scholarly journals Direct effect of the constitution and its impact on case-law in the Republic of Armenia

2021 ◽  
pp. 53-60
Author(s):  
Anahit Manasyan ◽  
Keyword(s):  
Law Enforcement ◽  
Direct Effect ◽  
Case Law ◽  
Constitutional Court ◽  
Priority Rules ◽  
Judicial Practice ◽  
The Law ◽  
The Republic ◽  
Direct Implementation

The article considers the issues with regard to the direct effect of the Constitution. The topic is presented by analyzing the techniques for proper implementation of the Constitution and ensuring the constitutionality of the law enforcement/judicial practice. Author differentiates the content of the concepts „direct effect” and “direct implementation” of the Constitution, presenting the essence of each of the notions. Techniques for proper implementation of constitutional norms are suggested by the author, analyzing also the implementation priority rules. According to the author implementing legislative provisions in conformity with their constitutionallegal content is another precondition for ensuring the proper application of the Constitution. The law enforcement/judicial practice can become a subject of consideration by the Constitutional Court of the Republic of Armenia if itis not an issue of legitimacy of the mentioned practice, but an issue of constitutionality of the latter, an issue of evaluation of the circumstance whether the legal acts are implemented in conformity with their constitutional-legal content in the frames of the mentioned practice is raised.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

scholarly journals Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Legal Protection ◽  
The Political ◽  
Constitutional Court ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

scholarly journals The Prosecutor’s Authority to Conduct a Criminal Investigation Based on The Government Administration Law

2021 ◽  
Vol 2 (1) ◽  
pp. 11-20
Author(s):  
Leonardo Adiguna
Keyword(s):  
Law Enforcement ◽  
Constitutional Court ◽  
Government Administration ◽  
Normative Approach ◽  
Corruption Case ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Coordination Patterns ◽  
Financial Losses

This research uses a normative approach, which is carried out by examining laws and theories. Also, this study uses a case approach, namely the 2017 village fund corruption case in Pekon Sukaratu. The main problem in this res­earch is what is the authority of the prosecutor in conducting investigations into criminal acts of corruption after the passage of Law Number 30 of 2014 concerning Government Administration and whether the investigation carried out by the prosecutor at the Pringsewu District Prosecutor's Office in coordination with the Government Internal Supervisory Apparatus or Aparatur Pengawas Internal Pemerintah (APIP) against the allegations a criminal act of corruption in the management of village funds in 2017 in Pekon Sukaratu whose losses to the state have been returned have met the principle of legal certainty. The research results show that the prosecutor has the authority to carry out the law enforcement process, namely the investigation of suspected corruption crimes as stipulated in Article 30 paragraph (1) letter d of the law on the Prosecutor's Office of the Republic of Indonesia. Based on the results of the research that has been done, it is better if changes in laws and regulations related to the elements of corruption in Law No. 31 of 1999 concerning Eradication of Corruption Crime because there is a product of the Constitutional Court with the decision No. 25/PUU-XIV/2016. Besides, there is a need for socialization for prosecutors regarding their authority in TPK investigations and related to coordination patterns with the authority of APIP in carrying out investigations and calculating state financial losses.

scholarly journals Critique of two decicions of Constitutional Court of the Republic of Srpska / Kritika dvije odluke Ustavnog suda Republike Srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 114
Author(s):  
Milan Blagojević
Keyword(s):  
Social Insurance ◽  
Public Authority ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Subject ◽  
Internal Morality ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
In The Beginning

The subject of this paper are two decisions of Constitutional Court of the Republic of Srpska which set in motion not only the question of constitutionality of one statute from the area of social insurance, but the questions of internal morality of the state and law as well. Beginning part of the paper is preceding to introduction into that problem, and in the beginning part the author, by the example from the judicial practice, point out an unconstitutional practice due to which in the area of social insurance is infringed the right on property by inactivity of competent organs of public authority. The infringement of the same right is caused by statute provisions analised in the paper. It is word on provisions of the Law on social insurance in the Republic of Srpska, by which is prescribed that the pensions will be determined again for some of beneficiaries, what in practice means that their pensions will be decreased, and that for some of other beneficiaries it will not be done. This unconstitutional behaviour of legislator, due to which the right on property and equality before the law are infringed, are tried to be resolved by the Constitutional Court of the Republic of Srpska in its two decisions by opinion according to which it is a matter of policy of legislator and suitability to prescribe whether the pensions will be determined again for all or for some beneficiaries. This opinion is exposed to the criticism in the paper.

scholarly journals The Interpretation of Structured, Systematic, and Massive Violations in the 2019 Presidential Election Dispute at the Indonesian Constitutional Court

2021 ◽  
Vol 14 (4) ◽  
pp. 47
Author(s):  
Heru Widodo
Keyword(s):  
Law Enforcement ◽  
Presidential Election ◽  
Legal Aspect ◽  
Vice President ◽  
Constitutional Court ◽  
Vote Count ◽  
The Subject ◽  
The Law ◽  
Election Results ◽  
The Republic

