scholarly journals THE IMPORTANCE OF POLICE ETHICS FOR THE REPUTATION OF THE POLICE IN SOCIETY

2021 ◽  
pp. 157-174
Author(s):  
DARKO BIKAREVIĆ
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Work ◽  
Ethical Principles ◽  
Legal Certainty ◽  
Basic Principles ◽  
Security Issues ◽  
Central Topic ◽  
Police Ethics ◽  
Principles And Standards

Legal state is a democratic creation that is based on legal certainty and rule of law and is a form of state in which all subjects are bound by the law, where it is crucial that this refers to state authorities that have a monopoly over power and directly encroach the sphere of human rights. Acting according to the principle of legally is brought before the police as an imperative of great importance. Although this principle is, without a doubt, primary in the police work, it will not be the central topic of this paper. The goal of the author is to move focus of the paper towards the importance of adhering to ethical principles and standards, basic principles of democratic work of the police, as well as strengthening trust of citizens in the police in order to create safe community with accessible and ethically inclined police that responsibly act together with the community in identifying and solving security issues.

scholarly journals JUDICIAL REVIEW PASAL-PASAL MAKAR KUHP: PERSPEKTIF PENAFSIRAN HUKUM DAN HAM (JUDICIAL REVIEW ON TREACHERY ARTICLES OF THE CRIMINAL CODE: THE PERSPECTIVE OF LAW INTERPRETATION AND HUMAN RIGHTS)

2017 ◽  
Vol 8 (2) ◽  
pp. 235-253
Author(s):  
Prianter Jaya Hairi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Legal Sanctions ◽  
Definition Of

In 2017, Constitutional Court has received three calls for judicial reviews regarding treachery (makar) article in the Criminal Code. These articles deemed to be contradicting with the principle of legal certainty and freedom of expression. This study analyzes the important issue that is being debate in those judicial reviews. One of those is about the argument which says that the absence of the definition of treachery in the Criminal Code has caused a violation of legal certainty. Besides, the rule of treachery in the Criminal Code has also considered to have caused a violation of freedom of expression which has been guaranteed by Constitution. Analysis shows that the absence of treachery definition in the Criminal Code is not something that instantly becomes a problem in its application that causing the loss of legal certainty. Law enforcer, especially judge, in enforcing the rule of law must always use the method of law interpretation which appropriate with legal norm. With systematic interpretation, treachery can be interpreted according to the sentence of the rule as a unity of the legal system. In this case, the term treachery as regulated in Article 87 of the Criminal Code can be systematically interpreted as the basis for Article 104-Article 108 of the Criminal Code, Article 130 of the Criminal Code, and Article 140 of the Criminal Code which regulates various types of treason and their respective legal sanctions for the perpetrators. Further, on the argument that the articles of treachery in the Criminal Code also can not necessarily be said to limit the freedom of expression, because every citizen’s freedom has limitation, including the limitation of law and human rights. AbstrakPada tahun 2017, Mahkamah Konstitusi telah menerima tiga kali judicial reviewterhadap pasalpasal tindak pidana makar dalam Kitab Undang-Undang Hukum Pidana (KUHP). Pasal-pasal ini dipandang bertentangan dengan prinsip kepastian hukum dan kebebasan berekspresi. Tulisan ini menganalisis substansi yang menjadi perdebatan dalam perkara judicial review tersebut. Di antaranya perdebatan mengenai tidak adanya definisi istilah makar dalam KUHP yang menyebabkan persoalan kepastian hukum. Selain itu, pengaturan tindak pidana makar dalam KUHP juga dinilai melanggar kebebasan berekspresi yang telah dijamin oleh konstitusi. Analisis terhadap persoalanpersoalan tersebut menunjukkan bahwa ketiadaan definisi kata “makar” dalam KUHP bukanlah merupakan sesuatu yang serta merta langsung menjadi persoalan dalam penerapannya sehingga menyebabkan hilangnya kepastian hukum. Penegak hukum, terutama hakim, dalam menegakkan peraturan hukum selalu menggunakan metode penafsiran hukum yang sesuai dengan kaidah ilmu hukum. Dengan penafsiran sistematis, makar dapat dimaknai sesuai kalimat dari peraturan sebagai suatu kesatuan sistem hukum. Dalam hal ini, istilah makar yang diatur dalam Pasal 87 KUHP, secara sistematis dapat ditafsirkan sebagai dasar bagi Pasal 104-Pasal 108 KUHP, Pasal 130 KUHP, dan Pasal 140 KUHP yang mengatur tentang jenis makar beserta sanksi hukumnya masing-masing bagi para pelakunya. Selain itu, mengenai argumen bahwa pasal-pasal makar dalam KUHP berpotensi melanggar HAM dan dipandang bertentangan dengan konstitusi dapat dikatakan tidak beralasan. Sebab kebebasan HAM setiap orang tidak tanpa batas, di antaranya dibatasi nilai-nilai agama, keamanan, dan ketertiban umum.

