scholarly journals Form of Contractual Agreement / Forma obligacionih ugovora

2014 ◽  
Vol 4 (4) ◽  
pp. 199 ◽  
Author(s):  
Jovana Pušac
Keyword(s):  
Legal System ◽  
Contract Law ◽  
Public Authority ◽  
Legal Systems ◽  
Legal Certainty ◽  
Public Interests ◽  
The Public ◽  
The Republic ◽  
Contractual Agreement ◽  
Paper Author

In this paper author analyzes the normative complex of one of the most important institutes of contract law - form. That complex receives the fullness of importance primarily in the field of formal agreements. Namely, although the contemporary tendency in contract law that the form does not appear as a means of obstructing, mystification and complicating legal relations through the principle of summum ius summa iniuria, though more than ever, it can be talked about a kind of „renaissance“ of formalism. This particularly applies to those legal systems, including and the Republic of Srpska, where valid the exclusive form of public document for certain contracts (notarized documents). In them is superfluous discussion about possible convalidation of contracts through criteria of form`s purpose, since the goal of these forms is protection of public interests. In the legal system of the Republic of Serbia, the situation is, in this regard, quite different, bearing in mind the principle of competition form, since the requirement to respect the public notary forms, as the highest pillars of legal certainty, placed alternatively in line with the form made by court or other public authority.

scholarly journals PERSPEKTIF HUKUM PERKAWINAN ANTAR AGAMA YANG BERKEADILAN DIKAITKAN DENGAN POLITIK HUKUM PERKAWINAN INDONESIA DALAM RANGKA PEMBANGUNAN HUKUM KELUARGA NASIONAL

2018 ◽  
Author(s):  
Tengku Erwinsyahbana
Keyword(s):  
Legal System ◽  
System Development ◽  
Legal Aspect ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Public ◽  
Legal Development ◽  
Political Perspective ◽  
Legal Uncertainty ◽  
The Republic

It is likely that interreligion marriage often takes place due to plurality adhered by the Indonesian people. Many couples have not had their interreligion marriage registered due to refusal by the Civil Registry Office to register their marriage on grounds that the interreligion marriage is not permitted in religious teachings, and further, it is not regulated in Law No. 1 of 1974. This fact obviously raised the feeling of injustice and legal uncertainty in the interreligion marriage so that it is interesting to investigate the aims of which were: to discover the law on interreligion marriage in the politics on marriage law based on Five Basics Principles of the Republic of Indonesia (Pancasila) when associated with function of the marriage registry institution, to discover the legal certainty of the interreligion marriage conducted overseas when associated with function of the marriage registry under the Indonesian legal system, as well as the interreligion marriage law in the political perspective on equitable marriage law based on Pancasila as an effort for legal system development of national family. To analyze the research findings, the following theories are adopted, which are, the Pancasila based legal state, Pancasilabased justice as well as legal development and legal certainty theories.The research was a legal research natured by adopting approaches on legal history and comparative as well as laws and regulations. The research was descriptive nature and in view of the costruction, it was a prescriptive research.The main data required for the research consisted secondary and primary data.Data collection that have been adopted was document study and interview methods the analysis of the data collecting was conducted on a qualitative juridical method focusing on the analysis on the legal certainty and legal aspect which live and grow among the public, as well as legal synchronization.The research indicated that the interreligionmarriage in Indonesia has taken place due to a legal uncertainty in the context of Law No. 1 of 1974 which did not regulate whether or not the interreligion marriage practice was permitted. On the contrary, however, the relevant law has opened the possibility of such marriage to took place. It was also possible that the uncertainty on the interreligion marriage was due to the provisions regarding marriage as set forth in Law No. 1 of 1974 and Law No. 23 of 2006 which conflict with each other. The state should therefore guarantee that the public legal certainty is to be realized as one characteristic indicated in a Pancasila based legal state is the existence of legal certainty. Viewed from the theories on Pancasila based justice as well as legal development and legal certainty approache. Thus, to realize public orderliness and harmony, it shall be necessary to only register the marriage at one institution. This has to be conducted as an effort to keep orderliness of population administration and legal certainty when it comes to interreligion marriage.

