scholarly journals THE SALARY OF PUBLIC SERVANTS IN MACEDONIA (DE LEGE AND DE FACTO)

2019 ◽  
Vol 31 (1) ◽  
pp. 351-354
Author(s):  
Florina Bakievska ◽  
Mimoza Bakievska
Keyword(s):  
General Assumption ◽  
Civil Servants ◽  
Public Official ◽  
Public Servants ◽  
Professional Literature ◽  
Legal Norms ◽  
Legal Provisions ◽  
Selective Approach ◽  
The Status ◽  
The Right

The subject of this paper is the salary of public servants as an institut of economic and legal nature, the manner of its establishment, the basis, as well as the legal criteria on which the calculation is based. The general assumption is that administrative officials in our country are divided into two large groups depending on whether they are employed in state bodies and local government bodies (civil servants) or in a public sector institution that performs public service (public servants). Considering the fact that it is the same type of employees who perform public interest matters, the assumption is the existence of de lege equal salary for an equal qualification level and title. The legal treatment of this institute refers to the conclusion that there is no imbalance in the result of all the determined parameters and criteria. But the direct application of the same provisions of the same law shows the presence of practical inconsistencies and different results for the same phenomenon, ie, an unequal salary for the same group of administrative officials. The idea is to perceive the selective approach in the application of such legal provisions and the consequences of such discriminatory potency. This means that there are situations where there is no equitable salary. The occurrence is more frequent when the administrative public official requests de facto application of the legal norms regarding the establishment of his salary according to the status of an official, thus starting the period of application of the right to equal access in determining the amount of salary of the administrative officials in accordance with the law. This research implements the method of analysis of the content of laws and other professional literature, as well as the still small number of filed and completed court cases in labor disputes. The results point to the conclusion that there is an equal legal basis but an unequal approach in calculating the salary of public and civil servants.

scholarly journals PEMBERIAN HAK MILIK SATUAN RUMAH SUSUN DIATAS BEBERAPA HAK GUNA BANGUNAN PERORANGAN

2016 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Masrofah Masrofah
Keyword(s):  
Land Rights ◽  
Housing Project ◽  
Legal Norms ◽  
Ecological Requirements ◽  
Technical Requirements ◽  
The Status ◽  
Implementation Guidelines ◽  
The Right ◽  
Administrative Sanctions ◽  
Ownership Rights

The objectives of this research are: (1) to study and analyze the status of ownership of a modern shopping center or mall upon some tenure individual rights. (2) to study and analyze the process of grantingownership rights for apartment unit.The method used in this research was normative, that is, a legal research which was based on legal materials obtained from literature that examined legal norms related to the issue of providing ownership rights for apartment units upon some building rights.Based on the results of research and discussion, it can be concluded as follows: (1) PT. G.U. that wanted to have its apartment units certified for ownership had constraints by the absence of  implementation guidelines of Law No. 16 of 1985 (now Act No. 20 of 2011). (2) The principle of horizontal separation is the opposite of attachment principle which states that buildings and plants are integrated to land. (3) In planning the development of apartment, developers of the construction should first pay attention to the layout of the area of city/ county. (4) The construction of a housing project must meet some requirements, they are: administrative requirements, technical requirements and ecological requirements. (5) Prior to certificate of ownership registration upon an apartment unit, certificate of land rights either in the form of property rights, the right to use the land for building and the right to use and manage the land. (6) In the Act of Apartment, if it does not meet the provisions of these rules, there are some sanctions to be given. These may be in the form of administrative sanctions or criminal verdicts such as fines and imprisonment.Keywords: Granting Rights, Certificate of Ownership Rights Unit of the Flats, Broking,Transitional sale, Land Consolidation. 

scholarly journals HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM

2017 ◽  
Vol 2 (1) ◽  
pp. 63
Author(s):  
Wiwit Widya Wirawati ◽  
Abdullah Kelib
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Research Result ◽  
Secondary Data ◽  
Legal Norms ◽  
Descriptive Research ◽  
The Status ◽  
Approach Method ◽  
The Right ◽  
Double Sex

<p>ABSTRACT<br />Allah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who perform<br />double genital adjustment surgery (khuntsa) in accordance with Islamic Law. <br />This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. <br />Based on the research result, khuntsa inheritance right is not regulated in KHI.<br />Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.<br />Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.</p><p> </p>

scholarly journals Kepastian Hukum Kedudukan Camat sebagai PPAT Sementara (Legal Certainty of The Position Sub-district Head as Temporaly Land Deed Officer)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Irfan Iryadi
Keyword(s):  
Government Regulation ◽  
Civil Servants ◽  
Legal Issue ◽  
Ideal Solution ◽  
Legal Certainty ◽  
Legal Norms ◽  
State Administration ◽  
The Status

