scholarly journals MENAKAR RASA KEADILAN PADA PUTUSAN HAKIM PERDATA TERHADAP PIHAK KETIGA YANG BUKAN PIHAK BERDASARKAN PERSPEKTIF NEGARA HUKUM PANCASILA

2017 ◽  
Vol 6 (3) ◽  
pp. 361
Author(s):  
Abdul Hakim
Keyword(s):  
Subject Matter ◽  
Social Life ◽  
Freedom Of Contract ◽  
Authoritative Text ◽  
Procedural Law ◽  
Procedure Code ◽  
The Subject ◽  
The Law ◽  
Sense Of Justice

Law is a set of words that are systematically linking an authoritative text, according to Gustav Radbruch, it should contain three (3) elements, namely fairness, certainty and expediency. The application of the authoritative text in social life was an absolute authority of a judge in resolving a civil case. The judge, in the checking-hearing-deciding a case, not only expected to return the case to the original state (restitutio in integrum) before the advent of the dispute, but should attempt made every effort to not create new disputes or disputes derived from the subject matter examined. Therefore, it becomes very important role of the paradigm for a judge in deciding the case in order to fulfill a sense of justice. Therefore, deciding the case in a precise sense of justice will be a judge most important role. Nowadays, the meaning of "justice" in Civil Procedure Code only limited to the authority of the power of the parties bound by the principle of consensualism and the principle of freedom of contract. Therefore, based on the Law Paradigm (Philosophy) of Pancasila, Judge as an interpreter, in defining and applying the law, legal science must have the ability to deconstruct and reconstruct an authoritative text based paradigm embraced by a nation.Keywords: the principle of consensualism, justice, pancasila, paradigm, civil procedural law

Capacity to Contract

2021 ◽  
pp. 27-38
Author(s):  
Bruce W. Frier
Keyword(s):  
Young Adults ◽  
Subject Matter ◽  
Contract Law ◽  
Limited Capacity ◽  
The Subject ◽  
The Law

This brief chapter gives an overview of the diminished contractual capacity of some Romans: children, the insane, young adults, and women. The law is intended to protect them, but also those with whom they make contracts, some of whom may be unaware of their partners’ limited capacity. The role of guardians in authorizing transactions is emphasized. The material in this chapter is introductory, for students who have not previously studied the law of status; this law has important effects on the overall structure of Roman contract law. The subject matter is partially taken up again in Part A of Chapter VII, where the ability to acquire rights and duties through one’s dependents is examined.

scholarly journals La polonité des Hauts-de-France telle qu’inscrite sur les étendards. Une étude d’objets jusque-là négligés alors que riches d’informations

2020 ◽  
pp. 273-285
Author(s):  
Maryla Laurent ◽  
Iwona H. Pugacewicz
Keyword(s):  
Subject Matter ◽  
Social Life ◽  
Scientific Literature ◽  
The State ◽  
Northern France ◽  
Immigrant Identity ◽  
History Of ◽  
The Subject ◽  
State Of Research

The authors have considered the topic, rarely mentioned in the scientific literature, which are the inscriptions and symbols placed on polonical banners. A three-volume dissertation by Monika Salmon-Siama, entitled Vexillological heritage of the Polish immigration in northern France (1919-2018), turned out to be a contributing factor to this kind of scientific digression. In the introduction, they analyzed the state of research on Polish emigration, settled in northern France, indicating the main reasons for their poor representativeness in comparison with the entire emigre history of the Polish diaspora. Referring to the proper vexological studies, they brought closer the richness of sources that we deal with in the discussed region, and then showed the complexity of this type of bibliological-semiotic research. Taking up the subject matter from the Westphalian-French borderline, inevitably, after M. Salmon Siama, they showed aesthetic and axiological values, including patriotic values, a group of symbols and inscriptions discussed, and in turn showed the durability of the Polish immigrant identity of subsequent generations living in northern France. The article is also an attempt to show the reader the diversity and richness of organizational and social life over almost a century, introduces the mentality and customs of the Polish Diaspora, and shows the underestimated role of the Polish banner.  