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals ANALISIS PRINSIP KEADILAN TENTANG SYARAT MENJADI ANGGOTA LEGISLATIF BAGI KEPALA DESA BERDASARKAN UNDANG – UNDANG NOMOR 7 TAHUN 2017 DAN PERATURAN KOMISI PEMILIHAN UMUM NOMOR 20 TAHUN 2018

2021 ◽  
Vol 9 (1) ◽  
pp. 67
Author(s):  
Muhammad Sayuni ◽  
Elidar Sari ◽  
Teuku Nazaruddin
Keyword(s):  
General Election ◽  
Legal Certainty ◽  
Election Law ◽  
The Public ◽  
Principle Of Justice ◽  
Commission Regulation ◽  
Principles Of Justice ◽  
The Republic ◽  
The Village ◽  
Election Commission

General Election is a means of implementing people's sovereignty which is carried out directly, freely, secretly, honestly and fairly based on the Pancasila and the 1945 Constitution of the Republic of Indonesia. Implementation of Elections is the implementation of the stages of elections which are carried out freely, fairly, and honestly.   The purpose of this study is to analyze the principle of justice in the requirements to become a legislative member for the Village Head based on Law Number 7 of 2017 and Election Commission Regulation Number 20 of 2018. The results of the study showed that the first election held in 2019 did not implement the principles of justice in terms of the legislative candidate for the Village Head. The public can provide legal certainty for the implementation of the 2019 Election law. It is recommended to the General Election Commission to revise the Election Commission Regulation regarding the nomination of members of the DPR, Provincial DPRD, and Regency / City DPRD specifically in the requirements for candidates for the Village Head in Article 8 paragraph 1 letter b number 6 point b, to guarantee the rights of citizens and fulfill the principles of justice.

scholarly journals أركان العقد الإداري وشروط صحته دراسة مقارنة

Twejer ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 707-738
Author(s):  
Mohammed Waheed Dahham ◽  
Keyword(s):  
Legal System ◽  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Public Authority ◽  
Public Facility ◽  
Administrative Contract ◽  
The Public ◽  
Decision Elements ◽  
Laws And Regulations

The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract

scholarly journals LEGAL BASES OF MODERNIZATION IN STATE ADMINISTRATION THE REPUBLIC OF AZERBAIJAN

2021 ◽  
pp. 46-52
Author(s):  
Vasif ISMAYILOV ◽  
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Administration System ◽  
Step Process ◽  
The Public ◽  
Head Of State ◽  
State Administration ◽  
Legal Foundations ◽  
The Republic

The article analyzes the legal foundations of modernization in public administration. The issues of modernization of the legal system in the state administration of the Republic of Azerbaijan are widely covered. The author outlines the objective and subjective factors that create conditions for reforms in the public administration system. Special attention is paid to cardinal reforms in the field of modernization of the legal system of modern Azerbaijan, studying the role of the head of state as the initiator of the reforms in the public administration system. The article describes in detail the step-by-step process of building a legal system and outlines it political significance.

scholarly journals Sources of Property Formation of a Public Law Company

2020 ◽  
Vol 1 (12) ◽  
pp. 81-91
Author(s):  
Yu. A. Zaitseva
Keyword(s):  
Public Law ◽  
The State ◽  
Public Authority ◽  
Public Interests ◽  
Non Profit ◽  
The Public ◽  
For Profit ◽  
Not For Profit ◽  
Independent Form ◽  
Public Nature

As part of the civil legislation reform, a public not-for-profit company is recognized as an independent form of non-profit organizations. Its intermediate position between a legal entity as a subject of private law and a public authority shows the existence of features in the methods of its property formation. In the article the author has analyzed the sources of formation of the property of the public not-for-profit company, investigated doctrinal approaches to understanding the essence of the sources of formation of the property of the organization under consideration. The peculiarities of property formation of public law companies operating in Russia have also been determined. According to the results of the analysis, the author has drawn the conclusion about a predominantly public nature of the property component of public not-for-profit companies, the main source of formation of which is the state property or funds received under statutory provisions. The author makes the interest of the founder in the property component of a public not-for-profit company conditional upon implementation of the state and public interests and public law functions imposed on it. On the basis of the study, the author has determined a conflict in the legislation regulating the investment of temporarily free funds of a public not-for-profit company as a revenue-producing activity and has made proposals to resolve it.

