German Public Officers and the Right to Strike

1928 ◽  
Vol 22 (1) ◽  
pp. 157-161
Author(s):  
Frederick F. Blachly ◽  
Miriam E. Oatman
Keyword(s):  
Criminal Code ◽  
The Other ◽  
Public Employees ◽  
Private Capacity ◽  
Other Hand ◽  
Per Se ◽  
The Law ◽  
The Right ◽  
Official Records

The German national public officer—a term which covers public employees of every rank, from watchmen and gate-keepers to the chancellor, and in every type of occupation, from engineering to diplomacy, from teaching to service on the bench of the highest courts—has a very special status, governed in part by the constitution, in part by the Law of Officers, and in part by many other statutes, such as a law fixing salaries. This status involves many rights and privileges, and on the other hand, many duties and restrictions. The oath of office required of all national officers consists of a pledge to be faithful to the constitution, obedient to the laws, and conscientious in the performance of official duties. The law requires every officer to conduct himself at all times, even in his private capacity, in such a way as to merit the respect due to his office. Misconduct is liable to the “ordinary” penalties of reprimand, warning, and money fine, or, after due hearing, to the “disciplinary” penalties of suspension and dismissal. The criminal code takes cognizance of certain specified crimes and misdemeanors in office, such as the improper bringing about of arrests and prosecutions, and the falsification of official records. Naturally, the officer is also liable when he commits any other type of crime or misdemeanor.The rights and privileges of public officers are very substantial. National officers are appointed, as a rule, for life; unless any appointment is specified as being revocable, it is per se a life appointment, involving protection against arbitrary dismissal or suspension.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek
Keyword(s):  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
International Protection ◽  
Other Hand ◽  
The Law ◽  
Migration Crisis ◽  
Definition Of ◽  
The Right ◽  
The Eu

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

scholarly journals LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE

2017 ◽  
Vol 11 (2) ◽  
pp. 13-27
Author(s):  
Carmen Adriana DOMOCOȘ
Keyword(s):  
Coercive Force ◽  
Civil Procedure ◽  
The State ◽  
The Other ◽  
Legal Provisions ◽  
Procedure Code ◽  
Other Hand ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.

scholarly journals Kewenangan Kepolisian Memanggil Notaris Untuk Mendapatkan Keterangan Dan Klarifikasi Terhadap Perkara Tindak Pidana

2019 ◽  
Vol 1 (2) ◽  
pp. 89-99
Author(s):  
Agus Kurniawan
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Police Investigation ◽  
Other Hand ◽  
Research Problems ◽  
The Law ◽  
Notary Public ◽  
The Right ◽  
Investigation Process

Penelitian ini bertujuan untuk mengkaji dan perlindungan hukum hak-hak tenaga kerja yang perusahaannya diputus Pailit. Permasalahan penelitian, Pertama, Bagaimanakah Perlindungan Hukum Terhadap Hak-Hak Pegawai Dalam Kepailitan Perusahaan; Kedua, Bagaimanakah Upaya Hukum Yang Dapat Dilakukan Pekerja Jika Tidak Memperoleh Hak Sebagai Kreditor Istimewa/Preference. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan yang bersifat kualitatif. Hasil penelitian bahwa Perlindungan hukum terhadap hak-hak karyawan dalam kepailitan perseroan adalah melindungi hak-hak dan kepentingan dari para karyawan selaku stakeholders perusahaan. Kewenangan pengadilan niaga dalam tuntutan karyawan atas upah atau uang pesangon yang tidak dibayar oleh perseroan dalam memindahkan kewenangan mutlak (absolut) dari pengadilan umum untuk memeriksa permohonan pailit. upah pekerja dalam pemenuhan adalah utang harta pailit, sebelum didistribusikan kepada kreditor biaya kepailitan harus dibayar didahulukan, termasuk kreditor separatis. This study aims to analyze the authority of the police investigation and investigation process of notaries. Research problems, First. what is the authority of the police in the process of investigating and investigating notaries. Second, how does the legal protection of notaries in the process of investigation and investigation ?. The results showed that the authority of the Police in the process of investigating and investigating Notaries after the issuance of the Law of Notary Position Number 2 of 2014 was that between the Police and Notary Public must understand about their respective authorities that have been regulated by the Law, namely if the Notary Public has a problem with the deed he made then the Police / Investigator can call the Notary public directly as a witness / suspect but on the other hand the Notary in assuming his position has the right to deny the confidentiality of his act in accordance with Article 4 Jo Article 16 Jo Article 54 Jo Law No. 2 of 2014, then based on Article 170 paragraph 1 KUHAP and Article 1909 paragraph 2 number 3e of the Civil Code in this case the Police must also understand the principle of legal presumption (Vermoedanvan Rechtmatigheid) or Presumptio lustae Causa

