JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

THE EARNEST IN THE RUSSIAN CIVIL LAW

On the basic of historic construction the legal sense of earnest regulation is considered having been adopted from the past word by word. This doesn’t amount to main objective implementation of this remedy to make contractual conditions of future agreement binding on parties subject to the broad autonomy of will. Legal provisions on earnest don’t correspond to categories of “liability”, “unilateral transaction”. The regulation should promote such tools as “compensations form release of obligation”, “offer”, “penalty”, “preliminary contract”. At present the institute of earnest isn’t operational and applicable only within the market of residential real estate so far. The efforts were made to present the renewed legal provisions on earnest as normative basis of this legal instrument having long spread over the limits of ordinary obligation security measure.

The Arms Trade Treaty

On 2 April 2013, the United Nations General Assembly adopted the Arms Trade Treaty and on 24 December 2014, it entered into force. This marked the end of a long road towards achieving the first global treaty regulating the international trade in conventional arms and preventing their illicit trade and diversion. <br><br>This book offers readers a concise and workable insight into each of the Articles of this important legal instrument, as well as its negotiation and scope of application. It brings together renowned state practitioners, legal academics and non-governmental expert analysts with different perspectives and backgrounds, many of whom were directly involved in the negotiation of the Treaty itself. <br><br><i>The Arms Trade Treaty</i> will provide a comprehensive commentary to guide academics, officials, diplomats and others in the implementation of the Treaty. <br><br>This book was previously published by Larcier. By popular demand, it has been republished and is now available in eBook format.

Marine Scientific Research in Japan’s Practice

This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

International Legal Instruments in Responding to Human Trafficking

Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally. KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.

Transacting Business through/for Others in Early Colonial Western India: The Text, Context, and Meaning of a Mukhtār-nāma of 1821

In the Persianate world, a mukhtār-nāma (deed of representation or a power of attorney) was a legal instrument that enabled people to transact business through a representative or agent (mukhtār or wakīl). This is a study of one such document written in Surat in 1821. It analyses the document for its socio-cultural, legal, and commercial significance as well as to explore the transition in the adjudication of commercial disputes and civil cases from Mughal to East India Company courts. It shows that there was a strong tradition of documenting business transactions in early modern South Asia and that such practices have continued into the colonial and postcolonial periods.

Child Protection Measures as a Legal Instrument for Child Protection at Tirana Municipality

For Albanian institutions and society, application of the protection measures comes not only as an innovation in the field of child rights and protection but especially as a legal instrument that for the first time attains to put the highest interest of the child and to guarantee his/her protection in time and according to the simplified legal procedure. This paper presents types of protection measures, child characteristics for which these measures have been in place, analysis of the process starting with the identification and evaluation of the risk till in confirming of the protection measure from the Court as well as all the progress of implementation of the Individual Protection Plan. The paper offers an analysis of the demographic and analytic factors on the motives and cases where protection measures are applied. 74 measures analyzed are 74 children's’ life's where the protection system has intervened to stave off from the risk and offer the services in a safe place. In 36 of them is being realized specialized supervision in family environment where through the Individual Protection Plan, despite family services, specialized support from child protection unit is being more intensive in family. In absence of foster families, the protection measure for child placement in alternative care is applied in residential care institutions or at their relatives. For emergent protection cases, all 23 children are placed in residential care institutions for children; 8 cases taken under immediate protection and other 13 cases taken under protection and placed in alternative care actually are not leaving in street condition but placed in a safe place meanwhile that child protection structure continue with empowering plans for families aiming at returning of child close to biological families. Received: 31 May 2021 / Accepted: 4 September 2021 / Published: 5 November 2021

