scholarly journals Tindak Pidana Pencurian yang dilakukan Anak Usia 14 Tahun dalam Konteks Islam Menghapuskan Tindak Pidana Berdasarkan Pasal 69 Ayat 2 Undang-undang Nomor 11 Tahun 2012 Perihal Sistem Peradilan Pidana Anak (SPPA)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 644
Author(s):  
Citra Ayu Ramadhanti ◽  
Uu Idjuddin Solihin
Keyword(s):  
Natural Conditions ◽  
The Public ◽  
The Family ◽  
Family Connections ◽  
The Law

Kids who carry out criminal demonstrations should be dealt with altruistically, went with, gave uncommon offices and foundation, sanctions given to kids as per the guideline of the wellbeing of the kid, family connections are kept up with implying that youngsters who face the law in the event that they can not be confined or detained whenever detained or confined, should be remembered for an extraordinary kid confinement room and not with grown-ups. To guarantee the assurance of youngsters who are confronted with the law is assigned collectively of kids who need unique security. In the preliminary of the adjudicator, the public examiner, specialist or other official doesn't wear robe or administration garments, shut hearings, and with a solitary judge.The creator utilizes regularizing juridical exploration strategies, specifically: a methodology that depends on the arrangements of the laws and guidelines, with the information assortment procedures in this review is to utilize the investigation of reports and every one of the information got, can be broke down efficiently to additionally dissect deliberately portraying the job of judges as far as looking at and choosing youngsters' cases with reasonable decisions, by focusing and considering the condition of the family of his folks and the natural conditions of the kid worried about the point that the kid can meet his future as well as could be expected.

THE PROBLEM OF DOMESTIC VIOLENCE IN THE CONTEXT OF ARTICLES 116 AND 116.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 36-41
Author(s):  
K. K. Novikova ◽  
◽  
D. D. Khmelnitskaya ◽  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Public ◽  
The World Bank ◽  
The Family ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, the problem of domestic violence is quite urgent due to the annually increasing number of victims. Besides the increased attention from the legislation to this issue, the public itself is anxious about the existing situation: victims of domestic violence are treated disrespectfully as they either excessively draw attention to the situation that has arisen, or they are blamed for a late appeal to the law enforcement authorities. The paper defines the concept of domestic violence, specifies character traits of a person committing domestic violence as well as of a potential victim. Based on the analysis of litigation practice, the authors conclude on the absence of a unified approach to the definition of crime and the existence of gaps when punishing the third episode of a committed socially dangerous act. The analysis of data of the World Bank annual research “Women, Business and the Law” and the RF Ministry of Internal Affairs on domestic violence in the Russian Federation confirmed the existence of an acute problem, which remains unsolved on the legislative level for the rather long period. Within the current research, the authors propose introducing a new domestic violence body of evidence to the RF Criminal Code, whereby domestic violence should be considered willful damage for the life and health of a person being in the family, personal, or household relations. Specified innovations will allow significantly facilitating the work of law enforcement authorities and courts when classifying the acts and imposing a just punishment through the introduction of classified types of domestic violence when implementing the protection of rights of victims.

Buried Narratives: Exhuming the Mother's Story in Oliver Twist

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson
Keyword(s):  
Social Change ◽  
Maternal Inheritance ◽  
The Novel ◽  
Poor Law ◽  
The Family ◽  
The Law ◽  
First Time ◽  
Critical Consideration

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.

Female Professionals and (Neo-)Victorianism: The Case ofThe Good Wife

2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila
Keyword(s):  
Television Series ◽  
The Public ◽  
Bleak House ◽  
Professional Success ◽  
The Law ◽  
Good Wife ◽  
Woman In White ◽  
The Public Sphere ◽  
Female Professionals ◽  
Nineteenth Century Novels

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.

First records of bats (Mammalia: Chiroptera) from Muong Phang cultural and historical site, Dien Bien province, Northwestern Vietnam

2017 ◽  
Vol 39 (3) ◽  
pp. 296-302
Author(s):  
Dao Nhan Loi ◽  
Vu Dinh Thong
Keyword(s):  
Conservation Status ◽  
Forest Area ◽  
Sound Recordings ◽  
The Public ◽  
The Family ◽  
Biological Taxa

The internationally renowned Muong Phang Cultural and Historical Site is located in the Dien Bien Phu region, northwestern Vietnam, and has received special attention from the public because of its great biodiversity. This site has a large forest area and other habitats including lakes, streams, rivers and paddyfield. These habitats would be ideal homes for bats and other biological taxa. However, in general, the wildlife of the Muong Phang Cultural and Historical Site receives little attention from scientists and authorities. Between 2014 and 2016, we conducted  series of surveys for bats in Muong Phang. Bat capture and sound recordings were the main procedure to obtain materials and data necessary for the assessment of diversity and conservation status. The results of the surveys this time revealed that there are 19 species of bats belonging to 7 genera, 5 families in the study area. Of these, a Myotis sp. is different from all the previously recorded Myotis bats from Vietnam, and, a Rhinolophus sp. is different from every described species of the family Rhinolophidae. This paper provides the first records of bats from Muong Phang with remarks on their taxonomy and conservation status.   Citation: Dao Nhan Loi, Vu Dinh Thong, 2017. First records of bats (Mammalia: Chiroptera) from Muong Phang cultural and historical site, Dien Bien province, Northwestern Vietnam. Tap chi Sinh hoc, 39(3): 296-302. DOI: 10.15625/0866-7160/v39n3.10641. *Corresponding author: [email protected]. Received 29 August 2017, accepted 10 September 2017 

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

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.

FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

2018 ◽  
Vol 1 (12) ◽  
pp. 179-190
Author(s):  
Mariya Zinovievivna Masik
Keyword(s):  
Risk Management ◽  
The State ◽  
Financial Risks ◽  
Contract Negotiations ◽  
The Public ◽  
Political Risks ◽  
Force Majeure ◽  
Investment Agreement ◽  
The Law ◽  
Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

Causes, Scope and Features of Disputes in Budgetary Sphere

2020 ◽  
Vol 2 ◽  
pp. 80-89
Author(s):  
A. D. Selyukov ◽  
Keyword(s):  
Public Sector ◽  
Goal Setting ◽  
Management Decision ◽  
Public Interests ◽  
The Public ◽  
Legal Relationship ◽  
Setting Mechanism ◽  
The Law ◽  
Judicial Protection ◽  
Ruling Party

The article is devoted to identifying the features of conflicts in the public sector as a basis for disputes, including with the participation of courts. The concept of «public interests» is introduced, on the basis of which the characteristic of disputes in the budgetary sphere is given as a dispute between the parties, relations between which are based on the method of legal inequality. It is concluded that by virtue of the law, the ruling party gives instructions to the subordinate party to do something in relation to the budget, but not always the public interests of the parties to the legal relationship are equally protected by law, which is not sufficiently manifested in the practice of legal support of budgetary activities. Since the efforts of the legislator to regulate budgetary relations are mainly aimed at ensuring procedural activities, they almost do not affect the goal-setting mechanism, so the subordinate party has no opportunity to challenge the management decision that infringes the implementation of the public interests of the subordinate party. By virtue of the above, the courts do not participate in the consideration of issues that go beyond the procedure for spending budget funds and the application of appropriate sanctions. Therefore, frequent cases of arbitrariness of the powerful party in budgetary legal relations remain without proper judicial protection. To solve the problem, it is required to introduce the institution of goal-setting in the budget legislation, so that it will be possible to talk about the proper provision of public interests in the budget sphere.

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