scholarly journals Kajian Kritis terhadap Pengaturan Pemilihan Gubernur Bupati dan Walikota di Indonesia Tahun 2020

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 184
Author(s):  
M Muslih
Keyword(s):  
Public Law ◽  
Legal Regulations ◽  
Domino Effect ◽  
Legal Norms ◽  
Legal Communication ◽  
Knowledge Identification ◽  
The Law ◽  
High Dynamics ◽  
Selection Of

The selection of regional heads in the perspective of the law is identical to the implementation of the law, as the state of law then every activity should be based on legal regulations as a guide as well as a legal benchmark is not tender an action related to the selection of On the other hand the legislation that regulates the selection of regional heads is relatively numerous and is spread over several statutory regulatory documents. The ideality of the regional head elections is strongly influenced by the level of public law awareness, where one indicator is the knowledge (identification) of the law. If the identification of the legal norm encountered a problem due to a pattern of less efficient legal communication will provide a burden of influence on the level of legal awareness of society which in turn will affect the quality of regional head selection. This article aims to describe how easy it is to know and understand the legal norms of regional head elections in Indonesia. The scope of this writing discredited the high dynamics and widespread the spread of the electoral regulations of the regional head, therefore the methodology used is normative legal research methods with qualitative analysis. One of the modern legal properties is its accurate predicting.  Departing from the teaching, the setting of regional head elections in such a way will cause a domino effect/implication, difficult to identify positive norms, consequently legal knowledge and the understanding of law selection of the head of the Deaarah will be difficult to achieve. This reality causes a level of legal awareness that is expected to be difficult to realize, the awareness of the law is not ideal, will lead to the implementation of the head of the territory is not ideal. Such conditions will potentially encourage the election of regional head candidates who are also not ideal.

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

scholarly journals Community Pharmacies in Poland—The Journey from a Deregulated to a Strictly Regulated Market

2020 ◽  
Vol 17 (23) ◽  
pp. 8751
Author(s):  
Marcin Wiśniewski ◽  
Urszula Religioni ◽  
Piotr Merks
Keyword(s):  
European Union ◽  
Patient Care ◽  
Community Pharmacies ◽  
Legal Regulations ◽  
European Union Countries ◽  
The Law ◽  
The Impact

Community pharmacies are the primary entities providing drugs to individual patients in Poland. The pharmacy market has been changing for many years due to significant changes in market regulations. These changes significantly affect the profitability of pharmacies, which may impact the quality of pharmacotherapy. The small number of pharmacies, which resulted from changes in the law in 2017, can influence the level of patient care. The article presents the community pharmacies market in Poland. Particular attention is paid to the legal regulations affecting community pharmacies and the impact of these regulations on the overall shape of the market. The Polish system’s specificity, including the pharmacy market indicators, has been compared with data from other European Union countries.

scholarly journals Setting the Effectiveness of Law Position and Code Notary to the Quality of Performance

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 797
Author(s):  
M. Indah Verena Ferdiyanti ◽  
Amin Purnawan ◽  
Soegiyanto Soegiyanto
Keyword(s):  
Code Of Ethics ◽  
Code Of Conduct ◽  
Legal Norms ◽  
Normative Approach ◽  
The Creation ◽  
The Law

This study aims to determine the readiness of governments to regulate and promote the performance of the notary through UUJN and implementation supervision performed by the Supervisory Council, how effective arrangements and Notary Code UUJN to the quality of performance of a notary. The writing method is based on the normative juridical research with a normative approach carried out by analyzing the material by reference to the norms of law - legal norms in the implementation of the code of conduct notary. The results of this study that the notary in carrying out its duties and responsibilities can not be separated from the code of conduct that has been set. But not infrequently the notary work outside their code of ethics. Actions that violate the code of conduct notary, such as signing a deed that is not done in the presence of a notary, a deed outside the office and a deed which is not in accordance with the provisions contained in Law No. 2 of 2014. This of course led to the violation of the law regarding the conduct of their duties. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out INI is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership. So supervision by the Indonesian Notary Association (INI) has an important role towards the creation of a notary who work according to the code of conduct. Monitoring carried out THIS is more enforcement against notary abuse, such as giving reprimand, warning and suspension or even expulsion from membership.Keywords: Notary Act (UUJN); Notary Code; Indonesian Notaries Association. 

