS

MIRIELLE GEREIJ, ELIE BASBOUS — 2024-01-04

SUSTAINABLE BUSINESS PRACTICES IN THE TOURISM AND HOSPITALITY INDUSTRY: A REVIEW

RAJIV CHOPRA — 2024-01-04

Sustainable business practices are an important aspect of the tourism and hospitality industries, eventually benefiting consumers and society. This study examines the impact of tourism and hospitality business along with sustainability on sustainable business practices. It evaluates the effectiveness of sustainable business practices in fostering trust and loyalty among consumers. Sustainable business practices refers to the strategies and actions that organizations undertake to minimize their negative impact on the environment, society and the economy while maximizing positive contributions. Sustainable business practices are not only good for the planet and society, but they also often result in cost savings, improved brand reputation, and increased customer loyalty. For the study, we have collected data from the Scopus database, which is well-known for its standards for its high-quality standards, extensive information-gathering coverage, and ease of data download. We have done a manual, insightful review of 92 papers. Based on the review, we have identified themes such as corporate social responsibility, fintech, consumer behaviour, business models, market orientation, tourism and hospitality, and sustainability to investigate their interconnectedness and how they lead to sustainable business practices. The discussion and future research agendas also indicate that responsible marketing has a significant and positive association with sustainable business practices.

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THE EMERGENCE OF AUTONOMOUS WEAPON SYSTEMS: A THREAT TO THE UNITED NATIONS CHARTER PEACE FRAMEWORK?

ASIF ALI, SUBRAMANIAN RAMAMURTHY — 2024-01-04

Days are not far when autonomous weapon systems will be deployed on the battlefield soon. Autonomous weapon Systems (AWS) also known as killer robots are weapons that can select and engage targets without human intervention once activated. The advent of autonomous weapons has ignited heated debate amongst the members of the international community about the compatibility of such weapons with the norms of international humanitarian law. The deployment of killer robots raises significant legal, ethical, and strategic concerns that could severely impact the primary purpose of the United Nations (UN). Against this backdrop, this paper explores the threats such weapons pose to the UN Charter Peace Framework. In doing so, it analyses several grounds, including how the prohibition of the use of force becomes ineffective, thereby endangering the UN's primary mission, which is to maintain international peace and security.

DISPUTES SETTLEMENT IN THE BANKING SECTOR THROUGH COMMERCIAL ARBITRATION: AN ANALYSIS OF LEGAL REGULATIONS AND ITS APPLICATION IN VIETNAM

NGUYEN MONG CAM, NGUYEN THANH PHUONG, THAN THI KIM NGA, TRAN THANH KHOE — 2024-01-04

Commercial mediation and commercial arbitration are dispute resolution methods that have many advantages in resolving commercial disputes, especially when Vietnam is integrating into global trade. However, these dispute resolution methods still have certain limitations in the banking sector in Vietnam, where the rate of banks choosing to resolve disputes through arbitration is lower than that resolved through the court. In this study, the authors will point out limitations of Vietnamese law in relation to (i) Validity of commercial arbitration in settling disputes arising in the banking sector, (ii) Procedures for receiving and processing arbitral awards, (iii) legal issues related to annulment of arbitral awards..., by using exploratory, qualitative, inductive and deductive methods. This study will focus on analysing the limitations of commercial arbitration in settling disputes arising from the banking sector in Vietnam, as well as propose some recommendations to improve the law on dispute resolution through commercial arbitration in the future.

THE ENVIRONMENTAL AND WATER PROTECTION ISSUES IN STATUTE LAWS OF THE REPUBLIC OF IRAQ AND THE ARAB REPUBLIC OF EGYPT: A COMPREHENSIVE ANALYSIS OF CHALLENGES AND SOLUTIONS

2024-01-04

Preserving the environment and protecting water resources are paramount issues in the legal frameworks of Iraq and Egypt. Both countries have implemented legislation and regulations to effectively manage their water resources and environment. Iraq has programs to preserve water resources, including reducing consumption, enhancing productivity, preventing pollution, and protecting dams and rivers. This legislation also addresses the conservation of wildlife natural ecosystems. In Egypt, the government has made significant efforts to protect water resources and the environment nationwide. Their measures include reducing water consumption, promoting sustainable agriculture, preventing water and air pollution, preserving protected areas, conserving biodiversity, and protecting wildlife and plant species. This study evaluates the challenges faced in water environment preservation and proposes the available solutions in the legal frameworks of both nations. Descriptive analytics will be used as the foundation for this study, focusing on summarizing key findings and recommendations.

SUSTAINING ENGAGEMENT IN A BLENDED LEARNING MODALITY

AMELIA T. BUAN, LOWELL G. LUCERO, ROXAN A. CONSOLACION — 2024-01-04

The use of blended and distance learning methodologies has been attractive to a growing number of higher education institutions due to its potential to enhance student enhancement. Study shows that this mode of learning delivery has the potential to increase student engagement. This study aimed to determine the key factors of the blended learning environment that sustain student engagement. A descriptive survey with qualitative support was conducted to 123 student teachers from a state university in Mindanao. These participants were enrolled in a course delivered in a blended learning environment for one semester through a Moodle platform. Through a survey questionnaire, the participants assessed their preferred and actual learning experiences in a blended learning environment context and reflected on the activities that fostered or hindered engagement. The findings indicate a close alignment between student teachers preferred and actual experiences within the blended learning environment. Three core factors - relevance, interactivity, and connectedness - emerged as pivotal in sustaining engagement within the blended learning framework.

POINT OF VIEW: NOTARIAL DEED MAKING BASED ON DISPUTE RESOLUTION OUTSIDE THE COURT

YULI PRASETYO ADHI, DEWI SULISTIANINGSIH, HERNI WIDANARTI, INDRIATI SAFITRI — 2024-01-04

This research explores dispute resolution outside the court, involving the crucial role of Notaries in making deeds. The advantages of non-litigation alternatives include efficiency, speed, and lower costs, in accordance with the values of Indonesian society. However, there are still obstacles such as the lack of public understanding of these advantages. The role of Notaries in providing understanding to clients and including articles of dispute resolution outside the court is the focus. The results showed that the final decision remained in the hands of the parties who signed the deed. Obstacles include rudimentary client understanding, lack of Notary Education and some arbitration-related issues. Therefore, more parties and regulatory adjustments are needed to strengthen alternative dispute resolution outside the court. This research delves deeper into the aspects of making articles related to dispute resolution outside the court by Notaries. The research uses a qualitative approach with a focus on empirical juridical aspects. It was found that the selection of out-of-court dispute resolution requires the agreement of the parties, and Notaries play a significant role in providing them with legal understanding. However, most of the deeds made by Notaries have not included articles related to out-of-court dispute resolution, due to a number of obstacles.

SIMILARITIES AND DIFFERENCES IN CRIMINAL RESPONSES TO GOODS SMUGGLING (A COMPARATIVE STUDY IN THE CRIMINAL SYSTEM OF IRAQ AND IRAN)

WISSAM BASSEM MAJID, SEYED HOSSEIN HOSSEINI, SEYED MEHDI SEYEDZADEH — 2024-01-04

FOSTERING MOTIVATION IN SECONDARY SCHOOL ENGLISH CLASSROOMS THROUGH THE IMPLEMENTATION OF LEARNER-CENTERED APPROACHES

REBER SALEEM ABDULLAH, ZAKI HUSSEIN MOHAMMAD, SHERWAN TAHA AMEEN — 2024-01-04

This study delves into the transformative potential of the Learner-Centered Classroom (LCC) paradigm in high school English education. Drawing from personal insights, practical experiences, and existing literature, the research explores how this approach can invigorate motivation among secondary-level English students in a Duhok-based school. LCC's role in fostering autonomy, positive perceptions of educators, and the readiness to tackle challenges in language learning is highlighted.

The global shift towards learner-centered learning (LCL) has spurred research into motivation's role in effective language acquisition and classroom management (Gardner, 1959, 1985). This approach rejuvenates teaching and learning by countering traditional teacher-centric methods.

The author's motivation stems from experiences as a high school English educator. The study examines how LCC adoption can enhance learning outcomes, growth, and achievement. Insights are drawn from teaching in diverse Duhok institutions, with emphasis on Chiya Preparatory School for Boys.

Despite curriculum shifts post-2007 aligning with communicative language teaching (CLT) and learner-centered principles, English proficiency progress among Kurdish learners has been limited. This stagnation is attributed to incomplete curriculum execution and reliance on traditional methods. The paper advocates integrating learner-centered principles tailored to individual needs (Weinberger and McCombs, 2003) and boosting engagement (Meece, 2003).

This study explores the viability of a learner-centered approach to motivate students within a Kurdish secondary classroom. The paper comprises an introduction, background, discussion, and conclusion. By emphasizing the importance of learner-centered pedagogy, the study underscores its potential to inspire academic excellence.

AN ANALYTICAL STUDY OF INTELLECTUAL PROPERTY (IP)-RELATED ALTERNATIVE DISPUTES RESOLUTION (ADR) LAWS AND THEIR IMPLICATIONS, IMPLEMENTATION IN UNITED STATES OF AMERICA (USA) AND PAKISTAN

HAFIZ USMAN GHANI, BALQEES AMJAD — 2024-01-04

Objective: This study explores and compares the Intellectual Property (IP) Alternative Dispute Resolution (ADR) frameworks in Pakistan and the United States, focusing on their legal systems and ADR cultures.

Global Context: Societies worldwide seek innovative dispute resolution mechanisms for swift and timely justice.

Methodology: The analysis contrasts the ADR landscapes of Pakistan and the USA, acknowledging their shared commitment to IP protection. Special attention is given to the USA's more advanced ADR infrastructure and Pakistan's progress through the Intellectual Property Organization (IPO), including specialized IP ADR courts and guidelines.

Recommendations for Pakistan's IP ADR Framework Enhancement:

Strengthened Oversight: Advocate for reinforced oversight by the Intellectual Property Organization (IPO).
Comprehensive Training: Call for comprehensive training programs for IP law officials and judges.
Tribunals Establishment: Propose the creation of IP law tribunals in each division for broader accessibility.

Advocacy for Specialized Enforcement Units and Stringent Penalties:

Legal Framework Reinforcement: Suggest establishing specialized enforcement units and stringent penalties to fortify Pakistan's IP legal framework.

Mandatory ADR Bench at High Court Level:

ADR Bench Establishment: Propose the establishment of a mandatory ADR Bench for IP disputes at the high court level.
Effectiveness of Specialized Benches: Emphasize the effectiveness of specialized benches in streamlining IP dispute resolution processes.

Conclusion: The study provides measures to strengthen Pakistan's IP ADR landscape, aiming for a more efficient resolution of intellectual property disputes. The proposed enhancements include reinforced oversight, comprehensive training, tribunal establishment, specialized enforcement units, stringent penalties, and the introduction of a mandatory ADR Bench at the high court level.

THE ROLE OF INTERNATIONAL AGREEMENTS IN PROMOTING TRANSPARENCY AS A MECHANISM TO COMBAT ADMINISTRATIVE CORRUPTION

BERKOUK YOUCEF — 2024-01-04

Democratic systems encourage institutions, non-governmental organisations and citizens to work towards improving the governance system and achieving good governance. This is done through the adoption of various programmes aimed at governments to meet international standards of management, such as transparency, as a new approach to monitoring administrative activities within the framework defined by constitutions in the context of communication between the state and society.

The commitment to the principles of transparency is leading to changes in management practices. The concept of transparency has been enshrined in numerous international agreements, and its impact extends to the domestic legislation of countries. These agreements have obliged governments to conduct their affairs in a clear and transparent manner that is accessible to society

LEGAL POWERS OF THE HIGH AUTHORITY FOR TRANSPARENCY, PREVENTION, AND CONTROL OF CORRUPTION, STUDY UNDER LAW22-08 AND THE UNITED NATIONS CONVENTION AGAINST CORRUPTION

DJILALI ELHOSSEYN, BELAHCENE NORA — 2024-01-04

In its efforts to establish the rule of law and justice, Algeria had given priority to combating corruption and establishing openness in the conduct of public affairs. Because financial and administrative corruption has found a place in public money.

Law No. 22-08 of 05 May 2022 was promulgated as a step towards establishing the highest authority for transparency and preventing and controlling corruption, which replaced the current national body. It was the result of compliance with the new provisions of the Constitution of 2020, which demonstrated the State's determination to strengthen oversight, to achieve integrity in the management of administrative processes and to ensure proper management of public finances, as well as to follow the global trend in preventing and combating corruption. Represented by the 2003 United Nations Convention against Corruption, ratified by Algeria in 2004.

EFFECTIVENESS OF THE POVERTY ALLEVIATION PROGRAM IN BATUBARA REGENCY

DEDENG IRAWAN, MHD. SYAHNAN, ISNAINI HARAHAP — 2024-01-04

Welfare is one aspect that is quite important to maintain and foster social and economic stability. This condition is also needed to minimize the occurrence of social jealousy in society. Inequality in people's welfare and empowerment in all regions that has occurred so far has resulted in disparities in various aspects of social and economic life of the community, including community participation in regional development which also makes them very vulnerable. The concept of poverty in general defines that poverty is the condition of a person or group of people where they do not have sufficient resources to meet the necessities of a comfortable life, both in terms of the economic, social, psychological, and spiritual dimensions. The main challenge in the short term is to increase the welfare of the poor through an approach to fulfilling basic needs, increasing and developing productive economic enterprises, as well as providing social security and protection. This research is a combination research or mixed methods. The results of this study indicate that after the BLT & RUTILAHU Program, the Health Assistance Program (KIS), the Education Assistance Program (KIP), the KUBE Assistance Program shows a difference, namely that they are more prosperous than before receiving assistance, this is also in terms of Religiosity, the condition of the beneficiaries before and after getting help, their level of religiosity is different (better) than before getting help.

BANKRUPTCY OF A ONE-PERSON COMPANY IN ACCORDANCE WITH DECREE LAW NO. 9 OF 2016, AS AMENDED BY DECREE FEDERAL LAW NO. (35) OF 2021

Fouad Ali Al-Quhali, — 2024-01-04

We addressed the issue of the bankruptcy of a one-person company by Decree-Law No. 9 of 2016, amended by Federal Decree Law No. (35) of 2021 AD, through two sections. We devoted the first section to researching the conditions for the bankruptcy of a one-person company, as the company must acquire the status of a trader to be declared. Bankruptcy, as well as the one-person company stopping paying its debts, and this stopping being the result of a disturbance in the company’s financial position. As for the second section: we discussed the issue of the implications of the ruling declaring the bankruptcy of a one-person company. The researcher reached many results and recommendations, including the permissibility of declaring the bankruptcy of the owner of a one-person company in the event of the company’s bankruptcy, if that person’s funds interfere with the company’s funds difficultly. His dismissal, in addition to his responsibility with his own money for the company’s obligations if the owner does not separate his interest from the company’s. We also recommend that the UAE legislator regulate the provisions of the one-person company in Decree-Law No. (32) of 2021 regarding commercial companies, as is the case with all other commercial companies

INTERNATIONAL LAW AND HUMAN TRAFFICKING: PREVENTION AND CONTROL IN INDONESIA

ALIF OKTAVIAN — 2024-02-16

Human trafficking has now become an organized transnational crime. Human Trafficking is a very heinous form of cruelty, this is because Human Trafficking in its implementation greatly violates human rights (HAM). Human trafficking generally occurs in vulnerable groups and is a form of action that violates the provisions of international law. This research aims to analyze the role of international law in preventing and dealing with criminal acts of human trafficking. This research is normative legal research using a statutory approach and a case approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The research results show that even though Indonesia has adopted the Palermo Protocol and ratified related conventions, the implementation of laws, such as Law Number 21 of 2007, still faces significant challenges. Weaknesses mainly lie in the lack of coordination between institutions, which hinders effective handling of human traffickers. This phenomenon results in the implementation of laws that are not yet fully effective in fighting these crimes. Therefore, increasing inter-institutional coordination, in-depth evaluation of the implementation of laws, and active involvement of civil society are crucial to strengthening preventive and law enforcement measures, as well as protecting human rights, especially for women and children victims who are vulnerable to becoming victims. target of human trafficking.

