Nitiparitat Journal

Regulatory Implementation in Aceh Special Autonomy Era by Local Government

Rico Novianto — Tue, 07 May 2024 00:00:00 +0700

Special autonomy is one of the conflict solutions for Aceh and gives authority to the local government to create their governance in social, economic, and political aspects. This research will focus on regulatory implementation and local government policy to rebuild Aceh based on MoU Helsinki. The Qualitative methodology is a method of analyzing this study using a literature review and local government legal product to assess the implementation of Aceh Special Autonomy. Law of Governing Aceh No. 11 of 2006 (LoGA) is the manifestation of the Special Autonomy in Aceh. Aceh Local Government already issued hundreds of Qanun or Sharia Law regulations and other legal documents. However, Aceh Local Government still has not implemented some of the articles MoU Helsinki and Special Autonomy articles such as land rights for ex-combatants and political stance authorities.

A study and legal philosophy analysis of Grey Hat Hacker’s action

Tue, 07 May 2024 00:00:00 +0700

In the age of globalization, technology has been evolving persistently. Putting cybercrimes at the forefront of specific priority crime threats. However, cybercrimes do not always communicate the bad intentions of the miscreant. These criminals may fall into the category of morally ambiguous felons or gray-hat hackers, such as hacktivists and whistleblowers.

These morally ambiguous hackers typically target entire Industries or specific organizations that they consider to not align with their political views or practices. In which they respond with a cyber-attack.

This article aims to discuss the principles of the philosophy of law that may justify gray-hat hackers’ actions. For instance, Hart and Fuller's Debate on Law and Morality Ronald Dworkin’s theory may confer validity on gray-hat hackers' actions.

Unveiling the Rule of Recognition in Thai Society: A Comparative Analysis and Contextual Examination

Tue, 07 May 2024 00:00:00 +0700

This study explores H.L.A. Hart's concept of the rule of recognition and its application in the legal systems of compact communities and contemporary societies. Hart argues that societal control relies on collective adherence to primary rules of obligation within close-knit communities. However, as societies grow larger, uncertainties regarding the nature and application of rules emerge. Hart proposes the secondary ‘rule of recognition’, which determines valid and binding rules. The rule of recognition can take various forms and is identified by actors such as courts, officials, and individuals. In modern legal frameworks, it encompasses the entire spectrum of legal sources. Understanding the rule of recognition is crucial to comprehending how legal norms acquire authoritative status, particularly in Thailand's legal environment.

However, there are gaps and criticisms to consider. This study examines three other scholars' interpretations of the rule of recognition: Adam Perry, Sylvie Delacroix, and Adam Tucker. Perry argues that relying solely on social acceptance may limit the stability and consistency of the rule of recognition. Delacroix emphasises the need to account for informal practices and customs in addition to formal legislation. In the Thai context, the rule of recognition faces challenges in aligning with legislative power and accommodating cultural specificities. These criticisms underscore the need for a more comprehensive and contextually sensitive understanding of the rule of recognition, incorporating norms, informal practices, and evolving social acceptance.

In conclusion, Hart's rule of recognition provides a valuable framework, but its practical application reveals gaps and limitations. Insights from scholars such as Perry, Delacroix, and Tucker highlight the importance of considering social habits, informal practices, cultural specificities, and the interplay with parliamentary legislative power. Addressing these gaps will contribute to a more comprehensive understanding of the rule of recognition, enhancing its relevance in contemporary legal systems, and in the context of Thailand.

Prohibiting Politician Officers from Being the Owners of, or Shareholders in the Media Business according to the Constitution of the Kingdom of Thailand, BE 2560 (2017)

Threechada Boonchan — Tue, 07 May 2024 00:00:00 +0700

After the 2006 coup in Thailand, the Constitution of the Kingdom of Thailand, BE 2560 (2007), prohibited Thai politicians from owning shares in media companies to prevent an interference in media freedom and ensure that they would not be able to use media power against their opponents. However, there was no determination of legal consequences in case of violation of the law. Later, after the 2014 coup, the Constitution, BE 2560 (2017), prohibited the members of the House of Representatives (MP) candidates and senate candidates from owning media shares and stated the consequences in case of violation, i.e., being terminated from the political position. This article aimed to briefly review the decisions by the Supreme Court and the Constitutional Court in the case of politicians owning media shares, the law in other countries regarding holding of media shares by politicians, and to criticize whether the Thailand laws complied with what is stipulated in Section 77 of the 2017 Constitution. In the author's opinion, the prohibition on politicians from holding media shares in the 2017 Constitution was inconsistent with Section 77 of the Constitution due to the following reason: the law could not be enforced because politicians could influence the media in many ways without owning shares, and the law was difficult to understand, as evidenced by the inconsistencies between the decisions of the Supreme Court and the Constitutional Court. The decisions of the Supreme Court followed the letter of the law rather than considering the content (fact) and the spirit of the law. This represented “hyper-legalism” of the court. In addition, the law was impractical in the era of social media that allows people to access and share the information in real-time using many free social media platforms; anyone could be “a media”.