Nepal government is secure for now

Significance Assembly members are elected indirectly. Last July, Sher Bahadur Deuba was appointed prime minister in line with a Supreme Court order. Deuba’s multi-party coalition has a sizeable majority in the House of Representatives, parliament’s lower house, and a comfortable one in the National Assembly. Impacts If local elections take place in May as currently planned, they will serve as a barometer of public sentiment towards the leading parties. KP Sharma Oli, whom Deuba replaced as premier, will be eyeing a return to power. Politicking risks distracting the government from pursuing important policy goals.

Anak Angkat Sebagai Penghalang Penetapan Ahli Warits Perspektif Maqasid Syariah ( Analisis Terhadap Putusan Hakim Pengadilan Agama Pekanbaru Klas 1 No. 181/Pdt.P/2020/PA.Pbr )

Abstrak. Di Indonesia pengangkatan anak/adopsi diatur dalam Undang-undang Republik Indonesia Nomor 23 tahun 2020 perihal pengangkatan anak, di dalam pasal 39 poin 1 dijelaskan, dalam hal ini pengangkatan anak hanya dapat dilakukan berdasarkan kepentingan yang terbaik bagi anak dan dapat dilakukan dengan ketentuan adat setempat dan ketentuan peraturan yang berlaku. Hal ini agar pengangkatan anak tidak terjadi kesalah fahaman atau pertikaian di belakang hari, terlebih-lebih apabila orang tua angkatnya meninggal dunia lebih dulu. Sebagaimana dalam putusan hakim Pengadilan Agama Pekanbaru klas 1A Nomor. 181/Pdt.P/2020/PA.Pbr, tentang penetapan ahli warits. Majelis Hakim Pengadilan Agama Pekanbaru menolak penetapan ahli warits disebabkan adanya anak angkat, meskipun tidak ada bukti yang menunjukkan adanya penetapan pengadilan atau secara adat tentang pengangkatan anak tersebut. Berdasarkan uraian ini, maka penulis merasa perlu menganalisis dari asfek yuridis dan filososfis untuk menemukan jawaban mengapa permohonan penetapan ahli warits ini ditolak, dan apa dasar hukum hakim yang digunakan serta bagaimana putusan ini jika dianalisis dengan konsep maqasid syariah. Jenis penelitian dalam tulisan ini adalah penelitian pustaka (library reseach), yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder belaka dengan menggunakan pendekatan hukum normatif dan pilosofis. Adapun kesimpulannya, bahwa anak angkat sangat punya kepentingan terhadap harta tirkah dari alamarhumah, karena para pemohon tidak memasukkan anak angkat sebagai orang yang berhak sebagai pihak dalam perkara aquo, majelis hakim berpendapat permohonan para Pemohon kurang pihak. Maka pertimbangan majelis hakim dengan menggunakan kaedah “Menolak mafsadah didahulukan daripada mengambil kemaslahatan”. Apabila dianalisis perkara ini dengan pisau analisis maqasid syariah yang sesuai dengan prinsip maqasid syariah dan terhimpun dalam empat kulliyatul khams sekaligus, yakni memelihara agama (hifz ad-din), memelihara jiwa (hifz an-nafs), memelihar akal (hifz al-aql dan memelihara harta (hifz al-mal). Abstract. In Indonesia, adoption/adoption is regulated in the Law of the Republic of Indonesia Number 23 of 2020 regarding child adoption, in article 39 point 1 it is explained, in this case the adoption can only be carried out based on the best interests of the child and can be carried out with local customary provisions and applicable regulations. This is so that the adoption of a child does not cause misunderstandings or disputes later in life, especially if the adoptive parents die first. As in the decision of the Pekanbaru Religious Court class 1A No. 181/Pdt.P/2020/PA.Pbr, regarding the determination of heirs. The Pekanbaru Religious Court Panel of Judges rejected the determination of heirs due to the presence of an adopted child, although there is no evidence to show that there was a court order or custom regarding the adoption of the child. Based on this description, the author feels the need to analyze from the juridical and philosophical aspects to find answers to why the application for the determination of heirs was rejected, and what is the legal basis of the judge used and how this decision is analyzed with the concept of maqasid sharia. The type of research in this paper is library research, namely legal research carried out by examining library materials or secondary data using normative and philosophical legal approaches. As for the conclusion, that the adopted child is very interested in the tirkah property of the alamarhumah, because the petitioners do not include the adopted child as a person who has the right as a party in the aquo case, the panel of judges is of the opinion that the petition of the petitioners is lacking in parties. Then the consideration of the panel of judges using the method "Rejecting mafsadah takes precedence over taking benefit". When analyzed this case with a maqasid sharia analysis knife which is in accordance with the principles of maqasid sharia and is compiled in four kulliyatul khams at once, namely maintaining religion (hifz ad-din), preserving soul (hifz an-nafs), preserving reason (hifz al-aql and maintain property (hifz al-mal).

