scholarly journals Theoretical fundamentals of using methodological approaches in modern legal research: problem aspects

Legal Novels ◽  
2021 ◽  
pp. 15-21
Author(s):  
Yе.V. Bilozorov
Keyword(s):  
Research Problem ◽  
Legal Research ◽  
Methodological Approaches

scholarly journals Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016

2021 ◽  
Vol 2 (2) ◽  
pp. 296-302
Author(s):  
Erlin Kusnia Dewi ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Scientific Article ◽  
Literature Study ◽  
Legal Research ◽  
Online Transactions ◽  
Criminal Sanctions ◽  
Research Problems ◽  
Social Gathering ◽  
Legal Subjects

The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.

scholarly journals Benefits of quantitative and doctrinal methodological approaches to fan studies research

2020 ◽  
Vol 33 ◽  
Author(s):  
Ruth Flaherty
Keyword(s):  
Copyright Law ◽  
Fan Studies ◽  
Fan Fiction ◽  
Berne Convention ◽  
Legal Research ◽  
Fair Dealing ◽  
Empirical Research Methods ◽  
Methodological Approaches ◽  
Special Case

This discussion of the main practices of both legal research and fan studies research explores their key differences and similarities to demonstrate that there are important conclusions that can be drawn from the discourse between the two. The methodology of this research into copyright and fan fiction will be used as a case study to demonstrate how well these fields intersect. This research investigates whether transformative works of fan fiction should be covered by the new fair-dealing exception for pastiche within UK copyright law (Copyright Designs and Patents Act 1988), similar to parody. To discuss this, my research investigates whether it can be said empirically and doctrinally that fan fiction could be classified as a special case that does not adversely affect the rights holders' interests, as required by Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights and Article 9 of the Berne Convention for the Protection of Literary and Artistic Works. By adding doctrinal and empirical research methods to fan studies, the argument can be made that fan fiction is not harmful to the underlying work and does not interfere with the copyright holders' normal exploitation of that work, and as such should be permitted as fair dealing.

scholarly journals Anti-corruption declaring in public service: comparative legal research in the ethical paradigm

2020 ◽  
pp. 10-30
Author(s):  
Egor Trofimov ◽  
Svetlana Dmitrievna Garsia
Keyword(s):  
Public Service ◽  
Personal Information ◽  
National Policy ◽  
Legal Regulation ◽  
Asian Countries ◽  
Public Officials ◽  
Legal Research ◽  
Methodological Approaches ◽  
Foreign Materials

Leaning on the analysis of legal sources of Russia, a number of European and Asian countries, South and North America, this article explores the institution of anti-corruption declaring in public service. The goal consists in substantiation of methodological approaches, which would allow, with a certain degree of accuracy in the context of ethical paradigm, comparing the integral Institution of legal regulation of anti-corruption declaring in different countries, as well as utilizing these approaches in comparative legal research based on Russian and foreign materials for determination of substantial differences that require scientific comprehension and practical response. As a result of the conducted research, the author acquired data on several indicators of trust as an service-ethical purpose for disclosure of personal information by public officials, namely by volume of the disclosed personal information, nature of the source of the declared records, openness of declarations and their verifiability. Foreign declaring traces two main approaches: service-ethical and instrumental. In Russia, the Institution of declaring is of clear instrumental nature, which raises a question of the prospects for implementation of service-ethical approach, first and foremost, with regards to release of declarations of the officials. This question should depend on the actual goals of national policy.

scholarly journals Refleksi Paradigma Ilmu Pengetahuan Bagi Pembangunan Hukum Pengadaan Tanah

BESTUUR ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Lego Karjoko ◽  
Zaidah Nur Rosidah ◽  
I Gusti Ayu Ketut Rahmi Handayani
Keyword(s):  
Legal Theory ◽  
Land Rights ◽  
Research Problem ◽  
Land Acquisition ◽  
Major Premise ◽  
International Treaties ◽  
Legal Research ◽  
Develop Land ◽  
A Minor ◽  
Capitalist Ideology