scholarly journals PENYEBAB TERJADINYA TINDAKAN MAIN HAKIM SENDIRI ATAU EIGENRICHTING YANG MENGAKIBATKAN KEMATIAN (CONTOH KASUS PEMBAKARAN PELAKU PENCURIAN MOTOR DENGAN KEKERASAN DI PONDOK AREN TANGERANG)

2018 ◽  
Vol 1 (1) ◽  
pp. 809
Author(s):  
Chandro Panjaitan ◽  
Firman Wijaya
Keyword(s):  
Criminal Code ◽  
Research Data ◽  
The Other ◽  
Positive Opinion ◽  
Main Research ◽  
Emotional Factors ◽  
Other Hand ◽  
The Future ◽  
The Law

Cases of vigilante action are committed by a group of persons are not justified in the law. Those are cases which is unlawful, immoral, irresponsible and does not have an attitude that respects the law.Vigilante cases should have been reported to the authorities and the perpetrator should be punished in accordance to the existing law and regulations. There is no apparent regulations regarding the act of vigilante, instead there are some articles in Indonesian’s Criminal Code which can be used against the perpetrators. In this case Article 170 and 351 of Indonesian’s Criminal Code somehow has been used to deal with vigilante cases. It is important to learn what are the factors of the vigilante case in PondokAren, Tangerang which will be the main research in this thesis and also the prevention that should be done in order to avoid the same incident in the future. The research data shows that the factors behind perpetrators being vigilante is based on emotional factors, the lack of trust in the law and situation factor. On the other hand to prevent further case in the future the authorities need to improve their work from several aspects. Thus, creating a positive opinion on public.

scholarly journals Implications Generated by the Moment Established by the Law for Introducing the Civilly Responsible Party and the Moment Up Until the Injured Person Can Constitue as a Civil Party

2020 ◽  
Vol 8 (1) ◽  
pp. 53-59
Author(s):  
Denisa Barbu ◽  
◽  
◽  
Keyword(s):  
Civil Law ◽  
The Other ◽  
Criminal Prosecution ◽  
Injured Person ◽  
Other Hand ◽  
The Law ◽  
The Moment ◽  
The Right ◽  
Responsible Party

The civilly responsible party can be introduced, according to art 21, alin (1), C.p.p. as modified through CCR Decision up until the end of the criminal persecution by the person in right according to the civil law, in order to be able to formulate requests and to raise exceptions in the preliminary chamber. So, the civil party, as the person in right by the civil law, can ask to be introduced the civilly responsible party by the end of the criminal prosecution. On the other hand, the injured person can constitue as a civil party, as art. 20, alin (1) C.p.p. statues, up until the beginning of the judicial research. Therefore, in the situation that the civil party is not constituted up until the beginning of the preliminary chamber and she does not ask to be introduced the civilly responsible party is there an infringement of the right of the prosecuted? Nor the ones of the civilly responsible party? Are there any remedies?

scholarly journals Perbuatan pidana kesusilaan dalam rancangan undang-undang KUHP

2004 ◽  
Vol 1 (2) ◽  
Author(s):  
Sri Hartini
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Criminal Code ◽  
Social Philosophy ◽  
The Other ◽  
Statutory Rape ◽  
Other Hand ◽  
The Law

