scholarly journals Philosophy, Law, and Ethics of Handling COVID-19 Pandemic in Indonesia

2021 ◽  
Vol 9 (E) ◽  
pp. 1104-1108
Author(s):  
Kelik Wardiono ◽  
Khudzaifah Dimyati ◽  
Sigit Sapto Nugroho ◽  
Heru Nugroho ◽  
Joel Rey Acob ◽  
...  
Keyword(s):  
Public Safety ◽  
Infectious Disease Outbreak ◽  
The Public ◽  
The Core ◽  
Patients Rights ◽  
Law And Ethics ◽  
Legal Perspective ◽  
Public Rights ◽  
The Law ◽  
Law And Justice

BACKGROUND: During the pandemic, COVID-19 spread very quickly between people. Thus, the patients’ rights to obtain treatment do not have to decrease the protection of the public. The perspectives of ethics, law, and justice prioritize the rights of the public as stated in the principle “Salus Populi Suprema Lex Esto” (Public safety is the highest law as regulated in the law). METHODS: This research employs the statute approach with comprehensive, all-inclusive, and systematic manners to the ratio legis of the Health Law. It also uses the philosophy approach. RESULTS: In Indonesia, the regulatory handling of the COVID-19 pandemic is based on the Law on Infectious Disease Outbreak. During the COVID-19 pandemic, the quick spread of this disease causes many fatalities. Thus, individual rights of patients must be ruled out to prioritize public rights. CONCLUSION: The legal perspective upholds the “Salus Populi Suprema Lex Esto” principle, namely, public safety is the highest law was the core of philosophy, law and ethics handling covid 19 pandemic.

scholarly journals Penyelesaian Sengketa Para Pihak di Bidang Bisnis melalui Arbitrase

to-ra ◽  
2016 ◽  
Vol 2 (1) ◽  
pp. 305
Author(s):  
Nurdin Siregar ◽  
Radisman Saragih
Keyword(s):  
Everyday Life ◽  
The Other ◽  
Legal Certainty ◽  
The Public ◽  
The Core ◽  
Arbitration Clause ◽  
Good For ◽  
The Law ◽  
Core Issues ◽  
Made In

Arbitration is a way of solving civil disputes outside the public courts based the arbitration agreement made in writing by the parties to the dispute. The arbitration agreement is an agreement in the form of the arbitration clause contained in a written agreement made by the parties before a dispute arises or a separate arbitration agreement made by the parties after a dispute arises. In everyday life with various activities of members of today’s society, immense possibility of friction-friction in running business and trade that ended with disputes between members of the public and businesses. In efforts to completion, it would seem that this form of dispute diversity define the core issues then this diversity will be easy settlement with the provisions and rules of law that are sure to be able to look for the solution either arbitration or by mediation, consulting, negotiations, konsialiasi. The arbitration decision will be implemented after the verdict copy officially registered, but the arbitration ruling in accordance with the provisions of the law Arbitration can still be filed annulment if the decision is thought to contain elements, letters or documents are filed in the examination after the verdict recognized dinyataakan counterfeit or fake, after adjudication documents found prescriptive, which is hidden by the other party or the decision taken on the results of a ruse conducted by one of the parties in the dispute. That for legal certainty associated with the judiciary also good for the winning side and the decision is legally binding.   Kata Kunci: Penyelesaian sengketa bisnis melalui arbitrase  

scholarly journals IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

2019 ◽  
pp. 5-14
Author(s):  
Peter Chvosta
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The Public ◽  
Legal Provisions ◽  
Public Rights ◽  
Administrative Act ◽  
The Law ◽  
Administrative Jurisdiction ◽  
The Individual ◽  
Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

14. Charitable trusts

2019 ◽  
pp. 429-454
Author(s):  
JE Penner
Keyword(s):  
Attorney General ◽  
The Public ◽  
Public Benefit ◽  
The Core ◽  
Public Purpose ◽  
Charity Commission ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on charitable trusts. Charitable trusts are not subject to the beneficiary principle. These are valid purpose trusts that are enforced, not by beneficiaries, but by the Attorney-General or, more recently, by the Charity Commission. Charities are generally exempt from most taxes. The conditions for charitable status; the charitable character of public purpose trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the law concerning the public benefit requirement; and the application of the cy-près doctrine to save charitable trusts from failure are discussed.

scholarly journals Davies, Chantal, Ferreira, Nuno, Morris, Anne and Morris, Debra (2016) Editorial: The Equality Act 2010: five-years on. International Journal of Discrimination and the Law, Vol 16(2-3), 61-65

2018 ◽  
Author(s):  
Chantal Davies ◽  
Nuno Ferreira ◽  
Anne Morris ◽  
Debra Morris
Keyword(s):  
United Kingdom ◽  
Legal Study ◽  
The Public ◽  
The United Kingdom ◽  
Legal Implications ◽  
Legal Perspective ◽  
The Law ◽  
To Come ◽  
Poster Presentations ◽  
The Impact

