Search

The philosophy of law is a branch of science that combines philosophy and law. Philosophy uses rational reason as its concept and system, and law uses evidence as its tool and concept. Throughout its history, philosophy has come up with various methods and concepts in presenting new scientific discoveries that are beneficial to humans. Philosophical schools are a method as well as a medium for philosophy to display its development from time to time. By combining an inquisitive mentality and a critical rational mind, philosophy is a complex branch of science. Starting from the habits of human life, and the secrets of the universe to the relationship between God, humans, and nature. Because of its completeness in presenting new knowledge and knowledge, philosophy and its schools cannot be separated from one another to witness the history of the development of philosophy itself. The philosophy of law, that is, philosophy and law have much in common. One of the similarities between the two is that they both use rational reason and concrete evidence as their media so famous philosophers juxtapose the two to declare the existence of each so that it is more complete and acceptable to the next human being. [ABSTRACT FROM AUTHOR]

This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

Introduction: Contracts form the backbone of business dealings, establishing the foundations and binding all collaborative endeavors between parties involved. In the Indonesian context, the use of the national language in contractual agreements has been explicitly governed by laws and regulations, specifically Law Number 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem. Purposes of the Research: This study aims to scrutinize and analyze the regulatory framework surrounding the use of the Indonesian language in contract drafting, as mandated by the positive laws of Indonesia. Additionally, it seeks to elucidate the legal ramifications that may arise from non-compliance with these provisions. Furthermore, the research endeavors to provide legal clarity and offer recommendations pertaining to this issue. Methods of the Research: This research adopts a normative legal approach, employing both statutory and conceptual frameworks. The legal materials utilized encompass primary, secondary, and tertiary sources. The collection of legal materials is facilitated through library research, while the analysis of these materials is conducted qualitatively, employing content analysis and legal interpretation techniques. Results of the Research: The findings of this research present a comprehensive analysis of the regulations governing the use of the Indonesian language in contract drafting, shedding light on the legal implications of non-compliance with these provisions. Furthermore, the research offers recommendations and suggestions tailored for government agencies, business entities, and legal practitioners, guiding them in implementing the use of the Indonesian language in contracts in accordance with the applicable legal framework.

The article is devoted to the large-scale L. I. Petrazyski’s theory of law, which is filled with new ideas that introduced into methodology, psychology and philosophy of law. The article is targeted to explore the mental structure of consciousness developed by Petrazyski, which is adaptable to a wide range of legal norms and subjective standards for assessing the content of legal experience. Methodology and methods. The dialectical method of discussion was used, supplemented by the deductive method and the method of critical analysis. Results. According to Petrazyski, law itself contains a dichotomy of individual imperative and external instructions for fulfilling duties. Understanding of internal imperative is formed in the mind under the influence of legal experience gained in everyday life. On this basis, an intuitive right is formed that determines a person’s attitude to social activities and personal behavior. The idea of ​​intuitive law runs through all of Petrazycki’s works, which gives him the opportunity to build the concept of a historically inextricable connection between morality and law, resulting in the correct formation of legal norms, changes in social life, and movement towards the common good and justice. It is concluded that Petrazyski’s main contribution to the theory and philosophy of law lies in his firm belief in the unity of law, morality and psychology, as a distinctive characteristic of intuitive law from positive law. Practical implication. The results of the work can be used for further research into Petrazyski’s philosophical and legal ideas of law.

Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the public with the moral framework necessary for evaluating past injustices on an objective basis. To remedy this problem, this essay suggests that historians and other scholars and activists who are interested in civic engagement and social justice should look to the classical and common law traditions; the answer to the theoretical need for a solution to problems within presentist activism has, in other words, been the law. Doing so would provide a more universal and shared conception of past injustices and help increase a polity's moral consciousness. Practically, this strategy can be implemented through a classical or liberal education, with the additional help of state legislatures. In all, this essay argues that history on its own is insufficient for moral education, that the best moral education is offered through the classical model, and that, as a practical matter, it is necessary for a legislative solution to mandate that education, if it will ever be possible to find an objective basis for civic engagement and social justice. [ABSTRACT FROM AUTHOR]

Bullying is a significant problem that can occur in various environments, including among students. This study aims to conduct an in-depth exploration of how positive law regulates and deals with bullying crimes in the campus environment of Universitas Faletehan. The findings show that victims of bullying at the university often experience negative impacts such as stress, anxiety, and depression. The results from the study highlight the specific challenges faced by campus security or relevant authorities in enforcing the law against bullying cases, which directly affect the implementation of justice. In addition, the findings highlight the need for a more sensitive and responsive approach to the psychological needs of victims, as well as increased knowledge and support for mental health in the university environment. These findings emphasize the need to develop more comprehensive and proactive policies in addressing bullying, including more effective reporting mechanisms, collaboration with online platforms to remove harmful content, and better victim support programs. [ABSTRACT FROM AUTHOR]

