Extraordinary Law Research Articles

Penegakan Hukum Luar Biasa Atas Kejahatan Ekosida Sebagai Extraordinary Crime Dalam Konsep Hukum Lingkungan Internasional

The quality of the environment is the most important part of human life in dignity and humility. In practice, ecocide are mostly committed by corporations, both national and transnational. Environmental crimes that are structured and systematic or often called ecocide do not concern as an extraordinary crimes. The International Criminal Court (ICC) has proposed to several countries such as Fiji, Vanuatu, and the Maldives that the need to add elements as international criminal crimes categorized as extra ordinary crimes in the Rome Statute and recognized as the fifth type of crime that becomes the jurisdiction of the International Criminal Court for trial. The purpose of this research is as a contribution to answer question. First, to analyze and to understand in developing extraordinary law enforcement against the crime of ecocide as extraordinary crime. Second, law enforcement review against ecocides in various regulations and various court decisions in Indonesia Third, to analyze the concept of international environmental law in the extraordinary enforcement law against ecocide crimes (Extra ordinary Crime) The research method used by researchers is normative juridical approach. This means that the legal material used as a study is secondary data. In this normative legal research it is not closed the possibility that empirical data (field) is also presented as an option to support and sharpen the study

Detection of Digital Law Issues and Implication for Good Governance Policy in Indonesia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The concept of good governance is essential to be utilized to analyze updating digital law and society. However, at the practical level, it can still be seen the lack of implementation of the principle of properness, transparency, effectiveness, accountability, participation, and human rights by the government to respond to the economic growth and criminal trend within the digital era. This study discusses good governance as a concept that can be used to analyze digital law and society. Especially in the cybercrime and e-businesses in Indonesia, the concept of good governance may utilize the social impact. This study uses socio-legal research, which combines interviews and literature review. This article will start to discuss the relevance of the study of good governance, digital law, and society in Indonesia's social and judicial context with the Electronic Information Transaction Law. This study concludes that during the growth of the digital economy, Indonesia has suffered from cyber-attacks, scams, phishing, malware injection, etc., which may need more extraordinary law enforcement. At the same time, the increasing number of e-commerce, fintech, social media, digital start-up, etc., need support from proper facilitation by the government. Good governance may provide a tool to cover the objective and balance its outcomes in the digital era.</p></td></tr></tbody></table></div>

Government Responses on Corona and Contracts in Europe: A Compilation of Extraordinary Measures in Times of Crisis

In March 2020, the new coronavirus (Covid-19) outbreak, which was eventually declared a pandemic by the World Health Organization, changed everyday life all over Europe from one day to another. Under those extraordinary circumstances, a wide range of issues concerning the law of contracts are becoming particularly important. In the early stages of the pandemic, during lockdowns and a subsequent reopening of the economy, many European countries have implemented significant and unprecedented measures in response to the current crisis. Against this backdrop, the more fundamental question arises whether and to what extent we need an extraordinary law of contracts in times of pandemic. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), the paper provides for an analysis and discussion of various extraordinary measures taken by European governments and puts these measures into perspective. A functional and comparative approach is used to elaborate on how contract law should respond to the current crisis. Coronavirus (Covid-19) pandemic, commercial contracts, consumer contracts, employment contracts, lease contracts

Regulating Hooligans and Mawaalis: Collective Action and the Politics of Public Order in Late Colonial India

In 1938, a communal conflict took place in the city of Bombay. This confrontation between Hindus and Muslims flared into large-scale violence. During the riots, the home minister of the provincial government invoked a combination of laws such as Section 144 of the Code of Criminal Procedure and instituted curfews to control the situation. As a result, hundreds of inhabitants of the city were arrested. The purpose of this article is threefold. Firstly, it will highlight how communal conflict in the late colonial period would often begin over trivial issues but could easily expand into large-scale riots influenced by metapolitical concerns. Secondly, moments of ‘disorder’ facilitated the administrative urge to institute extraordinary laws like Section 144 and curfews. And thirdly, the invocation of extraordinary laws was justified in reference to various problem categories like mawaalis and hooligans in this case. Overall, the article will show that the provincial government led by Indians continued the colonial art of governance by resorting to repression as a significant tool to deal with political unrest.

