scholarly journals Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 121
Author(s):  
Rizka Rahmawati
Keyword(s):  
Legal Regulation ◽  
Conceptual Approach ◽  
Cross Model ◽  
Bilateral Agreements ◽  
Accounts Payable ◽  
Sense Of Security ◽  
Debt Repayment ◽  
The Republic ◽  
The Right ◽  
Court Process

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals Perlindungan Pekerja/Buruh yang Bekerja di Masa Darurat COVID-19 dalam Prespektif Keselamatan dan Kesehatan Kerja

2021 ◽  
Vol 4 (3) ◽  
pp. 1111
Author(s):  
Risma Fitri Amalina
Keyword(s):  
Work Environment ◽  
Occupational Safety ◽  
Virus Disease ◽  
Health And Safety ◽  
Legal Regulation ◽  
Conceptual Approach ◽  
Occupational Illness ◽  
Corona Virus ◽  
The Right ◽  
The Impact

AbstractIn Indonesia, currently the number of victims infected with Corona Virus Disease 2019 (COVID-19) is increasing, causing death. The impact of Covid-19 on the labor sector, namely company closures, delays in mobilization and decreased productivity. The research was conducted using a statutory and conceptual approach. The results showed that the Covid-19 virus was a disease caused by biological exposure factors. What employers can give workers / laborers in the work environment during the Covid-19 pandemic is the right to Occupational Safety and Health (K3). K3 is a protection that must be received by workers in order to prevent accidents in the work environment. In accordance with the mandate of the Work Safety Law and the Labor Law, workers infected with the Covid-19 virus can recover to their original state if they are given adequate health insurance by the state. However, until now there has been no latest legal regulation regarding the protection of workers who work amid Covid-19. Keywords: Occupational Health and Safety; COVID-19; Occupational Illness; Health insurance.AbstrakDi Indonesia saat ini jumlah korban yang terinfeksi Corona Virus Disease 2019 (COVID-19) semakin meningkat sehingga menyebabkan kematian. Dampak Covid-19 pada sektor ketenagakerjaan yakni penutupan perusahaan, keterlambatan mobilisasi dan menurunnya produktivitas. Penelitian dilakukan dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa virus Covid-19 termasuk ke dalam penyakit akibat faktor pajanan biologi. Hal yang dapat diberikan pengusaha kepada pekerja/buruh di lingkungan kerja selama pandemi Covid-19 adalah hak atas Keselamatan dan Kesehatan Kerja (K3). K3 merupakan perlindungan yang wajib diterima oleh pekerja guna mencegah terjadinya kecelakaan di lingkungan kerja. Sesuai dengan amanat UU Keselamatan Kerja dan UU Ketenagakerjaan, pekerja yang terinfeksi virus Covid-19, dapat pulih seperti keadaan semula apabila diberikan jaminan kesehatan yang memadai oleh negara. Namun, sampai saat ini belum ada peraturan hukum terbaru terkait perlindungan pekerja yang bekerja ditengah Covid-19. Kata Kunci: Keselamatan dan Kesehatan Kerja; COVID-19; Penyakit Akibat Kerja; Jaminan Kesehatan.

scholarly journals Stages of the development of agricultural production in the Republic of Belarus: to the 100th anniversary of the Ministry of Agriculture and Food of the Republic of Belarus

2019 ◽  
Vol 57 (1) ◽  
pp. 7-18
Author(s):  
L. K. Zayats ◽  
V. A. Samsonovich
Keyword(s):  
Food Security ◽  
Agricultural Production ◽  
Legal Regulation ◽  
100Th Anniversary ◽  
Economic Consequences ◽  
Economic Regulation ◽  
Industrial Complex ◽  
The Republic ◽  
The Right ◽  
Agriculture And Food

