scholarly journals PRINCIPLES OF POLICE ACTION IN POLICE LAW

2019 ◽  
Vol 4 (85) ◽  
pp. 84
Author(s):  
Aleksandrs Matvejevs

The author of the article study problems of enforcement and implementation of principles in activities of police and mechanisms of implementation of principles in activities conducted by police. Its mean that the operations of the police shall be organised observing lawfulness, humanism, human rights, social justice, transparency and an undivided authority, and relying on the assistance of the public. The police shall protect the rights and lawful interests of persons irrespective of their citizenship, social, economic and other status, race and nationality, gender and age, education and language, attitude towards religion, political and other convictions. The police, by its operations, shall ensure the conformity with the rights and freedoms of persons. Restriction of such rights and freedoms shall be permitted only on the basis of law and in accordance with procedures specified in law. Author discloses the meaning and content of the principles of the organization and activities of the police, enshrined in the law. The authors also stress out particular disadvantages of law ”On Police” and make suggestions how to improve it.

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.


2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.


2016 ◽  
Vol 4 (77) ◽  
pp. 26
Author(s):  
Edgars Golts

There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.


2021 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Widhi Handoko

The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to Pancasila justice. The method used in this research is a non-doctrinal method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage rights. Without having to go through an amazing in court, the meaning of the debtor's insolvency should be an examination in court or through amazing regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, by the view of appreciation for human values or human rights awards in the form of equality before the law to be able to realize a just bankruptcy execution that can protect the interests of separatist creditors while protecting debtors from losses resulting from bankruptcy.


Author(s):  
Zainal Arifin Hoesein

<p>Materi muatan hukum selayaknya mampu menangkap aspirasi masyarakat yang tumbuh dan berkembang bukan hanya yang bersifat kekinian, melainkan sebagai acuan dalam mengan Ɵ sipasi perkembangan sosial, ekonomi, budaya dan poli Ɵ k di masa depan. Norma hukum pada dasarnya inheren dengan nilai-nilai yang diyakini oleh masyarakat, tetapi daya kekuatan keberlakuan hukum, Ɵ dak dapat melepaskan diri dari kelembagaan kekuasaan, sehingga hukum, masyarakat dan kekuasaan merupakan unsur dari suatu tatanan masyarakat. Oleh karena itu, Hukum Ɵ dak sekedar dipahami sebagai norma yang menjamin kepasa Ɵ an dan keadilan tetapi juga harus dilihat dari perspek Ɵ f kemanfaatan. Oleh karena itu, maka pembentukan hukum dalam perspek Ɵ f pembaruan hukum harus difokuskan pada dua hal yaitu, sistem hukum dan budaya hukum. Tulisan ini akan membahas bagaimana idealisasi peraturan perundang-undangan; bagaimana fungsi peraturan perundang-undangan dalam pembangunan hukum; dan bagaimana pendekatan metodologis terhadap pembentukan hukum. Dari berbagai pembahasan tersebut disimpulkan bahwa pembentukan hukum dalam perspek Ɵ f pembaharuan hukum, di samping harus memperha Ɵ kan aspek metodologis, juga harus merujuk dan meletakkan norma hukum dalam kesatuan harmoni ver Ɵ kal dengan aspek teologis, ontologis, posi Ɵ vis Ɵ k dan aspek fungsional dari suatu norma hukum.</p><p>The substance of the law should be able to capture the aspira Ɵ ons of the people who grow and develop not only be present, but as a reference in an Ɵ cipa Ɵ on of the social, economic, cultural and poli Ɵ cal future. The rule of law is essen Ɵ ally inherent to the values that are believed by the public, but the validity of the power of the law, not to break away from the ins Ɵ tu Ɵ onal power, so the law, society and power is an element of a society. Therefore, the law does not merely understood as a norm that ensures certainty and jus Ɵ ce but also to be seen from the perspec Ɵ ve of expediency. Therefore, the legal establishment in the perspec Ɵ ve of legal reform should be focused on two things, namely, the legal system and legal culture. This paper will discuss how the idealiza Ɵ on of laws, how the laws func Ɵ on in the development of the law, and how the methodological approach to the legal establishment. It was concluded that the forma Ɵ on of the law in the perspec Ɵ ve of legal reform, in addi Ɵ on must pay a Ʃ en Ɵ on to methodological aspects, should also refer to and put the rule of law in the unity of ver Ɵ cal harmony with aspects of the theological, ontological, posi Ɵ vist and func Ɵ onal aspects of the rule of law.</p>