This research examines the legal protection of doctors in the context of healthcare services at the Sultan Agung Islamic Hospital in Semarang, especially in situations where patients refuse emergency medical procedures recommended by doctors, which could potentially result in death. Through an empirical juridical approach, this study analyzes the applicable legal framework, hospital readiness, and factors influencing the provision of legal protection to doctors. The research findings indicate that Indonesian positive law provides a strong foundation for the legal protection of doctors, while the Sultan Agung Islamic Hospital in Semarang has demonstrated its readiness through well-established standard procedures and effective communicative approaches. However, there are still inhibiting factors such as a lack of legal awareness among medical staff and issues with medical record documentation. Therefore, this research is expected to contribute to a more comprehensive understanding of the dynamics of legal protection for doctors in the practice of healthcare services. [ABSTRACT FROM AUTHOR]

Copyright of Tabayyun is the property of Arab Center for Research & Policy Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is devoted to the philosophical-legal dimension of the socio-legal ideal in the context of the influence on this process of personal values and ideals, which are the basis for the criteria for measuring and perceiving socio-cultural and state-legal ideals. It is emphasized that the socio-legal ideal is not stable and universally accepted, even within one, specific legal system, because it is natural for social groups to unite on the basis of many factors, in particular, on the common understanding and recognition of a certain system that forms the socio-legal ideal. It was found that the social and legal ideal is formed on the basis of a person's perception of society through value attitudes and orientations formed during life. Within the limits of a specific society, such an ideal is a vector for the development of a state-legal society based on universal human values, as well as a basis for the development of the state in the international legal space according to the norms of natural law embodied in positive law. It is emphasized that with the development of civilization, the social ideal also changes, because humanity strives to improve its existence within the limits of the state-legal space. The norms of natural law, which are the basis not only of the world structure, but also of the ideal coexistence of mankind, remain unchanged. Through his value attitudes and orientations, a person expresses his attitude to the surrounding world, to the prevailing system and order. It is important that from an early period of socialization, universal human values are instilled in the child, on the basis of which his worldview and social ideals will be formed in the future. The future generation of citizens is educated on the social and legal ideal that prevails today in a specific state society, and not only our present, but also the state and legal development of our descendants will depend on what idea we put into this phenomenon. The attention is focused on the fact that in the modern world the issue of global social and legal ideals, which influence the consciousness and perception of local groups of the general foundations of the formation and development of the state-legal society, is being actualized. [ABSTRACT FROM AUTHOR]

This Article begins with the introduction of two competing schools in private law. One school claims that private law is to achieve efficient resource allocation or wealth maximization. The other school follows the bipolar structure of corrective justice with the assistance of the Kantian theory. While each side is very strong and elegant, neither is able to claim the totality of private law. Naturally, scholarship reconciling the two schools is urgently needed. Although there is a thin body of literature, trying to reconcile the two competing schools, the outcome has been far from satisfactory. This Article tries to fill an important gap in the literature by developing the communitarian version of Kantian right while taking into consideration the efficient resource allocation within the bipolar structure of corrective justice. After articulating such a theory, this Article has made an effort in analyzing empirical evidence from United States judicial practice to test whether the communitarian version of Kantian right can be supported. The Article then examines the failure of judicial analyses when the utilization of the communitarian version of Kantian right ignores the bipolar structure of corrective justice and keeps an inappropriate balance on the interaction of the relationship between private parties in private law and the relationship between the government and individuals under public law [ABSTRACT FROM AUTHOR]

Health regulations in guaranteeing legal protection for patients regarding misdiagnosis in online health service platforms based on positive law in Indonesia. Protection is contained in the provisions in Article 3 paragraph (2) and paragraph (4), as well as Article 7 of Medical Council Regulation Number 47 of 2020. Prohibitions For doctors who practice medicine via telemedicine, it is regulated in Article 9 of the Medical Council Regulation Number 47 of 2020, which is confirmed by Article 2 of the Minister of Health Regulation Number 20 of 2019. In addition, for Health Facilities providing and requesting consultations, they must register and submit it to the Minister of Health. through the Directorate General of Health Services. Resolving legal disputes between patients and online health service providers if a misdiagnosis occurs can submit a complaint to the Indonesian Medical Discipline Honorary Council in accordance with the provisions of Article 66 of the Medical Practice Law. Resolving legal disputes between patients and online health service providers can settlement through court or outside court. [ABSTRACT FROM AUTHOR]

This research aims to explore the basics of the idea of abolishing criminal justice in Indonesia and possible alternative solutions to problems that arise in prisons, especially from a theoretical perspective and comparison with Islamic law and customary law. The legal research method in this research is normative (doctrinal), research activities carried out include inventorying, explaining, interpreting and systematizing and broadcasting all Islamic law and customary law, which are related to the idea of abolishing prison sentences. The results of the research show that imprisonment is not recognized in the Islamic view, whereas currently imprisonment is acceptable only as long as the punishment provides a lot of benefits or kindness or benefits to society. Thus, imprisonment is not an absolute in the view of Islamic law. Based on the inventory of customary law as the original unwritten law of the Indonesian nation, no form of imprisonment was found. Therefore, without imprisonment, customary law can be enforced to maintain order and create justice in Indonesian society. From this analysis, especially related to the study of Islamic law and customary law, it is concluded that imprisonment can be considered for abolition if its shortcomings are more dominant than its benefits. Apart from that, the Indonesian Government should provide a forum for the idea of privatizing correctional institutions in the sense that the management of correctional institutions is carried out by private parties on a non-profit basis.

