scholarly journals Segurança jurídica para a inovação pública: a nova Lei de Introdução às Normas do Direito Brasileiro (Lei no 13.655/2018)

2020 ◽  
Vol 279 (2) ◽  
pp. 209
Author(s):  
Juliana Bonacorsi de Palma
Keyword(s):  
Public Sphere ◽  
The State ◽  
Main Argument ◽  
Legal Certainty ◽  
Public Servants ◽  
Legislative History ◽  
Academic Production ◽  
The Law ◽  
Operational Dimension

<p>Legal certainty for public innovation: the new Brazilian Law’s Introduction Act (Law No. 13,655 OF 2018)</p><p> </p><p>RESUMO</p><p>Este artigo busca apresentar uma leitura instrumental da recém-editada Lei no 13.655/2018, que altera a Lei de Introdução às Normas do Direito Brasileiro (LINDB) e lhe confere uma nova dimensão operacional: no âmbito público, para reforço da segurança jurídica e melhoria da qualidade das decisões públicas. O artigo analisa a agenda de pesquisa e produção acadêmica que incitou o processo legislativo que resultou na Lei no 13.655/2018, e também as alterações que o projeto sofreu no Congresso Nacional para demonstrar que a lei decorre de uma agenda voltada a viabilizar a inovação na administração pública. A tese central do texto é a de que a Lei no 13.655/2018 consiste em uma lei de planos, públicos e privados, que viabiliza o desenho de soluções jurídicas com maior criatividade e conforto decisório. No âmbito público, fundamentalmente a previsão de ônus aos controladores e a tutela do gestor público honesto permitem a definição mais efetiva de políticas públicas, contratos, licenças e permissões, entre outras manifestações. Desse modo, pela segurança jurídica, a Nova LINDB viabiliza a inovação pública na medida em que pavimenta o experimentalismo na administração pública, como a assimilação de novas tecnologias em suas atividades prestacionais e o emprego de mecanismos jurídicos atípicos.</p><p> </p><p>ABSTRACT</p><p>This paper tackles the recently enacted Law No. 13,655 of 2018, which changes the Brazilian Law’s Introduction Act and gives it a new operational dimension: foster legal certainty and the quality of public decisions. The paper describes how academic production influenced the Law No. 13,655 of 2018’s draft and its legislative history. The main argument is that the Law No. 13,655 of 2018 is a plan rule, enabling private entities and the State to design solutions with greater creativity for a best problem-solving. In public sphere, the Law legally protects honest public servants aiming at proving them comfort to decide and explore experimental public policies, contracts, licenses, permissions, among other manifestations. Therefore, the Law No. 13,655 of 2018 works for innovation in the State, such as use of technologies and anew administrative solutions.</p><p> </p><p> </p>

The Law of Contract

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Common Law ◽  
World Market ◽  
Contract Law ◽  
The State ◽  
Legal Certainty ◽  
Philosophical Foundations ◽  
The Common ◽  
The Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

scholarly journals ANALISIS KEABSAHAN KEPUTUSAN GUBERNUR JAWA TENGAH NOMOR 660.1/6 TAHUN 2017 TENTANG IZIN LINGKUNGAN KEGIATAN PENAMBANGAN DAN PEMBANGUNAN PABRIK PT SEMEN INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

2018 ◽  
Vol 1 (1) ◽  
pp. 1288
Author(s):  
Arief Hidayat ◽  
Ahmad Redi
Keyword(s):  
Social Justice ◽  
Supreme Court ◽  
The State ◽  
Legal Certainty ◽  
Central Java ◽  
The Supreme Court ◽  
The Law ◽  
Legal Force

The State of Indonesia is a State of Law. But, in fact the ideals of the idea of the State of Law that was built by developing the legal tool itself as a system that is functional and just to achieve community welfare and social justice has not been optimally done. This is reflected in the new Environmental Permit issued by Central Java Governor Ganjar Pranowo (No. 660.1 / 6 of 2017 on Environmental Permit for Mining and Construction Activities of PT Semen Indonesia Plant) is considered to have injured the ideals of the law itself. The new Environmental Permit is contradictory to the content of the Review Judgment issued by the Supreme Court (Supreme Court Verdict Decision Number 99 PK / Tun 2016), because in the ruling it ordered that the Governor Replace the old Environmental Permit, which was issued in 2012 and did not issue New Environmental Permit. The verdict contains the basis of judges' consideration in deciding cases that have reflected fairness and legal certainty. The result of the research on the validity of the Environmental Permit Decree on the Review Judgment issued by the Supreme Court concluded that the decree should be invalid because it is not in line with the decision of the court which has permanent legal force.

KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA

2019 ◽  
Vol 2 (2) ◽  
pp. 414
Author(s):  
Jhon Pridol ◽  
Firman Wijaya
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Legal Certainty ◽  
Travel Agent ◽  
Procedure Code ◽  
The Law ◽  
Court Proceedings ◽  
The Ideal

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

scholarly journals KEMANDIRIAN HAKIM DALAM PERSPEKTIF NEGARAWAN

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 269-284
Author(s):  
Barhamudin Barhamudin
Keyword(s):  
The State ◽  
Data Sources ◽  
Legal Research ◽  
The People ◽  
The Law ◽  
Law And Justice

The purpose of this study was to determine the independence of judges in accordance with Law Number 48 of 2009 in Statesperson's Perspectives. The research is a normative legal research that uses the law approach and the concept approach and data sources in this study are Primary Legal Materials; Secondary Legal Material and Tertiary Legal Material, the study found that all Judges must have the quality of statesmanship not just Constitutional judges, even those judges must behave and behave as statesmen, because judges are required to be impartial or independent in their duties to uphold truth based on law and justice. Judges must have the knowledge and expertise in administering the state, sufficient field of experience, and commitment to carry out and oversee the life of the state in accordance with the constitutional corridor. The judges are essentially statesmen, if seen from their duties and functions to uphold law and justice, not for the interests of others other than for the interests of the state, are not the elements of the state reflected in the interests of the people. Judges have the freedom to carry out their duties judicially and only answer to God.

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals “ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
pp. 84-89
Author(s):  
T. O. Kolomoiets
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Foreign Experience ◽  
Legal Standards ◽  
Foreign Countries ◽  
Broad Approach

The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.

scholarly journals PERBUATAN PIDANA BUGHAH DALAM HUKUM PIDANA ISLAM

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Riswadi Riswadi
Keyword(s):  
Environmental Factors ◽  
Islamic Law ◽  
The State ◽  
Color Differences ◽  
Muslim Intellectuals ◽  
The Law ◽  
To Receive ◽  
The Relationship

During this time, the issue bughah; separatists; the plots tend to receive less attention among Muslim intellectuals. Bughah deeds have made part of a crime (against the law). In Islamic law, a criminal act bughah also still have a different understanding. There is mention, that act bughah set with criminal types had, qishas or criminal ta'zir. Restrictions specified types of criminal is understood in terms of the act, the relationship with the rights, or any other cause in connection with the action against the state or government. Therefore, the range of possibilities can contain different perceptions and motives when trying to explain the quality of the act bughah. Similarly, environmental factors, socio-historical, cultural and political developments also color differences in terms of the substance of the type of criminal act bughah category. Kata kunci: pidana, bughah dan pidana Islam

scholarly journals ZEMSTVO REFORM IN RUSSIAN EMPIRE AND ZEMSTVO MOVEMENT IN TOBOLSK GOVERNORATE

2019 ◽  
pp. 113-121
Author(s):  
M. V. Ugryumova
Keyword(s):  
Population Density ◽  
Local Authority ◽  
Russian Empire ◽  
The State ◽  
Public Servants ◽  
Historical Experience ◽  
Central Cities ◽  
Reform Period ◽  
The Law ◽  
Law Making

The article addresses the Zemstvo Reform of 1864 and the Zemstvo Counterreform of 1890 in Russian Empire, in particular, the features and conditions of zemstvo introduction and implementation, including population density and educational requirements, remoteness of territories from central cities and their proximity to the state borders. It is shown that Siberia received zemstvo neither during the reform period, nor during the counter-reform period due to the lack of population that would want a compensation for the losses incurred by the abolition of serfdom. Particular attention was paid to the analysis of the movement for introduction of zemstvo in the Tobolsk governorate. The law-making activity of the State Duma deputies was closely considered since Siberian deputies stirred the zemstvo question. Proposals on introduction of zemstvos by prominent deputies of the Tobolsk governorate N.L. Skalozubov, N.A. Ushakov, I.Ya. Ufimtsev and Governor A.P. Lappa-Starzhenetsky are given for reference. Today, the historical experience in local self-government in the conditions of constantly evolving local authority setup is interesting to historians, office holders, public servants and analysts alike, which explains the relevance of the study.

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