scholarly journals Unificarea legislativă a Principatelor Române și consolidarea dreptului în primele decenii ale Regatului României

2021 ◽  
Vol 65 (4) ◽  
pp. 138-185
Author(s):  
Sevastian Cercel ◽  

In the period 1859-1918, Romania built and consolidated a modern law system subject to fundamental principles that were found throughout Europe, with functional mechanisms and institutions. The adoption of the major codes - the Civil Code, the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure - during the reign of Alexandru Ioan Cuza had a cardinal importance for the national legal system. The exercise of modern legislation initiated at that time, in a rhythm which was sometimes criticized, continued through the adoption of the 1866 Constitution or through the measures of the integration of Dobrogea in the Romanian law system. On the path opened by the generation of the Union of the Principalities, Carol I strengthened the beneficial force of law, building a state in which “only the law debated and approved by the nation, decides and governs”. The science of law and legal culture had in Romania, almost six decades after the Union of the Principalities, gathered through tradition and reform, an important dowry, a true “fulfilled state of law”. In the Old Kingdom there was, at the beginning of the 20th century, a fully achieved legal system that rightly expected to be the foundation of the legal system of Greater Romania.

2020 ◽  
Vol 7 (2) ◽  
pp. 85-90
Author(s):  
Ramadhani Puji Astutik ◽  
Anita Trisiana

The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.  


Author(s):  
Muh. Amiruddin

The country that adheres to the continental european legal system of Indonesia that regulate euthanasia is contained in the provisions of Article 344 of the Criminal Code while Netherlands The provisions are contained in the code penal section 40 and Article 293 of the Dutch Criminal. Code anglo saxon like USA hardness of euthanasia. this is based on a court decision in USA that rejects the application of euthanasia as a jurisprudence. Indonesia does not Regulate clearly about the enactment of euthanasia. Netherlands legalize Euthanasia, while State with Anglo Saxon Law system, does not legalize EuthanasiaKeywords: Euthanasia, Continental European Legal System, Anglo Saxon Legal System Negara yang menganut sistem hukum eropa kontinental yaitu Indonesia yang mengatur tentang Euthanasia yaitu termuat dalam ketentuan pasal 344 KUHP sementara di Belanda ketentuan ini dimuat dalam code penal section 40 dan pasal 293 KUHP Belanda. Sistem hukum Anglo saxon seperti Amerika Serikat melarang keras adanya euthanasia. hal ini didasarkan adanya putusan pengadilan di Amerika Serikat yang menolak penerapan euthanasia sebagai sebuah yurisprudensi. Indonesia tidak Mengatur secara jelas tentang pemberlakuan euthanasia. Belanda melegalkan Euthanasia, sedangkan negara dengan sistem Hukum Anglo Saxon tidak melegalkan EuthanasiaKata Kunci: Euthanasia, Sistem Hukum Eropa Kontinental, Sistem Hukum Anglo Saxon


2020 ◽  
Vol 1 (1) ◽  
pp. 86-90
Author(s):  
I Made Heriyana ◽  
Anak Agung Sagung Dewi ◽  
Ni Made Puspasutari Ujianti

Legal protection against defamation victims in the national legal system has not obtained adequate protection. Whereas in the concept of legal state as a form of protection against victims of crime must obtain a large portion as a state of protection against the community. Based on the background of the problem described above. It can be formulated with the following problems 1) How is the indemnity claim made by criminal defamation? 2) How is the process of indemnity against defamation victims? Referring to the formulation of the problem then the type of research used in the writing is normative research. Methods used in the processing of legal materials namely the method of analysis of analytical decsriptive data. The reimbursement of damages incurred upon the name of the defamation is set out in the Civil Code of article 1372-1380 as a form of unlawful deed as stipulated in article 1365 of the Civil Code. There is a date of tax assessment to file a lawsuit for an insult i.e. a lawsuit must be filed within one year from the day of the deed and the perpetration of the act/insult by the plaintiff. Damages are intended to restore the condition of the victim so that it is in or back to such circumstances if there is no insult in other words intended to replace the lost or reduced victim of insult.


Author(s):  
Rukhul Amin

This paper describes the importance of sad al-dzari'ah in determining Islamic law, especially in relation to the business-economy world which tends to be dynamic. Sadd al-dzari'ah is a legal instrument in Islam that is good if it is applied properly, in accordance with the rules of syara '. It can be a tool that can be used to create the benefit of the people and prevent it from being damaged. One example that can be seen in seeing the importance of sadd al-dzariah in the national legal system is the application of the actio paulina principle, the regulations of which can be found in Articles 1341 and 1061 of the Civil Code and Articles 41 to 47 of the bankruptcy law. However, as it plays a very important role in the search for law, on the one hand sadd al-dzari'ah can also be something negative. This can happen if the use or application is not / not done carefully, especially if it is not based on broad social piety in the community. Keyword: Sadd/Fath al-Dzari’ah, Maqashid al-Syariah, Actio Paulina


2017 ◽  
Vol 5 (1) ◽  
pp. 97-106 ◽  
Author(s):  
Dedi Mulyadi ◽  
Tanti Kirana Utami

The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury), the law substance through the issuing of general regulations (lex general) which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist) and the legal culture of society as human behavior (including the legal culture of law enforcement officers) on the electoral law and law system that are in force at the moment.


