scholarly journals Penyelesaian Tunggakan Kredit Ringan Dikaitkan Dengan Prinsip Kehati-Hatian Bank

2018 ◽  
Vol 2 (2) ◽  
pp. 247-257
Author(s):  
Lisa Ade Justicia ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Methods ◽  
Rule Of Law ◽  
Social Reality ◽  
Legal Action ◽  
The Rule Of Law ◽  
Savings Bank ◽  
Long Time

Penelitian ini bertujuan untuk mengetahui penerapan prinsip kehati-hatian pada pelaksanaan perjanjian kredit ringan di PT. Bank Tabungan Negara (Persero) Tbk mengetahui faktor penyebab terjadinya kredit macet pada kredit ringan di PT. Bank Tabungan Negara (Persero) Tbk serta untuk mengetahui penyelesaian yang ditempuh oleh PT. Bank Tabungan Negara (Persero)Tbk atas kredit ringan yang macet. Penelitian ini menggunakan metode penelitian yuridis empiris. Dimana hukum dilihat sebagai norma dan juga sebagai kenyataan sosial. Hal ini diperlukan dengan adanya pertimbangan untuk suatu aturan hukum yang berlaku dalam praktek dengan mewawancarai beberapa informan dan responden. Hasil penelitian menunjukkan bahwa kredit ringan tidak hanya dapat diambil oleh nasabah debitor yang mempunyai payroll di Bank BTN, namun juga berlaku nonpayroll. Kredit ringan tidak mengharuskan nasabahnya menyerahkan suatu objek untuk dijadikan jaminan. Oleh karena itu penyelesaian tunggakan kredit ini bisa saja membutuhkan waktu yang lama dalam penyelesaiannya karena memerlukan beberapa pertimbangan dan tindakan hukum agar nasabah debitor kembali membayar angsuran tepat waktu bahkan melunasinya. This study aimed to determine the application of prudential principles in the implementation of the Kredit Ringan agreement in PT. Bank Tabungan Negara (Persero) Tbk, the cause of bad credit and settlement pursued by PT. State Savings Bank (Persero) Tbk on Kredit Ringan that stalled. This study used empirical juridical research methods, where law is seen as a norm and as a social reality. This was necessary with consideration of the rule of law applicable in practice by interviewing some informants and respondents. The result of the research showed that not only the debtor customers who have payroll in BTN Bank are allowed to take Kredit Ringan, but this also applies to non-payroll customers.Kredit Ringan does not require its customers submit an object to be collateralized. Therefore, the settlement of credit arrears may take a long time because it requires some consideration and legal action for the borrower's customers to pay back the installment on time and even pay it off.

scholarly journals The New Wars: Terrorism and “Asymmetric” Warfare

2021 ◽  
Vol 30 (4) ◽  
pp. 93-108
Author(s):  
Alexander Treiblmaier
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
National Defense ◽  
Terrorist Organizations ◽  
The Rule Of Law ◽  
Asymmetric Warfare ◽  
New Wars ◽  
Terrorist Groups ◽  
Long Time ◽  
Rules And Principles

The term “new wars” is often used to describe how terrorist groups achieve objectives in addition to the “classic” means of intervention by states. Terrorist organizations use asymmetric methods of warfare to target the weaknesses of Western states. Consequently, conventional wars have also changed into hybrid wars. The legal status of terrorist organizations is a major problem for the rule of law. In responding to terrorist attacks, the distinction between crime and terrorism is difficult. The “war on terror” is governed by different rules and principles and is extremely difficult to wage. Conflicts last a long time and victory against terrorism is rarely possible due to the networked structure of terrorist organizations and the way they intermingle with the population. In addition to an alliance-wide approach, there is a national solution to answer these new threats in form of the comprehensive national defense in Austria.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

Ukrainian kleptocrats and America’s real-life House of Cards: Corruption, lobbyism and the rule of law

2017 ◽  
Vol 50 (1) ◽  
pp. 29-40 ◽  
Author(s):  
Taras Kuzio
Keyword(s):  
Rule Of Law ◽  
Real Life ◽  
Think Tanks ◽  
Washington Dc ◽  
Political Consultants ◽  
The Rule Of Law ◽  
House Of Cards ◽  
Political Forces ◽  
Long Time ◽  
European Values

