scholarly journals PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS

Ijlil ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 216-235
Author(s):  
Supianto Supianto ◽  
Nanang Tri Budiman
Keyword(s):  
Legal Norm ◽  
Legal Certainty ◽  
Legal Principle

Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.

scholarly journals Do The Foreign Workers Need To Speak Indonesian?

2019 ◽  
Vol 8 (2) ◽  
pp. 167
Author(s):  
I Made Udiana ◽  
I Made Sarjana
Keyword(s):  
Foreign Worker ◽  
Legal Norm ◽  
Comparative Approach ◽  
Foreign Workers ◽  
Legal Certainty ◽  
Language Requirement ◽  
The Impact

The foreign workers are one of the important asset supporting business activities in the globalization era. However, an easy requirement for a foreign worker who works in Indonesia such as dropping language requirement tends to decrease local worker opportunity. The aim of this study to elaborate on the impact of cutting language requirement for foreign workers in new Indonesian regulation. This study uses a comparative approach. The study indicates that Article 36 of the Minister of Manpower Regulation Number 16 of 2015 is contrary to the higher legal norm, namely Article 33 of Law Number 24 of 2009. Based on Stufenbau Theory concerning the Act No. 12 of 2011 concerning the Establishment of Law and Regulation, the lower level will be not applicable. Therefore, revision for the Decree of Manpower Regulation is needed to legal certainty and fairly opportunity for local workers.

Zirkumzision

2021 ◽  
Author(s):  
Franziska Wagener
Keyword(s):  
Public Debate ◽  
Legal Norm ◽  
Religious Communities ◽  
Legal Certainty ◽  
Male And Female ◽  
The Public ◽  
Legal Assessment ◽  
Female Genital ◽  
Material Requirements

The public debate about the legal assessment of circumcision of male infants that was created by a penal decision by the Landgericht Köln culminated in December 2012 in the newly introduced legal norm § 1631d BGB. In addition to the examination of formal and material requirements, the different legal classification of the intervention on the male and female genital is being scrutinized. Particular attention is also paid to the special facts of the second paragraph of the norm, which deviate from the doctor's caveat in favor of religious communities. The legal certainty for all affected that was desired with the creation of the norm should in principle have been achieved. Individual aspects nevertheless prove to be problematic.

scholarly journals THE QUEST FOR DYNAMISM IN CONTEMPORARY LAW: MULTIPLE DIMENSIONS OF LEGAL CERTAINTY

2018 ◽  
Vol 4 (5-6) ◽  
pp. 265-283
Author(s):  
Alexandre Sales Cabral Arlota
Keyword(s):  
Legal Systems ◽  
Legal Certainty ◽  
Legal Principles ◽  
Normative Power ◽  
Academic Paper ◽  
Proper Method ◽  
Multiple Dimensions ◽  
Legal Principle

The legal principles’ evolution towards a post-positivist conception has led to the acknowledgement of their normative power. Although such movement has made legal systems better suited in reaching decisions adapted to contemporary societies, it has casted uncertainty upon allowing the vague use of abstract expressions, which the concrete meaning is difficult to understand. In this sense, it is necessary that the possible meanings of each legal principle be narrowed down and that a proper method be coined for weighting legal principles that eventually collide. The scope of this academic paper is to address legal certainty in its multiple dimensions, in the attempt to unveil its essential meanings.

scholarly journals Clarity and legibility of legal norms as an element of legal certainty

2020 ◽  
Vol 11 (11) ◽  
pp. 185-189
Author(s):  
Ogneviuk G. Z.
Keyword(s):  
Legal Regulation ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Form ◽  
Legal Norms ◽  
The People ◽  
Protection Of Human Rights ◽  
The Law ◽  
External Form ◽  
Discretionary Powers

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability.

scholarly journals Clarity and legibility of legal norms as an element of legal certainty

2021 ◽  
pp. 210-215
Author(s):  
G. Z. Ogneviuk
Keyword(s):  
Legal Regulation ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Form ◽  
Legal Norms ◽  
The People ◽  
Protection Of Human Rights ◽  
The Law ◽  
External Form ◽  
Discretionary Powers

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability

scholarly journals Development of the food act of the Slovak Republic from 1995 to 2021

10.5219/1689 ◽  
2021 ◽  
Vol 15 ◽  
pp. 982-994
Author(s):  
Katarína Ševcová ◽  
Peter Zajác ◽  
Jozef Čapla ◽  
Jozef Čurlej
Keyword(s):  
Slovak Republic ◽  
Environmental Law ◽  
Rapid Development ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Norm ◽  
European Law ◽  
Legal Certainty ◽  
The Stability ◽  
Interesting Development

