EFEKTIVITAS PENANGGULANGAN PEMBAJAKAN KARYA CIPTA DALAM PERSPEKTIF SISTEM HUKUM

This study aims to determine the effectiveness of countermeasures against copyright piracy from a legal system perspective. The research method used is a normative juridical approach, starting from secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique was carried out through document study and qualitative normative data analysis. The legal structure is related to Law no. 28/2014 concerning Copyright still has obstacles related to the consistency of law enforcers (especially investigators, especially Civil Servant Investigators) who have carried out their functions but have not been effective due to internal and external constraints. In terms of legal substance, the Copyright Law has a normative weakness, namely adhering to a complaint offense against copyright crimes which causes law enforcement to take longer. Meanwhile, in terms of legal culture, the public has not fully respected the creations of other parties, as evidenced by the increasing number of piracy of copyright works and a way of thinking that considers intellectual property including copyright to only have a social function, even though it is also an individual right that has economic value. Therefore, the application of the legal system according to Friedman on the effectiveness of counter piracy of copyright works has not been effective.

Zmiany organizacyjno-prawne przedsiębiorstwa państwowego w okresie Polskiej Rzeczypospolitej Ludowej

In Poland, during the People’s Republic of Poland, the policy of central management of the economy was based on the principles of unity of state power and unity of state property. They constituted the foundation of the state sector and the state economic activity. State-owned enterprises, strongly subordinated to public administration bodies, were the leading form of economic activity. The authoritarian state controlled not only the process of enterprise creation, liquidation and supervision, but also the enterprises’ operational activities. Strong state supervision and lack of responsibility for financial results were the main reasons for their low profitability, which in turn brought about attempts to reform the legal structure of the state-owned enterprises. The aim of the article is to show the legal and organizational changes in state-owned enterprises that are to produce an increase in economic efficiency. Based on the historical-legal method and the grammatical interpretation of the law, it was shown that the reforms undertaken in the field of the organization of state-owned enterprises were not effective.

DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money

American constitutionalism and the mid-19th-century nation

The authors of the article have studied the causes of the American Civil War with due regard to the history of constitutional law. This research is based on several political, economic, legal and cultural factors. The authors used the method of analyzing historical documents. After analyzing judicial precedents and global historical trends, they have concluded that America's constitutional institutes lost their effectiveness and became a weapon in the hands of struggling parties during the constitutional crisis. As a result, the compromise system of the early nineteenth century became a new state and legal structure.

EFEKTIVITAS PELAKSANAAN FUNGSI BADAN PEMBENTUKAN PERATURAN DAERAH DI KABUPATEN PANGKAJENE DAN KEPULAUAN

Penelitian ini menggunakan penelitian empiris dengan mendiskripsikan pelaksanaan fungsi badan pembentukan peraturan daerah dalam praktik yang dihubungkan dengan peraturan perundang-undangan yang terkait dengan pembentukan peraturan daerah. Data penelitian yang digunakan adalah data primer melalui hasil wawancara dan data sekunder melalui pengumpulan artikel yang relevan dengan tata cara pelaksanaan fungsifungsi badan pembentukan peraturan daerah. Selanjutnya, analisis data menggunakan analisis data kualitatif dengan memaparkan secara faktual pelaksanaan fungsi badan pembentukan peraturan daerah dalam hubungannya dengan regulasi pembentukan peraturan daerah. Hasil penelitian ini menunjukkan bahwa pelaksanaan fungsi badan pembentukan Peraturan Daerah belum efektif karena dalam proses pengajuan usulan Peraturan Daerah tidak cermat dalam mewujudkan perintah perundang-undangan yang lebih tinggi dan pada tahapan seleksi Usulan Peraturan Daerah tidak memperhatikan skala prioritas yang didasarkan pada Rencana Kerja Pemerintah Daerah. Tidak berjalannya secara efektif pelaksanaan fungsi Badan Pembentukan Peraturan Daerah di Kabupaten Pangkajene dan Kepulauan disebabkan oleh faktor substansi hukum, struktur hukum, sarana atau fasilitas dan kultur hukum. This study uses empirical research by describing the implementation of the functions of regional regulatory bodies in practice associated with statutory regulations related to the formation of regional regulations. The research data used is primary data through interviews and secondary data through the collection of articles relevant to the procedures for implementing the functions of regional regulatory bodies. Furthermore, data analysis uses qualitative data analysis by describing in fact the implementation of the function of the regional regulation formation body in relation to regulations on the formation of regional regulations. The results of this study indicate that the implementation of the function of the regional regulation formation agency has not been effective because in the process of submitting a proposal for a regional regulation, it is not careful in realizing a higher level statutory order and in the selection stage the proposed regional regulation does not consider the priority scale based on the Regional Government Work Plan. The ineffective implementation of the functions of the Regional Regulation Formation Bodies in Pangkajene and Islands Regencies is caused by factors of legal substance, legal structure, facilities and legal culture

