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Volume 2
Issue 1 JANUARY- JUNE 2025
Volume 2(Issue 1) JANUARY- JUNE 2025 Research Articles
Compelled Brain Imaging in Criminal Justice and Personal Privacy: A European Outlook
Vol.2(1); Pages:1-10. Published on April 2025
Abstract
The advent of neuroimaging technology has introduced new dimensions to the intersection of criminal law and privacy, particularly within the European context. This paper explores the legal, ethical, and societal implications of using coercive neuroimaging techniques in criminal investigations and trials. Neuroimaging, which includes methods like fMRI and PET scans, can provide insights into a suspect’s brain activity maybe disclosing details regarding their mental health, intentions, and truthfulness. However, the coercive application of these technologies raises significant concerns regarding the right to privacy, bodily integrity, and mental autonomy. The European legal framework, including the European Convention on Human Rights (ECHR) and the General Data Protection Regulation (GDPR), provides robust protections for individual rights, yet the integration of neuroimaging evidence poses challenges that necessitate a careful balancing of interests. This paper examines the current legal standards, case law, and regulatory policies related to coercive neuroimaging in Europe, highlighting the tension between advancing forensic science and safeguarding fundamental human rights. It also considers the broader ethical debates and potential future directions for policy and legal reform to address these emerging issues.
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Electronic Notary: A Mechanism for Strengthening Economic Legal Growth in Indonesia
Vol.2(1); Pages:11-19. Published on April 2025
Abstract
The advent of digital technologies has introduced significant innovations in various sectors, including legal practices. One notable development is the implementation of the Cyber Notary system in Indonesia, which has emerged as a pivotal tool for advancing economic law development. This paper explores the role of Cyber Notaries in streamlining legal processes and enhancing transparency in economic transactions. By leveraging digital platforms, Cyber Notaries offer a secure and efficient means for notarizing documents, which is crucial for business operations, contract enforcement, and compliance with regulatory frameworks. This innovation not only addresses traditional bottlenecks in legal processes but also aligns with Indonesia’s broader economic development goals by promoting efficiency and reducing costs. Through a comprehensive analysis of the Cyber Notary system, this study evaluates its impact on legal practices, identifies challenges and opportunities, and proposes strategies for optimizing its implementation to support economic growth in Indonesia.
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Analyzing the Internet Shutdown in Papua Through the Lens of Cyber Law
Vol.2(1); Pages:20-28. Published on April 2025
Abstract
The internet blocking case in Papua represents a significant moment in the intersection of cyber law, human rights, and state control over digital communication. In August 2019, the Indonesian government imposed internet restrictions in Papua and West Papua following protests and civil unrest, citing security concerns. This action has raised critical questions regarding the legality and ethical implications of internet shutdowns under international and national cyber law frameworks. This paper provides a comprehensive review of the incident, analyzing it through various lenses, including the principles of freedom of expression, access to information, and the government’s responsibility to maintain public order. The study explores the legal justifications presented by the Indonesian government, scrutinizes the decision against international human rights standards, and examines similar precedents globally. By assessing the impact of the internet shutdown on the local population and the broader implications for digital rights, this paper seeks to contribute to the ongoing discourse on the balance between state security measures and the preservation of fundamental human rights in the digital age. Ultimately, the paper argues for clearer guidelines and accountability mechanisms in the application of internet restrictions to prevent potential abuses and ensure that such measures are proportionate, necessary, and in line with international legal standards.
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Incorporation of Global Criminal Law Principles into Kazakhstan’s Penal Code
Vol.2(1); Pages:29-36. Published on April 2025
Abstract
This study examines the ways in which the Republic of Kazakhstan’s Criminal Code applies core principles of international criminal law.. It examines how Kazakhstan, a post-Soviet nation, has adapted its legal framework to align with international standards and norms in criminal law. The analysis covers the historical context of Kazakhstan’s legal system, the influence of international treaties and conventions, and the specific provisions within the Criminal Code that reflect international criminal law principles. The report underscores Kazakhstan’s commitment to preserving international legal norms and addressing transnational crimes such as crimes against humanity, war crimes, and genocide by closely examining legislative modifications and legal reforms. Furthermore, the research discusses the challenges and opportunities faced by Kazakhstan in implementing these principles, including issues related to legal harmonization, judicial capacity, and international cooperation. The findings suggest that while significant progress has been made, continuous efforts are required to fully integrate and enforce international criminal law principles in Kazakhstan’s domestic legal system.