THE PRACTICAL CHALLENGES OF ELECTRONIC LITIGATION IN ALGERIAN LAW: BETWEEN ISSUES AND SOLUTIONS

BOUDJANI ABDELHAKIM, GHERBI SOREYA — 2024-01-04

The Algerian legislature acknowledged electronic litigation since 2015 under Law No. 15-03, which pertains to modernizing justice and is titled "Remote Visual Trial." However, this technology was not widely implemented until the year 2020, when the COVID-19 pandemic necessitated its adoption to ensure the continuation of judicial activities. This was accomplished through Order 20-04, which amended the Criminal Procedure Law to activate this technology. Despite the efforts made by the Ministry of Justice to optimally implement the electronic litigation system, its practical implementation and widespread adoption across all judicial bodies have proven more complex than anticipated. This is due to the legislative framework's inadequacy in regulating its procedural aspects and the various systems associated with electronic litigation.

EFFECTIVENESS OF THE POVERTY ALLEVIATION PROGRAM IN BATUBARA REGENCY

DEDENG IRAWAN, MHD. SYAHNANB, ISNAINI HARAHAPC — 2024-01-04

THE SPECIFICITY OF CONSENT WITHIN THE FRAMEWORK OF MEDICAL EXPERIMENTS ON LIVING HUMAN EMBRYOS IN ALGERIA

IBTISSEM SI ALI, HORIYA SOUIKI — 2024-02-20

The condition of consent is one of the most significant requirements stipulated by the legislator within the provisions of Health Law 18-11, due to its pivotal role in legitimizing medical experiments, which requires that this consent must be free, honest, and informed; and it must be issued in written form, with the possibility of revocation, allowing the termination of the experimentation at any time upon request. However, no clear stance has been taken regarding consent within the framework of medical experiments on living human embryos. The legislator has merely established a general legal foundation, emphasizing the necessity of obtaining consent from the legal representative in cases where the subject of the experiment is unable to provide consent. This can be considered as an indication of the permissibility of experimentation based on the consent of the legal representative.

AN OVERVIEW OF DEATH PENALTY POLICY IN BANGLADESH: A CALL FOR REFORM IN THE CONTEXT OF INTERNATIONAL PROSCRIPTIONS

MOHAMMAD SAIFUL ISLAM — 2024-01-04

– Punishment seems a key instrument for preventing a certain wrongdoing or illegal action. The death sentence has a long history of serving as a dignified first step, as well as an effective deterrent and crime-prevention measure. The modern criminal justice system seeks to reform the offender rather than exacting harsh punishment. Along with the claim that the death penalty violates an individual’s right to life, there is a protracted discussion about the actual efficacy of the death sentence in preventing and deterring crime. A large number of non-fatal and economic crimes, as well as many other offences, have Bangladesh as the retentionist nation. The study makes an effort to investigate Bangladesh’s policy toward the death sentence in contemporary times, when there is a global trend to curtail its use with a view to its eventual abolition. The scholarship has acknowledged that the Constitution and other ordinary laws both have the mandatory death penalty. The study demonstrates that the State’s policymakers heavily rely on the death penalty to reduce crime, even occasionally new offences that convey the death penalty have been added to the law since the country became a signatory to the International Covenant on Civil and Political Rights (ICCPR). The study’s final goal is to find ways to lessen the death penalty; therefore, it displays numerous models that could work as viable approaches for policymakers to consider.

INTERNATIONAL SALES LAW AND ITS INTERPRETATION

MIKLÓS KIRÁLY — 2024-01-04

The study reviews and compares the sources of uniform substantive law on international sales and contracts, to give an overview of the methods elaborated to interpret them. Have uniform law instruments hammered out a common solution for their interpretation? They have gradually confronted with the problem of interpretation and developed the rules governing interpretation, moving away from the definition of the content of some specific legal concepts towards abstract principles of construction, such as the international character of the instrument. The most influential in this area has been the regulatory approach of the Vienna Sales Convention. However, there are still distinctions in relation to the possible role of private international law (conflict of laws), more precisely the role of the national law designated by private international law, in filling loopholes.

HEURISTICS AND COGNITIVE BIASES IN JUDICIAL DECISIONS: INTERDISCIPLINARY ANALYSIS TO UNDERSTAND THE JUDICIAL DECISION FROM COGNITIVE PSYCHOLOGY

2024-01-04

A court decision can have a significant impact on the life of a person or a community. Judicial decisions not only require the understanding and specific monitoring of regulations, but are also associated with the cognitive processing of information by professionals in the area, such as lawyers, judges, conciliators or other entities whose powers have been granted by law for the resolution of judicial or extrajudicial processes. Therefore, it will be relevant to recognize influences in the reasoning and minimize conditions that affect the proper judicial decision making. The objective of this study was to identify the heuristic processes and cognitive biases for judicial decision making from the perspective of cognitive psychology. It was developed under a qualitative approach of hermeneutic method. The information was collected through the documentary review technique and the discourse analysis was used in the documentary analysis matrix. As results, the heuristic processes and cognitive biases with predominance in judicial decisions were identified, highlighting the heuristics of representativeness, availability and anchoring; in the classification of biases linked to the judicial decision, the bias of the law of small numbers, bias of overconfidence and bias of equiprobability stand out.

STRENGTHENING THE QUALITY OF EDUCATION IN MONTERÍA: PEDAGOGICAL INNOVATION AND DEVELOPMENT OF COMPETENCIES FOR THE 21ST CENTURY

2024-01-04

The article analyzes educational practices in Monteria, Colombia, with emphasis on improving quality and developing competencies in secondary school. It proposes to innovate pedagogical strategies to face global and technological challenges, highlighting the importance of communication skills and computational thinking. The study addresses the influence of school climate on student performance and the need for evaluations that go beyond traditional methods. Educational strategic planning is examined, integrating communicative and computational competencies. The role of the teacher in promoting student-centered learning is emphasized and the relevance of computational thinking is discussed. The research concludes with a proposal to renew pedagogical strategies in Monteria, incorporating innovative teaching methods and continuous teacher training. This approach prepares students not only for academic success but also as responsible citizens in a globalized environment.

PRINCIPLE OF SOLIDARITY OF TAXPAYERS IN COMPLIANCE WITH THE SOLEMN REQUIREMENTS OF THE MINIMUM PENSION GUARANTEE IN COLOMBIA

2024-01-04

This article is intended to determine compliance with the principle of solidarity in the accreditation of the legal requirements to obtain the minimum pension guarantee in Colombia; The topic was addressed through a rigorous analysis of the theories and legal foundations of the topic of concern, as well as from the methodological approach directed from the interpretative paradigmatic view, the qualitative approach and the use of the methods of legal hermeneutics. yielding a thorough study of the requirements to obtain the minimum pension guarantee, where it was determined that the constitutional principle of solidarity is reflected in respect for compliance with these, granting within a maximum period of four months for the payment of the first pension allowance that guarantees a minimum subsistance wage and a development of life in dignified and fair conditions for workers who, during their working life, earned a current legal monthly minimum wage.

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Retracted — 2024-01-04

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STRATEGY FOR THE STRENGTHENING OF SCIENTIFIC COMPETENCIES IN THE TEACHING OF CHEMISTRY

JAYSON BERNATE, INGRID FONSECA, ANGELA LOPEZ, ORLANDO SIERRA — 2024-01-04

Scientific competencies are related to inquiry, argumentation and explanation processes. Its strengthening allows the understanding of nature and the environment. The objective of the study is to implement an educational strategy for the strengthening of scientific competencies in the teaching of chemistry. The methodology is mixed with the performance of laboratory activities. The sample is made up of 33 students of eleventh grade of an educational Institution located in a rural area of Colombia, who don’t have technological resources (cellphone, computer, internet, among others). The data collection comes from a questionnaire of natural sciences (chemistry) that served as pre-test and post-test, a script of open questions and the activities developed in class and experiments. It is concluded that by implementing the didactic sequence it was possible to generate changes in the teaching of science and strengthen scientific thinking through experimentation in the classroom. It is recommended a cross-cutting approach of scientific thinking in subjects such as physics, biology and chemistry.

THE ACCOUNTING AND LEGAL PROFESSIONS IN THE DIGITAL AGE: AN ANALYSIS OF NEW DYNAMICS AND TOOLS

2024-01-04

Digital transformation in accounting and legal practice is redefining the delivery of professional services. This study synthesizes research on emerging technologies in the legal and accounting fields. It uses a qualitative descriptive documentary approach based on scientific articles and follows the guidelines of a narrative review. The results highlight contributions in areas such as efficient document review, outcome prediction, task automation, document authentication using blockchain, legal assistance with chatbots, virtual and augmented reality in scene reconstruction and legal data visualization, smart contracts, transcription of legal conversations, remote access to documents in the cloud, cybersecurity, and confidentiality in advisor-client communications. It is concluded that these advances have transformed legal and accounting practice.

REIMAGINING POLITICAL SCIENCES' CONTRIBUTION TO ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT AS A REINFORCEMENT TO THE LEGAL APPROACH

MOSTAFA KAMEL FOUDI, YAHIA MADJIDI — 2024-01-04

This study seeks to emphasize the contributions of Barry Buzan and Ole Weaver in expanding the scope of urgent issues to include environmental concerns, recognizing their significance alongside political matters. Instead of solely securitizing political issues, they advocated for addressing environmental threats as well.

In our research, we explored the perspective of the Copenhagen School of Security, which incorporated the environmental dimension into security studies, thereby amplifying the urgency of environmental problems. Consequently, the security implications of environmental issues garnered the attention of both governmental and non-governmental organizations. Numerous conferences were held, and international treaties were concluded to promote sustainable development in response to these concerns.

MECHANISMS OF ECONOMIC EMPOWERMENT OF ALGERIAN WOMEN AND THEIR IMPACT ON FEMALE ENTREPRENEURSHIP.

SADIK SIHAM — 2024-01-04

Women's economic empowerment is the fifth goal of the Sustainable Development Goals for 2030. Achieving this empowerment is crucial for optimal utilization of human resources, necessitating a reconsideration of economic structure within the framework of economic globalization. Algeria, recognizing the importance of women's engagement in sustainable development, has implemented a legislative framework to enhance their economic status. It has adopted various strategies impacting the labor market, particularly concerning gender-based positions and business management, positively influencing female entrepreneurship within the country.

THE INTERNATIONAL PROTECTION OF THE RIGHT TO LIFE

HEZIL DJELLOUL — 2024-01-04

The right to life is an inherent privilege that accompanies every individual's first breath. It's the basic entitlement to exist, with both body and spirit deserving respect, as living beings with life granted, many believe, by a higher power. This right is like a treasure, because without it, one ceases to exist. This is why the right to life is considered a fundamental human right – as death signifies the complete end of that person's existence

LEGAL ANALYSIS OF DISABILITIES OF COMMON ORIGIN IN THE PRIVATE SECTOR IN COLOMBIA: EMPHASIS ON REHABILITATION AND REINCORPORATION

2024-01-04

The objective of this article is to analyze the procedure established in the legal norms applicable to the private sector when disability of common origin requires rehabilitation and reincorporation in Colombia. The project methodology is oriented from a qualitative perspective, the use of the legal hermeneutics method, as well as interpretation and analysis of the arguments proposed by entities; The Convention on the Rights of Persons with Disabilities (2008), The Ministry of Labor; doctrinaires such as Gloria Stella Ortiz Delgado, (2019), Antonio José Lizarazo Ocampo, (2020 and 2021), among others; did not lead to defining reinstatement as the final phase of the rehabilitation process of the disease of common origin as the beginning of a path of adaptation that the worker will experience, which is guaranteed in a large percentage by the employer and which will depend greatly on the environment or work situation that they have, the challenges in fulfilling the functions of their position that must be accommodated to what their new capabilities allow and the harmony, collaboration and understanding that their co-workers, employer, family, and society offer them.

THE NEW COLD WAR AND THE THREATING OF INTERNATIONAL PEACE AND SECURITY

FOUDI MOSTAFA KAMEL, AGARI SALEM — 2024-01-04

The international arena has been marred by numerous crises that have resulted in a failure to achieve international peace and security, raising doubts about the ability of the Security Council to effectively address and confront these issues. Crises in Libya, Syria, and Ukraine have heightened concerns and fears among major powers, leading to a complication of the decision-making process within the Security Council.

This research highlights the Security Council's weak handling of the issues at hand, making the divisions among international powers a prominent characteristic. This has impacted the Council's effectiveness, resulting in a state of international polarization. It has also sparked an international debate about a "new Cold War" on the horizon, where increased competition among major powers has rendered international law ineffective and undermined the liberal approach in international relations. The liberal approach asserts that international institutions play a pivotal role in avoiding wars and promoting international stability

CONCLUSIONS DRAWN FROM THE CHARTERS OF THE ORDER OF ST. ANTHONY'S ACTIVITY IN HUNGARY

HABIL. ORSOLYA FALUS — 2024-01-04

The order of the Crusaders of St. Anthony, the predecessor of the Antonites, was a lay brotherhood founded at the end of the 11th century in France. This organization differed from the other Hospitaller Crusaders in that they did not engage in warfare. Since the foundation, their task has consistently been patient care and, within that, the fight against "St. Anthony's fire": ergot poisoning. The earliest documents on the nursing activities of the Antonites in Hungary date back to the beginning of the 14th century. The paper presents the operation of the order in Hungary by analyzing the available contemporary documents, focusing primarily on its main house, Daróc (now: Šarišské Dravce, Slovakia), and the conditions of the management of the Pozsony (now: Bratislava, Slovakia) hospital. The charters are, on the one hand, agreements regarding hospitals they operated, and on the other, documents related to their fundraising. Indulgence letters from the period of the above-mentioned preceptor Albert of Tapolca belong to the latter category. The role of the Antonites seems to decrease more and more starting from the 15th century. City councils gradually took complete control over their hospitals everywhere, and after the Reformation that spread in the meantime eventually led to the end of the role of the Antonite Order.

THE URGENCY OF E-ARBITRATION IN DISPUTE RESOLUTION IN THE ERA OF THE INDUSTRIAL REVOLUTION 4.0 IS REVIEWED FROM LAW NUMBER 30 OF 1999 CONCERNING ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION

LUDY HIMAWAN, RETNO SARASWATI, EKO SOPONYONO — 2024-01-04

The development of technology and information in Indonesia is currently happening very quickly. People know it as Industrial Revolution 4.0, which is an era of digitalization that combines automation technology with cyber technology. The Industrial Revolution 4.0 has forced us to change the way we judge by maximizing the use of current digital technology. Changes in legal methods not only in terms of legal actions but also in law enforcement including ways of resolving disputes. The existence of technological developments has influenced arbitration as a form of Alternative Dispute Resolution (ADR) so that it has experienced developments that were initially only conventional towards online arbitration where almost all arbitration implementation from registration to awarding is carried out via the internet network (online). E-Arbitration, also known as online arbitration, has now become an attractive option for resolving disputes, therefore the existence of E-Arbitration is a law that is aspired to. The existence of E-arbitration is also regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. With E-Arbitration, it will be easier to connect parties from various countries who want to resolve disputes quickly and at a low cost. The approach method used in this research is the normative juridical approach, namely a method that uses secondary data sources, namely statutory regulations, legal theories, and the opinions of leading legal scholars, which are then analyzed and draw conclusions from the problem. which will be used to test and review secondary data.

