103. On the Complaint of Citizen Mussa Alievich Zurabov and Beiel Dzhabrailovich Ozdoev Concerning the Violation of Their Constitutional Rights by the Provisions of the Law of the Republic of Ingushetia “On Elections for Deputies of the People’s Assembly–Parliament of the Republic of Ingushetia”

2002 ◽  
Vol 38 (1) ◽  
pp. 87-95
Keyword(s):  
Constitutional Rights ◽  
The Law ◽  
The Republic

scholarly journals THE PRACTICE OF “UKUTHWALWA”, THE CONSTITUTION AND THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT

Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
David McQuoid-Mason
Keyword(s):  
Rural Communities ◽  
Criminal Law ◽  
Cultural Practices ◽  
Common Law ◽  
Customary Law ◽  
Constitutional Rights ◽  
Eastern Cape ◽  
Sexual Offences ◽  
The Law ◽  
The Republic

The practice of “ukuthwalwa” has been described as a “mock abduction” or an “irregular proposal” aimed at achieving a customary law marriage. It has been said that ukuthwalwa may be used for a number of purposes, such as: (a) to force the father to give his consent; (b) to avoid the expense of a wedding; (c) to hasten matters if the woman is pregnant; (d) to persuade the woman of the seriousness of the suitor’s intent; and (e) to avoid payment of lobolo. At common law the courts have stated that ukuthwalwa should not be used “as a cloak for forcing unwelcome attentions on a patently unwilling girl”, and have held that abduction by way of  ukuthwalwa is unlawful. However, it has been suggested that if there is a belief by the abductor that the custom of ukuthwalwa was lawful the abduction would lack fault, and that if the parents or guardians consented to the taking it would not be abduction, because abduction is a crime against parental authority. Where the parents or guardians consent to the abduction the crime may amount to assault or rape. Some of these potential lacunae in the law seem to have been addressed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. There has recently been public outrage about the practice of ukuthwalwa in the Eastern Cape in which girls between the ages of 12 and 15 years of age were being abducted and forced into marriages against their consent. This aspect of ukuthwalwa is a breach of the common law and the repealed section of the Sexual Offences Act (s 9 of the SexualOffences Act 23 of 1957. It is also completely contrary to the Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa Act, 1996) and the Sexual Offences Amendment Act (Chapters 2 and 3 of the Sexual Offences Amendment Act). Part of the problem may be that some rural communities think that cultural practices trump constitutional rights, whereas according to the law the reverse applies.

scholarly journals PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 223-237
Author(s):  
Ujang Suratno
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Joint Decision ◽  
Procedural Law ◽  
Library Studies ◽  
The Status ◽  
The Law ◽  
The Republic

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques

scholarly journals Legislative regulation of the powers of intelligence agencies: a comparative analysis

2021 ◽  
pp. 40-51
Author(s):  
Volodymyr Proshchaiev ◽  
Vadym Galeev
Keyword(s):  
Constitutional Rights ◽  
Domestic Legislation ◽  
Legislative Regulation ◽  
Intelligence Agencies ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
European Standards ◽  
Definition Of

Based on the comparison of the Law of Ukraine "On Intelligence" with the legislative acts of some countries, the content, direction and completeness of the powers defined for the intelligence agencies have been clarified. The quality of legal regulations on the rights and responsibilities of intelligence agencies, their proximity to European standards has been studied. This is especially true of the problems of guaranteeing and respecting the constitutional rights of man and citizen during the implementation of intelligence measures against them within the defined powers. It is proved that the state, represented by the legislator, transfers to the intelligence body as one of the subjects of the intelligence sphere a certain set of rights and responsibilities to dispose of them to achieve goals, solve tasks and perform the functions specified by law. Peculiarities of the Ukrainian legislation concerning definition of powers of intelligence bodies are investigated. It is noted that all the rights granted by the domestic legislature to intelligence agencies can be divided into four groups, among which only one group reflects the functionality of intelligence. The peculiarities of the legislative acts of Georgia, the Republic of Croatia, the Russian Federation, the Republic of Belarus and the Republic of Lithuania regarding the powers of the intelligence agencies have been determined. It is proposed considerthe positive experience of these countries to improve domestic legislation, namely: it is desirable to define separately in the law the rights and responsibilities of intelligence agencies; responsibilities should be formulated in such a way that they correspond to the rights of other intelligence actors; the rights and responsibilities of the heads of intelligence agencies should not be defined in the general sense, as for the heads of other state bodies, but in accordance with their special functionality; it is advisable to formulate the rights and responsibilities of intelligence officials to perform a specific task, function or to conduct a separate intelligence event. Keywords: national security, intelligence, intelligence agencies, legislative regulation of the powers of intelligence agencies.

scholarly journals HAK KONSTITUSIONAL PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PEMILIHAN UMUM DI INDONESIA

Al-Qadha ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 59-79
Author(s):  
Irwansyah
Keyword(s):  
Political Parties ◽  
Electoral System ◽  
Vice President ◽  
General Election ◽  
Constitutional Rights ◽  
The Law ◽  
The Republic ◽  
First Time

Political parties in the constitution of the Republic of Indonesia and the law have constitutionalrights to propose candidates for President and Deputy President. The current electoral systemrequires that before nominating the President and Vice President, political parties must have 20percent of the vote in the legislature / DPR or obtain 25 percent of the national legitimate votes inthe previous general election. With the implementation of this system, not all political parties canpropose candidates for President and Vice President candidates. Then what is the fate of the partythat does not achieve this provision even the new party which is also the first time participating inthe general election. With the application of the nomination threshold in the electoral system inIndonesia, it will certainly restrict or limit the constitutional rights of political parties that do not meet the desired conditions of the threshold

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

ABOUT SOME CHANGES AND ADDITIONS TO ANTIMONOPOLY LEGISLATION (BY THE EXAMPLE OF THE REPUBLIC OF BELARUS)

2020 ◽  
Author(s):  
O.V. Sinyak
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic

The main changes and additions in connection with the entry into force of the new version of the Law are considered. The purpose of the new edition of the Law is to improve the norms of antimonopoly laws, taking into account the practice of its application, bringing them into line with international legal acts that make up the law of the Eurasian Economic Union

Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects

2020 ◽  
Vol 02 (12) ◽  
pp. 1-4
Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  
Keyword(s):  
Comparative Analysis ◽  
Administrative Reforms ◽  
State Management ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.

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