scholarly journals Transition to Federalism in Nepal

2020 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Serdar Yilmaz ◽  
Syed Khaled Ahsan ◽  
Gabriel Dedu ◽  
Saurav Shamsher J.B. Rana
Keyword(s):  
Needs Assessment ◽  
Regulatory Environment ◽  
Federal System ◽  
Broad Definition ◽  
Institutional Structures ◽  
The Government ◽  
Definition Of ◽  
Made In ◽  
Laws And Regulations

Nepal embarked on a full-fledged federal system with the adoption of a new Constitution in 2015. Progress has been made in terms of setting up of key institutional structures, and strengthening the regulatory environment for federalism, and to some extent staff deployment. But significant gaps still exist between the needs and existing capacity at all levels of government. A Federalism Capacity Needs Assessment (FCNA) was conducted in 2018-19 for the Government of Nepal (GoN). The FCNA used a broad definition of capacity, including organizational (physical and human) and institutional (laws and regulations) elements. This paper presents progress in the implementation of federalism based on the findings of the FCNA.

Tunisia’s jihadi fighters may test ties with Europe

2017 ◽  
Keyword(s):  
Law Enforcement ◽  
Asylum Seekers ◽  
Content Type ◽  
Broad Definition ◽  
The Status ◽  
The Government ◽  
Definition Of ◽  
Foreign Fighters ◽  
New Generation ◽  
At Home

Subject The government's response to returning foreign fighters. Significance The government is grappling with the problem of returning extremist nationals from foreign battlefields as well as Tunisians imprisoned at home and abroad. The status of illegal Tunisian migrants and asylum seekers in Europe has also generated tension, most strongly with Germany. Impacts Pressure from European governments to repatriate Tunisian citizens will further burden state resources and law enforcement efforts. Prosecuting individuals based on a broad definition of terrorism could further alienate and radicalise young Tunisians. Tunisia’s failure to address the problem of radicalisation in prisons may create a new generation of jihadi-salafist leaders.

scholarly journals An Inconvenient Mirror: Do we already have the next Mental Health Act?

2014 ◽  
Vol 1 (13) ◽  
pp. 138
Author(s):  
David Hewitt
Keyword(s):  
Mental Health ◽  
Broad Definition ◽  
Code Of Practice ◽  
Mental Health Act ◽  
The Status ◽  
Recent Developments ◽  
The Government ◽  
Draft Bill ◽  
Definition Of ◽  
Key Aspects

<p>The Government intends to replace the Mental Health Act 1983, and the most recent of its proposals were contained in the Draft Mental Health Bill published in June 2004.</p><p>The 1983 Act is now very different to the statute introduced at the end of 1982. Parliament and the courts have made a number of significant changes over the last 20-odd years, and they have brought us a lot closer to the next Mental Health Act than many people – and possibly even the Government – suppose. In fact, those changes may have brought us rather close to the Draft Mental Health Bill. That will be an uncomfortable thought for many people.</p><p>This paper will consider five key aspects of the Draft Mental Health Bill:</p><p>• the provisions dealing with risk and treatability;</p><p>• the notion of compulsion in the community;</p><p>• the status of the Code of Practice; and</p><p>• the abolition of the Approved Social Worker.</p><p>The paper will ask whether, because of the changes of the last two decades, the current Mental Health Act has already arrived at much the same point. In addition, the paper will consider the position of incapable patients. Although the Draft Bill contains precious few proposals about them, the paper will ask whether recent developments have made a broad definition of mental disorder all but essential.</p>

scholarly journals EXAMINING THE DRAFT CIPTA KERJA BILL IN THE PERSPECTIVE OF HUMAN RIGHTS TO ACHIEVE RESPONSIVE, ASPIRATIONAL AND PROGRESSIVE NATIONAL LAW DEVELOPMENT

2021 ◽  
Vol 12 (2) ◽  
pp. 1
Author(s):  
Rama Halim Nur Azmi
Keyword(s):  
Human Rights ◽  
Comparative Approach ◽  
National Interests ◽  
The Public ◽  
Critical Attitude ◽  
Employment Sector ◽  
The People ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