BUSINESS JUDGEMENT RULE AND CRIMINAL ACTS OF CORRUPTION THAT HARM THE FINANCES OF THE INDONESIAN STATE

CHANDRA NOVIARDY IRAWAN, PUJIYONO, IRMA CAHYANINGTYAS — 2024-01-04

The emergence of various problems in the application of the principle of the Business Judgment Rule in Indonesia as well as the existence of the Board of Directors of SOEs who must be personally responsible for business decisions that are detrimental to the Indonesian state's finances. This study was conducted to determine the qualifications of actions that can be protected by the Business Judgment Rule principle or actions that can be subject to criminal acts of corruption that are detrimental to the Indonesian state finances. The research method used is normative juridical research conducted through library research and analyzed by qualitative research methods on the secondary data found. Data collection techniques through literature study. The results show that the SOE Directors in making their business decisions by the Business Judgment Rule principles must be freed from personal responsibility as long as the policy or business decision or transaction is carried out in good faith, with full prudence, and within the scope of their responsibilities and authorities. If there is one condition that is not met, the SOE Directors can be held personally accountable. In this case, a criminal act of corruption can be imposed because it has harmed the Indonesian state's finances.

ASSESSING JUDGE'S ROLE IN DIVERTING SERIOUS OFFENDERS: PROGRESSIVITY IN JUVENILE CASES WITH 7+ YEAR IMPRISONMENT POTENTIAL

FADLI ALFARISI, UMI ROZAH, PUJIYONO PUJIYONO — 2024-01-04

Purpose: The primary objective of this research is to investigate and analyze discrepancies in the application of diversion requirements, with a specific focus on juvenile offenders facing potential imprisonment sentences exceeding 7 years.

Theoretical Framework: The theoretical conception of this research centers on the idea of restorative justice and rehabilitation. It assumes that young offenders, due to their age and potential for change, should be diverted away from traditional punitive measures like imprisonment. Instead, diversion programs aim to address the root causes of delinquency, provide support and guidance, and involve the juvenile in repairing harm caused to victims and the community. This approach is grounded in the belief that intervention and redirection can prevent further criminal behavior, foster personal growth, and ultimately benefit both the young offender and society by promoting reintegration and minimizing recidivism.

Design/Methodology/Approach: This research adopts a dual-method approach, combining normative and empirical methodologies. The research employs descriptive research methods to examine how the judiciary handles cases involving minors eligible for diversion under the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 and Article 5 paragraph (1) of the Judicial Power Act.

Findings: The study's findings emphasize the need for the judiciary to embrace a broader concept of justice within the societal context. While legal certainty remains important, the research reveals the significance of societal fairness in the implementation of diversion programs. It highlights the gap between strict legal requirements and the principles of social justice, which should be addressed to facilitate more effective diversion processes.

Research, Practical & Social Implications: This research holds several implications. Firstly, it underscores the importance of aligning judicial practices with the evolving dynamics of society. Practical implications include the recommendation for legal reforms, particularly within the framework of the Juvenile Criminal Justice System, to adapt to changing community needs. This may involve revising the criteria for criminal acts eligible for diversion, allowing the justice system to better serve the interests of both minors and society at large.

Originality/Value: This study contributes original insights by shedding light on the divergence between legal norms and the concept of social justice, especially in the context of diversion for juvenile offenders. It emphasizes the necessity for legal reforms to ensure that the justice system remains responsive to the evolving needs and expectations of the community. Ultimately, the research highlights the importance of harmonizing legal requirements with broader societal values for the benefit of juvenile offenders and society as a whole.

AI DRIVEN DISTRUPTION: TRADEMARK INFRINGEMENT ON E-COMMERCE MARKETPLACES IN CHINA

ANNA POKROVSKAYA — 2024-01-04

This article aims to explore the complex dynamics of trademark infringement on e-commerce platforms in China, where AI plays a significant role in facilitating online transactions and complicating the enforcement of trademark rights. This article firstly provides an overview of the current e-commerce landscape in China, highlighting the dominant role played by major online marketplaces. These platforms have revolutionized the way consumers shop, leveraging AI to enhance user experience, streamline logistics, and personalize product recommendations. The article explores the existing legal frameworks and regulatory measures in place to combat trademark infringement in China's e-commerce ecosystem. Article concludes with a discussion of potential strategies to address trademark infringement on e-commerce marketplaces in China. The article investigates the significance of collaboration between marketplaces, rights holders, and authorities to enhance detection, enforcement, and deterrence measures. Additionally, we consider the implications of emerging technologies like blockchain and AI for trademark protection in e-commerce.

THE RIGHT TO REHABILITATION OF NARCOTICS ADDICTS IN THE FRAMEWORK OF THE PROTECTION OF HUMAN RIGHTS

IRWAN SAPTA PUTRA — 2024-01-04

Human Rights are gift inherent for humans. Limitations of state responsibility for people whoare being a victims. Their are harmed by control a supervision by the government in importing, exporting and using narcotics. Research objectives how is results rehabilitation of victims of narcotics abuse is an effective solution in suppressing the rate of narcotics abuse in Indonesia because it can break the chain of narcotics illicit traffic to get the rehabilitation. Why should the state be rehabilitation. What kind of the rehabilitation towards victims of Narcotics abuse. Rehabilitation for the people who in narcotics an effective get suppressing rate narcotics abuse in Indonesia because it can break the judicial process for victims of narcotics abuse.

INTEGRATION OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES INTO JUSTICE ON THE EXAMPLE OF AFRICAN COUNTRIES

EKATERINA RUSAKOVA — 2024-01-04

A holistic model for creating digital dispute resolution methods in African countries has not yet been developed, despite the adoption of various targeted programs for the transformation of judicial proceedings, modernization of the judicial system and procedural reform. In most African countries, various acts and strategies have been adopted at the national level regulating the country's digital development agenda, which emphasize the need to introduce modern digital technologies, including in judicial proceedings, and improve the quality of court equipment.

THE DEVELOPMENT OF DIGITAL NOTARY PRODUCTION AS A NEW OPPORTUNITY FOR TRANSPARENCY OF THE JUDICIAL PROCESS AND CIVIL TURNOVER IN AFRICAN COUNTRIES: USING THE EXAMPLE OF NIGERIA

EKATERINA RUSAKOVA , TATYANA CHERNYSHEVA — 2024-01-04

The global process of digital transformation of various spheres of society is being carried out in all countries of the world, and especially on the African continent. In the new geopolitical situation, African countries have become leaders in attracting investments, including Russian ones, which requires ensuring legal certainty of these relations. The transformation of most communication links into an electronic format has increased the importance and importance of such an institution as the notary office, which ensures legality and law and order. The article examines the positive experience of African countries in the development of digital notary and its impact on the administration of justice. In Nigeria, there has been a transformation not only of the judicial process, but also the process of becoming a digital notary is actively underway, which has solved certain problems related to the formation of an evidence base in litigation. The paper pays special attention to the transparency of legal proceedings, in the context of the relationship with the formation of a digital notary and presents ways to deepen these processes based on the experience of the BRICS countries.

PROOF OF FILIATION BY RECOGNITION OF PARENTAGEIN IN ALGERIAN FAMILY LAW

ALLEL YACINE , YALLES ASSIA — 2024-01-04

The primary objective of the regulated provisions for proving filiation in family law, is to preserve it by adopting several methods to establish legitimate paternity. However, the search for this truth remains relative, as the legislator has preserved a role for will in proving filiation through the means of recognition of parentagein and the testimony of witnesses, which are based on honesty and truthfulness. Recognition of parentagein is considered one of the most important methods of proving filiation, although its application may raise various practical issues. These issues revolve around the conditions for its acceptance and reliance in proving filiation, especially if the legal marriage is absent in the person who acknowledges paternity or maternity. This article examines the conditions for proving filiation through recognition of parentagein and the effect of the lack of marriage on proving paternity through recognition, in the light of jurisprudence and judicial reasoning of the Supreme Court.

A STUDY OF CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER THE INSOLVENCY AND BANKRUPTCY CODE: IT’S IMPACT ON THE COMPANIES

SADHNA GUPTA, AKHILESH KUMAR — 2024-01-04

Corporate Insolvency Resolution Process (“CIRP”) is enshrined under IBC, 2016 which majorly involves repercussions to the Companies. The IBC, 2016 brought about a paradigm shift in the Indian Corporate World by just offering a structured framework for resolving Insolvency issues which aims to enhance the ease of doing business, promote rights of creditors and to ensure a robust mechanism for distressed companies. It has been observed that the stakeholders are initiating insolvency proceedings in the garb of Recovery proceedings. Through extensive research it has done analysis of legal provisions, case studies which assess the multifaceted impact of the CIRP on companies undergoing insolvency proceedings. It scrutinizes both negative and positive consequences by considering some financial, operational and reputational dimensions which also involve the liability of statutory dues and employment dues if the Corporate Debtor is a successful apprehension.

Further, it sheds light on the broader economic implications of the said process. It investigates its role in preserving and potentially enhancing the value of distressed companies, safeguarding the interests of various stakeholders, and contributing to economic stability. The study identifies the factors that have driven effectively insolvency resolution and highlight areas where the Company has suffered in the garb of Recovery Proceedings and where the Company has been liquidated as an ultimate resort since creditors or the other person purport to destroy the reputation of the Company.

The Real Estate companies are further endangered since homebuyers as financial creditors can also initiate CIRP however; they tend to initiate proceedings in different fora too. The study also addressed potential challenges and shortcomings within the CIRP framework which are delays, ambiguities, complexities. It also explores that how the said process impacts the viability of businesses and offers insights the best practices that can be adapted to enhance the Indian law.

THE PROBLEM OF LEGAL PROOF OF THE CONTRACT IN ELECTRONIC TRANSACTIONS.

AZEDDINE WAFA, LARBES SAMRA — 2024-01-04

Civil law scholars and jurists are concerned with two important issues in electronic transactions: electronic contracting and electronic proof. Electronic transactions are a reality in today's world and are developing rapidly, but they face a problem related to proof. They require means other than the traditional ones in order to be consistent with legal solutions. Electronic transactions do not require specific legislation, except for electronic proof. As for contracts, they are subject to the general rules of contract theory, which, according to some opinions, are sufficient to accommodate this modern means of contracting. As far as Algerian civil law is concerned, some amendments have been introduced, but these are limited to clarifying the legal validity of proof by electronic means.

PUBLIC PROCUREMENT CONTROL MECHANISMS IN ALGERIA IN THE LIGHT OF LAW 23-12 ESTABLISHING THE GENERAL RULES FOR PUBLIC PROCUREMENT.

ISSAADI MOUNIR — 2024-01-04

In recent years, Algeria has combined the models of a welfare state, based on public spending to provide services to its citizens, and a regulated state, open to other actors that contribute to meeting the needs of the population. The state has issued legal texts to protect public funds from waste and misappropriation, and to regulate contractual relations with economic operators involved in development efforts, seeking economic efficiency in spending and respect for the rights of these operators. In this context, laws regulating public procurement play a role, one of the main pillars of which is Law 23-12, which establishes the general rules for public procurement. Its objectives include legitimising and regulating the control of public procurement, both before and after the conclusion of contracts, from within and outside the contracting authority, in order to safeguard public funds and achieve economic efficiency and integrity.

ALGERIAN CORPORATE GOVERNANCE: LEGAL FRAMEWORK ANALYSIS

AIDAOUI MOURAD — 2024-01-04

The interest of countries and international institutions in corporate governance and its formulation according to legislative or guidance methods is a practical embodiment of the theory of corporate governance. These principles align with the legal rules that govern commercial companies, complementing rather than conflicting with them. This synergy has transformed governance into an effective system aimed at enhancing the protection of all stakeholders related to the company. This study aims to explore the characteristics of corporate governance within the legal framework governing commercial companies in Algerian legislation. The assessment will focus on their alignment and suitability for implementation in consideration of internationally desired corporate governance principles.

THE IMPACT OF FOREIGN DIRECT INVESTMENT ON ECONOMIC GROWTH IN NORTH AFRICAN COUNTRIES: AN ECONOMETRIC STUDY USING PANEL DATA FOR THE PERIOD (2000-2019)

LAMINE HANI, PR. KELTOUM BOUHENNA — 2024-01-04

This study aims to estimate the impact of foreign direct investment (FDI) on the economic growth of a sample including four North African countries during the period (1990-2019). It utilized panel data analysis and the fully modified least squares method (FMOLS) to estimate the long-term relationship after confirming the existence of cointegration among the study variables.

The findings of the study indicate a positive and significant impact of foreign direct investment on economic growth in North African countries. An increase in foreign direct investment by 1% is expected to lead to a 0.02% increase in economic growth in the long term.

ALTERNATIVE METHODS FOR PUBLIC PROSECUTION IN CRIMES OF ASSAULT ON MARINE ENVIRONMENT

CHAOUKI MEDELLEL — 2024-03-04

The responsibility for environmental damage presents a unique challenge to traditional legal frameworks, necessitating specialized approaches to address its specificity. This study explores alternative methods, such as reconciliation and criminal mediation, within the Algerian legal context to resolve disputes related to assaults on the marine environment. These methods, while offering potential advantages such as time-saving and amicable resolutions, must be carefully implemented and complemented by traditional judicial intervention where necessary. The study delves into the scope and application of reconciliation and criminal mediation, highlighting their potential roles and limitations in addressing environmental offenses. Furthermore, it examines the legislative framework governing penalties for crimes against the marine environment, including fines, imprisonment, and confiscation measures. By evaluating the effectiveness and efficiency of these alternative methods alongside traditional legal approaches, the study provides insights into enhancing environmental protection and ensuring justice in the face of environmental harm.

THE INTERSECTION OF LAW AND ECOLOGY: THE ROLE OF THE JUDICIARY IN SAFEGUARDING ENVIRONMENTAL HUMAN RIGHTS

Abdelsadok Kheira , Slimane Anouar — 2024-01-04

The present study delves into the pressing issue of environmental protection, focusing on the changes, pollution, and their negative impacts on human life. Recognizing the global concern, the study highlights the efforts made by the United Nations and other international bodies to develop mechanisms for environmental protection akin to other human rights protections. Despite these efforts, the study argues that the existing measures are insufficient without enabling individuals to claim their environmental rights at various levels. The technological development, while providing services, has also led to environmental damages, necessitating international vigilance. The study culminates in proposing key recommendations, including the necessity of an international treaty encompassing all environmental agreements, the need for national legal recognition of the human right to a healthy environment, and the vital role of public awareness and civil society organizations. The study underscores the importance of a coordinated global approach to environmental protection as a fundamental human right.

LEGAL PROTECTION AS A MECHANISM TO RATIONALIZE E-CONSUMER BEHAVIOR

Bentaya Zoulikha, Hallab Hakim, Hamouta Abd Elaali — 2024-01-04

This paper aims to highlight the legal framework, which includes e-consumer protection. Algerian legislation explicitly stipulates a number of legal provisions that protect the consumer in general and the electronic consumer in particular. Such as law no. 09/03 which includes the protection of the consumer and the suppression of fraud, and law no. 04/02 on business practices, as well as law no. 18/05 on electronic commerce.

This study concluded that the law on electronic commerce no. 18/05 did not provide adequate consumer protection. Although this law contains some new legal texts concerning the content of the obligation to inform and the conditions of electronic publicity, in addition to specifying the obligations incurred by the electronic supplier, it has also established penalties for violating the provisions of this law. However, the most appropriate law for the protection of the electronic consumer is Law No. 09/03, especially since the latter contained sanctions of a deterrent nature other than those prescribed by law no. 18/05 which is represented only in financial fines.

