scholarly journals PERLINDUNGAN HUKUM TERHADAP ISTRI DAN ANAK HASIL POLIGAMI SIRRI DI LOMBOK

2017 ◽  
Vol 4 (1) ◽  
pp. 111
Author(s):  
Muhlas Muhlas
Keyword(s):  
Legal Issues ◽  
Legal Doctrine ◽  
Positive Law

Fanaticism on the teachings of Islam in Lombok is very strong, many unregistered marriagesand divorce outside their congregation believes that it is legitimate according to religion and themajority of Lombok people’s belief, but it does not affect the low protection of wives and childrenof polygamy sirri. In this paper the author tries to explore the weaknesses of legal protectionof wives and children resulting from polygamy sirri in Lombok today By using the approachof social legal risecht, which is used in research based on the paradigm of constructivism theauthor seeks to find legal issues faced by the wife and child results Polygamy sirri in Lombok.The result is polygamy sirri which is continuously done by people who only rely on fikh doctrinewithout regard to other legal doctrine (Positive law) it will cause discrimination to woman (wife)and child because do not have base of protection.

scholarly journals PENERAPAN SANKSI PENENGGELAMAN KAPAL ASING PELAKU ILLEGAL FISHING OLEH PEMERINTAH INDONESIA (PERSPEKTIF HUKUM INTERNASIONAL)

2019 ◽  
Vol 3 (1) ◽  
pp. 27-43
Author(s):  
Siti Munawaroh
Keyword(s):  
Rule Of Law ◽  
National Development ◽  
Legal Issues ◽  
Economic Potential ◽  
Normative Study ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Illegal Fishing ◽  
Archipelago Sea ◽  
Marine Products

Indonesia is an archipelagic country which most of its territory consists of vast territorial waters (sea) and is geographically the largest archipelagic country in the world. The Indonesian Sea has an area of 5.8 million km2 consisting of; territorial sea with an area of 0.8 million km2, archipelago sea 2.3 million km2, and EEZ 2.7 million km2, and has 17,480 islands with a coastline of 95,181 km2, and has a very large and diverse fisheries potential. This research uses the normative study method of finding the rule of law, principles of law, and legal doctrine to answer legal issues in applying the sanctions of foreign vessels that do illegal fishing. The potential of fisheries is an economic potential that can be utilized for the future of the nation as a basis for national development. However, there are still irresponsible parties who take Indonesia's marine products illegally or commonly referred to as illegal fishing. Illegal fishing is a criminal act that can be subject to sanctions.

scholarly journals Eksistensi Lembaga Mediasi Sebagai Sarana Penyelesaian Sengketa Medis

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 278
Author(s):  
Evalina Alissa ◽  
Sasmiar Sasmiar
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Legal Issues ◽  
Legal Basis ◽  
Medical Work ◽  
Legal Doctrine ◽  
Legal Power ◽  
Medical Disputes ◽  
Legal Principle ◽  
Medical Disciplines

This article discusses the existence of mediation institutions as a means of resolution in disputes, which discusses the legal basis and position of the mediation institution, the criteria or medical disputes and also the legal power of the mediating institution in the resolution of medical disputes. The research method used by the author is a doctrinal research method which is intended to find a legal principle, rule of law and legal doctrine in order to get answers to legal issues in the discussion in this article. Medical disputes arise due to different interpretations between health services and the patient/ patient's family in providing services to health. However, in the medical practice law, it is stated that the settlement of medical disputes can be done through litigation and submitting complaints to the Honorary Council of Indonesian Medical Disciplines and since the health law and the hospital law, mediation institutions have begun to be recognized as an institution that conducts medical work. the settlement process outside the judiciary and has the legal power of the mediation institution.

Introduction to Genetics and the Law

2021 ◽  
Author(s):  
Maxwell Mehlman ◽  
Mette Hartlev ◽  
Sonia Suter
Keyword(s):  
United States ◽  
Gene Therapy ◽  
Genetic Testing ◽  
Informed Consent ◽  
Genomic Analysis ◽  
The United States ◽  
Legal Issues ◽  
Legal Doctrine ◽  
The Law ◽  
Material Information

