Reform Of Code Research Articles

Основные виды соседских вмешательств по праву Германии и Швейцарии

This article analyses the neighbour law in the law of Germany and Switzerland with the question of borrowing foreign experience in Russia. For this purpose, the classification of neighbours’ interventions is examined in detail. Each type is considered in the context of foreign doctrine and judicial practice, its impact on the balance of interests of neighbours and the state is studied, and a conclusion is made about the necessity or lack thereof for potential borrowing in Russia. Also important terms and principles accompanying neighbourly relations are analysed: materiality of interference, economic feasibility of measures to reduce harmful effects, the principle of good neighbours in the context of cohabitation. The ways of protection of the owner’s rights against them are considered, among which there are negatory action, tort action, challenging the decision of a public authority, compensation action. As a result of the study, the following conclusions are drawn. Not all types of interference in the right of ownership by a neighbour could be relevant in Russia, in particular intangible (affecting the value of real estate without direct interference in use) and aggregate interferences (from several sources and issuers) are applied in Germany with great difficulty (most often only reaching the Supreme Court), but positive (physical) interferences and negative (interfering in use without direct physical interference), taking into account the text of the draft reform of the Civil Code of the Russian Federation (where they are indirectly taken into account) would be important in the future and could find a place in the legal system of the Russian Federation.

Konfigurasi Politik Atas Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

This research focuses on examining the character of legal products in the Joko Widodo regime, one of which is Law Number 1 of 2023 concerning the Criminal Code. The problem in this study is that the political situation in a country greatly influences the formation of a law. The research method used in this research is normative legal research that examines legal issues and examines norms, as for what is studied in this study is the character of legal products of Law Number 1 of 2023. This research aims to answer (1) How is the political configuration of the presence of Law Number 1 of 2023 concerning the Criminal Code in law enforcement in Indonesia? (2) What is the character of legal products of Law Number 1 of Year 2023? This research concludes that the political situation can affect the formation of a law. A democratic political configuration will give birth to responsive legal products while an authoritarian configuration will give birth to legal products that are conservative or elitist. In this study, the author assesses Law Number 1 Year 2023 as a responsive legal product, the reform of the Criminal Code is a form of legal development aimed at answering the needs of society.

Comparison of Indonesian and Norwegian Laws regarding Criminal Responsibility of perpetrators with Intellectual/Mental Disabilities

The criminal responsibility of offenders with mental or intellectual disabilities varies significantly across legal systems, influencing policies within the criminal justice framework. In some jurisdictions, provisions exist allowing for the consideration of disabilities as grounds for exoneration or mitigation of punishment. The reform of Indonesia's Criminal Code in 2023, particularly Articles 38 and 39, addresses the issue of criminal responsibility for individuals with mental or intellectual disabilities. However, challenges arise when the concept of diminished criminal liability is tied more to the defendant's mental or intellectual condition rather than their culpability in the criminal act itself. This study aims to examine and compare these legal regulations and policies with those of Norway. Using a juridical-normative method with legislative and comparative approaches, the research seeks to elucidate the differences in how Indonesia and Norway handle the criminal responsibility of offenders with disabilities. By doing so, this paper aims to clarify the regulatory frameworks governing the exoneration and reduction of criminal liability for individuals with disabilities in Indonesia, ensuring that law enforcement practices align with the rights and considerations afforded to such individuals

LGBT In Criminal Code: A Dialeectics Of Morals And Human Rights From Prophetic Legal Perspective

The existence of LGBT individuals in Indonesia remains a contentious topic in society due to the perceived deviation from social norms in their orientation and behavior. Opinions on how to address LGBT individuals vary greatly, with some supporting their rights and others opposing them based on differing interpretations of human rights and moral and religious values. One prevalent discourse is to criminalize LGBT behavior as a violation of public decency in the reform of the Criminal Code. However, problems arise due to the lack of clarity in regulations and how to address the group from moral and human rights perspectives. This paper will discuss the ratio legis of LGBT regulation in national criminal law with human rights and morality variables, using the perspective of prophetic law. The data collection method is a library research model, and secondary data is used with descriptive-qualitative analysis techniques. The study found that the inclusion of LGBT elements in the national criminal law reform is a preventive measure taken by the state to curb the potential impact of LGBT on society. However, it is important to note that this reform is limited to criminal acts of decency and does not imply an implicit prohibition. It is crucial to maintain public morality without discriminating against any particular group. The principle of human rights and morals in Indonesia is based on Pancasila, which serves as the philosophical foundation and the ideals of national law. Therefore, LGBT sexual orientation and behavior are not accepted. The regulation of LGBT in the Criminal Code reaffirms the basic principles of the state built on the Almighty God and considers the legal system holistically, not limited to the principle of legal positivism, but also including morals as the substance of law.

