scholarly journals PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH

2019 ◽  
Vol 5 (2) ◽  
pp. 329-351
Author(s):  
Fasya Yustisia ◽  
Catharina Ria Budiningsih
Keyword(s):  
Public Interest ◽  
Islamic Law ◽  
Geographical Indication ◽  
License Agreement ◽  
The Public ◽  
The Law ◽  
Important Note ◽  
Religious Considerations ◽  
Living Being ◽  
Made In

This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done through wakaf will always be made in perpetuity.  Nonetheless, the Law no. 41 of 2004 re. wakaf make possible temporary transfer of ownership which may be performed by a license agreement, transferring only right to use the trademark but not the ownership (title) thereof. Another important note to be highlighted is that Islamic law prohibits or considers not appropriate (not halal) trademark of living being or non-kosher products (goods or services).

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE

2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV
Keyword(s):  
Public Interest ◽  
Developed Countries ◽  
Foreign Investor ◽  
Foreign Investors ◽  
The Public ◽  
Right Of Action ◽  
Judicial Proceedings ◽  
The Law ◽  
Business Entities ◽  
The Right

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

Ulumuddin ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 116
Author(s):  
Rendra Widyakso
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Public Order ◽  
Scholarly Journals ◽  
Financial Responsibility ◽  
The Public ◽  
Legal Studies ◽  
Preliminary Study ◽  
The Law

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

Accountability in an Era of Celebrity

2019 ◽  
pp. 150-174
Author(s):  
Martha C. Nussbaum
Keyword(s):  
Social Norms ◽  
Sexual Violence ◽  
Working Women ◽  
Historical Evolution ◽  
The Public ◽  
Great Progress ◽  
The Law ◽  
Made In

While great progress has been made in regards to sexual violence and accountability, Martha C. Nussbaum argues that the culture of celebrity remains a significant hurdle. In this chapter, Nussbaum traces the historical evolution and progress of the law and social norms concerning sexual violence. Identifying the obstacles and complexities that have faced those fighting for justice, she shows how working women, feminist lawyers, and recently the #MeToo movement have pushed forward the frontier of accountability. While history provides reason for hope, a recalcitrant problem remains: lack of accountability for celebrities and sports stars. Given the big money and structures of power behind the culture of celebrity, Nussbaum argues that the public must rise up and express outrage in order to bring about change.

Should Research Ethics Committees Be Observing the Law or Working by Ethical Principles?

2005 ◽  
Vol 1 (1) ◽  
pp. 23-26 ◽  
Author(s):  
Charles Warlow
Keyword(s):  
Clinical Research ◽  
Research Ethics ◽  
Public Interest ◽  
Ethics Committees ◽  
Unintended Consequences ◽  
Research Ethics Committees ◽  
Individual Interest ◽  
The Public ◽  
The Law ◽  
The Individual

Recent laws, and their interpretation, have made clinical research more difficult to do, and sometimes impossible. Furthermore the results of that research which can be done may even be unreliable. This is certainly against the public interest, and indeed the individual patient interest as well. But ethics committees have to abide by the law and so even though it is surely unethical to work against the public and individual interest that is exactly what ethics committees now have to endorse. The unintended consequences of the new regulations must be reduced by amending the law.

Juristic Differences over the Implementation of Qiṣāṣ against a Muslim Who Kills a Non-Muslim

2018 ◽  
Vol 32 (2) ◽  
pp. 185-203
Author(s):  
Muhammad Amanullah
Keyword(s):  
Public Interest ◽  
Islamic Law ◽  
The Public

Abstract Muslim jurists differ on whether Muslims who murder non-Muslims should be sentenced to death or not. Although Ḥanafī jurists maintain that they should be, most Muslim jurists hold that they should not. Modern scholars such as ʿAwdah, El-Awa and others have discussed the issue. Based on classical and modern fiqh (Islamic law) literature, this article examines the principal arguments used by both groups, concluding that the Ḥanafī opinion is to be preferred because it is based on stronger proofs and conforms more closely to the public interest of contemporary Muslims and non-Muslims.

PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk
Keyword(s):  
Public Interest ◽  
National Interest ◽  
The State ◽  
Social Conditions ◽  
The Public ◽  
Relative Term ◽  
The Law ◽  
Distribution Of Power ◽  
The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

Killing ‘Gnats with a Sledgehammer’? Case Study: Fairness Doctrine and a Broadcast License Denial

1991 ◽  
Vol 68 (4) ◽  
pp. 805-813 ◽  
Author(s):  
Timothy W. Gleason
Keyword(s):  
First Amendment ◽  
Public Interest ◽  
Washington State ◽  
The Public ◽  
Made In ◽  
Fairness Doctrine

Each year since the FCC rescinded the Fairness Doctrine in 1987, efforts have been made in Congress to restore it. This indepth look at the denial of a license to Washington state religious station KAYE, which broadcast very strong conservative views, attempts to balance the public interest in diversity with concerns about fairness. This study demonstrates how citizen “watchdog” groups used the Fairness Doctrine to rid the airwaves of a broadcaster and highlights inherent conflicts in First Amendment theory.

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