Legal Norms and Legal Principles: Esser's Transformation Theory

1991 ◽  
pp. 115-122
Author(s):  
Hans Kelsen
Keyword(s):  
Transformation Theory ◽  
Legal Norms ◽  
Legal Principles

PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana
Keyword(s):  
High School ◽  
Work Performance ◽  
Government Regulation ◽  
Higher Learning ◽  
Civil Servants ◽  
Class Iii ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
School Senior

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals The U.S. Employment of Unmanned Aerial Vehicles (UAVs)

2015 ◽  
Vol 2 (4) ◽  
pp. 675-694
Author(s):  
David E. Graham
Keyword(s):  
National Security ◽  
Unmanned Aerial Vehicles ◽  
Legal Issues ◽  
Weapon System ◽  
Military Operations ◽  
Terrorist Organizations ◽  
Legal Norms ◽  
Legal Principles ◽  
The Past ◽  
The U.S

Much has been written over the past several years regarding the increased U.S. employment of UAVs as a weapon system against both combatants on a battlefield and terrorists far removed from an active zone of military operations. As an element of this dialogue, there has occurred a growing discussion as to whether, given what some view as the appearance of new threats to national security—existing in the form of al-Qaeda and similar terrorist organizations—there is now a need for enhanced clarity and transparency concerning the legal principles applicable to when, where, and how such systems might be used. The purpose of this article is to demonstrate that, if, in fact, uncertainty exists as to the legal norms to be applied in the employment of UAVs against those who threaten U.S. security interests—it is an uncertainty of a U.S. self-inflicted nature. In truth, the old law, i.e., currently existing codified and customary international legal principles, can quite sufficiently regulate the lawful use of these systems. Any confusion surrounding this subject is, in reality, due to the consistently self-serving and highly questionable manner in which the U.S. government has both interpreted and applied these norms. Before turning to a discussion of the relevant legal issues, however, it would be helpful to briefly examine the basic nomenclature of commonly U.S.-deployed UAVs.

scholarly journals THE THEORY OF NECESSITY IN SHARIA LAW

2019 ◽  
pp. 307-323
Author(s):  
Senad Ćeman
Keyword(s):  
Islamic Law ◽  
Scientific Field ◽  
Legal Norms ◽  
Legal Principles ◽  
Comprehensive Theory ◽  
Sharia Law

The theory of necessity (ḍarūra) questions the relations between norm and person, condition and regulation, permissible and forbidden, useful and harmful, variable and immutable, important and irrelevant. It is a comprehensive theory, applicable in all fields of Islamic law. In the theory of necessity, reason forms a whole with the Text, logic with Revelation, and everlasting Sharia values with juridical flexibility. The theory of necessity is studied within the scientific field of Methodology of Islamic law and the jurisprudence of legal principles, while its importance lies in the fact that when standardized, regulations become part of the general Sharia legal norms.

scholarly journals OVERCOMING LEGAL NIGILISM, RESOLUTION OF LEGAL CONFLICTS AND RESTRICTION OF LAW ABUSING- VALIDITY BASIS OF LAW FORMATION

2020 ◽  
Keyword(s):  
Civil Society ◽  
Legal System ◽  
Legal Status ◽  
Legal Culture ◽  
Exclusion Zone ◽  
Legal Norms ◽  
Legal Principles ◽  
The Law ◽  
Real Assets ◽  
Abuse Of Law

The aim of the article is to investigate the reasons of legal nihilism and abuse of law origin, to find the optimal ways of overcoming these negative legal phenomena and, as a result, to solve legal conflicts in the activity of state authorities and local self-government, their officials, providing recommendations on introducing liability for law abusing. The process of establishing respect to the law is primarily connected with overcoming legal nihilism, legal conflicts and abuse of law limitation. Legal nihilism retards the decent development of the legal system, encumbers the access of society members to legal values and becomes a serious obstacle on the way of the formation of civil society. Specificity of any legal conflict lays in the fact that is its features and peculiarities are shown, seen and characterized from the position of law, specific legal norms and their requirements, decrees, orders to be perceived and evaluated differently by subjects of law A sense of respect together with legal awareness allows a person logically, reasonably, rationally evaluate and find the most suitable way of behavior and legitimate actions. When manifesting real respect here operates one of the important legal principles of civil society - respect for the rights and freedoms of others as their own. This principle is based on the necessity to keep away from any actions (inaction) so directly or indirectly worsening social or legal status of an individual. We mean here exclusion of not only unlawful actions, but also the facts of rude misuse of law. Factors of rude misuse of law are real assets of law practice, therefore, when understanding problems related to the establishment and development of legal awareness, legal culture, and respect for the law, it is necessary to consider the fact that legislation doesn`t forbid to do evil and is the abuse of law in its purest form. And it cannot be avoided, since law shouldn`t be ubiquitous, otherwise a person would be completely deprived of freedom. However, a civil society, betaking spiritual and moral potential capabilities, can create a certain exclusion zone for people challenging law abusing.

scholarly journals LOCATION OF ADMINISTRATIVE LEGAL RULES IN LEGAL REGULATION OF HUMAN PROVISION OF COURT AND EXPERT OFFICES OF UKRAINE

2019 ◽  
Vol 20 (2) ◽  
pp. 176-189
Author(s):  
S. Gasparian
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Professional Staff ◽  
Proper Selection ◽  
Legal Norms ◽  
Legal Principles ◽  
Legal Rules ◽  
Forensic Expertise ◽  
Qualified Personnel ◽  
Specialized Institutions

