A New Framework for Politics, Law, and Government in the Digital Era

In the 21st century, the digital world has taken over law and politics. Political war is on online platforms, and various decisions are made based on the digital data. Another problem is to provide security of online data. Most of the world is unsatisfied with the government and policymakers. A lack of satisfaction among the people leads towards civil war or it can cause the fall of an entire selected government, or it can collapse the law systems of the world. To cope with this problem, the authors propose the judge-based political system (JBPS). The new political system can deal with the advancement of technology and cybersecurity. Judge-based politics will help to control this type of threat and provide satisfaction in the upcoming era of democracy.

Die Vermarktung des Kindes im Influencer-Marketing

Are parents free to decide how to deal with their children's privacy in the age of social media? Are children already allowed to be active as influencers? Is this still a hobby or already (regulated) work? In connection with the appearance of minors on influencer channels, questions arise that are highly relevant for fundamental rights and a healthy child development. So far, however, the child as a performer on his or her own or parental account has hardly been addressed in law and politics. The author closes this gap of a systematic reappraisal, analyses the current legal situation in Germany and formulates recommendations for action against the background of a legal comparison.

Dogmatyka prawa wobec politycznej opresji. Czy historia myśli prawnej może nas czegoś nauczyć?

One of the contemporary views formulated and popularized mainly by authors from the socalled critical theory of law is the belief in the inevitable, mutual relationship of law (theory of law and dogmatics of law) and legal practice (adjudication) with politics and the political. This position is strengthened by the observation of contemporary disputes — especially visible in Poland — with the participation of politicians and lawyers: politicians accuse lawyers of political motivation of actions taken to defend the judiciary and the rule of law, while lawyers defend themselves by arguing the need for autonomy of their professional practice, including its apolitical nature. In this text, I explain the arguments of the latter party to the dispute. I choose the dogmatics of law as the field of illustrating the issues raised, since it occupies a special place in the continental legal scholarship, acting as an intermediary between the jurisprudence and legal decision-making practice. I am trying to show — by referring to two examples from general history, i.e. the eleventh-century investiture controversy and the nineteenth-century debate in the background of the German reunification idea — that law and politics (lawyers and politicians) have always been forced to compete and cooperate with each other. Thus, it confirms the thesis of the critical theory of law. At the same time, however, I try to show that the legal community had the ability to “learn” from the political disputes of the past, which led to the formation of independent jurisprudence and legal practice in the face of current politics, and thus also to apoliticality. What is more, I argue that such an apolitical nature is a condition for the survival of legal culture in its present shape — and here, my path diverges from the critical legal theory claims. However, in my opinion, the contemporary arguments made within this theory about the political science of law and jurisprudence should be treated with all seriousness — as another experience from which our community, as one can hope, will be able to draw informative conclusions.

People's Sovereignty in the System Presidential Threshold in the Perspective Siyasah Al-Syar’iyyah

ABSTRACTUU no. 7/2017 concerning General Elections, is the legal protection for the implementation of the 2019 General Election using the system presidential threshold. The problem is, this is seen as castration of individual rights where power is in the hands of the people. Equal treatment before the law and politics in the context of nominating the President and Vice President is limited to parties that are part of and meet the threshold in the 2014 general election. This research found that the implementation of the system Presidential Threshold in Indonesia was an embodiment of the people's sovereignty itself. Where the individual directly determines the leader, and in making the requirements to become a leader, and the DPR is a representation of the people. This eliminates concerns in the community when the system will be ratified Presidential Threshold in Law Number 7 of 2017 concerning Elections so that the people's sovereignty in the threshold system is by siyasah syar’iyyah where ahlul halli wa al-‘aqdi can determine candidate leaders and Bai’ah is a form of the general election in determining the leader.Keywords: People’s Sovereignty, Presidential Threshold, Siyasah al-Syar’iyyah.\ABSTRAKUU No. 7 /2017 tentang Pemilihan Umum dasar hukum dilaksanakannya Pilkada Umum Tahun 2019 dengan menggunakan system presidential threshold. Persoalannya adalah, hal ini dipandang sebagai pengebirian hak-hak individu dimana kekuasaan berada di tangan rakyat. Perlakuan yang setara di depan hukum dan politik dalam rangka mencalonkan Presiden dan Wakil Presiden menjadi terbatas hanya pada partai yang menjadi bagian dan mencukupi -threshold di pemilihan umum 2014. Riset ini menjumpai bahwa pelaksanaan sistem Presidential Threshold di Indonesia merupakan perwujudan dari kedaulatan rakyat itu sendiri. Di mana individu secara langsung menentukan pemimpin, dan dalam pembuatan persyaratan untuk menjadi pemimpin, yang mana DPR adalah representasi dari rakyat. Hal ini menghapuskan kekhawatiran di masyarakat ketika akan disahkannya sistem Presidential Threshold dalam Undang-Undang Nomor 7 Tahun 2017 tentang Pemilu, sehingga kedaulatan rakyat dalam sistem ambang batas sudah sesuai dengan siyasah syar’iyyah dimana ahlul halli wa al-‘aqdi memiliki kapasitas untuk menentukan calon permimpin dan Bai’ah adalah bentuk dari pemilihan umum dalam menentukan pemimpin.Kata Kunci: Kedaulatan Rakyat, Presidential Threshold, Siyasah Syar’iyyah.

Ethics, law, and politics in palaeontological research: The case of Myanmar amber

Fossil material in Myanmar amber can provide important insights into mid-Cretaceous forest ecosystems, but has been receiving increased international attention due to reported links between amber mining and the ongoing humanitarian crisis in northern Myanmar, as well as the legal issues associated with its exportation. Here, we conduct a bibliometric analysis of Myanmar amber publications (1990–2021) and demonstrate how research interest in Myanmar amber is explicitly linked to major political, legal, and economic changes. An analysis of the authorship networks for publications on amber inclusions reveals how current research practices have excluded Myanmar researchers from the field. In addition, the international trade of Myanmar amber with fossil inclusions falls into a legal ‘grey-zone’ which continues to be exploited. This case study vividly demonstrates that systemic changes, alongside an increased awareness of inequitable research practices amongst the broader scientific and allied communities, are urgently needed to curb illegal practices in palaeontology.