scholarly journals On the Development of State Legal Phenomena Fundamental Typology

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 108-118
Author(s):  
P. V. Vasilev
Keyword(s):  
Empirical Study ◽  
Actual State ◽  
Legal Research ◽  
Independent State ◽  
Legal Entity ◽  
Legal Science ◽  
Internal System ◽  
Elementary State ◽  
Modern Russian

The problem of methodologically untenable studies of state legal reality is presented as part of the crisis of the Russian legal science. The forms of this problem include: legal research (theses in particular) where the actual state legal phenomena are defined as certain categories; objectively existing properties of such phenomena are not reflected in the empirical study while theoretical constructions represent a creative modification to the thoughts of other researchers to obtain the desired degree of formal originality (the method of composition of such works is sometimes referred to as the "method of distorting plagiarism"); a discourse on the understanding of state-legal phenomena, turning into debates about the concepts and failing to result in any scientific or applied socio-legal outcome. Overcoming the crisis phenomena in modern Russian legal science is possible on the grounds of scientifically based methodology that can limit creative voluntarism. A typology of state-legal phenomena, and subsequently of all legal phenomena, can become part of such a methodology. The criterion of the presence/absence of internal system connections can become fundamental for their typification, according to which two basic types of statelegal phenomena can be distinguished: elementary and systemic. Elementary state legal phenomena can not be divided into independent phenomena that have their own legal significance, but assume the presence of such in their composition. Elementary state legal phenomena are divided into substantive, dynamic and relational (connections and isolations) according to the criterion of the specificity of the legal entity. The integrative properties of systemic state-legal phenomena are determined by both the properties of their components and the structure, which should be considered using the categories "connection" and "isolation". Communication and isolation are presented as independent state-legal phenomena, and not as properties of such. The properties of isolation are dialectically opposed to the properties of communication.

Review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood”

2021 ◽  
pp. 182
Author(s):  
Lyudmila Yu. Grudtsyna
Keyword(s):  
Russian Empire ◽  
The State ◽  
Legal Research ◽  
Legal Traditions ◽  
Legal Problems ◽  
Scientific Schools ◽  
Legal Science ◽  
The Russian Empire ◽  
Further Development

The review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood", dedicated to the 300th anniversary of the proclamation of the Russian Empire, is given. One of the main tasks of the event was to bring together representatives of science from different states, different scientific schools and directions to solve topical historical and legal problems of the state and law. Following the results of the congress, a declaration was adopted, in which the importance of continuing legal research of domestic state-legal traditions was noted, the main directions for the further development of historical and legal science were outlined.

scholarly journals Mekanisme Pembubaran Partai Politik di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 239-242
Author(s):  
Ramot H.P Limbong ◽  
I Gusti Bagus Suryawan ◽  
I Nyoman Sutama
Keyword(s):  
Political Parties ◽  
Criminal Liability ◽  
Primary Source ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Research ◽  
Legal Entity ◽  
Preliminary Examination ◽  
The Status ◽  
Legal Arguments

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

scholarly journals Penerapan Asas Hakim Aktif (Dominus Litis) dalam Persidangan di Pengadilan Tata Usaha Negara (Studi Kasus Putusan No.1/G/2017/PTUN.DPS.)

2021 ◽  
Vol 2 (1) ◽  
pp. 27-32
Author(s):  
Ni Komang Dewi Novita Indriyani Weda ◽  
I Made Arjaya ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Active Role ◽  
The State ◽  
Legal Research ◽  
Legal Entity ◽  
Trial Process ◽  
State Administration

In the judiciary the Judicial State Administration plays a more active role in the trial process in order to obtain material truth. The activist of the judge is intended to compensate for the unequal position of the parties, namely the Defendant is an entity or official of the State administration and the Plaintiff is an individual or civil legal entity. In this research there are two main problems, namely (1) how is the Procedure for Making a Gathering in the State Administrative Court? (2) How is the application of the principle of active judge (dominus litis) in the stage of proof at the trial? The research method used is normative legal research with a legal approach.

scholarly journals Dynamics of Sharia Cooperative Regulation in Indonesia

2021 ◽  
Vol 6 (2) ◽  
pp. 224-235
Author(s):  
Muhammad Fikri Aufa ◽  
Wempy Setyabudi Hernowo ◽  
Dewi Nurul Musjtari
Keyword(s):  
Financial Institutions ◽  
Job Creation ◽  
Research System ◽  
Journal Articles ◽  
Legal Research ◽  
Legal Entity ◽  
Library Research ◽  
Microfinance Institution

