scholarly journals Analisis Yuridis Omnibus Law dalam Penyusunan Rancangan Undang-undang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 622-627
Author(s):  
I Kadek Semara Atmika ◽  
I Nyoman Budiartha ◽  
Lda Ayu Putu Widiati
Keyword(s):  
Civil Law ◽  
Conceptual Approach ◽  
Legal Concept ◽  
Law System ◽  
The Public ◽  
The Social ◽  
The Status ◽  
Legal Position ◽  
The Law ◽  
Civil Law System

Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination  must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

scholarly journals Authority and Power of the Law Relating to Cyber Deed Notary in Indonesia Era Industrial Revolution 4.0

2019 ◽  
Vol 9 (1) ◽  
pp. 947-952
Keyword(s):  
Industrial Revolution ◽  
Concept Analysis ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Concept ◽  
Electronic Transactions ◽  
Legal Position ◽  
The Law

This study aims to determine the authority of the notary in a deed on electronic transactions carried out by the parties domiciled outside the office of a notary and to know the power of a notary deed that created by Cyber Notary in Indonesia. The method used in this research is the approach of legislation (The Statute Approach) and the path of the legal concept analysis (Analytical and Conceptual Approach). The results showed that the authority of the electronic notary deed is not bound by a notary office area so that the legal position same with notary office by deed made by the notary on electronic transactions conducted in the region of the notary office. The strength of the notarial deed made by a cyber notary has not yet ensured legal certainty that the power of a notarial deed made together with the strength of the deed under the hand.

scholarly journals “Halal” Abortion in Perspective Common Law system,Civil Law System and Ius Constituendum : Towards Legality and Safety

2020 ◽  
Vol 1 (2) ◽  
pp. 17-24
Author(s):  
Sardjana Atmadja
Keyword(s):  
Unintended Pregnancy ◽  
Common Law ◽  
Civil Law ◽  
Unsafe Abortion ◽  
Law System ◽  
The Public ◽  
Post Abortion Care ◽  
Common Law System ◽  
Post Abortion ◽  
Civil Law System

Background: To safe services in hygienic conditions must be made widely available and affordable, so that the stigma associated with providing and obtaining abortions can lessen and safe services can become normal and accepted, abortion is broadly legal, widely available and safe in Indonesia.Objective: The purpose of this article to discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System.In Indonesia Ius Contituendum on abortion  is not directed to legalization of abortion as carried out both in Netherland and USA but tends to be harmonized with therapeutic abortion concept both medical and psychiatric fields.Material and Method: Systematic review of studies evaluating the prevalence of unsafe abortion in Indonesia.Results: The public health tragedy caused by unsafe abortion is all the more so because it is largely preventable, by improving the quality and availability of post abortion care, by making abortion legal and increasing access to safe services, and—because almost every abortion is preceded by an unintended pregnancy—by expanding access to contraceptive information and services. Restrictive laws have much less impact on stopping women from ending an unwanted pregnancy than on forcing those who are determined to do so to seek out clandestine means. Ironically, the abortion laws governing of Indonesia  is holdovers from the colonial era.Conclutions:  “Halal” abortion is making a significant contribution toward reducing the need for abortion altogether and the likelihood of unsafe abortion by bringing down the rates of unintended pregnancy. This is also helping to reduce complications of unsafe abortion through its support for programs to increase access to and improve post abortion care. This includes not only treatment for septic or incomplete abortion, but also essential post abortion.Keywords: “Halal” abortion, the public health tragedy, unintended pregnancy Common law system,Civil law system and Ius Constituendum.

scholarly journals DISKRESI HAKIM DALAM MENETAPKAN HUKUM DI PENGADILAN AGAMA KELAS IB BATUSANGKAR

2017 ◽  
Vol 16 (1) ◽  
pp. 77
Author(s):  
Sri Yunarti
Keyword(s):  
Social Justice ◽  
Public Interest ◽  
Civil Law ◽  
Family Court ◽  
Law System ◽  
Legal Principles ◽  
The Law ◽  
The Right ◽  
Dynamic Community ◽  
Civil Law System

So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.