Principles of law are the ideal of law pursued by the legislator in the activity of creating law. They express man's highest aspirations: freedom, equality and justice. The question of the principles of law carries with it a real burden of meaning. It raises great questions, with still unexpected answers (Humă, 2011, p. 103). Principles of law are a subject of maximum resonance in legal thought, but also of maximum resistance to relative contingencies and legal positivism. The renaissance of natural law is at the same time a renaissance of the principles of law housed in human nature (consciousness). The individual conscience, especially the legal conscience, is the 'repository' and 'shield' of the inherent principles in the human being, principles which must assert their presence in any positive law: freedom, responsibility, equality, justice, unity, etc. The principles of law determine the existence of the material legal reality as premises of the positive legal order. The principles of law are strongly present in the legal-action framework: in the processes of elaboration and realisation of the law. The principles of the law contribute to the completion of the incomplete positive law in the analogia iuris process. [ABSTRACT FROM AUTHOR]

The article is dedicated to the study of the interaction of norms and values of social morality and law as normative and regulatory mechanisms since their requirements are understandable for representatives of a particular society. It is shown that social morality and law are entrusted with the performance of a common function – the stabilization of social relations, which they perform by various means. It is noted that in modern times, the relationship between morality and law is represented by two trends: the stability of society can be ensured by 1) legal registration of norms and values of social morality and 2) legal protection of norms and values of social morality. The place and role of social morality in the cultural code of society are revealed. The question of the formation of morality and law in the early modern cultural and historical period is highlighted. It is proved that the formation of the modern theory of positive law and basic ethical theories (particularly, the theory of social morality) goes back to early modern times. Changes in social life in the sphere of science, production, trade, and religion, and the formation of the bourgeoisie as a class influenced the formation of the basic norms and values of social morality in the specified cultural and historical period. It is proved that within the boundaries of early modern everyday life, the formation of a new type of social morality took place. Lexical and terminological searches in the ethical sphere are characteristic of social science research of the specified period, and the formation of the modern concept of “morality” took place. Attention is focused on the fact that the modern understanding of law is derived from its modernist interpretation (law is recognized as a contract, law is the sphere of secular human activity, law is autonomous from morality and religion (the latter are relegated to the sub-legal domain), recognition of the priority of law-making and law-making activity of the state, the state is given special legal personality). The article considers morality and rights through their rationality and artificiality within the mechanistic picture of the world. Considerable attention is paid in the article to the peculiarities of the formation of individualism as a mental trait of a European and its influence on the formation of law and morality in the new era. [ABSTRACT FROM AUTHOR]

While the famous debate between legal scholars H.L.A. Hart and Lon Fuller took place more than a generation ago, the issues involved have not lost their salience. The central question remains--What is the relation of law and morality?-which both Hart and Fuller understood as the relation of"positive law" to an idea of justice known as "natural law." This article offers a fresh perspective on the debate by explaining the implicit political assumptions and philosophical commitments of the two legal scholars, which most critics have ignored. It also attempts to uncover the missing ingredients in the debate by turning to Aristotle's insights about the relation of law to political regimes and Aquinas's analysis of the inherent connections between human law and higher law. These insights are crucial for understanding law's relation to morality, politics, and ultimate reality, and they reveal the limitations of Hart's analytical jurisprudence and Fuller's procedural jurisprudence. I conclude with some contemporary reflections on the relation of positive law to higher law in such areas as human rights advocacy and international law which re-open perennial questions about law and morality. My aim overall is to bring classical ideas into dialogue with modern problems in order to broaden the horizons of legal studies beyond analytical and procedural jurisprudence. [ABSTRACT FROM AUTHOR]

The article focuses on natural law and positive law in legal interpretation. Topics discussed include background on natural law and how it functioned in early American jurisprudence, general role of interpretive canons and why Natural Law Avoidance qualifies as a canon, the relevance of Natural Law Avoidance in the modern era.

