scholarly journals Language and Law

2020 ◽  
pp. 5-7
Author(s):  
Vitaly Sorokin

The article describes the forms of exteriorization of language in law. Language is not considered by the author just as a way of transmitting legal information, but as a guide to the meaning of law. The role of legal definitions in legal services is outlined. Language is correlated with the spirit of the law and the legal process.

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 94
Author(s):  
M Rudi Hartono ◽  
Radi Candra

The existence of advocates as justice seekers at this time is very much needed and important in the life of the community and nation as well as increasing legal awareness and the complexity of legal problems in society. Advocacy is a profession that provides legal services to the public or its clients who face legal problems, both those related to criminal, civil and state affairs. Legal services provided by Advocates can be in the form of legal consultations, legal assistance, legal advice providers, exercising power, representing, assisting, defending, and performing other legal actions for and on behalf of clients. In providing these legal services, an Advocate can carry out it through a prodeo (Free of charge) or obtain an honorarium or payment for services from the client. In general, the position of an advocate is equal to that of other law enforcers such as the judges, prosecutors, and the police. : "Thus, advocates also play an important role in upholding and protecting the law for the community. The proper role of an advocate has been regulated in Law Number 18 of 2003 concerning "Advocates.


MAZAHIB ◽  
2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Siswanto Siswanto ◽  
Havis Aravik

The Law on the Conduct of Hajj Pilgrimage mandates the management of the Hajj pilgrimage is organized by the government. This management includes the coaching, service, and protection of the pilgrims from Indonesia, in Saudi Arabia, to returning to the homeland. This law also stipulates that the authority to conduct Hajj pilgrimage management is not only vested to the Ministry of Religious Affairs but also may involve the local government. This article aims to look at the role of local governments in providing service assistance and legal protection to the conduct of Hajj pilgrimage by means of regional regulations or bylaws. Using a normative approach, this article analyzes the extent to which the importance of bylaws in helping implement services for pilgrims. The results of this study confirm that there are 3 important arguments for why the local government must issue regional regulations to provide legal services and protection for pilgrims. First, philosophically, the pilgrimage journey does not depart from Jakarta only, but through the origin area which is still in the corridors of power of the local government. Second, sociologically, it is a form of the local government responsibility to the local people who perform the Hajj pilgrimage. Third, juridically, bylaws should regulate technical matters in order to provide optimal service in the conduct of the Hajj pilgrimage which is pursuant to the Law and regulations on Hajj pilgrimage in Indonesia.Keywords: legal protection, hajj pilgrims, regional regulation.AbstrakUndang-Undang penyelenggaraan ibadah haji mengamanatkan pengelolaan pelaksanaan ibadah haji yang meliputi pembinaan, pelayanan, dan perlindungan jamaah haji semenjak dari tanah air, di Arab Saudi, hingga kembali ke tanah air. Undang-undang ini juga memerintahkan kewenangan pelayanan masalah haji tidak hanya pada kementerian Agama, namun boleh melibatkan pemerintah daerah. Artikel ini bertujuan untuk melihat peran pemerintah daerah dalam memberikan bantuan layanan dan perlindungan hukum melalui peraturan daerah. Dengan menggunakan pendekatan normatif, artikel ini menganalisis sejauh mana pentingnya peraturan daerah menjadi peraturan di tingkat daerah dalam membantu melaksanakan pelayanan terhadap jamaah haji. Hasil dari artikel ini menegaskan bahwa terdapat 3 argumen penting mengapa Pemerintah Daerah harus mengeluarkan peraturan daerah guna memberikan pelayanan dan perlindungan hukum bagi jamaah haji. Pertama, secara filosofis perjalanan ibadah haji tidak berangkat dari Jakarta, tetapi melalui daerah asal yang masih dalam koridor pemerintah daerah. Kedua, Kedua, secara sosiologis sebagai bentuk tanggung jawab Pemerintah Daerah kepada masyarakat daerah yang menunaikan ibadah haji. Ketiga, secara yuridis PERDA mengatur secara teknis dalam rangka memberikan pelayanan yang optimal dalam penyelenggaran ibadah haji sesuai dengan Undang-Undang Republik Indonesia Nomor 13 Tahun 2008 tentang Penyelenggaraan Ibadah Haji dan Peraturan Pemerintah Republik Indonesia Nomor 79 Tahun 2012 tentang Pelaksnaan Undang-Undang Republik Indonesia Nomor 13 Tahun 2008 tentang Penyelenggaraan Ibadah Haji.Kata kunci: perlindungan hukum, ibadah haji, peraturan Daerah


2019 ◽  
Vol 19 (02) ◽  
pp. 88-91 ◽  
Author(s):  
Daniel Greenberg

AbstractThe role of the law librarian or legal information professional is thought by some to have been diminished significantly by technological advances which provide instant access to an enormous range of materials direct to individual users at their desks. The reality is that the wide range of instantly accessible materials makes the experience and knowledge of the information professional more important, not less; and imminently expected advances in machine learning and artificial intelligence are likely to confirm the vital importance of the legal information professional at the centre of legal services.


