scholarly journals The Legal Standing of Ulayat Rights and Communal Rights of a Land Based on Knowledge and Kindship of Community System of the Sentani Customary Law in Jayapura Regency, Papua

2021 ◽  
Vol 8 (9) ◽  
pp. 244
Author(s):  
Frans Reumi ◽  
Kadir Katjong
Keyword(s):  
Ethnic Group ◽  
Customary Law ◽  
Individual Rights ◽  
Legal Subject ◽  
Public Rights ◽  
Development Area ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Main Family

The purpose of this research is to show the different implementation of ulayat rights concept and the communal rights of a Land on the customary law community, after the enactment of Permen ATR/Head of BPN No. 10 of 2016., from the aspect of legal subject, object, characteristics, the validity is the same of not on the implementation based on the knowledge and the kindship system of the 9 (nine) ethnic group of customary law community in 12 (twelve) region of customary regency Jayapura, Province of Papua. This research using normative-juridical and empirical-juridical approach with a secondary legal material, observation, and interview, then the analysis has been done qualitatively which the reduction, presentation of legal material and verification. The Result showed that there are a perception differences on the government knowledge and customary law community knowledge of 9 ethnic group in 12 customary region on 4 development area of Jayapura. Especially the customary community of Sentani which are in the one of the development area, knows that the ulayat rights or communal rights is a common rights beside the individual rights, is different on its implementation. It means that for the 9 ethnic group of the customary law community of Sentani the concept of Ulayat rights are broad public rights and limited private rights to land, held and done by the head of the tribe, klen, and the main family, while the concept of communal rights is limited to the public rights and broad on the private of the land which done by the klen and the main family including the individual rights of the customary law community. The recognition of both differences of the concept on the implementation of ulayat rights and communal rights of 9 tribal ethnic group of Sentani on 12 sub-region of customary area of Jayapura, based on the knowledge and the legal system of kinship (the history of origin) genealogically and customary territorial and customary institution (social structure), the system of keondoafian leadership which are run until today, there are no legal certainty as the effort to overcome the differences in the concept of implementing ulayaat rights and communal rights as well as individual rights of the Sentani customary law community, Jayapura.

scholarly journals Economic interpretation of lost due to improper stump-height of trees in Nepal

2020 ◽  
Vol 30 (2) ◽  
pp. 3-10
Author(s):  
T. Subedi ◽  
M. Ghimire
Keyword(s):  
Wood Products ◽  
Fiscal Year ◽  
Timber Production ◽  
Minimum Standard ◽  
Economic Interpretation ◽  
Harvesting Method ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Individual Trees

In recent years, import of timber and other wood products from different parts of the world have been increasing in Nepal. The Government of Nepal aims to be a self-sustain in timber production. In this context, the objective of this study was to estimate efficiency of harvesting practices in Nepal in relation to stump-height. We collected the data on the stump-heights and other biometric characteristics of the trees from different felling sites of Kailali, Kanchanpur, Jhapa and Morang districts of Nepal. The volumes of the individual trees as well as the proportions of the volumes of their stumps with different heights were calculated. Correlation and ANOVA were used to find the significance of the associated factors. The average stump-heights using the conventional felling method and the chain saw method were found to be 0.74±0.17m and 0.46±0.21m, respectively with wider range. The correlation between the stump-height and diameter at breast height (dbh) was found significant. Similarly, the harvesting method, skill and experience of the tree-fellers and tree species were also found to be significant with the stump-heights. On an average, 5% of the total timber production equivalent to one million cubic feet (cft) is lost in the Fiscal Year 2074/075 in Nepal while adopting the conventional method of harvesting because of the higher stump-height than the one prescribed by the Government. The estimated loss was NRs. 2 billion (roughly equivalent to US $ 20 million, @NRS 100 = 1 USD) to the national economy, and the Government had to bear loss of about NRs. 500 million (roughly equivalent to 5 million USD) from the royalty of timber. This amount of loss could be reduced to half by using power chain saw. Lack of skilled laborers, poor implementation of law, and weak knowledge of officials were major causes for losses in harvesting practices. Moreover, about 2% wood volume loss can be avoided, without any further investment, by setting minimum standard stump-height at 15 cm and providing training to the field staff and tree harvesters.

