Zur Reversibilität von Rechtsfolgen einer vorsorgenden Sicherheitspolitik

2019 ◽  
Vol 52 (3) ◽  
pp. 359-388
Author(s):  
Patricia Wiater
Keyword(s):  
Security Policy ◽  
Terrorist Attack ◽  
Setting Time ◽  
Public Security ◽  
German State ◽  
Constitutional Principle ◽  
Legal Consequence ◽  
Principle Of Proportionality ◽  
The One ◽  
Legal Consequences

Since the terrorist attack on Berlin’s Breitscheidplatz took place in December 2016, German state interior ministries deport potential top terrorists in the accelerated procedure under section 58a Residence Act (AufenthG). As a legal consequence, section 11‍(5) Residence Act imposes a lifelong entry ban to foreigners who have been deported on the basis of § 58a Residence Act. In defining the requirements for deporting potential top terrorists, the ministries do not refer to the foreseeability of a concrete terrorist attack, but to the risk arising from the person concerned. Consequently, deportation orders can also be issued to persons who, although identifying with radical extremist Islamism, would not have committed terrorist attacks in case they had stayed in Germany. This practice of accepting misjudgements, that is of deporting „the wrong“, for the sake of public security forms part of the broader concept of fighting terrorism pre-emptively. The paper reveals that there is a twofold need for reform of the German lifelong entry ban for potential top-terrorists: It arises, on the one hand, from the fact that section 11 Residence Act violates EU law requirements of the „Return Directive“ and, on the other hand, from the constitutional principle of proportionality. De lege lata, this principle is infringed because the legal consequence of a lifelong entry ban does not mitigate the deliberate acceptance of misjudgements within the framework of section 58a Residence Act. The paper argues that the constitutionality of pre-emptive security policy presupposes that the factual and legal consequences of misjudgements are reversible. As a consequence, the constitutionality of section 11 Residence Act with regards to potential top terrorists depends on setting time limits on entry bans.

scholarly journals Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 83-91
Author(s):  
Alexander A. Podmarеv ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
Constitutional Principle ◽  
The Russian Federation ◽  
Principle Of Proportionality ◽  
The One ◽  
Restrictive Measures

Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.

PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

Moral and Legal Dilemmas of the New Polish Security Policy

2019 ◽  
Vol 27 (02) ◽  
pp. 260-274
Author(s):  
Marek Górka
Keyword(s):  
Security Policy ◽  
Terrorist Attack ◽  
Civil Liberties ◽  
European Countries ◽  
Heated Debate ◽  
The Law

Due to attacks carried out by terrorist organisations, most European countries have placed this phenomenon at the forefront of their priorities in the field of security policy. The fight against terrorism has sparked a heated debate about the significance of security and civil liberties. The law on anti-terrorist operations of 2 July 2016 triggered the debate in Poland as well. This article attempts to answer the question of whether it is possible to maintain a balance between freedom and security. Therefore, the contemporary challenge that many governments face is not effective terrorist attack prevention, but rather an effective anti-terrorism policy whose provisions will not pose a greater threat to democracy than terrorists themselves.

scholarly journals MIgrations in the modern world and their implications for security policy of the Transatlantic community.

2018 ◽  
Author(s):  
Jarosław Gryz
Keyword(s):  
Social Security ◽  
21St Century ◽  
Security Policy ◽  
Security Management ◽  
Modern World ◽  
Formula One ◽  
Economic Issues ◽  
The One

The purpose of submitted Article is to indicate the character of the challenges related to migrations, their selected forms and influence on Transatlantic community states security . Thesis stipulates that the phenomenon of migrations in the first half of the 21st century more and more strongly defines the context of social security of states implying Transatlantic bonds and international actions taken or not undertaken in their formula. One can assume that migrations, in addition to political and military as well as economic issues, will be the one of domains of NATO security management. The above-mentioned factors will lead to a change in the character of the relations within the Transatlantic Community. <br>

scholarly journals Pengaturan Mengenai Pendaftaran Pendirian Firma Pada Sistem Administrasi Badan Usaha

