Review Strategis Upaya Pengamanan Laut Nasional Menuju Keamanan Maritim dan Pengelolaan Ruang Laut Indonesia

The Republic of Indonesia as a world maritime country and an archipelagic country which has 17,504 islands whose territorial area is dominated by the ocean. As a maritime country, Indonesia has 4 (four) points that become international chokepoints, namely the Malacca Strait, Sunda Strait, Lombok Strait and the Ombai-Wetar Strait. Indonesia has established three Indonesian Archipelagic Sea Lanes (ALKI) for the peaceful passage of international shipping, which are guaranteed by international and national law. The Indonesian Maritime Security Agency is a Non-Ministerial State Institution whose position is under and directly responsible to the President and has the authority to enforce the law at sea and is justified by law, so that with the issuance of Law Number 32 of 2014 concerning Marine Affairs and Presidential Regulation Number 178 of 2014 concerning the Indonesian Maritime Security Agency, it can be interpreted that there is legal legitimacy for the Indonesian Maritime Security Agency in carrying out its duties, functions and authorities to carry out law enforcement against special crimes at sea. This study aims to explore Indonesia's strategic role in law enforcement at sea towards national maritime security and resilience. The method used is a literature study approach and the data analysis technique used is a qualitative data approach by conducting secondary data analysis to explain the findings obtained. This research produces findings in the form of an analysis of Indonesia's strategic role in law enforcement at sea towards maritime resilience and security both nationally and regionally.

The concept and essence of the principle of inadmissibility of abuse of procedural rights in administrative judiciary

The article is devoted to the definition of the peculiarities of observance in administrative proceedings of the principle of inadmissibility of abuse of procedural rights. The concept and essence of abuse of procedural rights in administrative proceedings are clarified, the meaning of the principle of inadmissibility of abuse of procedural rights is established. The legal basis of the principle of inadmissibility of abuse of procedural rights in administrative proceedings is investigated. Based on the analysis of the case law of the Supreme Court, the European Court of Human Rights established the content of the principle of inadmissibility of abuse of procedural rights. The opinion that the abuse of procedural rights is opposed to the conscientious abuse of procedural rights by the parties is substantiated. The author argues that the abuse of procedural rights may be recognized as actions or omissions of a party to the case, which are characterized by a sign of apparent legal legitimacy, but are used for the opposite or inconsistent with the pursuit of the relevant procedural right or obligation. Based on the analysis of the Constitution of Ukraine, international acts, laws of Ukraine and case law, it is proved that the main purpose of the principle of inadmissibility of abuse of procedural rights is to guarantee the fair use of their procedural rights. The author discloses the content of the fair use of the parties' procedural rights, which includes the use of the relevant rights for the purpose for which these rights are granted, and in the manner prescribed by procedural law, as well as conscientious performance of duties specified by law or court. The study made it possible to state that the introduction of the principle of inadmissibility of abuse of procedural rights is important for improving the effectiveness of administrative courts to protect the rights and interests of individuals, public interests and the interests of the state.

Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue

Although the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.

Sobre la Administración competente para sancionar a los funcionarios de Administración Local con habilitación de carácter nacional interinos

LABURPENA: Lan honek xedetzat dut martxoaren 16ko 128/2018 Errege Dekretuaren 61. eta 62. artikuluen zilegitasun juridikoa aztertzea (Estaturako gaikuntza duten toki-administrazioko funtzionarioen araubide juridikoa arautzen du Errege Dekretu horrek). Artikulu horiek administrazio publiko ezberdinei ematen die Estatuko gaikuntza duten toki-administrazioko funtzionarioen gaineko diziplina-ahala, azken horiek karrerako edo bitarteko funtzionarioak diren. Defendatzen duen ondorioa da bereizketa hori bitarteko funtzionarioen aurkako diskriminaziozko tratu bidegabe bat dela. ABSTRACT: This paper analyses the legal legitimacy of articles 61 and 62 of the Royal Decree 128/2018, of March 16, regulating the legal regime of Local Administrations’ civil servants with a national habilitation. Articles 61 and 62 attribute disciplinary power over the aforementioned officials to different Public Administrations depending on whether they are permanent or temporary civil servants. The analysis leads to the conclusion that such a distinction constitutes a discriminatory treatment towards temporary civil servants. RESUMEN: El presente trabajo tiene por objeto el estudio de la legitimidad jurídica de los arts. 61 y 62 del Real Decreto 128/2018, de 16 de marzo, por el que se regula el régimen jurídico de los funcionarios de Administración Local con habilitación de carácter nacional, los cuales atribuyen la potestad disciplinaria sobre los funcionarios de administración local con habilitación de carácter nacional a administraciones públicas distintas según se trate de funcionarios de carrera o interinos. La conclusión que se sostiene es que dicha diferenciación constituye un injustificado trato discriminatorio a los funcionarios interinos.

