JURNAL CITA HUKUM
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Development of Human Rights in European and Ukrainian Constitutional Acts from the 18th to the 20th Centuries
Full text linkHuman rights in constitutional acts are essential to building the legal framework of Europe and Ukraine. The topic is considered relevant since it is necessary to analyse the influence of historical, political and social processes on creating contemporary legal norms to protect human rights. Therefore, the study aims to assess the evolution of human rights in Europe’s and Ukraine’s constitutional law from the eighteenth to the twentieth century. Constitutional acts and international legal documents are analysed with the help of historical and comparative legal approaches. Knowledge of the historical experience of constitutional acts of European countries and Ukraine in the second half of the eighteenth to the twentieth century is necessary to create basic legal systems and protect human rights. Thus, the study employs historical-overlocal and comparative methods to explain Ukrainians’ responses to the European impact on their legal system. Issues of social and minority rights were gradually introduced into Ukrainian legislation, which proves the process of the country’s European integration due to the significant liberalisation of critical human rights values. The significance resides in recommendations on enhancing national legal tools to safeguard the rights of citizens effectively. The study’s practical significance lies in identifying critical stages in developing human rights and recommendations for improving national legal mechanisms to protect social and minority rights. The findings can be used to further improve national legal systems in the context of European integration
Legal and Administrative Strategies for Addressing Military Administrative Offences within the Personnel of the State Border Guard Service of Ukraine
Full text linkThis study examines the role of the State Border Guard Service of Ukraine in preventing administrative military violations during the ongoing state of martial law. The research emphasizes the growing importance of optimizing the efficiency and functionality of border control agencies amid heightened security challenges. Using a qualitative research method with a juridical-normative and comparative approach, the study explores legal frameworks, institutional practices, and foreign experiences to identify best practices for Ukraine. Using a literature review, legal documents, government decrees, and international conventions on border protection are systematically reviewed to determine the legal basis and administrative procedures governing preventive measures. Meanwhile, the comparative qualitative analysis involves examining case studies from other countries that have implemented effective systems for preventing administrative offenses in border services. In addition, qualitative interviews with border officials, legal experts, and defense policymakers were conducted to gain practical insights into the challenges faced in enforcing administrative discipline under martial law. The findings reveal that while Ukraine has a solid legal foundation for border protection, gaps remain in coordination, documentation, and personnel training. Drawing on both domestic and international perspectives, the study identifies adaptable mechanisms to enhance the efficiency of combating administrative and military offenses. Ultimately, this research offers policy recommendations to improve preventive measures, strengthen legal accountability, and ensure that Ukraine’s border security system remains resilient, transparent, and compliant with international norms during periods of military emergency
Interpretation of Legal Norms in Modern Jurisprudence: Theoretical and Practical Aspects of Human Rights Protection Under Martial Law
Full text linkThe purpose of the research is to consider ways for the interpretation of legal norms in modern jurisprudence. Main content. It has been established that interpretation will result in a general conclusion or a sum of the findings reached by the subject of interpretation in the process of clarifying the rule of law (legal norms) using the entire set of interpretation methods, which is adequate to the actual content of this rule and meets the criteria of truth and correctness of the result of interpretation... Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It has been concluded that the procedure for achieving the goal of interpretation should be as follows: grammatical interpretation, teleological interpretation - clarification of compliance of the essence of legal norm content with the principles of law, systematic interpretation, special legal interpretation, logical interpretation, functional interpretation, historical interpretation - repeated application of the interpretation procedure when receiving new data.
REFERENCES:
Antoshkina, Valeriia Kostiantynivna. 2011. Reasons for the interpretation of civil law norms: Actual problems of civil law: the materials of the "round table" are dedicated. in memory of Prof. Genghis Khan by Nufatovych Asimov. National Law Academy of Ukraine named after Yaroslav the Wise. Right. Kharkiv. Ukraine.
BEZPALOVA, Olha. YUNINA, Maryna. KOROHOD, Svitlana. REZVOROVICH, Kristina. OHANISIAN, Tsahik. 2021. Legal regulation of entrepreneurial activity in the national security system. Entrepreneurship and Sustainability Issues, 8(3), 340-355. DOI:10.9770/jesi.2021.8.3(22)
Halaburda, Nadiia. Leheza, Yevhen, Chalavan, Viktor. Yefimov, Volodymyr. Yefimova, Inna. 2021. Compliance with the principle of the rule of law in guarantees of ensuring the legality of providing public services in Ukraine. Journal of law and political sciences. Vol. 29, Іssue 4, 100-121.