LEGAL FRAMEWORK FOR ENHANCING COMPETENCY DEVELOPMENT IN THE AGE OF INDUSTRY 4.0: STRATEGIES AND CHALLENGES

IBNU SAHAL, PUJIYONO PUJIYONO, ASEP N. MULYANA — 2024-01-04

Law Number 5 of 2014, concerning Civil servants, regulates that it consists of Civil Servants and Government Employees with Work Agreements who work in government agencies. They have the same rights and opportunities in developing competencies, which can be achieved through various methods, such as education, training, seminars, courses, and upgrading. Competency development is further regulated through State Administration Institution Regulation Number 5 of 2018. Although the main challenge in competency development is budget limitations, modernization of competency development is necessary to keep up with the times, especially in the industrial era 4.0, characterized by digital technology. This research uses a normative legal research approach or doctrinal law and focuses on developing the competence of Civil servants within the Prosecutor's Office of the Republic of Indonesia. The research results show that the Indonesian Prosecutor's Office carries out various tasks and authorities covering the realms of criminal law, civil law, and the intelligence sector. The coaching sector at the Prosecutor's Office plays an important role in developing employee competency, including aspects of career development, personnel, and bureaucratic reform. The Education and Training Agency is the element responsible for organizing education and training for Prosecutor's Office employees.

GREEN LIBRARIES: A WAY TOWARDS SUSTAINABILITY

POONAM RANI, RAJIV CHOPRA — 2024-01-04

The concept of Green Library, comes under a broader concept of green building, design is a newly emergent trend that is shaping the libraries of the present century. The Green Library Movement (GLM) refers to the collective effort of various stakeholders such as libraries, towns, and academic campuses to reduce eco-degradation and promote sustainable practices in libraries. This manuscript deliberates the conditions necessary for a library to be considered "green," the role of librarians in this movement, the key features of green libraries, and various initiatives in India. Additionally, the paper provides a summary of the GLM and role of the librarian in the recent times in promoting environmentally sustainable practices. The major environmental issues of the present era like waste management, water and energy conservation and climate change continue to affect communities, libraries need to adapt their information resources and programs to address these burning issues. Recently, there is an augmentation in the green library structures and awareness about GLM across India. The present work suggests that the librarians must make themselves updated regarding the ongoing sustainability concepts with regards to the green library and GLM and also encourage environmental sustainable practices and spread awareness.

COMPARATIVE ANALYSIS OF INMATE REHABILITATION UNDER JINAYAH LAW AND CRIMINAL LAW IN CLASS IIB ACEH SINGKIL DETENTION CENTER

KASMANTO RINALDI, SATRIO ABDILLAH, SYAFRINALDI — 2024-01-04

This research aims to comparatively analyze the coaching of prisoners who violate jinayah law and criminal law in Class IIB Aceh Singkil Detention Center. This research identifies differences in the approach and objectives of coaching for both groups of prisoners. The method used in this research is mixed method, by distributing questionnaires to groups of prisoners and conducting interviews with the employees of Class IIB Aceh Singkil Detention Center The results showed that although both jinayah and criminal law prisoners receive personality coaching, there are differences in emphasis, especially in religious coaching for jinayah prisoners. The results of this study are expected to provide insight into the effectiveness of coaching in Class IIB Aceh Singkil Detention Center, as well as provide recommendations for improving coaching programs that are more effective and in accordance with the characteristics of prisoners.

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2024-01-04

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WOMEN'S LEADERSHIP AND GENDER INEQUALITY IN BUSINESS: GLOBAL AND LOCAL TRENDS AMID UNCERTAINTIES

2024-01-04

The main objective of this work is to identify different factors and indicators that affect gender inequality and allows us to compare female leadership in the main commercial cities of the world from a global perspective, and the city of Monteria, capital of the department of Cordoba, from a local perspective. The problem in the subject addressed is justified because the business environment continues to fail women, in terms of unequal job opportunities, discrimination, harassment, wages and often little spirit of solidarity with them. These are some of the points of coincidence of international reports such as Bloomberg Businessweek, UN Women, or the follow-up to the Sustainable Development Goals (SDGs), especially goal 5 which explicitly refers to gender equality. The research presents a qualitative, descriptive approach. It is based on updated documents such as texts and articles related to the aforementioned topic. The position in small and medium companies in the city of Monteria has been consulted, with reference to gender inequality in managerial positions. In the interpretation of the results of female participation in management positions in a follow-up of companies, it was found that between 2010 and 2015, 68% of managers were men and 32% were women in the SMEs of Monteria; in 2021 practically 58% are male managers, while 42% are female managers, showing a gradual increase in the participation of this gender in the SMEs of the city. Throughout history women have been seen in a passive role that society itself has imposed on them, but we have already seen how women have been leaders, have been great entrepreneurs, without leaving the role of being mother, wife and daughter.

STATE OF THE ART ON PRINCIPAL LEADERSHIP AND ITS INFLUENCE ON THE QUALITY OF EDUCATION IN EDUCATIONAL INSTITUTIONS

ELIANA JIMÉNEZ LÓPEZ — 2024-01-04

The approach to the school principal's leadership has been gaining importance since the early years of the 21st century, given that the school of this era faces challenges that require not only the attention of academic processes, but also school management from the planning, direction and evaluation of measures and strategies in the administrative, financial, directive and community areas in order to offer a quality education. The purpose of this document review is to analyze some recent research that has been developed as doctoral theses in the international context, and that deal with the way in which educational management and leadership styles can positively influence educational quality. For this purpose, a documentary review was carried out that allowed the identification of seven studies that complied with the thematic, geographical and temporal delimitation. As a result, it was found that knowledge of school management processes and the exercise of managerial, transformational and distributed leadership styles, among others, enable pedagogical leadership that provides educational quality, promotes innovation and improves the development of educational communities.

IMPACT OF DIGITAL MARKETING, SUPPLY, DEMAND OF GOODS AND SERVICES, OF THE TRADITIONAL BUSINESS SECTOR IN THE DEPARTMENT OF CORDOBA

BENJAMÍN CASTILLO OSORIO, CESAR AUGUSTO HERAZO HOYOS, MANUEL SALAS BERRIO — 2024-01-04

When talking about demand for subsequent consumption and the application of new technologies always comes to mind or you may be thinking about how the Internet has reached and penetrated the sphere of society, resulting in changes and transformations in the old and traditional customs to acquire or purchase material goods and services. As economists say, to demand, in order to consume, knowing that all goods and services disappear with consumption, a fundamental principle of the economy, all this indicates that the great processes of transformation that derive from the appearance of technological and scientific development, that is to say, ICTs, have a direct impact on the behavior of consumers and owners of neighborhood stores that at first were threatened by digital commerce or also called electronic who identified as enemy number one of their daily activities, consequently, today it is observed that who they saw as a dangerous enemy, has become a hope and alternative solution to the problem of the economic crisis that has exacerbated the pandemic of COVID 19 in Colombia and around the globe, because the way of marketing has changed substantially, As it is known, the way of buying using the technological tools known so far, generate a change in the mentality of consumers bringing as a result that the owners of stores are changing notoriously, because as can be seen with the entry of the pandemic, this phenomenon took so much strength, that home sales have grown tremendously and have managed to position themselves to the point that many entrepreneurs have been saved from the tail of the economic crisis and therefore the disappearance and closure of many businesses in the world, Colombia does not escape it and therefore the digital or electronic commerce, has been growing exponentially and has become a life-saving table for thousands of dozens of merchants.

LEGAL SUBSTANTIATION IN THE CRIME OF PEOPLE SMUGGLING BASED ON INDONESIAN IMMIGRATION LAW: A CASE STUDY OF MAIL ORDER BRIDES

M. ALVI SYAHRIN, TONY MIRWANTO, ANAS PUTRA ICHSAN — 2024-01-04

People smuggling with the mode of mail order brides is a crime opportunity for Chinese men to bring Indonesian women to China. Indonesian women are persuaded tens of millions of rupiah in the form of dowry to be married to Chinese men as a guarantee that when married Indonesian women will be treated like a married couple. But allegedly when they were in China, Indonesian women were not treated like a wife as they should be. Indonesian women are forced to work and even tortured if they do not follow the wishes of the Chinese husband. The formulation of the problem examined in this study is how to prove the elements of Article 120 paragraph (1) of Law Number 6 of 2011 concerning Immigration in the SDD case and what obstacles are experienced in proving cases of people smuggling with the mode of mail order brides. The research method used is empirical normative research by interviewing sources and collecting literature materials related to this research. From the results of the research, it can be seen that SDD's actions have fulfilled the elements of Article 120 paragraph (1) of the Immigration Law. However, immigration investigators public prosecutor have difficulty in applying and proving this article because there is a mode of mail order brides in mixed marriages involving two different nationalities.

PSYCHOLOGICAL WELL-BEING IN CAREGIVERS OF CHILDREN WITH DISABILITIES: BIBLIOMETRIC ANALYSIS OF THE LITERATURE

SYAHRINA HAYATI MD JANI, SITI NURUL AKMA AHMAD, MOHAMED SALADIN ABDUL RASOOL — 2024-01-04

The primary aim of this study is to find scientific literature on psychological well-being and to show how the publications in this field are designed.Bibliometric methodology, combined with the scientific mapping technique, were used in this investigation. Different procedures related to the qualification, scrutiny, assessment, and estimation of scientific documents were carried out.148 valid articles were retrieved from Scopus Database between 1990 to 2023 related to psychological well-being in caregivers of children with disabilities. The researchers initiated148 distinct articles. Medicine was the furthermost studied area followed by psychology which contributed to 54.73% and 52.03% total number of publications respectively. The findings also discovered that there was a clear interest among developed countries in studying problems related to psychological well-being. The findings revealed that the evolution in the study of psychological well-being is constant and continuous, with articles in English being the most used medium for researchers to present their findings. This study focuses specifically on a single database that functions as the primary source for the papers. While Scopus is widely recognised as a comprehensive database that indexes scholarly papers, it does not provide complete coverage of all available resources.This study's findings could contribute to the existing knowledge on providing a thorough analysis of trends in studies pertaining to psychological well-being.

COMPLETING THE LEGISLATION ON CONTROL AND TREATMENT OF ENVIRONMENTAL POLLUTION OF WATER FAR AWAY FROM INDUSTRIAL PARKS IN THE CONTEXT OF ADAPTATION TO CLIMATE CHANGE APPLICATION

TRAN THI THU VAN, NGUYEN THANH PHUONG, LE VUONG LONG — 2024-01-04

Controlling and treating water pollution in industrial parks is one of the important activities in environmental protection. However, currently, the implementation of this activity still has certain limitations and inadequacies, which seriously affects the quality of human life. The article focuses on analyzing, evaluating, and pointing out the limitations and inadequacies in environmental legal regulations on the issue of controlling and treating water pollution in industrial parks, as well as pointing out the Limitations in the application of these regulations in practice, from which a number of suggestions and recommendations for improvement are made.

MEASURING RESTORATIVE JUSTICE THROUGH LIVING LAW-BASED CRIME SETTLEMENT SYSTEM IN INDONESIA

FADLI ALFARISI, EKO SOPONYONO, UMI ROZAH — 2024-01-04

The restorative justice approach is currently developing as an effort to fulfill justice for the justitia ballen in the settlement of criminal cases. Restorative justice emphasizes the intersection of justice between perpetrators, victims, and society. This study aims to understand the correlation of restorative justice with living law in Indonesia in efforts to resolve criminal cases; as well as find values in society that can be a source of implementing restorative justice in Indonesia.This research is a non-doctrinal research with a qualitative approach. This approach not only sees law as a set of rules but also conceptualizes law as a set of values that must be realized in society.Renewal of criminal law and the criminal justice system in Indonesia that adheres to the social and cultural values of the Indonesian people, and is based on Pancasila is an ideal concept in criminal law reform related to restorative justice.

THE ACCORDION SQUEEZE-IN MECHANISM: EQUALITY COLLAPSE AMONG ASSOCIATES IN COMMERCIAL COMPANIES.

ZEKRI IMENE — 2024-01-04

The reduction of share capital can constitute an abuse of majority when the accordion plays a tune of minority rights violation. Operations involving the reduction of a company's capital to zero before a new subscription reserved for the majority shareholder occurs, provided that these decisions aim primarily to oust minority shareholders without any evidence showing that this ousting was justified by the company's social interest, are considered as a criterion for measuring majority manipulation and the resulting legal consequences, which mainly consist of the nullification of decisions deemed arbitrary against partners, as well as civil and criminal liability.

CRIMINAL LAW ON PROSECUTION OF CRIMINAL RESPONSIBILITY IN CASES OF CRIMES COMMITTED UNDER THE INFLUENCE OF ALCOHOL, BEER OR STIMULANTS – CURRENT STATUS AND DIRECTIONS FOR IMPROVEMENT

NGUYEN MONG CAM, TRAN HOANG TUAN DAT, NGUYEN THI CAM HONG, NGUYEN THANH PHUONG — 2024-01-04

From the provisions of the 2015 Penal Code, amended and supplemented in 2017 (hereinafter referred to as BLHS) on the prosecution of criminal liability (hereinafter referred to as TNHS) and the sanctions imposed on offenders. Due to the use of alcohol, beer or other strong stimulants when committing crimes, the author focuses on analyzing the above regulations in the context of criminals being forced, incited and enticed to use alcohol. Beer and other stimulants lead to loss of cognitive ability and behavioral control. On that basis, point out unreasonable points when prosecuting criminal liability and framing penalties for offenders due to the use of alcohol, beer or other strong stimulants in the above case and provide solutions to perfect law.

COMPARISON OF INHERITANCE OF LEGAL SYSTEM: INHERITANCE IN ISLAM, ANGLO-SAXON AND CONTINENTAL EUROPE

ASRIANTI SUKIRMAN, OYO SUNARYO MUKHLAS, JANUARIANSYAH ARFAIZAR, ALAMSYAH — 2024-01-04

This study aims to compare the concept of inheritance in three different legal systems: Islamic law, Anglo-Saxon law, and Continental European law. The main objective of this research is to analyze the differences, similarities, as well as the social and legal implications of these distinct inheritance systems. The research methodology involves a literature review and an analysis of relevant legislation concerning inheritance laws in the three legal systems under study. Data is collected from reliable primary and secondary sources, including Islamic legal texts, relevant statutes and court decisions in Anglo-Saxon law, and regulations and legal precedents in Continental European law. The findings of this study reveal that Islamic law governs inheritance based on Sharia principles, which divide the inheritance proportionally according to family relationships and religious provisions. Anglo-Saxon law adheres to the principles of intestate succession, where property is distributed to heirs based on the line of descent and specific rules in the law. On the other hand, the Continental European legal system bases the distribution of inheritance on a broader concept of lineage, encompassing more distant relatives as heirs. The social implications of these findings highlight the differences in how societies organize inheritance and the rights of heirs, which can impact fairness and harmony within families. From a legal perspective, the implications encompass variations in the protection of inheritance rights and the legal processes applicable in each legal system.

ENHANCING PRESCRIPTION CONTROL: A MECHANISM TO CURB THE DISSEMINATION OF PSYCHOACTIVE SUBSTANCES

AIDAOUI MOURAD — 2024-01-04

The medical prescription is a document issued by a licensed physician, specifying the medication to be dispensed by a pharmacist. It plays a crucial role in medical practice, being the only means to obtain certain drugs and medical preparations. However, it can be exploited by some individuals to facilitate the acquisition and distribution of psychoactive substances through forgery, formal alteration, or obtaining them through favoritism. Therefore, controlling prescriptions and increasing the responsibility of both the physician in issuing them and the pharmacist in dispensing them has become necessary to combat the trafficking and distribution of psychoactive substances, as enshrined by Algerian legislation in Law No.18-11 on Health and Executive Decree No.19-397 on the administrative, technical, and security control measures for psychoactive substances. Therefore, through this research, we will attempt to outline the key mechanisms of control over medical prescriptions, which can help curb the dissemination and trafficking of psychoactive substances.

THE NEWLY ESTABLISHED CONSTITUTIONAL MECHANISM FOR PREVENTION AND COMBATING CORRUPTION IN THE ALGERIAN CONSTITUTION OF 2020 AND LEGAL TEXTS

DAIM NAWAL, DERRAR ABDELHADI — 2024-01-04

As stated in the preamble of the constitutional amendment for the year 2020, the Algerian state has been and continues to be committed to preventing and combating corruption. To achieve this goal, it has worked on enhancing its efforts in this field and establishing a conducive environment for public life and combating various forms of corruption. This was achieved through the introduction of a new mechanism, in place of the National Authority for the Prevention of Corruption, known as the Supreme Authority for Transparency and Corruption Prevention. This mechanism aligns with the provisions of international agreements ratified by Algeria regarding the prevention and combating of corruption. Subsequently, the legal text regulating this authority was issued, encompassing its various powers and strengthening its essential role in promoting transparency and preventing corruption at both domestic and international levels.

