scholarly journals A study on the Right to Medical Treatments for the Military Members and the Improvement of the Law

2016 ◽  
Vol 49 (null) ◽  
pp. 791-824
Author(s):  
조성제
2002 ◽  
Vol 28 (2-3) ◽  
pp. 325-343
Author(s):  
Ruth K. Miller

In civilian life, an individual has the right to refuse medical treatment in almost any circumstance. While a patient who refuses treatment may face adverse consequences such as prolonged illness, our society recognizes the importance of individual choice in health matters. Members of the military, however, enjoy no such right. Service members are required to submit to certain medical treatments as a part of their employment contract. Refusing such treatments is disobeying an order, and the service member then faces the prospect of a dishonorable or “other than honorable” discharge, and even imprisonment. Disobeying an order to receive treatment can thus result in the equivalent of a felony conviction on the individual's employment history forever.


2014 ◽  
Vol 46 (3) ◽  
pp. 581-584 ◽  
Author(s):  
Sarah Abrevaya Stein

In the spring of 1902, Miryam bint Lalu Partush appealed to military representatives in Ghardaïa, in the Mzab Valley (a valley of five fortified oasis cities in the northern Algerian Sahara, six hundred kilometers south of Algiers), for the paperwork that would allow her to undertake a six-month pilgrimage to Jerusalem with her husband, the wealthy merchant Musa (Moshe) bin Ibrahim Partush. Miryam Partush was unusual in possessing the means for such a rare, costly voyage; but notwithstanding her class, Partush's legal status was typical of most Muslims and southern Algerian Jews in Algeria. She was not a citizen, nor did she hold official papers of any kind. When Miryam Partush appealed to the military authorities in Ghardaïa, then, she was appealing for many things: for the right to leave her native valley and travel to the port of Algiers; for the papers that would allow her to cross colonial boundaries; and for the documentation that would register her liminal legal identity. Authorizing her travel, Algeria's governor-general named Partush a “non-naturalized Jew from the Mzab.” Thus did Partush embark on her six-month journey with a negative legal identity: this Jewish woman was definable, in the eyes of the law, only by what she did not possess.


Ad-gnosis ◽  
2019 ◽  
Vol 8 (8) ◽  
pp. 11-20
Author(s):  
Nelson Cano Holguín ◽  

The Colombian conflict has been one of the longest running disputes in the Western world. Although the signing of the peace treaty in 2016 gave hope back to the territory, this process did not happen overnight, so it was necessary to go through a historical journey to get the results today, where one of its fundamental milestones was the law of victims and the framework for peace. Through a review of the literature, this article seeks to analyze the impact on the Colombian conflict and the dynamics of the actors involved from the perspective of the law of victims. Among the most significant findings is that the Victims’ Law should not be seen as a panacea to solve all the country’s problems. Few recognize that it is a first step in the right direction, and the government’s courage to take it must be stressed. In that sense, the authorities must show good intentions, imagination and political will to allow the military response on the one hand, and generate and implement initiatives and policies with facts on the other hand.


Head Strong ◽  
2020 ◽  
pp. 14-36
Author(s):  
Michael D. Matthews

Military members serve in a wide variety of specific jobs that mirror civilian organizations, such as transportation, accounting, and law enforcement. They also serve in jobs unique to the military involving combat. A major contribution of military psychology is developing tests to aid the military in both screening out candidates unable to perform in a military setting, and once they are in the military, assigning them to jobs in which they may perform at their best. This chapter reviews how psychologists developed some of the first aptitude tests, used to select and assign personnel during World War I, to emerging developments in the twenty-first century that focus on noncognitive skills, including grit, hardiness, character, and a host of other attributes.


2021 ◽  
Vol 5 ◽  
pp. 36-57
Author(s):  
Vanessa Brown

Drawing from United Nations Security Council Resolutions on Women, Peace and Security and the Vancouver Principles, this paper highlights key factors to be addressed in military training and education to ensure that military members are adequately prepared to protect children affected by conflict and to enhance military capabilities to participate in the prevention of the recruitment and use of child soldiers.  Informed by feminist theories and analysis, this paper argues that military professionals are better prepared for the protection of children when they are given the opportunity to explore gender concepts in relation to their own socialization to the military and if they are provided with the right theories and tools to understand and respond to gender and intersectional dynamics of children and armed conflict. The paper suggests that while content that illuminates gender constructs and their relation to the security of children is crucially important, determining the right pedagogic approaches that support the effective training and education of military professionals is equally vital.


2021 ◽  
Vol 10 ◽  
pp. 1422-1429
Author(s):  
Jamin Ginting ◽  
◽  
Axel Victor Christian

Law Number 31 Year 1997 regulates the jurisdiction of the Indonesian Military Court to handle military members who commit a general crime and military crime based on the Indonesian Penal Code and Indonesian Military Code respectively. However, the General Court also retains jurisdiction over the military members who commit a general crime based on the Indonesian Penal Code. In comparison, Indonesian Civilians who commit a general crime based on the Indonesian Penal Code are only under the General Court. This condition is against the principle of equality before the law as stated in Article 28D.1 of the 1945 Constitution. Indonesia as a state of law must hold this principle. Authors use normative legal research to solve the law issues by reviewing the related laws and the law principles in Indonesia.


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».