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

scholarly journals Geographical aspects of the changes of Hungary’s deconcentrated state administration system between 1990 and 2012

2013 ◽  
Vol 20 (20) ◽  
pp. 59-69
Author(s):  
Gábor Kozma ◽  
Attila Barta
Keyword(s):  
The Political ◽  
County Level ◽  
Administration System ◽  
State Administration ◽  
Territorial Structure ◽  
History Of ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Selection Of

Abstract One of the most important segments of the post-1990 transformation of territory-based administration in Hungary was the changing of the geographical structure of deconcentrated state administrative organisations. The study, on the one hand, provides a brief overview of the history of deconcentrated state administrative organisations in Hungary, and discusses the regional characteristics of the organisational transformations after the political changes, taking six moments in time (the middle of 1994, 1998, 2002, 2006, 2010 and 2012 respectively) as the basis. On the other hand, using the same six snapshots in time, it examines which settlements experienced favourable or unfavourable changes, and what factors influenced the selection of the seats for these institutions. The results of the survey indicated that the alignment of territorial structure of deconcentrated state administrative organizations to the planning-statistical, NUTS 2 regions has already begun at the end of the 1990s. The government formed in 2006 took significant steps in the area of aligning the spatial structure of the organizations with the planning-statistical regions; however, in the period after 2010 the significance of the county level increased again. In the period examined, no significant changes took place at the top and at the bottom of the list according to the number of seats: the largest settlements of the individual regions reinforced their leading positions.

Paul Ricoeur and International Law: Beyond ‘The End of the Subject’. Towards a Reconceptualization of International Legal Personality

2007 ◽  
Vol 20 (1) ◽  
pp. 25-64 ◽  
Author(s):  
JANNE E. NIJMAN
Keyword(s):  
International Law ◽  
International Institutions ◽  
The Other ◽  
Legal Personality ◽  
Legal Subject ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
International Legal Personality ◽  
Normative Aspect

The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both the individual and the (so central to international law) collective subject. On the other hand, our attempt at reconceptualization has a clear normative aspect. Reconstructing (international) legal personality on the basis of anthropology and ethics as an inextricable part of the identity of a person results in a conception of (international) law as justice. And this means that international legal personality reconceptualized along the lines suggested in this paper functions to develop just international institutions and just international law.

scholarly journals State Immunity, Individual Compensation for Victims of Human Rights Crimes, and Future Prospects

2021 ◽  
pp. 143-157
Author(s):  
Stefan Kadelbach
Keyword(s):  
Human Rights ◽  
International Law ◽  
Customary Law ◽  
Individual Rights ◽  
Humanitarian Law ◽  
State Immunity ◽  
Bona Fide ◽  
Court Proceedings ◽  
State Of Affairs ◽  
The Individual

AbstractThis chapter first recapitulates the state of affairs as to the principle of state immunity and why exceptions from jurisdictional immunity for gross violations of human rights and humanitarian law are not recognized. It explores customary law and the global compensation treaty between Germany and Italy. Both indicate that Italy would be obligated to indemnify Germany from individual claims raised before Italian courts.In a second step, the development towards individual rights in public international law will be taken up. It appears that human beings are increasingly recognized as holders of individual claims but, apart from human rights treaty systems, lack the capacity under international law to invoke their rights before courts. Instead, they depend on their home states, which have standing but are not entitled to waive the individual rights of their citizens.In order to reconcile the seemingly antagonistic regimes of state immunity and claim settlement, prospects for a friendly solution of the present dilemma will be assessed. Against the background of cases pending before Italian courts, it will be examined whether the distinction between jurisdictional immunity and immunity from execution opens up a way out of the impasse, which the two states and private capital could pursue, and whether this solution would create a precedent for other similar constellations.Lastly, some concluding remarks will address lessons to be learnt for future conflicts. They will deal with elements of a general regime of compensation, drawing from the experience of both past reparation schemes and the experience of reconciliation in post-totalitarian societies. Such elements could be a duty to seek bona fide settlements, possible consequences of violations for domestic court proceedings, methods of assessing damages inspired by mass claim processing, the categorization of claims according to the gravity of violations, rules on evaluating evidence, procedures to give victims a say, and appropriate forms of monetary and non-pecuniary compensation including the necessary institutional framework.

scholarly journals 儒家正義論及其對醫療公正問題的啟示

2013 ◽  
Vol 11 (1) ◽  
pp. 45-61
Author(s):  
Shunqing ZHANG
Keyword(s):  
Human Life ◽  
Public Health Care ◽  
Confucian Tradition ◽  
Basic Care ◽  
Healthcare Needs ◽  
Digital Commons ◽  
Confucian Virtue ◽  
The Government ◽  
The One ◽  
The Individual