<p><em>The purpose of this study is to explain the influence of the positivism paradigm in making land acquisition law and its application which is oriented towards formalism in Indonesia. This type of research is normative and prescriptive legal research, a paradigm that should be used to develop land acquisition law that can realize respect for land rights. To answer the research problem a concept approach is used with the analysis of the syllogism of deduction and interpretation. The paradigm of science as its major premise, while the regulation and application of land acquisition for public use as a minor premise. The results of this study are the positivism paradigm imbued with capitalism causing compensatory injustice and formal injustice in land acquisition for public use. Globalization, through international treaties, causes the importation of the laws of donor countries, which have a capitalist ideology to the Indonesian legal system, which has a family ideology. This harmonization problem if not resolved properly can cause injustice. To realize convergence, it is necessary to consider the use of realistic socio legal theory in land acquisition legal research.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Positivism, Realistic Legal Socio, Land Acquisition, Justice.</em><em></em></p>

scholarly journals Methodological Approaches to Pupils’ Ecological Culture Education

2018 ◽  
Vol 11 (1) ◽  
pp. 61-72
Author(s):  
Svitlana Sovhira ◽  
Nataliia Dushechkina
Keyword(s):  
Research Problem ◽  
Educational Work ◽  
Global Environmental Problems ◽  
Man And Nature ◽  
Development Goals ◽  
Methodological Approaches ◽  
Ecological Culture ◽  
Culture Development ◽  
The Relationship ◽  
Culture Education

Abstract The methodological approaches to pupils’ ecological culture education such as axiological and cultural had been revealed in the article. Theoretical methods: analysis and generalization of literature on the research problem; empiric: observation, conversation, pedagogical experiment were used in the process of research. Based on the use of the above methods it was stated that axiology can consider the problem of the relationship between man and nature from the perspective of values, learn the range of ecological values occuring in human activities, carry out an educational influence on the formation of ecological culture. It was investigated that in terms of axiological approach, values are correlated with various aspects of human nature (the spiritual, moral, psychological, and biological). The purpose of the article is to reveal the main methodological approaches (axiological and culturological) and apply them for the development of technology for raising the ecological culture of pupils. Materials of the research can be used for raising the ecological culture of of pupils in secondary schools and out-of-school educational institutions, will become the basis of educational and methodical publications on the education of pupils’ environmental culture, can be used by of pupils’ self-government and class leaders in educational work with pupils. It was revealed that the cultural approach to pupils’ ecological culture education allows determining the ratio of the ecological culture to the general and spiritual culture, considering the relationship between three social and natural subjects: people, culture, and nature. It was proved that the methodological approaches (axiological and cultural) substantiate the updating of environmental education component, ecological culture development goals, ideas of humanization and humanitarization of education, understanding of the crucial role of culture towards nature, ecological imperative of ecological culture in solving global environmental problems. Taking into consideration the above mentioned, the effectiveness of pupils’ ecological culture education technology had been developed and proved.

scholarly journals WANPRESTASI PERJANJIAN RUMAH TOKO DI JALAN SIDOMULYO NOMOR 4 KECAMATAN NANGA PINOH KABUPATEN MELAWI

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Stefanus Ngebi
Keyword(s):  
Descriptive Analysis ◽  
Research Problem ◽  
Cooperative Work ◽  
Problem Analysis ◽  
Legal Research ◽  
Legal Problems ◽  
The Future ◽  
Rules Of The Game

In steering a cooperative-work or business affiliation in the field of lease a building, whereas for the case of this research is a house store, it is certainly every single business actor should create rules of the game as outlined in the form of an agreement between the parties covered in order to evade legal problems that occur in the future. The parties must construct an agreement used as a legal base which obeyed by the parties covered. The approach used in this research is a Sociological Juridical Method. The approach is defined as problem analysis through legal research of factual facts in institution concerned or toward the community which covered as problems handled in the research. This research is designed in form of descriptive analysis which identifies the whole systematic object of the research problem. Furthermore, if the agreement that have been agreed upon by the parties concerned are not properly applied, as a consequences one of the parties can prosecute for compensation due to carelessness or it may also clarify in legalterms one of the parties defaults on the lease agreements that have been mutually approved. As result, In the implementation of the rental agreement of rent a house store between a lessor and the lessee on Sido Mulyo avenue, Nanga Pinoh District, Melawi Regency, it is implemented properly with the phases accomplish by the parties as follows: arising fromnegotiationstosigningtheleaseagreement letter and it should be as responsibilities of the all parties in accomplishing it properly as decided on the the agrreement of rent a house store on the sidomulyo avenue, Nanga pinoh district, Melawi regency. Moreover, in each cancellation of the agreement, all the risk of the lease will be as a responsibility of the lessee if it is canceled. Thus, the agreement must be implemented in good trust on the rights and obligations attached for each party. It also the contents of the agreement must be regulated complete with presence of sanctions. If there is negligence in adhering to the contents of the agreement, a legal formal should provide an appropriate settlement. Along with it, the design of the contents of the agreement is accomplished in a meticulous and decisive. Thus, the responsibilities of the parties toward the rights and obligations of each party immediately accomplished.

