Argumentacja filozoficznoprawna w wystąpieniach posłów na posiedzeniach Sejmu Rzeczypospolitej Polskiej VIII kadencji

2021 ◽  
Vol 1(162) ◽  
pp. 59-81
Author(s):  
Grzegorz Maroń
Keyword(s):  
Legal Argumentation ◽  
Judicial Discretion ◽  
Moral Norms ◽  
Social Legitimacy ◽  
Parliamentary Debate ◽  
Utilitarian Value ◽  
Formal Rule ◽  
The Law ◽  
Law And Justice ◽  
The Republic

The article approximates and critically assesses the philosophical and legal argumentation of deputies contained in their speeches at the sittings of the Sejm of the Republic of Poland of the 8th term (2015–2019). It discusses cases where parliamentarians, among other things, referred to the assumptions of particular philosophical-legal schools; commented on the essence, fea- tures, goals and values of law; argued about the optimal degree of positivisation of moral norms; quoted philosophers. The study revealed the in uence of the party a liation of MPs on their philosophical and legal argumentation. Deputies of the Law and Justice Party more often than others referred in their speeches to the axiology of law and natural law, emphasized the importance of justice and equity in the process of enacting and applying the law, and under- lined the role of social legitimacy of normative acts and court rulings. On the other hand, MPs belonging to the parliamentary opposition — especially the Civic Platform and the Modern Party members — highlighted the formal rule of law, opposed bills perceived as moralistic and confessional, and sought in justice and equity as the criteria for judgements the sources of excessive judicial discretion that threatened legal certainty and security. In the author’s view, the broadly understood philosophy of law has a utilitarian value for the parliamentary debate. It is desirable, however, that MPs’ remarks of a philosophical and legal nature should be part of factual argumentation, and not reduced to super cial rhetoric or linguistic ornamentation.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals Democracy Towards Authoritarianism Under Illiberal Populist Leaders in Hungary and Poland

2019 ◽  
Vol 13 (1) ◽  
pp. 31-48
Author(s):  
Onvara Vadhanavisala
Keyword(s):  
Cold War ◽  
Slovak Republic ◽  
European Countries ◽  
Court System ◽  
The European Union ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
Visegrad Group ◽  
The Eu

Abstract A quarter of a century ago, the Soviet Union dissolved and the Cold War ended. Now the current political era involves a broad challenge to liberal democracy in the European Union. Central European countries such as the Czech Republic, Hungary, the Republic of Poland, and the Slovak Republic (‘the Visegrád Group’) joined the EU in 2004 with the hope that the post-Cold War era would be one of peace and stability in Europe, including (most importantly) the expansion of Europe’s democracy. A turning point came in 2014, however, when the Syrian refugee crisis hit the EU and caused a political ‘about face’. The European refugee and migrant crisis have strengthened right-wing populism among the European countries, including the Visegrád group. Obviously there are certainly similarities between the populist rhetoric of Hungary’s ruling party, Fidesz, and the Law and Justice party (known as PiS) which is governing the Republic of Poland. The two countries appear to be following the same path of becoming ‘illiberal democratic’ states. The templates of authoritarianism which both countries have adopted involve the following: the restriction of civil society and the independence of the media, control of the judiciary and the court system, together with the transformation of the constitutional framework and electoral law in order to consolidate power. This paper analyses two examples of authoritarian populist leaders: first, Viktor Orbán, the Prime Minister of Hungary of the Fidesz Party and, second, Jarosław Kaczyński, a leader of the Law and Justice Party (PiS) in Poland. A brief description of each is provided as a background for the discussion which follows.

scholarly journals Politik Hukum Kekuasaan Kehakiman Di Indonesia

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Wira Paskah Withyanti
Keyword(s):  
Judicial Power ◽  
Constitutional Court ◽  
Independent State ◽  
State Laws ◽  
Political Dynamics ◽  
Independent Judiciary ◽  
Democratic State ◽  
The Law ◽  
Law And Justice ◽  
The Republic

Along with the continued development of the political dynamics that occurred during the founding of the Republic of Indonesia has a significant impact on the survival and growth of judicial power. Initial ideas of placing the judicial authorities and the independent judiciary free from interference by other branches of power have a long history. In carrying out the duties of a judge must be able to manage skills and as an upholder of justice professional, kind and reliable. Since this is an important prerequisite. Because of the ebb and flow of political dynamics in Indonesia that today is a democratic state. Where Indonesia recently found his form when the reform introduced in 1998. A new independent judicial power can be realized in a more noticeable when the Suharto regime fell, and then transforms the Law No. 40 of 1970, and then followed by a change to the provisions of Article 24 of the Constitution of 1945. Political law is closely related to the judicial authorities and the judiciary is independent state authority to conduct judiciary, enforcing the law, and justice based on Pancasila, for the implementation of state laws in the Republic of Indonesia. Implementation of judicial power carried by a Supreme Court and judicial bodies underneath, which is the general courts, religious courts, military courts, administrative courts, and a Constitutional Court. Judicial power in Indonesia is an independent and independent authority charged with adjudicating and enforcing law and justice based on Pancasila and the 1945 Constitution.

scholarly journals INDIGENOUS COMMUNITY, CUSTOMARY LAW AND MULTICULTURALISME IN INDONESIA