‘The Equality Act 2010: five years on’ conference was organized as a collaboration between the Forum for Research into Equality and Diversity (University of Chester) and the School of Law and Social Justice (University of Liverpool). The Equality Act 2010 has arguably been one of the most important and challenging pieces of legislation introduced in the last decade in the United Kingdom. As such, it was felt that the 5-year anniversary of its implementation provided an excellent opportunity to bring together those researching and practising in this area of law. In particular, the conference was intended to provide the opportunity for a review of the implications and impact of the legislation during this period, but also to consider the way in which it can continue to promote equality and protect against discrimination into the 21st century.As organizers, we were keen to focus the themes of the conference around the broad range of socio-legal study taking place across the United Kingdom in relation to the Equality Act 2010. While many conferences have focussed on the implications of the legislation for practitioners and wider exploration of equality across a variety of sectors, it was felt that there were few academic gatherings permitting researchers to explore the impact of the Equality Act from a socio-legal perspective. Contributors were invited to submit papers and poster presentations across a range of themes around the legislation including, but not limited to, the public sector equality duty, intersectionality, positive action, strategic enforcement, hierarchy of protected characteristics, education, etc.The quality and range of papers and posters submitted and presented at the conference exceeded expectations. As had been hoped, the variety of socio-legal study being carried out across the United Kingdom around the Equality Act was exceptional. The conference, therefore, provided the space and opportunity to come together to explore the implications of this work and to build upon existing dialogues and networks in order to provide a better connected and less isolated evidential basis for the future development of the legislation. The collection of articles within this publication is an excellent representation of some of the themes explored at the conference. We are very grateful to the International Journal of Discrimination and the Law for providing the opportunity to expand the dialogue around the socio-legal implications of the Equality Act 2010 beyond the conference via this special edition.

The Mental Health Acts 1983 and 2007 and the offender-patient who absconds from hospital

2017 ◽  
Vol 57 (4) ◽  
pp. 205-210
Author(s):  
Benjamin Andoh
Keyword(s):  
Mental Health ◽  
Mental Patients ◽  
The Public ◽  
Mental Hospitals ◽  
Mental Health Act ◽  
Legal Perspective ◽  
The Law ◽  
Medical Perspective

Absconding from mental hospitals is a topic worth investigating because absconding usually has a variety of adverse consequences, not only for the absconders but also for the public and so forth. From a medical perspective, there have been several studies of absconding by mental patients and the harm they cause to themselves and others while they are at large. However, there is a paucity of such studies from a purely legal perspective. This study aims to contribute to the literature from a legal perspective by focusing on the offender-patient who absconds from hospital. It is argued, inter alia, that given the various ramifications of absconding from hospital, it is unsatisfactory that some offender-patients (specifically those on a hospital order without restrictions; s37 of the Mental Health Act 1983) could only be retaken within 28 days when they abscond from hospital, whereas non-offender patients in hospital under s3 of the same Act could be retaken within six months at least. Recommendations for reform of the law are duly tendered.

scholarly journals “Let's Change the Law”: Arkansas and the Puzzle of Juvenile Justice Reform in the 1990s

2016 ◽  
Vol 34 (4) ◽  
pp. 957-997 ◽  
Author(s):  
David S. Tanenhaus ◽  
Eric C. Nystrom
Keyword(s):  
Juvenile Justice ◽  
Public Safety ◽  
Social Scientists ◽  
The Public ◽  
The Law

[Governor Tucker] should also propose that juveniles be charged as adults more often. Such laws sound harsh. They are. Right now, they need to be. This is known as protecting the public safety. As deterrence. Until that improbable day when social scientists pinpoint the cause of crime, punishment is the best answer. Sure, swift punishment. Word will get around.Arkansas Democrat-Gazette, August 10, 1994.

Lakefront

2021 ◽  
Author(s):  
Joseph D. Kearney ◽  
Thomas W. Merrill
Keyword(s):  
Public Trust ◽  
Current Status ◽  
Happy Ending ◽  
Public And Private ◽  
The Public ◽  
Public Resources ◽  
Public Rights ◽  
Private And Public ◽  
The Law ◽  
Over Time

How did Chicago, a city known for commerce, come to have such a splendid public waterfront — its most treasured asset? This book reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. The book's authors study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. The book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. The book compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared to more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, the book demonstrates that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

scholarly journals Climate change compensation

2018 ◽  
Vol 14 (4) ◽  
Author(s):  
Benjamin Dudley Tombs ◽  
Ben France-Hudson
Keyword(s):  
Climate Change ◽  
New Zealand ◽  
Significant Loss ◽  
Public Works ◽  
Policy Choice ◽  
The Public ◽  
Loss And Damage ◽  
Legal Perspective ◽  
The Law ◽  
Careful Thought