Kobrusieva, Yevheniiа. Leheza, Yevhen. Rudoi, Kateryna. Shamara, Oleksandr. Chalavan, Viktor. 2021. International standards of social protection of internally displaced persons: administrative and criminal aspects. Jurnal cita hukum indonesian law journal. Vol 9, No 3, 461-484. DOI: https://doi.org/10.15408/jch.v9i3.23752
Kotiuk, Volodymyr Oleksandrovych. 1996. Theory of law: educational. Ventur. Kyiv. Ukraine.
Kudlai, Tamara Pavlivna. 2009. Theory of the state and law: study guide / T.P. Kudlai NADU, Kyiv. Ukraine.
Kulinich, Olha. Leheza, Yevhen. Zadyraka, Nataliia. Taranenko, Kseniia, Kostiuk, Tetiana. 2023. Electronic Judicial Procedure as an Element of Access to Justice Regarding Protection of Rights of Individuals: Legal, Administrative, Theoretical, and Informational Aspects. Jurnal cita hukum indonesian law journal. 11 (3), 443–456. DOI: https://doi.org/10.15408/jch.v11i3.36298
Leheza, Y., Kolomoiets, Y., Chalyk, V., Kovalchuk, Y., & Sakhno, A. (2024). Foreign experience of financial-legal and administrative legal regulation of the activities of public administration bodies. Revista do Curso de Direito do UNIFOR, 15(1), 51–60. DOI: https://doi.org/10.24862/rcdu.v15i1.1832
Leheza, Y., Korniienko, M.., Berezniak, V., Мariienko А., & Radchuk, A. (2024). Legal Regulation of Liability for Illegal Deportation of Children: Administrative, Criminal Aspects, Experience of Ukraine and International Standards. Revista Jurídica Portucalense, 257–274. https://doi.org/10.34625/issn.2183-2705(36)2024.ic-11
Leheza, Y., Shcherbyna, Bogdan. Leheza, Yulia. Pushkina, Olena & Marchenko, O. (2023). “Features of Applying the Right to Suspension or Complete/ Partial Refusal to Fulfill a Duty in Case of Non-Fulfilment of the Counter Duty by the Other Party According to the Civil Legislation of Ukraine.” Revista Jurídica Portucalense, 340–359. Retrieved from https://revistas.rcaap.pt/juridica/article/view/29662
Leheza, Yevhen. Filipenko, Tatiana. Sokolenko, Olha. Darahan, Valerii, Kucherenko, Oleksii. 2020. Ensuring human rights in Ukraine: problematic issues and ways to address them in the social and legal sphere. Cuestiones políticas. Vol. 37 № 64 (enero-junio 2020). P. 123-136. DOI: https://doi.org/10.46398/cuestpol.3764.10
Leheza, Yevhen. Pisotska, Karina. Dubenko, Oleksandr. Dakhno, Oleksandr. Sotskyi, Artur. “The essence of the principles of Ukrainian law in modern jurisprudence”. Revista jurídica portucalense, December (2022): 342–363. https://doi.org/10.34625/issn.2183-2705(32)2022.ic-15
Leheza, Y. Shcherbyna, Bogdan. Leheza, Yulia. Pushkina, Olena. Marchenko, Olesia. (2024). Características de la suspensión o de la denegación, total o parcial, del cumplimiento de una obligación en caso de incumplimiento de la contraparte, según la legislación civil ucraniana. Novum Jus, 18(2), 131–150. https://doi.org/10.14718/NovumJus.2024.18.2.5
Leheza, Y. Yerofieienko, Larysa. Komashko, Volodymyr. (2023). Propiedad intelectual en Ucrania bajo la ley marcial: regulación jurídica, aspectos administrativos y civiles. DIXI, 26(1), 1-11. https://doi.org/10.16925/2357-5891.2024.01.09 URL. https://revistas.ucc.edu.co/index.php/di/article/view/4960
Leheza, Yevhen. Yurovskа, Viktoriia. Zamryha, Artur. Ulozhenko, Vadym, Bohdan. Bohdana 2024. Administrative and legal regulation of the status of internally displaced persons in Ukraine during the war. University of Western Australia Law Review. 51 (2). 297-313. https://www.uwa.edu.au/schools/-/media/documents/uwa-law-review/volume-51-issue-2/leheza-et-al-formatted.pdf
Matviichuk, Anatolii. Shcherbak, Viktor. Sirko, Viktoria. Malieieva, Hanna. Leheza, Yevhen. 2022. Human principles of law as a universal normative framework: Principios humanos del derecho como marco normativo universal. Cuestiones Políticas, 40(75), 221-231. https://doi.org/10.46398/cuestpol.4075.14
Mykhailovych, Dmytro Marianovych. 2003. Official interpretation of the law: abstract of the dissertation for obtaining the scientific degree of candidate of legal sciences. Kharkiv National University of Internal Affairs. Ukraine.