After the enactment of Government Regulation Number 24 of 2016, the provisions regarding dual positions as civil servants become one of the substances regulated by this Government Regulation. The existence of these provisions has led to the blurring of norms over the head of sub-district’s position as temporary land deed officers in creating an authentic deed in the land sector. Based on this legal issue, this article was written with the aim of finding out the status of the head of sub-district’s position as temporary land deed officer and offering a concept that should be implemented when temporary land deed officer’s position is needed. The results showed that in Government Regulation Number 24 of 2016, there was no legal certainty in the formulation of the article as a result of the blurring of legal norms over officer assigned to the temporary land deed position. This obscurity can be seen from designation of the temporary land deed officer to the head of sub-district, where the head of sub-district is a State Administration Officer that is contrary to the land deed officer’s rules that prohibit land deed officer from being held by Civil Servants. The task of temporary land deed officer should be transferred to the head of village, since the head of village’s position has already been acknowledged and accommodated in the land deed officer’s rules as temporary land deed officer. This alternative is considered to provide more legal certainty and an ideal solution to the status of temporary land deed officer. Therefore, it is recommended to stakeholders in the land sector, on matters regarding the land deed officer, to conduct further assessment on this idea in order to be implemented in the assignment of temporary land deed officer in Indonesia. AbstrakPasca berlakunya Peraturan Pemerintah Nomor 24 Tahun 2016, aturan mengenai rangkap jabatan sebagai pegawai negeri menjadi salah satu substansi yang diatur Peraturan Pemerintah itu. Adanya ketentuan itu telah menimbulkan kekaburan norma atas kedudukan Camat sebagai PPAT Sementara dalam membuat akta otentik dibidang pertanahan. Bertolak dari isu hukum itu, artikel ini ditulis dengan tujuan untuk mengetahui status kekuatan kepastian hukum Camat sebagai PPAT Sementara dan menawarkan konsep yang seharusnya dilaksanakan dalam pemangkuan jabatan PPAT Sementara. Hasil penelitian menunjukkan bahwa dalam Peraturan Pemerintah Nomor 24 Tahun 2016 terdapat ketidakpastian hukum dalam rumusan pasalnya sebagai akibat adanya kekaburan norma hukum atas penyelenggaraan jabatan PPAT Sementara. Kekaburan itu terlihat dari penunjukan PPAT Sementara kepada Camat, dimana Camat merupakan Pejabat Tata Usaha Negara yang bertentangan dengan aturan Jabatan PPAT yang melarang PPAT diselenggarakan oleh Pegawai Negeri Sipil. Seharusnya pengembanan PPAT Sementara itu dialihkan kepada kepala desa, dimana keberadaan kepala desa itu juga diakomodasi dalam ketentuan jabatan PPAT sebagai PPAT Sementara. Hal itu dianggap lebih memberikan kepastian hukum dan merupakan solusi ideal dalam pemangkuan PPAT Sementara. Oleh sebab itu, disarankan kepada pemangku kepentingan dibidang pertanahan, khususnya di bidang PPAT agar dapat melakukan pengkajian atas gagasan ini untuk diimplementasikan terhadap pemangkuan jabatan PPAT Sementara di Indonesia.

scholarly journals Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 142-147
Author(s):  
Ni Komang Tri Intan Suaristiwayani ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Indigenous People ◽  
Research Method ◽  
Legal Research ◽  
Sociological Approach ◽  
Legal Provisions ◽  
The Status ◽  
The Right ◽  
The Village

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals Direito à informação governamental: questões acerca da positividade e legitimação de um direito fundamental │ The right to governmental information: on the enforcement and legitimation of a fundamental right

2013 ◽  
Vol 9 (2) ◽  
Author(s):  
Emília Barroso Cruz
Keyword(s):  
Public Administration ◽  
Information Access ◽  
Public Debate ◽  
Government Information ◽  
Public Servants ◽  
Legal Norms ◽  
Federal Constitution ◽  
The Right

Resumo Neste artigo discutimos o direito à informação governamental como um direito fundamental, e seu processo de positivação no Brasil. O exercício do direito não está ligado apenas à promulgação de normas jurídicas, mas também ao reconhecimento ético do seu valor, por meio do debate público. No Brasil, onde este direito está positivado pela Constituição Federal desde 1988, não há indícios de percepção de legitimidade e validade dessas normas jurídicas pelos servidores Federais, de acordo com pesquisa realizada pela CGU/UNESCO[1].Concluímos que as discussões sobre a implementação da Lei de Acesso à Informação podem possibilitar o debate e validação ética faltantes.Palavras-chave Lei de Acesso à Informação; Direito à informação; Informação governamental; Legitimidade e validade do direito; Administração pública.Abstract This article discusses the right to government information as a fundamental right, and its enforcement by Brazilian law. This right is not just linked to the enactment of legal norms, but also to the ethical recognition of its value, through public debate. In Brazil, where this right is enforced by the Federal Constitution since 1988, there is no evidence of perceived legitimacy and validity of these legal norms by Federal public servants, according to research conducted by CGU/ UNESCO. We conclude that the discussions about the implementation of the Information Access Act will enable the missed debate and ensuing validation.Keywords Information Access Act, Information Right, Government Information, Legitimacy and validity of law; Public administration. 