Washington DC is not only a center for democracy promotion programs by government-funded and private foundations and think tanks. Washington DC has also attracted hundreds of millions of dollars for lobbyists, political consultants and think tanks from authoritarian political forces and kleptocrats who have little in common with American and European values. Both Republicans and Democrats have been recipients of these illicit funds from state officials and oligarchs who are seeking to ingratiate themselves with American public opinion. Political consultants, lobbyists, lawyers and think tanks which receive funds from such sources are part of a bigger problem of reverse corruption and cynicism and the export of authoritarian practices from Ukraine and post-Soviet states to the West. This was clearly seen in the hiring of Paul Manafort, Viktor Yanukovych’s long-time political consultant by US presidential candidate Donald Trump. Trump’s promise to ‘drain the (Washington) swamp’ rings hollow after it was revealed he accepted funds from a Ukrainian oligarch who had earlier donated funds to the Clinton’s (Reader 2016).

scholarly journals Constitutional court procedure and constitutional control in the field of lustration

2021 ◽  
pp. 99-115
Author(s):  
Oksana Shcherbanyuk
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Judicial Control ◽  
European Court ◽  
Long Time ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The article considers the constitutional court procedure and constitutional control in the field of lustration.  These issues are considered through the prism of the rule of law, its understanding by the Constitutional Court of Ukraine in its practice.  It is emphasized that the application of the principle of publicity and the requirements of increased publicity is due to the importance of cases heard by constitutional courts, as well as the results of judicial activity. Along with this, the issue of long-term consideration by the Constitutional Court of Ukraine of the law determining lustration is analyzed in detail. The study is updated by the fact that the European Court of Human Rights on the complaints of citizens of Ukraine found a violation of the right of the lustrated to a fair trial due to excessive time of national trials for their release.  It is concluded that the Law on Lustration should serve its most important function in establishing the rule of law in the country. In legal science there is a situation when the views of scholars on the essence of judicial procedure are contradictory, which gives rise to different understandings of this legal phenomenon by representatives of different scientific schools.  For a long time, the problem of judicial procedure was inextricably linked with the consideration of the category of the process, the essential idea of which significantly influenced the understanding of the limits of the procedure in law. The constitutional Court as the only organ of the constitutional-judicial control may be seen as a special (organized on a state basis), the carrier of the intellectual potential of theories of constitutional law.

scholarly journals ON CERTAIN PROBLEMS OF CONFERMENT OF THE TITLE «LABOR VETERAN»: ANALYSIS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 6 (4) ◽  
pp. 38-42
Author(s):  
A. A. Elaev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Labor Relations ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Long Time ◽  
The Russian Federation ◽  
The Right

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title Veteran of labor. However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

Integration of legal understanding as a methodological issue

2021 ◽  
Vol 28 (3) ◽  
pp. 47-55
Author(s):  
Petro M. Rabinovych ◽  
Serhii P. Rabinovych ◽  
Oleh Z. Pankevych
Keyword(s):  
Research Methods ◽  
Rule Of Law ◽  
Human Life ◽  
Methodological Issue ◽  
Dialectical Logic ◽  
The Rule Of Law ◽  
Main Research ◽  
The Status ◽  
Methodological Approaches ◽  
Legal Understanding

The relevance of the study is conditioned upon the pluralisation of the ideological, philosophical, and methodological foundations of legal science and attempts to theoretically overcome the competition of “positivist” and “natural” approaches to understanding law as part of an integrative legal understanding taking place against the background of such pluralisation. The purpose of the study is to identify the epistemological difficulties in constructing integral concepts of legal understanding, suggest solutions for them, and justify the option of integrative understanding of law based on a combination of dialectical and need-based methodological approaches. Main research methods. Based on dialectical logic, the essence of integrative legal understanding is covered as an attempt to synthesise contradictory approaches to understanding law, the process of integrating legal understanding is interpreted as removing contradictions in the development of legal phenomena, and integration appears as including individual moments of such development in the dynamic integrity. Based on the need-based approach, the study justifies the criterion for understanding certain phenomena as legal. Importance of the present study. It is proved that the integration of different legal understanding is a task that can be performed based on dialectical rather than formal logic, meanwhile preserving differences and contradictions between the combined conceptual elements. The study proves that during upon satisfying the needs, the properties of certain phenomena are integrated into human existence, acquiring the status of vital, and therefore normatively significant components of such existence. Therefore, the rule of law becomes the result of activity-practical integration of the phenomena serving as necessary components of human life in society

scholarly journals Legislators and Religious-Based Reasoning

2013 ◽  
Vol 21 (2) ◽  
pp. 1
Author(s):  
Diana Ginn ◽  
David Blaikie ◽  
Micah Goldstein
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Political Candidates ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Political Campaigning ◽  
Parliamentary Debate ◽  
Long Time ◽  
Liberal Democratic Society ◽  
Government Initiative

