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.

Analisis Pasangan Calon Tunggal Dalam Pemilihan Kepala Daerah Kota Pematang Siantar Tahun 2020

The purpose of this study was to analyze a single candidate pair in the regional head election of Pematang Siantar City in 2020. The purpose of this study was to explain why there was a single candidate pair in Pematang Siantar City. The legality of the Constitutional Court Decision number 100/PUU-XII/2015 is a legal force to uphold the meaning of democracy in political contestation, in this case regional head elections. Besides that, the essence of democracy which promises freedom to be elected and to vote is an additional power to bring up a single candidate pair. The failure to regenerate political parties is another trigger for the emergence of a single candidate pair in the post-conflict local election. Not only in Pematang Siantar City but also throughout Indonesia. The method used in this research is descriptive qualitative with interview instruments involving political party administrators and political observers in Pematang Siantar City in addition to references to single candidate pairs. The weak cadre of political parties with the presence of wholesale parties makes incumbents not get support in Pematang Siantar City. The legal power of the Constitutional Court's decision and the meaning of democracy to be elected and voted made the single candidate pair in Pematang Siantar City win the post-conflict local election against an empty box.

Attempt of Lawsuit by The Debtor to Delay The Implementation of The Auction of The Object of Liability

The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.

IMPLEMENTASI HUKUM POSITIF TERHADAP PENETAPAN WASIAT WAJIBAH BERDASARKAN KEWENANGAN HAKIM PENGADILAN AGAMA

This study aims to provide guidance to religious court judges with their authority in deciding the heirs who are entitled to a mandatory will. So far, mandatory wills are only given to children and adoptive parents, but in its development, mandatory wills can be given to other parties other than adopted children and adoptive parents, including non-Muslim heirs. The method in this study is a normative juridical method. The results of the study explain that the mandatory will is regulated in the Compilation of Islamic Law where the rules are not clearly regulated by the KHI. To resolve the issue of mandatory wills, judges are authorized by law to resolve cases that enter the judiciary by making legal discoveries of cases that do not yet have permanent legal force, such as by carrying out historical understanding seen in a concrete case in which case the case already has regulations. legally binding, but the regulation must be interpreted in its implementation. Interpretation is tried by studying the origin of the formation of a legal decision, including the origin of its provisions or the origin of the formation of laws. Then it is done by means of a sociological understanding that prioritizes the interests of the purpose of a regulation through a concrete event in the related official regulations. In practice, judges can interpret unclear provisions based on community demands, as well as laws and regulations that are synchronized with social ties and situations that occur. In addition to the two methods used by judges to make legal findings to create laws that are not found in existing regulations, judges can do reasoning or argumentation. The argumentation procedure consists of argumentum per analogium, argumentum a contrario, and legal narrowing.

Philosophy of “Soft Law” as a Universal Regulator of International Relations Management

Soft law is a set of rules and guidelines, the legal force of which is at the “negotiation” stage. It has ap- peared in international law since the 1970s as one alternative to international treaties, used in cases where, for various reasons, the parties do not want or cannot commonly decide or to sign an international treaty. Agreements of this kind do not create legal obligations between the contracting parties (under the princi- ple, contracts must be respected) but only set political obligations, observing which is at the discretion of the parties. The primary purpose of the study is to analyze the philosophy of “soft law” in the context of international management of relations. The principal object of the research is the essence and significance of the philosophy of “soft law” as such. The major results of our research are to determine the essence and significance of the philosophy of “soft law” in the context of international relations.

Bad Customs, Civic Ordinances, and “Customary Time” in Medieval and Early Modern English Urban Law

This article examines 45 preambles in collections of urban customary law (called custumals) from 32 premodern towns in England between the twelfth and sixteenth centuries. Urban custom was the local law of English towns, and constituted traditions and privileges that gained legal force over time. How lawmakers conceived of “bad” custom—that is, the desuetude or corruption of custom—was crucial to the intellectual framework of urban law. Evidence from preambles shows that lawmakers rooted the legitimacy of their laws in “customary time,” which was the period from the supposed origins of their customs to their formalization in text. Lawmakers’ efforts to reinforce, ratify, and revise urban customs by making new custumals and passing ordinances were attempts to broaden their autonomy and respond to the possibility of “bad” custom.