Nalyvaiko, Larysa Leheza, Yevhen, Sachko, Oleksandr. Shcherbyna, Victor. Chepik-Trehubenko. Olha. 2022. Principles of law: Methodological approaches to understanding in the context of modern globalization transformations. Ius Humani. Law Journal, 11(2), 55-79. https://doi.org/https://doi.org/10.31207/ih.v11i2.312
Patei-Bratasiuk, Mariia Hryhorivna. 2010. Anthropocentric theory of law: a study guide. Kyiv. Ukraine.
Sinkevych, O., YurovskаV., Komissarova, N., Tkachenko, O., & Leheza, Y. (2024). Subjects of public authority in matters of combating terrorism: legal regulation, administrative, and criminal aspects. Ius Humani. Law Journal, 13(1), 1-14. https://doi.org/10.31207/ih.v13i1.332
Skakun, Olha Fedorivna. 2012. Theory of law and the state: a textbook. Alert. Kyiv. Ukraine.
Tylchyk, Vyacheslav. Matselyk, Tetiana. Hryshchuk, Viktor. Lomakina, Olena. Sydor, Markiian. Leheza, Yevhen. 2022. Administrative and legal regulation of public financial activity: Regulación administrativa y legal de la actividad financiera pública. Cuestiones Políticas, 40(72), 573-581. https://doi.org/10.46398/cuestpol.4072.33
Villasmil Espinoza, Jorge; Leheza, Yevhen; Holovii, Liudmyla. 2022. Reflections for the interdisciplinary study of the Russian Federation’s invasion of Ukraine in 2022: Reflexiones para el estudio interdisciplinario de la invasión de Ucrania por parte de la Federación Rusa en 2022. Cuestiones Políticas, 40(73), 16-24. https://doi.org/10.46398/cuestpol.4073.00
Volynka, Kateryna Hryhorivna. 2003. Theory of the state and law: a study guide. MAUP. Kyiv. Ukraine.
Zadyraka, Nataliia. Leheza, Yevhen. Bykovskyi, Mykola. Zheliezniak, Yevhenii. Leheza, Yulia. 2023. Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning. Jurnal cita hukum indonesian law journal. Vol. 11 No. 1, pp. 33–44, DOI: https://doi.org/10.15408/jch.v11i1.31784  
Legal Regulations on Professional Liability Insurance for Non-Material Damages: Lessons for Vietnam from China
Full text linkProfessional liability insurance is essential for protecting professionals and organizations against financial losses resulting from negligence or errors in their services. Despite its importance, the legal framework governing professional liability insurance for non-material damages, such as reputational, prestige, or mental health harm, remains underdeveloped in Vietnam. This paper analyzed and compared the legal regulations surrounding professional liability insurance for non-material damages in China and Vietnam. It identified key lessons that Vietnam could adopt to enhance its legal framework. Existing legal texts, scholarly articles, and case law from both countries were examined. The findings revealed that, while China has established a more robust regulatory framework to address non-material damages, Vietnam\u27s current legal provisions are fragmented and lack clarity. The analysis highlights aspects of China\u27s approach, including comprehensive definitions and more evident liability standards, which could significantly benefit Vietnam\u27s legal system. The significance of this study lies in its potential to inform policymakers and legal practitioners in Vietnam about effective regulatory practices in professional liability insurance. By drawing insights from China\u27s experience, Vietnam can develop a more coherent and effective legal framework that protects professionals and enhances consumer trust in professional services. This research contributes to the ongoing discourse on legal reform in Vietnam, particularly in emerging areas of professional liability law.
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Anh, N. T. B. (2020). Medical malpractice liability insurance: Comparison of Vietnam to some European countries. Can Tho University Journal of Science, 12(3), 73–79.