Protection from domestic violence in the Republic of Kosovo

The paper analyzes and elaborates the protection from domestic violence, the subjects protected by law, the protection measures provided by law such as: lawsuit, court order, shelter of the victim, issuance of protection order, investigation, identification and responsibilities of the police on the basis of the law on the protection of victims of domestic violence. The paper will also analyze the measures taken to prevent domestic violence, strategies and efforts. Mutual police communications with the public through press releases, leaflets, leaflets, targeting negative phenomena in society, transparency on all taboo topics in the public interest but understood on the basis of legal restrictions. The paper also included research by various authors from both national and international perspectives on domestic violence. The paper uses inductive and deductive research methods, as well as analytical and comparative methods. This paper contributes to the existing scientific literature, especially the legal, criminological and victimological literature. Furthermore, this paper is likely to contribute to the work of NGOs that deal with providing victims of domestic violence, but also to the work of state bodies for the prevention of domestic violence, which is and remains a national challenge.

RAZLOZI KOJI OPRAVDAVAJU OTKRIVANjE PROFESIONALNE TAJNE LEKARA

Medical practice and care has always included the duty of doctors to protect patients' confidiental information. However, this duty is not absolute. The subject of this paper is to identify the situations in which doctors are not bound by doctor - patient privilege, that is what are the exclusions in Serbian law that allow doctors to disclose patients’ confidential information. Considering current legal and ethical regulations related to this matter, the author analyzes each of the indetified reasons which justify disclosing doctor - patient confidential information. They are: the written consent of the patient or his legal representative; the need to protect a higher interest than the patient’s right to privacy and confidentiality of medical information; legal obligation to disclose certain information from the patient’s medical records; the court order. Assessing whether and to what extent the conditions have been met to apply each of these reasons for exclusion, the author of this paper findings that their introduction is justified and well balanced with the protection of other patient’s rights, the rights of third persons and the need to protect public health. In the concluding remarks, the author underlines that the method and extent of disclosing doctor - patient confidential information must be done for adequate purposes in order to protect patients’ confidential information in the best possible manner.

Exit of the Court Beyond the Stated Requirements when Considering Cases from Civil, Family and Labor Relations

The article considers the grounds for the court to go beyond the stated requirements when resolving cases from civil, family and labor relations. It is shown that going beyond the stated requirements is possible both in the civil and in the arbitration process. At the same time, non-fulfillment or improper fulfillment by the court of the obligation assigned to it to resolve certain issues may lead to a violation of the rights and interests of the parties to the dispute, to the annulment of the court order. The aim of the study was to develop recommendations for improving the practice of applying the provisions of the law on the court going beyond the stated requirements. The objectives of the study were to differentiate the grounds for the court to go beyond the stated requirements with related situations; classification of cases of non-application or improper application by the court of going beyond the stated requirements; identifying ways to eliminate the violations if the court goes beyond the stated requirements. The consideration of problems associated with going beyond the stated requirements is based on general scientific research methods (formal logic method) involving industry methods (comparative study methods of arbitration and civil processes, system analysis of positive legal material), which together ensured the reliability of the results of the work. In order to correctly use the mechanism by the court to go beyond the stated requirements, to prevent and eliminate violations of the rights and interests of the parties to the dispute in such situations, the authors proposed: 2. to differentiate between the court’s withdrawal beyond the stated requirements and the situation when the court changes the wording of the claimed claim in the operative part of the decision, brings it into line with the law, and also satisfies the interest of the defendant in the court when the plaintiff’s claim itself implied this; 3. the Supreme Court of the Russian Federation to clarify in the decisions of the Plenum, in reviews of judicial practice, cases of a court going beyond the stated requirements when considering civil, family and labor disputes, limiting the arbitrary discretion of lower courts; 4. the ways to eliminate violations of the rights and interests of the parties to the dispute when the court goes beyond the stated requirements are the adoption of an additional decision, appeal of the court decision, as well as an independent claim.