scholarly journals Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Maryana Lestari ◽  
Septhian Eka Adiyatma
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Protection ◽  
Class Action ◽  
Legal Order ◽  
Law System ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Civil Law System

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society is hukim countries. So that the actions and deeds led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovations that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. This development refers to a class action lawsuit based on some regulatory legislation such as Law - Legal Protection and Environmental Management, Law - Labor Law and the Law - Consumer Protection Act. Class Action Lawsuit become a new breakthrough following the development of the community association in order to avoid gaps in the legal action when there are those who rugikan, nevertheless uses a class action lawsuit is still being done with the procedural provisions of the HIR that is the source of law in civil proceedings. The class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law system like Indonesia participate adopt this legal order.

scholarly journals Tinjauan Yuridis tentang Rechtvinding (Pemenuhan Hukum) dalam Hukum Perdata Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 77
Author(s):  
Nurmin K Martam
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Human Beings ◽  
Legal Certainty ◽  
Law System ◽  
Legal Development ◽  
Positive Law ◽  
The Law ◽  
Sense Of Justice ◽  
Civil Law System

The law has a function to provide protection to human interests (all human beings without exception). Therefore, the law must be implemented so that human interest can be protected. In practice, the law may proceed normally and peacefully, but there may also be legal violations in practice. In this case the law that has been violated must be enforced. It is through law enforcement that this law becomes a reality. In upholding the law there are three elements that must always be considered: legal certainty (Rechtssicherheit), usefulness (Zweckmassigkeit) and justice (Gerechtigkeit).In the life of society required a legal system to create a harmonious and orderly society life. In fact the law or legislation that is made does not cover all cases that arise in society, making it difficult for law enforcement to complete the case. In the scope of positive law in Indonesia, the principle "that judges should not refuse a case", contained in article 10 paragraph (1) of Law no. 44 Year 2009 on Judicial Power.Constitutional judges and judges are required to explore, follow, and understand the legal values and sense of justice living in society. This is the basis that it is unavoidable that the rechtsvinding process should still be done by the judge in deciding cases not found clearly and firmly in legislation.The approach used in this study is a normative juridical approach, namely by using the theories and opinions of scholars by conducting an analysis of the provisions applicable in positive law of Indonesia.In line with the increasingly dynamic society, it demands a dynamic legal development as well. This is in line with the civil law system itself that is dynamic and not static. The important task of the judge, therefore, is to adapt the law to concrete events in society. If the law can not be judged appropriately according to the words of the law or the law is unclear, then the judge must interpret the law, so that the judge can make a truly fair law decision in accordance with what Which is the purpose and objective of the law, namely the achievement of legal certainty.

Belgium

2015 ◽  
Author(s):  
Claire van Overdijk ◽  
Walter Pintens
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Federal State ◽  
Law System ◽  
The Law ◽  
Civil Law System ◽  
Vulnerable Adults ◽  
Justice Of The Peace ◽  
Adult Protection

Belgium is a federal state and has a civil law system. The law concerning vulnerable adults is a federal matter governed by the Belgian Civil Code (‘CC’). The competent court for adult protection matters is the justice of the peace court of the district where the adult has his or her residence, or alternatively his or her domicile, or for the person’s assets, the justice of the peace court of the district where the assets are located.

THE LAW OF JUDICIARY POWER SYNERGIZING THE POSITIVISM AND HISTORICISM

2018 ◽  
Vol 2 (1) ◽  
pp. 77
Author(s):  
Christiani Widowati ◽  
Indira Retno Aryatie
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Law System ◽  
The Common ◽  
The Law ◽  
Civil Law System

<p>Judiciary Power. Indonesia applies <em>Civil Law System</em>; that considers legislation as the primary legal source. Preferring legislation as a legal source is one characteristic of positivism. The Civil Law System, however, mentions that judges are obligated to see the values in society if the legislation does not set for that. It implicitly refers to societal law, including common Law. Taking the common law as a legal source is the characteristic of historicism as well; mentioning that the soul of a nation (<em>volkgeist</em>) derives from the values living in society. Basically, these two schools are contradictory to one another in their perspective of law. Positivism sees that state-made law is the only applied law. The law of Judiciary Power synergies between these two schools and takes a common low as a legal source for judges to make a decision.</p>

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

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