scholarly journals Legal Construction of Anti-Eco-Slapp Reinforcement In Indonesia

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 721
Author(s):  
Mia Banulita ◽  
Titik Utami
Keyword(s):  
Public Participation ◽  
Environmental Policies ◽  
The State ◽  
Good Faith ◽  
State Responsibility ◽  
Not Given ◽  
Healthy Environment ◽  
Faith Based ◽  
Administrative Action ◽  
Legal Construction

SLAPP does not only occur in the environmental sector but in any situation which act aims to stop or eliminate public participation in aggression against certain policies. In the environmental sector, it is referred to as Eco-SLAPP which aims to provide fear, silence, and intimidation toward people who commit aggression against environmental policies and/or certain interests through reporting/complaints or lawsuits to court. Therefore, the Anti-Eco-SLAPP concept in Law Number 32 of 2009 was raised to provide protection against the act of Eco-SLAPP since it harms people who fight for good and healthy environment. Unfortunately, weakness is found in Law Number 32 of 2009 regarding substance and process in fulfilling Anti Eco-SLAPP. In terms of substance, Article 2 letter a Law Number 32 of 2009 has not given the state responsibility to implement Anti Eco-SLAPP, Article 66 Law Number 32 of 2009 has not regulated good faith as the reason a person cannot be prosecuted criminally or sued civilly, protection from administrative action, and motion strike/dismissal process and SLAPP Back, to prevent early Eco-SLAPP actions. In addition, the implementation of Anti Eco-SLAPP is often misinterpreted since it is unable to distinguish pure criminal acts and actions to fight for the environment based on good faith. Based on this, it is necessary to construct an Anti Eco-SLAPP law based on the weaknesses of the existing Law Number 32 of 2009, so as to reinforce the implementation of Anti Eco-SLAPP in Indonesia.

reviews Harry Judge's Faith-based Schools and the State

FORUM ◽  
2002 ◽  
Vol 44 (3) ◽  
pp. 123
Author(s):  
Derek Gillard
Keyword(s):  
The State ◽  
Faith Based ◽  
Faith Based Schools

scholarly journals The Conservation and Management of the Cultural Heritage of Thailand: The Drafting of the Charter

MANUSYA ◽  
2006 ◽  
Vol 9 (2) ◽  
pp. 95-102
Author(s):  
Weeraphan Shinawatra
Keyword(s):  
At Risk ◽  
Cultural Heritage ◽  
Public Participation ◽  
The State ◽  
Heritage Conservation ◽  
Folk Culture ◽  
Government Organizations ◽  
Cultural Heritage Conservation ◽  
Conservation And Management

This paper is an attempt to explain problems of cultural heritage conservation and management in Thailand due to the neglect of the State and the weakness of the society in understanding and protecting their cultural heritage especially the “folk culture” against globalization. The paper also points out that the impending Thailand Charter for cultural heritage conservation and management is the key solution to counterbalance today’s threats. Non-government organizations should take the lead in drafting the Charter with full public participation. Meanwhile local cultural heritage organizations which are at risk should immediately respond, with all stakeholders involved, before it is too late.

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 446-484
Keyword(s):  
Due Process ◽  
The State ◽  
State Responsibility ◽  
Responsibility Attribution ◽  
Content Type ◽  
Host State ◽  
Fair And Equitable Treatment ◽  
Municipal Law ◽  
Equitable Treatment ◽  
Debt Recovery

446Jurisdiction — Investment — Derivative transactions — Interpretation — Claims to money used to create an economic value — Claims to money associated with an investment — Whether a hedging agreement constituted an investment under the BITJurisdiction — Investment — Territorial requirement — Derivative transactions — Whether a hedging agreement satisfied the condition of territorial nexus to the host StateJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Salini test — Contribution to economic development — Regularity of profit and return — Whether a hedging agreement constituted an investment — Whether all five elements of the Salini test were legal criteria for an investment under ICSID jurisdictionJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Ordinary commercial transaction — Contingent liability — Whether a hedging agreement was an ordinary commercial transaction or a contingent liabilityJurisdiction — Contract — State-owned entity — Municipal law — Whether a hedging agreement was void because the transaction was outside a State-owned entity’s statutory authorityState responsibility — Attribution — Judicial acts — ILC Articles on State Responsibility, Article 4 — Whether a superior court was an organ of the host StateState responsibility — Attribution — Central bank — ILC Articles on State Responsibility, Article 4 — Whether a central bank was an organ of the host StateState responsibility — Attribution — State-owned entity — ILC Articles on State Responsibility, Article 4 — ILC Articles on State Responsibility, Article 5 — ILC Articles on State Responsibility, Article 8 — Whether a State-owned entity was an organ of the State — Whether actions of a State-owned entity were attributable to the State as an exercise of governmental authority — Whether a State-owned entity was acting under instructions or the direction and control of the StateFair and equitable treatment — Judicial acts — Due process — Interim order — Political motive — Whether court orders violated the standard of fair and equitable treatment — Whether public statements of a senior judge evidenced the political motive of court ordersFair and equitable treatment — Autonomous standard — Interpretation — Minimum standard of treatment — Whether the standard of fair and equitable treatment was materially different from customary international law447Fair and equitable treatment — Government investigation — Due process — Bad faith — Transparency — Whether a central bank’s investigation violated the standard of fair and equitable treatmentExpropriation — Indirect expropriation — Contract — Derivative transaction — Substantial deprivation — Debt recovery — Municipal law — Whether the subsistence of a contractual debt and the possibility to claim under the chosen law of a third State prevented a finding of expropriation — Whether the possibility of recovery in a third State was to be assessed as a prerequisite in the cause of action of expropriation or as a matter of causation and quantumExpropriation — Indirect expropriation — Contract — Substantial deprivation — Legitimate regulatory authority — Proportionality — Whether an interference with contractual rights was an exercise of the host State’s legitimate regulatory authority — Whether the regulatory measures were proportionateRemedies — Damages — Causation — Contract — Debt recovery — Whether the claimant suffered damages if it had the possibility to recover a contractual debt in the courts of a third StateCosts — Indemnity — Egregious breach — Bad faith — Whether the egregious nature of the host State’s breaches of its international obligations meant the claimant was entitled to full recovery of its costs, legal fees and expenses

