Access to constitutional complaint procedures: A real chance?

In a recent decision, the European Court of Human Rights concluded that the constitutional complaint before the Hungarian Constitutional Court can be seen as an effective domestic remedy. This decision shows the growing role of constitutional complaint procedures even in the international system of human rights protection; therefore, it is worth examining how national laws ensure efficient access to such procedures. The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – particularly constitutional complaints procedures – in Germany, Austria and Hungary. As a general staring point, it is intended to derive the need for legal aid from the national constitutions, followed by an analysis on the availability of legal aid schemes for constitutional complaint procedures and their conditions. The examination is based on the national legal provisions and case-law, as well as the relevant secondary literature. This comparative study can enable some conclusions to be drawn on the question of how constitutional complaints can become more efficient tools in the protection of fundamental rights for those in need, as well.

Welfare Sanctions and Deprivation in Germany: Do First Sanctions Lead to Higher Levels of Deprivation Among the Long-Term Unemployed and Recipients of Basic Income Support?

In Germany, as in many other European countries, vast changes in the welfare regime – towards workfare – have taken place. As a central activating element of workfare, sanctions were introduced to take effect by temporarily increasing deprivation through benefit cuts. This paper provides first quantitative insights on the effect of first sanctions on deprivation and contributes to the recent debate on the (un)constitutionality of sanctions, which re-emerged after a verdict of the Federal Constitutional Court, criticizing the lack of knowledge about the effects of sanctions on those affected. We implement a difference-in-differences propensity score matching approach that addresses selection on observables and individual time constant unobserved differences. High data accuracy is ensured by combining the “Panel Labour Market and Social Security” (PASS) with administrative data from the Federal Employment Agency. The results illustrate a slightly higher yet statistically insignificant level of deprivation for first-sanctioned unemployment/basic income recipients compared to non-sanctioned recipients. The results hint in the direction that higher levels of deprivation are not what activates the sanctioned beneficiaries to reintegrate into the labour market. We discuss whether the results imply a significant deviation from the socio-cultural subsistence minimum of sanctioned recipients and a failure of the welfare state.

Determination Authority of State Financial Loss in Criminal Acts of Corruption Post Constitutional Court Decision Number 25/Puu-Xiv/2016

The Constitutional Court (MK) issued Decision Number 25/PUU-XIV/2016 on January 25, 2017. This decision states clearly that the word "can" in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU Tipikor) is unconstitutional and lacks legal force. With the elimination of the word "can," a person can only be said to have violated Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law if the person's actions resulted in real state losses, or losses of the nature of actual loss, and not to accommodate state losses that are still potential, or potential losses.

Kewenangan Dewan Perwakilan Daerah Dalam Pengawasan Peraturan Daerah

Regional Representative Council (Dewan Perwakilan Daerah/DPD) is a constitution organ. This one of state institutions is established and empowered by the 1945 Constitution. The existence of the Regional Representative Council is regulated in the provision of Chapter VII Article 22 C and Article 22 D of the 1945 Constitution. The authorities and duties of the Regional Representative Council is regulated in No. 2/2018 of Law about the People’s Consultative Assembly (MPR), the House of Representative (DPR), the Regional Representative Council (DPD), and the Regional People’s Representative Council (DPRD). One of the Regional Representative Council’s authorities in the Law No. 2/2018 is able to monitor and evaluate the regional regulations plan and the regional regulations. However, since the verdict of Constitutional Court No. 137/PUU XIII/2015 and 56/PUU-XIV/2016 about revocation of the government authority (central) to nullify (executive review) the regional regulation, the authority of the Regional Representative Council in monitoring the regional regulations plan and the regional regulations is weakened and not clear. The nullification of the regional regulation(s) is owned by judicial institution only, such as the Supreme Court (MA). In fact, the Regional Representative Council should be as a representative council that can associate those two interests at once, the central government in top down way and regional interest in bottom up way. How does the Regional Representative Council align those two waves of interests at once through the regional regulation(s)? This research uses statute approach, by examining the related laws about law issues which is already analyzed and also uses conceptual approach, which starts from the point of views and developed doctrines in the legal studies. Based on the research results, it was known that the verdict of the Constitutional Court did not eliminate the control of the central government, in this case was the Regional Representative Council to the regional government, including the making of the regency/city regional regulations. But, this control was not in the shape of testing or nullifying the regional regulations. The Regional Representative Council in consort with the ministry, and governor as the representative of the central government should do some evaluation process on each regional regulations plan.

Legal features of the exercise of the powers of the Constitutional Court of the Russian Federation

The author studies the legal norms of the exercise of the powers of the Constitutional Court of the Russian Federation. The list of the main provisions of the Federal Law on the powers of judges and the court in connection with amendments to the Constitution of the Russian Federation is presented. The provisions of the new edition of the Federal Law on the Constitutional Court of the Russian Federation are considered. The legal analysis of the amendments made to the FKZ for legal evaluation from the theoretical and practical side is carried out.

Legitimacy of the Dissolution of Beliefs by Community Organizations

Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.