Al-Albab ◽  
2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Zaenuddin Hudi Prasojo
Keyword(s):  
Restorative Justice ◽  
Common Good ◽  
Indigenous Communities ◽  
Customary Law ◽  
New Order ◽  
West Kalimantan ◽  
The Law ◽  
Law And Justice ◽  
The Republic

The awareness of awakening and efforts in reviving the customary law of indigenous communities in Indonesia has been going on for a long time, at least since the end of the reign of the New Order Regime. Customary law as one of the authentic capital of indigenous communities is a reflection of the existence of multicultural principles that have actually existed and been part of the Indonesian society. This work explores the case of cutomary law in West Kalimantan on Katab Kebahan’s practices in Melawi which is potential to be included to the National law. The role of customary law in the life of the multicultural society, like West Kalimantan society, in the modern era should be aligned with the history of the Unitary State of the Republic of Indonesia which was founded by the best children of the nations that agreed to establish a state based on the supremacy of law. Customary law is part of the state law. Therefore, there is s need to think of a proper format for the position and the role of customary law in the Indonesian legal system for the prosperity of society based on equality before the law and justice in accordance with the ideals of the nation. This paper suggests that, as an alternative as to where we might put the position of customary law in a multicultural nation today, we can take the example from patterns made by several countries that have adopted Restorative Justice systems with the main principles that the law is a device to resolve the problems in a just and fair way and with the awareness to return all the problems to the perspective of the law for the common good. Key words: cutomary law, mulitcultural society, restorative, justice

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

The Day of Remembrance of the “Cursed Soldiers”: commemorative practices in contemporary Poland

2019 ◽  
pp. 269-288
Author(s):  
Anna Lagno
Keyword(s):  
Political Struggle ◽  
Parliamentary Elections ◽  
Additional State ◽  
The Law ◽  
Law And Justice ◽  
Rewriting History ◽  
Key Questions

Since 1 March 2011 Poland has marked the National Day of Remembrance of the „Cursed Soldiers” (Narodowy Dzień Pamięci “Żołnierzy Wyklętych”) — members of the anti-Communist underground in the 1940s and 1950s who tried to prevent Poland’s sovietisation and subordination to the USSR. The idea of establishing such a state memorial day was expressed in 2010 by Lech Kaczyński, the then President of Poland and one of the leaders of the Law and Justice Party (L&J). During the debates on the Bill of the National Day of Remembrance in the Sejm, the deputies of the two main opposing parties voted in favour almost unanimously and the Senate approved it without making any changes. After President Bronisław Komorowski signed it on 1 March 2011, Poland acquired an additional state holiday. In 2015, after the Law and Justice Party won both the presidential and parliamentary elections, the issue of the „cursed soldiers” turned into one of the key questions in historical policy. The „Civic Platform” party, forced to move over to the opposition benches in parliament, sounded the alarm, accusing the L&J party of rewriting history and primitivising the image of the anti-Communist underground. Thus, the memory of the “cursed soldiers” transformed from an issue that united political opponents to a topic for arguments and political struggle. The article attempts to show how the L&J party used the preservation of the memory of the “cursed soldiers” for its own political purposes, including its fight against the opposition.

ABOUT SOME CHANGES AND ADDITIONS TO ANTIMONOPOLY LEGISLATION (BY THE EXAMPLE OF THE REPUBLIC OF BELARUS)

2020 ◽  
Author(s):  
O.V. Sinyak
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic

The main changes and additions in connection with the entry into force of the new version of the Law are considered. The purpose of the new edition of the Law is to improve the norms of antimonopoly laws, taking into account the practice of its application, bringing them into line with international legal acts that make up the law of the Eurasian Economic Union

Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects

2020 ◽  
Vol 02 (12) ◽  
pp. 1-4
Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  
Keyword(s):  
Comparative Analysis ◽  
Administrative Reforms ◽  
State Management ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.

Tamils and the Haunting of Justice

2014 ◽  
Author(s):  
Andrew C. Willford
Keyword(s):  
Migrant Workers ◽  
Race And Ethnicity ◽  
Kuala Lumpur ◽  
Labor Costs ◽  
Way Of Life ◽  
Land Use Patterns ◽  
Use Patterns ◽  
Critical Issues ◽  
The Law ◽  
Law And Justice

In 2006, dejected members of the Bukit Jalil Estate community faced eviction from their homes in Kuala Lumpur where they had lived for generations. City officials classified plantation residents as squatters and questioned any right they might have to stay. This story epitomizes the dilemma faced by Malaysian Tamils in recent years as they confront the collapse of the plantation system where they have lived and worked for generations. Foreign workers have been brought in to replace Tamil workers to cut labor costs. As the new migrant workers do not bring their whole families with them, the community structures need no longer be sustained, allowing more land to be converted to mechanized palm oil production or lucrative housing developments. Tamils find themselves increasingly resentful of the fact that lands that were developed and populated by their ancestors are now claimed by Malays as their own; and that the land use patterns in these new townships, are increasingly hostile to the most symbolic vestiges of the Tamil and Hindu presence, the temples. This book is about the fast-approaching end to a way of life, and addresses critical issues in the study of race and ethnicity. It demonstrates which strategies have been most “successful” in navigating the legal and political system of ethnic entitlement and compensation. It shows how, through a variety of strategies, Tamils try to access justice beyond the law-sometimes by using the law, and sometimes by turning to religious symbols and rituals in the murky space between law and justice.

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