Interaction between Law and Morality: The Philosophical Construct

This paper discusses the jurisprudential analysis of law and legislation in a modern state. The main objective of this analysis is to ascertain the role and status of morality in the modern constitutional setup. Various views of legal positivism will be probed in light of the role of morality in codification. The study will comprise upon doctrinal analysis of various positivist writers of the 20th century. Contemporary elements of law in the modern nation-state system are more pro-positivist in approach rather than moral. In the light of these elements, the reader will understand the scope of morality especially religious morality in the contemporary legal framework. A comparative analysis will explain the standards of both theories of legal positivism and naturalist interpretation of laws.

Developing Information Technology Law and Legislation: Analysis of International Experience and Possibilities of Its Application in Ukraine

The purpose of this article is focusing attention on the relevant problematic issues that exist in the sphere of legal regulation of domestic area of high technologies, as well as finding ways of their effective solution. Noted that the legal regulation of objects and phenomena surrounding the domestic information technology (IT) sphere is quite weak and insufficient compared to other countries. Effectively functioning practices of legal regulation of the sphere of high technologies that exist in developed democracies are analyzed for their compliance with the realities of the domestic legal system. Considerable attention is paid to the characteristics of the current state of functioning of IT law and legislation in democracies. The initial successes that have already been achieved in Ukraine in relation to the IT sphere in the past were analyzed. The perspective directions of further development of IT law, as well as related domestic and international legislation, are considered. It is pointed out that the development of both the domestic high-tech industry and the functioning of IT law and legislation are inextricably linked with the democratization of the country. The methodological basis for writing the article was a set of general scientific and special methods and techniques of scientific knowledge.

IMPLEMENTASI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 18 TAHUN 2013 TERHADAP PRAKTIK PEMBALAKAN LIAR (ILLEGAL LOGGING)

This research was conducted with the aim of analyzing one area in Riau Province, precisely in Pekanbaru City, which experienced rapid forest degradation caused by illegal logging by criminals. This research was conducted using a normative approach that is related to the problems (legal issues) regarding illegal logging in Pekanbaru City. This type of approach focuses on the analysis of legal principles and theories of law and legislation that are appropriate and related to issues in legal research, and is carried out by examining secondary data in the form of books, journals, government publications related to the legal issues of this research. The results and discussion in this study regarding the implementation of the enactment of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction against individual legal subjects and business entities (corporations) that commit criminal acts in the area of Pekanbaru City. In terms of ensnaring the perpetrators of illegal logging, the existing policies are not sufficient to overcome the problem where the perpetrators of criminal acts are more sophisticated and the law enforcement against the perpetrators of criminal acts is low, so that it does not provide a deterrent effect for the perpetrators. In overcoming the problem, the participation of local communities in forest monitoring and management must be realized because it is not enough only with the law enforcement officers and in terms of regulations, specific regulations must be synchronized with general regulations so that they do not conflict with each other and create flaws in their application. Penelitian ini dilakukan dengan tujuan yaitu menganalisis salah satu wilayah di Provinsi Riau tepatnya di Kota Pekanbaru, yang mengalami degradasi hutan cukup cepat diakibatkan oleh pembalakan liar oleh para pelaku tindak pidana. Penelitian ini dilakukan dengan menggunakan pendekatan normatif yang bersangkut paut dengan pemasalahan (isu hukum) mengenai pembalakan liar di Kota Pekanbaru. Jenis pendekatan ini berupa analisis terhadap asas hukum dan teori hukum dan peraturan perundang undangan berkaitan dengan isu dalam penelitian hukum, dan dilakukan dengan cara meneliti data sekunder berupa buku, jurnal, publikasi pemerintah yang berkaitan dengan isu hukum penelitian ini. Hasil dan pembahasan dalam penelitian ini adalah mengenai implementasi Undang-Undang Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan terhadap pelaku tindak pidana perseorangan maupun badan hukum (korporasi) di wilayah Kota Pekanbaru. Dalam hal menjerat pelaku pembalakan liar, kebijakan yang ada belum cukup untuk mengatasi permasalahan yang dimana pelaku tindak pidana lebih canggih serta rendahnya penegakkan hukum terhadap pelaku tindak pidana sehingga kurang memberikan efek jera bagi para pelaku. Dalam mengatasi permasalahan maka ikut andil masyarakat setempat dalam pengawasan dan pengelolaan hutan harus direalisasikan sebab tidaklah cukup hanya dengan aparat saja serta dalam hal peraturan, haruslah peraturan yang bersifat khusus disinkronisasikan terhadap peraturan yang bersifat umum agar tidak bertentangan antar satu sama lain dan menimbulkan celah dalam penerapannya.

Russian Legal Mentality: Procedural Law vs. Customary People’s Justice

Russian customary law is a unique source for the study of the Russian traditional legal mentality. It is a kind of a cast from the people’s “instinctive right-feeling” (I. A. Ilyin), a product, a repository and at the same time a generator of legal mental attitudes. The results of research in the field of cognitive linguistics confirm the connection between thought processes and language. The author proceeds from the fact that the national language is an appropriate basis; and the means of linguistics are an effective tool for studying the national legal culture, legal mentality, legal consciousness. The paper describes separate approaches to the interpretation of the concepts of “mentality” and “mindset”, proposes a definition of the concept of “Russian legal mentality” and identifies the category of those possessing it.The procedures for considering and resolving cases according to the norms of secret, written, pre-reform (before 1864) and post-reform (after the Judicial Reform of 1864) process, fixed by positive law (legislation), not only in form, but also in the approach itself, differed significantly from the traditions of popular justice as a “branch” of Russian customary law.The main attitudes of the Russian traditional legal mentality are described in procedural aspects that are significant for the perception of law and legislation. Russian traditional legal mentality is reconstructed in order to identify the key mental attitudes inherent in the tradition of Russian customary law, in contrast with the approaches natural for the Western legal tradition. This is done in the context of the following phenomena: the ideal of justice, procedural order, legal qualification, the value of evidence, the purpose and result of justice.

