scholarly journals Pemasyarakatan Narapidana Narkotika dalam Mewujudkan Kesadaran Hukum

2020 ◽  
Vol 8 (2) ◽  
pp. 125-143
Author(s):  
Wiska Watubtaran Rengmas Rahantoknam
Keyword(s):  
Rule Of Law ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
The Rule Of Law ◽  
Preventive Effort ◽  
The Arts ◽  
Narcotics Trafficking ◽  
Approach Method ◽  
The Right ◽  
Positive Results

Assimilation is part of the development process as well as the right of narcotics inmates inside the Penitentiary to mingle directly with the community outside the prison. In the application of assimilation often narcotics inmates commit irregularities that violate the rule of law, irregularities are carried out to obtain narcotics for addicts and for dealers to operate narcotics trafficking from inside prisons, this event indicates that the legal awareness of inmates undergoing the process of assimilation has not shown a success. The problems examined include First, how is the implementation of assimilation for narcotics inmates in Class II A Kendal Correctional Institution. Second, whether narcotics inmates are given special supervision while undergoing the process of assimilation. Third, how is the success rate of coaching narcotics inmates at the stage of assimilation in realizing legal awareness? This research uses the socio-legal approach method, data obtained through interviews and observations, then data processed descriptively analytically. The results showed that the implementation of assimilation of narcotics inmates was carried out in prisons as a preventive effort so as not to fall back on narcotics. Assimilation in prisons is carried out by involving people from outside prisons to carry out activities with narcotics inmates in various aspects such as education, sports, and the arts. Supervision is carried out strictly with certain restrictions by officers, inmate guardians, and also prison intelligence so that inmates do not feel intervened during the assimilation. The level of legal awareness shown by narcotics inmates at Kendal correctional institutions showed positive results in which they showed compliance with the rule of law in general and the rules of the potentiation and did not commit any violations in the process of assimilation.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR

2021 ◽  
Author(s):  
Jelena Janković ◽  
Keyword(s):  
Rule Of Law ◽  
Service Sector ◽  
Free Choice ◽  
Moral Authority ◽  
Service Users ◽  
Service Economy ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
The Right

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.

Judicial independence as a precondition for mutual trust? The CJEU in Minister for Justice and Equality v. LM

2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij
Keyword(s):  
Member State ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Judicial Independence ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
State Compliance ◽  
The Right ◽  
The Eu

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.

scholarly journals Perspektif Gender dalam Putusan Pengadilan Pada Kasus Pelecehan Seksual

2020 ◽  
Vol 22 (2) ◽  
pp. 345-362
Author(s):  
Elisabeth Yulia Rana Sinta Dewi ◽  
Melina Gabrila Winata ◽  
Ella Yolanda Sakerebau
Keyword(s):  
Sexual Harassment ◽  
Rule Of Law ◽  
Random Sampling ◽  
Justice System ◽  
Sampling Method ◽  
Criminal Code ◽  
National Commission ◽  
Court System ◽  
The Rule Of Law ◽  
The Right

Penelitian ini bertujuan untuk menghapuskan pandangan diskriminatif akibat dipengaruhi oleh budaya patriarki yang menyebabkan terabaikannya nilai-nilai keadilan moral, sehingga diperlukan kesadaran akan kesetaraan gender dalam kepastian hukum dan dalam sistem peradilan. Metode dalam penelitian ini menggunakan metode yuridis empiris dengan bahan primer berupa wawancara dan putusan pengadilan yang diambil secara random sampling, serta bahan hukum sekunder berupa buku, literatur, jurnal serta peraturan perundang-undangan. Substansi Kitab Undang-Undang Hukum Pidana dalam penanganan kasus pelecehan seksual saat ini tidak lagi memadai, karena per-kembangan jenis macam pelecehan seksual menurut Komnas Perempuan. Penelitian ini menyimpulkan bahwa pertimbangan hukum yang dilakukan oleh hakim lebih memper-timbangkan faktor perbuatan daripada faktor korban. Dalam tiga kasus yang penulis teliti penjatuhan pidana jauh di bawah hukuman maksimal akibat penafsiran KUHP yang dilakukan hakim secara gramatikal yang terkurung oleh positivisme. Padahal penemuan hukum oleh hakim akan membentuk yurisprudensi dapat digunakan pada masa mendatang dengan lebih memperhatikan keadilan dan hak pemulihan bagi korban. Gender Perspective in the Court System on Sexual Harassion Cases This study aims to eradicate discriminatory views influenced by patriarchal culture which results in the neglect of moral values, so that awareness of gender equality is needed in the rule of law and in the justice system. This study uses empirical juridical methods. Primary legal materials was collected by conducting interviews and analyzing court decisions taken by random sampling method, as well as secondary legal materials was collected from books, literature, journals and statutory regulations. The substance of the Criminal Code in handling sexual harassment cases is currently no longer adequ-ate, due to the development of types of sexual harassment according to the National Commission on Women. This research concludes that the judge considers the act factor rather than the victim factor. In the three cases the author examined, criminal conviction was far below the maximum sentence due to grammatically interpretation of the Criminal Code by judges confined by positivism perspective. Though the legal finding (rechtvinding) by the judge will form jurisprudence, which can be used in the future by focusing more to justice and the right of recovery for victims.