Climate change will cause significant loss and damage throughout New Zealand. This will affect everyone. When considering the options for responding, compensation will inevitably be raised, as either a requirement or a policy choice. Many people, however, appear reticent to engage with ‘compensation’ either as a word or as a concept; preferring to avoid it altogether. This article argues that compensation will be an unavoidable part of the discussion about how best to respond to the challenges of climate change. It is an integral aspect of the law of compulsory acquisition and the Public Works Act. It sits in the background to both legal and popular understandings of other statutory regimes such as the Biosecurity and Earthquake Commission Acts. This article explores the ramifications of this observation from a legal perspective and suggests that careful thought should be given, as soon as possible, to the development of a principled approach to compensation for climate change loss and damage.

scholarly journals Pertentangan Hukum Adat Dengan Hukum Islam Dalam Kasus Waris Janda Poligami ‘Urang’ Banjar

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Rahmat Fadillah
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Legal Knowledge ◽  
The Public ◽  
Left Behind ◽  
Law And Ethics ◽  
The Law ◽  
Eternal Law ◽  
Very High ◽  
Husband And Wife

Abstract: Marriage is something sacred and has a binding and lasting impact on husband and wife, sometimes there is a husband's desire to have polygamy. In various countries where people adhere to Islam, it is justified to practice polygamy by Islamic law. However, from a polygamous relationship can cause problems, many of which are about inheritance. If a polygamous husband dies, then the distribution of the husband's inheritance becomes a confrontation for the wives who are left behind if the procedure for the distribution is unclear, whether to use Islamic law or use customary law. An example of this confrontation can be found in the Banjar community of South Kalimantan. By examining cases in the banjar community, it is hoped that we can find out what the phenomenon looks like, what laws are used by them and what is the perspective of Islamic law on the confrontation of this polygamous widow's inheritance. By using a normative literature method and a few interviews and observations in the field, this research finally gets the results that if a custom in Indonesia is against the law and ethics in sharia, it is no longer necessary to defend it. Because the position of god's law (sharia) is a very high and eternal law. This is following the reception a contrario theory. The importance of socialization and understanding to the public about legal knowledge in the field of inheritance, be it customary inheritance, positive legal inheritance, and Islamic inheritance, needs to be considered by various parties with various perspectives. And a good marriage is a marriage that from the beginning was intended to strengthen a lasting bond (mitshaqon ghalizon) so that the efforts in the process of achieving it are carried out as well as possible, according to the guidance of Islam which is rahmatan lil 'alamin.Abstrak: Pernikahan merupakan sesuatu yang sakral dan memberikan dampak yang mengikat serta abadi bagi pasangan suami isteri, terkadang ada keinginan suami untuk berpoligami. Diberbagai negara yang masyarakatnya menganut agama Islam dibenarkan untuk melakukan poligami oleh Hukum Islam. Akan tetapi dari sebuah hubungan poligami dapat menimbulkan permasalahan yang banyak diantaranya yaitu tentang harta warisan. Jika suami yang berpoligami meninggal maka tidak sedikit pembagian harta warisan suami tersebut menjadi pertentangan penetapan hukum yang digunakan bagi isteri-isterinya yang ditinggalkan jika tata cara pembagiannya tidak jelas, apakah menggunakan Hukum Islam atau menggunakan Hukum Adat. Contoh Pertentangan ini dapat ditemui pada masyarakat banjar kalimantan selatan. Dengan kita meneliti kasus di masyarakat banjar ini diharapkan dapat mengetahui seperti apa fenomenanya, Hukum apa yang digunakan oleh mereka dan bagaimana persfektif Hukum Islam terhadap pertentangan warisan janda poligami ini. Dengan menggunakan metode kepustakaan yang bersifat normatif dan sedikit wawancara serta observasi di lapangan maka akhirnya penelitian ini mendapatkan hasil bahwa apabila suatu adat istiadat di Indonesia ini bertentangan dengan hukum dan etika dalam syariah maka tidak perlu lagi untuk dipertahankan. Karena posisi hukum tuhan (syariah) adalah hukum yang sangat tinggi dan eternal. Hal ini sesuai dengan teori reception a contrario. Pentingnya sosialisasi dan pemahaman kepada masyarakat tentang ilmu pengetahuan hukum dalam bidang waris baik itu waris adat, waris hukum positif, dan waris Islam, perlu diperhatikan oleh berbagai pihak dengan berbagai sudut pandang. Dan pernikahan yang bagus adalah pernikahan yang sejak awal di niatkan dalam meneguhkan ikatan yang abadi (mitshaqon ghalizon) sehingga upaya dalam proses pencapaiannya itu di laksanakan sebaik-baik mungkin, sesuai tuntunan agama Islam yang rahmatan lil ‘alamin.

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