JURNAL CITA HUKUM
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Environmental Agreement as the Object of State Administrative Disputes
Full text linkThe implementation of state administrative law is presently undergoing considerable changes due to modifications in environmental law regulations. A significant alteration is the shift from a business license framework to a business approval framework, which has generated ambiguity in environmental law enforcement, particularly incorporating ecological approvals under the purview of disputes in the State Administrative Court (PTUN). This alteration presents new difficulties in ascertaining the authority of the PTUN and the interpretation of environmental legislation within the framework of state administration. This study employs a qualitative research methodology utilizing two primary approaches: the literature approach and the legal approach. The literature approach examines several academic sources, journals, books, and legal documents pertinent to the evolution of the corporate licensing and approval system and its implementation in environmental law. This literature study elucidates the theoretical framework and legal advancements pertinent to ecological conflicts in the PTUN. The legal analysis involves scrutinizing relevant laws and regulations, particularly state administrative and environmental law, including Law No. 30 of 2014 on Government Administration and Law No. 32 of 2009 on Environmental Protection and Management. The study\u27s findings indicate that transitioning from a business licensing system to a business approval system has generated ambiguity within PTUN authority, particularly on environmental approvals. The State Administrative Court, as a crucial judicial body under the Supreme Court, possesses autonomy in adjudicating administrative disputes and plays a key role in the enforcement of environmental law. Yet, this alteration necessitates a more explicit elucidation of environmental and state administrative law interplay. This article seeks to examine the function of the PTUN within the Indonesian legal system concerning the enforcement of environmental law and to provide solutions for addressing the issues stemming from this regulatory alteration
Shortcomings In The Legal System On Limited Partnership In Vietnam
Full text linkCurrently, Vietnamese law does not clearly distinguish between limited partnerships and general partnerships. Limited partnerships are still merged with general partnerships in several provisions of the 2020 Enterprise Law. In other words, Vietnam\u27s enterprise legal system still presents many shortcomings related to the recognition and regulation of limited partnerships. However, studies on the compatibility between limited partnerships and the current Vietnamese commercial environment reveal that limited partnerships offer several advantages over general partnerships. Moreover, limited partnerships also possess distinctive benefits that are not found in other company types such as joint-stock companies or limited liability companies in Vietnam. Despite these advantages, limited partnerships have not received sufficient attention from lawmakers and investors. To address this gap, this article employs a qualitative research method with a literature and legal approach. It systematically analyzes legal documents, academic articles, and comparative studies of corporate law to explore the suitability of limited partnerships in Vietnam\u27s commercial setting. Through this method, the article identifies the existing legal deficiencies, evaluates the practical relevance of limited partnerships, and proposes specific legal reforms and policy recommendations to promote their development. The findings aim to contribute to the ongoing discourse on enterprise law reform and enhance the diversity of business organization forms in Vietnam
Legal Framework of Employing Autonomous Navigation Technologies in Maritime Transport Vessels: Challenges and Benefits from Stakeholder Perspectives
Full text linkThe study aims to explore the challenges of employing autonomous navigation technologies in maritime transport vessels by identifying the main challenges and assessing their relation to the readiness of the legislative framework. The methodology conducted for this study is semi-structured interviews to collect data, and participants were recruited via snowball sampling. This method was a series of one-on-one, open-ended interviews with a variety of stakeholders involved in maritime transportation, including "maritime transport experts, technicians, legal professionals, maritime insurance experts, captains, maritime observers, port officials, officials in maritime transport companies, and crew members of maritime transport vessels, along with experts in control and remote sensing systems." Data was gathered in two stages: the first involved in-person and remote interviews focused on exploring the challenges and benefits of employing autonomous navigation technologies in maritime transport vessels. In the second stage, the main challenges identified in the first round were presented again to the experts to evaluate their impact on the readiness of the legislative framework. The methodology ensured sufficient data collection, reaching a saturation point, which enhanced the reliability of the results. The study\u27s results confirm the strong relationship between overcoming the challenges facing autonomous navigation technologies in maritime transport vessels and utilising these technologies. It also confirms the direct impact of the expansion of autonomous navigation technologies on the legal status of the ship and maritime navigation personnel. This entails the need for innovative standards to ensure safety and determine legal responsibilities in line with the unique risks associated with autonomous navigation technologies. The study offers a distinctive contribution by exploring the challenges of employing autonomous navigation technologies in maritime transport vessels and analysing the challenges and benefits from multiple, realistic perspectives. This contributes to creating a suitable environment for employing autonomous navigation technologies in maritime transport vessels, achieving the benefits of these technologies, and overcoming the challenges
