scholarly journals Research into the Status of Special Administrative Regions in China

2021 ◽  
Vol 8 (4) ◽  
pp. 62-75
Author(s):  
N. Symaniuk ◽  
O. Tomberg ◽  
X. Zhang
Keyword(s):  
Research Methodology ◽  
Research Method ◽  
Legal Status ◽  
Current Situation ◽  
Comprehensive Analysis ◽  
Special Place ◽  
Territorial Unit ◽  
Form Of Government ◽  
The Status ◽  
New Form

This article analyzes the legal status of special administrative regions in China. This type of territorial unit occupies a special place and has a specific legal status, which is especially noticeable in relations with the central authorities. The authors focus on the historical prerequisites for the formation of such a legal status and analyze the current situation. A special feature of this study is the research methodology, since a comprehensive analysis requires the use of a mixed research method. The conclusions reached by the authors can be used to formulate a new form of government.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

scholarly journals Registration of the Legal Status of Korean Migrants in Russia in the 80s 19th Century

2021 ◽  
Vol 38 ◽  
pp. 95-101
Author(s):  
E.S. Burdin ◽  
Keyword(s):  
Legal Status ◽  
Russian Far East ◽  
Far East ◽  
Korean Immigrants ◽  
Diplomatic Relations ◽  
Territorial Unit ◽  
The Status ◽  
Russian Law ◽  
Far Eastern ◽  
The Russian Far East

After the start of Korean migration to Russia in 1864, the Russian authorities began to make attempts to formalize the legal status of the arrived migrants in order to protect them from persecution by the Korean government and its patron China. Areas of compact residence of Korean immigrants were separated into a separate administrative-territorial unit – Suifun District, where the post of “head of Koreans” was established. Separate elements of local self-government were introduced in the Korean settlements. After the establishment of official diplomatic relations with Korea in 1884, the problem of the legal status of Korean migrants in Russia became one of the important topics on the agenda of Russian-Korean negotiations. Due to its decision, Petersburg wanted to stop the uncontrolled transfer of the population from Korea to the Russian Far East and prevent the unauthorized seizure of state lands by Korean settlers. In 1888, the Russian authorities managed to partially resolve the issue of citizenship of the Korean settlers who settled in Russia. From now on, measures to formalize their legal status were carried out on the basis of the norms of the Russian-Korean convention on border relations of 1888, as well as an oral (gentleman's) agreement between K.I. Weber and Kim Yun Sik. An agreement was reached that the Koreans who settled in Russia before the establishment of Russian-Korean diplomatic relations were recognized as equal with Russian subjects. Migrants who settled in the region after the conclusion of this agreement were to liquidate their farms and return to their homeland. The issue of the status of Korean immigrants was finally settled only in 1900. Russian citizenship was granted to all migrants, including those who resettled after 1884. The author comes to the conclusion that the Far Eastern authorities initially perceived the Korean settlers who settled in the South Ussuriysk Territory as subjects of Russia, but could not provide them with all the benefits in accordance with Russian law, since such a step could cause protests from Korea and China.

scholarly journals PROBLEM OF INSTITUTIONAL PROVISION OF ECONOMIC DEVELOPMENT OF TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Vol 19 (1(63)) ◽  
pp. 18-22
Author(s):  
A.M. Araftenii
Keyword(s):  
Economic Development ◽  
Local Governments ◽  
Legal Status ◽  
Living Environment ◽  
Basic Principles ◽  
The People ◽  
Territorial Unit ◽  
The Status ◽  
The Right ◽  
Determining Factor

This article is devoted to the problem of institutional provision of socio-economic development of territorial communities in Ukraine, analysis of the peculiarities of administrative and territorial modernization at the regional level, streamlining of the system and structure of local authorities, as well as substantiation of the basic principles that are intended to ensure the effectiveness of institutional modernization of territorial communities in Ukraine . The system of local self-government does not meet the needs of society. Local governments do not have the necessary levers of influence, properly fulfill their functions in most of the territorial communities, do not ensure the creation and maintenance of a suitable living environment, which is necessary for the full development of the person, the protection of his rights, self-realization and providing the population with local self-government available administrative, social And other services in certain areas. The formation of self-sufficient, active and active territorial communities in Ukraine is a determining factor in the democratization of Ukrainian society and the realization of the constitutionally enshrined right of the people as the only source of power in our state. It is important for communities to create appropriate government institutions that are accountable to them and are in control, and which are actually effective. A territorial community is a collection of citizens of Ukraine who live together in a rural or urban settlement, have their collective interests and legal status, which is determined by law. Unlike a simple territorial unit, a settlement that has the status of a territorial community is given certain rights. First of all, this is the right to self-government. The united territorial communities will become a territorial unit of regional subordination. The institutional provision of territorial communities in Ukraine requires not only theoretical reflection and substantiation. Any theories are only worth something when they are tested in practice.

