scholarly journals KEKUATAN AKTA NOTARIS DALAM MENJAMIN HAK KEPERDATAAN

2017 ◽  
Vol 3 (1) ◽  
pp. 85
Author(s):  
Rahmawati Boty
Keyword(s):  
Civil Rights ◽  
Legal Theory ◽  
Legal Subject ◽  
Legal Power ◽  
Legal Relationship ◽  
Or Practice ◽  
The Right ◽  
And Function ◽  
Legal Subjects ◽  
Role And Function

Notarial Deed is be able guarantee the civil rights of the legal subject, after authentic agreement and determination, so that there is no approval of the cancellation of the parties, the right of civilization of the legal subject can not be contested. The type of research conducted is a Normative Juridical legal research which is about what becomes the Strength of Notarial Deed in guaranted the Right of civilization. This research have The role and function of the Notary deed to the legal relationship between legal subjects is to formalizd the contents. The legal power of notarial deed if used as a means of verification in civil cases is as perfect or formal evidence. Losses in the responsibility of a notary when doing negligence to the client. Notary's role in making deed either in legal theory or practice is Notary also assigned to do registration and validated the letters / deeds made under the hand.

scholarly journals Civil Rights in Juvenile Courts

1969 ◽  
pp. 341
Author(s):  
Brian Kaliel
Keyword(s):  
United States ◽  
Civil Rights ◽  
General Pattern ◽  
The United States ◽  
Juvenile Courts ◽  
The Subject ◽  
The Law ◽  
And Function ◽  
Role And Function

Civil rights in juvenile courts is an area of the law that has attracted wide discussion and comment in the United States. Canada's laws, however, while following the same general pattern as those in the United States have not been the subject of close scrutiny. The purpose of the article is to scrutinize Canada's laws and place them in the context of modem views as the role and function of juvenile courts.

scholarly journals Influence of Subjective Civil Rights Protection on the Dynamics of Contractual Obligations

2019 ◽  
pp. 67-79
Author(s):  
Oleh OMELCHUK
Keyword(s):  
Civil Rights ◽  
Stages Of Change ◽  
Scientific Article ◽  
Legal Rules ◽  
Legal Relationship ◽  
Person Features ◽  
Contractual Obligations ◽  
The Moment ◽  
The Right ◽  
Self Protection

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.

scholarly journals Rekonstruksi Tematik atas Konsep Nabi dan Misi Kenabian dalam Alquran

MUTAWATIR ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 256-277
Author(s):  
Muh. Fathoni Hasyim
Keyword(s):  
Human Life ◽  
Popular Opinion ◽  
Single Person ◽  
To Come ◽  
Prophetic Mission ◽  
Logical Fallacies ◽  
The Right ◽  
And Function ◽  
To Receive ◽  
Role And Function

One of the very basic idea of the Qur’an is on the humanity of the prophet as like other creatures. Every single person has their own creative potency (in potentia) which, according to some philosophers, enables them to reach the degree of prophecy. This idea has then made a prophecy to come to a mundane term which has not to do with any sacred property. Prophets and prophecy are then not considered as an essential thing in human history. This notion has clearly put aside the role and function of prophet in human life. There is also popular opinion in the society that the prophet is considered as God’s chosen people to receive revelation, but, at some degree, they are conceived as having no responsibility to proselytize people under God’s revelation. This notion, beside to releases the prophet’s role from his social responsibility, contains some logical fallacies. If guiding people to the right path is being an individual’s responsibility of the follower of monotheist religion, how it is possible, then, to remove the responsibility of the prophets toward their society. Therefore, this study aims to revisiting the concept of prophecy, and analyzing the prophetic mission in terms of thematic interpretation

Temporal certainty of material civil legal relations. Some problematic issues

2021 ◽  
pp. 91-96
Author(s):  
P. Guyvan
Keyword(s):  
Civil Rights ◽  
New Right ◽  
Legal Relationship ◽  
Temporal Boundary ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Substantive Law ◽  
Real Essence ◽  
The Relationship

This article is devoted to the study of the scientific question of the temporal parameters of the certainty of the protection and legal relationship that arises in the case of violation of the subjective civil rights of the person. The author’s vision of the time of existence of the law is given, in this context the fundamental difference between the concepts of "duration of the legal relationship" and "time of exercise of subjective right" is substantiated. It is substantiated that the duration of the behavior of the contractors is not always equal to the duration of the legal relationship, because the moment of the relationship does not always coincide with the moment of its implementation. Along with the legal relationship arises not the behavior itself, but only the legal means of ensuring such behavior – a subjective right and legal obligation. So, on the other hand, the time for the exercise of a subjective right coincides with the period of its existence. Given that the temporal factors in the protection of law have a significant specificity of regulation, a fundamental separation of protective and regulatory material relations. The fact is that it is not always easy to establish a temporal boundary when an intact right passes to a disturbed state. This means that there are certain problems in accessing the appropriate protective tools. Examples of such substitution of concepts and criteria for their elimination are given. The paper also provides a scientific definition of the real essence of the protective relationship, which is that in the case of violation of subjective substantive law there is a different than before, the interaction, which is protective and legal in nature. It includes the material claim of the right holder to the infringer and the corresponding obligation of the latter. It is noted that the forms of implementation of the protection requirement of the holder of the new right may be different, each of them has its own time regulators. For example, a lawsuit is filed for a limited period of time – a statute of limitations, while for operational measures or other out–of–court claims there are special deadlines, or no time limit at all. Therefore, the need for a separate temporal mediation of each of these methods of protective response is emphasized.

