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.

JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

REGARDING THE ACTIVITY OF A NATIONAL PARK DIRECTOR IN ENSURING THE SAFETY OF TOURISTS VISITING NATIONAL PARK AREAS

Purpose. The aim of the article is to analyse a national park director's legal position, roles, tasks and legal forms of operations in ensuring the safety of tourists visiting a national park. The objective of this analysis is also to determine whether the legal position, competencies and legal forms of activity at the disposal of the national park director are sufficient to ensure the safety of tourists visiting the national park. Method. The theoretical nature of this article determines the choice of research methods and their application. A dogmatic method (analytical and dogmatic) involving legal exegesis using linguistic and non-linguistic rules of legal interpretation is the predominant method applied in the article. Findings. The national park director’s legal status (including his/her position in the system of administering entities) is not clearly defined by the legislator and therefore, raises doubts. The legislature has not explicitly included this entity into the local authorities of consolidated and non-consolidated government administration. The legislator defines a national park director as a national park authority and a nature protection authority, directly indicating that this authority performs the tasks of a regional director aimed at nature protection within the national park area. The director of a national park may be classified as an administering entity, or on account of his/her tasks and powers, a public administration authority in a functional sense. However, it is misleading to treat national park directors as public administration authorities sensu stricto, i.e. the authorities who are part of the state machinery (authorities acting directly on behalf of the state or local self-governments), whose basic and, in principle, sole purpose is to perform public administration tasks (e.g. minister, province administrator, commune head). However, some authors consider national park directors to be public administration bodies sensu stricto [Makuch 2020, p. 527]. It has been confirmed in research that there is great diversity concerning tasks, powers and legal forms of operations at the disposal of a national park director, which can be used to ensure the safety of tourists visiting national parks. These are legal and factual activities of regulatory and non-regulatory nature. The tasks and competencies of national park directors include, first of all, protecting national park resources (environmental protection), which is the essence of their existence, and also providing access to national parks so as to ensure the safety of people who visit them. Research and conclusions limitations. The author focuses on analysis of the national legal framework. The origin of institutions and comparative legal analyses have been omitted. Practical implications. In the research, the current legal status is shown, and this can be considered the basis for further legislative work. Originality. To date, research on the national park directors' tasks, roles and legal forms of operation in ensuring the safety of tourists visiting national parks has been very scarce. Most of such issues are raised while discussing wider problems related to nature protection as well as tourism, and are not subject to in-depth examination [Wolski 2010, pp. 75-83]. In this context, it is worth noting that not only the national park directors' tasks and legal forms of activity require detailed analysis and evaluation, but their status in the state system and position in the system of administering entities as well. The current findings in this field are not sufficiently comprehensive and require further clarification. Type of paper. The article presents some theoretical concepts. It is a general overview article.

Regulacja prawna pomocy społecznej w Polsce w okresie powojennym do 1989 roku

The article’s aim is to examine the legal regulation of social welfare in Poland after World War II up to the year 1989. The article analyzes the legal position of beneficiaries of social welfare benefits in that period. The political situation in Poland after the end of World War II introduced changes in the perception of the pre-war system of social welfare. In the period of the Polish People’s Republic, social welfare was based on an incorrect legal basis and the legal position of beneficiaries of social welfare was not protected by law. Social welfare was transferred to the Ministry of Health and its organizational system was centralized. Such a situation lasted until the Act of 29 November 1990 on Social Welfare was passed. Theoretical and historical methods of legal research were used in this article.

THE EMPLOYMENT PROTECTION OF MEMBERS OF THE BOARD OF A WORKPLACE TRADE UNION AND THOSE ABOVE AFTER THE AMENDMENTS

The aim of the contemplation is the issue of trade union activists’ employment protection. Discussing article 32 of the Trade Unions Act, the author focuses on changes introduced in the Act from 5th July 2018. In the article, the author points out the meaning of an employed person, the date by which the trade union must adapt its approach towards matters such as a notice of termination, dissolution of employment or one party changes to provision of employment of trade union’s activists. In the study, the author discusses the legal position of the board members of a trade union at the workplace level an above mentioned in the Act of 2003 about so-called group redundancies. The author indicates the differences between the legal protection of an employed person and a union activist that is employed on other category of employment.