This research aims to answer how the death penalty is regulated in the context of Islamic law and positive criminal law in Indonesia by parsing the challenges and implications. This type of research is conducted with a normative approach, namely by analysing the problem through an approach to legal principles and referring to legal norms contained in legislation. The results show that the death penalty in Islam triggers controversy, where the cons argue that the death penalty does not originate from the Qur'an and Al-Hadith, but is a derivative of the history of the prophet and the Arabs; they are also concerned about human intervention in its implementation so that it is considered not truly from God. On the other hand, the pro side argues that the death penalty is God's will without human intervention. Moreover, in positive criminal law, the death penalty is used to protect the fabric of life and is considered legitimate even though every individual has the right to life. Thus, the state is considered to protect its citizens from unlawful acts.

Burke intervened in a very significant way at various moments in the political history of the England of his time. Although being considered by some commentators to be a utilitarian, in fact, it is Burke's fidelity to the principles of natural law that makes all his political interventions coherent. The aim of this paper is to analyze the subordination of positive law to natural law and original justice in Burke's thought, and we will achieve that by perusing his works through different periods of his career. In order to better understand his position, we will call to the conversation John Locke, from whom he departs, and Francisco de Vitoria, with whom he shares the notion of a society-dependent human nature. From the prophetic views of Burke and Tocqueville about the future, and as a kind of conclusion, we will question if the reference to natural law makes sense in present times. [ABSTRACT FROM AUTHOR]

Copyright of Taiwanese Journal of Political Science is the property of NTU Press & National Taiwan University, Department of Political Science and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The profession of a notary has a very important meaning in social life. The notary is a powerful document maker in a legal process that carries out some of the public functions of the state, especially in the field of civil law the profession that performs legal services to the general public who have responsibility with respect to the means of authentic proof such as letters, documents or documents made in writing for various legal acts or other authority based on the wishes and requests of the parties. how the role and functions and the position of the notary in binding on the basis of positive legal glasses should be studied more thoroughly. The method of research is normative jurisprudence with the approach used in this research is the statue approach and the conceptual approach. (conceptual approach). In general, authentic acts relating to civil matters are made by the Notary and used as a means of proof by the parties. The authority of the notary/PPAT in the case of the creation of authentical acts against certain legal acts for the parties who want to do so does not give rise to a responsibility for the act that has been made by notary /PPAT because the role and functions of notaries are clearly only material, formal and material. [ABSTRACT FROM AUTHOR]

Background. In the development of positive law today, especially after the reform in Indonesia, there are several laws that the author considers to have developed, especially in terms of child protection law, in addition to those that have existed previously in the Criminal Code and Criminal Procedure Code both material and formal. Purpose. The blurring of the form of the rule of law caused by the lack of strengthening of the legal system implemented by the Indonesian state is one of the reasons for the many reasons for the need to establish an Indonesian Legal System. Method. The transition to democracy as one of the triggers for changes in the national legal system inevitably demands changes to the national legal system in a better direction in an effort to establish a national legal system that is in accordance with the ideals of the Indonesian state. Results. The development of national legal systems should remain long-term oriented in their application. Thoughts about the development of national law in the future have certainly been thought of from an early age in order to set the direction of national law development. Conclusion. The development of Indonesian national law which is currently strongly influenced by external elements as much as possible to maintain material legal sources from Indonesian laws. The development of national law that emphasizes the spirit of Indonesia and the taste of Indonesia can only be done by consensus from all elements of the nation. [ABSTRACT FROM AUTHOR]

The article is devoted to the philosophical and legal problems of human behavior in the context of axiological aspects of anthropocentrism, which consists in observing human rights and freedoms and ensuring the principle of human dignity. It is emphasized that the dynamic development of society affects the understanding and interpretation of the criterion of “permissibility” in behavior. The worldview and value attitudes and orientations of a person in society are changing, which causes substantial changes in the perception of legal phenomena as phenomena of social reality. It was found that legal behavior is human behavior regulated by legal norms. It can be legal or illegal. Accordingly, the law either supports and encourages such behavior (lawful), or, on the contrary, considers it inadmissible, as it violates the norms of cohabitation (illegal). It is emphasized that many scientists support the approach that lawful behavior does not require effort, but only involves the individual’s refraining from negative actions. It was noted that such detention is not difficult for a person who was formed in a legal environment where those around him were law-abiding citizens, but on the contrary, it is the norm, but there is another type of person, for whom an environment with illegal goals and attitudes was an example. For such people, in order not to fall under the influence of a marginal, and sometimes criminal environment, it is necessary to make maximum efforts, sometimes even associated with danger to life and health. It is noted that in the legal sphere there is a rather dangerous behavior of the so-called “double standards”, when a person in general allegedly observes the rules of coexistence in society, observes the norms of the law and moral prescriptions, but believes that some norms and standards can be violated due to the fact that the damage from their violation is not significant. Attention is focused on the fact that the value of human behavior lies in its implementation in a legitimate direction, through compliance with the norms of law and social morality inherent in a certain society at a specific stage of its development. [ABSTRACT FROM AUTHOR]