2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Mohammad Zamroni

The main role of an advocate is to help clients get a fair legal process. This role gives birth to high expectations of advocates so that clients give full confidence to advocates to represent their interests. But in practice, it is not uncommon for advocates to abuse the trust given by their clients. As recorded in the 2019 PERADI annual report which shows that advocates reported by their clients to the PERADI Honorary Board are increasing. Avocados do have immunity rights as regulated in Article 16 of Law No. 18 of 2003 concerning Advocates jo. the decision of the Constitutional Court through decision No. 26 / PUU-XI / 2013. But of course, advocates cannot always protect their immune rights, especially if advocates violate the law and harm the interests of their clients. This study aims to analyze the legal responsibilities of lawyers who violate the law while carrying out their profession and are bound in a legal services contract. This research is normative legal research. The approach used in this research is the conceptual approach, the legislation approach, and the case approach. This research concludes that even though law violations were carried out by lawyers while carrying out their profession and based on a contract, advocates remain responsible, both civil and criminal. While the right to immunity can only be used as a basis for legal protection when advocates in good faith in defending the interests of their clients.


Author(s):  
John Eekelaar

This chapter analyses the role of relationship responsibility in the law of divorce and parenthood, using a framework that distinguishes historical and prospective responsibility. The former is concerned with attributing blame, the latter with defining roles. For divorce, it argues there are strong reasons why the legal process should not seek to assess blame for marital breakdown. Prospective responsibility is recognized through property and financial allocations after divorce. The grounds for allocating responsibility to specified adults towards children are also examined, including in cases of surrogacy and assisted reproductive technology. It concludes that while people have a responsibility to comply with the law, a fuller sense of responsibility will sometimes demand that people refrain from enforcing their legal rights, or act beyond their legal duties, out of recognition of ‘the other’ and the interests of the community.


Author(s):  
Andre Dwijaya Saputra ◽  
Elwi Danilm ◽  
Yoserwan Yoserwan

The objectives of this study are to: 1) find out and analyze the role of investigator of the Women and Child Protection Unit in applying diversion to children in conflict with the law, 2) determine and analyze the implementation of diversion carried out by the Women and Child Protection Unit against children in conflict with law, 3) identify and analyze the obstacles of investigators of the Women and Child Protection Unit in applying diversion to children in conflict with the law. This research employs the sociological juridical method, a research in the discipline of law that is based on the reality that occurs in society where the type of study in this study is specifically descriptive. The results of this study found that: 1) the implementation of diversion in Padang City Police had been going well where there were 14 (fourteen) cases that were successfully resolved through diversion channels throughout 2015-2017, 2) the implementation of diversion in Padang City Police was guided by the Law on the Criminal Justice System for Children (UU SPPA), Secret Telegram of the Head of the Criminal Investigation Agency of the Republic of Indonesia Police TR/1124/XI/2006 and TR/395/DIT,VI/2008, and Government Regulation No. 65 of 2015, 3) in applying the diversion, Padang City Police investigators faced several obstacles such as: the victim felt that his/her rights were not protected because the suspect was given privileges in the legal process and the victim or his/her family considered the law to be biased and favored the suspect. It is the reason for the failure of deliberation regarding diversion. To anticipate this failure, there are a number of suggestions in which human resources in the Children’s Criminal Justice Unit (PPA) of Padang City Police should be given training in collaboration with the Ministry of Social Affairs in the framework of developing human resource competencies. It is better if the internal police regulations relating to the implementation of diversion are revised and adjusted to the applicable laws and regulations.


Author(s):  
Hubert Treiber

This chapter provides an overview of Max Weber's ideal-typical developmental stages of the law and of the legal process. These stages include charismatic revelation by law prophets; empirical lawmaking and lawfinding by legal honoratiores; imposition of law by the secular imperium and theocratic power; and specialist administration of justice by legally educated jurists, on the basis of scholarly and formally logical education. Here it is a question of developments which ultimately proceed in the West in the direction of rational law, if not always in a linear way, and in which Weber particularly emphasizes, if not overstates, the ‘role’ of logic. For one thing, the development of rational law can have both a material and a formal character; for another, the stage of highest rationality, where Weber's ideal-typical ‘system’ of law is to be found, has, it must be admitted, never actually been reached in history. Moreover, it is important to remember that Weber ‘did not want to write legal history’ in his ‘Sociology of Law’. Rather, his discussion of legal history always has to be read in the light of his cognitive interest, so that ‘when integrated into a sociological or theoretical system of the law, historical detail will always be a little different to what it was before’.


2021 ◽  
pp. 38-40
Author(s):  
Vitaly Sorokin

The article describes the forms of objectification of language in law. Language is considered by the author not just as a way of communicating legal information, but as a mediator of the meaning of law. The role of legal definitions in legal operations is characterized. The language correlates with the spheres of the spirit of law and the legal process. Language is an important nation-forming factor. It is not limited to providing communication between subjects using verbal and non-verbal means. In the legal sphere, the word carries the spirit of law, for it is the embodiment of this spirit. Receiving a linguistic expression, the spirit of law is objectified. At the same time, the legal literature presents a limited view on the functions of language in law. As a rule, they include display function(expression of the will of the legislator outside) and communicative one (bringing this will to the attention of participants in public relations). At the same time, the most important functions of language in law are ignored: system-preserving, meaning-forming and spiritual. At the same time, the author warns against the absolutization of linguistic means in law.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness


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