scholarly journals Parliamentary Threshold In Integrative Legal Perspective: Indonesian Case

2021 ◽  
Vol 3 (2) ◽  
pp. 103-117
Author(s):  
Sholahuddin Al-Fatih
Keyword(s):  
Election Law ◽  
Legislative Elections ◽  
Legal Norms ◽  
Legal Perspective ◽  
Pros And Cons ◽  
Sense Of Justice

The article aims at discussing the application of parliamentary threshold legal norms in an integrative legal perspective. Through historical, conceptual and statutory approaches, this study tries to examine holistically and prescriptively the dynamics of applying parliamentary thresholds in legislative elections. This article makes the thinking of leaders on integrative law a benchmark and an analytical knife. The results of this study demostrates that the application of parliamentary thresholds in elections based on an integrative legal perspective is not appropriate because it has not been able to guarantee the fulfillment of a sense of justice for all Indonesians because integrative law views a legal event as a comprehensive state of pros and cons. This research is expected to help academics and legal practitioners, especially with regard to election law to be able to dig out deeper into integrative law, not only from one or two experts, but from several other experts.

scholarly journals FinTech & New Digital Instruments. Post-Crisis Developments: Russia and Europe

2020 ◽  
Vol 1 (4) ◽  
pp. 25-37
Author(s):  
Anna V. Shashkova ◽  
Maria A. Agranovskaya ◽  
David E. Kitsmarishvili
Keyword(s):  
New Technologies ◽  
The United States ◽  
Prevention Measures ◽  
Market Change ◽  
Legal Norms ◽  
Pros And Cons ◽  
New Industry ◽  
Further Development ◽  
Innovation Support ◽  
Digital Assets

The article examines 2020 post-crisis results and 2021 trends in FinTech regulation development. FinTech, being a relatively new term, has become a completely new industry, which combines rapidly developing technologies and financial products (including digital assets) or services. The year 2020, despite the pandemic and localization (and maybe even more so), seems as significant, if not more so, for market change and further development. The world has changed, and new technologies are vital for successful competition among financial players and even for their survival. Most of the leading international financial centers have focused on regulating FinTech and the use of innovations in classic highly regulated areas. In the article we address the pros and cons of technology regulation and make a comparative analysis of the leading revolutionary trends. The most revolutionary developments have appeared in smaller European countries, which the leaders are forced to follow. Law harmonization has become a natural step forward for Europe to regulate blockchain businesses and to agree on terminology and risk prevention measures for innovation support. The research examines the development and regulation of FinTech in such jurisdictions as Switzerland, Malta, Liechtenstein, Gibraltar and the United States. The approach is interdisciplinary, linking Russian legal norms, applicable rules, and expected results. The main methods used in the research are analysis, comparative-legal, and formal-legal methods.

scholarly journals Unødig lang sagsbehandlingstid i danske straffesager:

2021 ◽  
Vol 108 (1) ◽  
pp. 251-266
Author(s):  
Kasper Jørgensen ◽  
Annette Olesen
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Justice System ◽  
Negative Influence ◽  
Criminal Cases ◽  
Social Barriers ◽  
Judicial Decisions ◽  
Legal Perspective ◽  
Long Time ◽  
Sense Of Justice

AbstractFor many years the Danish criminal justice system has been criticized for its drawn out handling of criminal cases – which is not only problematicfor the victim’s sense of justice, but is also a violation of the defendant’s civil rights. It is nevertheless surprising how little we know about the  implications for those who are forced to wait an unreasonably long time for trial, especially for those who are not remanded into custody. This article uses a socio-legal perspective to explore the time before conviction for defendants who must continue to live their everyday lives while awaiting decisions. Based on interviews (n=45) and judicial decisions we show that the interviewees awaiting their trial are trapped in a powerless position and are unable to take positive steps forward in their lives. Furthermore, the article shows that experiencing a drawn-out trial date has a negative influence on these citizens’ attachment to society even before their conviction by exposing them to social barriers similar to those faced by ex-convicts who have already served their time.