Abstract:President Joko Widodo in 2018 revealed the government's target of making a law by means of the omnibus law to overcome the existence of regulatory obesity and overlapping regulations in Indonesia. One of the sectors the government has targeted for the enactment of the omnibus law is the employment sector. The drafting of the omnibus law bill on labor began in 2019 with the target completed within 100 days. At that time the draft law was called the Draft Cipta Lapangan Kerja Bill. However, in the draft last in February 2020 the draft law was named the Draft Cipta Kerja Bill. According to the Chairperson of the People's Legislative Assembly, Puan Maharani, in the DraftCipta Kerja Bill, which was made in an omnibus law, consisted of 79 laws. In the Draft Cipta Kerja Billnotonly includes the employment sector but also other sectors such as the environment. However, the Cipta Kerja Bill has so far drawn rejection from the public, laborers, activists, academics, and practitioners because it is considered in the drafting of the Cipta Kerja Bill that it has problems both formally and materially, even according to some experts the Cipta Kerja Bill has the potential to violate human rights if authorized. In this paper, we will discuss the existence of the omnibus law as one of the mechanisms for the formation of laws and regulations and how the problems in the Draft Cipta Kerja Bill. The method used in this research is a normative juridical method with the statutory and comparative approach. The results of this study are an analysis of the existence of the omnibus law as one of the mechanisms for the formation of legislation and the existence of a picture and a critical attitude towards the issue of the Cipta Kerja Bill. So that through this paper, it can be seen whether the drafting of the Cipta Kerja Bill is intended for the interests of the people or only for the sake of investment which will certainly sacrifice human rights and harm national interests.   Keywords: omnibus law, Draft CiptaKerja Bill, employment, human rights.   Abstrak:Presiden Joko Widodo pada tahun 2018 mengungkapkan target pemerintah yakni membuat suatu undang-undang dengan cara omnibus law untuk mengatasi adanya obesitas regulasi dan tumpang tindihnya regulasi di Indonesia. Salah satu sektor yang menjadi target pemerintah untuk dibuatkan undang-undang omnibus law adalah sektor ketenagakerjaan. Penyusunan rancangan undang-undang omnibus law tentang ketenagakerjaan dimulai sejak tahun 2019 dengan target selesai dalam waktu 100 hari. Saat itu rancangan undang-undang tersebut dinamakan Rancangan Undang-Undang Cipta Lapangan Kerja. Namun, dalam draft terakhir pada Februari 2020 rancangan undang-undang tersebut bernama Rancangan Undang-Undang Cipta Kerja (RUU Cipta Kerja). Menurut Ketua Dewan Perwakilan Rakyat Puan Maharani dalam RUU Cipta Kerja yang dibuat secara omnibus law tersebut terdiri dari 79 undang-undang. Dalam RUU Cipta Kerja tersebut tidak hanya memuat tentang sektor ketenagakerjaan saja tetapi juga sektor-sektor lainnya seperti lingkungan hidup. Tetapi, RUU Cipta Kerja tersebut hingga saat ini menuai penolakan baik dari masyarakat, buruh, aktivis, akademisi, dan praktisi karena dinilai dalam penyusunan RUU Cipta Kerja tersebut memiliki masalah baik secara formil maupun materiil bahkan menurut sebagian ahli RUU Cipta Kerja berpotensi melanggar hak asasi manusia apabila disahkan. Dalam tulisan ini akan dibahas mengenai bagaimana keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan bagaimana permasalahan dalam RUU Cipta Kerja. Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan peraturan perundang-undangan dan pendekatan perbandingan. Adapun hasil dari penelitian ini adalah adanya analisis terhadap keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan adanya suatu gambaran dan sikap kritis terhadap permasalahan RUU Cipta Kerja. Sehingga melalui tulisan ini dapat terlihat apakah penyusunan RUU Cipta Kerja memang diperuntukkan kepentingan rakyat atau hanya demi kepentingan investasi semata yang tentunya akan mengorbankan hak asasi manusia dan merugikan kepentingan nasional.   Kata Kunci:omnibus law, RUU Cipta Kerja, ketenagakerjaan, hak asasi manusia.  