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 475
Author(s):  
I Made Hengki Permadi
Keyword(s):  
Human Rights ◽  
District Court ◽  
Commercial Law ◽  
Conceptual Approach ◽  
Government Regulations ◽  
Administration System ◽  
Military Alliance ◽  
Legal Consequence ◽  
The Military ◽  
Legal Consequences

The process or procedure for establishing a firm is regulated in Article 22 and Article 23 of the Commercial Law Code (hereinafter referred to as KUHD). In this provision, it is stipulated that the firm must be established with an authentic deed and registered with the Registrar of the District Court where the firm was established. The regulations in the KUHD are not in line with the Minister of Law and Human Rights Regulation Number 17 Year 2018 regarding the Registration of the Military Alliance, the Fima Alliance and the Civil Alliance which indicates that the registration of the firm is carried out in the Legal Entity Administration System (hereinafter referred to as SABU). it appears that there is a norm conflict between the two rules. This study aims to determine the arrangements in registering the Firm and the legal consequences of not registering the Firm in the Business Entity Administration System (SABU). This research is a normative legal research. In research using a statutory and conceptual approach. Using primary and secondary legal materials. The results showed that based on the principle of Lex Superiori derogate Legi Inferiori, based on the hierarchy of statutory regulations, the KUHD which is equivalent to the Law is stronger than the Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of Komanditer Alliance, Firm Alliance and Civil Alliance whose position is under Government Regulations and Presidential Regulations, because the Acts are higher than Government Regulations and Presidential Regulations. The legal consequence of not registering a firm with SABU is that the name of the firm can be used first by other firms so it must change the name of the firm concerned with another name because in the SABU system there is a registration of the firm's alliance name. If there is a partnership with another firm that registers the name of the firm first, then the name of the same firm cannot be registered again and the firm is deemed invalid. Proses atau tata cara pendirian firma diatur dalam Pasal 22 dan Pasal 23 Kitab Undang-Undang Hukum Dagang (yang selanjutnya disebut KUHD). Dalam ketentuan tersebuti menentukan bahwa firma harus didirikan dengan akta otentik dan didaftarkan pada Kepaniteraan Pengadilan Negeri dimana firma tersebut didirikan. Peraturan dalam KUHD tersebut tidak sejalan dengan Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 17 Tahun 2018 tentang Pendaftaran Persekutuan Komanditer, Persekutuan Fima dan Persekutuan Perdata yang mengisyaratkan bahwa pendaftaran firma dilakukan pada Sistem Administrasi Badan Hukum (yang selanjutnya disebut SABU). terlihat bahwa adanya konflik norma diantara kedua aturan itu. Penelitian ini bertujuan untuk mengetahui   pengaturan dalam pendaftaran Firma  dan akibat hukum apabila tidak mendaftarkan Firma pada Sistem Administrasi Badan Usaha (SABU). Penelitian ini merupakan penelitian hukum normatif. Dalam penelitian menggunakan pendekatan perundang-undangan dan konseptual. Menggunakan bahan hukum primer dan sekunder.   Hasil penelitian  menunjukkan  bahwa  berdasarkan asas Lex Superiori derogate Legi Inferiori maka berdasarkan hirarki peraturan perundang-undangan, KUHD yang setara dengan Undang-Undang lebih kuat dibanding Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 17 Tahun 2018 tentang Pendaftaran Persekutuan Komanditer, Persekutuan Firma dan Persekutuan Perdata yang kedudukannya dibawah Peraturan Pemerintah dan Peraturan Presiden, karena Undang-Undang kedudukannya lebih tinggi dari Peraturan Pemerintah dan Peraturan Presiden. Akibat hukum dari tidak didaftarkannya firma pada SABU, yaitu nama firma dapat dipakai terlebih dahulu oleh firma lainnya sehingga harus mengganti nama firma yang bersangkutan dengan nama yang lain karena di dalam sistem SABU terdapat pendaftaran nama persekutuan firma. Jika ada persekutuan firma lain yang mendaftarkan nama firmanya terlebih dahulu maka nama firma yang sama tidak akan bisa didaftarkan kembali dan firma tersebut dianggap tidak sah pendiriannya.