This research aims to analyze and document the employment status certainty of seafarers from the perspective of Indonesian positive law. Seafarers are a unique group of workers as they work on ships that sail in international waters, and they are often faced with working conditions different from those onshore workers. The study examines the legal framework governing the employment status of seafarers in Indonesia, with a focus on labor regulations, labor standards, and relevant international conventions. The article also explores various issues that frequently arise in seafarer employment practices, including their rights, terms of employment, wages, social protection, as well as issues related to health and safety protection. The analysis in this research considers the extent to which legal regulations in Indonesia provide employment status certainty for seafarers and how the implementation of these regulations impacts day-to-day seafarer employment practices. Furthermore, the research also evaluates the barriers and challenges faced by seafarers in obtaining their rights and appropriate legal protection. The research findings indicate that from the perspective of Indonesian positive law, the employment status certainty of seafarers still has some gaps and challenges that need to be addressed. This article provides a deeper insight into the legal framework governing seafarer employment in Indonesia and encourages better understanding of the protection of seafarer employment rights and improvements in applicable regulations. [ABSTRACT FROM AUTHOR]

This academic article aims to analyze the employment status certainty of seafarers from the perspective of Indonesian positive law. Seafarers are a unique group of workers as they work on ships that sail in international waters. In this context, the article documents and analyzes the legal framework governing the employment status of seafarers in Indonesia, as well as the common issues that arise in seafarer employment practices. The study examines the legal aspects that influence the employment status of seafarers, such as labor regulations, labor standards, and relevant international conventions. The article also highlights crucial issues, including workers' rights, terms of employment, wages, and social protection for seafarers. In this analysis, it will be considered how far Indonesian legal regulations provide employment status certainty for seafarers and how they are implemented in daily practice. The research also evaluates the challenges faced by seafarers in obtaining their rights and appropriate legal protection. The research findings indicate that the employment status certainty of seafarers under Indonesian positive law still requires attention and improvement. This article contributes to a deeper understanding of the legal framework governing seafarer employment and encourages improvements in regulations and the protection of seafarer employment rights in Indonesia. [ABSTRACT FROM AUTHOR]

Copyright of Prohistoria is the property of Prohistoria Ediciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Recent developments within American politics have witnessed an increase in the use of history to highlight the need for social justice and civic engagement. Yet, on its own, history is an altogether impotent means of doing so, for it fails to provide the public with the moral framework necessary for evaluating past injustices on an objective basis. To remedy this problem, this essay suggests that historians and other scholars and activists who are interested in civic engagement and social justice should look to the classical and common law traditions; the answer to the theoretical need for a solution to problems within presentist activism has, in other words, been the law. Doing so would provide a more universal and shared conception of past injustices and help increase a polity’s moral consciousness. Practically, this strategy can be implemented through a classical or liberal education, with the additional help of state legislatures. In all, this essay argues that history on its own is insufficient for moral education, that the best moral education is offered through the classical model, and that, as a practical matter, it is necessary for a legislative solution to mandate that education, if it will ever be possible to find an objective basis for civic engagement and social justice.

Interfaith marriages still occur in Indonesia. Interfaith marriage is a complex and interesting topic to discuss. There are many things to consider when two people of different religions decide to get married and form a family. This marriage often raises very complex issues where men and women of different faiths want to enter into interfaith marriages in order to obtain the status of a relationship, regardless of whether the relationship is forbidden or permissible in Islamic teachings. The method used is qualitative research with a literature review approach. Based on the results of the study, it can be concluded that interfaith marriage between muslims and members of other religions is not permissible and haram. In the positive law of Law of the Republic of Indonesia Number 1 of 1974 Article 2 paragraph (1) it is explained that marriage is valid if it is carried out according to the laws of each religion. According to the Compilation of Islamic Law, articles 40 and 44 of Chapter VI strictly prohibit interfaith marriages between muslim men and non-muslim women and muslim women with non-muslim men. Meanwhile, MUI fatwa number 4/MUNAS VII/MUI/8/2005 explains that interfaith marriage is haram and invalid. [ Pernikahan beda agama masih terjadi di Indonesia. Pernikahan beda agama merupakan topik yang kompleks dan menarik untuk dibahas. Ada banyak hal yang perlu dipertimbangkan ketika dua orang dari agama yang berbeda memutuskan untuk menikah dan membentuk keluarga. Pernikahan ini seringkali menimbulkan permasalahan yang sangat kompleks dimana laki-laki dan perempuan berbeda keyakinan ingin melangsungkan pernikahan beda agama demi mendapatkan status sebuah hubungan, terlepas dari apakah hubungan tersebut dilarang atau diperbolehkan dalam ajaran Islam. Metode yang digunakan adalah penelitian kualitatif dengan pendekatan literature review. Berdasarkan hasil penelitian dapat disimpulkan bahwa pernikahan beda agama antara umat Islam dengan umat agama lain hukumnya tidak diperbolehkan dan haram. Dalam hukum positif Undang-Undang Republik Indonesia Nomor 1 Tahun 1974 Pasal 2 ayat (1) dijelaskan bahwa pernikahan adalah sah apabila dilakukan menurut hukum masing-masing agama. Menurut Kompilasi Hukum Islam pada pasal 40 dan 44 Bab VI dengan tegas melarang perkawinan antar agama baik laki-laki muslim dengan wanita non-muslim maupun wanita muslim dengan laki-laki non-muslim. Sedangkan dalam fatwa MUI nomor 4/MUNAS VII/MUI/8/2005 menjelaskan bahwa pernikahan beda agama adalah haram dan tidak sah.]