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Chen, C. X. (2009). Who really matters? Revenue implications of stakeholder satisfaction in a health insurance company. The Accounting Review, 84(6), 1781–1804. https://doi.org/10.2308/accr.2009.84.6.1781
Circular No. 40/2015/TT-BTC. (2015). Guiding the implementation of some provisions of the Law on Insurance Business. (Vietnam). (Effective June 1, 2016).
Civil Code No. 91/2015/QH13. (2015). Socialist Republic of Vietnam. (Effective January 1, 2017).
Civil Procedure Code of Vietnam. (2004). Socialist Republic of Vietnam. § 33 (Amended 2011).
Decree No. 47/2017/ND-CP. (2017). On Health Insurance. Socialist Republic of Vietnam. (Effective June 1, 2017).
Decree No. 73/2016/ND-CP. (2016). Detailing several provisions of the Law on Insurance Business. Socialist Republic of Vietnam. (Effective July 1, 2016).
Ewald, W. (1995). Comparative jurisprudence (II): The logic of legal transplants. The American Journal of Comparative Law, 43(4), 489–510. https://doi.org/10.2307/840621
Gredka-Ligarska, I. (2024). Employer as an AI system operator and non-contractual civil liability for damage caused by AI systems: The EU and Chinese perspectives.
Hang, N. H. B. (2024). Addressing fragmentation in Vietnam’s data protection laws: Recommendations for a unified legal framework. Vietnamese Journal of Legal Sciences, 11, 14.
Insurance in Asia. (2024). Professional and directors\u27 liability insurance in Vietnam. https://www.insuranceinasia.com/businesses-employers/professionals-directors-liability/
Insurance Law of the People’s Republic of China. (1995).
Insurance & Reinsurance Laws and Regulations. (2025). Insurance & Reinsurance Laws and Regulations: China 2025 (Zhiyi Ren & Blake Wang, Contributors). ICLG.
Laskar, M. (2013, April 4). Summary of social contract theory by Hobbes, Locke and Rousseau. Locke & Rousseau. https://www.academia.edu/2286503/Summary_of_Social_Contract_Theory_by_Hobbes_Locke_and_Rousseau
Law on State Compensation Liability, No. 10/2017/QH14. (2017). Socialist Republic of Vietnam. https://english.luatvietnam.vn/law-no-10-2017-qh14-dated-june-20-2017-of-the-national-assembly-on-state-compensation-liability-115519-doc1.html
LawNet. (2024). Vietnam: Compensation for non-contractual damages involving foreign elements under Decree 138. https://lawnet.vn/thong-tin-phap-luat/en/chinh-sach-moi/vietnam-compensation-for-non-contractual-damages-involving-foreign-elements-under-decree-138-144182.html
Long, P. D., Hien, B. Q., & Ngoc, P. T. B. (2024). Money supply, inflation and output: An empirically comparative analysis for Vietnam and China. Asian Journal of Economics and Banking, 8(2), 294.
Nguyen, C. T. (2024). Does reputation matter? Explaining China’s evolving strategy in South China Sea disputes. Issues & Studies, 60(4), 2450013. https://doi.org/10.1142/S1013251124500135
Nguyen, N. P., Wu, H., Evangelista, F., & Nguyen, T. N. Q. (2020). The effects of organizational mindfulness on ethical behaviour and firm performance: Empirical evidence from Vietnam. Asia Pacific Business Review, 26(3), 313–335. https://doi.org/10.1080/13602381.2020.1716690
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The Actuary Magazine. (2024, September). Vietnamese insurance market insights: A conversation with Phuong Chung Ba, FSA, Chairman of TC Advisors at Techcombank. https://www.theactuarymagazine.org/vietnamese-insurance-market-insights/
Tran, A. L. (2017). Neurasthenia, generalized anxiety disorder, and the medicalization of worry in a Vietnamese psychiatric hospital. Medical Anthropology Quarterly, 31(2), 198–216. https://doi.org/10.1111/maq.12358
Vietnam Civil Procedure Code. (2015). Socialist Republic of Vietnam.
Vietnam Decree No. 73/2016/ND-CP. (2016). Detailing several provisions of the Law on Insurance Business.
Vietnam Decree No. 47/2017/ND-CP. (2017). On Health Insurance.
Vietnam Law on Consumer Protection No. 59/2010/QH12. (2011). Socialist Republic of Vietnam. (Effective July 1, 2011).
