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The Framework of Law Impacts in Philosophy of Law and Justice: How the Certainty and Justice Understood?

<p class="MsoNormal" style="text-indent:0in">This paper put an analysis on the
 autonomy principle among law practitioners. The principle and values usually
 use as the basic concept for justice understanding. The justice concept is adopted
 to enforce the law in the fair trial process should not just understand to be
 the main goal. There must be a wide broad approach segmented the social and
 cultural frameworks with the conceptual analysis. This article is also concerned
 for searching the reason relating to the paradigmatic practical calculations to
 constitute the rule known as the reasonable rationale. The essential conditions
 of what is practically  managing the
 guide with the rule application remarks just revealed. These remarks hopefully
 can bring a clear explanation relating to the law practitioners pragmatic view
 of speech act implications for debating the provisions. The standard case of
 rules is formulated to protect and to fulfill the people's rights rather
 rigidly fixing its range of application. There are powers of the people is
 nevertheless limited decisions of legal validity concerning the substance of
 the law. Dissatisfaction with the understanding of law practitioners for making
 the reliable concept relating to the relationship between the law and powers of
 people is underpinned by the ideal of popular sovereignty influence to be
 understood. It is similar to the argument that consisted of the legal system for
 the rule of law to be existed. There is a necessity to confirm and build some
 mechanism of certain social practices among public officials and law
 practitioners. There must be clear perspectives on how and why the government
 and their policies absolutely cannot avoid the political biased and the
 certainty of law urge to build the certain facts of law for the people to be
 able to make law at all.<o:p></o:p></p>

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The Framework of Law Impacts in Philosophy of Law and Justice: How the Certainty and Justice Understood?

<p class="MsoNormal" style="text-indent:0in">This paper put an analysis on the
 autonomy principle among law practitioners. The principle and values usually
 use as the basic concept for justice understanding. The justice concept is adopted
 to enforce the law in the fair trial process should not just understand to be
 the main goal. There must be a wide broad approach segmented the social and
 cultural frameworks with the conceptual analysis. This article is also concerned
 for searching the reason relating to the paradigmatic practical calculations to
 constitute the rule known as the reasonable rationale. The essential conditions
 of what is practically  managing the
 guide with the rule application remarks just revealed. These remarks hopefully
 can bring a clear explanation relating to the law practitioners pragmatic view
 of speech act implications for debating the provisions. The standard case of
 rules is formulated to protect and to fulfill the people's rights rather
 rigidly fixing its range of application. There are powers of the people is
 nevertheless limited decisions of legal validity concerning the substance of
 the law. Dissatisfaction with the understanding of law practitioners for making
 the reliable concept relating to the relationship between the law and powers of
 people is underpinned by the ideal of popular sovereignty influence to be
 understood. It is similar to the argument that consisted of the legal system for
 the rule of law to be existed. There is a necessity to confirm and build some
 mechanism of certain social practices among public officials and law
 practitioners. There must be clear perspectives on how and why the government
 and their policies absolutely cannot avoid the political biased and the
 certainty of law urge to build the certain facts of law for the people to be
 able to make law at all.<o:p></o:p></p>

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AN EVALUATION OF THE SELECTION MECHANISM OF CONSTITUTIONAL JUDGES IN INDONESIA AND SOUTH KOREA

This paper aims to evaluate the appointment process of Constitutional Court Judges in Indonesia. A guarantee of the judiciary independence is a foundation of a modern democratic state because a judge’s appointment depends on a selection process. Using normative and empirical legal study, the study shows that Indonesia does not have a standardized selection process among the proposing organs regarding assessment and procedure. The selection mechanism is decentralized. It relies on the proposing organs respectively. On the other hand, South Korea has a more standardized selection process, especially on confirmation hearings organized by the National Assembly. The Korean model, which emphasizes the National Assembly confirmation hearing, has strongly contributed to the selection process because it ensures transparency and accountability. The study suggests that Indonesia should seriously consider establishing a confirmation hearing system for justices like South Korea. A more transparent selection will reduce the number of corrupt public officials (justices). Unfortunately, the current Korean system also needs improvements. The suggestions include (1) separation of the ethical and professional competence evaluation phase, (2) extension of the confirmation hearing duration, (3) enhancing the requirement for witness attendance and submission of data, and (4) prohibition of the use of personal hearing data.

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DIGITAL CONSTITUTIONALISM ERA IN THE DEVELOPMENT OF BANKING LAW IN INDONESIA

Digitalisation has changed, bringing the world in an almost borderless direction, and impacting various fields. Banking law in particular has been disrupted by the rapid development of digitalisation, as well as shifting paradigms of thinking across the banking world. As a result of the digital economy era, conventional banking services have been forced to adapt to the development of the concept of digital constitutionalism. The digital economy era must provide better banking services to guarantee the protection of citizens’ constitutional rights, especially related to the use of technology in banking services. This concept of the digital economy must be able to improve the quality of banking services in terms of ease and speed of access, efficiency, effectiveness, and optimal management of risk. Thus, it is expected that the development of the era of digital constitutionalism in banking law in Indonesia can provide a more optimal guarantee of protection of future constitutional rights protection for its citizens. This study describes the transitional process of the digital constitutionalism era in the development of banking law in Indonesia as a factual condition by using normative juridical research methods and library approaches, as well as comparative approaches. The study finds that the development of the digital constitutionalism era in banking law in Indonesia has progressed rapidly. This progress has benefitted users of banking services, but it also has led to a residual deviant behaviour due to the ease of access to technology.

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On the landmark decision of the constitutional court of the Republic of Belarus on historical memory

The article analyzes the decision of the Constitutional Court of the Republic of Belarus on the verification of the constitutionality of the Law of the Republic of Belarus “On the genocide of the Belarusian people”, adopted on December 29, 2021 in the order of mandatory preliminary constitutional control of laws before they are signed by the President of the Republic of Belarus. In December 2021, the Parliament of the Republic of Belarus adopted the Law “On the genocide of the Belarusian people”, which provides for the legal recognition of the genocide of the Belarusian people committed by Nazi criminals and their accomplices during the Great Patriotic War and the post-war period (until 1951), and at the same time, criminal liability is established for public denial of the genocide of the Belarusian people. The author focuses on the approaches of the Constitutional Court of the Republic of Belarus, which recognized the specified Law as consistent with the Constitution, on the need for legislative barriers to attempts to falsify the events and results of the Second World War, on the interpretation of the concept of “genocide of the Belarusian people” that complies with International Law, on strengthening the protection of state sovereignty, preservation of historical truth based on irrefutable documentary evidence of the genocide of the Belarusian people.

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