Based on the results of the election of candidates for President and Vice President of the Republic of Indonesia in 2019, an objection was submitted to the Constitutional Court over the results of the vote count by Candidate Pair 02 Prabowo-Sandi. Apart from questioning the correction of miscalculations, objections were also filed against various frauds that caused the candidate's defeat based on structured, systematic, and massive violations. In this article, the problems include: (1) How is the legal aspect of a structured offense, systematic and massive in disputes over election results? (2) What are the law enforcement regulations for election violations and disputes? (3) What is the interpretation of disqualification in the Constitutional Court Decision after the enactment of the Election Law and the Law on General Election of Regional Heads simultaneously? Data analysis used descriptive qualitative, by classifying, comparing, and linking legal materials with the subject matter. The conclusion is various reforms in law enforcement regulations for simultaneous election violations and disputes include the resolution of violations, criminal acts, and election disputes, including the resolution of structured, systematic, and massive violations, accompanied by strengthening of institutions and setting limits on the authority for settlement. In the 2019 Presidential and Vice-Presidential Election, the authority to enforce the law for measurable violations regarding the nomination requirements are submitted to the Election Supervisory Agency and disputed through the State Administrative Court. As for Structured, Systematic, and Massive violations, the reporting process is processed and decided by Bawaslu (Indonesian: Badan Pengawas Pemilu).

Soft Law Enforcement in the Nigerien Gendarmerie

2017 ◽  
Author(s):  
Mirco Göpfert
Keyword(s):  
Law Enforcement ◽  
Soft Law ◽  
The Law ◽  
The Republic

This chapter explores how gendarmes in the Republic of Niger, notwithstanding their aspiration for popular legitimacy, try to justify their actions, not to others, but to themselves. Civilians bring the stories of their problems to the gendarmes’ attention in the form of complaints. Whether a complaint turns into a case, and thus whether the gendarmes become active, depends on their appreciation of the complainant’s story and whether their ‘vocational ear’ is attuned to this story; and their vocational ear functions much more in terms of the material and moral gravity of the alleged offence, not in terms of the 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 Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

scholarly journals Rasisme dan Penerapan Pasal Makar terhadap Kebebasan Ekspresi Politik Papua

2021 ◽  
Vol 4 (1) ◽  
pp. 49-80
Author(s):  
Herlambang P. Wiratraman
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Criminal Code ◽  
District Court ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Freedom Of Association ◽  
Political Expression ◽  
Ratio Decidendi ◽  
The Republic

Freedom of political expression has not been fully guaranteed in the Indonesian legal system. One of the most prominent in the legal debate is the matter of treason (makar) charges against political expressions of self-determination. In the case of Papua, many Papuans have been detained, criminalised, and even killed because of their political expression. Interestingly, the Constitutional Court, through its decision Number 7/PUU-XV/2017, provided guidance in its ‘ratio decidendi’ argument, specifically the interpretation of treason phrases in the Criminal Code. Interpretation is given by the Constitutional Court after seeing the reality that law enforcement has been arbitrarily abused by the application of the treason article. This is contrary to the freedom of association, opinion and expression, as guaranteed in the 1945 Constitution of the Republic of Indonesia. This article discusses how the application of the phrase treason in law enforcement, especially in connection with the conviction of many Papuans after the Surabaya anti-racism rallies in September 2019. A number of district court decisions on dozens of convicted Papuans show that the legal system that guarantees freedom of political expression has not changed much and law enforcement in fact emphasises the position of racial discrimination and is far below the standard of human rights law. Abstrak Kebebasan ekspresi politik belum sepenuhnya dijamin dalam sistem hukum Indonesia. Salah satu yang paling mengemuka dalam perdebatan hukum adalah soal tuduhan makar terhadap ekspresi politik menentukan nasib sendiri. Dalam kasus Papua, tidak sedikit jumlah warga Papua yang ditahan, dikriminalkan, hingga tewas terbunuh karena soal ekspresi politiknya. Menariknya, Mahkamah Konstitusi melalui putusannya Nomor 7/PUU-XV/2017 memberikan panduan dalam argumen ratio decidendinya, khusus interpretasi frasa makar dalam Kitab-Undang-Undang Hukum Pidana. Penafsiran diberikan oleh Mahkamah Konstitusi setelah melihat realitas penegakan hukum telah banyak disalahgunakan penerapan pasal makar. Hal demikian bertentangan dengan kebebasan berkumpul, berpendapat dan berekspresi, sebagaimana dijamin dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Artikel ini membahas bagaimana penerapan frasa makar dalam penegakan hukumnya, khususnya berkaitan dengan dipidananya banyak warga Papua setelah aksi anti rasisme Surabaya pada September 2019. Sejumlah putusan pengadilan negeri atas puluhan warga Papua yang dipidana tersebut memperlihatkan sistem hukum yang menjamin kebebasan ekspresi politik tidak banyak berubah dan penegakan hukum justru menegaskan posisi diskriminasi rasial serta jauh dari standar hukum hak asasi manusia.

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