Indonesia is a country with various religions that makes influence factors of pluralism. There are many diverse and recognized religions in Indonesia, so this has led to many different religious marriages being proposed in Indonesia. This article is about to discuss the normative juridical analysis of the South Jakarta District Court decision No. 508/Pdt.P/2022/PN JKT. The cell under review also uses an approach to Islamic law and positive law. The writing of this article uses a library research approach by examining journals, theses and other theses related to interfaith marriage. As for the results of this study, according to Islamic law (Al-Qur’an and Madhzab Ulama) interfaith marriage is permitted on condition that the woman is not a polytheist and is a woman of the Bible. According to Positive Law (KHI Article 40 & Article 44 and Law No. 1 of 1974 concerning Marriage Article 2 paragraph 1) it is explained that interfaith marriage is illegal and cannot be carried out by both Muslim men and non-Muslim women. Then according to the MUI Fatwa Number 4/MUNAS VII/MUI/8/2005 the law is haram with the consideration that interfaith marriages cause more mafsada than benefits

The article provides a new approach to understanding natural human rights. The author reviews the existing concepts of natural law: ancient philosophers, religious figures of the Middle Ages and the New Age, philosophers of the Enlightenment, I. Kant, the views of modern lawyers, reflected in fundamental international documents and national constitutions. It is concluded that the existing concepts are based on assumptions, many of their provisions are outdated and often contradict each other, and the content of the natural human rights themselves is not disclosed. The author is critical of the opinion that natural law is morality or divine law. Instead, it is proposed to build a concept based on the biological characteristics of the human body. To substantiate the new approach, the author applies the method of R. Descartes — denial until the very denial becomes absurd. Thanks to this method, an objective basis was found — «a person exists while he lives», from which further reasoning is conducted. The article provides a logically justified and integral system of natural human rights, which the author calls “human natural freedoms”. These include natural freedoms: life, consumption, labor, worldview, knowledge and selfdefense. The author proves that they are inalienable, absolute, independent in use and permanent. The article also shows how the objectively existing system of natural human freedoms interacts with positive law. The author notes that the role of such a “bundle” is played by the principles of regulation, which include: universality, equality and fairness. In conclusion, a conclusion is made about the theoretical and practical significance of the presented concept.

Purpose. The purpose of the article is to carry out a legal analysis of national and foreign legislation with a further depiction of the need to regulate intellectual property by the norms of both private and public law, in particular constitutional. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Results. As a result of the conducted research, it was established that the humanistic function of freedom of creativity consists in the development and self-realization of the individual, the humanization of society and the preservation of the national identity of peoples, the affirmation of their value. A creative person is among people, and for the sake of public interest and respect for them, he has no right to create works of art that are immoral, destructive or anti-moral in nature. Scientific novelty. For the first time, the systematization and generalization of the comparative-legal constitutional consolidation of the concept of «intellectual property» was carried out. Practical significance. Understanding the concept of intellectual property as an institution of civil law is not something frozen, defined. What is considered fair today, that is, determined by this institution, may be rejected tomorrow. In the norms of civil legislation, the implementation of this concept must «keep up with the times» and correspond to the constitutional realities of life. Of course, a big step forward has been made in resolving the contradictions that have arisen. In addition, research results can be used in law-making and human rights protection activities regarding the implementation of current legislation during wartime.

This article provides an overview of the issue of human trafficking for illegal organ trade in Indonesia. It explains that the trade of human organs is both ethically and legally prohibited in the healthcare industry, and that both organ recipients and donors are responsible for engaging in this trade. The article emphasizes the need for regulations to combat organ trafficking and highlights the criminal punishments specified in Indonesian law for those involved in organ or body tissue trade. It also discusses the physical and psychological effects on victims and the efforts made by institutions to uphold the law and assist victims. The article further explores the use of forged paperwork and fictitious work permits by perpetrators to exploit victims, and emphasizes the importance of understanding the responses of law enforcement and government representatives to combat this issue and ensure justice for victims. It concludes by stating that the trade in human organs is illegal and morally reprehensible, with criminal punishments specified for offenders. [Extracted from the article]

