scholarly journals Globalization and the crisis in law: Rethinking ethics and morals in the postmodern State

2016 ◽  
pp. 98-119
Author(s):  
Carla Dendasck ◽  
Adonias Osias da Silva
Keyword(s):  
Paradigm Shift ◽  
Critical Analysis ◽  
Economic Globalization ◽  
Positive Law ◽  
The North ◽  
Constant Change ◽  
The Law ◽  
The Right

This test aims a critical analysis on the technological and economic globalization and its impact on positive law, with its formal face normativista logic the contexts that are increasingly complex and changeable. Starting from this premise, it is intended to assess how the ethics and morals can serve from the North in this paradigm shift that is necessary for an application of the law that best meets the aspirations of the citizen in a society in constant change. The aim is to analyze the role of the right under this new globalization bias and its relevance to the modern man.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

scholarly journals Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan

2017 ◽  
Vol 5 (2) ◽  
pp. 108
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Legal System ◽  
Legal Certainty ◽  
Rights Management ◽  
The Law ◽  
The Right ◽  
Civil Trial ◽  
Civil Courts

<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals THE CORRESPONDENCE OF THE PERSON'S, SOCIETY'S AND THE STATE'S IMPORTANT INTERESTS THROUGH THE PRISM OF ADMINISTRATIVE AND LEGAL INSURING OF CYBER SECURITY

2020 ◽  
pp. 47-55
Author(s):  
M. Pleskach
Keyword(s):  
Cyber Security ◽  
Personal Data ◽  
The State ◽  
Legal Method ◽  
Legal Nature ◽  
Cyber Space ◽  
The Law ◽  
The Right ◽  
Proper Balance

The article is devoted to the issue on balancing the important interests of a person, a society and the state in cyber space by means of administrative law. The purpose of this article is to determine the legal nature and the role of the correspondence of the important interests of a person, a society and the state in cyber space in the context of administrative and legal provision of cyber security. The paper also deals with a proper balance between the law-enforcement interests of the state and the respect for fundamental human rights. The method of analysis has revealed in clarifying some features of concepts "interest", "need", "right". The method of synthesis has been used to define common concepts, for example "person's interest in cyberspace". Comparative legal method has been used in the process of comparison of the legislation of Ukraine and the international legislation that governs the issue on balancing the important interests of a person, a society and the state in cyber space. The author of this research presents the possible structure of person's cyber security through a set of important person's rights and interests in cyberspace, for example, the right to access to the Internet; the right to protect personal data in cyberspace; the right to be protected from aggressive marketing technologies in cyberspace, the prohibition of monitoring, including through cookies, HTTP, HTML5 markers or other technologies; the right to education, the right to access knowledge through the use of cyberspace etc. Conclusions and proposals of this research can be used for further research and for improving the administrative and information legislation of Ukraine, including the Law of Ukraine "On the Fundamental Principles of Cyber Security of Ukraine". Keywords: the balance of interests of the person, society and state, cyber space usage, public interest, private interest.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

scholarly journals The right to education of persons with disabilities

2017 ◽  
pp. 32-45
Author(s):  
Guillermo Moreno De Gracia
Keyword(s):  
Paradigm Shift ◽  
Human Being ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Legal Standard ◽  
The Law ◽  
Diversity Curriculum ◽  
The Right ◽  
Educational Inclusion ◽  
Physical Accessibility

When speaking about education, we can't just think about the ordinary human being called "normal", but it should also address diversity. Curriculum accommodations, adaptations and physical accessibility are greatly important for educational inclusion to exist. A paradigm shift for educators involves the knowledge and acknowledgement of what disability is. On this note we outline from the legal standard all the instruments currently available which guarantee the right to education of personswith disabilities. Not only it is the Law or the standard, but there has to exist knowledge and acknowledgement of what it is in order for everyone to apply and comply.

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