Realms of Legal Interpretation

2018 ◽  
Author(s):  
Kent Greenawalt
Keyword(s):  
United States ◽  
Common Sense ◽  
Public Law ◽  
Legal Interpretation ◽  
Legal Requirements ◽  
Public And Private ◽  
Legal Norms ◽  
Legal Standards ◽  
The Law ◽  
Context Shapes

Legal norms may forbid, require, or authorize a particular form of behavior. The law of contracts, for example, informs people how to enter into agreements that will bind both sides, and from this we establish legal requirements on how they should behave. In public law, legal standards provide authority to legislators and executive officials to set standards for citizens, and also give judges the authority to decide disputes by applying and interpreting governing standards. This book focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, it argues, is that we do not, and never have, agreed on all the details of the standards United States judges should employ—like everyone else, judges have different ideas of what constitutes good common sense. Moreover, circumstance regularly throws up hurdles. For instance, what should a judge do if the text of a statute does not fit the intention of the legislators, or if someone has obviously and mistakenly omitted a necessary item from a will or contract? Different judges react in different ways. Acknowledging that courts will never agree upon a uniform approach to applying norms and interpreting the law, the book’s aim is to provide a capacious model for approaching hard cases sensibly in both public and private law. The book also serves as a guide to the major forms of legal interpretation for non-lawyers.

scholarly journals Manajemen Masjid Dalam Peningkatan Kualitas Pengurus dan Jamaah Masjid Al-Birr Perumnas Wekke’e Kota Parepare

2019 ◽  
Vol 9 (1) ◽  
pp. 103-122
Author(s):  
Muhammad Qadaruddin ◽  
Ramli ◽  
Nurlaela Yuliasri
Keyword(s):  
Knowledge Management ◽  
Media Selection ◽  
The Law ◽  
Selection Of

Improving the quality of jama'ah through the management of the mosque, doneby: how to organize the mosque, how to plan, organize, implement and evaluate so thatthe planned program gets input. The stages of planning include the selection of speakers,packaging messages, media selection, to the level of effects of program implementation.Furthermore, the results of the implementation of mosque management activities, it isexpected there is an increase in knowledge management and pilgrims about tajwid andzakat profesi. Most of the board and the pilgrims when asked questions and asked to readthe verses of the Qur'an by the speakers, have been able to mention the letters hijaiyahwell, understand the law if one in reading the Koran, the question and enthusiasm relatedto professional zakat by board and congregation is a testament to the increasingunderstanding of board and congregation. As an output of mosque managementactivities.

scholarly journals STUDY ENVIRONMENT AS A LEGAL CATEGORY

2013 ◽  
Vol 5 (3) ◽  
pp. 28-41
Author(s):  
Sergejus Neifachas ◽  
Andrej Rudanov
Keyword(s):  
Higher Education ◽  
Public Discourse ◽  
Legal Philosophy ◽  
Legal Regulations ◽  
Legal Norms ◽  
Legal Relationship ◽  
Public Education Policy ◽  
The Law ◽  
Legal Concepts ◽  
Education Science

This article was prompted by the disputes often arising in Lithuanian public discourse and concerning the change in the study environment in higher education, the limits of the interpretation of study environment as a legal category, and a certain vacuum in the legal philosophy of the educational system, which prevents proper development of the authentic science of education law. Writing about the study environment means writing about higher education, the law, and the perception of the law, while writing about the interpretation of the study environment should start with the theories of concept interpretation. We will there-fore see that the interpretation of study and environment as legal concepts will undoubtedly link the science of law to hermeneutics, education science, politics, and philosophy. Exami-nation of the study environment as a legal category in the legal discourse about Lithuanian higher education is very poorly developed. This is how the idea for this article came about: to present the perception of the study environment as a legal category through the examina-tion of interdisciplinary public (education) policy and legal research. The article aims to dis-cuss the concept of study environment and its content, to define aspects of the formation (content contexts) of the study environment as a legal category by highlighting methodolog-ical positions, and to explain the legal norms that establish the study environment as a legal category. Key words: study environment, legal category, legal idea, legal norm, legal relationship in the study environment, limits of legal regulations.

scholarly journals RECHTSVINDING METHOD OF JUDGES IN FILLING LEGAL EMPTY "STUDY OF APPROACHES IN LEGAL DISCOVERY"

2019 ◽  
Vol 11 (2) ◽  
pp. 135-152
Author(s):  
Apipuddin Apipuddin
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Legal Norms ◽  
Legal Rules ◽  
Procedural Law ◽  
The World ◽  
Characteristic Views ◽  
The Law ◽  
Legal Discovery