As an independent and sovereignty country, Indonesia should arrange KUHP (Kitab Undang-Undang Hukum Pidana) to avoid loss of criminalities that have been increasing. The renewal of KUHP is very needed because it's not proper with the values of social politic, social philosophy, and social cultural of Indonesia people. It is the basic for sosial, criminal policy, and law enforcement. The urgency of revising of KUHP, specially putting susila crime put in draft criminal code (RUU KUHP) and almost the requirement still be formed widely, not distinguishing between criminal and people who break the rule, but the words "susila Crime” and the newly "statutory rape" and "incest’. According to the renewal, it's needed to direct it into the law development that is democratic and responsive, so that the law's function-that protect the society, can give fairness and as a development instrument will raise suitable with the principle of law country.  Although the draft criminal code (RUU KUHP) still need to be discussed again, remembering the effort to have national KUHP is very urgent, so it's better that draft criminal code (RUU KUHP) is not need more time to be UU, in the other hand, technically we will face difficulties in law enforcement because the representatives and experts are more free to say their thoughts.

scholarly journals The Judge and The Right of Preemption Land in Cameroon

2021 ◽  
Vol 4 (1) ◽  
pp. 52-69
Author(s):  
Désiré Aurèle Mbang Essono
Keyword(s):  
Legal System ◽  
Land Ownership ◽  
The Other ◽  
Other Hand ◽  
The Law ◽  
The Right

The action of the Cameroonian judge in the context of the preservation of land ownership faced with the right of pre-emption remains very marginal. On the other hand, thanks to the increase in its field of competence, the administrative judge has been erected as a full-fledged protector of the property of private persons subject to pre-emption. Through his action, the administrative judge should ensure that land pre-emption operations comply with the law. In the event of non-compliance with legality, the respondent could be held liable. Moreover, the Cameroonian legal system reserves a traditional place for the judicial judge in the protection of pre-empted land ownership, as he contributes through his office to counter any infringement of land ownership. The judicial judge's field of competence could have been broadened with the possibility of carrying out legality control of land pre-emption operations, but this attribution of competence remains very clearly defined.

scholarly journals Urgensi Pengaturan Kejahatan Korporasi dalam Pertanggungjawaban Tindak Pidana Korporasi Menurut RKUHP

2018 ◽  
Vol 20 (2) ◽  
pp. 237-254
Author(s):  
Ikka Puspitasari ◽  
Erdiana Devintawati
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Human Life ◽  
Criminal Code ◽  
The Other ◽  
Other Hand ◽  
The Law ◽  
Near Future

Artikel ini ingin menjawab bagaimana tindak pidana korporasi dipertanggungjawabkan secara pidana di Indonesia menurut Rancangan Kitab Undang-Undang Hukum Pidana. Di samping itu bagaimana kebijakan formulasi sistem pemidanaan dalam menanggu-langi tindak pidana korporasi pada masa yang akan datang. Artikel ini mengungkapkan bahwa eksistensi suatu korporasi memiliki andil yang cukup besar baik bagi kepentingan manusia ataupun bagi kepentingan negara. Suatu korporasi sering diikuti oleh pelanggaran-pelanggaran atau bahkan perbuatan melanggar hukum termasuk pelanggaran hukum pidana. Tindak pidana korporasi dapat pula dikategorikan sebagai kejahatan transnasional yang bersifat terorganisir.Pada masa sekarang ini Korporasi sebagai Subyek Hukum dapat dikenai pidana.Pengaturan pertanggungjawaban korporasi dalam hukum pidana di Indonesia diatur dalam RUU KUHP.  The Urgency of  Regulating Corporate Crimes Under Corporate Crime Liability According to Draft of Criminal Code Procedures The aims of this article, firstly, to answer the question on how coorporate crime liability to be considered as a crime under Indonesian criminal law based on Draft of Criminal Code  Procedures (RKUHP). Secondly, to understand the policy of sentencing system for coorporate crime in the near future. This article argue that the existence of coorporates  gives a significance constribution not only for human life but also for state interest. On the other hand, its also found that a coorporate that againts the law, both in private and criminal law. Coorporate crimes also categorized as well- organized trans-national crime. Nowdays, as a legal instituion, coorporates could be sentenced based on coorporate liability under Indonesian criminal law that regulated under RUU KUHP.