Study of Law Number 1 of 2023 concerning the Criminal Code (KUHP)

The Criminal Code (KUHP) Law Number 1 of 2023 is a modification of the existing Criminal Code that has been in force since 1918. The reform of the Criminal Code aimed to align with advancements in criminal law in Indonesia and address the evolving legal requirements of society. The amendment to the Criminal Code encompasses several modifications, including the incorporation of novel criminal offenses, such as offenses against the environment, offenses against public assets, and offenses against human rights. Abolition of antiquated penal offenses, such as adultery, abortion, and offenses against moral principles. Revisions to the definition of criminal offenses, such as modifications to the definition of theft, embezzlement, and domestic violence, The amendment to the Criminal Code has both favorable and unfavorable consequences. Overall, many consider the amendment of the Criminal Code a favorable measure that aligns with advancements in criminal law in Indonesia and addresses the increasing legal requirements of society. This change is also deemed capable of offering enhanced legal safeguards for the community while simultaneously achieving justice and legal clarity.

On the constitutional compliance of the 2023 reform of the Portuguese Labour Code

Este texto visa dar resposta a algumas questões de constitucionalidade que a reforma de 2023 (a Agenda do Trabalho Digno) do Código do Trabalho suscita. Analisaremos o artigo dos Professores Romano Martinez e Gonçalves da Silva e tentaremos contribuir para a análise de algumas das medidas mais controversas da reforma – a proibição de terceirização (artigo 338.o-A), a irrenunciabilidade dos créditos laborais (artigo 337.o, n.o 3), a atividade sindical na empresa (artigo 460.o, n.o 2), e a arbitragem para apreciação dos fundamentos da denúncia da convenção coletiva (artigo 500.o-A).

The 2015 reform of the WADA Code

The 2015 reform of the WADA Code

Transforming India's Labor Landscape: Analysing the Impact of Recent Labor Code Reforms, Post-COVID Imperatives, and the Necessity of Employee-Centric Policies and Industrial Social Responsibility

Transforming India's Labor Landscape: Analysing the Impact of Recent Labor Code Reforms, Post-COVID Imperatives, and the Necessity of Employee-Centric Policies and Industrial Social Responsibility

Novels 1914-1916 to the General Civil Code of the Austrian Empire 1811

The article is devoted to clarifying the reasons and prerequisites for the adoption of the Novels of 1914-1916 to the Austrian General Civil Code of 1811, a general characterization of their content and substantiation of their historical and legal significance.
 The author analyzed the state of problem processing; first of all, the author used the works of two professors of Lviv University of 20th century - the outstanding Polish civilian Ernest Till, who published the German text and the Polish translation of the Novel with his own explanations, as well as the prominent Ukrainian jurist Stanislav Dnistrіanskyі, who in 1919 translated the Code of 1811 and three Novels to it into Ukrainian. At the same time, the main attention in the article is given to the figure of the Austrian lawyer and statesman, professor of the University of Vienna, Joseph Unger, who presented the program of novelization of the Code of 1811 in his article of 1904 and later acted as its main developer at the head of the Special Commission.
 The author revealed the decisive influence of J. Unger on the spread of the historical school of law in the legal science of the Austrian monarchy, including its fundamental provisions regarding the reception of Roman law, the tradition of German pandectism; and, instead, critics of the theory of natural law; as well as on the introduction by scientists of a comparative legal approach in Austrian civil studies, thanks to which the reform of the General Civil Code of the Austrian Empire in 1811 was initiated. The author considered the 10-year codification process of changing the Code, which resulted in its novelization in 1914-1916.
 Therefore, the article elaborates the main content of the three Novels to the Code: the First Novel of October 12, 1914, the Second Novel of July 22, 1915, and the Third Novel of March 19, 1916, which made certain changes to personal, family, property, inheritance and obligation law. At the same time, the author stated that the revision of the General Civil Code of the Austrian Empire in 1811 did not fundamentally change its structure, nor the main principles and provisions, but was only aimed at adapting the Code to the contemporary conditions and needs.