2021 ◽  
Vol 7 (3) ◽  
pp. 30-44
Author(s):  
Leonid V. Goloskokov

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events. The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars. This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article. In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary. A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.


Author(s):  
Dina Gailīte ◽  

Until the establishment of the Latvian state, the Latvian language was not used in public administration, laws, and the legal system. After the establishment of the state, the Latvian language became the state language, and there was an urgent need to develop terminology in numerous spheres, including justice. The authors of the publications of the law journal “Tieslietu Ministrijas Vēstnesis” (Journal of the Ministry of Justice) actively participated in this process. The discussions about terminology of two major codes, the Penal Law (Criminal Code) and the Civil Law (Civil Code), were particularly extensive.


Author(s):  
Changyu Yang

The Civil Code of the People’s Republic of China (hereinafter referred to as the Civil Code) was formally implemented on January 1st, 202. The promulgation and implementation of the Civil Code has become a milestone in the process of the rule of law in China, refl ecting the degree and characteristics of the development of the rule of law in China. Among the many features of the Civil Code, the systematical innovation has become the most remarkable highlight, and the systematical research on the Civil Code has become the focus and hot topic in the academic research on Chinese law. In the research process of scholars, genealogy of law, legal system, the rule of law system and the national governance system are four common categories, each of which refl ects the unique characteristics of China’s civil code from different perspectives and refl ects the consciousness of methodology. The category of genealogy of law shows the cultural characteristics of the civil code. Firstly, from the perspective of the genealogy of law containing cultural factors, the Civil Code integrates the socialist core values with Chinese characteristics, which are showed, for example, in the Marriage and Family chapters and the Right of Personality chapters. Secondly, the category of legal system highlights the normative status of the Civil Code. Observed from the organic integrity of legal system, the Civil Code occupies the core and important position in the socialist legal normative system with Chinese characteristics. Thirdly, the category of the rule of law system explains the characteristics of the new era of the Civil Code. The rule of law system is derived from the innovation of China’s rule of law practice, and is one of the general goals of China’s comprehensive rule of law. In this sense, the formulation and implementation of the Civil Code is an important practice of improving the “complete system of legal norms”. Last but not the least, the category of national governance system outlines the governance characteristics of the Civil Code, and the Civil Code fully implements the governance logic of the overall layout of the country, the Five-sphere Integrated Plan, including the promotion in the areas of economy, politics, culture, society and ecology. The application of the four categories has realized four sorts of transformation of the mode of thinking, namely, from the world’s genealogy of law to the legal system of China, from the form system of the Civil Code to the value system of it, from the generality of civil law system to the particularity of Chinese civil code system and from the normative system of the Civil Code to the national governance system. The transformation of the researching logic refl ects the methodological consciousness in the systematic study of the Civil Code. First of all, the systematic study of the Civil Code has transmitted from ontology through epistemology to the methodological consciousness. Ontological research solves the basic problem of “what is” and clarifi es the basic systematic structure of the Civil Code. The study of epistemology solves the problem of “how to know”, which is embodied the search for the method and path of the cognition of the Civil Code. While, the Methodological research is a re-examination of methods and cognitive approaches, with more refl ective elements, and is a study on the existing systematic research on the Civil Code. Secondly, the four systematic transformations mentioned above refl ect the consciousness of Chinese researchers to take on their mission. Since the founding of new China over the past 70 years, the independent discourse system of the academic research of Chinese scholars and the rule of law has been generated. Seeking the indigenization of the construction of the rule of law in China, seeking the integrity of the knowledge system of law and the rule of law system in China, seeking the harmonious relationship between the characteristic theories and the general theories in the process of the production of Chinese legal knowledge, etc., belong to the question of the age. Therefore, the methodology consciousness in the study of the Civil Code shows the Chinese researchers’ consciousness to take on the burden of the coming era. Third, it should be noted that the methodological consciousness also reveals some problems in the current research on the Civil Code: (1) the researchers should avoid being merely the porters of certain concepts and categories when applying the basic categorical methods, and shall be fully understand each category in the specifi c areas and the latest achievements of related research, avoiding taking the words simply literally; (2) the related various systems and categories should be interpreted basing on the spirit of the age and the characteristics of the rule of law in China, and we should pay attention to the differences and organic links between them; (3) the four categories mostly often be applied by the researchers from the internal system of the civil code, lacking of the comprehensively combination of the internal and external perspectives.


2014 ◽  
pp. 143-158
Author(s):  
Krzysztof Drozdowicz

This article is about the effects of abolition of the compulsory registration and some other records in civil proceedings. Replacement of the existing law on the population register and identity cards by two bills which refer to this issue carries the risk of difficulties in the effective search those people who take an active part in civil proceedings. This applies both to the defendants as well as witnesses. The proposed solutions are designed to facilitate the search for bodies of civil procedure, as well as the introduction of systemic solutions, in order to strengthen the legal culture in the Polish legal system.


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