Vietnam Law on Insurance Business No. 24/2000/QH10 (amended by Law No. 61/2010/QH12). (2010). Socialist Republic of Vietnam.
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Xue, J., & Weng, S. (2025). Navigating the legal complexities of telesurgery in China: An assessment of tort liability and the path forward. Medicine, Science and the Law, 65(1), 15–22. https://doi.org/10.1177/00258024231221361
Zhang, X., & Zhang, X. (2018). On legislation of punitive damages. In Legislation of Tort Liability Law in China (pp. 475–493). Springer. https://doi.org/10.1007/978-3-662-55510-5_24
Criminal, administrative, finance and legal aspects of the use of artificial intelligence in the legal sphere: foreign experience and prospects for Ukraine under martial law
Full text linkAbstract. The article studies the nature of artificial intelligence in foreign countries, in particular in criminal law, financial, administrative regulation. It is substantiated that the use of artificial intelligence in courts will improve the quality of court decisions and increase the efficiency and objectivity of decisions in the authorities. In 2023, a US federal court ruled on the possibility of registering copyright to a work of fine art created by the artificial intelligence DABUS (United States District Court for the District of Columbia [2023]: Thaler v. Perlmutter, № 22-CV-384-1564-BAH). It should be noted that the introduction of legal regulation of artificial intelligence is critical to ensure its safe and ethical use. International cooperation and harmonization of the regulatory framework can contribute to the creation of an effective regulatory system that takes into account the interests of all parties and promotes innovation, while protecting human rights and freedoms. Thus, the analysis of large amounts of data can identify patterns and trends in court decisions and in general in the activities of public administration, and software can influence the forecasting of risks. A number of serious challenges and risks are associated with the purpose of ensuring the security of personal data and the validity of court decisions using artificial intelligence technologies. According to the results of the study, it is proved that artificial intelligence in judicial activity is possible only if effective legal mechanisms are introduced that allow coordinating and regulating these processes.Key words: Administrative regulation, Artificial intelligence, Court decision, Financial regulation, Criminal basis, Assessment, Evidence, Fairness, Reasonableness, Justification.
Information Support of Procedural Activities to Prove Moral Damage in Pre-Trial Proceedings
Full text linkThis article explores the procedure for establishing the facts of moral harm resulting from criminally punishable acts during pre-trial criminal proceedings. The study employs a qualitative research method with a normative-juridical and descriptive-analytical approach, drawing upon legal documents, statutory provisions, and expert opinions to analyze how investigators and inquiry officers handle moral damage claims. Through qualitative content analysis of case files, legal frameworks, and interview data with practitioners, the study identifies procedural gaps and best practices in ensuring justice for victims. It has been demonstrated that investigators and inquiry officers must clearly explain the victim’s right to file a civil claim, take appropriate measures to secure compensation, and provide guidance on evidence collection. The article also analyzes criteria for assessing moral damage, emphasizing the importance of documenting both the psychological and emotional consequences of criminal acts. The findings affirm the necessity of mandatory documentary proof to substantiate claims of moral harm. Moreover, the proactive role of investigators in gathering and attaching supporting documents to case files is essential, as it establishes the legal basis for courts to award fair monetary compensation proportional to the moral suffering endured by victims.
REFERENCES:
Burdov v. the Russian Federation (No. 2) (complaint No. 33509/04): Ruling of the European Court of Human Rights, Strasbourg, January 15, 2009. (2009). In O. A. Sadovskaya, & A. I. Ryzhov (Comp.), Case law of the European Court of Human Rights in relation to Russia: Collection of selected decisions and decisions of the ECHR for Russian judges: in 2 vols. Vol. 2. Nizhny Novgorod: Komitet protiv pytok.
Chechel, G. I. (2013). Preduprezhdeniye prestupleniy – osnova zashchity interesov obshchestva [Prevention of crimes is the basis of society\u27s interests’ defense]. Society and Law. No. 3(45), 176-180.
Erofeev, S. V., & Erofeeva, A. S. (2005). Meditsinskiye i yuridicheskiye aspekty problemy vozmeshcheniya moral\u27nogo vreda v svyazi s povrezhdeniyem zdorov\u27ya i prichineniyem smerti [Medical and legal aspects of the problem of compensation for moral damage in connection with damage to health and causing death]. In Yu. D. Sergeev (Ed.), Scientific works of the II All-Russian Congress (National Congress) on medical law, Moscow, Russia, April 13-15, 2005: Collection of scientific articles. Moscow: National Medical Law Association.