scholarly journals The adversity on establishing places of worship: has religious freedom failed in Indonesia?

2021 ◽  
Vol 29 (1) ◽  
pp. 93-113
Author(s):  
Ridwan Arifin ◽  
Hanif Helmi ◽  
Ngaboawaji Daniel Nte ◽  
Waspiah Waspiah ◽  
Dian Latifiani
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Rule Of Law ◽  
Religious Freedom ◽  
Cultural Factors ◽  
Security Studies ◽  
Legal Regulations ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Human Rights Standards

Religious freedom has various interpretations in practice, although the rule of law regulates this right. In many cases, freedom of religion is closely related to human rights and security studies, however, not infrequently, the cases intersect with political policies. This paper aims to analyze various cases regarding religious freedom in Indonesia concerning human rights. This paper examines various phenomena related to difficulties and establishing places of worship, especially for certain groups in Indonesia in various policies and legal regulations in Indonesia. The method used for this research is non-empirical research. All data dan information analyzed come up from various previous research. This paper found and underlined that debates on the relativity of human rights often lead to different perceptions in human rights standards. Various laws relating to communities of places of worship, in many cases and considered by many experts to violate the basic principles of human rights. This paper also emphasized that the fulfillment of human rights in Indonesia concerning religious freedom cannot be separated from historical, sociological, and cultural factors of the Indonesian people themselves.

scholarly journals LEGAL DEFINITION IN THE CONTEXT OF THE PROTECTION OF HUMAN CONSTITUTIONAL RIGHTS

2020 ◽  
Vol 17 (1) ◽  
pp. 59-68
Author(s):  
Ellada Balayan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Res Judicata ◽  
Legal Science

Introduction. In modern legal science, the category of “legal certainty” is understood and interpreted in different ways. Opinions and approaches of scientists differ in designating the type, nature, elements, regulatory burden and the full content of the idea of legal certainty. The significance of the principle of legal certainty in the context of the protection of human rights cannot be considered without taking into account the influence of Roman law on it. The idea of establishing the rule of law for the “expulsion of all injustice” and contradictions is relevant in modern law. Without a broad interpretation of the principle of res judicata, human rights violations cannot be avoided. Purpose. The purpose of the research is to analyze the nature, content of the normative burden of the category “legal certainty”, various theories and approaches to determining its place in the doctrine of constitutional law, in general, in the context of protecting human rights and freedoms, in particular. Methodology. The methodological basis of the study is scientifically developed and applied in practice, the main scientific methods, such as the dialectical method of cognition, which allows you to analyze all phenomena and processes in their development, the relationship and interdependence, as well as general scientific and private scientific methods, analysis, specific historical, logical historical, systemic, comparative legal and other methods. The theoretical basis of the study is the work of domestic and foreign experts of constitutional law, the theory of state and law, international law, as well as other areas of legal science. The material of a scientific article is based on the study of various scientific sources: monographs, dissertations, scientific articles, materials of scientific and practical conferences, etc. Results. The category of “legal certainty” in the doctrine is considered in different contexts. The unity of opinion in the legal doctrine exists solely to indicate the important role and significant place of the principle of legal certainty in law-making and law enforcement activities of the state. The normative burden of legal certainty is interpreted more meaningfully, since it covers not only the elements of the supposed stability and clarity of the current legal regulation or the essence of the principle of res judicata, but also the consistency, clarity of the entire system of law, the constancy of law enforcement, the practice of the activities of the judiciary, the integrity and compliance of prescriptions law and legal culture and consciousness of all subjects of legal relations to these requirements. Conclusion. To avoid violations of the constitutional rights and freedoms of man and citizen, as well as non-compliance with the constitutional guarantees of their state, including judicial, defense, to ensure the most harmonious state of legal stability of the individual, society and the rule of law is possible only with the application of this approach.