Legal Regulation of Land Protection as one of the Directions for Preventing Corruption
Full text linkThe study aims to analyse global trends in land use and conservation in the activities of state administrations as one of the directions for preventing corruption. Main content the study analysed global trends in state management in land use and conservation as one of the directions for preventing corruption. The results show that the use of land resource potentials in the world\u27s countries is carried out by considering the environmental safety requirements stipulated in the land region\u27s strategic documents. Considering Ukraine\u27s European integration intentions, a tool for rural area development based on the ecosystem approach is proposed. Methodology The materials and methods of the study are based on the analysis of documentary sources. The basis is a dialectical method of recognising the phenomena of social reality, and based on this dialectical method, mainly formal and comparative legal approaches are used. Conclusion The experience of the EU and countries around the world shows that the priority of national administrations (land administrations) in land use and conservation is the ecosystem approach to the conservation and regeneration of land and other natural resources, which can be achieved through the maintenance of common agricultural policies, the creation of funds to support farmers, the provision of technical assistance, national and targeted programs for development and long-term development planning. The general trend in European Union countries is to develop land sector development strategy documents that look 5-10 years ahead
Enhancing Restorative Justice through Victim and Witness Protection Measures
Full text linkThis research explores the pivotal role of victim and witness protection measures in augmenting the principles and effectiveness of restorative justice. Restorative justice, as a paradigm, seeks to address the harm caused by criminal behaviour by involving all relevant parties in a collective and participatory resolution process. The well-being and cooperation of victims and witnesses are critical for the success of restorative justice initiatives. This study investigates how comprehensive protection measures contribute to creating a supportive environment, fostering trust, and facilitating the engagement of victims and witnesses in the restorative justice process. The analysis encompasses various victim and witness protection aspects, including physical safety, emotional well-being, and legal considerations. By examining existing programs and policies, the research identifies best practices and areas for improvement in ensuring the security and confidentiality of those participating in restorative justice proceedings. Additionally, the study assesses the impact of protection measures on the willingness of victims and witnesses to actively participate, share their perspectives, and collaborate towards achieving meaningful resolutions. Ultimately, this research aims to provide insights and recommendations for policymakers, practitioners, and scholars to enhance the integration of victim and witness protection measures within restorative justice frameworks. By prioritising the safety and support of individuals involved, the justice system can better fulfil its commitment to addressing harm, promoting accountability, and fostering healing within communities affected by criminal acts
The Concept and Meaning of the Procedural Control of the Head of an Investigative Body in Criminal Proceedings
Full text linkIn the article, the authors consider the most pressing issues relating to the conceptual framework of procedural control of the head of an investigative body and its importance in pre-trial criminal proceedings. The authors distinguish the correlation between the procedural control and departmental control exercised by the head of the investigative body. The authors substantiate that the science of criminal procedure needs theoretical consolidation of the correlation between procedural and departmental control, which is correlated as the general with the particular, where procedural control is understood as a special case of departmental control. In conclusion, based on the features highlighted by the authors, the author\u27s wording of the concept of procedural control, which should be understood as based on the norms of criminal procedure law activity of the head of the investigative authority, carried out during the pre-trial proceedings in criminal cases, to implement the purpose of criminal proceedings, identifying, eliminating and preventing violations of criminal procedure and other legislation by the investigator, subject to the limits determined by procedural independence
Protecting the integrity of e-books in the network environment: A comparative law perspective