On Interaction between Prosecutors and Specialists when Exercising Supervisory Powers outside the Criminal Law Sphere

2021 ◽  
Vol 16 (12) ◽  
pp. 212-220
Author(s):  
D. V. Kocheva,
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Legal Status ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Scientific Discussion ◽  
Legal Relationship ◽  
The Right ◽  
Material Form ◽  
Theoretical Developments

Prosecutors outside the criminal law sphere have the power to identify violations of the law, such as the right to demand that the heads and other officials “supervised” by the prosecutor’s office assign specialists to clarify the issues that have arisen. The conclusions of knowledgeable persons, clothed in material form, are in demand among law enforcement officers in various spheres of public life. At the same time, scientists and practicing lawyers have accumulated a number of issues concerning the legal status of a specialist in the Russian legislation, which also affect prosecutorial activities. In the paper, the author attempts to call interested researchers to a scientific discussion about the need for improvement of the legal regulation of the relevant legal relationship. Thus, the author outlines the results of the analysis of the legal regulation of the mechanism of cooperation between specialists and prosecutors in the course of the latter’s supervision over the implementation of laws, the observance of human and civil rights and freedoms, existing theoretical developments, personal experience of work in the prosecutor’s office.

scholarly journals Recognition of right as a way to protect liability rights

2019 ◽  
pp. 76-84
Author(s):  
A. S. Starovoytova
Keyword(s):  
Civil Rights ◽  
Subject Matter ◽  
Practical Application ◽  
Legal Relationship ◽  
The Subject ◽  
The Right

The article substantiates the conclusion that recognition of the right is a universal way of protection of civil rights. This method of protection can be applied to liability rights. The article reveals the practical application of recognition of right as a way of protecting liability rights. The author states that the requirement to recognize the contract as concluded is a claim to recognize the obligations legal relationship. The structures similar to the recognition of liability rights are analyzed and the conclusion that such requirements are not claims for recognition, but are claims for award is reasoned. Claims for recognition of obligations are recommended to be divided into positive and negative. Particular attention is given to the legal design of the claim on recognition of obligations rights. In particular, the issues of the subject of the claim, its subjects, the conditions of presentation and satisfaction of the claim were considered. The claim for recognition of the right of obligation in its subject matter should be qualified as a requirement for confirmation of legal relationship.

scholarly journals Karakteristik Penagihan Secara Bertanggung Jawab Yang Dilakukan Oleh Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi

2021 ◽  
Vol 4 (5) ◽  
pp. 1739
Author(s):  
Brahmantyo Aryo Suseno
Keyword(s):  
Information Technology ◽  
Legal Research ◽  
New Parties ◽  
Legal Subject ◽  
Future Developments ◽  
Legal Relationship ◽  
The Difference ◽  
Legal Subjects ◽  
Time Information ◽  
Research Type

AbstractOver time, information technology-based lending and borrowing services emerged. This technology-based money lending and borrowing service is not much different from banks, both of which provide money lending and borrowing services. The difference is the emergence of legal subjects and new legal relationships. To find out the legal subject and legal relations in information technology based lending and borrowing services, researchers conducted legal research with Normative research type. Namely by examining and analyzing applicable laws and regulations, explaining and predicting future developments. This research results in the finding that information technology based lending and borrowing services differ from banks due to new parties called Organizers. In addition, the precautionary principle applied to technology-based lending and borrowing services is not the same. This is because the structure of banks with lending and borrowing services based on information technology is not the same.Keywords: Information Technology-Based Lending and Borrowing Services; Billing; Legal Relationship, Principles in Billing.AbstrakSeiring dengan berjalannya waktu muncul layanan pinjam meminjam uang berbasis teknologi informasi. Layanan pinjam meminjam uang berbasis teknologi ini tidak jauh berbeda dengan bank, dimana keduanya menyediakan jasa pinjam meminjam uang. Hal yang menjadi pembeda ialah munculnya subjek hukum dan hubungan hukum baru. Untuk mengetahui subjek hukum dan hubungan hukum dalam layanan pinjam meminjam uang berbasis teknologi informasi, peneliti melakukan penelitian hukum dengan tipe penelitian Normatif. Yaitu dengan menelaah dan menganalisis peraturan perundang-undangan yang berlaku, menjelaskan dan memprediksi perkembangan yang akan datang. Penelitian ini menghasilkan penemuan bahwa layanan pinjam meminjam uang berbasis teknologi informasi berbeda dari bank dikarenakan adanya pihak baru yang disebut dengan Penyelenggara. Selain itu, prinsip kehati-hatian yang diterapkan pada layanan pinjam meminjam uang berbasis teknologi tidaklah sama. Hal ini dikarenakan struktur bank dangan layanan pinjam meminjam uang berbasis teknologi informasi tidaklah sama. Kata Kunci: Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi; Penagihan; Hubungan Hukum; Prinsip Dalam Penagihan.