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Victim-Centered Criminal Law: Promoting Justice Through a Focus on Victims in Legal Frameworks
Vol.2(1); Pages:37-44. Published on April 2025
Abstract
The “Criminal Law of Victim” represents a transformative approach in the legal landscape, emphasizing a victimcentric perspective within criminal justice systems. Traditionally, criminal law has prioritized the rights of the accused and the procedural aspects of justice. However, the Victim-Centric Approach seeks to address this imbalance by placing greater focus on the needs, rights, and well-being of victims. This model advocates for legal reforms that ensure victims are informed, supported, and actively involved in the judicial process. Key elements of the model include the establishment of comprehensive victim support services, the integration of restorative justice practices, and the enhancement of victims’ legal rights. The approach aims to repair harm caused by criminal offenses, provide victims with a voice in proceedings, and facilitate their recovery and reintegration into society. This abstract explores the core principles, legal frameworks, implementation challenges, and potential impact of the Victim-Centric Approach. It also discusses future directions for advancing this model within global and local legal contexts. By integrating victim perspectives into criminal justice, this approach strives to create a more equitable and effective legal system that acknowledges and addresses the profound impact of crime on individuals and communities.
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Volume 1
Issue 2 JULY – DECEMBER 2024
Research Articles Volume 1 (Issue 2) JuLY – dECEMBER 2024
Fundamental Rights: Constitutional Law Underlying Sovereignty
Vol.1(2); Pages:1-8. Published on August 2024
Abstract
The concept of fundamental rights is central to the functioning of democratic states, serving as a cornerstone for the protection of individual liberties and the maintenance of justice. This paper explores the intricate relationship between fundamental rights and constitutional law, highlighting how these rights underpin the very sovereignty of the state. By examining various constitutional frameworks, this study elucidates the ways in which fundamental rights not only safeguard individual freedoms but also define the parameters of state power. It argues that constitutional law acts as a safeguard against potential abuses of power by state authorities, ensuring that governance remains anchored in principles of justice and equality. The paper further investigates case studies from diverse jurisdictions, illustrating how the enforcement of fundamental rights can shape legal interpretations, influence public policy, and impact societal norms. Ultimately, this work aims to underscore the significance of constitutional law as a dynamic mechanism that both empowers and restrains state sovereignty in the pursuit of fundamental human rights.
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Leveraging AI in Legal Compliance for Autonomous Systems: Ensuring Adherence to Regulatory Frameworks
Vol.1(2); Pages:9-18. Published on September 2024
Abstract
The advent of autonomous systems, such as self-driving cars, unmanned aerial vehicles (UAVs), and robotic process automation, poses significant challenges for ensuring legal compliance. These systems operate with a high degree of independence, making it essential to integrate robust legal compliance mechanisms to ensure they adhere to existing laws and regulations. This paper explores the potential of leveraging artificial intelligence (AI) to embed legal compliance within autonomous systems. We propose a framework that combines AI-driven decision-making with real-time regulatory monitoring to dynamically interpret and apply laws. The framework includes the development of legal ontologies, automated reasoning capabilities, and machine learning models trained on vast legal datasets. By incorporating these elements, autonomous systems can be designed to recognize legal boundaries, make decisions that comply with legal standards, and adapt to changes in the regulatory landscape. The paper also addresses the ethical considerations, limitations, and future research directions in deploying AI for legal compliance. This approach aims to create autonomous systems that not only operate efficiently but also uphold the rule of law, thereby enhancing their acceptance and integration into society.
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Issue 1 JANUARY – JUNE 2024
Research Articles Volume 1 (Issue 1) JANUARY – JUNE 2024
Enhancing Human Rights Protections in Constitutional Systems
Vol.1(1); Pages:1-7. Published on April 2024
Abstract
Enhancing human rights protections within constitutional systems is a pivotal endeavor in contemporary legal and political landscapes. This abstract explores the multifaceted approaches and challenges involved in bolstering human rights safeguards through constitutional mechanisms. It examines the roles of constitutional frameworks, judicial interpretations, international conventions, and societal dynamics in shaping the evolution and effectiveness of human rights protections. Key issues such as the balance between individual liberties and state interests, the impact of cultural and social contexts on rights enforcement, and the role of constitutional amendments in adapting to modern challenges are critically analyzed. Additionally, the abstract explores comparative perspectives on human rights jurisprudence across diverse constitutional systems, highlighting best practices and areas for improvement..