In a secular, multicultural, liberal democratic society founded on the rule of law, is it appropriate for legislators (or political candidates) to refer to religious beliefs or texts when discussing a government initiative or urging action on a particular issue? Such references might be used for various purposes: to explain the speakers’ own beliefs; to emphasize that an issue has been around for a long time and therefore should be taken seriously; to elucidate historical influences on a particular law; or to give weight to a particular argument by buttressing it with religious authority. In Canada today, do ethics, law, or political theory offer persuasive reasons to limit any such references to religion in parliamentary debate or political campaigning?

scholarly journals Article 7 TEU: From a Dormant Provision to an Active Enforcement Tool?

2018 ◽  
Vol 10 (3) ◽  
pp. 272-302 ◽  
Author(s):  
Martina Coli
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The European Union ◽  
The Rule Of Law ◽  
Effective Implementation ◽  
Treaty Provision ◽  
Field Of Values ◽  
Long Time ◽  
Current Rule ◽  
The Eu

Abstract For a long time considered, improperly, a sort of ‘nuclear’ option, Article 7 TEU is the key EU Treaty provision in the field of values enforcement. In the context of the Union’s current rule of law crisis, such a provision deserves the greatest attention, especially after the European Commission’s proposal in December 2017 to trigger the procedure against Poland, under Article 7(1) TEU. This article contributes to understandings of the provision by reviewing its main features and contextualising its deployment in the general Polish rule of law crisis, with the aim of evaluating whether it can now be considered as an operational instrument for values enforcement. Although the Commission’s (late) decision to activate the Article 7(1) TEU procedure should be welcomed as a major effort in restoring the rule of law within the European Union, the (perceived and real) limits of Article 7 TEU and the inertia of the EU institutions cast a shadow over the procedure’s effective implementation.

scholarly journals Who cares? A defence of judicial review

2020 ◽  
Vol 8 ◽  
pp. 75-104
Author(s):  
Susanne Baer
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Point Of View ◽  
Fundamental Rights ◽  
Poor People ◽  
International Courts ◽  
The Rule Of Law ◽  
Cultural Minorities ◽  
Long Time ◽  
Critical Approaches

For a long time, politicians and scholars and even judges have criticised national and international courts with the competence of judicial review of legislative and executive powers. The defence usually relies on more or less abstract notions of the rule of law. This article, however, argues that at the heart of the matter are people, as protected by fundamental rights. Critical approaches to the law and studies in comparative constitutionalism allow us to understand why judicial review matters, namely: to whom. From that point of view, judicial review is not just a debatable idea, but it is about, specifically, children and women, non-patriarchal men and social and cultural minorities, poor people and others who are excluded. These are people in need of courts. For people, the rule of law is not just another concept of how things may be run, but is a protective device against arbitrariness, or outright hostility, of political majorities. Way beyond a reference to Germany�s history, judicial review is a �never again� to law as an empty promise.

scholarly journals The concept, characteristics, and classification of mechanisms for implementing the principles of the rule of law

2021 ◽  
Vol 7 (3D) ◽  
pp. 8-15
Author(s):  
Gyulnaz Eldarovna Adygezalova ◽  
Sergey Alekseevich Zhinkin ◽  
Irina Mikhailovna Khil ◽  
Lyudmila Petrovna Vysotskaya ◽  
Tatyana Valerievna Faroi
Keyword(s):  
Research Methods ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Logical Description

The purpose of this article is to consider the characteristics and classification of mechanisms for implementing the principles of the rule of law. Such mechanisms should become the object of purposeful formation. The principles of the rule of law in modern societies cannot be implemented "automatically", it is necessary to outline the directions of work on the implementation of such realization precisely within the framework of unified mechanisms as complexes of applied means and the activities of relevant subjects. To achieve this goal, it seems necessary to define these mechanisms as tasks, to consider the specific characteristics that mechanisms for implementing the principles of the rule of law should have, including modern Russia; to divide these mechanisms on essential grounds.  It has been assumed to use several research methods to solve the tasks set: logical (description, classification), formal-dogmatic, comparative. As a result of the study, it has been revealed that the mechanisms for implementing the principles of the rule of law should be a set of tools, technologies, and procedures for such implementation, as well as the entities implementing this realization.

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