There are several stages associated with fundamental changes in arrangement and production technologies for the development of agricultural production in the Republic of Belarus. Each of the stage was associated with achievements of scientific and technological progress and had important social and economic consequences. The paper dwells on the stages of agriculture development in the Republic of Belarus since 1919 to the present days. The basic transformations of the Ministry of Agriculture and Food as a body for state administration of agriculture are covered. It is shown that nowadays the Ministry of Agriculture and Food of the Republic of Belarus performs absolutely greater part of functions in the field of state agriculture management, in particular: administration, economic regulation, legal regulation, state agricultural policy, state control. It is known that high level of agro-industrial complex development guarantees the food security of the state, therefore, political independence and sovereignty as well. Over the years of the sovereign existence, the Republic of Belarus has been able to restore and develop agriculture, ensuring the country’s food security, as well as become an important exporter of food and agricultural products. Thus, the achieved results of agricultural production confirm the right chosen course aimed at intensive methods of work based on achievements of science and technology.

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

scholarly journals DUE TO LAW OF SELECTING THE RIGHT REPUDIATION CITIZENSHIP STATUS IN CITIZENSHIP LAW REVIEW OF INDONESIA

2019 ◽  
Vol 4 (2) ◽  
pp. 20-32
Author(s):  
Qurrotul Uyun
Keyword(s):  
Research Study ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
Dual Citizenship ◽  
Foreign Countries ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Legal Consequences

Designation (naturalization) includes giving Indonesian citizenship status of one or a number of people from foreign nationals, or gives the status as a citizen of Indonesia or the number of people who do not have citizenship (stateless) .According to the laws of the Republic of Indonesia citizens who have dual citizenship must choose one of these citizenship so until he has only one nationality. For Indonesian citizens are treated when these approvals to those Indonesian nationals, according to Indonesian citizenship legislation that called "gain" or "select" nationality of the Republic of Indonesia will be replaced with Indonesian nationality, and which are called "retained" Dutch nationality or nationality of foreign countries or "reject" Indonesian nationality. So goes the Indonesian nationality, if it has lost the nationality Indonesia automatically all matters concerned with the rights and obligations of citizens or her country also erased or lost. The problem that will be discussed are: Does the right of repudiation in the process of selecting citizenship status lead to legal consequences for those concerned? Does repudiation rights used in the process of selecting citizenship status in Indonesia? By studying this research, it is expected to find out the point of problems in selecting indonesian citizenship.This research used qualitative. Since this method is a directed and systemic method. In addition, this research study used statute approach and conceptual approach. It is an approach which comes from views and doctrines that are developed in the science of law.The findings of this research are: first, as a result of law that is rejected, rejected state has no right to force someone to reject the offer, this happens because of self-will without intervension from other sides. Since, the status of citizenship related to the existence in getting right and obligation of someone in every action.  The second problem is repudiation right that is used in Indonesia by special naturalization. It means that the state is able to offer or give citizenship status by using it, and in this session, the citizen has right to receive or reject that offer.

scholarly journals KONSEP HAK MENGUASAI NEGARA TERHADAP TANAH DALAM HUKUM TANAH (UUPA) DAN KONSTITUSI

GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 991
Author(s):  
NI LUH ARININGSIH SARI
Keyword(s):  
The State ◽  
State Control ◽  
Land Law ◽  
Conceptual Approach ◽  
Legal Principles ◽  
East Indies ◽  
The People ◽  
Approach Method ◽  
The Republic ◽  
The Right

     The concept of the State's Right to Control over Land in Land Law (UUPA) and the Constitution are things that need to be clarified based on law. The type of research in this research is normative research, namely research on legal principles related to the concept of the State's right to control over land seen from the aspects of the Basic Agrarian Law and the 1945 Constitution of the Republic of Indonesia. The approach method used in this research is the statutory approach (the statute approach), the conceptual approach, which utilizes the views and thoughts of experts regarding the concept of the rule of law and the historical approach is carried out by examining what background. which underlie a development of the implementation of the right to control the State. The results of the study show that the concept of the right to control of the State which is regulated in the 1945 Constitution and the UUPA, is different from the legal relationship which is ownership between the State and land based on the Domeinverklaring principle which is regulated in the Land Law for the Administration of the Dutch East Indies Government which has been revoked in the UUPA. The principle of Domeinverklaring contradicts the legal awareness of the Indonesian people and the principles of an independent and modern State, especially in the 1945 Constitution which regulates State control of all agrarian resources which are essentially intended for the greatest prosperity of the people (Article 33 paragraph (3)).