PERAN BAHASA INDONESIA DALAM PEMBELAJARAN TEMATIK TERPADU MELALUI PENDEKATAN SAINTIFIK

2017 ◽  
Vol 5 (2) ◽  
pp. 171
Author(s):  
Yusnawarni Yusnawarni
Keyword(s):  
Social Studies ◽  
Social Life ◽  
Primary Schools ◽  
Knowledge And Skills ◽  
New Learning ◽  
Scientific Approach ◽  
The Subject ◽  
Thematic Learning ◽  
Bahasa Indonesia

To commemorate the 21st century, a new learning model was designed in 2013 curriculum, in which there is a shift from teachers give knowledge to students become student must actively seek out knowledge from a variety of learning resources. In this case, the teacher acts as facilitators. Thus, language is a very central role, because the language should be in front of all other subjects. Curriculum 2013 imposed a thematic integrated learning which is no longer based subjects. Various subjects for primary schools (such as: Religion, Civics, Indonesian, Mathematics, Science, Social Studies, and so on) are integrated intoone book. The subject matter is not presented in textbook, but it presented in book thematics lesson, the themes are about nature, social life and culture. In this new curriculum, learning process is implemented by applying a scientific approach (observing, questioning, experimenting, associating, and networking) that includes three aspects such as attitudes, knowledge, and skills. So, how is the role of Indonesian in an integrated thematic learning by applying scientific approaches in primary schools in 2013 curriculum? By appying the method, the object of this paper is to gain preview about the role of Indonesian in 2013 curriculum that uses integrated thematic learning by scientific approach in primary schools.AbstrakUntuk menyongsong abad ke-21, model pembelajaran baru dirancang dalam Kurikulum 2013, yang di dalamnya terdapat pergeseran dari siswa diberi tahu menjadi siswa harus aktif mencari tahu ilmu pengetahuan dari berbagai sumber belajar. Dalam hal ini, guru berperan sebagai fasilitator. Dengan demikian, peran bahasa menjadi sangat sentral, karena bahasa harus berada di depan semua mata pelajaran lain. Kurikulum 2013 memberlakukan pembelajaran tematik terpadu yang tidak lagi berbasis mata pelajaran. Berbagai mata pelajaran untuk sekolah dasar (seperti: Agama, PPKN, Bahasa Indonesia, Matematika, IPA, IPS, dan sebagainya) diintegrasi menjadi satu buku. Materi pelajaran tidak disajikan dalam buku mata pelajaran, tetapi dalam buku tema pelajaran, baik tema alam, sosial, maupun budaya. Proses pembelajaran dalam kurikulum baru ini diimplementasikan melalui pendekatan saintifik (mengamati, menanya, menalar, mencoba, dan mengomunikasikan) yang mencakup tiga aspek, yaitu sikap, pengetahuan, dan keterampilan. Lalu, bagaimana peran bahasa Indonesia dalam pembelajaran tematik terpadu melalui pendekatan saintifik di sekolah dasar pada Kurikulum 2013 ini? Melaluimetode deskriptif, yang menjadi tujuan penulisan ini adalah mendapatkan gambaran mengenai peran bahasa Indonesia dalam Kurikulum 2013 yang menggunakan pembelajaran tematik terpadu melalui pendekatan saintifik di sekolah dasar.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

scholarly journals Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

2003 ◽  
pp. 117-135
Author(s):  
Jovan Arandjelovic
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
European Law ◽  
The Road ◽  
European Institutions ◽  
Democratic State ◽  
The Law ◽  
Sense Of Justice ◽  
New Criteria

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

scholarly journals Colour Studies: Clarification and Alpha-Numeric Adaptation of Notation Systems for Artists and Designers

1970 ◽  
Vol 4 (2) ◽  
pp. 121-148
Author(s):  
ZS Ebigbagha
Keyword(s):  
Subject Matter ◽  
Design Education ◽  
Qualitative Approach ◽  
Pivotal Role ◽  
Art And Design ◽  
Wide Range ◽  
The Subject ◽  
Effective Use ◽  
Creative Construction

Colour studies have generated much confusion in art and design education, particularly among students of the discipline in Nigeria. This is due to the complexity of the subject matter itself, wide-range of available materials and a variety of concepts developed in its multi-disciplinarity that is not kept distinct. Therefore, this paper utilizes a qualitative approach that employs the critical, historical, and analytic examination to provide clarification on the constructive and expressive aspects of colour studies. The paper introduces the reader to the pivotal role of colour and its multi-disciplinary interest. Also, it adequately clarifies paradigms and theories in the physical, psychophysical and psychological domains with particular emphasis on areas of practical value to art and design. Moreover, it considers the numeric adaptation of the colour wheel to a set of numbers for harmonic relationship. And it ends with the need for artists and designers to comprehensively grasp the contextual behaviour of colour and develop colour originality through creative construction and effective use in order to successfully express themselves in colour.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

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