Constitutional Foundations and the Design of the Austrian Liability of Public Bodies Act

2020 ◽  
pp. 39-41
Author(s):  
Stefan Storr ◽  
Kathrin Bayer ◽  
Daniela Bereiter ◽  
Luca Mischensky
Keyword(s):  
Nineteenth Century ◽  
Rule Of Law ◽  
General Principle ◽  
Public Authority ◽  
Legal Systems ◽  
Public Authorities ◽  
The Public ◽  
Injured Party ◽  
Public Bodies

Similarly to other legal systems of continental Europe, the Austrian system has what may be regarded as a general principle of damages liability, although it does not have a wholly separate body of law dealing with damages actions against public authorities. But administrative liability arises if a fault exists and is proven. Moreover, the injured party is required to bring an appeal to the public authority that is potentially liable in tort. The ordinary courts have the competence to inquiry as to whether a rule of law has been infringed and liability has arisen. Included within these rules there are the procedural requirements set out by Austrian courts since the end of the nineteenth century and later codified by legislation, as well as the constraints that emerged more recently.

scholarly journals Penguatan Dewan Etik dalam Menjaga Keluhuran Martabat Hakim Konstitusi

2016 ◽  
Vol 13 (4) ◽  
pp. 720
Author(s):  
Wiryanto Wiryanto
Keyword(s):  
Legal System ◽  
Code Of Ethics ◽  
Constitutional Court ◽  
Legal Certainty ◽  
The Public ◽  
Supervisory System ◽  
Ethical Violations ◽  
Law And Justice ◽  
Sense Of Justice

The Birth of the Board of Ethics of the Constitutional Judges cannot be separated from the effort to uphold a code of ethics and maintain of the dignity of the constitutional judges. Abuse of authority in the judiciary has led to the destruction of the legal system and the non-fulfillment of a sense of justice. Judicial mafias has destroyed the foundation of the authority of the judiciary and undermine the honor and dignity of judges, therefore it is necessary to take concrete measures to restore the authority of the judiciary and maintaining the honor of judges as the main pillars of the judiciary in enforcing law and justice. One concrete step is the need for strengthening the supervisory system of ethics against constitutional judges, the results of which will provide input to the Constitutional Court, whether the monitoring system of ethics against constitutional judges applied so far has been able to maintain the honor, dignity, and constitutional justices, and whether the system has provided legal certainty in its enforcement against violations of the Code of Ethics and Conduct of Constitutional Judges. Strengthening the role of the board of ethics of constitutional judges as guardians of constitutional judges dignity can be constantly improved by opening access to complaints from the public against allegations of ethical violations committed by constitutional judges.

scholarly journals TINJAUAN YURIDIS ATAS GUGURNYA HAK UNTUK MENUNTUT PIDANA MENURUT UNDANG-UNDANG HUKUM

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 86
Author(s):  
Nur Cahya Dian Sahputra Dan Syamsul Bahri
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Legal Certainty ◽  
The Public ◽  
Detention Centers ◽  
Ne Bis In Idem ◽  
Law Faculty ◽  
The Republic ◽  
The Right ◽  
The University

In order to complete studies at the University of Law Faculty of August 17, 1945 Samarinda, one of the tasks that must be completed is scientific writing, this imiah writing is entitled: "Juridical Review of the Fall of the Right to Prosecute under the Criminal Law Act". This scientific research method uses normative juridies.The violation of the right to sue is regulated in Chapter VII of the Criminal Code, while the violation of the right to sue is regulated in the Criminal Code, namely:The principle of "Ne bis in idem" (Article 76 of the Criminal Code).Death of the perpetrator (Article 77 of the Criminal Code).Expiry (Article 78 of the Criminal Code).Settlement of cases outside court trials (Article 82 of the Criminal Code).Amnesty and Abolition from the President (Article 14 of the 1945 Constitution).There are no complaints on complaints offenses.This provision contained in the Criminal Code is to provide legal certainty for the community specifically the perpetrators of criminal acts. Provisions for the cancellation of the right to sue are the duties and functions of the Attorney General's Office of the Republic of Indonesia based on Law 16 of 2004.The fall of the right to sue is caused by: 1) natural causes, 2) causes of human actions, and 3) legal causes It is hoped that the rules on the cancellation of the right to sue can be further emphasized in the new draft Law on Criminal Law (RKUHP) to provide legal certainty to the public. Likewise, cases of minor criminal acts (tipiring) should be resolved outside the court to avoid the accumulation of cases in court and the excess capacity of State Detention Centers or Penitentiaries.

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