The right to education between the content of the right and the obligations of the state-Algeria case study-

The right to education at the international and domestic levels has become the interest of several parties who are responsible and obliged to achieve and respect this right, by recruiting all relevant parties and the means available for this. Like other countries, Algeria has recognized this right since the date of independence and is enshrined in all successive constitutions. Where the constitutional founder recognizes the principle of free education, the principle of compulsory basic education, and the state is responsible for regulating the educational system and ensuring equal access to education, but these constitutional principles can only be effective if supported by the legal provisions governing and specifying the applicable provisions in order to achieve the exercise of this right, which has long been considered a fundamental requirement at the international and domestic level. Through this presentation, we have tried to ask how the legal text of the right to education is addressed and whether it was sufficient to meet the basic demands of the educational system in the light of globalization, technological development and digitization. In this context, it was necessary to address the various legal texts and various conventions that addressed the dedication and strengthening of the right to education at the international level and its results at the internal level, which is what we will address through this intervention, by addressing the analysis of the various Algerian legal texts related to the subject through the division of work into two main axes. The descriptive and analytical approaches have been relied upon to reach different results and solutions for improving the curriculum and the educational system in general.

TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

Importation and distribution of unregistered medicines in the public sector: similarities, differences and shared challenges among Southern African Development Community (SADC) countries

BackgroundThe purpose of the study was to assess the requirements for approval of the importation of unregistered medicines for use in the public sector in the Southern African Development Community (SADC) countries.MethodsThe study reviewed the legal provisions and requirements to be fulfilled when importing unregistered medicines for the public sector in SADC countries relative to two comparators drawn from countries with stringent regulatory systems through extant document analysis. The relative implementation index score was calculated and used to measure the level of implementing legal provisions and requirements to be fulfilled. Analysis was performed using the STATA software package. ResultsApproximately 13 out of 16 SADC countries had a relative implementation index below 50%. The aggregated implementation index across all SADC countries was 44%, ranging from 4% to 54%, while the two comparators had a relative implementation index of 81% and 85%, respectively.ConclusionImplementing the minimum requirements for importing unregistered medicines for the public sector was deficient compared to the jurisdictions with stringent regulatory systems, and wide implementation gaps also existed within the SADC region.

Access to constitutional complaint procedures: A real chance?

In a recent decision, the European Court of Human Rights concluded that the constitutional complaint before the Hungarian Constitutional Court can be seen as an effective domestic remedy. This decision shows the growing role of constitutional complaint procedures even in the international system of human rights protection; therefore, it is worth examining how national laws ensure efficient access to such procedures. The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – particularly constitutional complaints procedures – in Germany, Austria and Hungary. As a general staring point, it is intended to derive the need for legal aid from the national constitutions, followed by an analysis on the availability of legal aid schemes for constitutional complaint procedures and their conditions. The examination is based on the national legal provisions and case-law, as well as the relevant secondary literature. This comparative study can enable some conclusions to be drawn on the question of how constitutional complaints can become more efficient tools in the protection of fundamental rights for those in need, as well.

THE RIGHT OF AN ACCUSED TO DEFENCE UNDER THE CRIMINAL JUSTICE SYSTEM IN MALAYSIA

Background and Purpose: Under the criminal justice system, the burden lies on the prosecution to prove the guilt of the accused. It is worth noting that a criminal trial is not one-sided; it also allows the accused to raise his defence to prove his innocence. The research aims to analyse the right of the accused to raise a defence and when the defence should be raised in a criminal trial process in Malaysia. Methodology: This research adopts a legal research approach involving a detailed analysis of the relevant legal provisions, case law and scholarly writing related to this area. Findings: The research found that the Criminal Procedure Code (CPC) (Act 593) is silent as to when the defence should be raised. That being said, with reference to the Supreme Court’s case of Lin Lian Chen v. Public Prosecutor [1992] 1 CLJ 285 (Rep), the accused should introduce his defence at the earliest stage as possible. Failing this may give rise to the presumption that the defence raised was a mere invention. Although the principle has been regarded as a law in raising defence, there are still cases where the accused did not present the defence at an earlier stage. Contributions: This research contributes to the corpus of legal knowledge of criminal defence, particularly on raising criminal defence in a criminal trial with the aim of providing better protection for the accused in the criminal justice system. Keywords: Criminal justice system, criminally liable, defence, right of the accused, & criminal trial. Cite as: Mohammed Na’aim, M. S., Rajamanickam, R., & Nordin, R. (2022). The right of an accused to defence under the criminal justice system in Malaysia. Journal of Nusantara Studies, 7(1), 43-58. http://dx.doi.org/10.24200/jonus.vol7iss1pp43-58

