scholarly journals ‘CIVES PESSIMO IURE’. AKTORZY A UPRAWNIENIA RZYMSKICH OBYWATELI W PRAWIE PUBLICZNYM REPUBLIKI I WCZESNEGO PRYNCYPATU

2016 ◽  
Vol 14 (3) ◽  
pp. 167
Author(s):  
Elżbieta Loska

CIVES PESSIMO IURE: ACTORS AND THE RIGHTS OF ROMAN CITIZENS IN THE PUBLIC LAW OF THE REPUBLIC AND EARLY PRINCIPATESummaryRoman public law recognised the following citizens’ rights: the right to serve in the legions, ius suffragii (the right to vote at assemblies of the people), ius honorum (the right to hold office), ius provocationis (the right to appeal to the People’s Assembly against a magistrate’s decision), ius auxilii (the right to obtain assistance from the tribune of the plebs). Sometimes a restriction of a citizen’s civil rights was due to his profession, and the actor’s profession was such a case. The legal status of actors was the resultant of many factors. They performed in public, were paid for their services, and they had a bad reputation. Even actors who were Roman citizens were not entitled to all the public rights. Citizens’ rights were interlinked, hence the lack of one of them could entail further restrictions. A ban on the right to military service prevented actors from voting in the comitia centuriata; and their exclusion from the most important tribus deprived them of the vote in the comitia tributa. Hence there was a restriction on the availability of the ius provocationis to actors; and they could neither vote nor hold office. Thespians could thus be regarded as cives pessimo iure – second-class citizens.

2018 ◽  
Vol 1 (1) ◽  
pp. 50
Author(s):  
Nurwita Ismail

In essence the right of everyone to get the same job and opportunity in government, is one of the instruments in trying to improve prosperity and prosperity of the people. This corresponds to the basic philosophy of the state summarized in Pancasila, where the five precepts of Pancasila should be viewed as one unified whole. Even has been translated in the Constitution of the Republic of Indonesia (UUD) Year 1945, as well as a constitutional basis in governance, nation and state.The importance of Gorontalo Regency Government / related agencies especially Regional Personnel Agency (BKD) performs acceptance in accordance with the mechanisms stipulated in several Laws and Regulations in particular PP. 43 of 2007, with the expectation that the quantity of civil servants can dominate the quality so that the public expectation of the quality of service and the acceleration of regional development can be fulfilled. Type of research Sociological Juridical. Juridical Sociological Research is a legal research that combines the research of normative law and sociological law research.


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


2019 ◽  
Vol 5 (1) ◽  
pp. 237-272
Author(s):  
Krzysztof Chochowski

Public law entities play a significant role in a democratic legal state and its public administration system. They enable the active participation of an individual in the exercise of public authority and involvement in public affairs. They help to build a civil society and protect against the phenomenon of a crisis of democracy. Above all, however, they serve to protect human dignity as a source of freedom and human and civil rights. For this reason, the issue of determining their essence is important. It is not easy because it has undergone a metamorphosis over time and it is not one category. This article presents considerations regarding the essence of public law entities. It pointed to the necessity of: possession of public rights by entities; recognition of their public-law subjectivity; granting them public authority; owning own cases carried out independently; being subject to state supervision.


2015 ◽  
Author(s):  
Karolina Wyrwińska

CIVIS ROMANUS SUM. THE ROMAN PUBLIC LAW – SELECTED ISSUES The present book Civis Romanus sum. The Roman public law – selected issues has been planned as a scientific support for students of Administration at the Faculty of Law and Administration of Jagiellonian University, for auditors of lectures: The Roman administrative practice and The Roman system and administration in a comparative context. The book is a set of essays concerning issues of Roman public law. Some aspects of the Roman public law and subject matters to which a Roman citizenship (civitas Romana) is a common denominator, have been raised herein. The concept of citizenship itself and its importance to Romans and strangers and also the content of rights included in it are extraordinarily interesting and very complex issues. They have been a subject of many scientific works: monographs, articles and handbooks of the Roman public law. This publication is not a handbook in principle and therefore, having freedom (to some extent) of choosing issues to be analysed, I decided to select these which concern the purchase and loss of Roman citizenship, rights entitled to citizens pursuant to the private and public law and a way of realisation of one of these rights – the right to stand for office (ius honorum). Discussing the latter issue required a presentation of process of creating the structure of Roman offices in a period of Republic and either the basis of rules concerning holding offices and indication of competences of particular magistratus. Thus, as Cicero wrote “the office is the power” (Cic. de leg. 3.1.2: For as the law is set over the magistrate, even so are the magistrates set over the people) – holding an office was incredibly prestigious in Rome. It is worth paying the attention to pre-election campaign, looking at a candidate’s profile, discussing the challenges which a candidate had to rise to and indicating which pre- -electoral candidate’s activity was considered to be advantageous or condemnable at the end of the Republic.