The development of Sharia Cooperatives in Indonesia has experienced a significant increase. Islamic cooperatives are one of the alternatives for some members who will build cooperatives based on several sharia principles. The establishment of sharia cooperatives has encountered conflicts, which are not only in Law Number 25 of 1992 on Cooperatives but are also regulated in Law Number 1 of 2013 concerning Micro Financial Institutions. The formulation of the problem of this research is to find legal clarity in the registration and establishment of a sharia cooperative legal body. The research system used in reviewing the registration and establishment of the legal body of Islamic cooperatives uses normative legal research, which is called library research. From the results of this research, the establishment of a sharia cooperative legal body still refers to Law Number 25 of 1992 concerning Cooperatives as replaced by Law Number 11 of 2020 concerning Job Creation. This is because the Microfinance Institution Law only states that the cooperative is a form of MFI legal entity and does not control in detail the cooperative. This system uses statutory provisions as special legal material and is supported by secondary legal materials in the form of books and journal articles.

scholarly journals Interrelation of theoretical concepts of jurisprudence and legal practice (using the example of the category «legal subjectity»)

2021 ◽  
pp. 94-99
Author(s):  
V. A. Sichevliuk
Keyword(s):  
Practical Experience ◽  
Correct Interpretation ◽  
Legal Practice ◽  
Public Authorities ◽  
Basic Principles ◽  
Legal Entity ◽  
Theoretical Concepts ◽  
Legal Science ◽  
Organizational Integrity ◽  
Legal Entities

The article discusses the interrelation between theoretical concepts of jurisprudence and legal practice on the exampleof the category «legal subjectity». With an indication of real practical situations, the necessity of implementing the relevant theoretical achievements of legal science in the standards of practical legal activity is justified. It is noted that at the level of practice the integral content of legal categories, principles and other theoretical concepts of jurisprudence is inevitably operationalized and takes the form of terms. At the same time, the requirement for the unambiguity of the latter creates a constant need for practice in interpreting their content. The correct interpretation of the terms involves a combination of the achievements of theory and practical experience. Deviation from this rule leads to errors in terminology and mistakes in the interpretation of law. Attention is drawn to the need of using in the texts of judicial, administrative, contractual, and other documents the correct wording on the legal subjectity of separated units and governing bodies of legal entities. The contradictions of the notion of «complex legal entity» are also highlighted. Examples are given of how the legislative acts of Ukraine in some cases do not correspond to the basic principles of the legal entity institution, allowing the existence in the internal organizational space of legal entities of other legal entities. It is emphasized that this status of structural subdivisions of organizations and public authorities contradicts the need to ensure their organizational integrity as subjects of law, endowed with a complete kind of legal subjectity, namely «personal legal subjectity». Keywords: theoretical concepts of jurisprudence, category «legal subjectity», legal entity, personal legal subjectity, structural division of a legal entity.

scholarly journals Critisism of The Juridical Positivism Paradigm on The Meaning of Pornography In The Judge Mindset

2018 ◽  
Vol 54 ◽  
pp. 07002
Author(s):  
Erni Wulandari ◽  
Rini Fidiyani
Keyword(s):  
Criminal Code ◽  
Institutional Structure ◽  
Legal Research ◽  
Legal Science ◽  
Social Sensitivity ◽  
Social Theories ◽  
The Law ◽  
Definition Of ◽  
Contextual Meaning ◽  
The Way

Pornographical in the way of lex spesialis was regulated in The Law No. 44/2008 and lex generalis loaded on The Criminal Code. The Judge interpreting pornography refer to textual definition of pornography according to the Law No. 44/2008 according the data founded that dominantly on juridical positivist paradigm. Juridical positivist paradigm is not the only one paradigm that used by the judge, moreover related about pornographical, need the change of appropriate paradigm concerning the judge mindset in interpreting pornography recorded to the judge considerations. The aim of this writing is to criticize the judge mindset and social sensitivity in interpreting and handling pornography. This study used qualitative and socio legal research to reveal the judicial considerations textual-contextually. With exposing the textual-contextual meaning of judge’s considerations, it can be traced to the legal paradigm used by judges and need to use appropriate legal paradigm related to the use of social theories that support it. The judge needs to have a non-doctrinal legal science perspective on the correct legal paradigm reform in giving judges consideration to pornographic cases. Judges are more likely shackled to the institutional structure and establishment of the juridical positivism paradigm.