“There Is an Eye on Us”: International Imitation, Popular Representation, and the Regulation of Homosexuality in Senegal

Drawing on data from Senegal, this article develops the concept of pockets of world society to explain how adherence to a liberal vision of gay rights emerges within an otherwise illiberal legal landscape. Pockets of world society appear at the site where the global field of human rights penetrates the national juridical field. Senegal’s Ministry of Justice sits at this juncture. It is a member of both fields but tends toward a logic of international imitation. The ministry accommodates world society’s stance on homosexuality, offering a moderate re-interpretation of its nation’s criminalization, and quietly circumventing local law to enact global scripts of sexual actorhood. In stark contrast, Senegalese courts, located solely within the national juridical field, adhere to a logic of popular representation, rejecting sexual self-determination, insisting on national sovereignty, and carrying out the nation’s criminalization of homosexuality in accordance with both law and collective will. These conflicting logics are driven by external pressures, field membership and position, professional trajectories, and sources of legal legitimacy and social accountability. Finally, I contend that the conflict in Senegal spotlights not only world society’s limits, but its persistent strength and its ability to disrupt the coherence of the law.

The Ethnographic Principle as a Phenomenon of History

The concept of the ethnographic principle is rarely found in the literature, and there is hardly a legal qualification for it. However, historical material (in cases of the Lithuanian, Czech, Bulgarian and Polish peoples) indicates that the ethnographic principle is a significant political and geopolitical phenomenon. This phenomen is especialy characteristic of the development of the peoples of the region of Central and Eastern Europe. First, the ethnographic principle was closely related to the national principle, although it did not coincide with it. The concept of the ethnographic principle points to the special anatomy of nation states, where the basis is ethnic / linguistic culture. Secondly, the advancement of culture to the fore indicated the recognition of its significance, which had not happened before. Consequently, it was a question of freeing this culture from the restrictions imposed on it and even compensating for the damage caused to it. Thirdly, the culture, raised to the state level, needed appropriate guarantees for the future. The article reveals the tendency of great states at the level of their policies and propaganda to act according to the ethnographic principle, thereby encouraging the formation of national states. However, when the latter became a fact, another tendency arose: the Western world began to apply the criteria of a liberal civil society to new states (according to the principle of jus civis romanus sum). This was too hard for the new states. In this context, the alternative was the Soviet ethno-federalist protectorate, which, although under the conditions of a repressive system, actually continued to implement the projections of the ethnographic principle. A fixed paradox: the ethnographic principle, which originated in the West as a variant of democratization, gained strength thanks to Russia, while the West remained, as it were, in aristocratic opposition to this course. The ethnographic principle has not yet acquired a clearer legal legitimacy. But as a historical category, it can serve as a study of the history of Modern times, and especially the Soviet period.

Naqshabandi systematization: Muhammad Parsa (d. 1420) and his «Risala yi Qudsiyya»

This article attempts to analyze the treatise of Muhammad Parsa (d. 1420) “Risala yi Qudsiyya”, which is one of the most important works of the Naqshabandi tariqah, which had a significant impact on the spiritual culture of Tatars and on many other Muslim peoples of Russia. This book was the first systematization of the history, of the basic principles and practices under this order. It provides an unbreakable chain (silsila) of his spiritual mentors, which substantiates the theological and legal legitimacy of his teachings, as directly related to the Sunnah of Prophet Muhammad and his companions. The work also pays special attention to the need for sincere love and impeccable obedience to your mentor as to the custodian of not only explicit, but also of sacred knowledge transmitted from the Prophet. The article also provides M. Parsa’s short biography and a list of his main works.

Telaah Integratif Filsafat Hukum Publik dan Teori Maslahah terhadap Kebijakan Amnesti Pajak di Indonesia

Tax amnesty policy has been issued by the Government of Indonesia for six times, i.e., 1964, 1984, 2007, 2009, 2015, and 2016. But actually, such policy is not a common one, because taxes are obligation for everyone who has met the criteria as a taxpayer. Therefore, the emergence of this policy often leads to controversial responses from many people. This research aims to reveal how the analysis of the philosophy of public law (justice, expediency and legal certainty) toward tax amnesty policies in Indonesia, which is integrated with the theory of maṣlaḥah (public benefit) in Islamic legal philosophy (Usul al-Fiqh). The findings of this study indicate that the implementation of the three legal principles in the tax amnesty policy in Indonesia actually has a legal legitimacy (i’tibār syar’iy) in the perspective of maṣlaḥah (public benefits). As the character of the maslahah, then the hierarchy of the three is tentative depending on the level of urgency driven by surronding situations and conditions.

Examining the Legal Legitimacy of Informal Economic Activities

This article explains the disjuncture between formal parliamentary laws and norms of informal economic activities on the basis of a contextual and layered idea of legitimacy. This explanation clarifies a misunderstanding in certain scholarly and policy circles characterising informal economic activities as extra-legal or illegal. The idea of legal legitimacy helps explain divergent normative logics of formal and informal spaces while indicating that informal activities are not performed in a regulatory void. In addition to helping redefine the informal space, the idea also helps clarify the interaction between formal and informal regulation. By employing Jürgen Habermas’ analytical characterisation of society as constitutive of lifeworld(s) and system, and drawing on the empirical literature, the article argues that a cautious interpretation of Habermas’ analytical categorization helps explain the legality of the informal space. If formal laws need to become legitimate for the informal context, they must integrate the contextual standards of legitimacy recognized in the informal space.