Copyright of Journal of Shenzhen University Humanities & Social Sciences is the property of Journal of Shenzhen University (Humanities & Social Sciences) Editorial Office and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this article is to explore and analyze the legal basis for polygamy in both Islamic law and positive law in Indonesia. Polygamy refers to a man having multiple wives at the same time. In Islamic law, polygamy is permissible under certain conditions as stated in the Qur'an, specifically if the husband can treat all wives fairly. The research aims to examine the perspective of polygamy in both Islamic law and Indonesian positive law. The method used in this research is a normative juridical approach with a descriptive research approach. Data obtained will be systematically organized for further qualitative analysis. The research findings indicate that the regulation of polygamy in positive law makes it challenging for husbands to practice polygamy, whereas Islamic law does not impose excessive obstacles. The conditions for the permissibility of polygamy according to Law Number 1 of 1974 are outlined in Article 4 paragraph (2) and Article 5 paragraph (1). The legal basis for granting polygamy permits is formally stipulated in Law Number 1 of 1974 concerning marriage, Article 3 paragraph (2) alongside Article 43 PP. 9 of 1975, and Presidential Instruction Number 1 of 1991 on KHI Article 56 paragraph (3). It is essential for these two laws to be in harmony with each other to avoid conflicts and problems, especially in the context of marriage, particularly concerning polygamy. [ABSTRACT FROM AUTHOR]

The dynamics of social relations in the religious sphere today is of epoch-making importance, which in turn leads to the involvement of the state in church affairs. Due to conflicts and gaps, obsolescence and imperfection of national legislation, there are attempts to replace the norms of canon law with the norms of positive law, as well as attempts to resolve canonical disputes through the mediation of the latter. That is why the Supreme Court plays a crucial role in preventing such situations. It is the Supreme Court that currently bears the burden of responsibility for extending the judicial jurisdiction of national courts to disputes with a religious component. It is also important to formulate the conceptual principles that the Supreme Court implements when determining the jurisdiction of a dispute; this approach should not be based on the example of only one case, but should have universal features and be a guide for national courts. In this context, it should be noted that such an approach, in particular, may be the differentiation of relations with a religious component on the basis of the primary (basic) and secondary (derivative) relations, as emphasized in the dissenting opinion of the Supreme Court judges. Accordingly, it can be postulated that if relations arise from the religious sphere and then formally acquire other legal features, then in the event of a dispute, the latter is subject to consideration by a church court, not a state court. If relations arise on the basis of positive law (purchase of a land plot for the construction of a temple, lease of a building used as a place of worship, etc.), then such relations cannot be transformed into religious relations only because of this component. The above naturally raises the question, if we take as a basis the thesis that relations with a religious component should be resolved in national courts only on the grounds that they guarantee a person the right to a fair trial (access to court), what results do we expect? The question of whether a court can move a former nun into a monastery cell is not rhetorical, since the court of first instance did so, but isn't such a court decision an interference by the state through the court in church affairs? Whether such decisions will not undermine the delicate balance of separation of church and state is a question that we have yet to answer. Obviously, one of the tasks of the Supreme Court in resolving disputes with a religious component is the progressive secularization of judicial practice. We must also recognize as a general observation that the normative approach to resolving disputes with a religious component is not very helpful and effective, and may even lead to false conclusions. In this sense, the comprehensive, combinatorial and interdisciplinary approaches, etc., are helpful. [ABSTRACT FROM AUTHOR]

Option belongs to the category of rights, not obligations, and therefore it can be terminated. The notion of terminating an option before the contract refers to eliminating the cause and necessity of the option right, rather than nullifying it after its creation. There is uncertainty regarding the capability of stipulating the termination of an option before the contract in Imami jurisprudence and Iranian positive law. The stipulation for the termination of an option before the contract may take the form of a separate agreement regarding the option, an independent condition concerning the option, or even an incidental provision other than the contract that includes the option right. Based on the findings of the present descriptive-analytical study, considering the evolved jurisprudential developments, it is possible and acceptable to stipulate the termination of an option before the contract in each of the aforementioned forms in Imami jurisprudence and Iranian law. However, the existing civil law regulations in this regard are incomplete and ineffective, and their modification, from the perspective of a general definition of conditions that also encompasses pre-contractual conditions, the acceptance of the stipulation for the termination of the option before the contract, the expression of various forms of its legal implications, and ultimately the determination of essential instances of options, is necessary. [ABSTRACT FROM AUTHOR]

Italian women writers such as Anna Banti, Elsa Morante, and Elena Ferrante have challenged the patriarchal discourse on female subjectivity through their narrative articulations of gender-based violence. Drawing on Walter Benjamin's analysis of violence in relation to natural and positive law, this article argues that these authors' representations of violence against women not only provide a powerful critique of patriarchal models but also reveal the contradictory nature of law and justice within a patriarchal power structure. By positioning gender-based violence at the intersection of sanctioned (i.e., legal) and unsanctioned (i.e., illegal) violence, the patriarchal structure of power ensures its continuity. The article concludes that by weaving the pervasiveness of violence experienced by women into their narrative textures, these writers modify their relationship to language from one of displacement to one of cautious proximity, thus opening the possibility for the emergence of a post-patriarchal notion of the human. [ABSTRACT FROM AUTHOR]

