scholarly journals PENEGAKAN HUKUM TERHADAP PELAKU USAHA KEGIATAN-KEGIATAN YANG DILARANG

2019 ◽  
Vol 3 (2) ◽  
pp. 257-276
Author(s):  
Eka Susylawati

The Law Number 5 of 19991 abaut Monopoly practice and unfair bussines competition is one legal refor claims. It is hoped to be able to regulate a good bussines to build a fair competition. Beside “forbidden commitments” form, the law also regulate “forbidden activities”. The kinds of  forbidden activities are monopoly, monopsony, marketing segment control and conspiracy. In practice, the law enforcement cannot go smoothly because of multi interpretation definition of forbidden activities and bussiness competition control commission (KPPU). KPPU can only give administrative sanction. While the penal, civil law and appeal effort should be through the court. The other problem is related to the small number of KPPU members when compared to the number of bussinesses that must be controlled and spead through out Indonesia.

1984 ◽  
Vol 49 (1) ◽  
pp. 47-50 ◽  
Author(s):  
Frederic B. Fitch

In [3] a definition of negation was presented for the system K′ of extended basic logic [1], but it has since been shown by Peter Päppinghaus (personal communication) that this definition fails to give rise to the law of double negation as I claimed it did. The purpose of this note is to revise this defective definition in such a way that it clearly does give rise to the law of double negation, as well as to the other negation rules of K′.Although Päppinghaus's original letter to me was dated September 19, 1972, the matter has remained unresolved all this time. Only recently have I seen that there is a simple way to correct the definition. I am of course very grateful to Päppinghaus for pointing out my error in claiming to be able to derive the rule of double negation from the original form of the definition.The corrected definition will, as before, use fixed-point operators to give the effect of the required kind of transfinite induction, but this time a double transfinite induction will be used, somewhat like the double transfinite induction used in [5] to define simultaneously the theorems and antitheorems of system CΓ.


Author(s):  
Donald R. Kelley

Centuries of Roman jurisprudence were assembled in the great Byzantine collection, the Digest, by Tribonian and the other editors. Roman law became more formal when during the Renaissance of the twelfth century it came to be taught in the first universities, starting with Bologna and the teaching of Irnerius. The main channels of expansion were through the Glossators and post-Glossators, who commented on the main texts and on later legislation by the Holy Roman Emperors, which included “feudal law,” but also by notaries and other proto-lawyers. Christian doctrine also became part of the “Roman” tradition, and canon and civil law were taught together in the universities as “civil science.” According to the ancient Roman jurist Gaius, “all the law which we use pertains either to persons or to things or to actions,” three categories that exhaust the external human condition—personality, reality, and action. In the nineteenth century, the study of Roman law lost its ideological power and became part of philology and history, at least so concludes James Whitman.


2020 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
Oleksii Soloviov ◽  

The article considers the definition of the insured, which is contained in the Law of Ukraine «On collection and accounting of a single contribution to compulsory state social insurance» and based on this it is concluded that it includes only the persons and the main obligation of the insured – payment of insurance premium and does not establish additional or qualifying features that the insured must have. Given that the social security insurance mechanism was borrowed from civil law, the author examined the definition of the insurer from the standpoint of civil law and concluded that the presence of insurance interest is a prerequisite for determining a person as an insured and proposed his own definition of insurance interest – a certain property interest related to the need to suffer material loss in connection with damage to life, health and ability to work of the insured person as a result of an accident or occupational disease that occurs during the performance or in connection with the performance of certain work in the interests of the insured. The author emphasizes that the insurers in the relationship of social insurance against accidents at work and occupational diseases can be primarily employers. Based on the results of the analysis of the definition of the employer in various regulations, it was concluded that there is a certain inconsistency in science and legislation regarding this term, and therefore the legislative definition of the employer needs to be specified. This made it possible to develop proposals for making the necessary changes to certain regulations that contain this term. The concept and features of a single social contribution are researched. Peculiarities of insurance of persons performing works on the terms of civil law contracts are analyzed. Emphasis is placed on the unresolved issue of the customer - an individual who uses the work of other individuals under a civil contract, but without registering them as a business entity. It is believed that such persons should also act as payers of the single social contribution, and therefore it is necessary to amend the Law of Ukraine «On the collection and accounting of the single contribution to the obligatory state social insurance».


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.


Author(s):  
Edward Lamberti

Chapter 5 considers Barbet Schroeder’s English-language American true-life drama Reversal of Fortune (1990) and his French-language political documentary Terror’s Advocate (2007), two films about lawyers and legal systems. Desmond Manderson refers in his collection Essays on Levinas and Law: A Mosaic (2009) to the ‘mosaic’ of a Levinasian approach to the law, as, sceptical of legal systems but devoted to justice, Emmanuel Levinas posits an ethics that refuses to crystallise into a prescriptive view of how the law should work in respect of the Other. I argue that these two Schroeder films, with their multi-faceted, ‘mosaic-like’ styles and structures, perform this fractured Levinasian refusal to settle on a fixed, simplistic definition of the law’s purpose. I analyse Reversal of Fortune for its multiple story strands and the different visual styles Schroeder deploys to delineate them, along with elements of performance – especially from Jeremy Irons as Claus von Bülow – that complicate questions of otherness. In discussing the documentary Terror’s Advocate, I draw on Stella Bruzzi’s work on performative documentary (2006) to explore how Schroeder uses film style to perform both the bravado of the film’s protagonist, the real-life criminal lawyer Jacques Vergès, and the Levinasian ‘mosaic’ of the legal situations he surveys.