SOCIAL SERVICE CENTERS – NEW ORGANIZATIONAL UNITS IN THE MUNICIPALITY

Social services related to activities aimed at meeting the basic needs of society are an important factor activating local communities. Commune self-governments undertook such projects on the basis of general provisions of the Act on Public Finance and commune self-government. On January 1, 2020, the Act on the provision of social services by social service centers, adopted on July 19, 2019, entered into force, specifying the scope of social services, the method of creating social service centers and their organizational structure. The study presents the basic issues concerning the definition of social services in the doctrine and in the aforementioned Act, and moreover, attention was paid to the method of establishing centers provided for by law: either as new organizational units of the commune or transforming the existing social welfare centers. Tasks in the field of social services were defined as own, non-obligatory tasks, therefore communes were left to assess the need to create such centers. The organizational structure of the center is also briefly presented, with attention being paid to the legal position of the director of the social services center

Analisis Yuridis Terhadap Kedudukan Anak Hasil Perkawinan Siri

<p>The purpose of this study is to determine the juridical analysis of the position of the child, the legal status of the child and to find out the government's efforts to overcome the position of the child from an unregistered marriage. This type of research is an empirical descriptive qualitative. The data source uses primary data sources and secondary data sources. Data collection techniques are interviews, observation and documentation. The results of the study indicate that children resulting from unregistered marriages are registered and then registered in the civil registration in order to obtain a legal legal position. The legal status of unmarried children is that after the Decision of the Constitutional Court Number 46/PUU-VIII/2010, if it can be proven based on science and technology and/or other evidence, it turns out that they are related by blood as their father, then they are entitled to inherit from their father. The government's effort in overcoming the position of children from unregistered marriages is to socialize so that siri couples become legal marriages, namely by registering with marriage istbat and re-marrying.</p><p>Keywords: legal status, legal status, children, unregistered marriage</p>

Creditors' and Third Parties' Rights In Rem under European Union Regulations and the UNCITRAL Legislative Guide on Insolvency Law

The purpose of this article is to present the legal position of creditors and third parties secured by rights in rem. The analysis takes into consideration the situation when the bankruptcy of a debtor is declared. The purpose of the article is to present the regulation provided in European Union regulations. According to the European Union regulations, the opening of insolvency proceedings does not affect the rights in rem of creditors or third parties {to assets?} belonging to the debtor which are situated within the territory of another Member State at the time of the opening of insolvency proceedings. Therefore the question arises of whether the scale of protection of a secured creditor or of third parties' is too wide in comparison with other creditors. Moreover it is necessary to compare the European Union provisions with regulations of an international character. The provisions of the UNCITRAL Legislative Guide on Insolvency Law constitute a point of reference for a comparative analysis of this issue.

O prawie III Rzeszy Niemieckiej w Polsce (1939–1945)

Studies on the legal situation of Poles under German occupation during the Second World War have been conducted in Poland for a long time. For many years, however, they have not sufficiently addressed the problem of the fundamental difference between the legal positions of Poles and Western Europeans during the German occupation. The book published in 2017 by Maciej Mitera, entitled Ordinary Fascism. The Legal Position of the Citizens of the Second Polish Republic in the General Government 1939–1944 is an opportunity to sort out the concepts of the law applied to Poles under German occupation. In addition to general regulations, laws, and decrees issued by Governor Hans Frank, the German authorities issued several general orders or prohibitions which defined the legal status of General Government residents. These regulations differentiated the legal position of various population groups in the territory of the General Government, segregating people and excluding certain groups from normal social life. At the same time, German regulations were the basis for the exploitation of society and served the purpose of confiscating its property, and finally — extermination. Further research is needed to gain a complete picture of the German occupation of Polish lands.

The protection of consumers in rest homes - time for a change?

<p>This dissertation examines the statutory protection of elderly consumers in rest homes and makes several proposals of how to improve their protection. The dissertation compares New Zealand’s legislation with the existing rest home related legislation in Australia and Germany to improve New Zealand’s regulations. At first, the dissertation characterises elderly consumers as a consumer group with special vulnerabilities. According to the dissertation several reasons can be identified, which justify regulatory intervention in favour of the elderly. Secondly, the dissertation gives an overview of the relevant rest home legislation in New Zealand, Australia and Germany. In the later chapters the dissertation examines the existing information obligations, and the statutory protection of elderly consumers during the implementation and at the time of the termination of a rest home contract. The author argues that many of the existing consumer protection measures are not specifically tailored for consumers in rest homes and, therefore, do not ensure comprehensive protection. Furthermore, the author identifies several gaps in protection and proposes to introduce targeted new protection measures to close these gaps. Subsequently, the dissertation considers the access to justice for elderly consumers. The author states that the existing system offers some advantages but is far from being perfect. He speaks in favour of establishing a new Commissioner who is responsible for the issues of elderly consumers and the enhancement of their legal position. Lastly and on the basis of the previous outcomes, the author recommends creating a new piece of legislation specifically tailored for the protection of elderly consumers in rest homes to implement all the proposed changes. In the author’s opinion a new Act could build on the existing consumer protection measures but should also improve them to ensure the best protection possible. The author also outlines how a code of practice should be put in place, which sets out minimum requirements.</p>