This chapter provides an overview of the relationship between genetics and the law. Advances in genetics and genomics have created both hopes and concerns and raise a number of legal issues in both the United States and Europe. To understand the legal issues in genetics, it is helpful to have some understanding of the different types of genetic analysis that can be used and for which purposes. In virtually all these contexts, the doctrine of informed consent is important. While the law in the United States and Europe does not generally require non-directiveness, the legal doctrine of informed consent applies in all jurisdictions, imposing on physicians and genetic counselors the legal obligation to disclose material information that could influence a patient's decisions about genetic testing. The other ethical and legal issues that arise with genetic or genomic analysis differ depending on the purpose, context, and technology used. These legal issues concern the methods of regulating genetic tests offered in the clinical setting and through the “direct-to-consumer” online genetic testing industry; genetic discrimination; the scope of privacy protections of genetic information; and the regulation of human gene therapy, gene therapy research, and germline modifications.

Տրանսցենդենտալ ֆենոմենալոգիան որպես իրավական հետազոտությունների իրականացման մեթոդ

2021 ◽  
pp. 258-274
Author(s):  
Gevorg Barseghyan ◽  
Mane Markosyan ◽  
Hrayr Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Legal Regulation ◽  
Law School ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Advantages And Disadvantages ◽  
Positive Law ◽  
The One

This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. In the context of domestic legal doctrine, attention is paid to both advantages and disadvantages of this approach. Conclusion is made that phenomenology is a specific, effective methodology synthesizing diverse explorative perceptions. Phenomenology, as a theory and methodology of law, is part of non-classical legal science, separate elements of this method are used in the context of other non-classical legal approaches such as hermeneutics and axiology of law. It must be emphasized that phenomenology of law is an alternative to sociological and natural-legal perception of law and, at the same time, in its context the synthesis of these two methods of legal exploration is done to some extent. The main feature of legal phenomenology is its orientation to modern law as a sociological process that is going on in the world of “open” life on the one hand, and to potential law as a basis for universal ideal law, on the other hand. Phenomenological approach can be used as a mechanism for exploring current positive law. From such point of view, ideal legal system is discovered in any legal regulation due to which the enforcement of legal regulation is exercised. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. In order to satisfy the purpose set above, the following problems are introduced.  The study of transcendental phenomenology as an approach,  The study of transcendental phenomenology as a research method,  The reveal of transcendental phenomenology essence as a means of methodology of acknowledgement of law. The methodological basis of this article are the dialectical and historical methods. The object and subject of the research were observed using such general and special methods of scientific knowledge, as dogmatic, comparative-legal, legal modeling, logical analysis. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

scholarly journals Pengaturan Lembaga Penjamin Polis pada Perusahaan Asuransi di Indonesia

2020 ◽  
Vol 9 (4) ◽  
pp. 739
Author(s):  
Ni Putu Sintha Tjiri Pradnya Dewi ◽  
Desak Putu Dewi Kasih
Keyword(s):  
Legal Issues ◽  
Insurance Companies ◽  
Insurance Company ◽  
Legal Research ◽  
Positive Law

This study aims to analyze the policy underwriting organization arrangements in insurance companies in Indonesia and the absence of a policy guarantor institution at insurance companies in Indonesia. The method used in research related to the regulation of policy insurance institutions in insurance companies in Indonesia uses normative juridical legal research. This study uses a statutory approach or statute approach to analyze legal issues in this study. Sources of legal materials in this study consist of primary legal materials, secondary legal materials, and also tertiary legal materials. The results of this study found that the insurance company has not regulated the policy guarantor in Indonesia in positive law in Indonesia even though it has been mandated in Law Number 40 of 2014 concerning Insurance. The absence of regulations regarding policy underwriters in insurance companies in Indonesia has resulted in public distrust of insurance companies, so it is necessary to regulate policies related to insurance companies in insurance companies in Indonesia. Penelitian ini bertujuan untuk menganalisis pengaturan lembaga penjamin polis pada perusahaan asuransi di Indonesia serta tidak adanya lembaga penjamin polis pada perusahaan asuransi di Indonesia. Metode yang digunakan dalam penelitian terkait pengaturan lembaga penjamin polis pada perusahaan asuransi di Indonesia ini menggunakan jenis penelitian hukum yuridis normatif. Penelitian ini menggunakan pendekatan perundang-undangan atau statute approach untuk menganalisis isu hukum dalam penelitian ini. Sumber bahan hukum dalam penelitian ini terdiri dari bahan hukum primer, bahan hukum sekunder, dan juga bahan hukum tersier. Hasil dari penelitian ini menemukan bahwa belum diaturnya lembaga penjamin polis pada perusahaan asuransi di Indonesia dalam hukum positif di Indonesia walaupun telah diamanatkan dalam Undang-Undang Nomor 40 tahun 2014 tentang Perasuransian. Tidak adanya pengaturan terkait lembaga penjamin polis pada perusahaan asuransi di Indonesia mengakibatkan ketidakpercayaan masyarakat terhadap perusahaan asuransi, sehingga perlu pengaturan terkait lembaga penjamin polis pada perusahaan asuransi di Indonesia.