Grinenko, A. V. (2001). Sistema printsipov ugolovnogo protsessa i yeye realizatsiya na dosudebnykh stadiyakh [The system of principles of criminal procedure and its implementation at the pre-trial stages]: Diss. ...Doct. Jurid. Sciences. Voronezh State University, Voronezh.
Gritsenko, E. N. (2005). Moral\u27nyy vred kak posledstviye prestupleniy protiv zhizni i zdorov\u27ya [Moral harm as a consequence of crimes against life and health]: Abstract. Diss. ...Cand. Jurid. Sciences. People’s Friendship University of Russia, Moscow.
Kanaev v. the Russian Federation (complaint No. 43726/02): Ruling of the European Court of Human Rights, Strasbourg, July 27, 2006. (2009). In O. A. Sadovskaya, & A. I. Ryzhov (Comp.), Case law of the European Court of Human Rights in relation to Russia: Collection of selected decisions and decisions of the ECHR for Russian judges: in 2 vols. Vol. 1. Nizhny Novgorod: Komitet protiv pytok.
Khasanshina, R. G. (2014). Sushchnost\u27 i znacheniye vozmeshcheniya vreda poterpevshemu pri prinyatii protsessual\u27nykh resheniy po ugolovnym delam [The essence and significance of compensation for harm to the victim when making procedural decisions in criminal cases]: Diss. ...Cand. Jurid. Sciences. South Ural State University, Kazan.
Komarov, I. M., & Potetinov, V. A. (2016). Problemnyye aspekty kompensatsii moral\u27nogo vreda v poryadke reabilitatsii [Problematic issues of compensation for moral damage in the order of rehabilitation]. Criminalist\u27s library. Scientific Journal. No. 4(27), 59-69.
Kopik, M. I. (2014). Kompensatsiya moral\u27nogo vreda zhertvam terrorizma [Compensation for moral damage to victims of terrorism]: Diss. ...Cand. Jurid. Sciences. Volgograd State University, Volgograd.
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Krylov, E. N. (2016). Chto nuzhno znat\u27 o kompensatsii moral\u27nogo vreda poterpevshemu [What you need to know about compensation for moral damage to the victim]. Criminal Procedure. Vol. 9, No. 141, 32-43.
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Pushkarev, V. V., Fadeev, P. V., Khmelev, S. A., Van Tien, N., Trishkina, E. A., & Tsviliy-Buklanova, A. A. (2019). Crimes in the Military-Industrial Complex (MIC). International Journal of Recent Technology and Engineering. Vol. 8, No. 3, 7950-7952. https://doi.org/10.35940/ijrte.C6635.098319
Pushkarev, V. V., Poselskaya, L. N., Skachko, A. V., Tarasov, A. V., & Mutalieva, L. S. (2021). Criminal prosecution of persons who have committed crimes in the banking sector. Cuestiones Políticas. Vol. 39, No. 69, 395-406. https://doi.org/10.46398/cuestpol.3969.25
Pushkarev, V. V., Skachko, A. V., Gaevoi, A. I., Vasyukov, V. F., & Alimamedov, E. N. (2022). Managing the investigation of cryptocurrency crimes in the Russian Federation. Revista Electrónica de Investigación en Ciencias Económicas. Vol. 10, No. 19, 111-125.