Paying a premium for an accounting crime

Purpose This study aims to look at how the intention of a person when facing a dilemma to choose a good outcome (utilitarian) or a good and ethical process regardless of the outcome (deontological) by raising the case of PT. Asuransi Jiwasraya (Jiwasraya). Design/methodology/approach This study was conducted using a literature study method where researchers will analyze through previous research and news related to ethics, psychology and Jiwasraya cases. Findings In the Jiwasraya case, it can be said that the deontology principle has been violated, but the utilitarian principle also cannot provide benefits to the parties who should benefit, namely, the premium payers and the owners of third parties funds. In terms of intentions, at first, Jiwasraya’s management may intend to save and provide benefits to customers and the public who deposit funds at Jiwasraya (utilitarian principle). However, over time, managers choose to “allow” conditions to occur and even begin to engage in activities to take advantage of certain parties and groups by taking policies that are not by the rules (violating deontological principles) for personal gain. Research limitations/implications This study only discusses the Jiwasraya case through financial and accounting reports. Future studies can continue this research by looking at the Jiwasraya case through the law and legislation to obtain a complete picture. Practical implications With this research, it is hoped that the authors can better understand that the dilemma the author faces is rooted in the limitations of the abilities as humans; the ethics will influence all intentions for the choices the authors make. Originality/value This research uses case studies that occurred in Indonesia, the discussion is carried out using a utilitarian and deontological approach that has never been discussed regarding the Jiwasraya case before.

Limited Liability

This chapter analyses rules that remove limited liability for shareholders and directors as well as for companies. While separate legal personality is immovably robust, limited liability is a more nuanced concept. It is worth stressing from the outset that the Companies Act permits veil piercing, if at all, then only in extremely rare cases. These are now referred to as evasion cases. But the courts have used the common law and legislation to identify instances in which shareholders or directors as well as the companies they control share liability. Abuses of the corporate form are addressed through the modification of the limited liability principle rather than through a rule removing the separate legal personality of the company on an ad hoc basis.

The Role of Principles of Law in Legal Interpretation

Complicating and improving legal relations naturally require improvements in the process of legal interpretation. Some theoretical provisions need further specification and development, taking into account the latest changes in law and legislation. Interpretation helps to eliminate contradictions, conflicts, and gaps in the law, so one should recognize it as the important and relevant task of legal science at the present stage. The article aims to study legal principles, outline their role in the process of legal interpretation, and clarify their relationship with the principles of legal interpretation.

DIE MOONTLIKHEID VAN VERPLIGTE MIV-TOETSING VIR SEKSWERKERS IN SUID-AFRIKA NA DEKRIMINALISERING

At present, the possibility of the decriminalization of the sex trade enjoys serious consideration by the South African Law Commission. With the spread of HIV still a big concern in South Africa, this article investigates the constitutionality of compelling sex workers to undergo HIV-testing, should the sex trade be decriminalized. This is done by examining existing South African case law and legislation in the field of compulsory HIV-testing. The South African position is followed by a comparative study with Nevada (USA) and Victoria (Australia) where sex work has been practised as a legal occupation for several years. Authors are of the opinion that the legislationof both these countries set a good example for South Africa in combating the spread of HIV through the sex industry, once decriminalized.

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence, and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries.

Problems of legal science in the context of modern state-building processes in Ukraine: Challenges and tasks

The article examines the problems of legal science in the context of modern state-building processes in Ukraine through the prism of constitutional reform and ensuring the constitutional order. It is emphasised that one of the main causes of the socio-political crisis, economic unrest and social regress is imperfect legislation, which often does not meet the needs of Ukrainian society, European principles and international standards. On the other hand, it is obvious and historically confirmed that the adoption of a new Constitution or amendments to the current and improvement of legislation does not in itself mean a real law and order. For more than a quarter of a century, Ukraine has remained in a state of transition. It is noted that the assessment of the impact of constitutional legislation, which determines almost all reforms in the state, revealed the following priorities: the creation of favourable conditions for the formation of a new constitutional (state and social) system; determining the conditions for the formation of a new system of economic relations; consolidation of new principles of organisation and functioning of state and socio-political life; actual implementation of the provisions of the Basic Law; further constitutionalisation of all elements of the legal system; recognition of the authority of international law. Regarding the latter, it is stated that the legal ideas, norms and principles proclaimed in the Constitution of Ukraine, provisions on human and civil rights and freedoms must meet international standards, because by becoming a member of the Council of Europe, Ukraine has committed itself to implement European human rights standards, the supremacy of law and democracy. It is the amendments to the Constitution of Ukraine that should provide the foundation for democratic change and the construction of a European democracy that will allow building in Ukraine an independent European state, where every Ukrainian will feel dignified and protected. It was concluded that modern jurisprudence is characterised by a number of scientific methodological approaches, which allows a comprehensive approach to the study of law and legislation in different dimensions. This is objectively due to the constant complication of social relations, including international ones, and requires a deeper understanding of the content of this category and the prospects for its further development. This process will be effective only if it is carried out taking into account the specifics of law and, accordingly, the principles of its knowledge. There is also no doubt that only methodologically sound research of law will allow forming a holistic internally consistent theory of law, which can be applied in the theory of state and law, other areas of law, as well as in the course of state and legal development, including in Ukraine