scholarly journals PENYELESAIAN SENGKETA BATAS WILAYAH DESA DINAS STUDI KASUS SENGKETA BATAS WILAYAH ANTARA DESA DINAS TULIKUP DENGAN DESA DINAS SIDAN DI KABUPATEN GIANYAR

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Yuli Utomo
Keyword(s):  
Conflict Resolution ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Local Knowledge ◽  
General Public ◽  
Settlement Patterns ◽  
Government Policies ◽  
Resolution Limit ◽  
The Rule Of Law ◽  
The Village

Village Boundary Dispute Resolution service is the application of dispute resolution regulations village boundaries under applicable rules applied to public office in the village of Gianyar regency. This study aims to examine government policies and values ??- the value of local knowledge related to conflict resolution Dispute resolution limit of the village of Dinas in Gianyar regency. The results showed that completion of the boundary dispute in the village of Gianyar Regency Office is dominated by non-litigation settlement patterns, deliberation, and mediation. Thus, the principles of law, social change and the rule of law in conflict resolution need to be nurtured, preserved, and disseminated to the general public.

The Village Courts in Bangladesh

2017 ◽  
Author(s):  
Tobias Berger
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Colonial Administration ◽  
The Rule Of Law ◽  
Complex Processes ◽  
Local Institution ◽  
International Donor ◽  
Donor Agencies ◽  
Historical Trajectory ◽  
The Village

This chapter embeds contemporary translations of ‘the rule of law’ in their historical trajectory. It reveals how the introduction of village courts by the colonial administration at the dawn of the twentieth century and current efforts by international donor agencies to activate these village courts follow strikingly similar logics. The village courts are therefore neither an exclusively global imposition nor an ostensibly local institution; instead, they have emerged in complex processes of translation in which the global and the local have become inseparably intertwined. Having reconstructed this historical trajectory, the chapter also provides a brief overview of Bangladesh’s recent political history and maps the country’s contemporary legal landscape.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals Engaging Foreign Law: Not So Liberally

2019 ◽  
Vol 19 (75) ◽  
pp. 11-19
Author(s):  
Pierre Legrand
Keyword(s):  
Rule Of Law ◽  
Local Knowledge ◽  
Comparative Law ◽  
The Rule Of Law ◽  
Legal Thought ◽  
Foreign Law ◽  
Georgetown University ◽  
The Way

Taking its cue from a remarkable institutional initiative owing to the Georgetown University Law Center, this essay contests some of the key assumptions that have informed liberalism’s cosmopolitan turn. In particular, the argument addresses the way in which liberal legal thought has handled a doctrine widely known as “the rule of law”. The text challenges the universalizing drive having informed the dissemination of “the rule of law” and the attendant marginalization of culture in the form of the decredibilization of local knowledge. The paper suggests that “comparative law” can offer a valuable opportunity for the liberal self to revisit its uniformizing ideological commitments  — although not “comparative law” of the mainstream brand.

Establishing the Rule of Law in Weak and War-torn States: Evidence from a Field Experiment with the Liberian National Police

2019 ◽  
Vol 113 (3) ◽  
pp. 641-657 ◽  
Author(s):  
ROBERT A. BLAIR ◽  
SABRINA M. KARIM ◽  
BENJAMIN S. MORSE
Keyword(s):  
Domestic Violence ◽  
Rural Communities ◽  
Field Experiment ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Police Officers ◽  
Experimental Evaluation ◽  
The Rule Of Law ◽  
Post Conflict ◽  
National Police

How to restore citizens’ trust and cooperation with the police in the wake of civil war? We report results from an experimental evaluation of the Liberian National Police’s (LNP) “Confidence Patrols” program, which deployed teams of newly retrained, better-equipped police officers on recurring patrols to rural communities across three Liberian counties over a period of 14 months. We find that the program increased knowledge of the police and Liberian law, enhanced security of property rights, and reduced the incidence of some types of crime, notably simple assault and domestic violence. The program did not, however, improve trust in the police, courts, or government more generally. We also observe higher rates of crime reporting in treatment communities, concentrated almost entirely among those who were disadvantaged under prevailing customary mechanisms of dispute resolution. We consider implications of these findings for post-conflict policing in Liberia and weak and war-torn states more generally.