The role of legal responsibility in the implementation of the principle of the unity of public authority in Russia

The subject. The article presents a comprehensive general theoretical analysis of the institution of legal responsibility and its role, taking into account the consolidation of the new constitutional and legal principle of the unity of the system of public power.The purpose of the research is to confirm or disprove hypothesis that it is necessary to legislate a full-fledged mechanism of legal responsibility of state bodies and local self-government bodies in order to implement the constitutional principle of the unity of public power.Methodology. The formal legal method, the method of comparative legal analysis, dialectical method and systemic approach were used.The main results, scope of application. The authors found the manifestation of dualism in the work of the institution of legal responsibility. It consists in the ability to bear responsibility both to the state, in connection with various offenses, and to the population itself. A brief description of the loss of trust as a basis for the responsibility of officials is given, taking into account contemporary legislation. Directions for the further development of this legal institution are highlighted. The article examines the opinion of the Russian Constitutional Court on the legitimacy of using the loss of trust as a basis for the responsibility of public authorities. The article examines the normative legal acts, which fix the mechanism for the implementation of the principle of maintaining trust in the activities of the authorities on the part of society. For example, in relation to state civil and municipal employees, a prohibition has been established on statements about the activities of authorities and their assessment, if such actions are not included in the list of their official duties. Such a mechanism for maintaining public confidence in the work of government bodies should contribute to strengthening the unity of the public power system. At the same time we can talk about the existing trend towards a decrease in the level of public confidence in the work of authorized bodies exercising public authority. The corruption and bureaucratization of the activities of officials, the expansion of the powers of law enforcement agencies, a decrease in the independence of the political opposition are pointed to among the possible reasons most often. In this regard, the paper proposes expanding the grounds for responsibility when implementing the procedure for recalling an official.Conclusions. It is necessary to consolidate a full-fledged legislative mechanism of legal responsibility of state bodies and local self-government bodies, which will contribute to the implementation and strengthening of the new principle of the unity of public authority.

EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DAN BENTUK PERLINDUNGAN HUKUM TERHADAP DEBITUR

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.

PERAN NOTARIS DALAM PEMANFAATAN RUANG BAWAH TANAH UNTUK SARANA JARINGAN UTILITAS TERPADU DI DKI JAKARTA

Peningkatan bonus demografi di Indonesia menyebabkan jumlah permukaan lahan untuk dimanfaatkan ruangnya dalam menggerakan roda ekonomi semakin sempit. Provinsi Daerah Khusus Ibukota Jakarta yang menjadi pusat bisnis dalam menghadapi masalah keterbatasan lahan perlu memanfaatkan ruang bawah tanah yang ada. Keberadaan ruang bawah tanah pada praktiknya dimanfaatkan untuk sarana jaringan utilitas terpadu agar pemanfaatan lahan menjadi lebih optimal. Sebelum adanya Undang-Undang Nomor 11 Tahun 2020 pemanfaatan ruang bawah tanah tidak diatur secara komprehensif. Kemudian barulah Peraturan Pemerintah No. 18 tahun 2021 menegaskan secara yuridis bahwa terdapat pemisahan secara horizontal antara kepemilikan hak atas tanah di atas permukaan dengan di bawah tanah. Namun dalam penerapan peraturan-peraturan dimaksud masih perlu adanya sosialisasi terus menerus agar tercipta keteraturan pemahaman hukum. Lebih lanjut, dengan adanya Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 yang menyatakan UUCK inkonstitusional bersyarat diduga dapat memperlambat proses penerapan peraturan baru ini. Bahwa dalam hal ini diperlukan peranan notaris sebagai pejabat pembuat akta tanah yang akan bersinggungan dengan hal-hal dimaksud. Notaris perlu turut andil dalam peran edukasi terkait khususnya pelaksanaanya selama masa pandemi covid-19 saat ini. Penulis menemukan dalam pemanfaatan ruang bawah tanah menggunakan hak guna bangunan dimana untuk pembuatan aktanya dapat diproses oleh notaris.Keyword: Notaris, ruang bawah tanah, jaringan utilitasAbstractThe increase in the demographic bonus in Indonesia causes the amount of land to be used for economic development purposes has its own limitation. The Province of the Special Capital City Region of Jakarta, which is a business center that dealing with the problem of limited land, needs to take advantage of the existing underground space. The existence of underground space is usually utilized for integrated utility network facilities so that land use becomes more optimal. Prior to Law Number 11 of 2020 the use of underground spaces was not comprehensively regulated. Then the Government Regulation No. 18 of 2021 juridically confirms that there is a horizontal separation between ownership of land rights above the surface and below the ground. However, in the application of these regulations, there is still a need for continuous socialization in order to create a regular understanding of the law. Furthermore, with the Constitutional Court Decision Number 91/PUU-XVIII/2020 which states that the UUCK is conditionally unconstitutional, it is suspected that it can slow down the process of implementing this new regulation. That in this case the role of a notary as an official making land deeds is needed which will intersect with the underground utilization. Notaries need to take part in the role of related education, especially its implementation during the current covid-19 pandemic. The author finds that in the use of the basement using the right to use the building where the deed can be processed by a notary.