One of the important stages in the world of justice is the stage of legal discovery by judges to resolve cases that are being disputed. Many new cases emerge and escape from existing legal rules resulting in a legal vacuum, while judges must not refuse to examine, try and decide on cases that come to them on the grounds of lack of law or unclear regulation. Judges are required to find the law in resolving disputes. On the other hand, the implementation of procedural law shows a formalistic, positivistic, and textualist image, and the condition is assumed to be a part that contributes to the method of legal discovery by judges and the quality of decisions produced. In a pluralistic state of law such as in Indonesia, of course, the legal discovery of justice must be based on the perspective and method of studying legal science. The study must not stop let alone rely only on the perspective of positive legal ansicht. It is important for judges to accommodate perspectives, approaches, theories, rules, and other legal norms such as Islamic Law with the Istinbath Al-Ahkam method and Customary Law with their very varied and characteristic views on the law. The comprehensive review is expected to have an impact on the inclusiveness of judges in harmonizing all approaches and legal systems that apply in their decisions and does not consider the position of the text of the legislation to be final and free from penetration of the interpretation of reason that develops in accordance with the behavior of the community, which is very dynamic.

scholarly journals Use of international experience in the system of selection of ukraine’s penitentiary personnel

2021 ◽  
Vol 2021 (2) ◽  
pp. 67-78
Author(s):  
H. P. Zaluhovska ◽  
Keyword(s):  
Pilot Project ◽  
Foreign Experience ◽  
Advantages And Disadvantages ◽  
Vacant Position ◽  
The Law ◽  
National Police ◽  
The Military ◽  
Statutory Regulation ◽  
Selection Of

The peculiarities of candidates’ selection for work in the State Criminal and Executive Service of Ukraine are considered in the article. The statutory regulations that determine the requirements for applicants to serve in the SCES of Ukraine, among which the leading place is occupied by the Law of Ukraine “On the SCES of Ukraine” and the Law of Ukraine “On National Police” are analyzed. The advantages and disadvantages in the functioning of the domestic system of requirements for candidates for work in the SCES of Ukraine are revealed. Enough attention is paid to the Ukrainian and foreign approaches to the staffing of the Penitentiary System. The standard of requirements for candidates for employment in the Penitentiary System, enshrined in international legal acts, is analyzed, as well as the requirements for candidates for employment in such countries as Germany, Switzerland, Iceland, Austria, Canada and Denmark, which are not typical for the Ukrainian Penitentiary System, are considered and analyzed. In order to improve the current legislation governing the selection of persons to the SCES of Ukraine, the article provides a comparative analysis of the procedure for staffing foreign and Ukrainian penitentiary bodies and institutions, as well as the requirements for candidates for the SCES of Ukraine and foreign Penitentiary Systems. Due to this, promising approaches to improving the quality of staffing of the Penitentiary System of Ukraine are revealed and the feasibility of using foreign experience in recruiting for the penitentiary system of Ukraine is substantiated, as well as the changes to current legislation setting requirements for candidates for SCES of Ukraine are proposed. At the same time, it is emphasized that borrowing positive foreign experience of completing penitentiary positions requires amendments to the current legislation of Ukraine, as well as synchronization with the peculiarities of the Ukrainian Penitentiary System by creating a pilot project in order to actually test the results of world analysis, monitoring and tracking the changes, on the basis of which it will be possible to make further decisions. The expediency of creating a separate statutory regulation, the purpose of which is to regulate the procedure for passing the military medical commission exclusively by candidates for service in the SCES of Ukraine and junior enlisted as well as the command staff of the SCES of Ukraine, is substantiated. Key words: penitentiary system, personnel, vacant position, position requirements, selection system.

scholarly journals QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN

2021 ◽  
pp. 34-38
Author(s):  
A. S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Law Enforcement ◽  
Citizen Science ◽  
Common Property ◽  
Family Law ◽  
Legal Norms ◽  
The Family ◽  
The Law ◽  
Family Code ◽  
Law Making

Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.

scholarly journals Geographical Indications and Traditional Specialities: Case Study of Poland

2018 ◽  
Vol 18(33) (3) ◽  
pp. 229-237
Author(s):  
Inga Oleksiuk ◽  
Agnieszka Werenowska
Keyword(s):  
Rural Areas ◽  
Agricultural Production ◽  
Geographical Indications ◽  
Legal Regulations ◽  
High Quality ◽  
The Law ◽  
Contemporary Development

The contemporary development of rural areas requires verified agricultural production and support for manufacturing of traditional and regional high-quality products. The aim of the research described in this article has been to assess customer awareness of these products and to identify the features attributed to them in view of existing legal regulations. A catalogue of currently binding regulations has been established, taking account of their axiological assumptions, and results of a survey have been analysed. An assessment of the law functioning in this area has allowed the conclusion that a simplification of the existing regulations and procedures is needed. This is the precondition for the axiological assumptions of the said regulations to be fulfilled. The weight of the discussed subject has been proven by the results of the conducted survey: 93% of the respondents declared buying the described products. The quality of the products, as well as the respondents’ pride in the indigenous culinary tradition, were the main reason for their choice (54%). Examining the laws in the discussed area requires adoption of an interdisciplinary axiological perspective.

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