Al-Manhâj al-Fiqhî ‘Inda Jamâ’ah “Muassah al-Da’wah al-Islâmiyah al-Indûnîsiyah” (Lembaga Dakwah Islam Indonesia) wa Âtsâruhu Fî Istinbâth al-Ahkâm al-Syar’iyyah

Indonesian Islamic Da’wa Institution or Lembaga Dakwah Islam Indonesia (LDII) tends to embrace exclusivity and takfiri ideology. This article attempts to reveal the fiqh manhaj (method) that LDII employs and its influences on the legal decisions LDII takes by employing the library research method in descriptive qualitative type. The content analysis in tandem with document triangulation and structured interviews were applied to investigate the textual references LDII uses. The findings indicate that LDII employs a fiqh manhaj called manqul. This influences the law istinbath of LDII. Mandatory to remain in the congregation (jamaah), taking the oath of allegiance to the leader of the jamaah, the claim by the jamaah leader of the right to construct sharia law, license to lie, and takfiri are some controversial products of the manqul. With takfiri as the most dangerous product of the manqul, it befalls the government of Indonesia to watch over this jamaah. اشتهرت مؤسسة الدعوة الإسلامية الإندونيسية أو ما يسمى بـــ LDII بتكفيرها على جميع المسلمين سوى جماعتهم. وتهدف هذه الدراسة لمعرفة أصل المنهج الفقهي عند هذه الجماعة وآثاره في استنباط الأحكام الشرعية عندهم. واعتمدت الدراسة على منهج البحث الوصفي التحليلي، بطريقة تحليل المحتوي أو ما يسمى بــ (content analysis). وقد توصلت الدراسة إلى القول بأن أصل المنهج الفقهي عند هذه الجماعة هو ما يسمى بـ"المنقول". وإن لهذا المنهج الفقهي أثار كبير في استنباط الأحكام الشرعية عند هذه الجماعة. ومن بينها: لزوم الناس لجماعتهم، وجوب البيعة لإمامهم، وجوب الإنفاق، ادعاء إمامهم أن لهم حقّ في تشريع الأحكام، إباحة التقية أو الكذب على الآخرين. ومن أخطر هذه المخالفات تكفيرهم لجميع المسلمين ممن ليسوا من جماعتهم. لأن هذا الاستنباط له أثر سيئ لوحدة الشعب، ولذا على حكومة إندونيسيا أن تتنبه دائما تجاه هذه الجماعة المنحرفة.

Romania’s Anti-Corruption Policy: Results, Prospects and Experience for Ukraine

The article analyzes the results and prospects of anti-corruption policy in Romania. Using the method of a logical chain model for evaluating government programs and projects made it possible to prove that two competing approaches have emerged in Romania regarding the appropriateness of the forms and methods of this process: the first of them is focused on the quantitative result of anti-corruption policy, which is achieved despite numerous procedural violations of the legal procedure; the second emphasizes the need and importance of ensuring and strict observance of procedural guarantees and legal decisions focused on the quality of the results of anti-corruption activities of special anti-corruption structures. It was found that the growth of the institutional and organizational potential of anti-corruption structures in Romania led to a quantitative increase in the effectiveness of anti-corruption policy, while reducing its qualitative indicators, reflected in the procedural characteristics of the implementation of anti-corruption policy. Such a ratio of quantitative and qualitative results of anti-corruption policy indicates a certain imbalance in the activities of the structures of the anti-corruption activity system and requires a political adjustment of anti-corruption policy. It has been substantiated that the most important aspect of anti-corruption practices that can be used in Ukraine is the public consensus on the ratio of quantitative and qualitative indicators of the effectiveness and efficiency of the implementation of anti-corruption policy. It is noted that the pursuit of quantitative indicators, however, as well as neglect of them, will inevitably form a public discourse about the organizational necessity / importance of the national system of anti-corruption institutions and the principles of anti-corruption policy.

Legal features of the use of big data in the tax activities of the state

Objective: The article is devoted to determining the legal nature of Big Data technology. Some aspects of the problematic in the field of using Big Data technology in public tax activities are investigated. The theoretical and legal approaches to the regulation of Big Data technology in domestic and international law are analyzed. Methods: The authors used a combination of methods: theoretical, general scientific methods and empirical methods. Results: The development of the conceptual and terminological apparatus and the harmonization of domestic and international legislation is indicated as one of the possible directions for the formation of legislation. Conclusion and recommendations: Active implementation of the activities of tax authorities in the digital economy requires the adoption of adequate legal decisions. The thesis that legislation must be formed considering the legal and commercial nature of Big Data technology is considered. The use of Big Data technology must be accompanied by legal and ethical standards.