Legislation in food is quite fragmented, it includes several regulations, amendments due to the rapid development both in the studied area and the influence of European law. It is a legal branch of a relatively hybrid nature. It contains agricultural legislation that intersects with environmental law. It also affects administrative, financial, and criminal law as a branch of public law. Nor can commercial and civil law as the basis of private law be circumvented here. The legal norm has undergone a relatively interesting development, which is characterized by several amendments. During the more than 25 years of validity of this legal norm, a total of more than twenty amendments. This certainly does not contribute to the stability of the legislation, the legal certainty of the entities concerned, or its clarity and system. The article provides an overview of the development of the legal regulation of the Food Act in Slovakia from 1995 to 2021.

scholarly journals Law Protection on Wife Whose The Claims Fall Due To Husband Refuse His Recompensation On Implementing Of Divorce Pledge

2020 ◽  
Vol 2 (4) ◽  
pp. 543
Author(s):  
Farhan Munirus Su'aidi ◽  
Abdullah Arief Cholil
Keyword(s):  
Low Cost ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Res Judicata ◽  
Legal Principle ◽  
Legal Consequences

Decision granting a divorce pledge would fall if the husband was reluctant oath within six (6) months from the date of the hearing determination pledge. The fall verdict carries legal consequences fall anyway recompensation lawsuit filed by the wife. This study aimed to analyze the norms of protection of women and seek forms of law protection that can be given by the Court on the lawsuit wife his recompensation fall due reluctant husband dropped the divorce pledge.This type of research is normative by using the approach of law (statute approach) and conceptual (conceptual approach), using primary legal materials in the form of norms related to the protection of women and secondary legal materials such as the results of previous studies as well as data obtained through interviews is analyzed with the theory of protection and legal certainty as well as apply the legal principle Similia Similibus and Res Judicata Pro Veritate Habeturand the principle is simple, fast and low cost in the hope of giving recommendations that can be implemented to address the issues of law covered in the study.The results showed no norms whose provide law protection to wives whose husbands due to the fall lawsuit his recompensation pledge reluctantly dropped the divorce. The court can give law protection in the form of provision of facilities in the areas of administration and law of procedure for the wife who would resubmit its case in accordance with the legal principle is simple, fast and low cost.Keywords: Law Protection; Wife; Recompensation Lawsuit, Fall; Divorce Pledge.

scholarly journals Pengaturan Kewenangan Notaris Melakukan Pengesahan Fotokopi Surat dengan Aslinya

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 535
Author(s):  
I Dewa Gede Ngurah Anandika Atmaja
Keyword(s):  
Journal Writing ◽  
Scientific Journal ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Norms ◽  
Original Letter ◽  
Legal Science ◽  
The Future

Article 15 paragraph (2) letter d UUJN-P concerning the authority of Notaries to approve the suitability of a photocopy with the original letter there is an obscurity of legal norms which gives rise to multiple interpretations in terms of validating the suitability of photocopies made by a Notary in accordance with the original letter which does not provide clarity of understanding of how the Notary to do matching and any letter that can be validated by a Notary. The writing of this journal aims to develop Notary Legal Science that examines the authority of the Notary to validate the suitability of the photocopy with the original letter. The study of scientific journal writing uses a type of normative research that departs from the obscurity of legal norms Article 15 paragraph (2) letter d UUNJ-P regarding the authority of a Notary to authorize the compatibility of a photocopy with the original letter. The results of this journal research is legal certainty Article 15 paragraph (2) letter d UUJN-P related to the authority of the Notary in validating the suitability of the photocopy with the original letter there is still a vague legal norm that does not provide clarity of understanding of how the Notary does the matching and what letter matching validation can be done. The authority of the Notary in ensuring the correctness of the suitability of the photocopy with the original letter whether or not having the authority in the study of the author is a Notary having the authority stipulated in the provisions of Article 15 paragraph (2) letter d UUJN-P but in this case it needs to be corrected in the future considering UUJN-P is not provide legal certainty to the extent of the authority of the Notary in validating the suitability of the photocopy with the original letter. Berdasarkan Pasal 15 ayat (2) huruf d Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Atas Undang Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris mengenai kewenangan Notaris melakukan pengesahan kesesuaian fotokopi dengan surat aslinya terdapat kekaburan norma hukum yang menimbulkan multitafsir dalam hal pengesahan kecocokan fotokopi yang dilakukan oleh Notaris sesuai dengan surat aslinya yang tidak memberikan kejelasan pemahaman tentang bagaimana cara Notaris untuk melakukan pencocokan fotokopi dengan surat asli dan apa saja yang dapat dilakukan oleh Notaris untuk mengetahui keaslian fotocopi dokumen yang diberikan penghadap dalam melaksanakan pengesahan pencocokan sesuai dengan aslinya.Tujuan penulisan jurnal ini guna mengembangkan Ilmu Hukum Kenotariatan yang mengkaji tugas Notaris melakukan pengesahan kecocokan fotokopi dengan surat aslinya. Penelitian penulisan jurnal ilmiah ini menggunakan metode penelitian  normatif yang berawal dari adanya kekaburan norma hukum Pasal 15 ayat (2) huruf d UUNJ-P mengenai kewenangan Notaris untuk melakukan pengesahan kecocokan fotokopi dengan surat aslinya. Hasil penelitian jurnal ini adalah kepastian hukum Pasal 15 ayat (2) huruf d UUJN-P terkait kewenangan Notaris dalam mengesahkan kesesuaian fotokopi dengan surat aslinya masih terdapat kekaburan norma hukum. Kekaburan tersebut tidak memberikan kejelasan pemahaman tentang bagaimana cara Notaris dapat mengetahui pencocokan fotocopy surat yang akan dicocokan dapat dikatakan asli. Kewenangan Notaris dalam memastikan kebenaran kesesuaian fotokopi surat dengan surat aslinya tertdapat dalam ketentuan Pasal 15 ayat (2) huruf d UUJN-P akan tetapi hal ini kedepannya perlu dilakukan pembenahan mengingat dalam pasal tersebut tidak memberikan kepastian hukum sejauh mana kewenangan Notaris dapat melakukan pengesahkan persesuaian fotokopi dengan surat aslinya.