scholarly journals Custom and law and order in the anthropological and legal perspective

2021 ◽  
Vol 2021 (3) ◽  
pp. 10-16
Author(s):  
Irina Lomakina
Keyword(s):  
Rule Of Law ◽  
Classical Type ◽  
Human Society ◽  
Traditional Values ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Social Law ◽  
Legal Perspective ◽  
The Status ◽  
New Research

In this article, the author raises the problem of understanding legal customs in the context of the existence of the rule of law, which is not limited only to a set of legal norms and forms of their objectification. The author reveals that the new methodological situation requires a more adequate vision of legal phenomena, including legal customs. For this purpose, the anthropological and legal approach is proposed as a new research program that acts as an alternative to such classical approaches as positivism and natural law. Therefore, the author states that the use of the anthropological and legal approach as a kind of a non-classical type of scientific rationality, focusing on the intersubjectivity of legal phenomena that form the rule of law through social practices with the activity orientated, value-based, formal-dogmatic aspects of the existence of law, is a more constructive strategy in the study of legal customs in particular, and the rule of law in general. The article highlights the different nature of legal and juridical customs. The author proves that legal customs cannot be reducible to juridical ones from the standpoint of the anthropological and legal approach. Juridical customs fall under legal ones and do not reflect the full concept of legal customs. It is noted that legal customs sanctioned by the jurisdictional authorities acquire the status of juridical ones. Legal customs, in turn, are a kind of social law; they constitute the traditional legal order, along with traditional values, principles and institutionalized activities in a socially significant sphere. The author actualizes the idea that legal customs existed, exist and will exist in a socially significant sphere, and sees them as a «shadow» accompanying human society throughout its entire lifetime.

scholarly journals Match-fixing as a Threat to Sport: Ethical and Legal Perspectives

2021 ◽  
Vol 15 (2) ◽  
pp. 37-48
Author(s):  
Ladislav Mravec
Keyword(s):  
International Level ◽  
Council Of Europe ◽  
Legal Norms ◽  
Current State ◽  
Legal Perspective

This article aims to show how match-fixing is a threat to sport, not only from an ethical but also from a legal perspective, and to explain the various challenges of combating match-fixing in sport on the national and international level. To achieve this, the first step of the article is to explain corruption in sport, the values of sport and their endangerment through match-fixing, and then the crucial factor of sport autonomy is explained. Further, the article discusses various national and international legal norms and measures in the fight against match-fixing. On the international level there is discussed the current state of play of the Council of Europe Convention on the Manipulation of Sports Competitions (the so-called Macolin Convention) and the Group of Copenhagen, as the follow-up network of national platforms. Finally, the article makes recommendations regarding the better investigation of match-fixing and concludes with a critical appreciation of findings in the fight against match-fixing. 

scholarly journals Pro and Cons Contestation on The Increase of Marriage Age in Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 232
Author(s):  
Umi Supraptiningsih
Keyword(s):  
Islamic Law ◽  
Dropping Out ◽  
Marriage Age ◽  
Community Culture ◽  
Legal Norms ◽  
Minimum Age ◽  
Pros And Cons ◽  
The Individual ◽  
Age Of Marriage ◽  
Religious Courts