scholarly journals ANALISA PENDAPAT ULAMA TERHADAP BATASAN WAKTU DALAM WAKAF DAN AKIBAT HUKUMNYA

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Kholid Masyhari
Keyword(s):  
General Public ◽  
The Other ◽  
Time Limits ◽  
Other Hand ◽  
Good Deed ◽  
The Law ◽  
The Right ◽  
Holding Back ◽  
The Way

Abstract Waqf is a good deed dedicated by waqif (the person who gives waqf) to his property to nadlir (administrators / recipients of waqf) so that the object can be used by the general public. After the waqf pledge was stated by waqif, then from that moment the ownership of the object was moved to Allah, meaning that the general public now has the right to benefit the object that is represented (mauquuf). The concept that is commonly understood by society as told by the jurists (jurisprudence experts) in some literacies, that waqf is holding back property and using it in the way of Allah, said Sayyid Sabiq in his Sunnah fiqh. On the other hand this opinion is reinforced by the hadith narrated by Ibn Umar whose hadith chunks state: "If you want to, forgive the land and give the results. Then Umar converted his land in Khaibar with the understanding that it should not be sold, granted and inherited". From the statement of the hadith, the understanding was that waqf was eternal and not limited by time (ta’biid - forever). But in other literacy, it was found a statement that waqf may be limited by time (muaqqot), this opinion was stated by Imam Malik. This means that people may endow their land for a certain period of time. And even this, by him is considered legitimate as a waqf contract that is not limited by time. This paper tries to look at these two opinions and analyze them and conclude to draw the red thread caused by the law. Keywords: Endowments, Time Limits Abstrak Wakaf adalah sebuah amal shalih yang didedikasikan oleh waqif (orang yang memberikan wakaf) terhadap harta bendanya kepada nadlir (pengurus/penerima wakaf) agar benda itu bisa dimanfaatkan oleh masyarakat umum. Setelah ikrar wakaf itu dinyatakan oleh waqif, maka mulai saat itu pindahlah kepemilikan benda itu kepada Allah, artinya masyarakat umumlah yang sekarang ini memiliki hak atas manfaat benda yang diwakafkan (mauquuf). Konsep yang umum dipahami oleh masyarakat sebagai dituturkan oleh para fuqaha (ahli fiqih) dalam beberapa literasinya, bahwa wakaf adalah menahan harta dan memanfaatkannya di jalan Allah, demikian disampaikan oleh Sayyid Sabiq dalam fiqih sunnahnya. Di sisi lain pendapat ini diperkuat oleh hadist yang diriwayatkan oleh Ibnu Umar yang potongan hadist itu menyatakan :”Jika engakau mau, wakafkanlah tanah itu dan sedekahkanlah hasilnya. Lalu Umar mewakafkan tanahnya di Khaibar itu dengan pengertian tidak boleh dijual, dihibahkan dan diwariskan”. Dari keterangan hadist itu diambil pengertian bahwa wakaf bersifat abadi dan tidak dibatasi oleh waktu (ta’biid - selama-lamanya). Jurnal Iqtisad: Reconstruction of Justice and Welfare for Indonesia – Vol. 6, No 1 (2019) p-ISSN: 2303-3223; e-ISSN: 2621-640X Analisa Pendapat Ulama .... 2 Kholid Masyhari Namun dalam literasi lain ditemukan pernyataan bahwa wakaf boleh dibatasi dengan waktu (muaqqot), pendapat ini dikemukakan oleh Imam Malik. Artinya orang boleh mewakafkan tanahnya dengan jangka waktu tertentu. Dan inipun, olehnya dinilai sah akadnya sebagaimana wakaf yang tidak dibatasi dengan waktu. Tulisan ini mencoba menilik dua pendapat tersebut dan menganalisanya serta menyimpulkannya untuk menarik benang merah akibat hukum yang ditimbulkannya. Kata Kunci: Wakaf, Batasan Waktu

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