THE HIGHER AUTHORITY FOR TRANSPARENCY, PREVENTION, AND COMBATING CORRUPTION AS A CONSTITUTIONAL MECHANISM IN ALGERIA.

BOUKER RACHIDA — 2024-01-04

This study aims to examine the Higher Authority for Transparency, Prevention, and Combating Corruption as a new regulatory institution established under Article 204 of the amended 2020 Constitution. This authority is tasked with transparency, prevention, and combating corruption, replacing the National Authority for the Prevention and Combating of Corruption. The study begins by exploring its conceptual framework, defining its structure and organization. It then delves into its powers as stipulated in the 2020 Constitution and those outlined in Law 08_22. Ultimately, the study concludes with the necessity of enhancing the independence of the Higher Authority through the election of its members and expanding its punitive powers, all while establishing a coordination mechanism between the Higher Authority and the Central Office for Combating Corruption"

THE JUDICIAL LIQUIDATION OF THE EXCEPTION OF UNCONSTITUTIONALITY IN ALGERIA

ELBORDJ MOHAMMED — 2024-01-04

The exception of unconstitutionality is an important development in the system of control of the constitutionality of laws in Algeria. It allows litigants to challenge legislative or regulatory provisions that violate rights guaranteed by the Constitution. Organic Law No. 22-19 provides the legal framework for the implementation of this mechanism through the double judicial resolution of the exception of unconstitutionality. The exception can be raised before the lower judicial authorities of the ordinary or administrative judiciary, which are responsible for verifying the formal and substantive conditions of the memorandum on the exception of unconstitutionality. It is then referred to higher judicial authorities, represented by the Supreme Court or the Council of State, depending on the case, to verify the seriousness of the exception of unconstitutionality. Finally, it is referred to the Constitutional Court to rule on the constitutionality of the legislative or regulatory provisions against which the exception has been raised.

LIABILITY RESULTING FROM ARBITRATION DECISIONS ISSUED BY INDEPENDENT ADMINISTRATIVE AUTHORITIES “A COMPARATIVE STUDY”

SAMIA KLOUCHA — 2024-01-04

Some independent administrative authorities in the French system and also in the Algerian system have the power to arbitrate between the conflicting parties, and arbitration decisions are issued regarding this authority. However, these decisions may be illegal or cause harm, so the independent administrative authority must be held accountable for these decisions, especially through reporting its responsibility for them.

The liability of the administrative authorities for arbitration decisions could be based on error, and that is if the elements of responsibility of the error, the damage, and the causal relationship between them are available. The responsibility of the independent administrative authorities could also be assumed without error, if the element of damage and its relationship to the legitimate behaviour issued by the independent administrative authority, represented in the arbitration decision, is present.

THE ALGERIAN APPROACH TO TRANSITIONAL JUSTICE IN LIGHT OF THE NATIONAL RECONCILIATION LAW

Mahieddine Hassiba — 2024-01-04

The Algerian approach to transitional justice in light of the National Reconciliation Law has a particular importance in light of the current international, regional, and even local situation, which has resulted in the consolidation of this discourse in the current political and legal literature. It also constituted the great challenge that faced the Algerian experience in order to gain acceptance at the domestic and international levels, as many specialists consider the Algerian experience a new and special approach in dealing with the terrorist phenomenon.

A CRITICAL REVIEW OF THE REGULATORY FRAMEWORK OF THE MINING OF TIGER'S EYE GEMSTONE.

SHADUNG J. MOJA, MATSELENG LEKGOTHOANE, HLAKO J CHOMA — 2024-01-04

Tiger’s eye (TE) mineral is currently mined on small scale mining in Griqualand West, Northern Cape Province. TE, a popular gemstone comprising an intergrowth of quartz and altered amphibole fibres, coexisting with crocidolite asbestos mineral within the Asbestos Hills Subgroup of the Ghaap group in the Transvaal Supergroup.[1] Mining and processing of asbestos has been banned in South Africa since 2008[2], which prompts the question of whether its restrictions overlap with the mining and processing of tiger’s eye. The major issue which raises legal and environmental implications is that mining of tiger’s eye within the Banded Iron Formation (BIF) of the Asbestos Hills Subgroup in Griqualand West Basin results in exposure of workers and the environment to the harmful crocidolite asbestos fibres.

Therefore, the study investigated whether the banning of asbestos mining include the prohibition of tiger’s eye mining and identify the legal and regulatory implications resulting from the mining. The DPSIR (Drivers, Pressures, State, Impacts and Responses) method was used to assess the implications of mining tiger’s eye in the context of sustainable extraction and use of the nation's mineral resources. The study recommends that the authorities should halt issuing mining rights and permits for tiger’s eye as it cannot be safely mined due to its coexistence with the banned crocidolite asbestos minerals.

[1]Mindat.org. (n.d.). Tiger’s Eye: Mineral information, data and localities. Retrieved October 18, 2021, from https://www.mindat.org/min-3960.htm

[2]Regulations for the Prohibition of the Use, Manufacturing, Import and Export of Asbestos and Asbestos Containing Materials

THE ROLE OF LEGAL FRAMEWORK IN ATTRACTING FOREIGN INVESTMENTS: THE CASE STUDY OF TOURISM SECTOR IN SAUDI ARABIA

REHANA PARVEEN, BUSHRA ALNASIR — 2024-01-04

This research paper uses Saudi Arabia as a case study to investigate how the legal framework affects the country's ability to draw foreign investments. Saudi Arabia, a country that depends heavily on oil, has accepted international investment in the travel industry. Due to its acceptance of significant international investments, Saudi Arabia has become a well-known travel destination, which has helped the country's economy. Since 2019, Saudi Arabia's legal structure has incorporated laws and an atmosphere that is conducive to tourism, and the number of visitors has been steadily increasing annually. Saudi Arabia's legal system guarantees the protection and safety of its visitors. To draw tourists, new resorts, sports facilities, playgrounds, movie theatres, and other amenities are constructed. In addition, this paper discusses regulations about travel, health insurance, and visas that have been implemented for visitors. Saudi Arabia has adapted its domestically more Islamic legal system to a more secular one for its visitors. In a nutshell, this study explores how Saudi Arabia's legal system supports the tourism sector, as well as the positives and negatives of this system and the significance of this framework for international investments in the kingdom.

THE STUDY THE RELATIONSHIP BETWEEN EXECUTIVE FUNCTIONS OF THE BRAIN AND LANGUAGE PERFORMANCES IN PATIENTS SUFFERING FROM APHASIA

HASSAN SHAFAEI — 2024-01-04

Introduction: In patients with aphasia, aside from impairments in language functions, deficits in non-linguistic cognitive skills may also affect their potential success in aphasia treatment. Therefore, the current study was conducted to determine the relationship between executive functions of the brain and language performances in patients suffering from aphasia.

Method: The research method employed was descriptive correlation. The Statistical population consisted of patients with aphasia referred to the Speech Therapy Unit at Razi Educational, Research, and Treatment Center in Tabriz in the year 2023. A sample of 50 participants was selected using purposive sampling method. In order to collect data, the Delis-Kaplan Executive Function System (2001) questionnaire and the Persian Aphasia Battery Test developed by Nilipour et al. (2016) were employed. Data analysis was conducted using the Pearson correlation coefficient method with SPSS version 24.

Findings: The findings revealed a significant and positive correlation between executive functions of the brain, including mental flexibility, problem-solving, verbal fluency, working memory, reasoning, and inhibitory control, with language performances such as oral expression, listening comprehension, reading, and writing (p < 0.05). Furthermore, the highest correlation was found between inhibitory control function and listening comprehension skill (r = 0.51), while the lowest correlation was observed between working memory function and writing skill (r = 0.24).

Conclusion: Based on the findings of the study, it appears that executive functions are involved in linguistic representations, suggesting that attention to cognition alongside language is recommended in the process of aphasia patient treatment.

MARITAL RAPE BETWEEN CRIMINALIZATION AND LEGALIZATION A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND LEGISLATION

ABDELHALIM BENMECHRI , HACINA CHERROUN — 2024-01-04

The issue of marital rape continues to be a subject of great legal debate. The established principle in criminal law is that the husband is not punished if he forces his wife against her will, as marriage grants him the right to have sexual relations with her even without her consent. However, the topic of marital rape has recently gained international attention, with many countries, especially Scandinavian ones, believing that marriage does not justify sexual intercourse without the consent of both parties. This is because the matter is primarily linked to the freedom to engage in sexual relations. The importance of this issue is further highlighted when referring to Algerian criminal law, which exhibits a lot of terminological confusion and lacks precision in defining the crime of rape, as it does not explicitly exclude the wife. This has led us to address this issue, hoping to find a solution based on what is stated in Islamic law.

AUTHORIZATION OF PROPERTY AS A MECHANISM FOR COMBATING ADMINISTRATIVE CORRUPTION IN ALGERIA

MOKRANI DJAMEL — 2024-01-04

Administrative corruption is the most serious type of corruption ever, as it cripples management and renders it unable to carry out the tasks required of it. This is a serious problem, given its adverse and destructive effects. The Algerian legislature has relied on numerous legal mechanisms and methods to reduce the spread of this scourge. Among these legal mechanisms is the mechanism for declaring property adopted by Algerian legislation as a legal mechanism for reducing and addressing administrative corruption. The Algerian legislature has therefore put in place an effective legal framework and controls to ensure the effective reflection of this mechanism and the achievement of the objectives to be relied upon; This mechanism is more effective in combating administrative corruption by placing it with an independent body.

THE LEGAL SYSTEM FOR REMOTE TRIAL IN ALGERIA

FARAOUN MOHAMED, ABBAR OMAR — 2024-01-04

The Algerian legislator adopted the trial system remotely under the law of modernization of Justice 15-03, where a pandemic was reflected in the justice sector and the rights and freedoms of litigants and the interruption of the convening of the urban presence trial to preserve safety and public security, which made the Algerian legislator issuing order No. 13-30 amended and completed the Law of Procedures The criminal, through which he set the conditions and conditions that regulate this type of trial and that solve many procedural problems that were facing the justice sector.

PRODUCT TRADEMARKS - GENERATION Z AT THE CROSSROADS OF ECONOMICS AND LAW: AN EXPLORATORY ANALYSIS THROUGH A MULTI-INDUSTRY APPROACH

HANGA HORVÁTH, LÁSZLÓ I. KOMLÓSI, RÓBERT DOBÓ — 2024-01-04

The paper is an attempt at delineating the key concepts of trademark, brand and country of origin which fall under the scope of intellectual property. Our dominant stance is of a legal nature, however, these concepts are analyzed in functional and relational terms as well since they constitute the link between manufacturers, certifying authorities, markets and customers. In this context, the paper focuses on the phenomenon of the Hungarian Product trademark and its impact on manufacturers and customers alike. It is argued that manufacturers can obtain brand and market security by having their products certified by the country of origin qualification label. In the case of customers, our research analyzes the role of consumer perception and consumer ethnocentrism in connection with the Hungarian Product trademark. Our study gives answers to the question of how consumer purchase intention can be better understood on the basis of the analyzed factors. An additional goal of our study is to provide feasible claims concerning the nature of the complex cooperation of law, economics and psychology which is required to increase desired buying intentions of the customers.

COPYRIGHT INFRINGEMENT OF PHOTOGRAPHS ON E-COMMERCE PLATFORMS: INTERMEDIARIES' LIABILITY IN THE NEW DAWN OF TIME

ANNA POKROVSKAYA — 2024-01-04

The article explores the complex and rapidly evolving landscape of copyright law in the context of e-commerce platforms and the growing concern of copyright infringement on these platforms, specifically with regards to photographs. This article examines the role of intermediaries, such as e-commerce platforms, in the context of copyright infringement and analyzes their potential liability for copyright violations committed by their users. The article also considers the implications of recent legal developments, such as the implementation of the Digital Millennium Copyright Act (DMCA) and the European Union's Directive on Copyright in the Digital Single Market. It evaluates the impact of these regulations on intermediaries' liability and their obligations to address copyright infringement. Drawing on extensive research and analysis, this article aims to provide a comprehensive understanding of intermediaries' liability in the copyright infringement of photographs on e-commerce platforms, offering insights into the legal complexities and potential solutions to safeguard the rights and interests of copyright holders in the ever-evolving digital landscape.

ANALYSING THE NEXUS BETWEEN ECONOMIC GROWTH, INSTITUTIONAL DYNAMICS AND ENVIRONMENTAL SUSTAINABILITY IN THE MENA REGION POST-COVID-19

ABDERRAOUF MTIRAOUI, ABDELMONEM SNOUSSI — 2024-01-04

The objective of this article is to theoretically shed light on the relationship between the quality of the environment, the institutional reality of corruption, and economic growth in the first instance. Secondly, we attempt to empirically study the direct and indirect effects of the institutional reality and environmental quality on economic growth in the MENA region before and during COVID-19 while applying simultaneous equations during the period (2018-2022). Among the main results found, the pandemic underscored the need for sustainable development and resilient environmental policies in the region.

THE EXPENDITURES OF AUTISM CAREGIVERS: EXPLORING THE POTENTIAL OF WAQF AS FINANCING CAPITAL

SYAHRINA HAYATI MD JANI, NURJANNAH SALLEH, FATANAH JISLAN, NOR AISHAH MOHD ALI — 2024-01-04

The development process of children with autism spectrum disorder (ASD) included physically, emotionally, socially, intellectually, and others. Unfortunately, the ASD available symptoms have been shown to significantly affect negatively such a low negative well-being (Gardiner & Iarocci, 2012: Ilias, Liaw, Cornish, Park, & Golden, 2017) and lead to stress among caregivers especially family as the main starter for ASD development. This study focuses on autism caregivers which is one of the mental health prevalence that commonly affecting youth beside bipolar disorder, conduct disorder, attention deficit/hyperactivity disorders, learning disorders, eating disorders, and childhood onset schizophrenia (Kamarulzaman & Jodi 2018). The rising of this ASD prevalence has raised concerns about the burden on government subsidies and government, caregivers still been burdened by financial stress to proper raised children with ASD. Beside financial, the psychological stress also burdens autism caregivers. According to Picardi et al., (2018), for caregivers, having a child with ASD are multifaceted and pervasive. This study aimed at exploring the subjective and objective burden of autism caregivers, and at the same time, improving the understanding about their internal burden, child’s characteristics, and parents’ coping resources and strategies. In fact, government or policy maker should move towards setting up alternative in a planned manner in ensuring that the alternative selected are in place. The general finding of this paper will show that, there should be strong willingness from government to devote, and make waqf institution as one of the financing capitals for ASD prevalence. Waqf as a financing instrument plays a huge role in upgrading the capabilities of the needy, especially to children with ASD and their caregivers. The function of waqf as Islamic financial instrument is proven in enhancing well-being in general and specifically for improving the quality of life of Muslim. Hence, this institution surely can assist the issue as alternative resources for government’s ASD expenditure.

TRAINING OF CITIZEN COMPETENCIES IN BACHELOR OF EDUCATION STUDENTS

SANDRA PUERTO, JAYSON BERNATE, LAURA ROJAS, JAYSON MENDOZA — 2024-01-04

Citizenship competencies play a crucial role in shaping future graduates by developing critical, intercultural, and ethical skills essential for navigating today's diverse society. Effective integration of these competencies into graduate programs requires a holistic approach combining various pedagogical strategies. By fostering critical thinking, empathy, civic engagement, and professional ethics, citizenship competencies prepare graduates to be active and responsible citizens. This training not only benefits individuals but also contributes positively to community and societal well-being. Educational institutions must recognise the importance of citizenship competencies and collaborate to integrate them effectively into curricula. Ultimately, future professionals equipped with these competencies are poised to make significant contributions to building a fairer, more equitable, and democratic society.