scholarly journals The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17

2020 ◽  
Author(s):  
Maria Fanou
Keyword(s):  
Rule Of Law ◽  
Trade Agreement ◽  
Judicial Independence ◽  
Court System ◽  
Eu Law ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
The Right ◽  
Right Of Access ◽  
The Eu

In its recent Opinion 1/17, the Court of Justice of the EU (CJEU) examined the compatibility of an external judicial body, the Investment Court System (ICS) under the EU–Canada Comprehensive and Economic Trade Agreement (CETA), with EU law. At a time when judicial independence has arisen as one of the main challenges for the rule of law in the EU, this article discusses the Court’s findings in relation to the compatibility of the ICS with the right of access to an independent and impartial tribunal.

scholarly journals Market Freedom as Antipower

2013 ◽  
Vol 107 (3) ◽  
pp. 593-602 ◽  
Author(s):  
ROBERT S. TAYLOR
Keyword(s):  
Market Power ◽  
Rule Of Law ◽  
Adam Smith ◽  
Economic Policies ◽  
Competitive Markets ◽  
Economic Exchange ◽  
The Rule Of Law ◽  
Philip Pettit ◽  
Gerald Gaus ◽  
The Right

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neorepublicanism is inherently hostile to markets, while neorepublicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as nondomination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies.

scholarly journals Protest und Demokratisierung in Myanmar: Erste Erkenntnisse aus dem „Myanmar Protest Event Dataset“

2018 ◽  
Vol 72 (1) ◽  
pp. 295-304 ◽  
Author(s):  
Andy Buschmann
Keyword(s):  
Rule Of Law ◽  
Economic Transition ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Legal Reforms ◽  
Authoritarian State ◽  
The Right ◽  
Human Rights Standards

Abstract Myanmar has been perceived to be in a sociopolitical and economic transition since the semi-civilian government under President Thein Sein took office in 2011. Amongst other things, for a representative democracy to function, citizens have to have the freedom to express their opinions and deliberate them with fellow citizens. This requires the secure granting of fundamental civil liberties, as prescribed in the freedom of expression, association, and assembly. Hence, once in the process of democratization, a formerly authoritarian state has to make significant improvements in the granting and protection of these rights too. To empirically test whether Myanmar has made such improvements since 2011 is the goal of a greater research project I am working on. This research note introduces the project and summarizes first findings. By combining knowledge on legal reforms and protest data from the Myanmar Protest Event Dataset, it is suggested that, in Myanmar, the de jure exercisability and de facto exercise of fundamental civil liberties have significantly improved from 2011 to 2015. Informal methods of suppressing the right to protest, such as arbitrary violence, have increasingly descended while methods that are formally in accordance with the rule of law but still lack compliance with international human rights standards have ascended.

scholarly journals Evaluating ‘Life Steeped in Power’: Non-Domination, the Rule of Law and Spatial Restrictions for Irregular Migrants

2020 ◽  
Author(s):  
Lieneke Slingenberg
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Practical Relevance ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Irregular Migrants ◽  
Normative Framework ◽  
Protection Of Human Rights ◽  
State Coercion ◽  
The Right

Abstract Irregular migrants in Europe are increasingly subjected to state coercion, surveillance and spatial restrictions, such as containment, dispersal and forced transfers. Lawyers usually evaluate such practices in the light of human rights law, which only provides limited protection. For this reason, I propose an alternative normative framework to evaluate and assess coercive state practices towards irregular migrants: the concept of freedom as non-domination. In this article, I conceptualize non-domination from a rule of law perspective. To this end, I start from Lovett’s procedural account of arbitrariness; and complement this with Benton’s focus on unaccountable power and Palombella’s argument for ‘duality of law’. In the second part of this article, I apply this normative framework to coercive practices in shelters for irregular migrants in the Netherlands. This allows me to demonstrate the practical relevance and consequences of the theory. It discloses how the protection of freedom as non-domination, conceptualized from a rule of law perspective, sets more demanding criteria for the (courts of) law than the protection of human rights. At the same time, it does not require non-interference or elaborate positive obligations from the state. For irregular migrants, who do not have the right to reside in the territory, but who are entirely under the control of state power, non-domination as conceptualized in this paper provides, in my view, a necessary framework of review that ensures a kind of protection that is currently lacking.

The Causes and Enlightenment of Chinese Cultural Revolution

2019 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Yan Sheng Chen
Keyword(s):  
20Th Century ◽  
Rule Of Law ◽  
Cultural Revolution ◽  
Chinese History ◽  
Human Beings ◽  
Historical Events ◽  
The Rule Of Law ◽  
Long Duration ◽  
Chinese Cultural Revolution ◽  
The Right

China’s cultural revolution, which took place in the 20th century, is bound to be one of the major historical events in Chinese history due to its long duration, great destruction and far-reaching influence.The debate on the right and wrong of the Chinese cultural revolution has been going on till today.There is a consensus on the depth of its lessons, but it is difficult to get a consensus on its formation and reflection.This paper analyzes the causes of the Chinese cultural revolution from the perspective of history, culture and system, and analyzes the ways to avoid the recurrence of tragedy, so as to think and study the feasibility of the future construction of the rule of law and the harmonious development of human beings in China.

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