Decoding the wave particle duality

The action reaction principle (ARP), a fundamental ingredient of Physics, is taken for granted, because it is automatically fulfilled along the ordinary Hamiltonian, classical or quantum, time evolution law. But in quantum mechanics, there is an extraordinary evolution law, the projection of state rule along quantum measurements, which is not Hamiltonian. Consequently, the ARP is not automatically fulfilled along quantum measurements, and it must be checked case by case. Surprisingly, very simple quantum measurements, both theoretical processes and experiments, show an apparent violation of the ARP, so that the hidden reaction must be found. In the analyzed experiment, the ARP is restored if some new system, the quantum or de Broglie wave, exists and locally interacts with the detector. There cannot be interaction at a spatial distance between the particle (photon or electron) and the obstacle‐detector.

Sokağa Çıkma Yasağına İlişkin Emirnameler: KKTC’de Salgın Hastalıkla Mücadelede Olağan Hukuk ile Olağanüstü Tedbirler

A new type of coronavirus epidemic affects the entire world. It requires governments to make quick and impactful decisions that push the limits of the constitutional state. There is no doubt that this period is extraordinary due to the circumstances of the situation and the consequences it produced. However, political power is limited in a democratic state based on the rule of law, whether circumstances are ordinary or extraordinary. Legal boundaries get pushed in exceptional circumstances within the framework of existing rules. Ordinary law must offer appropriate tools to combat extraordinary times. In the absence of these tools, extraordinary law is usually enforced. In the process, the Turkish Republic of Northern Cyprus (TRNC) Government has started to implement rapid measures to prevent epidemics. This study focuses on the legal dimension of the curfew. It reveals the outcome of the cessation of fundamental rights and freedoms without the need for an emergency declaration. The curfew will be evaluated based on the constitutional principles and the constitutionality of epidemic measures taken under the usual law regulations.

Federalism, democracy and the national security state in India

ABSTRACT The constitutional and legal–institutional design of the federal system and process in India, when examined from the lens of national security, shows a distinct trajectory towards centralization. Centralization of power was implicit in the establishment of parliamentary supremacy by the Constituent Assembly of India, which stressed the need for a strong Central Government to address the numerous crises confronting the Indian state. The enactment of a series of preventive detention laws and extraordinary laws to address the crime of terror has led to the accumulation of exceptional powers in the executive at both the centre and in the states. In the competition for exceptional executive power, however, it is the centre that supersedes the states in concurrence with the judiciary. The process of normalization of extraordinary powers has deepened with the establishment of the National Investigation Agency (NIA) as a federal investigation agency, which coincided with the strengthening of the Unlawful Activities Prevention Act, a permanent law to counter terrorism.

The State Response toward the Existence of HTI: An Analysis from Social Movement Study Approach

Abstract As a global Islamic political group, Hizb ut-Tahrir (HT) has experienced many kinds of state coercive responses due its ideas that considered radical and threatening the existing modern political systems. In many places, this group has been rejected and criminalized by regimes either in Muslim majority states or in the Western states. The same experience has also been faced by HT in Indonesia that went through the change of state policy from accommodating to repressive approach. This study will focus to elaborate the response of the Indonesian government toward HTI from the lens of social movement studies by using state repression concept. This article uses the explanatory method analysis and collects data mainly from literature. This article argues that the state has used several methods to repress HT such as issuing an extraordinary law in dissolving HTI; intimidating HTI`s supporters and activists and stigmatizing or discrediting HTI image. As the result, in 2017 Indonesian government dissolved HTI, then HTI became one of forbidden organizations in Indonesia.

Government Responses on Corona and Contracts in Europe: A Compilation of Extraordinary Measures in Times of Crisis

In March 2020, the new coronavirus (Covid-19) outbreak, which was eventually declared a pandemic by the World Health Organization, changed everyday life all over Europe from one day to another. Under those extraordinary circumstances, a wide range of issues concerning the law of contracts are becoming particularly important. During the lockdown and the subsequent reopening of the economy, many European countries have implemented significant and unprecedented measures in response to the current crisis. Against this backdrop, the more fundamental question arises whether and to what extent we need an extraordinary law of contracts in times of pandemic. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), the paper provides for an analysis and discussion of various extraordinary measures taken by European governments and puts these measures into perspective. A functional and comparative approach is used to elaborate on how contract law should respond to the current crisis.

Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 25/PUU-XIV/2016 dalam Hal Perubahan Ketentuan Pasal 2 dan 3 Undang-Undang Nomor 20 Tahun 2001 tentang Tindak Pidana Korupsi

Implementation of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 In the matter of Amendments to the Provisions of Article 2 and 3 of Law Number 20 of 2001 concerning Corruption Crimes and Legal Effects Arising from the Decision of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 in The Amendment to the Provisions of Article 2 and 3 of Law Number 20 of 2001 concerning Corruption. The results of this study are, Opinion of the word "Get" in Article 2 paragraph (1) and Article 3 means "possible", "potential", "can", "not necessarily". If the word "can" is omitted it will weaken Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption, in the case of Corruption categorized as Extraordinary Crime Extraordinary Law law enforcement should be implemented not by weakening the legal basis in eradicating the Corruption.

Rule of Law, Violence and Exception: Deciphering the Indian State in the Thangjam Manorama Inquiry Report

In this article, I draw on Nasser Hussain’s conceptualizations on rule of law, violence, and exception to read the Inquiry Commission Report on the torture and murder of Thangjam Manorama in 2004. While clearly the Commission strongly condemns the torture and murder of Manorama, it continues to represent one of the most serious tensions that exist in the context of the rule of law and emergency that Hussain mentions in British colonial times. The Commission report attempts to resolve the tension between political exigencies and rule of law by restricting itself to being a procedural effort to deal with what is essentially a political and national security regime that ends up being curiously reminiscent of colonial reports. In other words, rather than recognizing the role of extraordinary laws such as AFSPA (Armed Forces Special Powers Act) in creating such situations, the report primarily recognizes procedural violations as responsible for the violence against Manorama. The report then ends up being a paternalistic symbolic act that fails to acknowledge the political authority of the state in conflict areas and the regime of impunity created by the very existence of the laws such as the AFSPA. However, I note that in the postcolonial context, the contestations of hyperlegality also reflect a tension between a rejection of emergency provisions for the Northeast and an inability to embrace excessive violence that the Constitution otherwise prohibits. I argue that the postcolonial state is unable to contain this tension successfully between political exigencies and the rule of law in the Thangjam Manorama case due to the continued demands for accountability by those resisting this law and protesting her and other deaths. Regardless of the intent of the author, the report following this particular death appears to have generated a fissure in the postcolonial legal narrative that reveals the excessive violence embedded in the AFSPA regime that cannot be easily embraced and yet cannot be denied and becoming increasingly difficult to contain and legitimize.

Contagion, counterterrorism and criminology: The Case of France

In the burgeoning criminological literature on security, risk and preventive justice which has followed the 9/11 attacks on the Twin Towers, ‘contagion’ or the deleterious effect of counterterrorist policies on the ordinary criminal law has been the subject of some discussion, mostly in the context of the threat which such ‘exceptional’ policies pose to mainstream procedural values. This article seeks to build on this literature through an examination of the impact of post 9/11 counterterrorism law and policy on the ordinary criminal justice system in France. Given the extent to which counterterrorist law now encroaches on various aspects of French criminal law, the argument is made for greater criminological attention to be paid to the ‘trickle-down’ effect of extraordinary law on the ordinary business of the criminal justice system.

Migrant Rights and Extraordinary Law in India: The Cases of Assam and Jammu & Kashmir

ABSTRACTThis paper provides a new and original perspective on the plight of migrants in India. It incorporates an in-depth and practical analysis of Indian legal policies through the lens of migrant and refugee rights. In examining the extra-legal provisions operating in two of India's borderland states—Assam and Jammu & Kashmir—I show how special legal exemptions in Indian law inherently undermine efforts to protect migrant rights. I argue that these extraordinary laws hinder pathways to justice in three distinct ways: by circumventing international principles of non-refoulement; challenging the jurisdiction of India's Supreme Court; and delegitimising migrant-friendly laws. In highlighting an often overlooked aspect of migrants’ rights issues, this paper brings the human element of India's regional border disputes and related legal mechanisms to the fore.