Mental Health in an Indian Rural Community

1971 ◽  
Vol 118 (546) ◽  
pp. 499-503 ◽  
Author(s):  
M. N. Elnagar ◽  
Promila Maitra ◽  
M. N. Rao
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Rural Areas ◽  
Incidence Rates ◽  
Expert Committee ◽  
Industrial Workers ◽  
Working Definition ◽  
The Government ◽  
Definition Of ◽  
Made In

The difficulties of organizing mental health services in developing countries are made all the greater by inadequacy of information about the extent of illness and disability. Some beginnings have been made in India, particularly under the sponsorship of the All India Institute of Mental Health, Bangalore. The Mental Health Advisory Committee of the Government of India (1966) suggested a probable prevalence of mental illness of 20 per 1,000 population in general, 18 per mille for semi-rural and 14 per mille for rural areas. These figures are much lower than the 72 per 1,000 suggested by Sethi et al. (1967). Ganguli (1968) estimated a prevalence rate of 140 per 1,000 in industrial workers near Delhi. Incidence rates have been much less studied than prevalences (Lin and Standley, 1962). A WHO Expert Committee on mental health convened in 1960 suggested as a working definition of a case of mental illness:

scholarly journals IN SEARCH OF CONSTITUTIONALITY: FREEDOM OF EXPRESSION AND INDONESIA’S ANTI-PORNOGRAPHY LAW

Yuridika ◽  
2012 ◽  
Vol 27 (2) ◽  
Author(s):  
R. Herlambang Perdana Wiratraman
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Women’S Rights ◽  
Cultural Expression ◽  
Broad Definition ◽  
The Government ◽  
Definition Of ◽  
Being Religious

In 2008 vehement debates about the freedom of expression divided Indonesia, after the government resubmitted a bill for Anti-Pornography to Parliament. The various sides employed all kinds of arguments and perspectives, the main ones being religious versus human rights and pluralism. The main problem of the new law is its vague and very broad definition of pornography, which could threaten women’s rights, cultural expression and press freedom. In the context of democratization in Indonesia post Soeharto, freedom of expression has been progressively promoted, particularly by the adoption of a Constitutional guarantee for freedom of expression. Nevertheless, the constitutionality of freedom of expression still needs to be comprehensively re-explored in order to advance human rights and democracy development.Key words: Anti-Pornography, Freedom of Expression, Human Rights

scholarly journals Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian

2021 ◽  
Vol 21 (4) ◽  
pp. 517
Author(s):  
Jeremy Emmanuel Purba
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Ratio Decidendi ◽  
The Law ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.

scholarly journals Pengendalian Asas Kebebasan Berkontrak Dalam Sistem Pre Project Selling

2020 ◽  
Vol 18 (1) ◽  
pp. 43-61
Author(s):  
Irwan Gomulja
Keyword(s):  
Consumer Protection ◽  
Freedom Of Contract ◽  
Written Form ◽  
Consumer Contracts ◽  
The Government ◽  
Modern Era ◽  
Made In ◽  
Do So ◽  
Laws And Regulations

Pre Project Selling is a sale before the project is built where the property being sold is just a picture or concept. This concept of marketing has become a trend in the modern era, especially for developers. The principle of freedom of contract in an agreement is a must-have foundation in the case of an agreement in a pre-project selling transaction. In consumer contracts made in standard written form prepared in advance by the developer. This means that all terms and conditions are made by the developer himself, so the consumer will only do so need to approve or reject the contract without the ability to change or add anything to PPJB content. The agreement generally does not consider enough the interests of other parties so that it is being questioned whether it still gives freedom to consumers. The absence of rules regarding Pre Project Selling in the applicable laws and regulations makes controlling consumer protection not optimal. The Government needs to make regulations on this matter. 

KEBIJAKAN POLITIK KERUKUNAN ANTARAGAMA DI INDONESIA ERA REFORMASI

2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin
Keyword(s):  
Transition Period ◽  
Religious Life ◽  
New Order ◽  
Reform Era ◽  
Policy Makers ◽  
Accommodation Space ◽  
Nation States ◽  
The Government ◽  
Definition Of ◽  
Cultural Reality

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

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