scholarly journals Addressing local government issues in the practice of the Constitutional Court of the Russian Federation during the implementation of municipal reform in Russia

2020 ◽  
Vol 6 (2) ◽  
pp. 133-147
Author(s):  
Aleksey Andreevich Amiantov
Keyword(s):  
Russian Federation ◽  
Descriptive Analysis ◽  
Constitutional Court ◽  
Local Authorities ◽  
Constitutional Principle ◽  
Municipal Reform ◽  
The Russian Federation ◽  
Regional Authorities ◽  
Legal Consequences

The presented study is devoted to the study of the practice of the Constitutional Court of the Russian Federation in relation to issues of local self-government in the context of the municipal reform of 2014-2015. and its legal consequences. The aim of this work is to carry out a comprehensive assessment of the practice of the Constitutional Court of the Russian Federation on the identified problems of the work of local authorities in the period following the start of municipal reform. The research methodology is built by combining descriptive analysis elements and a case study. It is concluded that the Constitutional Court of the Russian Federation has consistently maintained its position on the constitutional nature of the reform of local authorities. The provisions of the relevant regulatory legal acts are limited only partially and only in relation to first-level municipalities - municipal authorities of settlements. Given the deprivation of the latter a significant part of the powers and the observed transition to a singlelevel system of local self-government, the adoption of these restrictions does not significantly affect the implementation of the reform. Of fundamental importance is the position of the Constitutional Court of the Russian Federation regarding the new powers of regional authorities in relation to municipalities. The increase in the arsenal of legal instruments of the influence of the leadership of the constituent entities of the federation on the heads of local self-government was not interpreted as a violation of the constitutional principle of the independence of municipalities. The latter opens up the possibility for further legalization of the process of embedding municipal bodies in the structure of the informal “power vertical”.

scholarly journals A Hard Example Mining Approach for Concealed Multi-Object Detection of Active Terahertz Image

2021 ◽  
Vol 11 (23) ◽  
pp. 11241
Author(s):  
Ling Li ◽  
Fei Xue ◽  
Dong Liang ◽  
Xiaofei Chen
Keyword(s):  
Computer Vision ◽  
Object Detection ◽  
State Of The Art ◽  
Terahertz Imaging ◽  
Public Security ◽  
Counter Terrorism ◽  
Detection Algorithms ◽  
Public Dataset ◽  
The One ◽  
Objects Detection

Concealed objects detection in terahertz imaging is an urgent need for public security and counter-terrorism. So far, there is no public terahertz imaging dataset for the evaluation of objects detection algorithms. This paper provides a public dataset for evaluating multi-object detection algorithms in active terahertz imaging. Due to high sample similarity and poor imaging quality, object detection on this dataset is much more difficult than on those commonly used public object detection datasets in the computer vision field. Since the traditional hard example mining approach is designed based on the two-stage detector and cannot be directly applied to the one-stage detector, this paper designs an image-based Hard Example Mining (HEM) scheme based on RetinaNet. Several state-of-the-art detectors, including YOLOv3, YOLOv4, FRCN-OHEM, and RetinaNet, are evaluated on this dataset. Experimental results show that the RetinaNet achieves the best mAP and HEM further enhances the performance of the model. The parameters affecting the detection metrics of individual images are summarized and analyzed in the experiments.

scholarly journals Improving The Object Of Fiduciary Guarantee According To Law Number 42 Of 1999 On Fiduciary Guarantee

2020 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Ahmad Yani Kosali
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Public Official ◽  
Legal Research ◽  
Object Based ◽  
Legal Consequence ◽  
The Subject ◽  
Ownership Rights ◽  
Legal Consequences

Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.