Leviathan on a Leash

2020 ◽  
Author(s):  
Sean Fleming
Keyword(s):  
International Relations ◽  
Political Thought ◽  
Sovereign Debt ◽  
New Technologies ◽  
Thomas Hobbes ◽  
The State ◽  
State Responsibility ◽  
Modern Politics ◽  
Starting Point ◽  
The World

States are commonly blamed for wars, called on to apologize, held liable for debts and reparations, bound by treaties, and punished with sanctions. But what does it mean to hold a state responsible as opposed to a government, a nation, or an individual leader? Under what circumstances should we assign responsibility to states rather than individuals? This book demystifies the phenomenon of state responsibility and explains why it is a challenging yet indispensable part of modern politics. Taking Thomas Hobbes' theory of the state as a starting point, the book presents a theory of state responsibility that sheds new light on sovereign debt, historical reparations, treaty obligations, and economic sanctions. Along the way, it overturns longstanding interpretations of Hobbes' political thought, explores how new technologies will alter the practice of state responsibility as we know it, and develops new accounts of political authority, representation, and legitimacy. The book argues that Hobbes' idea of the state offers a far richer and more realistic conception of state responsibility than the theories prevalent today and demonstrates that Hobbes' Leviathan is much more than an anthropomorphic “artificial man.” The book is essential reading for political theorists, scholars of international relations, international lawyers, and philosophers. It recovers a forgotten understanding of state personality in Hobbes' thought and shows how to apply it to the world of imperfect states in which we live.

scholarly journals All in it Together? Community Food Aid in a Multi-Ethnic Context

2017 ◽  
Vol 46 (3) ◽  
pp. 447-471 ◽  
Author(s):  
MADELEINE POWER ◽  
BOB DOHERTY ◽  
NEIL SMALL ◽  
SIMON TEASDALE ◽  
KATE E. PICKETT
Keyword(s):  
The State ◽  
Food Distribution ◽  
Food Aid ◽  
Religious Institutions ◽  
Religious Groups ◽  
Big Society ◽  
Faith Based ◽  
The North ◽  
Demographic Context

AbstractThis paper derives from a study of community food aid in a multi-ethnic, multi-faith city in the North of England. The paper begins to make sense of the diversity of types of food insecurity assistance, examines the potential exclusion of certain groups from receipt of food aid, and explores the relationship between food aid providers and the state. Faith-based food aid is common in the case study area, particularly among food bank provision to the most ‘destitute’ clients. While food aid is adopting service responsibilities previously borne by the state, this does not imply an extension of the ‘shadow state’. Rather, it appears reflective of a pre-welfare state system of food distribution, supported by religious institutions and individual/business philanthropy, but adapted to be consistent with elements of the ‘Big Society’ narrative. Most faith-based providers are Christian. There is little Muslim provision of (or utilisation of) food aid, despite the local demographic context. This raises concerns as to the unintentional exclusion of ethnic and religious groups, which we discuss in the concluding sections.

scholarly journals Ryszard Piotrowicz, Asylum Seekers, Good Faith and the State (Osoby ubiegające się o ochronę międzynarodową, dobra wiara i państwo), „International Journal on Minority and Group Rights” 2013, vol. 20, iss. 2 (opr. Agnieszka Narożniak)

2019 ◽  
pp. 174
Author(s):  
Agnieszka Narożniak
Keyword(s):  
Asylum Seekers ◽  
The State ◽  
Good Faith ◽  
Group Rights

Ryszard Piotrowicz, Asylum Seekers, Good Faith and the State (Osoby ubiegające się o ochronę międzynarodową, dobra wiara i państwo), „International Journal on Minority and Group Rights” 2013, vol. 20, iss. 2 (opr. Agnieszka Narożniak)

scholarly journals EFFECT OF SKY YOGA AND PRANAYAMA ON EMOTION AMONG COLLEGE GIRLS

