scholarly journals The Law and the Stateless society

Author(s):  
Lucas De Siqueira Bentes

This paper presents the main attributes of the law with regard to the development and prosperity of an economy, following the principles set forth by the Austrian School. The law has an intrinsic nature with themarket economy and yet is ignored by its researchers. The libertarian legal theories allow us to fully understand that since its inception, the law is a means of structuring the behaviors of individuals. And the stronger and spontaneous were its institutions, the more the society thrived. Nevertheless, the State significantly weakened the pillars of the law, seizing its foundations and making itself its sole operator, rotting its most vital roots. We must treat the State as a player in the vast market of government. In so doing, it will be responsible for its mistakes because only competition in a huge market can drive a nation to prosperity with the right laws.

Author(s):  
Saim Aksnudin

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.


Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda


2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship


1976 ◽  
Vol 11 (4) ◽  
pp. 516-562 ◽  
Author(s):  
Barry Feinstein

Dean Acheson frankly reconfirmed the right of self-preservation, when he asserted, “…law simply does not deal with … questions of ultimate power—power that comes close to the sources of sovereignty…. No law can destroy the state creating the law. The survival of states is not a matter of law”. It is beyond the law.Given the existence of man's elementary loyalty to autonomous states, the necessity for using force springs from the need of states to depend fundamentally on self-help in order to guarantee their survival and welfare. This search for security in a system of politics without government, forces the state to be dependent upon military self-help.


Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.


2009 ◽  
Vol 42 (3) ◽  
pp. 564-602
Author(s):  
Dan Ernst

The Article argues for a new assessment of the significance of Israel's Law of Return—that the Law of Return reflects not the sovereign prerogative of a state to control immigration, but the right of every Jew to settle in the Land of Israel. This understanding of the Law of Return explains why Section 4 proclaims that as far as the Law is concerned, the status of Jews born within the State of Israel is the same as those arriving to Israel from abroad. Resolving the anomaly of Section 4 dispels several misinterpretations of the Law of Return and the critiques of the Law which grow out of these misinterpretations. The Article also surveys and answers several liberal objections to Israel's policy of granting preference in immigration and naturalization based on ethno-national identity and presents an argument, for giving priority to Jewish immigration and naturalization based on the extra benefits (religious, political, and communal) that Jews receive from such immigration and naturalization. Finally, it is submitted that the State of Israel has an obligation of justice to admit Jews into the state as full citizens upon their demand, since this was a reasonable expectation of those in past generations who had contributed to the existence and maintenance of the state.


2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.


2008 ◽  
Vol 2 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Chaim Gans

It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel should be the existence of a Jewish majority within it. While I discussed this issue elsewhere; here I discuss the legitimate means for the realization of these goals. Israel’s principal means for realizing these objectives thus far has been its Law of Return and its Citizenship Law. These laws afford every Jew anywhere in the world the right to immigrate to Israel and become a citizen of the State of Israel. Many liberals and left-wingers consider these laws to be tainted with racism, because they regard any nationally-based preference with regard to immigration to be a form of racism. In the first part of my paper I argue against this position. I offer three justifications for nationality-based preferences in immigration. However, the fact that nationality-based priorities in immigration are not necessarily racist and that there are legitimate human interests justifying such priorities, does not entail that the specific priorities manifested by Israel’s Law of Return and its other immigration and citizenship policies are just. These policies in effect mean that all Jews and only Jews (or anyone related or married to a Jew) have the right to immigrate to Israel and to become fully integrated in Israeli life. In the second part of the paper, I argue that these two aspects of Israel’s immigration policies, namely, its almost categorical inclusion of all Jews and its almost categorical exclusion of all non-Jews, are somewhat problematic. In addition to the Law of Return, a number of additional ways to ultimately increase the number of Jews in relation to the number of Arabs have been proposed and even adopted in Israel in recent years. During the incumbency of the fifteenth Knesset, right-wing Member of Knesset Michael Kleiner tabled a draft bill intended “to encourage people that do not identify with the Jewish character of the state [i.e., Palestinian citizens of Israel C.G.] to leave.” The Israeli Government later tabled a bill—that was eventually passed—to amend the Israeli Citizenship Law in a manner that would deny Arabs who are Israeli citizens and have married Palestinian residents of the Occupied Territories the right to live in Israel with their spouses and children. In the third part of the paper, I clarify why in contrast to granting Jews priority in immigration, both the aforementioned laws, namely, Kleiner’s law and the law pertaining to family unification are racist and are therefore morally unacceptable.


2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.


2019 ◽  
Vol 16 (2) ◽  
pp. 274
Author(s):  
Muwaffiq Jufri ◽  
Mukhlish Mukhlish

Pemisahan agama dan kepercayaan dalam konstitusi adalah suatu kebijakan yang menimbulkan beragam permasalahan. Seringkali para penghayat kepercayaan mengalami intimidasi ataupun hal-hal lain yang mengganggu pelaksanaan hak sipilnya untuk menganut dan mengamalkan ajaran kepercayaan yang dianutnya. Dengan dalih kepercayaan bukan agama, para pelaku anarkisme seringkali melakukan pelarangan dan kekerasan terhadap para penganut kepercayaan. Kajian ini menggunakan metode penelitian hukum normatif. Sedangkan hasil penelitiannya ialah bahwa 1) Alasan hukum pemisahan pengaturan antara agama dengan aliran kepercayaan disebabkan oleh politik pembedaan pendefinisian keduanya dimana kepercayaan diamsusikan sebagai tradisi dan ajaran luhur masyarakat yang bersumber dari budaya yang keberadaannya di luar agama. 2) Pemisahan agama dan kepercayaan berakibat hukum tidak diakuinya aliran kepercayaan sebagai agama resmi negara, padahal status aliran kepercayaan merupakan agama lokal yang diyakini sebagai agama oleh para penganutnya. Pemisahan ini juga mengakibatkan hadirnya beragam sikap diskriminatif yang berpotensi mengganggu dan merampas hak setiap warga negara dalam meyakini suatu agama, dalam hal ini hak beragama yang diganggu dan dirampas ialah hak untuk meyakini agama lokal sebagai agama warisan leluhur bangsa Indonesia. The separation of religion and indigenous religion in the constitution is a policy that causes various problems. Often the beliefs of the indigenous religion are intimidating or other things that interfere with the exercise of civil rights to embrace and put into practice the beliefs embraced. Under the pretext of non-religious convictions, the perpetrators of anarchism often make prohibitions and violence against believers. This research uses normative legal methods. The results of the research are: The first, the legal reason for the separation of rules between religion and indigeneous religion is caused by the politics of defining both of them in which beliefs are interpreted as traditions and noble teachings of society originating from cultures which are outside of religion; The second, that the separation of religion and indigenous religion that is caused in the law does not recognize the indigenous religion as the official religion of the state, while the status of the indigenous religion is a local religion that is considered as a religion by his believers. This separation also makes several of discriminatory attitudes come up to have potency in disrupting and robbing every citizen’s right to believe in a religion. In this case, the right which is bullied is the right to believe in local religion as the religion of the Indonesian ancestral heritage.


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