scholarly journals المسؤولية القانونية للعمل الصحفي في السودان وفقاً لقانوني الصحافة والمطبوعات والعقوبات

2021 ◽  
Vol 11 (2) ◽  
pp. 130-182
Author(s):  
د. ياسين آدم بساطي مصري
Keyword(s):  
National Security ◽  
Legal Responsibility ◽  
Legal Action ◽  
Criminal Offense ◽  
Civil Responsibility ◽  
The Law ◽  
Historical Methods ◽  
Legal Consequences

This study sheds light on the legal responsibility for journalistic work in Sudan in the context of a number of regulations governing journalistic and media activity in Sudan. The study aims to identify the legal consequences of violating the rules and regulations imposed on journalistic activity in this country, with emphasis on the most notable articles of the law to which journalists could be subjected in cases of violation. The study adopts the descriptive, Analytical and historical methods. At the end, the study has reached a number of conclusions as follows , consequences of violating the regulations organizing journalistic work in Sudan involve legal action , criminal or civil responsibility; Sudanese journalist is subject to a range of regulations on top of the specifically publications regulations including 1991penal code and national security law; Sudanese journalistic institutions should conform with administrative andobligationsimposed by 2009 regulations pertaining to press and publication; large number of people involved in the journalistic domain make it difficult to assign clear responsibility to any of partners in a journalistic criminal offense.

PERLINDUNGAN HUKUM BAGI PARA PIHAK YANG TERLIBAT DALAM PERJANJIAN PADA PLATFORM LOAN-BASED CROWDFUNDING

2019 ◽  
Vol 7 (2) ◽  
pp. 181
Author(s):  
Chartilia Gendis Napinillit M. ◽  
Anjar Sri Ciptorukmi
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Legal Rights ◽  
Legal Action ◽  
Legal Certainty ◽  
Important Thing ◽  
Legal Relationship ◽  
The Law ◽  
Legal Consequences ◽  
Laws And Regulations

<p>This article aims to analyze and know the law protection provided to parties involved in the agreement through the loan-based crowdfunding platform. The legal protection granted to the parties is contained within the agreement itself, namely within the clause of the clause agreed upon by the parties, and there is also an out of the agreement, that is, in the provisions of current laws and regulations. Law protection is an important thing to guarantee the fulfillment of the legal rights of a person. In addition to these objectives, law protection is provided to bring about legal certainty, legal benefit, and justice for the parties. Law protection can be preventive (prevent) or repressive (fix). The agreed agreement on the loan-based crowdfunding platform creates a legal relationship between the two parties of the manufacturer.  Legal Relationship is a relationship that gives rise to the consequences of a law guaranteed by law or law. Any legal action that raises legal consequences on a loan-based crowdfunding platform should have legal protection, especially when there is a dispute between the<br />parties. Peaceful forums or through deliberations can not be guaranteed to resolve existing disputes, therefore legal protection is required to provide a solution and clarity of existing dispute settlement or potentially occurring after the agreement is agreed.</p><p>Keywords: Law Protection, Agreement, Loan-based crowdfunding, .</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian melaui platform loan-based crowdfunding. Perlindungan hukum yang diberikan bagi para pihak terdapat didalam perjanjian itu sendiri, yaitu didalam klausula klausula yang telah disepakati para pihak, dan terdapat juga diluar perjanjian, yaitu didalam ketentuan peraturan perundang-undangan yang berlaku saat ini. Perlindungan hukum merupakan suatu hal yang penting untuk menjamin terpenuhinya hak hak hukum dari seseorang. Selain tujuan tersebut, perlindungan hukum yang diberikan guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) atau represif (memperbaiki).  Perjanjian yang disepakati pada platform loan-based crowdfunding menimbulkan suatu hubungan Hukum antara dua pihak pembuatnya. Hubungan Hukum yaitu hubungan yang menimbulkan akibat Hukum yang dijamin oleh Hukum atau Undang-Undang. Setiap perbuatan hukum yang memunculkan akibat hukum pada platform loan-based crowdfunding harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa antar pihak. Forum damai atau melalui cara musyawarah belum dapat menjadi jaminan akan terselesaikannya sengketa yang ada, maka dari itu perlindungan hukum diperlukan untuk  memberi solusi dan kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati.</p><p>Kata Kunci: Perlindungan Hukum, Perjanjian, Loan based crowdfunding.</p>