THE ROLE OF ARTIFICIAL INTELLIGENCE IN EDUCATIONAL PROCESSES

JULIO CESAR ROMERO PABÓN , GABRIEL MAURICIO VERGARA RÍOS , HAROLD VALLE FUENTES — 2024-01-04

The current context of the environment school, influenced by a growing offer of technological applications based on artificial intelligence, requires that all actors in the teaching-learning processes, and especially teachers as mediators of training processes, assume an attitude of resilience in the face of the necessary changes to make the most of these new ICT resources; so that, students can maximize their skills and become trained as teachers. Suitable people who are autonomous to make good use of technology to meet their needs in interaction with their social environment. The main concern was whether the use of artificial intelligence improves the teaching-learning processes, for which the opinion of specialists and avant-garde technologies was consulted, who assert that artificial intelligence has enough potential to transform education. It was also questioned if solving contextual problems of basic subjects with artificial intelligence strengthens the development of critical thinking in students. The role of artificial intelligence in teaching processes and its application in the classroom was also discussed. At last, it was reflected that so much confidence should be had in the solution of mathematical problems generated by artificial intelligence.

RECOMMENDATIONS FOR THE RESOLUTION OF GROSS VIOLATION OF HUMAN RIGHTS ISSUES IN INDONESIA

H. ERRYL PRIMA PUTERA AGOES, S.H. , DHONI MARTIEN, S.H., M.H., RUDY HARJANTO — 2024-01-04

This article delves into Indonesia's challenges in prosecuting human rights violations, emphasizing obstacles posed by time passage and a lack of credible witnesses. The Non-Judicial Settlement Team, established by Presidential Decree, aims to redress historical injustices. The author, an independent forensic expert, proposes an extraordinary policy to overcome evidence hindrances. Drawing on Gustav Radbruch's legal philosophy, the study advocates prioritizing justice over procedural formalism, aligning with the government's efforts to acknowledge, rehabilitate, and restitute victims. It stresses the urgency of addressing severe human rights breaches promptly, emphasizing alignment with ethical principles in legislation. The article concludes by asserting the necessity of addressing severe human rights breaches promptly, emphasizing the alignment of positive legislation with ethical principles. The proposed extraordinary policy and victim-centered approaches resonate with Radbruch's belief that legal norms should adapt to complex situations, reflecting a commitment to ethical principles.

ELECTRONIC AUTHENTICATION: TRUST AND SECURITY FOR ELECTRONIC TRANSACTIONS

BENKHADRA ZAHIRA, RADIA BOUDIA — 2024-01-04

To achieve trust and security in electronic transactions over the Internet, electronic certification authorities are relied upon as a neutral and reliable mediator that verifies the validity and integrity of transactions.

Certification authorities work to verify the authenticity of electronic signatures and ensure that they are issued by the person concerned.

Electronic certification authorities also issue certificates of authenticity that prove the validity and authenticity of electronic signatures. These certificates are relied upon by users to ensure that the electronic transaction is valid and has legal value.

MORAL RIGHTS OF THE CHILD IN INTERNATIONAL CONVENTIONS AND ALGERIAN LEGISLATION

FADLI SIDALI1. — 2024-01-04

Children are the future of society and the most vulnerable group within it. For this reason, it is essential to give them special attention and care by protecting their rights, not only financially but also morally, given the importance of the latter for the child's psychological well-being and its significant impact on their healthy personal development. Therefore, the Algerian legislator has sought to protect the rights of the child through a legal framework by ratifying the relevant international conventions and enacting specific legal provisions, in particular Law 15-12 on the Protection of the Child.

THE PRINCIPLE OF DISREGARDING OFFICIAL CAPACITY IN INTERNATIONAL CRIMINAL LAW

ABABSA SAMIR, BOT SOFIANE — 2024-01-04

The subjects of international law are states and international organisations, but individuals have also become subject to international criminal responsibility for committing international crimes. International criminal courts have addressed this issue, and based on the principle of holding individuals accountable, immunity cannot be used as a means of escaping punishment. Most international agreements and conventions have emphasised the disregard of the official capacity of the perpetrator in committing a crime, regardless of their status as head of state or military commander

RIGHTS-BASED FISHING AND INDONESIA’S CAPTURE FISHERIES REGULATION: TEORITICAL AND PRACTICAL PERSPECTIVE

RUSMANA , HUALA ADOLF , IDRIS , R. GUSMAN CATUR SISWANDI — 2024-01-04

In today's modern fisheries, Rights-Based Fisheries (RBF) is an approach to managing fish resources that has been adopted in various international legal instruments, is practiced by many countries, and has been proven to be able to realize fisheries management that is more effective, sustainable and provides economic benefits for fishing communities. This research aims to find out, from a theoretical and practical perspective, how RBF principles provide a framework for more effective and sustainable fisheries management, analyze how these principles are adopted in current capture fisheries management regulations in Indonesia, what issues and challenges are encountered, and suggest ways to overcome them. This research uses a qualitative approach with descriptive methods. The data used is secondary data from the literature which includes primary legal materials such as international and national fisheries law (customs) and secondary legal materials such as books, journals, and research results relevant to this research's objective. The results of this research show that until the end of 2022, capture fisheries regulations and policies in Indonesia are generally still based on open access and regulated open access, while rights-based fisheries management is implemented in a relatively limited scope, namely in the form of fisheries management by Customary Law Communities. The issuance of Government Regulation No. 11 of 2023 concerning Measured Fishing (PIT) marks the start of the broader application of RBF principles in capture fisheries management regulations in Indonesia. As a new regulation, PIT faces several issues and challenges, including unconsistency government policy, lack of fisheries scientific data, lack of local government involvement in public decision-making, and inadequate technology and facilities for monitoring and law enforcement. Therefore, the central government needs to evaluate and make improvements in several ways so that this policy can be implemented in accordance with its objectives.

STATE OF THE ART DESIGN: REFLECTIONS, MEANING, OBJECTIVE, STRUCTURE AND EXAMPLE

2024-01-04

The purpose of this review article is to reflect on the state of the art as a methodological tool, describe its meaning, present its objectives, present notes for its elaboration, propose a structure and finally present an example of construction. The methodology of the text is oriented, from the parameters of the interpretive paradigm and the use of the hermeneutic method to understand and interpret the arguments proposed by Bojacá (2004), Jiménez (2006), Baeza (2008), Guevara (2016), Saldarriaga (2019), Duque (2021), Rivas (2023), among other authors, who conceptualize and theorize about the state of the art as a methodological instrument.

DOI: https://doi.org/10.52783/rlj.v12i1.3931

ADMINISTRATIVE COURTS OF APPEAL AS A BODY ESTABLISHED IN THE ADMINISTRATIVE ARTICLE IN ACCORDANCE WITH LAW 22-13 AMENDING THE CODE OF CIVIL AND ADMINISTRATIVE PROCEDURE

LARBI Wardiya — 2024-01-04

The Algerian Constitution of 2020, through Article 179, introduced a new addition to the Algerian administrative judiciary by establishing independent judicial bodies representing the second level of adjudication in administrative matters. This addition is manifested in the Administrative Courts of Appeal.

The adoption of Law 22-13 amending the Civil and Administrative Procedures Code of 08-09 explicitly activated these bodies. The law clarifies their jurisdiction, whether as appellate bodies for judgments and orders issued by the administrative courts of first instance, or as bodies of first instance dealing with specific cases, as explicitly stated. The law also regulates their composition, the procedures to be followed before them and the manner in which cases brought before them will be decided. Thus, pending their actual establishment in practice, this step represents a significant leap by the Algerian legislature in the field of administrative justice, consolidating the principle of judicial duality.

THE JURISPRUDENCE OF TRANSACTIONS: A MODEL OF THE INFLUENCE OF MALIKI JURISPRUDENCE ON ALGERIAN LAW

NADIA SEKHANE — 2024-01-04

This study examines a key aspect in the development of Maliki jurisprudence, through the interaction of jurisprudential rulings with the practical challenges in the field of fatwas and judicial practices, highlighting the prominent role played by "al-Majariyat" as a facet of renewal in the Maliki school of thought. This rule is known for "what has been practiced" and "the jurisprudence of operations."

As Islamic Sharia rulings are a source of reserve law for the Algerian legislator, it is undeniable that Algerian law is influenced by and draws from these rulings, including those related to the jurisprudence of transactions. Therefore, the research aims to establish the jurisprudential basis and its practical application in Algerian law, emphasizing the enrichment of judicial rulings with fatwas related to the jurisprudence of transactions.

THE IMPACT OF DISMISSAL OF ARBITRATION CLAUSE UNDER JORDANIAN ARBITRATION LAW AND THE RULES OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC)

MOHAMMAD ABDEL KHALEK AL ZOUBI — 2024-01-04

This research look over the ramifications of incorporating arbitration clauses within the legal frameworks of Jordanian Arbitration Law and the International Chamber of Commerce (ICC) Rules. As arbitration gains prominence as a dispute resolution mechanism, understanding the impact of arbitration clauses becomes pivotal. The study aims to systematically analyze the enforceability of arbitration agreements, procedural nuances, and the finality of arbitral awards within the Jordanian and ICC contexts. By examining practical cases and scrutinizing the outcomes of arbitration proceedings, the research illuminates the practical efficacy and consequences of submitting disputes to arbitration in Jordan under the ICC Rules. The study identifies distinctive features and potential challenges in the interplay between Jordanian Arbitration Law and ICC Rules, contributing both academically and practically. This investigation is vital for legal practitioners, businesses engaged in cross-border transactions, and policymakers seeking insights into the complexities and strengths of arbitration under these frameworks. Ultimately, the research offers a nuanced understanding of the impact of arbitration clauses, bridging theoretical insights with practical implications for the evolving landscape of international dispute resolution.

INTEGRATION OF SHARIA PRINCIPLES IN THE INSURANCE SECTOR: LEGAL ANALYSIS AND BUSINESS PRACTICES OF ISLAMIC INSURANCE IN INDONESIA

MIA RASMIATY — 2024-01-04

Insurance plays an important role in modern economies as a risk management mechanism, shifting the financial burden of unexpected events to another party, supporting financial stability, and facilitating investment and economic growth. Islamic insurance, which integrates Islamic economic principles, operates based on the concepts of profit sharing and solidarity, offering ethical and faith-based financial solutions, especially in Indonesia where the growth of the Islamic insurance market reflects the high demand for financial products that are in line with Islamic values. However, there are challenges in integrating Islamic principles into conventional insurance frameworks, requiring a more adaptive and inclusive legislative approach. This study aims to examine the legal analysis and business practices of Islamic insurance in Indonesia from the perspective of Sharia principles in the insurance sector. The research method used in this study is normative juridical with a conceptual approach and legislation. This study found that the Sharia insurance industry in Indonesia has established a solid foundation by adopting Sharia principles and is supported by regulations such as Law No. 24 of 2004 and POJK No. 6/POJK.05/2016. Despite challenges such as lack of understanding and support from the government, the sector has recorded significant growth, driven by demand from the Muslim community for ethical financial services. This conducive legal framework demonstrates Indonesia's commitment to developing an inclusive and sustainable Islamic financial ecosystem, potentially cementing the country's position as a global Islamic economic hub.

THE DECLARATION OF THE ATRATO RIVER AS A SUBJECT OF RIGHTS, THE DISCUSSION BETWEEN BIOCENTRISM AND HUMANISM IN THE COLOMBIAN CONSTRUCTION OF THE CONCEPT OF SUBJECT OF RIGHTS.

LUIS FERNANDO ORTEGA GUZMÁN — 2024-01-04

Since the birth of the 1991 Constitution, the Colombian legal system has been responsible for developing a whole construction of fundamental rights around the concept of human dignity, which serves as the central core of the legal system. Through sentence T 622 of 2016 the Colombian Constitutional Court recognized the Atrato River, the main river tributary of the department of Choco as a rights-holding entity; the present research seeks to analyze said figure and its legal basis to verify whether or not this represents an expansion of the concept of human dignity through the legal and political Biocentric trends of Latin America in the last 20 years or if it rather represents the application of the criterion of human dignity in an extensive manner.

EVALUATION OF ORGANIC FERTILIZERS USING OREGANO PLANTS (ORIGANUM VULGARE) AS AN INDICATOR

2024-01-04

The purpose of this research was to evaluate the efficiency of different types of organic fertilizers in the growth of Oregano plants (Origanum vulgare). A completely random block design was applied, four treatments were evaluated (4): Organic Compost (T1), Manure Fertilizer (T2), Vermicompost (T3) and a Control (T4). Variables per plant such as Stem Length, Stem Diameter, leaf area, fresh weight of the plant and height were measured. The results revealed significant differences between the averages of the treatments, which affirms that organic fertilizers significantly influenced the growth and yield of the plants. With the leaf area indicator in treatment T1, plants reached 8820.43 cm2, with T2 plants of 7784.45 cm2 and T3 obtained plants with 8085.31 cm2. All treatments surpassed, in terms of real value, T4 which only reached plants with 7580.13 cm2 of leaf area.

EMOTIONAL INTELLIGENCE AND PSYCHOLOGICAL WELL-BEING: A SYSTEMATIC LITERATURE REVIEW

2024-01-04

The greater psychological well-being is contributed and enabled by an important factor known as emotional intelligence. However, the role of emotional intelligence in increasing psychological well-being was limited to other areas of study by previous researchers. Since this study has captivating attention of researchers worldwide, it aims to evaluate the link between emotional intelligence and psychological well-being and to find out the scope of study that has been previously examined. The reviewed articles were obtained from two databases such as Scopus and Science Direct from the year 2017 to 2021. Keywords are "psychological well-being", "psychological wellbeing", "mental well-being", "mental wellbeing", "subjective well-being", "subjective wellbeing", "emotional intelligence", and "emotional quotient" were managed to identify 21 articles. There was a limited scope of study has been conducted in relation to emotional intelligence and psychological well-being mainly among Asian countries. Additional studies that focus in finding right method and measurement on emotional intelligence and psychological well-being are essential to be conducted.

PUNITIVE POLICY IN LIBYAN LAW NO. 19 OF 2010: COMBATING THE FACILITATORS OF ILLEGAL IMMIGRATION

MASHAALLAH OTHMAN ALZWAE — 2024-01-04

Illegal immigration crimes are among the most dangerous that the Libyan state is currently suffering from and a source of other serious crimes such as human trafficking and money laundering. This necessitated the intervention of the legislator with Law No. 19 of 2010. In this study, we followed the analytical and comparative approach, and it became clear that the punitive policy is weak considering these crimes as misdemeanors. Even in cases of aggravating the punishment, the penalties remain weak, in addition to not punishing the intermediary in the crime despite the seriousness of their role and the lack of corporate liability. The punishment for attempted crimes is less severe than for completed ones. We propose that the Libyan legislator should consider the crime as a felony, with the intensification of current penalties, punishment of intermediaries, establishment of corporate liability, and equal punishment for attempted crimes to that of completed ones.

DOGMATIC ANALYSIS OF THE TENSION BETWEEN CREATIVE ACCOUNTING AND INTERNATIONAL ACCOUNTING LAW

2024-01-04

In this study, a comprehensive analysis of creative accounting and its relationship with international accounting law was carried out. Creative accounting involves the manipulation of financial results to reflect a positive image of the company, influenced by various incentives and practices that can generate significant impacts on stakeholders and market perception. Definitions, principles, cases and regulatory frameworks were reviewed, highlighting how creative accounting can affect financial reporting and economic decisions. Gaps and tensions in the international regulatory framework were identified that could favor creative accounting practices, despite efforts to promote transparency and reliability in financial reporting. It was concluded that it is crucial to strengthen regulation and oversight, promote education and awareness, encourage ongoing research, and foster international cooperation to address the challenges associated with creative accounting. In this way, risks can be mitigated and confidence in financial markets can be strengthened, contributing to sustainable economic development and global financial stability.