Monodualistic and Pluralistic Punishment Politics in Criminal Code Reform: Lessons from Indonesia

This research analyzes the problem of punishment in the current Criminal Code because there is a mismatch of socio-political, socio-philosophical, and socio-cultural foundations. This study also analyzes the problems in the current Criminal Code punishment due to the strong retributive influence on punishment so that imprisonment becomes the sole answer for judges in deciding cases. In connection with the various problems of punishment in the Criminal Code, efforts are made to reform the Criminal Code, which is adjusted to the socio-political, socio-philosophical, and socio-cultural foundations so that the reform of the Criminal Code has a mono-dualistic and pluralistic nature. The purpose of this research is to find how the concepts of mono-dualistic and pluralistic influence the reformation of the Criminal Code as well as the political direction of punishment in the reformation of the Criminal Code. Based on the research, the author found that the mono-dualistic and pluralistic nature of the Criminal Code reform influences the material expansion of the principle of legality. In addition, criminal code reform has a contemporary direction that prioritizes not only deterrent effects but also rehabilitative efforts so that it can restore social functions.

Pedestrian-oriented zoning moderates the relationship between racialized economic segregation and active travel to work, United States

ObjectivePedestrian-oriented zoning, including zoning code reforms (ZCR), may be especially beneficial to racially and economically segregated communities, which may lack built environment features that support physical activity. This study examined associations between racialized economic segregation, measured by quintiles of the Index of Concentration at the Extremes, and public transit (PTW) and active travel (ATW) to work, and whether associations were moderated by pedestrian-oriented zoning provisions and ZCR, respectively. MethodsZoning codes effective as of 2010 representing 3914 US municipalities (45.45% of US population) were evaluated for the presence of ZCR and eight pedestrian-oriented zoning provisions. These data were linked with American Community Survey 2013–2017 and NAVTEQ 2013 data on the outcomes and relevant covariates. Fractional logit regressions were computed with standard errors clustered on county. ResultsWorkers from more deprived quintiles were less likely to engage in PTW and ATW (OR = 0.22–0.55, p < 0.01), and tests revealed moderation by zoning (p < 0.05). ZCR was positively associated with PTW for the three most deprived quintiles (OR = 1.53–2.38, p < 0.01), and with ATW for the two most deprived quintiles (OR = 1.42–1.69, p < 0.01) and the second most privileged quintile (OR = 1.26, p < 0.05). In the most privileged quintile, the zoning scale score was negatively associated with PTW (OR = 0.91, p < 0.001) and ATW (OR = 0.94, p < 0.01). However, in the most deprived quintiles, the zoning scale score was positively associated with PTW (Q2: OR = 1.13, p < 0.01) and ATW (Q1-Q2: OR = 1.07–1.09, p < 0.05). ConclusionsPedestrian-oriented zoning can provide opportunities for ATW in the most deprived communities. Work is needed to explore zoning policy implementation in those communities.

Does Bankruptcy Reforms Enhance Firm Performances for Politically Connected Firms? Evidence from India

Using a sample of 1,953 listed firms on the National Stock Exchange from 2009 to 2021, we investigate whether politically connected firms alter their cash holding patterns following the Insolvency and Bankruptcy Code (IBC) reforms introduced in 2016. We also examine the impact of changes in a firm’s cash holdings on its performance. Results show that politically connected firms reduced their cash holdings following the implementation of IBC in 2016, as new reforms better protected creditors through strict enforcement rights. We also find that politically connected firms with large amounts of cash perform poorly in the post-IBC period compared to their nonconnected peers. The results are robust after excluding the COVID-19 period and controlling for firm size, leverage, and business group affiliations. JEL Codes: G32; G34; G38

CONSUMER LAW IN THE SYSTEM OF MODERN RUSSIAN LAW AND LEGISLATION

The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.

Judicial ethics in Ibero America- towards a perspective of gender and modernity

Some of the great challenges facing judicial ethics are directed towards technological advances and inequalities faced by the administration of justice and that must be addressed from Judicial Ethics to strengthen the efficiency, effectiveness and legitimacy of justice institutions and renew the foundations of organizational culture, therefore, these issues are addressed from a deductive methodology and with a gender perspective, also taking up for this analysis, the Twenty-third opinion, of February 21 of this year, of the Ibero-American Ethics Commission Court on the proposal for a partial reform of the Ibero-American Code of Judicial Ethics. Speakers: Maria Thereza Rocha de Asisis Moura, Octavio A. Tejeiro Duque and David Odóñez Solís (CIEJ, Opinions nd).

PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM

According to the 1945 Constitution, Indonesia is a state of law. Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.

Spain: Political Developments and Data in 2022

AbstractThe year 2022 was marked by the implementation of the Spanish Recovery and Resilience Plan approved by the European Commission in June 2021. Without a general election or changes in the Cabinet, only the main opposition party, the People's Party, experienced a change in leadership, when Pablo Casado resigned and was replaced by Alberto Núñez Feijóo. The political agenda was dominated by the approval of the Law on the Comprehensive Guarantee of Sexual Freedom, better known as the law of “only yes means yes,” the reform of the Criminal Code to remove the crime of sedition and reduce the penalties for embezzlement, and the change of the majority required for the renewal of the General Council of the Judiciary. In the international arena, the consequences of Russia's invasion of Ukraine and the celebration of the 30th NATO Summit in Madrid were the main issues.