rights to enjoy benefit from social insurance of the femalelabor

Social insurance is the mainstay of the social security policy associated with employee. The right to have social insurance is the basic and specific right associated with female worker. This group right includes the right to enjoy the sickness benefit, maternity benefit, Work Injury and Occupational Disease Benefit, Old-age Benefit, Survivor’s Benefit, Medical Benefit (Health Insurance). The state has promulgated the Labor Code, the Law on Social Insurance and other legal documents to create an implementation guide in oder to build an effective legal corridor to protect the rights of female employee tin enjoying social insurance. However in reality, the right to enjoy social insurance of female employee is violated, and there is a gap between legal provisions and practical applications. This scientific paper evaluates the current status of legal provisions on the right to enjoy social insurance of female employees and the practical application of the law. From there, this paper proposes some solutions to improve the law on the right to enjoy social insurance of female employees.

The phenomenon of NFT (non-fungible tokens) as an accounting entity

The emergence of the digital economy and increased activity in cyberspace have led to the creation of new technologies and digital products such, as non-fungible tokens (NFT). The article presents the arguments that justify the need to study NFT as an object of legal relations and an object of accounting. A brief description of these items has been given; their types and market of circulation have been studied, and, also the current legal provisions, Russian accounting standards and international financial reporting standards have been analysed. To define NFT as an accounting object, the types of accounting objects enshrined in Federal Law No. 402-FZ “On Accounting” have been considered and the criteria for their attribution in relation to NFT have been analysed. The legal and accounting problems associated with the emergence of a new object have been highlighted and the ways for further research in the field of creating an accounting methodology for NFT as a specific and highly promising digital product have been defined.

‘Others Will Even Call us Terminators’: Barriers and Facilitators to Provision of Comprehensive Abortion Care (Cac) in Zambia – A Qualitative Study

Background:It is estimated that one in every five pregnancies globally ends up as abortion, with about 40% being unsafe. Abortions account for approximately 5.9% of all maternal mortalities and 50% of gynaecological admissions in Zambia. Despite implementing Comprehensive Abortion Care (CAC), which aims to provide high quality, safe and affordable services to women, unsafe abortions rates remain high. In this study, we explored the barriers and facilitators to CAC provision in selected health facilities of Lusaka and Copperbelt provinces in Zambia.Materials and methods: A qualitative case study using in-depth interviews with health care providers was conducted between July – August, 2021 in nine selected public health facilities of Zambia. A total of 17 interviews were conducted with participants purposively sampled. The interviews were digitally recorded and transcribed verbatim. Data analysis was done using content analysis. Results: The study revealed a number of barriers and facilitators most of which are health system related. The health system related barriers included inadequate CAC providers, healthcare provider perception that provision of CAC was optional, lack of CAC dedicated space and privacy, frequent shortages of medical supplies and lack of incentives, while individual related barriers included stigma surrounding CAC provision, religious and moral dilemmas. Facilitators to CAC provision included having providers trained and mentored in CAC, availability of a liberal legal framework, accessible services, task shifting and external financial support. Conclusions: The findings of this study on the several barriers of CAC reinforces the idea that despite having appropriate legal provisions to CAC provision in Zambia, challenges in the implementation of the law and related service provision continue to persist. The identified barrriers suggests to consider incorporating CAC services into the pre-service training to ensure more trained and skilled providers are available in the public facilities.

