Barriers to The Execution of Seizure of Execution against Court Decisions That Have Permanent Legal Force (Example is The Case of Confiscation of Execution of Assets of Perumda Salatiga)

This research aim to determine the regional finance management arrangements for the assets of regional public company originating from separated regional assets and the constraints in the execution of assets of Perumda BPR Bank Salatiga. This research uses normative research. The research was conducted by library research using secondary data, while the tool used was document study. The data that has been collected is analyzed qualitatively. The results of this study indicate that the Regional Financial Management of Regional Public Company (Perumda) assets is the authority and responsibility of the Regional Government represented by the Regional Head who is the owner of capital as well as the owner of Perumda and Barriers in the execution of the seizure of the assets of Perumda BPR Bank Salatiga because there is Article 50 of Law No. 1 of 2014 concerning the State Treasury which prohibits the execution of assets belonging to the region.

Guarantees of protection of the right of minors during their interrogation on the pre-examination investigation

Problem setting. One of the tasks of criminal proceedings is to protect the rights and legitimate interests of participants in criminal proceedings. Additional guarantees should be created for juvenile participants in criminal proceedings, taking into account their age, physical and psychological characteristics, taking into account the principle of the best protection of the interests of the child enshrined in Article 3 of the UN Convention on the Rights of the Child. However, despite significant scientific developments in the issue of guarantees for the protection of the rights of minors and the relevant regulatory support, there are still difficulties in law enforcement on this issue, which, in turn, requires scientific analysis. The state of research of the problem. Issues related to proceedings involving minors are the work of many procedural scientists: I.V. Glovyuk, Y. M. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, V. T. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. Shingarev and others. The purpose of the scientific article is to study the guarantees of protection of the rights of minors and juveniles during their interrogation in the pre-trial investigation and to develop proposals based on it to improve the current criminal procedure legislation. Article’s main body. The research is devoted to determining the status of a minor in criminal proceedings, features of interrogation with his participation, analysis of additional guarantees of protection of his rights and interests during interrogation, features of specialization of subjects of such investigative (search) action and requirements to other participants of interrogation. It is noted that at the stage of pre-trial investigation, the method of interrogation of a minor is effective - "Green Room." This technique is developed to introduce the best experience of interrogation of the child, when the child is not injured and provide an opportunity to collect all the necessary evidence in criminal proceedings. It is stated that despite the positive impact of this technique, cases of interrogation of the child by the "Green Room" method are not frequent, given the small number of such "Green Rooms," and, therefore, the significant remoteness of law enforcement agencies from such specially equipped premises. The scientific novelty of the study is to make suggestions for improving the current criminal procedure legislation, which relate to the application of additional guarantees for the protection of the rights of minors, specialization of juvenile prosecutors, mandatory participants in the interrogation of minors. Conclusions. Among scientists and practitioners, the issue of mandatory and conditionally mandatory participants of interrogation of a minor listed in Part 1 of Article 226 of the CPC of Ukraine remains debatable. In our opinion, it is appropriate to apply to the motivational part of the Resolution of the United Chamber of the Cassation Criminal Court of the Supreme Court of 18.11.2019. resolution of the scope of documents confirming the authority of the defender to participate in a particular criminal proceeding (listed in Art. 50 of the CPC of Ukraine). The resolution states that: … para. 2 of Part 1 of Article 50 of the CPC is formulated using a syntactic construction in which homogeneous members of the sentence, namely: "order," "contract" and "errands," are connected by a relentless separation, and between the last two used a connector "or," which clearly indicates an alternative list, that is, the possibility of choosing one of the three mentioned in In addition, if such a list presents the conditions for the occurrence of a certain legal consequence, the use of a separating connector "or" indicates that the consequence occurs in the presence of at least one of the listed conditions.... ". Thus, taking into account such a syntactic design, formulated in part 1 of Article 226 of the CPC of Ukraine, we consider it mandatory to interrogate a minor or legal representative, or teacher, or psychologist, and conditionally mandatory - a doctor (if necessary).

Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana

Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions

Copula in Wildfire Analysis: A Systematic Literature Review

Copula model is a method that can be implemented in various study fields, including analyzing wildfires. The copula distribution function gives a simple way to define joint distribution between two or more random variables. This study aims to review the application of copula in the analysis of wildfires using a Systematic Literature Review (SLR) and provide insight into research opportunities related to the application in Indonesia. The results show there are very few articles using the copula model in the analysis of wildfires. However, the increasing number of article citations each year shows the importance of such article research and has contributed to wildfire analysis development. In that article, 50% of studies applied the copula model to direct wildfire analysis (using fire data) in Canada, Portugal, and the US. Meanwhile, the other 50% use the copula model for indirect wildfire analysis (not using fire data) in Canada and the European region. The outcome of the presented review will provide the latest research positions and future research opportunities on the application of copula in the analysis of wildfires in Indonesia.Keywords: copula; wildfire; systematic literature review. AbstrakModel copula merupakan metode yang dapat diimplementasikan pada berbagai bidang penelitian, salah satunya pada analisis kebakaran hutan. Fungsi sebaran copula memberikan cara yang mudah untuk mendefinisikan sebaran peluang bersama antara dua peubah acak atau lebih. Tujuan penelitian ini mengulas penerapan model copula tersebut pada analisis kebakaran hutan dalam studi literatur menggunakan Systematic Literature Review (SLR) serta memberikan peluang riset ke depan terkait implementasinya pada analisis kebakaran hutan di Indonesia. Hasil penelitian menunjukkan bahwa model copula pada analisis kebakaran hutan masih sangat sedikit. Namun, peningkatan jumlah sitasi artikel tiap tahun menunjukkan pentingnya penelitian tersebut dan memiliki kontribusi pada perkembangan analisis kebakaran hutan. Pada artikel tersebut, sebanyak 50% penelitian menerapkan model copula pada analisis kebakaran secara langsung (menggunakan data kebakaran) di Kanada, Portugal, dan Amerika. Sementara, sebanyak 50% lainnya menerapkan model copula pada analisis kebakaran secara tak langsung (tidak menggunakan data kebakaran), yaitu di Kanada dan kawasan Eropa. Hasil tinjauan memberikan posisi riset terkini serta usulan riset ke depan mengenai penerapan model copula untuk analisis kebakaran hutan dan lahan di Indonesia.Kata kunci: copula; kebakaran hutan; studi literatur sistematik.

Comment: Legitimizing Gerrymandering in the Harari Regional State Contrary to the Principle of Equality of Votes

The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state. NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence.

The UK's Withdrawal from the EU

Following a national referendum on 23 June 2016, the UK announced its intention to end its decades-long membership of the EU. That decision initiated a process of complex negotiations, governed by Article 50 of the Treaty on European Union, with a view to making the arrangements required for an ‘orderly Brexit’. This book explores the UK’s departure from the EU from a legal perspective. As well as analysing the various constitutional principles relevant to ‘EU withdrawal law’, and detailing the main issues and problems arising during the Brexit process itself, the book provides a critical analysis of the final EU–UK Withdrawal Agreement—including dedicated chapters on the future protection of citizens’ rights, the border between Ireland and Northern Ireland, and the prospects for future EU–UK relations in fields such as trade and security.

Article 50 TEU: The Quest for an Orderly Withdrawal and the Possibility of Alternative Denouements

This chapter sets out the basic constitutional framework, under EU law, governing the withdrawal of a Member State. Article 50 of the Treaty on European Union recognizes the sovereign right of any State to leave the EU and sets out a process for agreeing the terms of an orderly departure. But Brexit also required the EU and the UK to undertake extensive internal preparations, to ensure their own legal systems were ready for the UK’s departure. Moreover, Article 50 itself is drafted in only brief and sketchy terms, leaving many important decisions about Brexit to be worked out in practice. And EU law allows for other final outcomes to the withdrawal process—including a ‘no deal Brexit’; or the UK’s right to ‘revoke and remain’ under the Wightman ruling.

R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary from author Thomas Webb.

Who Had Their Cake and Ate It? Lessons from the UK’s Withdrawal Process and its Impact on the Post-Brexit Trade Talks

This Article highlights the legal and procedural restrictions a Member States faces during its withdrawal from the EU and subsequent talks on a future trade relationship by analyzing the unprecedented case of the UK. One such restriction consists of an obligation to negotiate withdrawal as a result of the principle of sincere cooperation. Other limits derive from the withdrawal process itself, designed as it was by the European institutions on the basis of a very scant Article 50 TEU. By then comparing the three substantive pillars of the EU-UK WA—citizens’ rights, the financial settlement, and the Irish border— with the UK’s initial negotiating red lines, I offer two conclusions: That the aforementioned constraints on the withdrawing state can significantly weaken the defense of its interests during its withdrawal process and that having to agree to important issues in a first and separate stage of “orderly withdrawal” talks also diminishes the state’s bargaining power with regards to the next stage of negotiating a future partnership with the EU.

(Br)Exit From the European Union—Control, Autonomy, and the Evolution of EU Law

(Br)Exit from the European Union offers a novel interpretation of the United Kingdom’s withdrawal from the European Union (EU). Rather than emphasizing the rupture and the exceptionalism of ‘Brexit’, this chapter argues that much can be understood about the evolution of EU law through the experience of the UK’s membership and eventual withdrawal from the EU. Section A evaluates whether the legal history of its membership—its encounter with EU rule-making and adjudication—can explain the UK’s preference for a ‘differentiated membership’ of the EU and eventual demands for control over its own laws. Section B focuses on the Article 50 TEU withdrawal process. It underscores that compliance with ‘constitutional requirements’ throughout the Article 50 process evidences co-evolution of the EU and domestic constitutional and legal orders even up to the moment of withdrawal. Section C projects forward to the evolving future relationship. It suggests that as the UK asserts its sovereignty outside of EU legal and institutional disciplines, the EU wants protection for its own autonomy.