scholarly journals The Legal Status of Mut’ah Marriage in Indonesia

2021 ◽  
Vol 21 (3) ◽  
pp. 397
Author(s):  
Mimin Mintarsih ◽  
Lukman Mahdami
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Islamic Law ◽  
Married Couples ◽  
Legal Certainty ◽  
Bad Faith ◽  
Criminal Sanctions ◽  
Political Contribution ◽  
The Status ◽  
Religious Courts

Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.

scholarly journals DETERMINATION OF THE LEGAL STATUS FOR DISASTER EMERGENCY IN INDONESIA

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 23-42
Author(s):  
Teuku Ahmad Dadek ◽  
Husni Husni ◽  
Mahdi Syahbandir ◽  
M. Ya’kub Aiyub Kadir ◽  
Yanis Rinaldi ◽  
...  
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Central Government ◽  
Regional Government ◽  
Legal Certainty ◽  
Legal Implications ◽  
The Status ◽  
Property Loss ◽  
Legal Mechanism

Article 7 paragraph (2) of the Law Number 24 Year 2007 concerning Disaster Management (UUPB) stipulates that the establishment of a disaster emergency status must contain indicators that include the number of victims, property loss, the damage of the infrastructure and facilities, the extent to which an area is affected by the disaster and the socio-economic impacts that arise. Paragraph (3) of the article states that further provisions regarding the establishment of the status and the level of the disaster are regulated through a Presidential Regulation. However, the Presidential Regulation has not yet been issued while the Letter of Decision on the Disaster Emergency Status continues to be published, which causes legal uncertainty in its implementation. Hence this article investigates the legal mechanism in determining a disaster emergency status that guarantees legal certainty, its legal implications, and steps the (central) Government and the Regional Government should take in dealing with such legal implications. The research method employed in this study is the juridical normative research. Research on disaster legislation, especially in determining disaster emergency status, has not yet demonstrated legal certainty. This is due to the absence of legal mechanisms and positive legal formalities that are built from legal facts that lead to multiple interpretations and to legal disputes. The absence of the Presidential Regulation (Perpres) as a UUPB manifestation for determining the emergency status of a disaster as stipulated by autonomous provinces/districts (Decree) has contributed to the potential arbitrary use of state funds. Therefore, the Presidential regulation is urgently required.

scholarly journals The Evolution of Constitutional Status of the Greek King: the Analysis of Typical Features of the Absolute Monarchy

2020 ◽  
pp. 024-033
Author(s):  
A. V. Melikov ◽  
Keyword(s):  
Party System ◽  
Legal Status ◽  
Historical Continuity ◽  
The People ◽  
Head Of State ◽  
Form Of Government ◽  
The Status ◽  
History Of ◽  
The Will ◽  
Characteristic Features

The results of studying the issue of the evolution of the constitutional and legal status of the Greek king are presented. The monarchical form of government imposed on Greece by the patron powers of the Old World being accepted as the standard of the European form of state structure reflected the processes of reduction, and sometimes even disappearance, of its characteristic features. The history of Greek law and the state in 1830 – 1974 showed periodic changes in the status of the king, which was preceded by internal political tension (in the form of clashes with the will of the people, inconsistencies with the interests of the army, the immaturity of the party system, economic instability, etc.) and constant pressure from outside. When studying the process of changing the constitutional and legal status of the king of Greece, the cause-and-effect relationships of these transformations were identified and the discrepancy between the features of governing the Greek kingdom and the characteristic features of absolute monarchical government were clarified. The limited nature of the status of the king, the dynastic change, the specific transfer of power, which did not personify either the unity of the nation or the historical continuity of the tradition of the head of state, characterize the development of the Greek monarchy as atypical for this form of government. Therefore, according to the author, the form of government in the Greek kingdom can be considered as “non-conventional monarchy”.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES

2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Research Method ◽  
Economic Condition ◽  
Field Research ◽  
Comprehensive Analysis ◽  
Islamic Banks ◽  
Legal Research ◽  
Trading System ◽  
Library Research

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

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