TRAINING OF GENERIC COMPETENCES IN HIGHER EDUCATION

JAYSON BERNATE1, SANDRA PUERTO, INGRID FONSECA, CARLOS MENDEZ — 2024-01-04

The formation of generic competencies in pedagogical students is essential for preparing them to excel in the multifaceted role of an educator. These competencies encompass a diverse range of skills, including effective communication, critical thinking, adaptability, and digital literacy. By nurturing these skills, educational institutions ensure the holistic professional development of pedagogical students, equipping them with the tools needed to navigate diverse educational contexts and address the evolving needs of students. Moreover, the cultivation of generic competencies enables pedagogical students to adapt effectively to changing educational landscapes, staying abreast of emerging trends and integrating innovative teaching methodologies. Ultimately, prioritizing the development of these competencies contributes to educational excellence, as educators armed with a comprehensive skill set are better positioned to foster meaningful learning experiences, promote student engagement, and drive positive societal change. Thus, the formation of generic competencies in pedagogical students is crucial for shaping the future of education and preparing educators to meet the challenges of the 21st century.

ALGERIAN-CHINESE RELATIONS: REALITY AND CHALLENGES

KHALED BEGGAS — 2024-03-30

This study aims to examine the topic of Algerian-Chinese relations, exploring their roots and highlighting key political, economic, and investment milestones. Additionally, the study analyzes and explains the contents of implemented plans and proposed programs, the available opportunities, and delves into several challenges that may hinder the continued development of relations between the two countries.

PRESSURE GROUPS AND THEIR IMPACT ON GOVERNMENT DECISION-MAKING PROCESSES

DERRADJI BELKHEIR — 2024-03-30

Pressure groups (lobby) are considered effective means of exerting influence against governments, adopting pressure as a tool to compel them meet their demands. They can be defined in various forms, be they ethnic or political groups that unite in voluntary institutions, described as a group of individuals bound by certain social relationships, coming together to achieve common goals they advocate for. Effective groups are those that strive to achieve common objectives, such as non-governmental organizations and lobbying companies. Accordingly, they seek to influence government policies without bearing governmental responsibility, enabling them to direct public policy without direct governance, extending beyond mere participation in governance to becoming the de facto rulers of the state, influencing the government decision-making process without any clear legal cover or designation.

THE INTERNATIONAL SAFEGUARDING OF CULTURAL PROPERTY DURING ARMED CONFLICT ERA

LAOUAR HACENE HAMZA — 2024-03-30

The objective of this study is to provide a comprehensive overview of the fundamental international legal norms established to safeguard cultural heritage. These norms have evolved in response to the profound transgressions that cultural property has endured throughout history, including acts of destruction and plunder, often exacerbated by the ravages of global conflicts, particularly during the First and Second World Wars. In response to these challenges, the international community is mobilized to forge a comprehensive framework of international conventions. These conventions encompass a spectrum of principles and regulations, aimed at safeguarding both general and specific forms of cultural heritage.

THE RIGHTS OF DETAINEES BETWEEN INTERNATIONAL LAW AND THE PROVISIONS OF ISLAMIC SHARIA

ADEL REZIG, SOUMEYA MEDAOUD — 2024-03-30

The international community's effort to protect individuals from violence and abuse has led to the emergence of two sets of rules. One is called international humanitarian law, which emerged as a term in the 1970s and was associated with the negotiations that took place between 1974-1977 in Geneva, culminating in the drafting of the Geneva Protocols annexed to the four Geneva Conventions of 1949. This body of law includes what was traditionally known as the law of war or the law of armed conflict. The second set of rules is known as international human rights law, which also emerged as a term in the 1970s following the entry into force of the two International Covenants on Human Rights. These two laws have distinct meanings, and Islam has predated in addressing all these issues, including the treatment of detainees in such wars.

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SOVEREIGNTY AND HUMAN RIGHTS: COMPLEMENTARY OR ANTAGONISTIC?

ZOUZOU ZOULEIKHA — 2024-01-04

The sovereignty today still constitutes a large part of the reasons for the limitations of the global human rights system, as countries strongly adhere to their sovereignty in the face of the global human rights movement, even if it means violating the rights of their citizens, oblivious to the fact that adherence to the global rules of human rights is essentially an affirmation of the principle of sovereignty. This is because countries have committed to the global rules of human rights by their own will, so the true universality of human rights is based on national action and therefore does not fundamentally conflict between international protection of human rights and the principle of sovereignty.

MAINTENANCE AND WELFARE OF SENIOR CITIZENS IN INDIA AND JAPAN:- A COMPARITIVE STUDY

ADISH VINOD HALARNKAR, GEETA — 2024-01-04

In 2019, as per the World Health Organization the number of people aged 60 years and older was 1 billion. This will increase to 2.1 billion by 2050. In India, as per Census 2011, population of Senior Citizens is 10.38 Crore. The projected population for 2026 is expected to be 17.32 Crore. These citizens are facing many hardships one of which is nil or inadequate maintenance. The number of Japanese people 65 years or older was 33 million in 2014. But the Japanese Government has dealt with the problems in a very systematic manner. In the present paper, a comparison made with respect to the laws in India and in Japan considering the aspects of maintenance and welfare of Senior Citizens with the help of doctrinal methodology. The comparison shows the difference in the situation of both the countries with respect to the maintenance of Senior Citizens.

PATTERNS OF RESOLUTION OF CUSTOMARY RIGHTS DISPUTES FOR TRADITIONAL LAW COMMUNITIES IN WAROPEN DISTRICT PAPUA PROVINCE

DANIEL TANATI — 2024-01-04

Customary rights disputes often occur among residents between one village and another, and the same thing happens in Waropen. It is not uncommon for customary rights disputes to occur among customary law communities. The aim of this research is to determine the resolution of customary law community land rights disputes in Waropen Regency. The approach method used is normative and empirical, namely research by examining applicable laws and regulations by looking at the reality that occurs in the field. The results of this research reveal that the resolution of disputes over the customary law rights of the Waropen community among village residents is usually resolved through customary law which in the Waropen language is called "Woidama". Woidama means deliberation. The house where the gathering is held is the sera house (tribal chief's house) because the one who will lead the traditional assembly is Sera. Problem solving starts from Sera Titibi (Deputy). If Sera Titibi cannot solve it, then the problem is handed over to Sera Bawa. In terms of solving the land problem, if there are still problems, it is recommended to just eat land as a way to solve the problem. They believe this will prove who owns the land. However, with the formation of the Waropen Traditional Council, unresolved problems can be escalated to the Traditional Council. The Waropen Traditional Council has its own management structure with a cabinet composition elected within Waropen Regency. The Traditional Council in this area functions as a protector for indigenous Papuans, and as a channel for messages among Papuans for the government, especially in the Waropen district government area. At the district level there is a District Traditional Council and at the district level there is a District Traditional Council. Meanwhile, in each village, village-level traditional council management has also been formed. The structure and management of the Traditional Council in Waropen district consists of: General Chair, Deputy Chair I, Deputy Chair II, Deputy Chair III, Deputy Chair IV, Secretary I, Secretary II, Treasurer I, Treasurer II, Commissions (consisting of 4 commissions who is in charge of programs as a program driver for the local Traditional Council).

A COMPARATIVE STUDY ON THE LEVEL OF SOCIAL RECIPROCITY AMONG THE DIFFERENT GENDERS OF GENERATION Z - AN INDIAN PERSPECTIVE

DEEPA CHANDRASEKHAR, S. VENKATACHALAM — 2024-01-04

Being reciprocal is a natural human tendency. In social psychology, reciprocity refers toa social behavioural pattern of responding to a positive action with another similar action with a positive connotation, rewarding like for like. This study attempts to do a comparison between the reciprocity levels of young adults of 18-24 years. The theoretical framework of this study is taken from the R model that is being shaped by the initial works of Eric Berne, John Bowlby, and George Kohlrieser. According to the R-model, reciprocity is an important element that helps in the formation and maintenance of healthy and sustainable human relationships. A questionnaire survey method was employed to collect data which resulted in 140 responses. The study variables included traits like trust, self-assurance, emotions, memory, analytical thinking,altruism, etc.All the statistical analysis about the study is performed using SPSS software and the hypothesis framed could be tested successfully to reach the aims of the study. The study ends with the conclusion that gender does not play much role in deciding the reciprocity level. Other factors like personality traits and the level of altruism have a major role in making an individual reciprocal.

RECOGNITION OF THE LEGAL FORMS OF INTERNATIONAL ACTION OF LOCAL AUTHORITIES IN FRANCE AND ALGERIA

HABIRECHE LAZIZ AHMED, PR. DJALAB KAMAL — 2024-01-04

Based on the practice and desire of local elected officials to promote their territory at the international level, the international actions of local authorities initially took the form of friendly partnerships. The sudden emergence of local authorities on the international stage, traditionally dominated by states, goes hand in hand with these first forms of cooperation. The evolution of practices and the emergence of frameworks for local international action have led to the development of specific rules that distinguish local international action from cooperation with NGOs or states.

Within seventy years, the first partnerships have evolved into lasting collaborations based on reciprocity and a logic of exchange between territories. Today, these friendly partnerships exist alongside a wide range of cooperation, ranging from solidarity to highly technical cooperation, How do French and Algerian legislators manage the different legal forms of external action by local authorities? In our study, we have chosen different approaches, including historical, analytical, and comparative approaches. The aim of this study is to provide a well-defined technical analysis that serves the research objectives. It describes the contemporary context in which decentralised cooperation must operate and the different legal forms it can take, depending on the situation.

This study contributes to a better understanding of decentralised cooperation between regional authorities and their networks and groups. It also emphasises the central role of governments in solving major global development challenges and the contribution of regional groups in this area.

In the near future, especially when we move into the field of actions with an economic objective or in connection with global issues, there will be much more diverse forms of obligations to which the law has had to and must adapt.

INVESTIGATING THE RELATIONSHIP BETWEEN THE QUALITY OF MANAGEMENT'S EXPECTED PROFIT AND EQUITY

JAMAL VALIPOUR — 2024-01-04

Investing and using investment opportunities is very important for companies. On the other hand, profit quality plays a significant role in helping investment decisions. The main goal of this research is to examine the relationship between profit quality and cost of equity in companies. The statistical population of this research is all the petrochemical and information technology companies accepted in the Tehran Stock Exchange. In order to test the hypotheses of this research, four regression models have been used using the mixed method with random effects. The results of the estimation of these models show that there is a significant relationship between profit quality factors such as the quality of accruals, profit continuity, profit predictability and profit smoothing with the price-to-income ratio as the cost of equity of companies accepted in There is the Tehran Stock Exchange. In addition, according to the positive coefficient of the company's profit quality variables, it can be concluded that increasing the quality of accruals, continuity of profit, predictability of profit and smoothing of profit will increase the ratio of cost of equity and vice versa.

SPECIFIC CHARACTER OF ARBITRARY REGULATION IN VARIOUS FORMS OF APHASIA

HASSAN SHAFAEI — 2024-01-04

The relevance of the research presented in this article is determined by the high prevalence of speech disorders among patients of various profiles. Currently, aphasia accompanies various diseases, which may naturally affect the formation and development of arbitrary regulation among this category of patients, disrupting their processes of self-control in behavioral and emotional reactions. The aim of the article is to identify the features of arbitrary regulation in case of sensory and motor aphasia. The method of studying of the outlined problem is the diagnosis of manifestations of human behavior at the level of arbitrary regulation. For this purpose, the tests "Serial Picture and Story Arrangement" and "Path Tracing" were used. They allow assessing the patient's abilities to concentrate attention, analyze speech text, and exercise emotional and motor self-control. The parameters identified during the study made it possible to distinguish differences in the manifestation of arbitrary regulation at the level of patients with motor and sensory aphasia. In case of sensory aphasia, aspects of low attention concentration and programming activity are observed; a high threshold of emotional excitability alongside with the unstable psycho-emotional sphere can be detected.

At the same time, patients with motor aphasia demonstrate the ability to concentrate attention on task performance, stability of psycho-emotional indicators, and high abilities of understanding and analyzing the speech addressed to them.

The data obtained during the study will allow specialists to improve the diagnostic, communicative, and neurorehabilitation procedures, thereby enhancing the possibilities for speech restoration in patients with aphasia, which may have practical value for the medical-social sphere.

JUDICIAL COOPERATION WITHIN THE FRAMEWORK OF THE STATUTE OF THE INTERNATIONAL CRIMINAL COURT

ABDELKADER AMRI — 2024-01-04

The Statute of the International Criminal Court (ICC) mandates the establishment of robust cooperation mechanisms for international criminal justice. This involves efficient information exchange between member state authorities and the ICC. Provisions outlined in the statute, particularly in Chapter IX, Articles 86 through 101, outline the framework for such cooperation. Cooperation extends to executing judicial decisions, including prison sentences and fines, as detailed in Chapter X of the Statute. This article discusses two aspects: first, the exchange of information between states and the Court, covering evidence and investigation of criminal acts; second, various forms of judicial cooperation between states and the ICC.

ASPECTS OF PERSONAL CONSIDERATION IN THE DISPOSITIONS RELATED TO THE SHAREHOLDING COMPANY MANAGER

BOUKHAROUBA HAMZA, BOUAMAR SABRINA — 2024-01-04

The shareholding company is the ideal model for financial companies because of the predominance of the regulatory aspect, which is embodied in a lot of jus-cogens legal texts governing its various stages, which deal with the financial aspect of the shareholder. However, a careful reading of these texts shows that the Algerian legislator- to protect public savings- has retained a lot of personal considerations aspects, which appear more clearly about the judgments related to the manager, whether by determining the controls of his membership inside the management bodies or by determining his civil liability. This is due to the important and effective role he plays at the company, considering that he is the one who conducts its management, expresses its will, and represents it before others, acting in its behalf and on its account.

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ANALYSIS OF BASIC SCIENCES IN COMPUTERS AND QUANTUM TECHNOLOGY

2024-01-04

Quantum computers are machines that are characterized by having power and speed, physical characteristics that can be used to optimize research that requires the management of a large amount of data and information, such as: solving many open problems in science, searching for a cure. to diseases, discover new organic materials, help improve the environment and social problems, etc. In these times where the technological revolution allows researchers from different parts of the world to work on the development of new quantum technologies, based on quantum mechanics or atomic nature due to the particles that make up the atom, they are very complex and very expensive laboratory technologies that They are developed experimentally by large companies with limited success. However, engineers and physicists predict that in the medium term we will begin to feel the social impact of new quantum technologies due to their multiple applications in different areas of science such as mathematics, cryptography, construction of materials, communications, commerce, finance, education, genetics, medicine, transportation, meteorology and among others.

THAILAND’S JUDICIARY AND (UN)RULE OF LAW: A LOOK BACK AT THE UNDERMINING OF THAILAND’S JUDICIARY

WILLIAM J. JONES, VIROT ALI — 2024-01-04

The ongoing political conflict in Thailand stems from conflict among Thailand’s various elite factions, nominally those aligned with Thailand’s monarchy and those aligned with Thaksin Shinawatra. With political conflict spilling into the streets annually it has become apparent that Thailand’s political system has failed in its functional capacity as a conflict mediation/resolution mechanism. In the face of an increasingly assertive rural population and consecutive electoral victories by pro-Thaksin political parties Thailand’s conservative traditional elite have increasingly turned to the judicial branch of government in order to counter threats to their rule and overturn majoritarian electoral democracy. In this paper we argue that the politicization of Thailand’s judiciary since 2006 has undermined the legitimacy of Thailand’s courts as well as devolved dangerously into a system of Un-rule of law.