scholarly journals Law for ethnographers

2017 ◽  
Vol 10 (1) ◽  
pp. 205979911772060 ◽  
Author(s):  
Tracey Elliott ◽  
Jennifer Fleetwood
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Research Data ◽  
Legal Responsibility ◽  
Ethnographic Research ◽  
Legal Action ◽  
Illegal Activity ◽  
The Future ◽  
History Of ◽  
The Law

Despite a long history of ethnographic research on crime, ethnographers have shied away from examining the law as it relates to being present at, witnessing and recording illegal activity. However, knowledge of the law is an essential tool for researchers and the future of ethnographic research on crime. This article reviews the main relevant legal statutes in England and Wales and considers their relevance for contemporary ethnographic research. We report that researchers have no legal responsibility to report criminal activity (with some exceptions). The circumstances under which legal action could be taken to seize research data are specific and limited, and respondent’s privacy is subject to considerable legal protection. Our review gives considerable reason to be optimistic about the future of ethnographic research.

scholarly journals The legal borders of the responsibility in private law

2020 ◽  
pp. 273-277
Author(s):  
Nataliya Dubytska
Keyword(s):  
Legal Liability ◽  
Legal Responsibility ◽  
New Combination ◽  
Private Law ◽  
Court Order ◽  
Law System ◽  
Civil Responsibility ◽  
The Law ◽  
Contract Liability ◽  
The Given

The given article is dedicated to the research of the conception and principles of civil responsibility and to the analysis of thedynamics and legal relationship’s matter of civil responsibility, it is determined the functions and regulations of civil responsibility andit is considered several questions about conditions and effectiveness of civil responsibility in the dissertation.The need of new meaning of the legal responsibility is attempt to set in the present article. In article the author’s position on thequestion of the reinterpretation legal liability is proposed, problems of a civil liability in the system of the legal responsibility are investigated,works of the Ukrainian and foreign scientists are analyzed and changes in the legislation of Ukraine are offered.The author of this article propose personal way of resolving the underlined problems. The deep analysez of the researchers ofUkrainian and foreign scholars are proposed.One only priority arising from this research is need for greater familiarity with the substance and the meaning of long establishedhuman rights terminology in the languages through which this discussion is really proposed.A new combination of substantive human rights information, drawn from a variety of sources and also professional terminologyis clear. Meets a critical need in Ukrainian legal cooperation, the main vision in this research is definitely argued with the conditionsregards the main learning about legal liability. Written in a clear form, this publications combines factual information, according to thenowadays legislation, with a variety points of view of majority scholars. The main purpose of this article is emphasized mainly throughthe legal “bridge» of diversity by top meaning. However, the author’s point regards the borders of liability in private law is well-doneindeed.Notwithstanding its somewhat misleading name, it is clear that equitable form of liability can function, in some cases at least asa cause of action. The legal responsibility arising where a defendant breaches a contract or commits a delict may be seen as a ordinary(not twice) liability, as it depends on a delict by the defendant of a primary duty, imposed by the law of contract actually. The concept of an equity by contract liability may appear to be somewhat fabulous. It is often said for example, that, even after the facts giving riseto the enable rights have occurred, but before any court order in his or her favour, a claimant has only an “inchoate equity», rather thanany more specific right against the defendant. The conceptual doctrine fits well, on the other hand, with the idea of a primary liabilityaltogether is presented by authorThe legal borders of the private responsibility: The article is devoted to the multidisciplinary research about the borders of theprivate responsibility in the law system. The author vision in the research is emphasized mainly on the problem of determination.

scholarly journals Uwagi na temat charakteru prawnego dyrektywy wymiaru kary za ciąg przestępstw. Część II