2021 ◽  
pp. 33-48
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.


Author(s):  
David Ormerod ◽  
Karl Laird

This chapter examines the law governing theft. It considers the extent to which the criminal law of theft conflicts with civil law concepts of property; whether it is possible to steal property that belongs to oneself; the types of property that may be stolen; and the extent to which it is possible to provide a definition of ‘dishonesty’. The test for dishonesty has been fundamentally altered by the Supreme Court and the Court of Appeal, developments which are analysed in this chapter.


1987 ◽  
Vol 23 (3) ◽  
pp. 309-323
Author(s):  
Raphael Loewe

Twenty years ago I attempted to clarify thinking about Judaism in proposing a more refined terminology which, if properly used, would eliminate the all too frequent fallacies of equivocation by which discussion is bedevilled (‘Defining Judaism:Some Ground-Clearing’, Jewish Journal of Sociology, VII, 2, 1965, pp. 153–75). It is not my purpose here simply to exhume that article: on the other hand, I do not feel that I can usefully begin again ab initio, since the situation has not been radically transformed as it had been in the thirty years preceding 1965. The two decades since and including the Six Days War have witnessed much entrenchment of position, intensification of doctrinaire assertion, and heightening of enthusiasm, but little inclination (until the Lebanon War began to stimulate it in Israel) towards questioning what have become popularly accepted axioms:and it is still the case that anyone who dares to question the assumption that Israeli national sovereignty now is, and for all time will remain, a sine qua non for the survival of Judaism will not get much of a hearing. What I intend here is to reconsider my earlier findings from the angles of belief, authority, and peoplehood, particularly since I feel that the last-mentioned had perhaps been allowed inadequate weight in my previous endeavour. I consequently repeat here, for convenience of reference, the terminological distinctions proposed in that article, together with the tentative working definition of Judaism with which it concluded. I doubt its usefulness, save from a negative standpoint, i.e. what it excludes. But if we are to consider peoplehood, we need to know who, and what, is a Jew: and the only uniquely valid definition of a Jew that satisfies me is a transmitter of Judaism. The question seems to me otherwise meaningless without some terms of reference, e.g. who is a Jew for purposes of joining synagogue X, or speaking for Anglo-Jewry or world Jewry at forum Y, or qualifying for Israeli citizenship under the law of return, etc. Here, then, is my tentative formula:


2022 ◽  
Vol 5 (4) ◽  
pp. 209-225
Author(s):  
Yu. S. Pestereva ◽  
I. G. Ragozina ◽  
E. I. Chekmezova

The subject. The article considers the role of the Plenum of Russian Supreme in forming judicial practice on the example of giving qualification to the crimes committed against sexual freedom and inviolability, as well as against property and public health.The objective of the article is to conduct a complex analysis of the function of the decisions, taken by the Plenum of Russian Supreme Court, in the formation of a unified vector of judicial practice. The authors dare to refute the hypothesis hat judicial practice can be recognized as a source of law.The methodological basis of the research is the dialectical theory of development and interrelation of phenomena. Historical, formal-logical, systematic methods of knowledge have been identified as relevant to the topic of the study.The main results, scope of application. The authors draw attention to the problem of evaluative features used in the process of law enforcement when interpreting the norms of the Special Part of the Criminal Code of the Russian Federation. A norm with such signs acquires an unformalized essence from the point of view of the boundaries of criminalization of a particular phenomenon. On the other hand, the nature of crimes is so diverse that without the flexibility of criminal law regulation (allowing the use of evaluative features), the application of the norm taking into account specific circumstances in a particular case may not be possible. The authors also consider issues related to the characteristics of the objective side, the end time of these crimes, the application of the formula of a single ongoing crime and its separation from related compounds. The process of law enforcement is based on such guidelines as the norms of law, judicial discretion, established judicial practice, the position of the Plenum of Russian Supreme Court. Attributing an explanatory role to the decisions of the Plenum of Russian Supreme Court does not completely eliminate the shortcomings inherent in legal technology. Correcting the current situation with the help of judicial discretion is not always justified, since this is possible only if there is a legitimate alternative. Assigning the status of a precedent to a judicial decision may lead to the substitution of the law by decisions taken in a particular case.Conclusions. The judicial practice concerning these issues is completely different. Despite the existence of similar situations, courts, as a rule, qualify an offense using various norms of the law, which negatively affects compliance with the principle of legality. The issue related to the function of the decisions of the Plenum of Russian Supreme Court in the formation of a single vector of judicial practice has been and remains debatable. The continued addition of new articles to criminal legislation, on the one hand, indicates the desire of the legislator to bring it to perfection, but, on the other hand, forms a mechanism for clarifying the rules of its application, which sometimes leads to their contradictory interpretation. At the same time, crime and punishment should be determined only by legislation.


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