LANGUAGE NOTE | Document text in Chinese; abstract also in English.正義是一個歷史範疇，任何具有實踐品格的正義理論都只能是與特定道德共同體特殊的善的規定相聯繫的正義論，從這一意義上說，儒家當然也有自己的正義論。儒家正義論是以天道性命的邏輯關係為起點，通過仁、禮、義三維一體的倫理結構而表現的正義論。這種正義論將社會正義與個人正義統一起來，總體上體現為一種“厚生”的思想意識和行動。由於“生”具有不同的實踐領域和境界層次，從而使儒家正義論具有多維的展現向度。把這種正義論應用於醫療公正領域，儒家主張醫療保健政策必須以維護國民的生命意義和完整實現為前提，主張政府應提供一種基礎性的全民性的醫療保障和保健制度。但儒家不認同單級的平等主義的分配制度，而是強調資源的差等分配，但資源差等分配的前提不在於每個人實際的貧富狀態，而取決於人的修德程度或者說後天努力與貢獻的程度。個體對自我生命的完整實現負有天定的義務，因此儒家主張在醫療保健領域應當賦予個體和家庭以更多的自主權。In the West, “justice” is a complex ethical principle, with meanings that range from the fair treatment of individuals to the equitable allocation of healthcare resources. Justice in bioethics is perhaps the most contested and controversial principle. This paper argues that the Confucian notion of justice is neither rights-based nor distributive; rather, it is based on the virtues of humanness and benevolence (ren), correct behavior and propriety (li), and uprightness and appropriateness (yi). Those virtues cherished in the Confucian tradition constitute what can be called a Confucian concept of justice, the primary principle of which is to respect human life. This means that in the healthcare system, the Confucian idea of justice is approached from the perspective of equality and fairness. On the one hand, the government should provide basic care for all persons according to the virtue of humanness/benevolence; on the other hand, the government should allow for diversity and differences in medical treatment and healthcare resource allocation according to the virtues of propriety and appropriateness, given that medical resources are limited and China supports a huge population. In other words, the government has the responsibility of providing public health care to those who cannot afford to pay for their own basic healthcare needs. At the same time, the government should allow for alternatives and should permit people to choose between ways of dealing with their medical issues.Clearly, the language of “rights” is absent from the Confucian tradition. However, this essay argues that because the Western notion of justice, particularly in the legal sense, does not take into account what is good, the Confucian virtue-based justice better fits the cultural milieu of medical practice in China. From the standpoint of Confucianism, healthcare and bio-medical ethics should be more concerned about what is good for society, family, and the individual than about absolute equality or the principle of fair equality, which engender both moral and economic hazards.DOWNLOAD HISTORY | This article has been downloaded 259 times in Digital Commons before migrating into this platform.

scholarly journals The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community

2021 ◽  
Vol 2 (2) ◽  
pp. 141-148
Author(s):  
Alpi Sahari
Keyword(s):  
Land Tenure ◽  
Legal Pluralism ◽  
Customary Law ◽  
Public Welfare ◽  
Land Law ◽  
Economic Democracy ◽  
National Interests ◽  
Positive Law ◽  
The Government ◽  
The One

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

scholarly journals Features of Cross-Cultural Dialogue in the Context of the Problem of National Self-Consciousness

wisdom ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 37
Author(s):  
Ashot Gevorgyan
Keyword(s):  
Ethnic Group ◽  
Ethnic Relations ◽  
Cross Cultural ◽  
The Other ◽  
Modern World ◽  
Stage Of Development ◽  
Cultural Systems ◽  
Cultural Dialogue ◽  
The One ◽  
The Individual

The modern world has reached a stage of development which implies a new level of com­munication between people, and between soci­eties. This has led humanity to unprece­den­ted changes in the area of intercultural communi­ca­tion, and therefore requires new approaches in rela­tion to the investigation and analysis of co­exis­tence phenomena (such as conflict and peace), carries of different cultural systems. Chal­lenges posted by modern trends of globalization, are imposing to all the states the activation of inter-ethnic relations and communication, and this leads to the formation of a common cultural environment. In multiethnic societies reveals a variety of opportunities to communicate with different people, which provides good ground for knowledge about the differences and features, as their own ethnic group and other ethnic groups, and of course, are formed and developed the skills of intercultural communication. An impor­tant factor of this cross-cultural communi­cation is becoming a national or ethnic self-con­sciousness, which differs from the other elements of inter­cultural dialogue, by the fact that on the one hand – on the way to the integration of multi­et­h­nic society, the individual consciously or un­consciously (for himself and others) is perceived as a member of a concrete ethnic group. On the other hand – national self-consci­ous­ness most strongly and more clearly distin­guishes from each other the sides of cross-cul­tural dialogue.

scholarly journals THE ELEMENTS OF PROPORTIONALITY AS A PRINCIPLE OF HUMAN RIGHTS LIMITATIONS

2017 ◽  
pp. 235
Author(s):  
Luka Anđelković
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Major Elements ◽  
Constitutional Court ◽  
Individual Rights ◽  
Important Requirement ◽  
European Court ◽  
Restrictive Measure ◽  
The Government ◽  
The One

The article discusses the elements of proportionality as the most important requirement that must be satisfied in the limitation of human rights. There are four major elements of this principle: legitimacy, adequacy, necessity, and proportionality stricto sensu. Legitimacy means that limitation must pursue a legitimate aim. Adequacy means that the chosen measure must be suitable for achieving that aim. Furthermore, the government may only use the least restrictive measure for achieving the aim, the one that causes least damage to protected rights and interests. In order to be deemed proportionate, the limitation must satisfy the test of proportionality stricto sensu, which means that achieving a particular aim must be important enough to justify the damage which will be caused to individual rights. This article particularly focuses on the application and the significance of these elements in the case-law of the European Court of Human Rights and the Constitutional Court of Serbia.

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