Proper selection and placement directly affect the effectiveness of forensic activities and are impossible without taking into account all factors related to their staffing, in particular, the administrative and legal framework of staffing. The key role in the process of forensics is played by state specialized institutions and expert services, which are required by law to carry out forensic activities. Legal regulation of staffing of judicial and expert institutions is carried out in accordance with the norms of international and European law, the Constitution of Ukraine, the codes of Ukraine, laws and by-laws. The administrative and legal principles of training of qualified personnel for carrying out forensic expert activity are analysed. It is noted that the Law of Ukraine «On Forensic Expertise» regulates the training of specialists for state specialized institutions conducting judicial examinations, is carried out by higher education institutions; specialization and advanced training are conducted at courses and special institutions of relevant ministries and other central executive bodies. The peculiarities of the training of forensic experts in the systems of the Ministry of Health of Ukraine and the Ministry of Internal Affairs of Ukraine are considered. Ministry of Justice of Ukraine. In addition to those conducted exclusively by state specialized institutions (namely, forensic, forensic and forensic psychiatrists), forensic examinations may also be involved in the forensic examinations, which are not employees of these institutions, and the conditions under which they may exercise such activity The place of administrative and legal norms in the legal regulation of CSCE staffing is characterized and it is noted that not only the progress but also the results of the reforms taking place in Ukraine depend on the proper selection and placement of the CSCE professional staff. It is stated that it is expedient to divide the above normative legal acts, which comprehensively regulate the staffing of judicial and expert institutions of Ukraine, by the scope of action (general, special).

scholarly journals Unresolved and Unresolvable? Tensions in the Refugee Regime

2019 ◽  
Vol 33 (1) ◽  
pp. 45-56 ◽  
Author(s):  
Megan Bradley
Keyword(s):  
Moral Values ◽  
National Interests ◽  
Legal Norms ◽  
Legal Principles ◽  
Critical Step ◽  
Moral Duties ◽  
Durable Solutions ◽  
Context Specific

AbstractWorldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity.

PENEGAKAN HUKUM TERHADAP PELAKU USAHA AIR MINUM DALAM KEMASAN YANG TIDAK DILENGKAPI IJIN EDAR GUNA MENJAGA KEAMANAN PANGAN

2020 ◽  
Vol 17 (1) ◽  
pp. 1-10
Author(s):  
A.A. Sagung Ngurah Indradewi
Keyword(s):  
Drinking Water ◽  
Food Security ◽  
Food Safety ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Norms ◽  
Legal Principles ◽  
Bottled Drinking Water ◽  
Water Companies ◽  
Administrative Sanctions

The problems described in this study is law enforcement against bottled drinking water business actors not equipped with marketing permits to maintain food security and what factors are obstacles to law enforcement against bottled drinking water business operators that are not equipped with marketing permits in order to maintain food safety.              This type of research is normative legal research that is moved from the absence of legal norms or legal principles. The absence of legal norms in this study is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection which does not explicitly regulate bottled drinking water business actors that are not equipped with a marketing authorization to maintain food safety. This study uses a statutory approach and a case approach.              The conclusion of this study is the law enforcement against bottled drinking water business actors that are not equipped with a marketing permit to maintain food security, namely by confiscating and destroying bottled drinking water without a distribution permit in maintaining food security based on statutory regulations namely Law Number 18 Year 2012 concerning Food, besides that, administrative sanctions are also given, namely warning letters and statements to bottled water companies that have not yet completed distribution licenses. Inhibiting factors in law enforcement against bottled drinking water business actors that are not equipped with marketing permits to maintain food safety are bottled drinking water companies that are unwilling to be inspected, implementation of supervision conducted by the Central Agency for Drug and Food Supervision, lack of supervisory personnel from the Food and Drug Supervisor, consumers do not understand the rights and obligations as consumers and retailers or retailers of bottled drinking water products are less responsible for their obligations. Keywords  :  Business actors in bottled drinking water, consumer protection, distribution permit.

scholarly journals The Constitutional Right to Health Protection in Belarus

2020 ◽  
Vol 13 (2) ◽  
pp. 217-236
Keyword(s):  
Right To Health ◽  
Health Protection ◽  
Legal Regulations ◽  
Legal Norms ◽  
Legal Principles ◽  
Fundamental Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
Further Development

The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.

scholarly journals PENERAPAN ASAS NEBIS IN IDEM DALAM PERKARA PERBUATAN MELAWAN HUKUM OLEH MAHKAMAH AGUNG ATAS UPAYA HUKUM LUAR BIASA “PENINJAUAN KEMBALI”

2020 ◽  
Vol 2 (1) ◽  
pp. 75-90
Author(s):  
Hariadi
Keyword(s):  
Supreme Court ◽  
Legal Norms ◽  
Legal Principles ◽  
The Supreme Court ◽  
Case Number

This study aims to find out how the Supreme Court decidescases of unlawful acts with the principle of nebis in idem andthe basis for consideration of the Supreme Court justicesexamining and deciding Case Number 405 PK / Pdt / 2017,related to the principle of nebis in idem. This research is a typeof normative law, with a normative juridical approach, namelydoctrinal law research which refers to legal norms. emphasizessecondary sources of material, both regulations and legaltheories, and examines legal principles that are scientifictheoretical in nature and can be used to analyze the problemsdiscussed. The method of analysis of normative legal researchis in the form of a prescriptive method, namely a method ofanalysis that provides an assessment (justification) of theobject under study whether it is true or false, or what shouldbe according to law.

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