Introduction to Qiyas and Maslahah Mursalah and Its Application In The Future

<p><em>This paper discusses qiyas and maslahah mursalah. The goal is to make it easier for us to establish a</em><em> </em><em>law. The data collection method that the writer uses is a literature study in the form of searching for books related to qiyas and maslahah mursalah. Qiyas In language (Arabic)</em><em> </em><em>means measuring,</em><em> </em><em>knowing the size of something, comparing,</em><em> </em><em>or equating something with another. For example</em><em> </em><em> قمت اللوب بالنراع</em><em> </em><em>which means "I measure clothes in cubits." According to Ushul</em><em> </em><em>Fiqh terminology, as stated by Wahbah al-Zuhaili, qiyas is connecting or equating the Law of something with no legal provisions with legal provisions there is Illat similarity between the two. The meaning of Maslahah in Arabic means</em><em> </em><em>"actions</em><em> </em><em>that encourage human goodness." This article uses the induction and deduction methods and the descriptive analysis approach by conducting a literature study.</em><em> </em><em>The</em><em> </em><em>result shows that</em><em> </em><em>Allah decreed all the laws to his servants in orders/prohibitions containing</em><em> </em><em>Maslahah and benefits. The specialty of this paper is that it is written in detail based on arguments so that it is easy to understand. Qiyas and maslahah mursalah are very important for us to understand more deeply to determine an appropriate law. Maslahan</em><em> </em><em>Mursalah is an extension of</em><em> </em><em>qiyas if there are no more arguments that can support qiyas.</em></p><p>Artikel ini membahas tentang qiyas dan maslahah mursalah. Tujuannya untuk memudahkan dalam membuat undang-undang. Metode pengumpulan data yang digunakan adalah studi kepustakaan berupa pencarian kitab-kitab yang berhubungan dengan qiyas dan maslahah mursalah. Qiyas dalam bahasa (Arab) berarti mengukur, mengetahui ukuran sesuatu, membandingkan, atau menyamakan sesuatu dengan yang lain. Misalnya اللوب بالنراع yang artinya "Aku mengukur pakaian dalam hasta". Menurut istilah Ushulfiqh, sebagaimana dikemukakan oleh Wahbah al-Zuhaili, qiyas adalah menghubungkan atau menyamakan hukum sesuatu yang tidak ada ketentuan hukumnya dengan ketentuan hukumnya terdapat kesamaan illat antara keduanya. Arti Maslahah dalam bahasa Arab berarti “perbuatan -perbuatan yang mendorong kebaikan manusia”. Artikel ini menggunakan metode induksi dan deduksi serta pendekatan analisis deskriptif dengan melakukan studi kepustakaan. Hasil penelitian ini menunjukkan bahwa Allah menetapkan segala hukum kepada hamba-hamba-Nya dalam perintah/larangan yang mengandung maslahah dan kemaslahatan. Keistimewaan makalah ini adalah penulisannya secara detail berdasarkan argumentasi sehingga mudah dipahami. Qiyas dan Maslahah Mursalah sangat penting untuk dipahami lebih dalam untuk menentukan hukum yang tepat. Maslahan Mursalah merupakan perpanjangan dari qiyas jika tidak ada lagi dalil yang dapat mendukung qiyas.</p><p><em><br /></em></p>

The Standings of Tax Receivables in Bankruptcy Cases : A Study on Managing and Settling Assets

The state's privilege right to tax receivables in bankruptcy cases is regulated differently under various laws and court decisions in Indonesia. In general, tax receivables in bankruptcy have privilege position over other creditors, including secured creditors such as banks, mortgage holders, fiduciary guarantees and finance companies, preferential creditors and concurrent creditors. The creditor’s tax debt to the state should be paid first before any payment to other creditors. However, the Director General of Tax under the Ministry of Finance of the Republic of Indonesia often faces problems in claiming the payment as the Ministry claims for the payment are always rejected by the Court. Each of the existing legal rules and decisions provides different answers to this problem, resulting in legal uncertainties. This research is conducted using the normative juridical approach and supported by the empirical analysis. The data collection is conducted by document studies and supported by court decisions. This research aims to inquire and analyse the position of tax receivables in the distribution of bankruptcy estate of debtors among other creditors, the role of the curators, both state and private curators, in the bankruptcy estate distribution in order to find a legal solution to the aforementioned issue according to the normative legal provisions that apply.