LEGAL FRAMEWORK OF ARREST AND POST-ARREST SAFEGUARDS: A COMPARATIVE ANALYSIS AS TO THE LAWS OF BANGLADESH, INDIA, AND THE UNITED KINGDOM

The rights of arrested persons during arrests and after arrests are significantly important because the act of arrest restricts persons’ rights to liberty that are protected by the laws of all countries including Bangladesh, India, and the United Kingdom (UK). These restrictions have raised several concerns over the years. While compliance with the laws on arrest is mandatory, the actual implementation of these laws is still questionable. There are obvious gaps between the provisions of the existing laws and the actual practice. Past research also suggests that the legal structure of arrest and post-arrest in Bangladesh should be revised in comparison with the criminal justice systems of other developed countries where rights of those arrested are safeguarded. However, past research has not compared other jurisdictions, and neither is there any research conducted on best practices of other jurisdictions. As such, this article analyses the various aspects of arrest and post-arrest safeguards that exist in all the three jurisdictions, and identifies good practices to safeguard the arrested person more effectively. The objective of identifying good practices from India and the UK is to use them as a paradigm for the criminal justice system of Bangladesh. This is done through the application of a qualitative research methodology using content analysis as the approach to analyse primary and secondary sources. The comparison includes discussion on the right to know the reason of arrest, right to be brought to court, right to be free from torture, right against self-incrimination, right to be medically examined and the remedial aspect of ‘habeas corpus’. These rights that are significantly related to the rights to life and liberty, fair trial and to be presumed innocent until proven guilty. The findings show that the UK’s legal framework is far better than the ones in India and Bangladesh. It is suggested that the protection provisions enshrined in the existing criminal justice system and the current legal structure should play an important role through specific court rulings. Further, it is asserted that the police department should take accountability by incorporating the necessary changes into the existing legal structure to ensure justice prevails. The paper ends with a recommendation that monetary compensation, and a physical exemplary punishment should be imposed to ensure the safeguards of individual, both at the time of arrest and post-arrest are upheld.

Correction and resocialization of convicts and related concepts

Correction and resocialization of convicts today is a stable legal structure that has been repeatedly used in legal acts and leading research. Meanwhile, historically, “correction” has been used in domestic law alongside “re-education”. “Rehabilitation” and “reintegration” are familiar to international law. The mixing and unsystematic application of the above and a number of other legal terms is not uncommon, which encourages a more detailed study of their essence and relationship between them. The article is devoted to the research of the terms “correction”, “education”, “resocialization”, “social adaptation”, “social rehabilitation” and “reintegration”. The authors set out to focus on a generalized study of: 1) the historical context, 2) the period of existence of legal relations, defined by the relevant term, 3) the essence and content, 4) features of regulation and based on analysis of the provisions of current legislation and views in the scientific literature to outline the boundaries of each of the above terms and indicate the features of their relationship. To conduct the widest possible analysis, the authors used the current legislation of Ukraine, domestic and foreign scientific literature, dictionaries, draft laws, provisions of ECtHR decisions, and documents prepared by the UN Office on Drugs and Crime. The analysis was conducted taking into account not only the criminal-executive understanding of the above concepts, but also their philosophical, social, political, medical and so on. According to the results of the research, a generalized understanding of each of these terms was formed and compared with each other. The authors came to the conclusion that the current legislation needs to be modernized and brought in line with international regulations, where instead of “correction” and “resocialization” of convicts use the terms “social rehabilitation” and “reintegration”.