scholarly journals Lex Posterior and Lex Specialis Legal Maxims in Russian Criminal Law

2019 ◽  
pp. 2058-2078
Author(s):  
Aleksandr A. Petrov
Keyword(s):  
Criminal Law ◽  
System Approach ◽  
Simulation Method ◽  
Comparison Method ◽  
Similar Function ◽  
Legal Doctrine ◽  
Specific Subject ◽  
Legal Rules ◽  
Positive Law ◽  
Scope Of Application

The present article stipulates on various disputable issues of applying the general legal maxims on overcoming the conflict of lex posterior derogate priori and lex specialis derogate legi generali based on the empirical examples of contemporary Russian criminal law. The objective is to clear the peculiarities of operating the lex posterior and lex specialis maxims including, inter alia, through appealing to the doctrine and positive law in the aspect of correlation with some specific colnflict rules. For this purpose, the author turns to a number of techniques, ways and methods of legal phenomena studies, such as, particularly, system approach, ascend from abstract to specific, using the logic of standard and normative statements, conceptual and definition analysis, speculative experiment, legal and dogmatic approach, legal simulation method, law comparison method. The main conclusion of the research is formulated as follows: though the principles of lex specialis and lex posterior are generated by the legal doctrine as criteria for selecting one out of two conflicting options, the principle that a law governing a specific subject matter overrides a law governing only general matters finds a wider scope of application compared to the principle of priority of a new law over the old one. The situation is explained by the fact that lex specialis is deliberately used by the legislators to construct logical relationships of legal rules, while lex posterior does not perform a similar function

scholarly journals Unrepresented litigants in Singapore: A prolegomenon to court typologies

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Helena Whalen-Bridge
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Common Law ◽  
Legal Issues ◽  
Decision Making Process ◽  
Legal Knowledge ◽  
Judicial Decision ◽  
Legal Doctrine ◽  
Judicial Decision Making ◽  
Resolution Process

Unrepresented parties in litigation struggle with legal doctrine and puzzle over procedure. Judges provide some assistance in court, but they must exercise restraint so as not to raise questions of bias or favouritism. How do judges manage these interactions in the decision-making process? This article examines sample cases from one common law jurisdiction, Singapore, to identify the litigant in person (LIP) typologies in court-LIP interactions. There are likely a number of typologies that guide a court’s assessment and response to an LIP, but this article focuses on the typologies most relevant to judicial decision-making on legal issues, legal knowledge and credibility. Because legal knowledge and credibility typologies help courts evaluate LIPs, they assist courts to make decisions regarding unrepresented parties and allow cases to proceed to judgment. However, the typologies are not able to completely address the deficiencies LIPs bring to the dispute resolution process.

scholarly journals The scientific-legal doctrine and its influence on the law interpretation processes

2021 ◽  
pp. 99-109
Author(s):  
A. E. Shevchenko ◽  
V. K. Antoshkina
Keyword(s):  
Scientific Work ◽  
Practical Experience ◽  
Scientific Activity ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Judicial Interpretation ◽  
Legal Doctrine ◽  
The Law ◽  
Court Proceedings