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Enhancing Law Journal Publishing Through Librarian Expertise and Support
Vol.1(1); Pages:8-15. Published on April 2024
Abstract
In the rapidly evolving landscape of legal scholarship, the role of librarians has become increasingly vital in enhancing the quality and accessibility of law journal publishing. Librarians possess a unique set of skills and expertise that can streamline the publishing process, improve research support, and promote open-access initiatives. This paper explores the multifaceted contributions of librarians in law journal publishing, including their roles in enhancing information literacy, optimizing submission workflows, and fostering collaboration among authors and editorial boards. By leveraging their knowledge of legal databases, citation management, and digital tools, librarians can facilitate a more efficient peer review process, support ethical publishing practices, and help increase the visibility and impact of legal scholarship. Furthermore, the advocacy for open-access publishing models ensures broader dissemination of legal research, aligning with the evolving demands of academia and the legal profession. This discussion underscores the importance of integrating librarian expertise into the publishing ecosystem to improve the overall quality and accessibility of law journals.
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Exploring the Role of Law in Fostering Democratic Governance and Sustainable Development
Vol.1(1); Pages:16-22. Published on April 2024
Abstract
This paper explores the intricate relationship between law, democratic governance, and sustainable development, emphasizing the critical role legal frameworks play in promoting democratic values and practices. It examines how robust legal institutions are essential for safeguarding human rights, ensuring transparency, and fostering accountability within democratic systems. Additionally, the study highlights the significance of laws in facilitating sustainable development by providing a regulatory framework that balances economic growth with social equity and environmental protection. Through a comparative analysis of various legal systems, the paper identifies best practices and challenges in integrating legal mechanisms with sustainable development goals (SDGs). The findings underscore the necessity for legal reforms that adapt to emerging global challenges, such as climate change and social inequality, while reinforcing democratic principles. Ultimately, this research advocates for a holistic approach where law is viewed as a pivotal tool for achieving both democratic governance and sustainable development, calling for collaboration among stakeholders, including governments, civil society, and the private sector.
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Horizontal Effect in Law: Interactions Between Fundamental Rights and Private Law in Societal Constitution
Vol.1(1); Pages:23-31. Published on June 2024
Abstract
The concept of the horizontal effect in law concerns the application of fundamental rights within private legal relationships. This phenomenon is pivotal in understanding how constitutional rights extend beyond the vertical relationship between individuals and the state to influence interactions between private parties. The horizontal effect raises significant theoretical and practical questions about the balance between individual freedoms and societal interests, as well as the appropriate scope of judicial intervention in private affairs. This paper explores the logic and implications of the horizontal effect, examining how fundamental rights can shape private law and contribute to societal constitution. It delves into key legal theories, judicial precedents, and comparative law perspectives to provide a comprehensive analysis of how constitutional norms permeate private legal relations. The discussion includes an evaluation of the direct and indirect horizontal effects, the role of courts in enforcing fundamental rights in private disputes, and the potential tensions between private autonomy and public interest. Through this examination, the paper aims to elucidate the transformative impact of fundamental rights on private law and highlight the evolving nature of legal systems in accommodating these constitutional imperatives.
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Social Transformation of International Human Rights Law through Indonesian Constitutional Court Rulings
Vol.1(1); Pages:32-40. Published on June 2024
Abstract
This paper examines the transformative role of the Indonesian Constitutional Court in shaping international human rights law within Indonesia. Since its establishment, the Court has been pivotal in interpreting and enforcing constitutional guarantees that align meets global human rights norms. Through landmark decisions, the Court has addressed critical issues such as freedom of expression, minority rights, and gender equality, thereby integrating international norms into domestic law. This study analyzes the Court’s jurisprudence, highlighting how its rulings have fostered social change and advanced the protection of human rights in Indonesia. By exploring case studies and legal frameworks, the paper underscores the Court’s influence in bridging national and international human rights standards, contributing to a broader understanding of the interplay between domestic judicial practices and global human rights norms. The findings suggest that the Indonesian Constitutional Court serves as a crucial mechanism for the domestication of international human rights law, promoting social transformation and reinforcing the rule of law.
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