scholarly journals Juridical Review against Incumbents Leave in Law Number 10 of 2016 on the Election of the Governor, Regent, and Mayor

2018 ◽  
Vol 14 (2) ◽  
pp. 87-93
Author(s):  
Sheila Kusuma Wardani Amnesti
Keyword(s):  
The Other ◽  
Local Elections ◽  
Conceptual Approach ◽  
Local Election ◽  
Post Conflict ◽  
Other Hand ◽  
Voluntary Consent ◽  
Election Process ◽  
The Law ◽  
Laws And Regulations

Regional head elections held simultaneously on a regular basis in five years held in several regions by the mandate of Law Number 10 of 2016 still leave some problems. These problems include pre-post-conflict local elections when post-conflict local elections and post-conflict local elections. If some of these problems are described, one of them is the problem before the post-conflict local election process, namely the issue of incumbent leave. Regarding the arrangement of incumbent leave, there is still controversy. This has a significant impact on the holding of regional head elections. Some regional heads who are running for re-election in the following period (incumbent) object to the obligation of leaves contained in Article 70 paragraph (3) of Law Number 10 of 2016. However, on the other hand, many things must be considered to maintain the contents of Article 70 paragraph (3) regarding the obligation of incumbent leave. The research is descriptive analytical, namely making a precise, factual enunciation and accurately dealing with the facts. This research is a normative juridical approach with the Law approach (Concept approach) and conceptual approach (Conceptual Approach). Obligations regarding incumbent leave are mandatory for incumbents when nominating themselves again in the next period, although in some other laws and regulations governing voluntary consent of absence rules.  

scholarly journals IDEALISME CONSTITUENDUM MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 1-18
Author(s):  
Benediktus Handoyo ◽  
Keyword(s):  
Judicial Review ◽  
The Other ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
The Law ◽  
Constitutional Jurisprudence ◽  
The Ideal ◽  
Laws And Regulations

Abstract Judicial review is one of the authorities of the Constitutional Court most often exercised. This research examines the background of the establishment of Constitutional Court in Indonesia and the ideal construction of the constituendum for the Constitutional Court in implementing the judicial review. This normative research uses regulatory and conceptual approach. The results showes first, the authority to judicial review should be placed in one institution, namely the Constitutional Court, since the continental tradion of laws and regulations is systematic, hyrarchial and pyramidal in nature. Second, the Consttutional Court’s decisions that are often ignored by the law forming institutions have resulted in the Law annulled by the Court not immediately followed up with the issuance of a replacement law. Third, judicial review should not be limited to the statute being reviewed, because the statute concerned are, more likely, related to the other statutes. And fourth, the Constitutional Court’s decisions should be regarded as constitutional jurisprudence and become referrences for the theory of constitution in general.

scholarly journals Upaya Perubahan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

2015 ◽  
pp. 166-183
Author(s):  
Yelia Natasya Winstar ◽  
Devie Rachmat Ali Hasan R
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Other Hand ◽  
The People ◽  
Maximum Protection ◽  
The Law

The Fiduciary Act should provide legal protection of the parties and legal certainty, but on the other hand there are still some weaknesses of the Fiduciary Act. This paper analyzes the weaknesses of Act Number 42 Year 1999 on Fiduciary and the need for revising the Act. The type of research is a normative legal research or library which includes a study of the principles of law and the systematics of law. The research uses the statute approach and the conceptual approach. Based on the analysis it can be concludde that it requires to revise the Fiduciary Act. Legislators should produce the law not only ensuring the legal certainty but they also can provide the law presenting justice and prosperity for the people. Revision of the Fiduciary Act is expected to provide maximum protection to the people who use the fiduciary as a guarantee agency; so that the justice will be obtained by the people to create a conducive atmosphere in the economy to increase the prosperity for them.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals Persistent Conflict and Perceived Post-Conflict Peacebuilding in Southern Kaduna Region of Nigeria

2021 ◽  
Vol 50 ◽  
pp. 1-10
Author(s):  
Tunde Abioro ◽  
Keyword(s):  
The Other ◽  
Economic Activities ◽  
Historical Approach ◽  
Secondary Sources ◽  
Post Conflict ◽  
Other Hand ◽  
People’S Perception ◽  
Origin Identity ◽  
The Government

The cycle of individual and communal lives from birth to death is supposedly preserved by the government through institutions. However, political, social, and economic activities are engaged to make ends meet wherein the government is to serve as an unbiased regulator. The activities that play out in Southern Kaduna reflected politics of being on one side with interplay on origin, identity, religion, and locality. On the other hand, it reflects politics of belonging that play on kin, reciprocity, and stranger status. It has thus resulted in violence, suspicion, and persistent conflict. The study examines citizen’s inclusiveness in peacebuilding initiatives and the people’s perception of the sincerity of the government. The research relies on secondary sources where governmental and non-governmental publications and documents from relevant and reliable sources enriched the socio-historical approach, particularly those relating to contestation in the region. The study found out that just like situations in the other northwest states of the country, the crisis exacerbates by the government’s inability to mediate fairly between warring parties to ensure fairness and justice as well as failure to apprehend and punish the culprits, even as recommendations from the various interventions were unimplemented. Thus, the spate of violence continues.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals Dual citizenship and military service in Yugoslav law

1999 ◽  
Vol 71 (12) ◽  
pp. 204-209
Author(s):  
Tamaš Korhec
Keyword(s):  
Military Service ◽  
General Rule ◽  
The Other ◽  
Dual Citizenship ◽  
Other Hand ◽  
The Law ◽  
The Military

Persons with two or more citizenship are exceptions from the rule that one person has a citizenship of one state. Yugoslav Law make no restrictions for Yugoslav citizens to gain the citizenship of other states, besides the citizenship of the FRY, with the general rule that these dual citizens shall be treated as Yugoslav citizens during there residence in FRY. On the other hand, concerning the military service the Law on Yugoslav Army makes an exception, and provides that dual citizens, regular service in military is conditional and facultative obligation. This pretty vague rule has been recently interpreted by the decisions of the Supreme military court.

Indecent Exposure

2020 ◽  
pp. 225-248
Author(s):  
Stuart P. Green
Keyword(s):  
The Other ◽  
Political Protest ◽  
Criminal Sanctions ◽  
Other Hand ◽  
Sensual Pleasure ◽  
The Law

This chapter considers the flip side of voyeurism—namely, indecent exposure, or exhibitionism. Whereas in voyeurism, the offender views his victim’s private activities without her consent, in indecent exposure, he subjects her to his own intimate activities. The interests and rights at stake in the two offenses are thus complementary. This chapter argues that criminal sanctions for indecent exposure are ultimately justified not on the basis of its harms, which are relatively minor, but rather on the basis of its tendency to cause offense. Unlike incest and sadomasochistic assault, which are usually performed in private, indecent exposure is normally committed in public and specifically intended to cause shock, distress, or disgust. On the other hand, some exhibitionists will have legitimate reasons for exposing themselves. They may be engaging in political protest, participating in an artistic endeavor, communing with nature, or exploring sensual pleasure. The chapter suggests that under liberal principles, the law of indecent exposure should be applied only to the most egregious and offensive sorts of exposure for which there is no legitimate justification.

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