scholarly journals Legal Liability of the Deputies to NPC for Selling Ballots

Author(s):  
Zhou Heng

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 20-27
Author(s):  
Arif Hidayat

Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.


2018 ◽  
Vol 2 (2) ◽  
pp. 110
Author(s):  
Nur’l Yakin Mch

The increasing number of White Group (Abstentions) in every election in Indonesia which is the country's lack of nomokratic indicates people in using their voting rights. When attempts were made government in various ways such as dissemination of the importance to follow the election, but still a high percentage of non-voters there are indications tend to increase. Not only that, a lot of people who misinterpret and fail to understand what is meant in the legislation on the use of the right to vote in the election, it may be because the law is written textual status right but not the obligation to vote. While the Shura offer an alternative in solving this problem, namely the implementation of laws obligation to choose a leader.


2018 ◽  
Vol 14 (4) ◽  
pp. 757
Author(s):  
Khairul Fahmi

Hak memilih dan dipilih merupakan hak konstitusional warga negara yang diakui sebagai bagian dari hak atas kedudukan yang sama dalam hukum dan pemerintahan sebagaimana dijamin UUD 1945. Sebagai hak konstitusional, jaminan pelaksanaan hak tersebut diatur dalam Undang-Undang terkait pemilu anggota legislatif, pemilu Presiden dan Wakil Presiden maupun pemilihan kepala daerah.Pengaturan hak itu berada diantara dua paradigma yang saling tolak tarik. Dengan menggunakan metode penelitian hukum normatif, kajian ini mendalami pergeseran paradigma pengaturan hak dimaksud. Pembentuk undang-undang berangkat dari paradigma bahwa hak tersebut harus dibatasi, termasuk dengan menggunakan alasan-alasan objektif demi menghasilkan pejabat publik yang berintegritas dan pemilu yang fair. Dalam perjalanannya, melalui proses pengujian undang-undang, paradigma dimaksud justru digeser ke arah menghilangkan pembatasan yang demikian, karena dinilai melanggar hak konstitusional warga negara. Pergeseran yang terjadi berimplikasi pada hadirnya produk legislasi pemilu yang cenderung lebih liberal. Di mana, pembatasan hak pilih hanya boleh dilakukan berdasarkan alasan ketidakcakapan. Sementara aspek lain yang dinilai sebagai batasan untuk menghasilkan pejabat politik yang profesional dan tidak cacat moral tidak boleh lagi diadopsi sebagai alasan pembatasan. Dengan begitu, siapapun yang akan terpilih, memiliki cacat moral/hukum atau tidak, semua tergantung kepada pemilih yang memegang hak suara. Undang-Undang sebagai produk hukum tidak lagi dapat digunakan sebagai instrumen untuk menyaring calon-calon pejabat politik yang dipilih melalui pemilu.The right to vote and the right to be a candidate are citizens’ constitutional rights, recognized as part of the right to be equal before the law and government; secured in the Indonesian constitution of UUD 1945. As constitutional rights, the guarantee on the exercise of these rights is regulated in related Laws on the elections of legislative members, president-vice president, and regional election. The regulation on these rights lies between two ever-tugging paradigms. By means of normative legal method, this Study explores the shift of the paradigm on the regulation of the said rights. Legal drafters stand on the paradigm that says these rights ought to be limited, including by applying objective excuses that are meant to create integrity public officials and fair election. In implementation, by means of judicial review, such paradigm is – in fact – shifted to the omission of such paradigm for the limitation is deemed as a violation to the citizens’ constitutional rights. The occuring shift creates an implication to the existence of election legislations that are inclined to be more liberal, where the limitation of suffrage and candidate eligibility can only be exercised in the case of incompetence. Whereas other aspects that are rated as limitations to the yielding of professional and morally-flawless political officials may no longer be adopted as excuses for the limitation. Hence, whoever wins the vote, whether s/he is morally or lawfully-flawed, will depend on the bearers of suffrage. The Laws as legal products may no longer be applicable for use as instruments to sift candidates of political officials that are elected through elections.


Author(s):  
Saim Aksnudin

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.


2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.


2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.


2021 ◽  
pp. 251660692110546
Author(s):  
Tyrone Kirchengast

All too often, the law fails victims because it is placatory and unenforceable. The law fails to provide real support and redress when victims need it. Recent international attention has moved to consider the benefits of a victims’ law, one that provides for recognition, dignity and respect for victims by enhancing victim agency through a type of justice which is both substantive and enforceable. It aims to provide higher levels of transparency and accountability of public officials, including the police, prosecution and courts. Such a law builds upon previous attempts at enforceable rights by ascribing a more comprehensive human rights framework compatible with the fair trial process, by granting victims the right to be informed, present and heard within the investigative and trial process more broadly. This article will consider the feasibility of a victims’ law by examining what it offers the recently addressed or emerging forms of victimization. Three examples trending on the #victimslaw hashtag are selected for analysis—domestic and gendered violence; modern slavery and servitude; and coercive control, cyber-abuse and harm. The extent to which a victims’ law provides a meaningful way of ratifying international standards and norms against domestic law and policy is assessed against the needs of those most vulnerable victims of abuse and neglect.


2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.


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