2020 ◽  
Vol 2 (2) ◽  
pp. 107
Author(s):  
Pung Karnantohadi*

This research entitled “Law Principle of One-Stop Integrated Service”. The preambule of the 1945 Constitution of the Republic of Indonesia mandated that the objective of the establishment of the Republic of Indonesia was to advance public welfare and educate the life of the nation. The mandate implies that the state is obliged to fulfill the needs of every citizen through a system of government that supports the creation of excellent public services in order to meet the basic needs and civil rights of every citizen of public goods, public services, and administrative services.The philosophical foundation of the obligation of every person to have permission to carry out their activities is contained in the provisions of Article 28J paragraph (1) of the 1945 Constitution of the Republic of Indonesia (Amendment), which aims to respect the human rights of other people in an orderly society, nation and state. In accordance with the provisions of Article 28 Paragraph (2) of the 1945Constitution of the Republic of Indonesia (Amendment), permission is a limitation of one's right to provide facilities to the community in the One Stop Integrated Service (PTSP) in the provisions of Article 28 H paragraph (2) The Republic of Indonesia in 1945 (Amendment), which reads "everyone has the right to receive facilities and special treatment to obtain the same opportunities and benefits in order to achieve equality and justice. The One Stop Integrated Licensing Service is a licensing service model that integrates the authority of the licensing agency, so that legal figures in the One Stop Integrated Licensing Service are legislation that regulates the mapermits,  among  others in  the  form of  regulations regions and  regional  head regulations. Based on the principle of bevogheid zonder verantwoordlijkheid, each permit issuer can be held accountable for the permit issued or rejected, so that the public or applicant can submit legal protection efforts through the judicial institution (State Administrative Court). Legal remedies carried out by permit applicants or the public are also a form of legal protection for permit issuers in measuring the validity of issuing decisions.


Author(s):  
Svitlana Ryzhkova

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.


2007 ◽  
Vol 35 (2) ◽  
pp. 179-194
Author(s):  
Wing Hong Chui

AbstractAccording to Article 26 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, permanent residents shall have the right to vote and the right to stand for election in accordance with the law. In the eyes of the public, voting is a fundamental right of democracy and promotes citizen participation in choosing the people to represent them in the political system. It is true to say that, 'an inclusive democracy values all of its citizens' (Right to Vote, 2005). However, does every citizen who is above 18 years old have the right to vote in Hong Kong? While prisoners are deprived the right to vote in Hong Kong, other jurisdictions such as the United Kingdom, Europe, and Canada currently practise criminal disenfranchisement in more limited ways. To fill the gap, this paper aims to examine whether laws should be reviewed and amended to remove the barrier to voting faced by the prisoner in Hong Kong. It argues that Hong Kong should grant the right of prisoners to vote through examining relevant laws and several landmark court cases.


2017 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
Laurensius Arliman Simbolon

President is the supreme leader in the Republic of Indonesia, it is also clearly stated in the Constitution of the Republic of Indonesia Year 1945. After the outgoing president, and became ordinary Indonesian citizens, the president is also still get one of their rights, namely the right to earn a living, it is a form of tribute to the former President or Vice President who has been leading this country during the period of his leadership. Towards the end of his term, Susilo Bambang Yudhoyono to change the rules providing a home for former president and vice president. The change was then poured in Presidential Regulation No. 52 Year 2004 on the Amendment of Presidential Decree No. 88 Year 2007 concerning Procurement and Standard Home for Former President and Vice President. The policy made by President, invited strong reactions from the public. Therefore, the facilities will be reserved for the former president and vice president in the form of procurement of the house is considered very exaggerated and does not reflect a sense of justice for the people, especially people from the lower middle class who until now have not had a home. In this paper will discuss the procurement and the right to a standard home to the former president and / or the former vice president of the republic of Indonesia, and controversy procurement and standards for the former president's home and / or former vice president of the republic of Indonesia.


Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 105-119
Author(s):  
Momcilo Grubac

In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor) only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim). In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


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