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Digital Rights and Early Childhood Education: A Legal Perspective
Full text linkDigital rights refer to the freedoms and protections individuals, including children, are entitled to in the digital environment. In an era of rapid digitalisation, ensuring these rights, especially within early childhood education, has become increasingly significant. Children are active participants in the digital world, and their rights to safely access, use, and interact with digital content must be viewed from educational and legal perspectives. Core concerns include safeguarding children’s presence in digital spaces, protecting their data, and ensuring equitable access to appropriate digital resources. In this regard, Digital Rights Management (DRM) systems play a vital role in regulating access and ensuring content protection, while emerging technologies such as blockchain enhance transparency and security in copyright enforcement. Access to digital content is central to children\u27s learning and development, making it a public responsibility to protect these rights through sound policy and regulation. At the same time, digital engagement brings potential risks, such as digital addiction, which can adversely impact children’s cognitive, emotional, and social development. Research indicates that familial, environmental, and educational factors often influence this addiction. Thus, parents and educators play a critical role in creating a safe and balanced digital experience for children. Their awareness, supervision, and attitude towards digital tools shape how children navigate online platforms. Therefore, stakeholders—governments, educators, and families alike—must collaborate in creating frameworks that uphold children\u27s digital rights and promote responsible digital citizenship from an early age
The Urgency and Projection of The New Renewable Energy Regulation in Realizing National Energy Security
No full textEnergy use in Indonesia is still dominated by the use of non-renewable energy derived from fossils, such as oil and coal. The government through the Directorate General of Electricity, Ministry of Energy and Natural Resources, targets that in 2025 Indonesia has a target of 23% of the use of new renewable energy (EBT) so that it requires an accelerated energy transition. Renewable energy has a very important role as a source of energy in the future as well as an important factor for national security, so regulation of new and renewable energy becomes an urgency as a strong legal umbrella to accelerate the development of new and renewable energy in Indonesia. However, it is necessary to project arrangements regarding new renewable energy that is able to overcome obstacles and challenges in the development of new renewable energy such as the existence of adequate technology and human resource capacity including aspects of justice and equity for the greatest prosperity of the people as mandated by the constitution. Comprehensive rules in regulating new and renewable energy are a necessity, this is useful for minimizing all challenges and obstacles while at the same time realizing national energy security in the future because energy is an important sector as an economic driver but also as a natural resource that has a strategic role for people\u27s lives. Indonesia. This study uses normative legal research with a conceptual approach, in which the research approach departs from the views and doctrines that have developed in the science of law. This research also uses a statute approach and a comparative approach, which is an approach that is carried out by examining all laws and regulations related to aspects of new and renewable energy and other regulations. As well as comparing the laws and regulations of a country with other countries such as the Philippines, England and Germany
Политика Идентичности и Демократия В Индонезии (Identity Politics and Democracy In Indonesia)
Full text linkThe article presents an analysis of the implementation of identity policy in Indonesia in its correlation with the democratic principles proclaimed by the government. The importance of having a state identity in the modern political situation is substantiated. An understanding of identity is provided from a scientific perspective, and the specifics of understanding identity in Indonesian national policy are explored. The reliance on understanding identity is based on national specifics, including traditions, state laws, symbols, and the constitution that prescribe its interpretation. The connection between identity policy and the proclaimed democracy is shown. An assumption is made about the potential for further identity formation in the country. The specifics of how the Indonesian government interprets democratic principles are highlighted. The main principles of democracy are given - "Trisila", formed by the first president of the Republic of Indonesia, Sukarno. The positioning of the political and economic aspects of democracy is emphasized. The triggers of conflicts in Indonesian society are recorded. An understanding of the specifics of "identity policy" and "political identity" is provided. The connection between democratic culture and regional political cultures is revealed. The difficulties of implementing identity politics in the regions are shown. Cultural elements such as religions, ethnic groups, and ideologies are used as instruments for promoting regional interests. Political and ethnic “gaps” are understood as defining structural elements of Indonesia’s identity politics
Judicial Activism In Criminal Prison Sentences Below The Minimum Sentence In Narcotics Cases From A Criminal Accountability Perspective
No full textThe decision to sentence below the special minimum that has been determined by law a priori is a denial of the principle of legality. However, in the paradigm of Judicial Activism, it can be justified as long as it meets the principles or principles of applicable criminal law, follows the development of community law and in the context of protecting the basic rights of the Defendant from the arbitrariness of law enforcement. Therefore, the author wants to test the extent to which the practice of Judicial Activism can be carried out by judges in sentencing decisions below the special minimum. In this paper, the author wants to test it by reinterpreting the principle of legality in the function of regulating criminal law, the concept of criminal responsibility and viewing it futuristically through the application of the National Criminal Code. The research method in this paper is normative with a statutory and conceptual approach. Two things are concluded, First, Judicial Activism can be applied within the framework of the principle of legality which means that the judge corrects the prosecution process by the Public Prosecutor in the criminal justice system and is based on the balance of the subjective state of the Defendant when committing a crime, so that the decision can be made below the special minimum. Second, the guidelines and limitations of judges in carrying out Judicial Activism are to consider the concept of the Defendant\u27s criminal responsibility in the trial, the limits of which can be guided by the National Criminal Code, especially in relation to the Sentencing Guidelines