scholarly journals Presumptions for Acquisition of Right to Build

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Muhamed Lišić
Keyword(s):  
Critical Review ◽  
Legal Theory ◽  
Social Needs ◽  
Theory And Practice ◽  
Inductive Method ◽  
Legal Relationship ◽  
Basic Hypothesis ◽  
The Right ◽  
Abstract Method

The right to build as a legal phenomenon from time to time leads to the need to analyze how existing solutions or solutions are subsequently imposed by special regulations on right to build. All of this stems from the premise that the right to build is a dynamic category that changes according to social needs in social and economic terms, which necessarily results in its legal adaptation. Such processes, through which the right of construction passes, undergoe the traces which have the need to be re-examined and analyzed as a phenomenon from the aspect of legal theory and practice. Therefore, the aim of this paper is to address the segment that essentially has the presumptions for the acquisition of right to build, which arise from the causal legal relationship underlying the right to build. Presumptions for the acquisition of right to build are determined for the basic hypothesis, which will be elaborated by analysis and critical review of individual cases, and an explanation of the legal phenomenon regarding the presumptions for the acquisition of right to build, using the theoretical-normative method or the deductive-inductive method with the aim of clarification of the problem of legal presumptions in the emergence of right to build. In addition, a comparative or abstract method was used in explaining the facts as the premise of the determination and nature of the presumptions for acquisition the right to build.

scholarly journals The Role and Function of Supervision from the Notary Supervisory Board in Dealing with Violations of Ethics and Notary Position in Mataram City

2019 ◽  
Vol 6 (3) ◽  
pp. 331
Author(s):  
Fahrul Rizki Hidayat ◽  
Lalu Sabardi ◽  
Kurniawan Kurniawan
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Preventive Measures ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The Right ◽  
And Function ◽  
The City ◽  
Role And Function

This study discusses the role and function of the Notary Supervisory Board against the notary who violates the code of ethics and notary position. It applies the empirical legal juridical research method that is carried out by examining the conditions in the field related to the implementation of supervision and guidance of notaries by the Supervisory Board in Mataram City. Based on Article 1 paragraph (6) Law on Notary Position, the Notary Supervisory Board is an institution that has the authority and obligation to carry out guidance and supervision of the notary. In carrying out supervision and guidance, the Minister forms a Supervisory Board consisting of 3 (three) levels which include the Regional Supervisory Board in the city/regency, the Provincial Supervisory Board in the province and the Central Supervisory Board in the capital. Each level consists of 9 (nine) different people; each of 3 (three) people came from government, notary, expert/academic elements. The Supervisory Board has very important roles and functions in law enforcement against notaries in their territories in holding hearings to check for suspected violations of the code of ethics and notary position. Law enforcement can be in the form of preventive measures (supervision) and curative steps (implementation of sanctions). Thus, if the notary commits a violation, the Supervisory Board has the right to examine and sanction him/her. Sanctions can be in the form of written warning, temporary dismissal, respectful dismissal and/or disrespectful dismissal.

THE ADMISSIBILITY CRITERION UNDER ARTICLE 35(3)(b) ECHR: A ‘SIGNIFICANT DISADVANTAGE’ TO HUMAN RIGHTS PROTECTION?

2016 ◽  
Vol 65 (1) ◽  
pp. 185-211 ◽  
Author(s):  
Nikos Vogiatzis
Keyword(s):  
Human Rights ◽  
Direct Access ◽  
Access To Justice ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Subsidiarity Principle ◽  
The Right ◽  
And Function ◽  
Role And Function

AbstractThe purpose of this contribution is to provide a critical overview of issues of principle related to the ‘significant disadvantage’ admissibility criterion under 35(3)(b) ECHR, in light of the ongoing debate on the Court's reform. It argues that the admissibility criterion: undermines direct access to justice at the international level; affects the right of individual petition to the Strasbourg Court; constitutes a misunderstanding of the subsidiarity principle within the Convention machinery; urges the Court to consider the merits during the admissibility stage in a sensitive area of adjudication such as human rights; and entails the risk of an indirect classification of rights on the basis of the financial damage suffered by the applicant. The article links these points with the discussion on the Court's reform and considers alternative proposals to reduce its workload. It concludes by underlining that the ‘significant disadvantage’ criterion could be a suitable opportunity to address questions related to the Court's legitimacy, including the ECtHR's precise role and function within the Convention.

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