This study aims to identify the premise and types of legal protection for trademark rights, comparing Islamic and positive law to explore their roles in safeguarding these rights. Information technology, while aligned with business advancements, can create loopholes for mark violations Irresponsible acts such as brand piracy pose a significant threat to brand proprietors, making trademark rights a major source of civil disputes and illegal acts. This study conducts a comparative analysis of legal literature, focusing on books about Trademark Rights as the primary data source. Data were collected, analyzed, categorized, and conclusions are drawn. The findings showed two forms of legal protection for trademark, which included preventive and coercive. Preventive measures involve government or institutional warnings and restrictions on obligations, while coercive aspects impose penalties on counterfeiters. In Islamic law, forgery is considered the prohibited action of tazyīf, resulting in the infringement of rights of others.

Introduction: Waqf is a sign of giving whose implementation is carried out by retaining (ownership) of origin (tahbisul ashli), then making the benefits generally accepted. Purposes of the Research: To find out about the management of waqf property in North Sumatra, especially the waqf land of Tengku Darwisyah in Serdang Bedagai according to positive law and Islamic law. Methods of the Research: This research is a qualitative study with a social history approach to Islamic law. Results of the Research: The management of the waqf land of Tengku Darwisyah is still far from expectations because it has not been managed perfectly and only has a traditional and consumptive nature, and there has been no good management. In addition, the trustee of the waqf of Tengku Darwisyah is passive and even fatalistic by allowing tenants to build permanent structures such as places of worship, sports halls (GOR), farms, and trading companies, which should be productive, and this policy is not based on any contract or agreement.

Euthanasia is one of the issues that sparked controversy in medical, legal, and religious circles as the practices have led to several problems and raised legal and ethical issues that require attention and study. The debate on euthanasia has resulted in the emergence of jurisprudential trends in favor and opposition to euthanasia which then influence the legislation. This study aims to identify the provisions of euthanasia in positive law and divine legislation. It also seeks to identify the extent to which intentional euthanasia is criminalized, and the cases in which it may be considered an extenuating circumstance. The study used the analytical and comparative approach. The study found that some western legislations permit euthanasia whereas Islamic countries which laws are based on Shariah criminalized it. Euthanasia is considered intentional killing in Shariah regardless of the advantages or disadvantages of the practice. This perspective is shared by three monotheistic religions that unanimously prohibit euthanasia and considered it as a crime of killing a person without right. Although the jurists unanimously agreed on the prohibition of positive euthanasia, they differed on the prohibition of passive euthanasia. These findings may shed some light to guide the policymakers in enacting appropriate law regarding the matter [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bulletin of the 'Carol I' National Defence University / Buletinul Universitatii Nationale de Aparare 'Carol I' is the property of Carol I National Defence University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Justice is known to be an emblematic legal-philosophical criterion that forms part of the evaluative point of law for several prominent authors (such as Robert Alexy and Gustav Radbruch) who advocate that the nature of law is dual, namely, that law has at the same time an evaluative and descriptive nature. John Finnis, a proponent of a contemporary natural-law theory of law who supports a maximalist or full-range approach regarding the aspects of human good, acknowledges the legal importance of the requirement for justice. However, Finnis seems to conceptualize justice as a subset of what he deems the main evaluative standard within the nature of law—practical reasonableness. In this article, I argue that Finnis's account of law and justice may be fruitfully upgraded by an emphasis on Thomas Aquinas's texts that highlight the virtue of justice and its object, the juridical phenomenon (ius), as the central evaluative standard and the ideal end of positive law. I also show how a greater emphasis on justice is ultimately compatible with the role of practical reasonableness in explaining the nature of law. [ABSTRACT FROM AUTHOR]

The most discussed theory of law of the twentieth century – HLA Hart's theory from The Concept of Law – is fundamentally psychological. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements express it, what it is not, how Hart ought to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude itself. This paper presents and defends an account of the internal point of view and shows how, when understood as the account suggests, this attitude can play the several roles that Hartian positivists need it to play. [ABSTRACT FROM AUTHOR]

Guardianship ‘Tutelae’ as a legal concept is as old as mankind. In antiquity, the communal and societal guardian is referred to as a messenger of God, prophet, priest and etc. He or she is believed to be a divine guardian that is appointed by God to lead each community or society, custodis mortalis. However, guardianship as an institution is not restricted to the communal and societal systems alone; it is also important to the family system and to the individual person when he or she is a minor or incapacitated. The institution is important to ensure that the interest of the present and future generations and the care of the people as o whole are preserved. However, the institution has positively undergone various developments in the present. Its importance and its transformations are discussed in this paper from the perspective of Shariah and Positive Laws.