The Rule of Law in Crisis? – Some Observations from the Perspective of the Venice Commission

2018 ◽  
Vol 64 (4) ◽  
pp. 530-551
Author(s):  
Martin Kuijer
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Government Policies ◽  
Advisory Body ◽  
The Rule Of Law ◽  
The Press ◽  
Constitutional Justice ◽  
Legislative Amendments ◽  
The Government ◽  
Venice Commission

The European Commission for Democracy through Law - better known as the Venice Commission - is the Council of Europe’s advisory body on constitutional matters. In this article, the existence of serious threats to the rule of law will be elaborated on. There are various methods in order to conduct such an exercise. This contribution is limited to the overarching trend to use legislative amendments to repress those who disagree with government policies, those who could potentially disagree with the government line, or those who are otherwise considered to be an ‘opponent’ to the regime. When examining those threats, a distinction will be made between those measures which target the judiciary (including constitutional justice), the press, and civil society. Reference will be made to opinions adopted by the Venice Commission over the last five years (in a non-exhaustive manner). Because of this angle (opinions, statements and studies of the Venice Commission), this article does not provide an exhaustive picture of the ‘Rule of Law’ landscape, nor is that the intention of this article. Some thoughts as to the underlying explanations for such a ‘Rule of Law crisis’ will be discussed. In the concluding part, some more personal comments will be made how a body such as the Venice Commission can respond to the before-mentioned threats to the Rule of Law.

Law Via the Internet 2015 Conference

2016 ◽  
Vol 16 (4) ◽  
pp. 265-269 ◽  
Author(s):  
Glenda Browne
Keyword(s):  
Rule Of Law ◽  
General Public ◽  
The Internet ◽  
User Needs ◽  
Free Access ◽  
Document Collections ◽  
Legal Information ◽  
The Rule Of Law ◽  
New Information

AbstractFree access to public legal information for the general public and professionals promotes justice and the rule of law. Presenters at the 2015 Law via the Internet conference discussed projects using the power of technology combined with expert human input to make information accessible, and to extract new information from large document collections. Although the scale is different, there are similarities in the ways in which indexers and informaticians explore meaning, develop standards and consider user needs to make information widely accessible. Glenda Browne reports on the conference.*

scholarly journals PENYELESAIAN SENGKETA PENGADAAN TANAH GUNA PEMBANGUNAN BANDAR UDARA INTERNASIONAL BERBASIS NILAI KEADILAN SOSIAL

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 83
Author(s):  
Mia Permata Sari ◽  
Suteki Suteki
Keyword(s):  
Social Justice ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Land Acquisition ◽  
The Rule Of Law ◽  
The Public ◽  
Land Dispute

In resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out what factors cause the settlement of land acquisition disputes in terms of juridical aspects not reflecting the value of justice and benefit for the parties and formulating land acquisition dispute resolution models in a legal socio perspective that can realize the value of social justice and benefits for party. an appropriate method is needed that can accommodate the value of social justice and the benefits in resolving the dispute, among others, promoting the Consensus Meeting and the Need for Alternative Dispute Resolution (ADR) as an alternative solution. In addition, the need to calculate non-physical losses in the assessment of compensation for people who have lost their livelihoods due to land acquisition projects Keywords: Land Acquisition, Land Dispute Settlement, Public Interest AbstrakDalam penyelesaian sengketa pengadaan tanah untuk kepentingan umum sudah sepatutnya negara memperhatikan nilai-nilai diluar daripada aturan hukum itu sendiri, diantaranya nilai keadilan sosial dan nilai kemanfaatan untuk menjamin hak-hak dasar masyarakat terdampak. Penelitian ini bertujuan untuk  untuk mengetahui faktor apa saja yang menyebabkan penyelesaian sengketa pengadaan tanah tersebut ditinjau dari aspek yuridis belum mencerminkan nilai keadilan dan kemanfaatan bagi para pihak sertaa merumuskan model penyelesaian sengketa pengadaan tanah dalam perspektif socio legal yang dapat mewujudkan nilai keadilan sosial dan kemanfaatan bagi para pihak. dibutuhkan suatu metode yang tepat yang dapat mengakomodasi nilai keadilan sosial dan kemanfaatan dalam penyelesaian sengketa tersebut diantaranya mengedepankan Musyawarah Mufakat dan Perlunya Alternative Dispute Resolution (ADR) sebagai solusi alternatif.. Selain itu, perlunya memperhitungkan kerugian non fisik dalam penilaian ganti rugi sehingga, terdapat solusi bagi masyarakat yang kehilangan mata pencaharianya akibat proyek pengadaan tanah Kata Kunci : Pengadaan Tanah, Penyelesaian Sengketa Tanah , Kepentingan Umum 

scholarly journals The Dilemma of Good Governance Implementation in Indonesia during the Pandemic of Corona Virus Disease (COVID-19)

2021 ◽  
Vol 1 (1) ◽  
pp. 55-67
Author(s):  
Muzakir Haitami ◽  
Alya Rengganis
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Virus Disease ◽  
Government Policies ◽  
The Rule Of Law ◽  
Governance Indicators ◽  
Corona Virus ◽  
The Government ◽  
Government Responsiveness ◽  
The Ideal

The Indonesian government's policies to prevent and encounter the spread of Corona Virus Disease (COVID-19) pandemic are still considered not optimal to realize good governance, with the high number of COVID-19 spread throughout Indonesia. This research discusses the implementation of good governance in Indonesia in the COVID-19 pandemic based on eight good governance indicators. This research uses observation techniques to collect the data. The research results indicate that Indonesia is not achieving the ideal target in implementing good governance in overcoming this pandemic. This happened due to a lack of assertiveness in policymaking and a low level of public participation in policy implementation, which led to delays in COVID-19 countermeasures actions. The implementation of policies in China, New Zealand and Turkey indicates that these three countries have the authority to regulate strictly. Meanwhile, in Indonesia, the rule of law and government policies' effectiveness is still weak; delayed action from the government in responding to pandemic proves a lack of government responsiveness. The policies implemented are not based on consensus; equity in accessing public services also becomes a problem. In the end, people lose their trust in the government because they failed to provide unaccountable information. Thus, good governance in Indonesia in the COVID-19 pandemic is still difficult to implement.

scholarly journals Who guards the guardians?

2012 ◽  
Vol 18 (2) ◽  
pp. 14 ◽  
Author(s):  
Duncan Bloy
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
General Public ◽  
Separation Of Powers ◽  
Freedom Of Speech ◽  
Missed Opportunities ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
Fundamental Part ◽  
The Press

The United Kingdom’s Leveson Inquiry has been the hottest free show in town since it began taking evidence in November 2011 until the first phase of the Inquiry concluded on 24 July 2012. During that time, the general public has been exposed to a tsunami of information from the great and the good in Britain, which raised questions not only about journalism practices and ethics but the separation of powers and the rule of law. The importance to any democracy of an independent judiciary cannot be overestimated. Sir Brian Leveson began the inquiry by posing the question: Who guards the guardians? He stressed that the concept of the freedom of the press was a fundamental part of any democracy and that he had no desire to stifle freedom of speech in Britain. This article reflects on missed opportunities and considers the future for press regulation in Britain. It also makes the point that irrespective of whatever new regime is established, it is time for proprietors, editors and journalists to stand up for responsible, public interest journalism and only then will there be an outside chance that the public’s faith in mainstream journalism will be restored.

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