Responsive Regulierung für den homo oeconomicus institutionalis – Ökonomische Verhaltenstheorie in der Verhältnismäßigkeitsprüfung

2001 ◽  
Author(s):  
Kilian Bizer ◽  
Martin Führ
Keyword(s):  
Economic Analysis ◽  
Institutional Economics ◽  
Behavioral Model ◽  
Legal Framework ◽  
Homo Oeconomicus ◽  
Starting Point ◽  
The Law ◽  
Principle Of Proportionality ◽  
The One ◽  
Analytical Tools

The starting point of the research project was the hypothesis that the "principle of proportionality", which is fundamental to law, is related to the "economic principle". The resulting methodological similarities were intended to enable a cross-disciplinary bridge to be built, which would allow the findings of economic analysis to be made fruitful for legal issues. This was practically tested in three study areas in order to be able to better classify the performance of the analytical tools. The foundations for interdisciplinary bridge building are found in the rational-choice paradigm. In both disciplines, this paradigm calls for an examination of the relationship between the purpose-means-relations: among the design options under consideration, the one must be selected that is expected to be as (freedom- or resource-) sparing as possible, in other words, the most "waste-free" solution to the control problem.The results of the economic analysis can thus be "translated" in such a way that, within the framework of "necessity", they support the search for control instruments that are equivalent to the objective but less disruptive. supports. The core of the positive economic analysis is the motivational situation of those actors whose behavior is to be influenced by a changed legal framework. In this context, the classical behavioral model of economics proved to be too limited. It therefore had to be developed further in line with the findings of research in institutional economics into homo oeconomicus institutionalis. This behavioral model takes into account not only the consequentialist, strictly situational utility orientation of the model person, but also other factors influencing behavior, including above all those that are institutionally mediated. If one takes the motivational situation of the actors as the starting point for policy-advising design recommendations, it becomes apparent that an understanding of governance dominated by imperative behavioral specifications leads to less favorable results, both in terms of the degree to which goals are achieved and in terms of the freedom-impairing effects, than a mixed-instrument approach oriented toward the model of "responsive regulation." According to this model, the law can no longer simply assume that those subject to the law will "obediently" execute the legal commands. It must ask itself what other factors determine behavior and under what boundary conditions changes can be expected in the direction of the desired behavior. For this reason, too, it must engage with the cognitive program of the behavioral sciences. This linkage opens up new perspectives for interdisciplinary research on the consequences of laws.

PERLINDUNGAN HUKUM KONSUMEN TERHADAP PENARIKAN DAN PENYITAAN OBJEK JAMINAN FIDUCIA YANG TIDAK DIDAFTARKAN KREDITUR

2021 ◽  
Vol 15 (1) ◽  
pp. 51-66
Author(s):  
Fahmi Ali Ramdhani
Keyword(s):  
Dispute Resolution ◽  
Financial Institutions ◽  
Legal Protection ◽  
Protection Measures ◽  
Analytical Research ◽  
Legal Consequence ◽  
Legal Consequences

The facts on the ground are that there are often problems due to legal consequences due to the non-registration of fiduciary guarantees by financial institutions. This study aims to determine consumer legal protection measures when fiduciary collateral is not registered at the Fiduciary Registration Office. This study also aims to examine the legal consequences of the withdrawal and confiscation of fiduciary collateral objects that are not registered at the Fiducia Registration Office by PT. Suzuki Finance Indonesia. This study uses a normative juridical method with descriptive-analytical research specifications through a statutory approach. Based on this study, it is concluded that consumer dispute resolution can be pursued through the court or outside the court based on the decision of the disputing parties. One of the legal protections and obligations in using fiduciary guarantees for finance companies was the first issuance of PP No.21 of 2015, Permenkeu No. 130 / PMK.010 / 2012, and POJK 29/2014. The legal consequence of not registering the object of the fiduciary guarantee is that the fiduciary guarantee has not been born so that the legal consequences attached to the fiduciary guarantee do not apply.

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