The proposed paper outlines the main approaches to understanding of the scientific and legal doctrine and its constitutive features, as well as the influence on the law interpretation processes. The authors note that the scientific and legal doctrine not only defines the toolkit and approaches to the interpretation of legal texts, but forms the definitions, categories, conceptions, constructions which are used by legislators in creating regulations and by subjects of law which have to understand the true meaning of norms contained in such legal acts and implement in practice. The main provisions concerning the peculiarities of the doctrinal sources usage while judicial interpretation in different legal families are highlighted. The characteristic features of doctrinal interpretation, forms of its objectification and interconnection with judicial interpretation are determined. Particular attention is paid to the usage of doctrinal provisions in the legal interpretation by the Constitutional Court of Ukraine and the Supreme Court. The main forms in which the results of doctrinal interpretation are used in judicial activity are outlined: the functioning of scientific advisory councils, whose members provide their opinions on complex legal issues; involvement of an expert in the field of law to the court proceedings in certain cases provided by the current legislation. It is noted that during the court hearing of the case while the formation of a legal position the possibility to refer to the opinion of authoritative Ukrainian legal scholars is not typical and acceptable for the domestic legal system. It is noted that many authoritative lawyers, scientists with academic degrees and titles, who are also engaged in scientific activity, have worked and still work as judges, especially of the Constitutional Court of Ukraine. This practice is especially valuable because a judge is able to apply the results of his/her scientific work in interpreting the law in the process of judicial activity and at the same time to use his/her practical experience in scientific research. The authors of the paper cover issues related to the use of «judicial doctrines» and the solution of «exceptional legal issues», which are relatively new to domestic jurisprudence. The interconnection of these concepts with legal doctrine is determined. It is established that although the current legislation provides for certain ways of using doctrinal provisions and the results of doctrinal interpretation in law enforcement practice, but this process is not developed enough and needs further clarification. Keywords: scientific-legal doctrine, legal interpretation, doctrinal interpretation, judicial doctrines, exceptional legal problem.

The Concept of the Administrative Law Doctrine

2020 ◽  
Vol 27 (2) ◽  
pp. 14-26
Author(s):  
Tetiana Kolomoiets ◽  
Valerii Kolpakov
Keyword(s):  
Scientific Work ◽  
Legal Framework ◽  
Administrative Law ◽  
Practical Significance ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Positive Law ◽  
History Of Law ◽  
Theory Of Law ◽  
Definition Of

In conditions of modern state-building and law-making caused by significant changes in positive law, arises the necessity of developing a new understanding of the doctrine of administrative law. This understanding should be based on the methodological pluralism, present the doctrine as a complex, multidimensional system phenomenon that denotes a set of legal scientific judgments about administrative legal framework. The above outlines the purpose of this study. The main method of scientific work is the method of legal analysis, the use of which allowed, in the context of a holistic presentation of knowledge about the doctrine of administrative law, to determine its concept, structure, system by analysing the consequences of: a) the philosophy of law, b) the theory of law, c) the history of law; d) the administrative law. The focus is on the methodological significance of philosophical, theoretical positions, connections with the general legal doctrine in the mutual perception of research achievements; delimitation of administrative law with other branches; ensuring the consideration of administrative legislation in the statutory material of other branches of law (and vice versa); identification of the identity or differences in the genesis of legal phenomena, etc. It is proved that the phenomenon "doctrine of administrative law" constitutes a system described by: 1. Unity in relation to the environment (integrity) and diversity of relations with it; 2. Its structure, the presence of relatively independent components in its system; 3. The presence of determinant features of "doctrine" as an entity, which constitute the result of the interaction of its components; 4. The presence of contradictions within the system that are the driving force of self-development of the system; 5. Historicity, the presence of over-time development, the "historical basis" and the experience of the past. The definition of the doctrine of administrative law is offered. The practical significance of the research results is that the theoretical provisions and conclusions can form the basis for further research on the doctrine of administrative law and its issues

III. Verwicklungen und Entflechtungen

2015 ◽  
Vol 132 (1) ◽  
pp. 29-81
Author(s):  
Nils Jansen
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
Legal Issues ◽  
The Other ◽  
Universal Logic ◽  
Legal Reason ◽  
Positive Law ◽  
Modern Natural ◽  
The One ◽  
Religious Elements

Entanglements and disentanglements. Differentiating and dedifferentiating law and religion, statute and legal reason in early modern natural law debates. The article reconstructs the connections between modern (17th and 18th century) natural law and the 15th and 16th century catholic natural law discourse. It is shown that the modern natural law was based on the work of catholic theologians who treated questions of conscience as legal issues. The natural law was then cut out of theology by Grotius and by later natural lawyers, who reformulated within the law what they perceived as the universal elements of catholic natural law. In those debates the natural lawyers established the - since then evident - differences between positive law and natural law on the one hand and between legal and religous natural law on the other. Yet, those debates did not concern a ‘secularization’ of natural law. Much more specifically, the natural lawyers disentangled the universal logic of law and those religious elements that could, in the confessional age, no longer be regarded as universal.

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