Civil-legal terms in contractual system

Objective: to develop the “term” concept in the contract system legislation and to identify the features of terms calculation, taking into account the wording of the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” of 02.07.2021.Methods: general scientific and specific scientific research methods are used in the work.Results: the legislation on the contract system does not register the “term” concept, but establishes it in all procedures and for all participants of the contract system. Terms violation entails administrative liability for both legal entities and officials. The entire logistics of procurement activities is connected with terms. As a result of the study, the following features related to terms in the contract system were identified: a) the terms calculation in the contract system in the field of procurement of goods, works, and services for state and municipal needs must be carried out in accordance with Chapter 11 of the Civil Code of the Russian Federation; b) Monday to Friday, except for federal official holidays, as well as other non-working days established by the authorities of the Russian Federation, should be considered working days; c) taking into account the high administrative responsibility for these offenses, if possible, to add to the established minimum and to subtract from the maximum period at least one day for unforeseen technical failures, in addition to the calculated period; d) in the legal structure “from the day following the day”, when establishing the maximum preventive terms in the law, to calculate the terms from the day of the event, the minimum preventive terms – from the day following the specified event; e) in some cases, as, for example, when concluding a contract, the customer should not only comply with all the terms of the formula “not more”, but also plan so that at the last stage there is no contradiction between “not more” and “not less”; f) the calculation of the terms provided by Law for the placement of electronic documents and information in the UIS starts from the moment they are placed in the UIS. Individual documents are placed in the UIS through the Treasury, the territorial body of which has the right to form notifications about the passage of control of these objects of control during the next working day. At that, the placement of control objects in the UIS will be carried out on the next working day from the date of their referral for control to the appropriate Treasury body.Scientific novelty: the article for the first time examines the norms and rules for calculating the terms stipulated in the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” as amended on 02.07.2021, and analyzes regulatory legal acts in the field of procurement that come into force on January 1, 2022.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the calculation of terms in the field of procurement.

Administrative regulations as a type of public administration acts

The article examines a relatively new type of public administration acts for the Russian legal system - administrative regulations. Despite the widespread use of this type of act, its legal nature, features of the legal structure, and classification remain insufficiently studied, which determines the relevance of this study. The purpose of the study is to identify the specific characteristics of administrative regulations, allowing to classify them as a special tool for realisation of various public administration forms. Achieving this goal suggests analysis of regulatory legal acts, both Russian and foreign, as well as certain approaches to legal doctrine to determine the essence of administrative regulations, various public administration forms, and acts of public administration. Based on the analysis of theoretical and empirical data, the authors offer their definitions of acts of public administration, administrative regulations, and tools for realisation of public administration forms. In the process of research, the authors used a formal legal method that allows characterising the legal nature of administrative regulations, their role, and place in the system of acts of public administration, a comparative legal method to identify the general and the special when comparing domestic and foreign experience and general logical methods (analysis, synthesis, analogy).

Orthodox Church Law in the Legal System of Russia: Historical and Legal Aspect

The relationship between the church and the secular law is one of the most complicated matters of law theory. The present research featured the law of the Russian Church and its structure with its internal and external church law. The article introduces the opinions of pre-revolutionary and contemporary authors, as well as a historical analysis of the main normative acts of the Russian Church that regulate its internal structure. The church law was defined as a special legal system, similar to public law. Historically speaking, the core of the Russian church law remained unaffected by the genesis of the state and legal structure, the changes in the system of church authorities, and the development of state-confessional relations. The central core of the church law still maintains the form of the rules of the apostles, the Ecumenical and Local Councils, and Holy Fathers.