2018 ◽  
Vol 46 ◽  
pp. 13-28
Author(s):  
Rajnhardt Kokot
Keyword(s):  
Criminal Responsibility ◽  
Rational Solution ◽  
Penal Code ◽  
Legal Responsibility ◽  
Legal Nature ◽  
The Law ◽  
Legal Character ◽  
Legal Consequences

The remarks on the legal character of the directive of the punishment for the series of crimes The article considers the problem of punishment for the series of crimes. It raises the legal character of the rule of tightening the criminal responsibility as a consequence of committing crimes remaining in a confl uence of events connected with the buckle of continuity. The main doubt accompanying such evaluation is connected with the answer to the question if the legal eff ects within the scope of punishment resulting from the art. 91 § 1 of the Penal Code express ordinary or extraordinary punishment. The dispute about the legal nature of the consequences resulting from that regulation has not only the theoretical-legal dimension. Accepting one of those options causes far-reaching legal consequences within the sphere of the law practice application. It decides about the scope of the legal responsibility and determines the relations with other statutory premises that modify its limits. In this context there are also the remarks considering the conditions of accepting the set of principles, resulting from art. 57 of the Penal Code, reforming those limits with the rule of punishment for the series of crimes. The analysis takes up the problem of the punishment for the continuous act defi ned in art. 12 of the Penal Code. We have to take into consideration that this institution derives from the same as the series of crimes structure of the continuous act of crime that was in the Penal Code from 1969, which is the basis of the extraordinary tightening the punishment. Thus there comes the question — whether resigning from modifying the principles of legal responsibility for the continuous act of crime can lead to impression of the dissymmetry of penalty of both structures, and is that the reasonable and rational solution.

scholarly journals The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 307
Author(s):  
Ida - Nursanti
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Land Rights ◽  
Legal Action ◽  
Legal Situation ◽  
Legal Position ◽  
Legal Consequence ◽  
The Law ◽  
The Right ◽  
Legal Consequences

This study aims to determine and analyze the legal position of Roya's Consent Deed on the loss of a Certificate of Mortgage; Notary authority in drawing Roya Consent Deed against the loss of a Certificate of Mortgage; as well as legal consequences arising from the loss of a Certificate of Mortgage? The research method used is sociological juridical research methods. Based on the research, it is concluded that the Roya Consent deed is a statement from the debtor in a notarized manner, which says that the debtor has been paid off of his debt and the creditor agrees to write off the certificate of land rights encumbered by the Mortgage to be a certificate which is clean from any kind of engagement. Roya's Consent Deed has no executorial power as does the Certificate of Mortgage; The notary's authority in making Roya's Consent Deed is based on the debtor's statement before the Notary so that the statement or act is contested by the Notary in an authentic deed. This is in accordance with the Law on Notary Position; the legal consequence of the Loss of Security Certificate for the debtor is unable to take legal action against his / her land rights, namely not being able to merit, or not being able to guarantee the right to his land or transferred to another party.

scholarly journals Usia Anak dan Remaja Dalam Perbuatan Perdata dan Pidana Menurut Hukum Islam dan Hukum Positif

2018 ◽  
Vol 17 (2) ◽  
pp. 203
Author(s):  
Nurwahidah Nurwahidah
Keyword(s):  
Islamic Law ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Positive Law ◽  
The Law ◽  
Legal Consequences