Author(s):  
ARTAN QERKINI

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1833
Author(s):  
Rihantoro Bayu Aji

 AbstractActually the existence of foreign investment in Indonesia is not new phenomenon, due to foreign investment exist since colonialism era.The existence of foreign investment is still continuing to Soeharto era until reformation era. Spirit of foreign investment in colonialism era, Soharto era, and reformation era are different. Foreign investment in colonialsm era just explore of nation asset and ignore of nation welfare, and this matter is different from the character of foreign investment in Soeharto era also reformation era. Eventhough the involvement of foreign investor have any benefits to the host country, but on the other hand foreign investment have business oriented only whether the investment is secure and may result of profit. Refer to The Law Number 25 Year of 2007 Concerning Investment (hereinafter called UUPM) can not be separated from various interest that become of politic background of the law, even the law tend to liberalism of investment. Liberalism in the investment sector particularly of foreign investment basically exist far from issuing of UUPM, and the spirit of liberalism also stipulate in several rules among others The Law Number 5 Year of 1999 Concerning Prohibitation of Anti Trust and Unfair Competition, The Law Number 22 Year of 2001 Concerning Oil and Gas, The Law Number 7 Year of 2004 Concerning Water Resource, and also The Law Number 30 Year of 2009 Concerning Electricity.   Many rules as mentioned above has liberalism character and also indicator opposite wit the right to manage of the state to nation asset that relate to public interest as stipulated in the Indonesia Constitution. Actually the issuing of UUPM in case of implementation of article 33 Indonesia Constitution (UUD NRI 1945). Due to opportunity by Government to foreign investment as stipulate by article 12 UUPM and also the existence of many rules as well as The Law Number 5 Year of 1999 Concerning Prohibitation of Anti Trust and Unfair Competition, The Law Number 22 Year of 2001 Concerning Oil and Gas, The Law Number 7 Year of 2004 Concerning Water Resource, and also The Law Number 30 Year of 2009 Concerning Electricity, so the foreign investment that relate to public service is more exist in Indonesia. The existence is reflected many foreign companies. Free of foreign investment relate to public service is opposite with spirit of article 33 Indonesia Constitution. Keywords: Foreign Investment, Right of  State, Article 33 Indonesia Consitution AbstrakEksistensi penanaman modal asing (investasi asing) di Indonesia sebenarnya bukan merupakan fenomena baru di Indonesia, mengingat modal asing telah hadir di Indonesia sejak zaman kolonial dahulu.   Eksistensi penanaman modal asing terus berlanjut pada era orde baru sampai dengan era reformasi. Tentunya semangat penanaman modal asing pada saat era kolonial, era orde baru, dan era reformasi adalah berbeda. Penanaman modal asing pada saat era kolonial memiliki karakter eksploitatif atas aset bangsa dan mengabaikan kesejahteraan rakyat, hal ini tentunya berbeda dengan karakter penanaman modal asing pada era orde baru, dan era reformasi. Sekalipun kehadiran investor membawa manfaat bagi negara penerima modal, di sisi lain investor yang hendak menanamkan modalnya juga tidak lepas dari orientasi bisnis (oriented business), apakah modal yang diinvestasikan aman dan bisa menghasilkan keuntungan. Melihat eksistensi Undang–Undang Nomor 25 Tahun 2007 tentang Penanaman Modal (UUPM) tidak dapat dilepaskan dari beragam kepentingan yang mendasari untuk diterbitkannya undang–undang tersebut, bahkan terdapat kecenderungan semangat dari UUPM lebih cenderung kepada liberalisasi investasi. Liberalisasi pada sektor investasi khususnya investasi asing pada dasarnya eksis jauh sebelum lahirnya UUPM ternyata juga tampak secara tersirat dalam beberapa peraturan perundang–undangan di Indonesia. Perundang–undangan tersebut antara lain Undang–Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, Undang–Undang Nomor 22 Tahun 2001 tentang Minyak Dan Gas Bumi, Undang–Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air, dan Undang–Undang Nomor 30 Tahun 2009 tentang Ketenagalistrikan.Banyaknya peraturan perundang–undangan yang berkarakter liberal sebagaimana diuraikan di atas mengindikasikan bahwa hak menguasai negara atas aset bangsa yang berkaitan dengan hajat hidup orang banyak sebagaimana diamahkan oleh Undang–Undang Dasar 1945 (Konstitusi) mulai “dikebiri” dengan adanya undang–undang yang tidak selaras semangatnya. Padahal, UUPM diterbitkan dalam kerangka mengimplementasikan amanat Pasal 33 Undang–Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945). Dengan adanya peluang yang diberikan oleh pemerintah kepada investor asing sebagaimana yang diatur dalam Pasal 12 UUPM ditambah lagi dengan adanya Undang–Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, Undang–Undang Nomor 22 Tahun 2001 tentang Minyak Dan Gas Bumi, Undang–Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air, dan Undang–Undang Nomor 30 Tahun 2009 tentang Ketenagalistrikan, maka investasi asing yang berhubungan dengan cabang– cabang yang menguasai hajat hidup orang banyak semakin eksis di Indonesia. Terbukanya investasi asing atas cabang–cabang produksi yang menguasai hajat hidup orang banyak tentunya hal ini bertentangan dengan konsep hak menguasai negara sebagaimana diatur dalam Pasal 33 UUD NRI 1945. Kata Kunci: Investasi Asing, Hak Menguasai Negara, Pasal 33 UUD NRI Tahun          1945


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