scholarly journals Laws on multi-lingual public inscriptions in the Republic of Serbia and their implementation in practice in the Vojvodina province

1997 ◽  
Vol 69 (3) ◽  
pp. 439-447
Author(s):  
Tamaš Korhec
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Minority Languages ◽  
Legal Norms ◽  
National Minorities ◽  
Legal Provisions ◽  
The Republic ◽  
The Right ◽  
Vojvodina Province

Many international documents for the protection of national minorities guarantee the right - in areas populated by national minorities - for the use of minority languages on public inscriptions (geographic names, street names etc.). Previous Vojvodina Laws, as well as the actual Serbian Law (Law on official use of language and script from 1991) prescribe that ..public inscriptions shall be in minority languages as well, in areas populated with minorities". Furthermore Serbian Law provides heavy fines for violators (from 400 dem-24000 dem in Dinars). In spite of clear legal norms and sanctions, these pro-minority provisions are very often violated in practice. Whatsmore, according to the recent study of one Human Rights NGO from Subotica ..Equality" Republican state organs often prevail in violation, of course allways for the loss of minority languages. According to this study procedures were never initiated, or nobody was ever fined for these violations. It is characteristic that, as in other areas the pretty correct legal provisions are not implemented if the regime have no interest - as in case of minority rights.

scholarly journals Formulation of Legal Provisions Concerning Gender Change

2021 ◽  
Vol 8 (7) ◽  
pp. 738
Author(s):  
Mochamad Ade Syukur Nur Alam ◽  
Abdul Rachmad Budiono ◽  
Abdul Madjid ◽  
Istislam Istislam
Keyword(s):  
Sex Change ◽  
Ambiguous Genitalia ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Provisions ◽  
Analysis Technique ◽  
Pros And Cons ◽  
The Right ◽  
Gender Change ◽  
Medical Process

Sex change that is carried out through a medical process or commonly called sex change surgery, invites pros and cons in the community. The purpose of this study is to formulate regulations regarding the formulation of legal provisions regarding sex change that can reflect justice, benefit, and legal certainty as well as support the welfare of Transgender and Ambiguous Genitalia sufferers. This research is a normative legal research with philosophical, legislative, conceptual,case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the formulation of legal provisions regarding gender change is the use of the phrase the right to live in physical and spiritual prosperity in the formulation of legal norms as a large group that can reach various things, and the prohibition against plastic surgery to change identity, except for patients who have received court decision.

PROBLEMS OF DISCIPLINARY LIABILITY OF PUBLIC OFFICERS

2019 ◽  
pp. 135-141
Author(s):  
Tetiana Humeniuk
Keyword(s):  
Practical Importance ◽  
Functional Results ◽  
Legal Regulation ◽  
Civil Servants ◽  
Disciplinary Action ◽  
Labour Law ◽  
Public Servants ◽  
Special Character ◽  
The Status ◽  
The Subject

Purpose. The purpose of the article is to address the problems of the legal consolidation and the application of disciplinary liability against public servants. Methods. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as the formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: dialectical, terminological, formal-logical, system-functional. Results. In the course of the research it was established that disciplinary responsibility had the following features: 1) disciplinary responsibility of civil servants is a special disciplinary responsibility. Its special character is due, firstly, to a special category of employees - the status of a civil servant, secondly - to the specifics of disciplinary penalties, and thirdly - to a special order of their application; 2) at this stage of legal regulation, one of the following types of disciplinary action is applied to civil servants: a remark; reprimand; warning of incomplete official compliance; dismissal from civil service Scientific novelty. According to the results of the study, it is established that the disciplinary responsibility of civil servants at the present stage requires changes in terms of consolidation of disciplinary penalties of property character. Practical importance. The results of the study can be used to improve the labour law of Ukraine in terms of disciplinary responsibility of civil servants.

scholarly journals SHORT CONSIDERATIONS REGARDING THE MAGISTRATES’LIABILITY IN THE CONTEXT OF THE NEW LEGAL PROVISIONS ON THE REFORM IN JUSTICE

2018 ◽  
Vol 12 (2) ◽  
pp. 40-48
Author(s):  
Constantin MANOLIU
Keyword(s):  
Civil Liability ◽  
The State ◽  
Legal Regulations ◽  
Legal Provisions ◽  
The Status ◽  
The Law ◽  
Judicial Errors ◽  
The Right

The present study analyzes the magistrates' responsibility, in the light of the old and the new legal regulations, the exercise of the right to recourse action of the state against magistrates in case of judicial errors, and the conditions that must be be met in order to promote this action.The author identifies possible vulnerabilities of the new regulations on the magistrates’ civil liability, vulnerabilities that may affect the magistrates’independence in the exercise of their job duties.The study is focused on the new amendments of the Law no. 303/2004 on the status of magistrates, brought by Law no. 242/2018, as regards the civil liability of magistrates, includes issues related to the guarantees regarding the enforcement of the principles of independence and impartiality of magistrates, guarantees aimed at maintaining a balance between the magistrates' responsibility and their independence.

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