scholarly journals Entimemas e inferência de princípios jurídicos

2019 ◽  
Vol 3 (2) ◽  
pp. 123-156
Author(s):  
Juliano Souza de Albuquerque Maranhão ◽  
Jorge Alberto A. de Araújo
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Norm ◽  
Presumption Of Innocence ◽  
Judicial Decision ◽  
Legal Principles ◽  
Judicial Decisions ◽  
Legal Principle

RESUMO:O artigo propõe um modelo de inferência de princípios jurídicos a partir de normas jurídicas, por meio da reconstrução de entimemas presentes em decisões judiciais. A ideia básica é que o principio inferido é a premissa normativa faltante de um entimema empregado em decisão judicial que aplica determinada norma. A decisão seria, assim, uma forma de endosso autoritativo do conteúdo do princípio. O modelo é aplicado sobre a inferência do princípio de presunção de inocência na decisão do Supremo Tribunal Federal acerca da possibilidade de execução de sentença penal condenatória antes de seu trânsito em julgado.  O artigo discute implicações desse modelo de inferência para o debate entre positivismo e anti-positivismo.  ABSTRACT:The paper proposes a model to infer legal principles from norms, consisting in the reconstruction of enthymemes in judicial decisions. The basic idea is that the inferred principle is the missing normative premise of an enthymeme employed by a judicial decision, which applies the legal norm at stake. The decision would then be a form of endorsement of the content of the legal principle. The model is illustrated by the inference of the content of the principle of presumption of innocence in the Brazilian Supreme Court Decision on the possibility of execution of a criminal sentence before its final revision by the superior courts. The paper discusses the implications of the model within the positivism/antipositivism debate.

scholarly journals TARIK ULUR KOMPETENSI ABSOLUT LEMBAGA ARBITRASE (Kajian Terhadap Prinsip Niet van Openbaar Orde dan Pacta Sunt Servanda Dalam Klausul Arbitrase)

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Ayu Atika Dewi
Keyword(s):  
Legal System ◽  
Dispute Settlement ◽  
Legal Norm ◽  
Duality Principle ◽  
Legal Certainty ◽  
Arbitration Clause ◽  
The Absolute

Arbitration is an institution of dispute settlement based on arbitration agreements. An arbitration agreement may be an arbitration clause incorporated by a standing agreement or an arbitral agreement independent of its principal agreement. Based on the arbitration agreement, there are two principles named Niet van Openbaar Order and Pacta Sunt Servanda. Based on the principle of the arbitration clause of the Niet van Openbaar Order, the arbitration clause does not necessarily provide the competence of the arbitration body to resolve the dispute under arbitration agreements. Instead the principle of clause is Pacta Sunt Servanda provides absolute competence for the arbitration body to resolve the dispute. The existence of these two principles leads to a lack of interpretation of the absolute competence of arbitration among law practitioners. This study aims to find out how exactly the competence of arbitration institutions in settling disputes that have been bound arbitration agreement is based on the duality principle of Niet van Openbaar Order and Pacta Sunt Servanda arbitration clause in Indonesian law. The results of the study explained that the legislation in the legal system of Indonesia as stipulated in Law no. 30 of 1999 has expressly stated that absolute competence for arbitration institution as the institution of dispute settlement which is bound by arbitration agreement. Therefore, the legal practitioners should return to the legal norm in order not to happen again the tug of competence to adjudicate disputes between the arbitration institution and the court institution. With this it is expected that the legal certainty in the arbitration order can be enforced.

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