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 Private Hospital Legal Entity Liability for Negligence in Health Services Based on Doctrine Corporate Negligence

2021 ◽  
Vol 4 (3) ◽  
pp. 117-127
Author(s):  
Seska Pukul
Keyword(s):  
Health Services ◽  
Corporate Responsibility ◽  
Private Hospital ◽  
Literature Study ◽  
Legal Research ◽  
Private Hospitals ◽  
Legal Entity

This study aims to examine the nature of the doctrine of Corporate Negligence for negligence in health services in private hospitals, explain the legal arrangements for negligence in health services in private hospitals and find forms of responsibility for private hospitals for negligence in health services based on the concept of corporate responsibility. Regarding the responsibility of the Hospital for negligence in health services as regulated in Article 46 of Law number 44 of 2009, concerning Hospitals, it is not explained in detail who can represent the Hospital to be legally responsible for the negligence and loss as intended. This research used normative legal research and the literature study was carried out using a series of documentation studies by collecting, reading, studying, making notes, and quotes and reviewing library materials that are related to the problems under discussion. Based on the results, The point of the doctrine Corporate Negligence is to maintain safe and adequate facilities and equipment for patients, to select and retain only competent doctors, to supervise all those who practice medicine within the Hospital to treat patients and to formulate, adopt, and enforce adequate rules and policies for the treatment of patients.

scholarly journals Changes in Corruption Eradication Commission In Legal Sociology Perspective

Corruptio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Joko Sriwidodo
Keyword(s):  
Current Practice ◽  
State Institution ◽  
Public Trust ◽  
Normative Theory ◽  
Legal Research ◽  
Independent State ◽  
The Public ◽  
Library Research ◽  
Legal Sociology ◽  
Laws And Regulations

The Corruption Eradication Commission is an independent state institution whose job it is to carry out the duties and powers of corruption eradication free from any power. The Corruption Eradication Commission was born during the reign of President Megawati, namely through Law No. 30 of 2002 concerning the Corruption Eradication Commission. In 2019 there was a revision of the Corruption Eradication Commission Law, but the revision was opposed by the public, because the change was seen as likely to weaken the Corruption Eradication Commission. Observing the brief description above, the researcher in this paper wants to raise at least 2 problems, namely; 1), Are the three foundations for the formation and amendment of the Prevailing Laws, namely juridical, philosophical and sociological elements that have been fulfilled in the amendment of the Corruption Eradication Commission Law? 2), is the amendment to the Corruption Eradication Commission Law in accordance with the expectations and realities in society from the perspective of legal sociology? This paper would like to try to provide an overview of the Corruption Eradication Commision and the Amendment to the Corruption Eradication Commision Law, both in the prevailing legal normative theory and in current practice. This research is a normative legal research which is carried out through library research. The discussion in the research, if viewed from the aspect of fulfilling the foundation for the formation and changes of laws and regulations, then the amendments to the Corruption Eradication Commision have fulfilled these aspects, namely philosophical, sociological and juridical aspects in which the Corruption Eradication Commision itself has existed for 17 years in carry out its duties and authorities as an agency to eradicate corruption. Meanwhile, from the perspective of legal sociology, the public does not want any changes to the Corruption Eradication Commision, in which the Corruption Eradication Commision is still the institution of public trust in eradicating corruption in Indonesia.

scholarly journals PENERAPAN GUGATAN SEDERHANA (SMALL CLAIM COURT) DALAM PENYELESAIAN PERKARA WANPRESTASI DI PENGADILAN NEGERI SELONG

2020 ◽  
Vol 2 (1) ◽  
pp. 17-40
Author(s):  
ERNA Purnawati
Keyword(s):  
District Court ◽  
Legal Research ◽  
Small Claim ◽  
Breach Of Contract ◽  
Legal Science

This study aims to determine how the application of a simpleclaim court in the settlement of default cases at Selong DistrictCourt, and to find out what aret the obstacles to a small claimcourt in settling default cases at Selong District Court. Thebenefits of this research are expected to provide input in thedevelopment of legal science,especially in the field of civil lawrelated of the settlement of simple lawsuits, especially theclassification of cases breach of contract. The method used inthis research is empirically legal research. The result showedthat the implementation of Perma Number 2 of 2015 andPerma umber 4 of 2019 concerning Procedures for solvingsimple lawsuits at Selong District Court was carried outeffectively with constraints that were more due to theweakness of the Perma itself internally

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