SUSTAINABLE ENERGY LAW AND GOVERNANCE: AN ANALYSIS OF THE BRAZIL'S LEGAL FRAMEWORK AND IMPARTING INSIGHTS TO RUSSIA

RENATA THIÉBAUT — 2024-01-04

The need for sustainable development has become increasingly urgent, with global initiatives like the COP (Conference of the Parties) and the SDGs (Sustainable Development Goals) highlighting the imperativeness of countries to commit to achieving carbon neutrality to foster a resilient and equitable future for present and future generations. However, with the understanding that domestic law creates obstacles to international cooperation through overlapping, contradictory actions and different legal understandings, this paper suggests further cooperation as a means of knowledge sharing on a regulatory approach to support the implementation of renewable energy laws and regulations.

This paper will bring about an in-depth study of the Brazilian legal system, focusing on treaty internalization, the Brazilian Agenda 21, the Proalcohol and Proinfa programs, emphasizing their negative and positive legal characteristics regarding sustainable development and renewable energy. The hypothesis indicates convergences in their domestic legal systems regarding unified legislation, binding target systems, governmental subsidies, and protectionism treatment, which shall be diminished through mutual assistance and harmonizing laws pertinent to providing Russia with lessons.

CORPORATE RESPONSIBILITY AS PEOPLE OF CORRUPTION CRIMES WHICH HAVE BANKRUPTCY STATUS IN INDONESIA

REINHARD TOLOLIU, RONNY A. MARAMIS, MERRY KALALO, JEMMY SONDAKH, — 2024-01-04

This research explains the nature, mechanism and concept of regulating the responsibility of bankrupt corporations as the subject of criminal acts of corruption according to Indonesian positive law. The results of this research are that corporations as legal entities are also legal subjects that can be responsible for criminal acts committed, and there are many cases of corruption that are detrimental to the state. The concept of corporate responsibility places more emphasis on recovering state losses. In a bankruptcy situation, the state must become the preferred creditor, so that there is the right to collect and the right to take precedence.

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THE ROLE OF OVERSIGHT BY THE COURT OF CASSATION IN SAFEGUARDING JUSTICE: A COMPARATIVE ANALYSIS

KOSRAT BASHAR MIRAN BAGI, TAVGA ABBAS TOWFIQ — 2024-01-04

This article delves into the crucial role of oversight by the Court of Cassation in preserving justice through a comprehensive comparative analysis. Investigating its functions across diverse legal systems, the study illuminates the Court's pivotal role in upholding procedural legitimacy and ensuring fairness. Through an examination of case studies and legislative frameworks, the analysis explores the efficacy of oversight mechanisms in rectifying errors and maintaining the rule of law. By synthesizing empirical evidence and scholarly insights, the article provides a nuanced understanding of the Court's oversight role and its impact on justice systems worldwide.

RESOLVING CORRUPTION CASES BY THE POLICE THROUGH A RESTORATIVE JUSTICE APPROACH TO REALIZE LEGAL PURPOSES

ARMUNANTO HUTAHAEAN, — 2024-01-04

The criminal acts of corruption occurring in Indonesia are currently of significant concern. Corruption is not limited to lower-level government employees; it has permeated the highest echelons and decision-making bodies of the Indonesian government. Whether acknowledged or not, corruption severely impacts state finances, the national economy, and impedes overall national development. Consequently, combating corrupt practices must commence at the policymaking level and extend down to the lowest levels of implementation. Since the inception of Law No. 3 of 1971 aimed at eradicating criminal acts of corruption, subsequently amended to Law No. 31 of 1999 and further revised to Law No. 20 of 2001, numerous individuals involved in corruption have been convicted. However, the existing criminal justice approach to law enforcement has proven insufficient in recovering state financial losses and deterring both corrupt individuals and potential offenders. Consequently, it is imperative to explore innovative approaches to law enforcement to effectively address corruption in Indonesia. One promising approach is transitioning from a punitive criminal justice model to a restorative justice framework. Restorative justice not only seeks accountability for wrongdoing but also focuses on repairing the harm caused to victims and communities. Embracing restorative justice principles in combating corruption could offer a more comprehensive and sustainable solution to this pervasive issue in Indonesia.

CHARACTERISTICS OF SHARES IN ALGERIAN COMMERCIAL LAW ОСОБЕННОСТИ АКЦИЙ В АЛЖИРСКОМ КОММЕРЧЕСКОМ ПРАВЕ

YASSAD FADILA, KAWTAR KANTAR — 2024-01-04

Joint-stock companies depend for their existence and throughout their lifetime on providing capital by issuing securities, of which shares are one of the most important. This importance stems from their role in financing the necessary capital for establishing a joint-stock company. Shares are considered a permanent source of financing for the company as they are securities without a fixed term and extend throughout the company's life. A share represents a shareholder's stake in the company, i.e., the portion he contributes either at its establishment or when increasing its capital. The Algerian commercial legislator has classified shares into several types and forms. However, the common characteristic among all these shares listed by the legislator is their tradability.

THE ETHICALIZATION OF ELECTORAL WORK IN ALGERIA: AN ANALYTICAL DESCRIPTIVE STUDY OF THE PROVISIONS OF ORDER 21-01

BALA ABDELAALI — 2024-01-04

Through the provisions of Order No. 21-01, which includes the organic law of elections, the Algerian legislator adopted a series of measures to ethicalize the electoral process across its various stages to ensure its integrity and smooth conduct. This includes aspects related to the preparatory stage, the nomination stage, and the electoral campaign. The main aspects of ethicalization under the framework of the organic law of elections manifest throughout all stages of the electoral process by introducing new conditions, provisions, controls, and mechanisms to combat corrupt political money, aiming to achieve integrity and transparency in the electoral process.

THE CHANGING PERSPECTIVE ON HOMOSEXUALITY IN INDIAN CULTURE

SIMRAT, — 2024-01-04

In 2018, a ray of hope finally broke through the lengthy veil of prejudice that has surrounded LGBTQ people in India. The historic decision that decriminalized consenting gay conduct was a major victory in the fight for equality. But it's important to understand that, despite its significance, this legislative shift is only the start of a much-needed shift in public opinion. LGBTQ people have suffered greatly, sometimes even from inside their own families and society at large. The community has been forced to the periphery of understanding and acceptance time and time again.

Although the Indian Penal Code, 1860 formerly had a particular section that dealt with same-sex desire, the historic Navtej Singh Johar case compelled an analysis of these antiquated statutes. By decriminalizing consenting same-sex sexual behavior (Section 377, IPC, 1860), the Honourable Supreme Court made a daring move. It's important to remember that section 377 of IPC, 1860, still applies and punishes nonconsensual intercourse. Even if legalization is an important step, it is not enough to provide LGBTQ people the social and legal respect they are due. This research paper aims to offer a perceptive synopsis of the current situation that this minority group is facing. It aims to spread knowledge and debunk the damaging myths that have supported their marginalization. This research is about to illuminate the difficulties faced by people in this community by utilizing an abundance of social data and behavioral patterns. By doing this, we hope to promote a more accepting society and highlight the reality that these persons are just like everyone else and should be treated with respect and dignity they are neither unique nor odd.

PARAMETERS OF THE REASON FOR SPECIAL CRIMINAL REMOVAL IN THE CRIMINAL ACT OF INSULTING THE PRESIDENT AND/ OR DEPUTY PRESIDENT

NANDA YOGA ROHMANA, — 2024-01-04

Currently, a new Criminal Code has been passed on December 6, 2022. One of the articles passed is about the criminal act of Contempt of the President or Vice President which until now has become problematic because it is considered to violate freedom of expression. However, there are specific grounds for criminal removal if it is done in the public interest or in self-defense. The issue is what parameters can be used as a basis for the act to be in the public interest and self-defense. The research method in this paper entirely uses literature studies (normative juridical), in addition to analyzing existing legal theories and legal principles but will also carry out legal interpretation using legal discovery methods in the form of interpretation or hermeneutics. The result of this study is that the parameters of the reason for the abolition of special crimes "in the public interest" that eliminate the unlawful nature of the act of attacking the honor, dignity, and dignity of the President and/or Vice President are accusations against the President and/or Vice President must be true in fact, meet the values of decency and fairness and are intended to protect the wider community. While the reason for the abolition of a special crime of self-defense has parameters that there must be an attack first, the attack can be in the form of his dignity and dignity, decency, property, body/life which must be unlawful in the sense that the action cannot be justified based on applicable laws and regulations, and the person attacked then accuses the President and/or Vice President can be justified if the accusation It really happened (the fact). Thus, guidelines are needed to provide interpretation of the implementation of the special criminal removal reasons so that they can be used as a guideline for law enforcement officials in enforcing the law in the event of an alleged criminal act of insulting the President and/or Vice President.

PRAJURU DESA’S ROLE IN MEDIATING INHERITANCE RIGHT DISPUTES FOR MEN “NYEBURIN” AFTER DIVORCE IN TABANAN REGENCY

PUTU SEKARWANGI SARASWATI, IDA BAGUS GEDE SUBAWA, KT. SUKAWATI LANANG P. PERBAWA — 2024-01-04

The purpose of this study was to analyze the role of traditional village prajuru in mediating inheritance rights disputes for men with “nyeburin” status after divorce in Tabanan Regency. The research method used is an empirical research method. Data collection techniques using document study techniques and interview techniques. The results indicated that the role of the traditional village prajuru in mediating the inheritance rights dispute of men with “nyeburin” status after divorce in Tabanan Regency as one of the obligations of the adat prajuru as the party who has legal authority in the Adat Village in resolving customary problems, the initial stage is carried out case analysis which was followed by a joint meeting with the disputing parties, then related to inheritance rights as stated in awig-awig, in fact, was directed to conduct deliberations for consensus in a family manner by upholding the principle of kinship and the principle of parimatma as the main principle of inheritance distribution so as to obtain a fair and equitable agreement does not cause problems between siblings.

RUSSIA AND THE WORLD SYSTEM; NEW REGIONALISM AND RELATIONS WITH IRAN

ARMIN GHALAMKARI — 2024-01-04

The way things are changing in the world right now is really complicated. It seems like we are moving away from how things used to be, even compared to 10 years ago. Today, things are different in the world compared to the time when the United States had a lot of power and acted on its own. We need new ways to understand what's happening internationally. After 2007 and 2008, when the United States became less powerful, countries like Russia and China wanted to change how the world works. Russia is a big player in criticizing the United States' one-sided actions and trying to bring back a system with different powers. After the Eurasianist took control of Russia's policy, they wanted to become a powerful and influential country in the world. They saw that the United States wasn't as dominant in some regions, so they wanted to use regionalism to have more influence, especially in areas like the Middle East and Eastern Europe. The research looks at how Russia's foreign policy has changed in the new world order, and how its relationship with Iran has evolved. It has been found that Russia now focuses on building strong ties and working closely with Iran, which has had a big impact on Iran's national interests, especially in terms of forming alliances and working together on military and security issues.

COMMERCIAL ANTI-DUMPING, MEANS TO PROTECT FREE COMPETITION IN INTERNATIONAL TRADE RULES AND ALGERIAN LEGISLATION

CHAIB BOUZIANE — 2024-01-04

Free competition is considered a fundamental objective of the global trading system based on free trade. However, dumping can undermine this trading system and is an illegal international trade practice that is anti-competitive. Dumping disrupts market equilibrium and circumvents the laws of supply and demand. Therefore, the fight against commercial dumping is one of the most important tools to protect free competition in the international trading system. In this regard, the World Trade Organisation (WTO) has developed a comprehensive agreement called the Anti-Dumping Agreement, which deals with the implementation of Article VI of the GATT 1994. This agreement establishes strict procedures and measures to protect free international trade competition against dumping and to promote liberalised foreign trade. This study examines the concept of dumping, its types, and how it differs from similar practices, while also examining the mechanisms established to combat dumping under this agreement

THE ROLE OF THE CONSTITUTIONAL COURT IN CONSOLIDATING THE PRINCIPLE OF CONSTITUTIONAL SUPREMACY IN ALGERIA

NAWAL MAZOUZI — 2024-01-04

One of the most important reforms introduced by the Algerian constitutional amendment of 2020 is the establishment of the Constitutional Court as an independent institution tasked with guaranteeing the respect for the constitution. The constitutional founder granted the Constitutional Court additional powers that were not granted to the Constitutional Council. These powers include the authority for the Constitutional Court, for the first time, to interpret constitutional judgments and to expand its powers in the field of overseeing the constitutionality of laws to include oversight of presidential orders. It also introduced oversight of the conformity of laws and regulations with treaties and subjected regulations to subsequent jurisdictional oversight. Furthermore, the Constitutional Court has the authority to settle disputes that may arise between the authorities in the state.

THE END OF PATIENCE; DEVIATION FROM THE CLASSICAL CONTEXT AND JANUSIAN CONSTRUCTION OF CHINA'S MIDDLE EAST POLICY (TEHRAN-RIYADH DUALITY)

ARMIN GHALAMKARI — 2024-01-04

After 2011, more countries got involved in the Middle East and North Africa, and they made more agreements to work together. China has had certain plans and goals for its actions both inside and outside the country in the past 20 years. In this situation, the way Beijing deals with countries in the Middle East, like Iran and Saudi Arabia, shows that Beijing is practical and likes to work with many different countries. In this study, the authors looked at how China's actions in the Middle East, particularly in relation to Tehran and Riyadh, could affect their foreign policy. They focused on China's "Belt and Road" plan and other partnerships. The study found that China has big goals for the next twenty years and their actions in the Middle East will be important, regardless of any competition within the country. Actors and following programs like B&R. The research shows that China's leaders are taking careful diplomatic steps, and this is happening at the same time as the United States is becoming less influential in the Middle East. Conversely, the relationships with Tehran and Riyadh are influenced by Janusi's approach focusing on practical interests of the country, which also indirectly challenges Washington's unilateral actions. In this case, Beijing's plan is based on working with many countries and through trade and partnerships. In recent years (especially after 2017), it has also grown to include other important areas. "Is" means that something exists or is happening. Actually, by working together with Middle Eastern countries and considering their interests, China has become more appealing without getting into any competitions.

TRUE SALE AS AN EFFECTIVE MECHANISM TO MITIGATE THE RISK OF BANKRUPTCY IN BANKING SECURITIZATION OPERATIONS: THE ALGERIAN SECURITIZATION SYSTEM AS A MODEL

ABDERRAOUF HALOUADJI — 2024-04-25

The paper aims to explore the extent to which true sale is realized in the procedures of mortgage loan securitization organized in Algeria according to Law 06-05. The concept of true sale relies on a set of criteria that render the securitization of mortgage loans a genuine sale of debts, leading to the complete transfer of debts from the ownership of lending banks to securitization institutions. This, in turn, results in mitigating the bankruptcy risk for any party involved in the securitization process.

THE LAW ENFORCEMENT'S SYNERGY THROUGH ESTABLISHMENT OF INSTITUTION FOR THE PREVENTION AND ERADICATION OF FOREST DESTRUCTION

EKO SUPRIHANTO, YOS JOHAN UTAMA, IRMA CAHYANINGTYAS — 2024-01-04

Massive forest destruction can cause deforestation which causes global warming which has an impact on the survival of the nation and state. The effort of Government is to make policies through Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. This article discusses the urgency of establishing an Institution for the Prevention and Eradication of Forest Destruction which is a mandate in the law.The research method used in this article is a normative juridical research method. The results of this article show that the Institution for the Prevention and Eradication of Forest Destruction is one of the mandates contained in Law Number 18 of 2013 and must have been existence for at least two years since the law was promulgated. However, until now this intitution has not been formed. It can be said that Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has not been implemented ideally. The basic idea that was developed through the design of the Institution for Prevention and Eradication of Forest Destruction will be placed below and responsible to the President consisting of elements from forestry, police, prosecutors and other related elements, such as elements from related ministries, experts/specialist and community representatives. Besides having a function of law enforcement, the authority of the Institution for the Prevention and Eradication of Forest Destruction also has the function of coordination and supervision