scholarly journals REGULACJA PRAWNA INTERPELACJI POSELSKICH W SEJMIE ŚLĄSKIM W LATACH 1922-1939

2016 ◽  
Vol 11 (2) ◽  
pp. 60
Author(s):  
Józef Ciągwa
Keyword(s):  
Legal Regulation ◽  
Specific Procedure ◽  
The Republic ◽  
The Right ◽  
Council Of Ministers

LEGAL REGULATION OF INTERPELLATIONS IN THE SILESIAN PARLIAMENT IN THE YEARS 1922-1939 Summary Article 14 of The Constitutional Act of 15 of July 1920 on Silesian autonomy granted the Silesian Parliament an important instrument of control of the administration of the autonomous voivodship in the form of the right to interpellate the Voivode and Voivodship Council. A specific procedure of the execution of this right was to be determined by the Silesian Act on the Internal Government of the Silesian Voivodship. However, the Silesian Parliament was not able to pass such legislation and the manner of interpellation was determined – as adopted in the form of parliamentary resolutions – by the Rules of the Session of the Silesian Parliament (of 13 October 1922; 31 January 1923; 17 June 1930; 11 March 1936). Each particular set of these rules of the session referred to the rules of the session of the Parliament of the Republic of Poland. The reception of all-Polish rules of interpellation concerned obviously only the basic rules, as the specific decisions (e.g. concerning the interpelled organs; the scope of support given to interpellation; the terms) were naturally different. The uncritical use of all-Polish patterns of interpellation led to the Silesian Parliament being granted upon The Rules of the Session of 17 June 1930 the right to interpellate the Council of Ministers; and to the removal of The Voivodship Council from interpellated organs – upon The Rules of the Session of 11 March 1936. These solutions were contrary to Article 14 of the Constitutional Act of 15 July 1920 on the Silesian Autonomy. The Silesian Rules of the Session, adopted 11 March 1936, formed according to The Rules of the Session of the Parliament of the Polish Republic (of 5 October 1935) contained some solutions which were contrary to the classic solutions of the interpellation procedure: facultative debate over the interpellation and reply; disposing the Parliament of the right to pass a resolution on whether to accept or not the Voivode’s reply. These solutions did not favour the effectiveness of the interpellation process.

scholarly journals Subjective and Territorial Scope of confugium ad ecclesias, and Christian Ideas

2019 ◽  
pp. 195-211
Author(s):  
Renata Świrgoń-Skok
Keyword(s):  
Legal Regulation ◽  
Ancient Rome ◽  
Legal Regulations ◽  
Legal Nature ◽  
The Republic ◽  
The Right ◽  
The Church

Beginnings of asylum (asylum, ius asyli, confugium) in ancient Rome dates back to Romulus times. In subsequent periods of the development of the Roman state, the right of asylum was further developed and included in the norms of material and legal nature. In the Republic Period there were no comprehensive legal regulations regarding ius asyli, although temple asylum was known. It was only during the empire that legal regulation of asylum was in place and two of its forms were developed, confugium ad statuum (asylum, escape to the monument to the emperor) and confugium ad ecclesias (church asylum). That study focuses on answering the question of whether Christian ideas had an impact on the subjective and territorial scope confugium ad ecclesias. After the Edict of Milan in the year 313, Christianity, being able to worship publicly, began to influence the consciousness of the inhabitants of the empire. The Church was conceived as an institution protecting the weak, persecuted and those in need. The right of asylum was also enriched with some Christian elements, especially mercy (misericordia), in relation to individuals entitled to benefit from asylum protection. The territorial extent is also expanded to include places belonging to temples, such as the bishop’s house, cemetery and monasteries. An important novelty was the validity of confugium ad ecclesias in every Christian temple because it was not the emperor’s decision that was in force of ius asylum and the sanctity of the place. However, imperial constitutions played a more important role in shaping the right of asylum in the 4th and 5th centuries than the synodal legislation.

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