Abstract: This paper describes the actions of civil and criminal committed by children or adolescents under the age of 18 years. The issues discussed are how the theories of Islamic Law and Positive Law about the punishment imposed on children or adolescents who commit a civil or criminal act containing legal consequences, and how the views of Islamic Law and Positive Law against some civil and criminal cases involving children or adolescents as the culprit. Based on the results of the study can be concluded, when children or adolescents do civil acts, especially underage marriages in two cases studied, then according to Islamic law the law is valid if it meets harmonious and conditions and age men or women have baligh. But according to the Positive Law the marriage is unlawful if the age of one or both partners is under 16 years for women and 19 years for men. When a child or teenager commits a criminal offense, in four cases examined, according to Islamic Law may be subject to the punishment of ta'zir, and according to the Positive Law shall be punished with minus one third of the principal verdict or returned to the parent or fostered in a government-private.Keywords: child, civil, criminal            Abstrak: Tulisan ini memaparkan tentang perbuatan perdata dan pidana yang dilakukan oleh anak atau remaja yang berusia di bawah 18 tahun. Permasalahan yang dibahas adalah bagaimana teori Hukum Islam dan Hukum Positif tentang hukuman yang dijatuhkan kepada anak atau remaja yang melakukan sesuatu perbuatan perdata atau pidana yang mengandung konsekuensi hukum, dan bagaimana pandangan Hukum Islam dan Hukum Positif terhadap beberapa kasus perdata dan pidana yang melibatkan anak atau remaja sebagai pelakunya. Berdasarkan hasil kajian dapat disimpulkan, ketika anak atau remaja melakukan perbuatan perdata, khususnya perkawinan di bawah umur pada dua kasus yang dikaji, maka menurut Hukum Islam hukumnya sah jika sudah memenuhi rukun dan syaratnya dan usia pria atau wanitanya sudah baligh. Namun menurut Hukum Positif perkawinan tersebut melanggar hukum jika usia salah satu atau kedua pasangan di bawah 16 tahun bagi wanita dan 19 tahun bagi pria. Ketika anak atau remaja melakukan perbuatan pidana, dalam empat kasus yang dikaji, maka menurut Hukum Islam dapat dikenakan hukuman ta’zir, dan menurut Hukum Positif dikenakan hukuman dengan dikurangi sepertiga dari vonis pokoknya atau dikembalikan kepada orang tua atau dibina di suatu lembaga milik pemerintah atau swasta.Kata kunci: anak, perdata, pidana 

scholarly journals Ratio Decidendi Putusan Mahkamah Agung Nomor 2290K/PDT/2012 Tentang Pinjam Meminjam Uang Dengan Surat Pengakuan Utang dan Kuasa Menjual

2020 ◽  
Vol 5 (2) ◽  
pp. 348
Author(s):  
Ahmad Syauqi ◽  
Muhammad Bakri ◽  
Iwan Permadi
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Action ◽  
Interpretive Analysis ◽  
The Supreme Court ◽  
Ratio Decidendi ◽  
Legal Consequence ◽  
The Law ◽  
Legal Consequences

Tthis study aimed to analyze the validity of debt recognition letters and selling authorities (evidence P-2 and evidence P-3), the basis for judges’ considerations, and the legal consequences of the Supreme Court Decision Number 2290 K/Pdt/ 2012 for debtors and creditors. The method used in this study was normative juridical research with a statutory approach and a case approach. The results of the systematic interpretive analysis showed that the debt recognition letter (evidence P-2) and selling authorities (evidence P-3) in the Supreme Court Decision Number 2290 K/Pdt/ 2012 could be declared invalid. Juridically, the judges’ considerations were considered insufficient in examining the truth of the events in the Supreme Court Decision Number 2290 K/Pdt/2012. The legal consequences that occurred after the verdict, the creditor could have collateral for the land-based on an invalid debt acknowledgment but legalized by the panel of judges in the decision. The legal consequence for the debtor, the legal action to defend the land that was carried out by him was considered an act against the law

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

PERLINDUNGAN HUKUM WAJIB PAJAK TERHADAP SURAT KEPUTUSAN KEBERATAN DALAM SENGKETA PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 153-165
Author(s):  
Nadia Permata Ekasari Bisinglasi
Keyword(s):  
Final Decision ◽  
Legal Action ◽  
The Law ◽  
Tax Court

The effect of the law on the appeal by the taxpayer is by the issuance of the Decree of Objection, if in the Decree of Objection the taxpayer also still feel not satisfied then based on Laws of General Provisions of Taxation or UU KUP, the taxpayer is entitled to file the appeal back to the Tax Court. The legal effort of the taxpayer to seek justice becomes disconnected with the provisions of Article 33 paragraph (1) and Article 77 paragraph (1) of Law no. 14 year 2002 stating that the decision of the Tax Court is the final decision in examining and resolving tax disputes, so that no appeal or cassation can be appealed. This resulted in reduced taxpayers' right to seek justice. Allowable legal action is to conduct a Review, and this effort is extraordinary

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

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