2020 ◽  
Vol 13 (5) ◽  
pp. 219-252
Author(s):  
A. Zhebit

The article is focused on the problem of human rights (HRs), limited or derogated from, due to the Covid-19 pandemic. While addressing some HRs limitations, derogations and even abuses, and their consequent problems, the aim is to try to analyze policy, social, moral and personal dilemmas of HRs restrictions as well as motivations behind the types of public and social behavior, in the course of the pandemic, in response to the public measures of sanitation, social distancing and confinement, travel restrictions and social assistance, recommended by the WHO and selectively followed by governments. Learning from some old experience and deriving new lessons from the pandemic, as well as from public and social actions and reactions, the purpose of the present article is to assess whether or not public health policies in this context, implemented nationally or internationally, can promote change in the HRs paradigm in the face of the existing dilemmas and dichotomies in HRs, aggravated by the pandemic. The conclusion is that the extant HRs paradigm should be redefined to address better the political, social, economic, environmental and, especially, existential exigencies of “rainy times”, thus leading to the creation of a new universal HRs code or to harmonizing the existing one.


Author(s):  
Obie Clayton ◽  
June Gary Hopps

The National Association of Social Workers (NASW) affirms a social worker’s responsibility to social change and social justice on behalf of vulnerable and oppressed peoples (NASW, 2008). Because of this directive around social justice, it is the profession’s responsibility to make connections between individual human rights issues within the broader social, economic, and cultural context that creates conditions where injustice can take place. This article attempts to illustrate how social workers in the twenty-first century must be able to recognize and emphasize human rights in their practice on a local, national, and international level. The article also shows the need for social workers to be the catalyst bringing attention to the need to craft solutions to human rights violations that take into account global human rights standards.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Jibril ◽  
Arvel Mulia Pratama ◽  
Jinan Raidangi

Abstract: Land Acquisition for Development in the Public Interest in Indonesia still often causes polemic, as is still often found in various mass media. The problem in the implementation of land aquisition is because the Law of the Republic of Indonesia Number 2 of 2012 concerning Land Aquisition for Development in the Public Interest, and the Presidential Regulation that follows it, has not rigidly stipulated the basis for determining the compensation value used to determine the compensation value. This research was conducted by making a comparison between ius constitutum and in concreto events in the field. Primary data in this study were obtained byinterviewing several sources in August 2017, which can be accounted for, while the secondary data were obtained byliterature studies. Based on the research, it is known that there is injustice in determining the value of compensation to the entitled parties. Seeing this, the author tried to describe the existing problems and provide solutions tailored to the situation and conditions in land aquisition in Indonesia. This was intended to actualize the value of social justice in the aquisition of land for development in the public interest in Indonesia.Intisari: Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum di Indonesia masih sering menimbulkan polemik, sebagaimana yang masih kerap ditemui dalam berbagai media massa. Permasalahan dalam pelaksanaan pengadaan tanah disebabkan karena Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, serta Peraturan Presiden yang mengikutinya belum mengatur secara rigid tentang dasar penetapan nilai ganti kerugian yang digunakan untuk menetapkan nilai ganti kerugian. Kajian ini dilakukan dengan melakukan komparisi antara ius constitutum dengan peristiwa in concreto yang ada di lapangan. Data primer dalam kajian ini diperoleh dari hasil wawancara dari beberapa narasumber pada Agustus 2017 yang dapat dipertanggungjawabkan dan data sekunder dalam kajian ini diperoleh dari studi kepustakaan. Berdasarkan penelitian diketahui bahwa terdapat ketidakadilan dalam penetapan nilai ganti kerugian terhadap pihak-pihak yang berhak. Melihat hal tersebut penulis mencoba menguraikan permasalahan yang ada dan memberikan solusi yang disesuaikan dengan situasi dan kondisi dalam pengadaan tanah di Indonesia. Hal ini dimaksudkan untuk mengaktualisasikan nilai keadilan sosial dalam pengadaan tanah bagi pembangunan untuk kepentingan umum di Indonesia 


Africa ◽  
2002 ◽  
Vol 72 (1) ◽  
pp. 55-83
Author(s):  
Bonny Ibhawoh

AbstractThis article examines the tensions and contradictions in the use of law as an instrument of coercion to consolidate British control in Nigeria and the legitimising rhetoric of human rights and social justice employed within the context of the operation of the law. The article explores the effects of laws introduced mainly to foster British colonial hegemony against the background of the aspiration to guarantee social justice and forge a ‘modern’ regime of rights and liberties for native subjects in the colony. It probes the circumstances that made the rhetoric of rights and liberty imperative for both the colonial regime that employed it to legitimise empire and the African elites who appropriated it to strengthen their demands for representation and self-rule. The aim is not so much to show how the colonial state fell short of its own liberal agenda as to examine the appeal ofthat agenda and the conditions that made it so central to the colonial project.


2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.


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