2019 ◽  
pp. 1-2
Author(s):  
S. Neelavathy ◽  
R. P. Balasubramania
Keyword(s):  
The State ◽  
Psychological Effects ◽  
Control Group ◽  
Not Given ◽  
Psychological Change ◽  
Group I ◽  
State Of Mind ◽  
Before And After ◽  
Post Test ◽  
Experimental Group

Emotion is the ability of a person to express the state of mind which he is, but when a person is mentally, physically, emotionally, and spiritually unstable results in a psychological change and helpless on situations. The purpose of the study was to nd out Effect of SKY yoga and pranayama on emotion among college girls .To achieve the purpose of the study 45 College girls were selected randomly from Coimbatore as the subjects. The subject's age ranged from 18 to 21 years. . The selected subjects were divided into 3 groups. Experimental Group I under went on sky yoga only & Experimental Group II went on pranayama only for 50 minutes per day, six days a week for 12 weeks. The control group was not given any practice. The pre-test and post-test were conducted before and after the training for all three groups. The data collected from the groups before and after the training period were statistically analysed by using Analysis of Co-Variance (ANACOVA) to determine the signicant difference and tested at 0.05 level of signicance. The result of the study showed that there was signicant improvement in the emotion of the Experimental Groups I, II subjects than the Controlled group. Through the SKY yoga and Pranayama Emotion got controlled. The conclusion was that SKY yoga controlled emotions and got reduced the psychological effects depression and stress etc. among college girls.

scholarly journals MEMBANGUN AKUNTABILITAS ORGANISASI BANTUAN HUKUM

2013 ◽  
Vol 2 (1) ◽  
pp. 107
Author(s):  
Mosgan Situmorang
Keyword(s):  
Secondary Data ◽  
The State ◽  
Legal Services ◽  
Not Given ◽  
Legal Aid ◽  
State Budget ◽  
The Public ◽  
Primary Material ◽  
The Government ◽  
Secondary Materials

<p>Dalam Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum dikatakan bahwa pemberi bantuan hukum adalah lembaga bantuan hukum atau organisasi kemasyarakatan yang memberi layanan bantuan hukum. Jasa hukum yang diberikan kepada penerima bantuan hukum adalah cuma-cuma, dalam ar Ɵ mereka Ɵ dak mendapat upah dari pihak yang dibantunya, namun pemerintah akan memberikan dana bantuan untuk se Ɵ ap kasus yang ditangani yang besarnya disesuaikan dengan jenis kasusnya. Dana bantuan tersebut memang Ɵ dak akan diberikan kepada semua organisasi bantuan hukum, tetapi hanya kepada organisasi bantuan hukum yang sudah memenuhi syarat sesuai dengan Undang-Undang Bantuan Hukum. Karena dana tersebut berasal dari Anggaran Pendapatan dan Belanja Negara, maka tentu saja akuntabilitas organisasi bantuan hukum yang menerima dana tersebut harus dapat dipertanggung jawaban kepada masyarakat. Tulisan ini adalah berupa kajian norma Ɵ f, dengan demikian data yang digunakan adalah data sekunder berupa bahan primer yakni peraturan perundang undangan, utamanya Undang-Undang Nomor 16 Tahun 2011 dan undang- undang lain yang terkait serta bahan sekunder berupa bahan kepustakaan dan data dari internet. Dalam peneli Ɵ an ini disimpulkan bahwa Undang- Undang Bantuan Hukum sudah dapat mengan Ɵ sipasi perlunya akuntabilitas organisasi bantuan hukum tapi masih perlu di Ɵ ngkatkan dengan cara membuat aturan-aturan yang mendukung terciptanya akuntabilitas tersebut terutama peraturan mengenai standar bantuan hukum.</p><p>In Law No. 16 Year 2011 regarding Legal Aid, stated that legal aid provider is a legal aid organiza Ɵ on or community organiza Ɵ ons that provide legal aid services. Legal services provided by the legal aid organiza Ɵ on is free in the sense that they do not get paid from those who helped. However, the government will provide fi nancial assistance for each case handled that amount is in accordance with the type of case. The grant is not given to all legal aid organiza Ɵ ons but only to a legal aid organiza Ɵ on that has been quali fi ed in accordance with the Legal Aid Act. Because these funds come from the state budget of course accountability of legal aid organiza Ɵ ons receiving funds must be able to be an answer to the public. This paper is a norma Ɵ ve review, thus the data used are secondary data from the primary material i.e laws and regula Ɵ ons, especially Law No. 16 of 2011 and other laws related and secondary materials in the form of the literature and data from the internet.This study concluded that the Legal Aid Act was able to an Ɵ cipate the need for accountability of legal aid organiza Ɵ ons but it is need to be improved by making rules that favor the crea Ɵ on of accountability mainly standard rules regarding legal aid.</p>

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