scholarly journals Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 99
Author(s):  
Ronald Saija ◽  
Fransiscus X. V. R Letsoin ◽  
Rory Jeff Akyuwen ◽  
Pieter Radjawane
Keyword(s):  
Indigenous Peoples ◽  
Agrarian Reform ◽  
Conceptual Approach ◽  
Reform Policy ◽  
The Subject ◽  
The Republic ◽  
Customary Land ◽  
The Right ◽  
Water Space

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.

Determination of integral indicators characterizing the possibility of accommodating the evacuated population in the territory of the Republic of Kazakhstan

2020 ◽  
pp. 154851292097028
Author(s):  
Yernar Zh Akimbayev ◽  
Zhumabek Kh Akhmetov ◽  
Murat S Kuanyshbaev ◽  
Arman T Abdykalykov ◽  
Rashid V Ibrayev
Keyword(s):  
Statistical Data ◽  
Armed Conflicts ◽  
Security Issues ◽  
Inaccurate Information ◽  
The Subject ◽  
The Republic ◽  
The Impact ◽  
Integrated Indicators ◽  
Selection Of

Studying the historical facts of past wars and armed conflicts and natural and man-made emergencies, today in the Republic of Kazakhstan one of the most important security issues is the preparation and organization of the evacuation of the population from possible dangerous zones, taking into account the emergence of new threats to the country’s security. The paper presents an algorithm for constructing universal scales of the distribution function of opportunities by types of support and rebuilding them into subject scales using display functions. The purpose of the paper is to determine the integral indicators characterizing the possibility of accommodation of the evacuated population and the impact on resources during relocation. On the subject scales of cities and districts of the region, indicators of the possibility of relocation of a certain amount of the evacuated population by types of support and indicators characterizing the impact on the district’s resources during resettlement of a certain amount of the evacuated population are determined. It was concluded that the use of integrated indicators allows the selection of areas to accommodate the evacuated population without the use of statistical data, in conditions of incomplete and inaccurate information. The presented method does not replace traditional methods based on classical methods of territory assessment by the level of life sustenance, but also allows their reasonable combination with the experience of specialists in this field, taking into account the incompleteness, uncertainty, and inconsistency of the initial data of the study area, which does not allow the application of existing methods.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš

2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Reasonable Time ◽  
Judicial Practice ◽  
Reasonable Time Frame ◽  
The Subject ◽  
The Republic ◽  
The Right

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

scholarly journals Acting on Behalf of Another Without Consent as a Source of the Right of Obligations in the Republic of Kosovo

2021 ◽  
Vol 10 (6) ◽  
pp. 295
Author(s):  
Sevdai Morina ◽  
Endri Papajorgji
Keyword(s):  
The Other ◽  
Legal Obligation ◽  
Legal Action ◽  
Property Value ◽  
Bodily Integrity ◽  
Mutual Help ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Social Wealth

In life, it often happens that humans take different actions on different occasions to save man or his wealth. These actions can be taken when there is a need to protect the integrity of man and his wealth, both individual and social wealth. Man performs these actions morally and without any institutional obligation. Man does the action without consent in order to save one's life or another's wealth. There is a need for such an action, because everyone sometimes in certain cases needs mutual help. With these behaviors of people, it is seen that they do not take these actions out of legal obligation, but act and should act with the consciousness and conscience of the civilized man. People who do this are driven by the need for cooperation, humanity, existence at the expense of the other, namely society. A person performs this action by perpetrating the work of another without consent for any other person. Hence, they undertake some factual and legal action for the other, sacrificing something that can be the property value and their bodily integrity. Sometimes this action must be taken because there are actions that cannot be postponed, therefore someone should take an action in such situations even when uninvited. Consequently, the subject matter analyzed in this paper is the act of perpetration of the work of another without consent as a source of the right of obligations in the Republic of Kosovo.   Received: 6 October 2021 / Accepted: 1 November 2021 / Published: 5 November 2021

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.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Specific Notarial Protection of the Testator's Exclusive Rights: Kazakh and International Experience

2019 ◽  
Vol 10 (3) ◽  
pp. 770
Author(s):  
Karlygash Asilkhanovna JUMABAYEVA ◽  
Lola Furkatovna TATARINOVA ◽  
Gulnaz Tursunovna ALAYEVA ◽  
Saule Zhusupbekovna SULEIMENOVA ◽  
Danila Vladimirovich TATARINOV
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Experience ◽  
Copyright Holder ◽  
Main Function ◽  
Legal Practice ◽  
The Subject ◽  
The Republic ◽  
The Right

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.

The Number of Zeros of a Polynomial in a Half-Plane

1960 ◽  
Vol 56 (2) ◽  
pp. 132-147 ◽  
Author(s):  
A. Talbot
Keyword(s):  
Half Plane ◽  
Continued Fraction ◽  
Complex Polynomial ◽  
Continued Fraction Expansion ◽  
Left Half ◽  
Number Of Zeros ◽  
Full Discussion ◽  
The Subject ◽  
The Right

The determination of the number of zeros of a complex polynomial in a half-plane, in particular in the upper and lower, or right and left, half-planes, has been the subject of numerous papers, and a full discussion, with many references, is given in Marden (l) and Wall (2), where the basis for the determination is a continued-fraction expansion, or H.C.F. algorithm, in terms of which the number of zeros in one of the half-planes can be written down at once. In addition, determinantal formulae for the relevant elements of the algorithm can be obtained, and these lead to determinantal criteria for the number of zeros, including that of Hurwitz (3) for the right and left half-planes.

Heritability of the Second to Fourth Digit Ratio (2d:4d): A Twin Study

2006 ◽  
Vol 9 (2) ◽  
pp. 215-219 ◽  
Author(s):  
Simon N. Paul ◽  
Bernet S. Kato ◽  
Lynn F. Cherkas ◽  
Toby Andrew ◽  
Tim D. Spector
Keyword(s):  
Environmental Effects ◽  
Intraclass Correlation ◽  
Twin Studies ◽  
Variance Components Analysis ◽  
Fourth Finger ◽  
The Subject ◽  
Components Analysis ◽  
The Right ◽  
Best Fit

AbstractThe second to fourth finger length ratio (2d:4d) has been the subject of much recent work and is thought to be related to diverse gender and hormone-related traits including sports ability, disease susceptibility, attractiveness and sexuality. It is established in utero and remains constant in adulthood. Familial clustering has been thought to contribute to the development of 2d:4d from early studies but no twin studies exploring heritability have been reported to date. In this study, a sample of 456 female twin pairs (148 monozygotic [MZ], 308 dizygotic [DZ]) aged 18 to 79 years was used to estimate the heritability of 2d:4d for the right and left hands. Finger lengths were derived from hand xrays. Variance components analysis was used to estimate and contrast genetic and environmental effects on this phenotype. The mean 2d:4d was 0.92 (SD = 0.001) for both hands. The MZ intraclass correlation was higher than in DZ (.66 vs. .35 for right 2d:4d, and .71 vs. .37 for left 2d:4d). The best fit model included additive polygenic and unique environmental effects (‘AE’ model), with no significant common environmental effects detected. Heritability was estimated to be approximately 66% for 2d:4d (95% confidence interval 0.5–0.78). These results suggest a substantial genetic contribution to the determination of this hormonally related skeletal ratio in women, which could be more influential than the effects of common prenatal environmental factors. However the current study design does not preclude the possibility of confounding between heritability estimates and unobserved prenatal effects.

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