THE SPECIFIC OF HIERARCHICAL COLLISIONS RESOLUTION IN RUSSIAN LAW

Статья посвящена рассмотрению особенностей и формулированию практических рекомендаций по разрешению иерархических юридических коллизий в российском праве. Автор статьи предлагает трактовать иерархическую (субординационную) юридическую коллизию расширительно: не только как противоречие между двумя или более нормативно-правовыми актами, но и как возможное противоречие между правовыми актами разных типов, включая правоприменительные (индивидуальные) и интерпретационные акты. Подчеркивается, что базовым правилом разрешения любой иерархической юридической коллизии должно быть правило юридической силы. В то же время в настоящий момент в российском праве нормы, определяющие данное понятие, а равно устанавливающие четкие механизмы преодоления юридических коллизий, включая иерархические, отсутствуют. Под юридической силой предлагается понимать особое свойство правовых актов, благодаря наличию которого данные акты формируют иерархию, и нижестоящие акты вышестоящим противоречить не могут. Выдвигается тезис о том, что не типичные иерархические коллизии в праве (коллизии между нормативно-правовым актом, с одной стороны, и правоприменительным или интерпретационным актом, с другой, а равно несколькими правоприменительными и (или) интерпретационными актами между собой) как разновидность иерархической юридической коллизии должны разрешаться с обязательным использованием правила юридической силы. То есть акты нормативного толкования и правоприменения должны быть приравнены по юридической силе к интерпретируемым и применяемым актам. Именно такой путь позволит избежать остановок в работе механизма реализации права, которых, как известно, современное правовое государство позволить себе не может. The article is devoted to the consideration of the features and the development of practical recommendations for resolving hierarchical legal collisions in Russian law. The author of the article proposes to interpret the hierarchical legal collision broadly, not only as a contradiction between regulatory legal acts, but also as a possible contradiction between legal acts of different types. It is emphasized that the basic rule for resolving any hierarchical legal collision should be the rule of legal force. However, at the moment in Russian law there are no norms defining this concept, as well as establishing clear mechanisms for overcoming legal conflicts, including hierarchical ones. It is proposed to understand legal force as a special property of legal acts, due to the presence of which these acts form a hierarchy, and lower-level acts cannot contradict higher-level ones. The thesis is put forward that non-typical hierarchical collisions in law should also be resolved with the obligatory use of the rule of legal force. This means that the acts of normative interpretation and law enforcement should be equated in legal force with the interpreted and applied acts. This is the way to avoid stoppages in the work of the mechanism for the implementation of the law, which, as you know, the modern constitutional state cannot afford.

The Theory and Practice of Precedent in International Adjudication: A View from Ukraine

This article argues that legal pragmatism and realism are the methodological basis for considering the law-making function of international courts. Classical scientific approaches, the representatives of which view courts only as applicators of the law, do not allow research into the nature and role of international adjudicative bodies. Since there are several positions on the nature, content, and legal force of the precedent decisions of international adjudicative bodies (the are both diametrically opposed and, to some extent, similar), the author takes a position that considers the characteristics of modern international relations. The author proposes to classify international judicial precedents by considering the construction of judicial institutions and the legal force of decisions because these criteria reflect the nature and significance of such decisions. The classification divides precedents into vertical and horizontal (persuasive). The author argues that vertical precedent set by a particular body of international justice can be absolute, i.e., a structurally lower judicial body can, under no circumstances and exceptions, make a decision without taking into account the legal conclusions made by the higher judicial body. Vertical international judicial precedent may also be relative, i.e., in certain circumstances, a higher judicial body may make a different decision in a similar case, which suggests no obligation to be bound by its own previous decisions. Analysis of the decisions of many international courts has led to the conclusion that international courts create judicial precedents of persuasive content. In particular, the author uses decisions of the European Court of Human Rights (ECtHR) that contain citations of the Court’s own legal positions and the International Court of Justice’s legal positions. It is proved that the so-called horizontal precedent is a persuasive precedent, the content of the legal provisions of which is based on the authority of the cited international court’s decisions. Thus, international judicial precedent not only exists but must be recognised legally because only the formal enshrinement of the legal force of such decisions will lead to the recognition of judicial precedent as a formal source of international law.

The meaning of respect under varying context conditions

The concept of respect figures prominently in several theories on intergroup relations. Previous studies suggested that the experience of being respected is primarily related to the feeling of being recognized as an equal, as opposed to social recognition of needs or achievements. Those studies focused, however, on either minority groups or ad hoc groups, thereby possibly giving equality recognition an advantage. This article extends previous findings by comparing societal groups situated in various contexts. We examined eight groups from four countries. We anticipated and found that the link between respect and equality recognition was stronger for groups that are in the position of minorities compared to groups associated with majorities. Owing to the moral and legal force of the norm of equality, disadvantaged minorities in particular might be able to improve their societal position by founding their claims on the equality principle. Need recognition, in contrast, was less influential for minority groups than for majority groups. While we observed these context-dependent variations, an internal meta-analysis showed that feeling recognized as an equal was, overall, the strongest indicator for feeling respected. This suggests that demands for respect could often be addressed by establishing relationships in society that are based on mutual recognition as equals, while the implications of achievement and need recognition should additionally be considered in specific contexts.

Due to the Law of Notary That Compare Criminal Law Acts That Have Permanent Law Power and Their Implication on the Notary Protocol

Notaries as one of the legal professions are not immune from mistakes that will eventually lead to a notary profession in violating the UUJN-P and the Code of Ethics and some even have the potential for punishment. Given that the role and authority of a Notary is very important in social life, the behavior and actions of a Notary in carrying out the function of authority are vulnerable to abuse that can cause harm to the community. Notaries who act outside the authority that has been determined by law can be categorized as unlawful acts. As has been tried in the Class IA Padang District Court with Decision Number 27/Pid.Sus/TPK/2016/PN-Pdg. In this case, the Notary was accused of corruption in land acquisition for Campus III of the State Islamic Institute (IAIN) Imam Bonjol Padang (now UIN Imam Bonjol). The formulation of the problem in this study are: a). What are the legal consequences for a Notary who commits a criminal act that has permanent legal force? b). What are the implications of the Notary's dismissal on the Notary Protocol? The approach used in this research is empirical juridical. This study uses primary and secondary data. Data were analyzed qualitatively. The results of the study show that: 1) The Notary was dishonorably dismissed by the Minister because it was proven legally that he had committed a criminal act of corruption which had permanent legal force, but the implementation process took a long time because it was waiting for the Minister's decision on the dismissal of the Notary. 2). With the dismissal of a Notary who commits a criminal act that has permanent legal force, the Notary Protocol must be handed over to the Notary receiving the Protocol appointed by the Minister.