The age of marriage enhancement as mandated by Law no. 16 of 2019 is increasing the minimum age for marriage from 16 years for women and 19 years for men to 19 years for both women and men. However, this rule has not been accepted wholeheartedly by the community, so there are pros and cons. This study focuses on answering three questions: 1) Why are there pros and cons in the provisions of Law no. 16 in 2019 within a society? 2) What steps are taken by the community in violating the provisions of Law no. 16 of 2019? 3) What steps have been taken by the KUA and the Religious Courts in implementing the provisions of Law Number 16 of 2019? This research uses qualitative research with discourse analysis method. The researcher uses Pierre Bourdieu's theory to see the dynamics of the pros and cons contestation in increasing the age of marriage. With the genetic structuralism approach, to unite the origins of the individual mental structure, which is the product of the unification of the social structure that surrounds it. There are groups of people who agree to increase the age of marriage, and there are groups against it. The importance of mature marriage is to reduce divorce rates, poverty rates, children dropping out of school, maternal and child mortality rates. On the other hand, some people still prioritize the legal requirements of marriage by fulfilling the provisions of Islamic law (alternative options) not cumulative as required in the conditions for a valid marriage in the UUP. The arguments of people against the increase of marriageable age are based on the background of community culture, economic conditions, and free lifestyle of teenager. Unregistered marriage (nikah siri), legalization of marriage procedure and marriage dispensation are alternative steps taken by people who are against the increase of marriage age. KUA (religious affairs office) and the Religious Courts as the frontline in maintaining the mandate of Law no. 16 of 2019 using legal norms, still tightening the provisions on the age limit for marriage, marriage dispensation and legalization of marriage.

scholarly journals AN AMICABLE AGREEMENT OR ANOTHER FORM OF DEBT RESTRUCTURING IN INSOLVENCY PROCEDURE FOR INDIVIDUALS IN LATVIA

2016 ◽  
Vol 4 ◽  
pp. 509-514
Author(s):  
Renata Konopecka
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Debt Restructuring ◽  
Bankruptcy Problems ◽  
Distinctive Features ◽  
Legal Norms ◽  
Legal Perspective ◽  
Practical Proposal ◽  
Insolvency Proceedings

The goal of this article is to explore the features of using insolvency proceedings in Latvia and to elaborate on special proposals for modernizing the laws. In the legislation, there has been no prospect from a legal perspective to restructure an individual’s debts. Namely, individuals have no opportunity to use legal protection within the framework of the insolvency proceedings to reach an amicable agreement with creditors, or create another form of debt restructuring. Eliminating this gap in legislation is therefore necessary.In this article, analytical, comparative, historical and deductive methods are used to explore the legal norms that regulate the insolvency proceedings for an individual. The aim is to identify the distinctive features of the proceedings; to analyze the problematic aspects of laws and develop proposals for modernizing the legislation of Latvia in this field. The novelty of this research pertains to it being the first attempt in Latvia to examine the question of legal regulation of insolvency proceedings in complexity, with a practical proposal to improve Latvian legal norms and avoid bankruptcy problems. The outcome of this study includes a proposal to supplement the Act on Insolvency with the Article “Amicable Agreement”, for deciding upon the state of insolvency. This relates to an agreement between the creditors and the debtor to fulfil obligations before an auction of the debtor’s property.

scholarly journals Legal Perspective: Is Best Value Procurement achievable within the framework of the ARW 2005?

2011 ◽  
Vol 3 (1) ◽  
pp. 72 ◽  
Author(s):  
Ramona Apostol
Keyword(s):  
The Netherlands ◽  
Public Works ◽  
Test Case ◽  
Performance Information ◽  
The Public ◽  
Best Value ◽  
Legal Implications ◽  
Legal Perspective ◽  
Pros And Cons ◽  
Procurement System

This paper discusses the legal implications of using the elements of the Performance Information Procurement System (PIPS) procedure in the Netherlands. The article proposes the pros and cons of the potential compliance of these elements, in the form adopted in a test case with the municipality of ‘s-Hertogenbosch who attempted to meet the requirements of Aanbestedingsreglement Werken1 (hereafter: ARW) 2005. The author proposes that the national restricted procurement with pre-selection prescribed by the ARW 2005 may raise potential issues of interpretation and may therefore be too strict for the efficient application of the elements of the American methodology. Based on the legal discussion of the test case, the author is proposing to choose a more flexible policy for the public works contracts, which can benefit from the application of the American methodology.