PEMBUANGAN BAYI DALAM PERSPEKTIF HAK ASASI MANUSIA

This study focuses on the disposal of the baby by the biological parents through killing the baby first then discarding. The study aims to find out the crime of child disposal from the perspective of human rights. The method used in this research is normative legal research, which is descriptive analysis to find a rule of law in order to answer the legal issues faced. The results showed that the right to life which is part of human rights has been owned by babies since they were in the womb as God's creatures. No one can take away someone's right to life. The increase in cases in the last three years proves that there is no deterrent effect on the perpetrators of crime. The urgency of making the right legal instrument is needed for perpetrators of child disposal crimes. Penelitian ini dibatasi oleh pembuangan bayi yang dilakukan oleh orang tua kandung, dengan membunuh bayi terlebih dahulu kemudian dibuang. Adapun tujuan dari penelitian ini adalah untuk mengetahui tindak kejahatan pembuangan bayi bila ditinjau dari perspektif hak asasi manusia. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif, yang bersifat deskriptif analisis untuk menemukan suatu aturan hukum guna menjawab isu hukum yang dihadapi.Hasil penelitian menunjukkan bahwahak hidup yang merupakan bagian dari hak asasi manusia telah dimiliki oleh bayi semenjak berada di dalam kandungan sebagai mahluk ciptaan Tuhan. Tidak ada seorang pun yang dapat merampas hak hidup seseorang. Meningkatnya kasus dalam tiga tahun terakhir, membuktikan tidak adanya efek jera terhadap para pelaku kejahatan. Urgensi pembuatan instrumen hukum yang tepat diperlukan bagi pelaku kejahatan pembuangan bayi.

Qualified laws as actors of the separation of powers

Over the last few decades, several countries have entrenched a special subcategory of law, which is adopted by stricter procedural rules than the requirements of the ordinary legislative process. These laws are enacted by qualified majority, by the consent of the two chambers of the legislation, and are subject to mandatory constitutional review before their promulgation, or additional safeguards are implemented in the ordinary legislative process. It is beyond doubt that this legal instrument influences the prevalence of the separation of powers and the constitutional principle of democracy in a remarkable way; therefore, it might be an important tool for populist politicians to concrete their preferences for the long term. In this study, my aim is to conceptualize the most highly contested issues regarding the legal nature of qualified laws, and to provide a deeper understanding of the interdependence between qualified laws and the separation of powers. This analysis might also clarify how qualified laws may serve the ambitions of populist political groups in certain specific circumstances. My contribution provides general theoretic considerations, and does not outline the particular constitutional frameworks in detail. I would rather just use the specific examples to demonstrate how the mechanism of qualified law works in practice as an instrument of constitutional law.

To What Extent are Consumers Harmed in the Digital Market from the Perspective of the GDPR?

The European Union has recently enacted a new law, the General Data Protection Regulation (GDPR),1 which is designed to strengthen existing data protection legislation in the EU. The selection of Regulation itself as a legal instrument makes the GDPR stronger than Directive as it ensures a uniform and consistent implementation of rules thereby, consolidating the EU digital single market. The GDPR reforms existing data protection policy by imposing more stringent obligations on not only data controllers but also on data processors relating to obtaining a valid consent,2 ensuring transparency of automated decision making3 and security of data processing,4 and by providing new rights for data subjects. Data subjects are entitled to withdraw their consent,5 request their data to be transferred to another data controller6 or to be deleted.7 Also, the GDPR includes certain principles aimed at regulating its cross border transfers of the EU citizens’ personal data to ensure a high level of protection outside the EU.8 Taking into account the above mentioned policies along with others, some scholars describe the GDPR as ‘the most consequential regulatory development in information policy in generation’ that has teeth.9 However, the GDPR cannot be claimed as a legal instrument that effectively deals with all threats of the digital market to consumers. This paper argues that although the GDPR has considerably expanded the rights of consumers thereby, enabling them to regain control over their personal data to certain extent, the effectiveness of its principles is limited and cannot ensure full security of data processing. Firstly, it examines the effectiveness of consent principle of the GDPR in empowering consumers to control over their data and make a genuine choice. Secondly, it analyzes “data control-rights” of consumers. Finally, it comprehensively discusses extraterritorial application of the GDPR and regulation of international transfers of data.