A v BBC (Scotland) [2014] UKSC 25, Supreme Court

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A v BBC (Scotland) [2014] UKSC 25, Supreme Court. This case concerned whether a court order granting anonymity to a convicted and deported foreign national sex offender could remain in place, notwithstanding objections from BBC (Scotland). In answering the question, the Court articulated what it referred to as the common law principle of open justice, which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.

Amending the Domestic Quarantine Records for Pale Cyst Nematode

The USDA is amending the domestic quarantine records for pale cyst nematode (Globodera pallida) by adding procedures that allow persons to review and comment on the protocols available online. It is taking these actions in response to a court order requiring the Animal and Plant Health Inspection Service to provide a means for public input on the protocols that are used to deregulate fields for pale cyst nematode and to make the protocols publicly available. The changes make the protocols accessible to all and give individuals the opportunity to comment on them. It became effective 28 January 2021. (For further information contact Ms Lynn EvansGoldner, National Policy Manager Office of the Deputy Administrator, PPQ, APHIS, 4700 River Road, Unit 137, Riverdale, MD, 20737; [email protected]) The pale cyst nematode (PCN, Globodera pallida) is a major pest of potato crops in cool-temperature areas throughout the world, causing significant yield losses if left uncontrolled. Other hosts of this destructive pest include tomatoes, eggplants, peppers, and some weeds. The spread of PCN in the United States could result in a significant loss of domestic and foreign markets for U.S. potatoes and other host commodities. Section 414 of the Plant Protection Act (PPA, 7 U.S.C.

"Close Connection" Category in International Civil Procedure and in Conflict of Laws

The use of "close connection" in conflict of laws area and in international civil procedure preconditions the question whether it is possible to interpret it uniformly both as a basis for establishing the jurisdiction to resolve cross-border private law dispute, and as a basis for choosing the applicable law.When studying close connection within the framework of conflict-of-laws regulation, the author of the paper, along with the concept of "close connection" examines the concepts of "connection with only one country" and "the closest connection". The paper also discusses the concept of Proper law which, as a rule, in the Russian doctrine is identified with the category of close connection.Analysis of the close connection as the basis for establishing jurisdiction has led to the conclusion that it is necessary to apply a differentiated approach to determining the content of close connection within the framework of Conflict of Laws and international civil procedure. This assumption is based on the fact that when establishing jurisdiction to consider cross-border private law disputes on the ground of a close connection, a special task is solved to overcome the conflict of jurisdiction while observing the principle of equality between judicial procedures of different states, as well as the principle of international judicial cooperation. In addition, within the framework of the international civil procedure, the concept of “foreign element” preconditioning the manifestation of a close connection of the disputed legal relationship with the court of the state, can be endowed with additional content except the content attached to the foreign element within the framework of the conflict of laws, namely: obtaining evidence abroad; enforcement of a court order abroad, etc.

PROBLEMS OF REGULATORY MECHANISMS FOR PAYMENT OF LOAN PAYMENTS IN UZBEKISTAN

Alimony is a high award awarded to women by a court order. Decisions on alimony should be made fairly. When making decisions by the court, we must not forget about the principles of justice, transparency and, most importantly, humanity. I think that the courts will have to be guided by the principles of human interests, the interests of the people. Child support must be paid for the child. Only the child should be eligible for alimony. For alimony, you will need to open a bank account forthe child