From High Hopes to Scepticism? Human Rights Protection and Rule of Law in Europe in an Ever More Hostile Environment

2019 ◽  
pp. 150-171
Author(s):  
Angelika Nußberger
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
European Convention ◽  
Relevant Aspect ◽  
Legal Certainty ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Major Player ◽  
International Legal System ◽  
The One

The chapter argues that the dynamics inherent in the European Convention system can pose a problem to legal certainty. The first pillar of the analysis is the double link between the Strasbourg system of human rights protection and rule of law. On the one hand the Court contributes to developing the concept of rule of law by elaborating standards on the basis of concrete cases. On the other hand the Court is a major player in the international legal system and has to abide itself by the principles it develops. The second pillar of the analysis is what may be called ‘high hopes’ linked to the human rights protection system, in particular during the 1950s and the 1990s. The question arises why some member states have changed their attitude and look at European human rights protection with a critical attitude. Tensions between human rights and rule of law seem to be a relevant aspect in this respect.

scholarly journals THE PRINCIPLE OF THE RULE OF LAW AS A UNIVERSAL BASIS FOR ADMINISTRATIVE JUSTICE

2020 ◽  
pp. 90-95
Author(s):  
Zh. M. Melnyk-Tomenko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Value ◽  
Legal Certainty ◽  
Administrative Process ◽  
The Rule Of Law ◽  
Non Fiction ◽  
European Court ◽  
The Law ◽  
Administrative Justice

In the article, on the basis of a generalized analysis of scientific and non-fiction sources, the content of the principle of the rule oflaw as a basis of administrative justice is determined. It is emphasized that the rule of law is one of the fundamental “pillars” of the systemof principles of the administrative process, its foundation. Its prominent role for the administrative process, including its reflectionand consolidation in the provisions of the Code of Administrative Justice of Ukraine. The breadth and ambiguity in the views on thiscategory make it possible to single out several interpretations of the rule of law in domestic legal (including administrative) doctrine. As a result, the author stated that the principle of the rule of law, as a universal basis of administrative justice, is the initial, fundamentalbasis of the administrative process, according to which the administrative court in the decision of the case proceeds from thefact that the law is “higher” than the law, and administrative-processual relations as a whole are built on the formula: a person, his lifeand health, honor and dignity, integrity and security are recognized in Ukraine as the highest social value. It is emphasized that the principle of the rule of law, now among the general characteristics, is a certain set of guidelines andrequirements for administrative justice, formulated by the European Court of Human Rights, including the principle of accessibilityof justice, legality, legal certainty, prohibition of arbitrariness, observance of human rights non-discrimination and equality before thelaw and the court, etc. It is noted that the principle of the rule of law is not limited to these requirements and characteristics, since theEuropean Court of Human Rights systematically enriches its value with new permanent features and conditions of adherence in specificcases (including those to which Ukraine is a party).

scholarly journals Consideration of the bail concept as a component of a financial liability in the understanding of the law of Ukraine "On the prevention of corruption" for qualification of the act in accordance with article 366-1 of the Criminal Code of Ukraine

2020 ◽  
pp. 127-134
Author(s):  
Yu.A. Shevchenko ◽  
O.V. Kharytonova
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Rule Of Law ◽  
Criminal Code ◽  
Constitutional Court ◽  
Practical Consideration ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Law

