US-Nicaragua relations may sour post-election

Subject The impact of the Nicaraguan Investment Conditionality Act. Significance In late September, the US House of Representatives approved a new legislative proposal called the Nicaraguan Investment Conditionality Act (NICA). The NICA is designed to prevent the government of President Daniel Ortega from gaining access to international financing until he introduces reforms "that promote democracy, strengthen the rule of law, respect human rights, and celebrate free, fair, and transparent elections supervised by electoral observers." Impacts US-Nicaragua relations will deteriorate further, particularly if Washington criticises an Ortega victory in November. The lack of international observers at the polls will exacerbate concerns, lending weight to US efforts to curtail international funding. Protests against the Nicaragua canal will increase, with many using them to express their general opposition to the Ortega government.

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.


2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.


Subject European Commission concerns about the rule of law in Poland. Significance The Commission has sent a formal Opinion to the Polish government, activating the first stage in the EU's 'Rule of Law Framework'. It expresses concerns about respect for the rule of law in Poland (a fundamental founding value of the EU), and in particular about the Polish government's handling of the crisis over the Constitutional Tribunal (TK, for Trybunał Konstytucyjny) Impacts Poland's EU position is likely to suffer as a result of the dispute, making it more difficult for it to achieve other political goals. Polish politics will remain unsettled and polarised, with the opposition using the Commission's Opinion to challenge the government. Legal uncertainty may translate into lower investment by individuals and enterprises dampening economic growth in the medium-to-long term.


Significance The erosion of the rule of law and systemic corruption have not had a substantial impact on capital attraction. Despite occasional anti-capitalist rhetoric and measures to expel foreign companies in some sectors such as media, banking and energy, the government makes individual deals with multinational firms and tries to accommodate them into a 'new normal' based on loyalty to it. Impacts Prime Minister Viktor Orban’s Fidesz party has a slightly better chance of winning the elections than its main rival. Hungary would adopt a tough position towards China if the united opposition won the election. Germany’s pragmatic and economy-first approach to Hungary will not change following its own September 27 elections.


Subject Economic implications of the midterms. Significance The US elections this month enjoyed the highest voter turnout for midterms in more than a century and left the Republicans retaining control of the Senate and Democrats regaining the House of Representatives. Healthcare and immigration eclipsed the economy as the top factors affecting voters for the first time in a decade. Democrats did well in suburban districts, making about 75% of their gains in such areas. Republicans strengthened in rural communities despite the impact of the US-China trade dispute on agriculture. Impacts Trump can pursue trade policy changes despite a divided Congress -- making it more likely the tariffs will persist into 2019 or escalate. The House and Senate could join forces to approve a bill reducing prescription drug prices. The leaders of the House and Senate have met to discuss infrastructure but will struggle to attract large-scale private financing.


2020 ◽  
Vol 8 (`10) ◽  
pp. 266-281
Author(s):  
Hadry Harahap ◽  
B. F. Sihombing ◽  
Adnan Hamid

The purpose of this research is to analyze the impact of the Omnibus Law/Job Creation Act related to the discussion process and post-endorsement by the legislature, the House of Representatives of the Republic of Indonesia. This research uses the normative juridical method, which is a legal research conducted by examining library materials. or secondary data and carried out with descriptions, measurements and accurate reporting of the characteristics of some of the phenomena under study. The findings of this study are that the government and legislature in the process and discussion tend to conflict with the 1945 Constitution article 1 paragraph (3), article 27 paragraph (1), and article 28 paragraph (5) and Law No.12 of 2011. regarding the Formation of Legislative Regulations as updated by Law No.15 of 2019 . Pancasila as a philosophische grondslag is stated in the Preamble of the 1945 Indonesian Constitution which means that Pancasila is positioned as a source of constitutional law in Indonesia, is an inspiration for the formation of the rule of law in Indonesia.  As a result, civil society organizations oppose and reject this regulation so that it is hoped that President Joko Widodo can issue a Government Regulation in Lieu of Law.


2020 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
ADHITYA WIDYA KARTIKA ◽  
SUTRISNO SUTRISNO

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>


Subject The PiS government's first four months. Significance Politics is deeply polarised; the right-wing Law and Justice (PiS) government's opponents accuse it of undermining democracy and the rule of law, concerns echoed by the European Commission. Its costly social spending pledges appeal to Poles frustrated that they have not shared in economic growth. Impacts PiS welfare policy will support low-income families, particularly those outside the large urban centres. With no elections due until 2018, the government's position is stable, and it should have no problems passing its legislative programme. The rule-of-law dispute with the Commission will cost the government time and political capital responding to international criticisms.


Significance The president’s statement reflects a widespread crisis of trust in the government a week after investigative journalist Jan Kuciak was found shot dead with his fiancee Martina Kusnirova. It was the first known murder of a journalist in Slovakia. While the opposition has demanded the resignation of Interior Minister Robert Kalinak and his police chief Tibor Gaspar, the coalition government’s stability is most severely threatened by resignations within its leading party, Direction-Social Democracy (Smer-SD), and its moderate coalition partner, Most-Hid. Impacts Relations between the government and the non-party president will deteriorate following the latter’s call for early elections. The international spotlight has again been thrown on the state of the rule of law and corruption in Slovakia. Despite concerns, Slovakia continues to attract FDI, particularly into the automotive sector. Slovakia’s continued fast GDP growth (the European Commission forecasts 4% for 2018) may buttress support for the government.


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