Explaining Factor Ascription

Explanation and justification of legal decisions has become a highly relevant topic in light of the explosion of interest in the use of machine learning (ML) approaches to predict legal decisions. Current suggestions are to use the established factor based explanations developed in AI and Law as the basis for explaining such programs. We, however, identify factor ascription as an important aspect of explanation of case outcomes not currently covered, and argue that explanations must also include this aspect. Finally, we outline our proposal for a hybrid system approach that combines ML and Abstract Dialectical Framework (ADF) layers to engender an explainable process.

Exploring the Subjective Caregiving Experience Among Chinese, Korean, and Southeast Asian Communities

Although the Asian American community is one of the fastest growing racial groups in the US, members of this group continue to be underserved and understudied, especially when it comes to the needs of family caregivers. Therefore, through a national initiative to understand the lived experiences of diverse family and friend caregivers, survey data was collected from a variety of Asian American ethnic subgroups including Chinese (n=148), Korean (n=131), and Southeast Asian (i.e., Vietnamese, Hmong, Cambodian, Laotian; n=161). Surveys were distributed in-person and online, and also offered in the translated native languages of the abovementioned groups. Caregivers had to be 18 years and older and providing care to a person aged 55 and older who needed assistance because of ongoing health problems or disabilities. For the overall sample of Asian American caregivers (n=440), participants were on average 51.68 years of age (SD=15.98), identified as female (n=336), were not born in the US (n=348), lived with the care receiver (n=247), and reported less than $10,000 in income per year (n=199). As guided by the Stress Process Model and through a series of ANOVA tests, when compared on all major outcomes, Southeast Asian caregivers significantly reported: 1) more difficulty with care related tasks (e.g., financial/legal decisions), 2) a stronger cultural commitment to caregiving, 3) higher work strain, and 4) more depressive symptomology. Discussion will focus on opportunities for professionals to meet the needs of Asian American caregivers through the use of available trainings and programs aimed to support diverse caregivers.

Development and Evaluation of an Intelligence and Learning System in Jurisprudence Text Mining in the Field of Competition Defense

A jurisprudence search system is a solution that makes available to its users a set of decisions made by public bodies on the recurring understanding as a way of understanding the law. In the similarity of legal decisions, jurisprudence seeks subsidies that provide stability, uniformity, and some predictability in the analysis of a case decided. This paper presents a proposed solution architecture for the jurisprudence search system of the Brazilian Administrative Council for Economic Defense (CADE), with a view to building and expanding the knowledge generated regarding the economic defense of competition to support the agency’s final procedural business activities. We conducted a literature review and a survey to investigate the characteristics and functionalities of the jurisprudence search systems used by Brazilian public administration agencies. Our findings revealed that the prevailing technologies of Brazilian agencies in developing jurisdictional search systems are Java programming language and Apache Solr as the main indexing engine. Around 87% of the jurisprudence search systems use machine learning classification. On the other hand, the systems do not use too many artificial intelligence and morphological construction techniques. No agency participating in the survey claimed to use ontology to treat structured and unstructured data from different sources and formats.

The Conflict Between People’s Urge to Punish AI and Legal Systems

Regulating artificial intelligence (AI) has become necessary in light of its deployment in high-risk scenarios. This paper explores the proposal to extend legal personhood to AI and robots, which had not yet been examined through the lens of the general public. We present two studies (N = 3,559) to obtain people’s views of electronic legal personhood vis-à-vis existing liability models. Our study reveals people’s desire to punish automated agents even though these entities are not recognized any mental state. Furthermore, people did not believe automated agents’ punishment would fulfill deterrence nor retribution and were unwilling to grant them legal punishment preconditions, namely physical independence and assets. Collectively, these findings suggest a conflict between the desire to punish automated agents and its perceived impracticability. We conclude by discussing how future design and legal decisions may influence how the public reacts to automated agents’ wrongdoings.

Position of Fatwa in The Constitution: A Legal Analysis

Fatwas in Malaysia seems to be existing without legal power and value since they are not mentioned literally in the Federal Constitution. Accordingly, there has been a perception of fatwa institutions issuing fatwas without legal authority to bind Muslims to certain legal decisions and views. Hence, this study is to clarify that fatwas are valid and recognized as part of the legal reference in Malaysia. More importantly, this paper refutes the claim that fatwa is unconstitutional in terms of its legal position. Additionally, this study intends to clarify that the philosophy of federalism practiced in Malaysia is solid evidence that fatwas are indeed an authoritative source of law in Malaysia. This study is conducted qualitatively using document analysis instruments with reference to the Federal Constitution and legal provisions practiced in Malaysia. Investigation of this study found that fatwa and its institutions in the country are valid according to Malaysian law. However, they are not mentioned literally in the Constitution, particularly fatwa authority that involves state jurisdiction in Islamic affairs. Moreover, this paper is highly significant to highlight the validity of fatwa from the Constitution perspective and further support the authority and credibility of its institutions according to Malaysian law.