scholarly journals ANALYSIS OF THE ACCOUNTABILITY OF CRIMINAL ACTIVITIES IN THE EIGHT OF THE LUWAK POWDER COFFEE IN PD. SUMBER BUANA ABADI (Study of Decision Number 307 / Pid.B / 2018 / PN.Kla)

2019 ◽  
Vol 1 (01) ◽  
pp. 8-19
Author(s):  
Ari Pratama
Keyword(s):  
Criminal Liability ◽  
District Court ◽  
Dominant Factor ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Research Problems ◽  
Sense Of Justice

One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.

scholarly journals The Right to Life Based on Human Rights Principles: A Normative Study of the Death Penalty in Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 85-95
Author(s):  
Doortje Durin Turangan ◽  
Emma V.T. Senewe ◽  
Wempie Jh. Kumendong ◽  
Jemmy Sondakh
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Death Penalty ◽  
Criminal Code ◽  
Right To Life ◽  
Normative Study ◽  
Legal Norms ◽  
Pros And Cons ◽  
The Absolute ◽  
The Right

The right to life is the absolute right of every person and is included in the category of rights that cannot be reduced. Indonesia is one of the countries that still maintains and recognizes the legality of the death penalty as a way to punish the perpetrators of certain criminal acts such as narcotics, terrorism, and murder crimes despite the pros and cons. This study aims to investigate the regulation of the right to life against the death penalty in Indonesia, the construction of the death penalty law from human rights viewpoint, and the judge's consideration in imposing the death penalty associated with the principles of human rights. This study used a qualitative normative juridical approach by referring to the legal norms in statutory regulations and norms of the society. The findings highlight that the early existence of the death penalty in Indonesia is legally regulated in the Criminal Code, most of which are from the Netherlands, namely WvS (Wetboek van Strafrecht).

scholarly journals La sensibilidad humana en el profesional del derecho como instrumento esencial para una efectiva justicia / Human sensitivity in legal professionnals as an essential instrument for an effective justice

2018 ◽  
pp. 98-110
Author(s):  
Graciela Noelia Herbas
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Daily Basis ◽  
Legal Norms ◽  
Legal Professionals ◽  
Derechos Humanos ◽  
Human Quality ◽  
Correct Application ◽  
Good Neighbor ◽  
Sense Of Justice

Basta observar las normas jurídicas vigentes para advertir que todas realzan la Dignidad Humana para la realización de la justicia. Pese a esto, el contenido de las normas no se refleja en la realidad. Entonces ¿cuál es el rol del profesional del derecho? ¿Basta conocer y comprender el valor de los derechos humanos?El abogado no puede preocuparse solo por la aplicación correcta de las normas, sino que requiere que se cultive el sentido de justicia como virtud del ser humano. Solo con calidad humana y sensibilidad, podrá alcanzar una justicia eficaz y verdaderamente cercana.No debe olvidar la empatía para percibir con certeza, las necesidades de quien requiere justicia. Los Derechos Humanos demandan del abogado la necesidad de vivirlos y transmitirlos en la cotidianeidad. No es posible ser buen operador del derecho y defensor de la justicia, si no se es antes un buen vecino. Esto exige que nos ocupemos y preocupemos por reflexionar sobre nuestra praxis.   Just by observing the legal norms in force, it is noticed that they all enhance human dignity for the realizationb of justice. In spite of this, the content of the norms is not reflected in reality. Thus, which role do legal professionals have? Is it enough to know and understand the value of human rights? The lawyer cannot be concerned only with the correct application of the norms; a sense of justice should be cultivated as a virtue of the human being. Only through human quality and sensitivity, an effective justice can be achieved and brought truly close to citizens.Empathy to perceive with certainty the need of those who require justice must not be forgotten. Human Rights demand that the lawyer leads a life in accordance with them and that these rights can be transmitted on a daily basis. It is not possible to be a good legal professional and defender of justice if you are not a good neighbor first. This requires that we must be occupied and preoccupied pondering about our praxis.

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