Full text linkThe digital age has ushered in a remarkable transformation in accessing literature. The rise of electronic books has democratized access to a vast library of works, fostering a more vibrant and inclusive reading culture. However, this revolution in the network ecosystem has presented unforeseen challenges. One critical concern lies in safeguarding the integrity and authenticity of e-books within this dynamic online environment. This paper examines the inadequacies of the current Vietnamese legal framework in protecting the integrity of e-books. By employing a comparative legal analysis, the current paper will investigate how copyright and related rights are addressed in the legal systems of select countries worldwide. Additionally, the paper will explore the relevant provisions of international treaties regarding the right to protect the integrity of copyrighted works. This comparative and global framework will inform the development of future-oriented perspectives on e-book integrity in Vietnam. Furthermore, the paper will propose concrete amendments to Vietnamese law that aim to strengthen the protection of authors\u27 moral rights, particularly the right to safeguard the integrity of their works in the digital realm. These proposals aim to contribute to a broader discussion on legislative reform in Vietnam, ensuring that its legal framework effectively addresses the unique challenges posed by e-books in the digital age
Examination of Early Childhood Education in Türkiye in terms of Children\u27s Law and Rights
Full text linkChildren\u27s rights and child law have taken their current form since the second half of the 20th century. The Geneva Declaration of the Rights of the Child, published by the United Nations in 1924, aimed to secure children\u27s rights. The primary purpose of this research is to examine early childhood education in Turkey in terms of children\u27s rights. Childhood and the historical process of children\u27s rights were first addressed in this context. Then, early childhood education in Turkey was examined within the framework of children\u27s rights. The research, conducted as a literature review, revealed that Turkey participated in the 1st and 2nd Balkan Congresses in 1936 and 1938 and pioneered universal children\u27s rights studies by contributing to the decisions made in these congresses. Additionally, the study showed that, due to the value placed on children in Turkish culture, which spans thousands of years, positive practices regarding children\u27s rights have been carried out throughout history. Moreover, Turkey became a party to the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. It has made appropriate adjustments in its domestic law. It has been observed that, as in every stage of educational activities, early childhood education in Turkey is also conducted with a child-centred approach and in adherence to the child\u27s legal rights. The findings obtained were discussed in the discussion section
Legal Policy Study on the Authority and Responsibility of Nadzir in Waqf Management
Full text linkWakf plays a pivotal role in Muslims\u27 economic development and social welfare. The nadir, as the manager of waqf assets, possesses the legal authority and responsibility to optimize waqf utilization in conformity with Sharia principles. Nonetheless, in practice, numerous problems and constraints frequently impede the efficacy of nadzir\u27s job. This article seeks to examine the legal framework governing the power and responsibilities of nadir in waqf administration in Indonesia, intending to identify the support and challenges encountered by nadir in managing waqf assets. This study employs a qualitative methodology utilizing a literature review and a legislative analysis, encompassing an examination of Law No. 41 of 2004 on Waqf and its associated regulations alongside diverse scholarly material pertinent to waqf management. The study\u27s findings suggest that while legal frameworks in Indonesia establish a foundation for nadzir\u27s power, it is necessary to enhance laws and governmental assistance to optimize waqf management. In conclusion, incentive policies and enhanced competence of nadzir are essential to augment efficiency and transparency in waqf management, so enabling a more significant contribution to community welfare.
Impact of the Digital Transformation of Society on the Determination of Optimal Punishment Models to Counter Crime
Full text linkThis study aims to define the essence of punishment from both retrospective and prospective perspectives, particularly in the context of the digital transformation of society. The study draws on qualitative methods, including a comprehensive analysis of contemporary scientific literature and expert interviews, to examine the evolving nature of punishment. The analysis is grounded in the views of prominent researchers and theorists, allowing the authors to develop their theoretical provisions regarding the moral nature of punishment. These provisions emphasize the importance of maintaining the human element in the penal system, arguing that the moral judgment inherent in punishment should not be entirely entrusted to digital instruments or artificial intelligence. Instead, the study advocates for a balanced approach that recognizes the potential of digital tools to enhance efficiency while cautioning against their excessive use in penological practice. Furthermore, the study highlights probation techniques as a key means of individualized crime prevention, suggesting that these techniques should remain central to the penal system in an era of digital transformation. By focusing on the human capacity for moral judgment and individualized prevention, the study proposes that the role of digital tools should be supplementary rather than central. In conclusion, the study recommends that legislators and practitioners prioritize the preservation of human judgment in punishment practices, using digital tools cautiously and ensuring that they do not undermine the moral and individualized aspects of justice. The findings suggest a need for further research into the ethical implications of digitalization in criminal justice, particularly regarding the balance between human and digital roles in punishment