scholarly journals Pengalihan Hak Hadhanah Jatuh kepada Bapak terhadap Anak Belum Mumayyiz (Studi Kasus di Pengadilan Agama Palangka Raya)

2019 ◽  
Vol 18 (2) ◽  
pp. 158-162
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Research Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Dissertation Research ◽  
The Right

As a result of divorce, other problems also arise as a result of being granted divorce claims, both the issue of joint assets to the problem of who is more entitled to do hadhanah (maintenance) of children. In Compilation of Islamic Law Article 105 letter (a) states that in the event of divorce, the maintenance of a child who has not been mumayyiz or has not been 12 (twelve) years old is the right of his mother, then, in Article 156 letter (a) due to the termination of marriage child who hasn't mumayyiz entitled to hadhanah from his mother. The method in this dissertation research uses the type of legal research empiric research that takes place in the field, with the approach of legislation (statute approach), conceptual approach (conceptual approach), and approach (prophetic) prophetic approach is an approach with basis instrument sourced texts from the revelations received by prophets and apostles and the Sunnah. The first research problem was why Hadhanah's rights fell to the father of children who were not yet mumayyiz and the second was how the Judge's policy in deciding on hadhanah cases in the Palangka Raya Religious Court Number 0067/Pdt.G/2018/PA Plk.

Choosing, Designing, and Building the Legal Research Theme

2020 ◽  
pp. 99-140
Author(s):  
P. Ishwara Bhat
Keyword(s):  
Literature Review ◽  
Research Problem ◽  
Conduct Literature ◽  
Social Relevance ◽  
Legal Research ◽  
Intellectual Activity ◽  
Body Of Knowledge ◽  
Research Theme ◽  
Personal Interests ◽  
Selection Of

A research problem originates when the researcher considers the situation as complex, confusing and needs to probe into the way in which it can be resolved. The chapter discusses methods of selection of a problem by looking to incongruities and gaps and choice on the basis of personal interests, social relevance, and availability of time, fund and research materials. To define is to zero down the research problem. It next focuses on the drafting of a research proposal and research design, its importance, content and steps. Through this discussion it focuses on 3 questions: How to conduct literature review? What is its importance? How to contextualise a discussion in relation to the existing body of knowledge? It also discusses the formulation of a hypothesis, its importance and verification in light of vast data collected in the course of research. From the beginning to the final stage how intellectual activity is to be carried on in a systematic manner is the theme of this chapter.

Influence of Methods and Means of Informatics on the Professionalism of the Teacher

2019 ◽  
Vol 7 (5) ◽  
pp. 41-45
Author(s):  
Магомед Абдуразаков ◽  
Magomed Abdurazakov ◽  
Д. Гаджиев ◽  
D. Gadzhiev ◽  
О. Цветкова ◽  
...  
Keyword(s):  
Information And Communication Technologies ◽  
Professional Competence ◽  
Communication Technologies ◽  
Research Problem ◽  
Professional Activity ◽  
Ict In Education ◽  
Professional Activities ◽  
Information And Communication ◽  
Methodological Approaches ◽  
Pedagogical Literature

The aim is to identify the degree of infl uence of methods and means of Informatics on the professional activities of the teachers. Research methodology. Methodological approaches are used: systemic, informational, sociocultural, personal. Methods. Analysis of psychological, pedagogical and special literature, materials of discussion platforms of conferences, systematization, generalization. Research problem. On the basis of the analysis of psychological and pedagogical literature to reveal the infl uence of information and communication technologies on the content of professional and pedagogical activity as a component of professional competence of the teacher. Results. The study noted a number of objective and subjective factors that have a significant impact on the ways of the teacher, the organization of training in the information and educational environment (IEE) and the content of the components of professional and pedagogical activity. Thus, the need to purposefully prepare future teachers to work in such an environment is not in doubt. Conclusion. In the article it is noted that the qualitative impact of information and communication technologies (ICT) in education, their role and importance to full-fl edged professional activity of the modern teacher will be meaningful only when ICTs are having a concrete impact on the content of the components of his professional and pedagogical activity, as ICT become key elements in improving the educational system.

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