Parteimitgliedschaften im Jahre 2022

Following allegations that he had accepted undue advantages in his position, a referendum was held on 6 November 2022 to recall the mayor of Frankfurt, Peter Feldmann . The article first presents the legal framework of the recall election in Hesse and critically examines in particular the level of the required quorum . It is argued that the quorum has undesirable consequences for political competition and political culture . For example, the quorum changes the logic of the electoral campaign by encouraging a one-sided mobilization of the incumbent’s opponents . Based on official election data, it can be shown that participation in the referendum was indeed lower in districts where Peter Feldmann had done particularly well in the 2018 mayoral election . Finally, various proposals for a possible reform of the Hessian municipal code (Hessische Gemeindeordnung) are discussed . First of all, reforms that focus on the quorum are conceivable, such as reducing or even abolishing the quorum . But more far-reaching reforms, such as the complete abolition of the recall vote, are also being discussed .

Особенности наследственного права Германии конца ХIX века

The features of inheritance in Germany under the Civil Code of 1896 are investigated. The doctrines of inheritance and types of inheritance under German law of the late nineteenth century are analyzed. The purpose of the hereditary reform of the Civil Code in the German Empire is analyzed and the conclusion is substantiated that it consisted in overcoming the diversity of hereditary systems of the German lands. It is summarized that this goal was achieved as a result of the formation of a unified system of norms, which was based on the traditions of German law, and also sufficiently took into account the interests of the emerging bourgeoisie. As a result of the reform, hereditary fragmentation in Germany was overcome, including in connection with an integrated approach to the regulation of hereditary relations. Conclusions are presented regarding the peculiarities of the regulation of inheritance law under the German Civil Code of 1896, which were distinguished by a visible contradiction between the preservation of orders having feudal features (in the field of land ownership) and capitalist (in the field of inheritance by will). It is also revealed that the inheritance law of the late nineteenth century contributed to the strengthening of the economic position of the Prussian burghers and contributed to the formation and strengthening of large capital in the German Empire.

Dismissal of an employee at the initiative of the employer for a single gross violation of labour duties (clause 7 of Article 42 of the Labour Code of Belarus)

During the third global reform of the Labor Code of the Republic of Belarus, which took place in 2019-2020, Article 42 of the Labor Code was set out in a new edition. In the updated Article 42 of the Labor Code of the Republic of Belarus, five grounds for dismissal at the initiative of the employer for a single gross violation of labor duties were combined into one paragraph 7. In 2021, this paragraph was supplemented with three new grounds. In this paper, for the first time, an attempt is made to comprehensively analyze all eight grounds for dismissal on the initiative of the employer for a single gross violation of labor duties, enshrined in paragraph 7 of Article 42 of the Labor Code of the Republic of Belarus. Within the framework of the scientific and practical analysis of eight disciplinary grounds for dismissal of an employee carried out in the article, the provisions of the Labor Code of the Russian Federation, as well as current Belarusian judicial practice, are taken into account in a comparative aspect. Special attention in the paper is paid by the authors to the procedure for termination of an employment contract for this group of disciplinary grounds, problems that arise in personnel and other law enforcement practice, as well as guarantees that employees can use when dismissed on these grounds. Proposals are made to improve the labor legislation of the Republic of Belarus and law enforcement practice in relation to this group of grounds for dismissal of employees at the initiative of the employer.

Honor Killings in the Eastern Mediterranean Region: A Narrative Review

Honor killing is a violent crime committed by one or more perpetrators, in which the crime's intention is to restore honor to their family. In this narrative review, the authors investigate the epidemiology of honor killing in the Eastern Mediterranean Region. Furthermore, the social, cultural, and legal aspects of honor killing are discussed. Numerous socio-cultural factors lead to the action of killing for honor in this region. They include deeply rooted patriarchal dominance, the desire to maintain social status, and being poorly educated. Honor killing perpetrators have similar characteristics, such as rating female chastity at a higher price and justifying violence against women. The impact of honor killing on family members is much greater than the perceived families' beliefs of the community's rejection of the female's dishonorable behavior. Silence culture dominates these societies, and many crimes are under-reported in this region. Often, a judicial trial is not conducted for such heinous crimes. Penal code reforms, campaigns to promote human rights, steps to improve the education level, and active participation of civil society in condemning such crimes are a few essential measures that need to be considered in order to curb the social evil of honor killing.