This article is devoted to the analysis of the current legislation of Ukraine, as well as judicial practice in the context of the need to enter information in the declaration of a person authorized to perform the functions of the state or local government, namely the column "Financial Liabilities", in the form of surety, and the problem of providing a criminal legal assessment in the context of the possibility of the acts qualification under Article 366-1 of the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine). These issues nowadays acquire the status of an exceptional legal problem due to the lack of a single law enforcement practice, and therefore require theoretical and practical consideration. In this regard, the article focuses on the analysis of certain provisions of the Law of Ukraine "On Prevention of Corruption", consideration of the crime under Article 366-1 of the Criminal Code of Ukraine, as well as consideration of the judicial practice of the European Court of Human Rights, the Supreme Court, the Constitutional Court Ukraine, courts of appeal and local courts. Much of the author's attention is focused on the concept of legal nature and the institution of bail in general. In doing so, the author explored the above issues through the lens of human rights protection, based on the understanding of the essence of the principle of legal certainty, which is part of the concept of the rule of law. The conclusions suggested proposals as for improving the question that author discussed by amending national anti-corruption legislation in order to enable it to qualify the act provided for in Article 366-1 of the Criminal Code of Ukraine in the form of failure to enter information in the declaration column "Financial liabilities" of the persons authorized to perform the functions of state or local government in the presence of surety. In particular, the author emphasized that formulation of the norm, which defines the concept of "financial liabilities", makes it impossible to apply it in the context of qualifying a crime under Article 366-1 of the Criminal Code of Ukraine due to lack of legal certainty, which makes it impossible to maintain the principle the rule of law, and therefore a priori, human rights and freedoms will be violated.

scholarly journals Problems of protecting human rights in the context of the COVID-19 pandemic

2021 ◽  
pp. 96-100
Author(s):  
N. S. Latypova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Rule Of Law ◽  
Constitutional Rights ◽  
Basic Principles ◽  
Global Response ◽  
The Rule Of Law ◽  
Emergency Measures

As part of the global response of States to the COVID-19 pandemic, most governments are currently forced to take emergency measures to respond to the emerging national threat, introducing bans and restrictions, establishing additional responsibilities and measures to control citizens, which inevitably raises the question of the need to preserve the fundamental principles of the rule of law and the basic constitutional rights and freedoms of man and citizen in the context of the pandemic. The purpose of this article is to analyze the main problems of protecting human and civil rights in the context of a pandemic and to determine the basic principles and rules on which States are based when adopting legislation that restricts the rights and freedoms of citizens.

scholarly journals Principle of the Rule of Law in the Case-law of the European Court of Human Rights

1970 ◽  
pp. 373-379
Author(s):  
Tetiana Tsuvina
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Fair Trial ◽  
Court Decisions ◽  
Legal Certainty ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
European Court ◽  
The Law ◽  
The Right

The article is devoted to the interpretation of the principle of rule of law in the practice of the European Court of Human Rights. The concept of the rule of law, along with democracy and human rights makes up the three pillars of the Council of Europe and is endorsed in the Preamble to the ECHR. The Preamble to the ECHR states that the governments of European countries are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law. The rights most obviously connected to the rule of law include: the right of access to justice, the right to a fair trial, the legal principle that measures which impose a burden should not have retroactive effects the right to an effective remedy, anyone accused of a crime is presumed innocent until proved guilty etc. The author concludes that there is an expediency of grouping separate requirements of the rule of law in the practice of the ECtHR around concepts, which are concluded to be elements of the rule of law in a democratic society. Such elements of the rule of law in the practice of the ECHR are recognized as legality, legal certainty, fairness of a trial and the priority of human rights. Legality supposes that authorities need a legal basis for measures which interfere with a right of an individual, as well as quality requirement for the law such as accessibility, foreseeability and no arbitrariness. Legal certainty encompasses foreseeability in application of the law; non-retroactivity of legislation; the principle of res judicata; mandatory execution of court decisions and consistency of judicial practice. Fair trial requirements devoted into two groups: general requirements (access to court, independent and impartial tribunal, execution of court decisions etc.) and requirements for criminal proceedings (presumption of innocence, principle nullum crimen sine lege etc.) It is noted that the legality, legal certainty, fairness of a trial are formal requirements of the rule of law, thus the priority of human rights is a substantive (material) requirement of the rule of law. The aforementioned testifies to the natural-legal approach that the ECHR is guided by in interpreting the rule of law in its practice, understanding it primarily as the rule of human rights.

Sign in / Sign up

Export Citation Format

Share Document