ПРИЧИНИ РАДИКАЛІЗАЦІЇ СТУДЕНТСЬКОГО РУХУ В ФРН У 1960-Х РОКАХ І УТВОРЕННЯ ТЕРОРИСТИЧНОЇ ОРГАНІЗАЦІЇ ФРАКЦІЯ ЧЕРВОНОЇ АРМІЇ (РАФ)

On the basis of published documents on the activities of the terrorist organization “Red Army Fraction” (RAF) in West Germany during the 70s-80s, the authors highlight the causes that led to the radicalization of the student movement and the transition of activists to the armed confrontation with the police in the name of “City guerrilla” concept. Among the documents mentioned, texts of the RAF members, their manifestos, etc. are avaliable, as well as the articles by one of the leaders of the organization, Ulrike Meinhof, which she wrote for the left-radical magazine “Concrete”. Also there authors used the materials of the German media. In addition, the authors have analyzed foreign and domestic historiography focusing on German-language studies. The conclusions, to which the authors of the article have come, can be summarized as follows. There were three main reasons for the radicalization of the German student movement in the late 1960s. Firstly, the protest spirit and antipathy towards the “conformist” older generation, caused not least by the fact that the governments of the Chancellors Adenauer and Kiesinger were associated with the rehabilitation of former Nazis, so left-radicals saw in their politics the returning of authoritarianism and the militarization of FRG. Secondly, the views of the leftist scholars (such as Herbert Marcuse, Theodor Adorno, Jurgen Habermas, and others) that were popular among young people and reflected, albeit exaggeratedly, the social problems of Germany at that time related to labor migration, property inequality etc. Thirdly, speaking of the internal political context, the authors have underlined the important role of the events that led to a creation of radical groups. Among these events the most important were the protest actions against so called “Extraordinary laws,” the beating of a peaceful demonstration by the police on the 2th of June and the killing of Benno Onezorge, the assassination of the leader of the student movement Rudi Dutschke, the occupations of universities in 1968 etc. Characterizing the foreign policy context, the authors figure out that in the conditions of the bipolar world and the unfolding of the Cold War, the German youth was inspired by the revolutionary movements of the Third World and also by the American youth movement against the war in Vietnam. At the same time, the future German “city guerrillas” were inspired by the images of Che Guevara, Mao Tse-tung, Ho Chi Minh, etc. There is no doubt that they were rather skeptic about the USSR, not considering it as a socialist state, while they were preferring Cuba or Maoist China, because at that time almost nobody was aware of an essence of the “cultural revolution” and Mao’s repressive policy. However, activity of left-radicals in West Germany was still profitable for the GDR government, controlled by Soviet Union, as far as they were trying to use every possibility to destabilize the situation in FRG.

Event-specific ambush marketing legislation for mega-sporting events: an economics perspective

The bid process for hosting mega global sporting events mandates the enactment of event-specific ambush marketing legislation that provides extraordinary trademark law protections for private sports organisations and their official sponsors. Such event-specific ambush marketing legislation, or ESAML, has come under increasing scrutiny by academics and practitioners who question, among other things, the need for such legislation. One of the major areas of concern has become the potential social cost of such legislation that includes restrictions on free speech and curbs on marketplace competition. We apply economic theory as a means to explain why governments have been so willing to enact such legislation.

Ordinary theatre and extraordinary law at the Khmer Rouge Tribunal

This paper examines Cambodia’s current international criminal tribunal (ICT)—the Extraordinary Chambers in the Courts of Cambodia (ECCC)—using a critical geopolitics of justice approach. This approach holds that ICTs necessarily work within an existing geopolitical terrain and that, as public events, they also exceed their formal mandates. With reference to the Cambodian case these two insights are expanded to consider questions of preceding justice and memorial initiatives and the performativity of law and sovereignty. I specifically explore the charge of ‘show trial’ that circulates in international English-language mass media discourse on the ECCC. I argue that this charge unthinkingly revives the geopolitical ostracism of Cambodia that occurred in the period following Khmer Rouge rule and misrecognises the productively theatrical nature of the legal event. There is a critical need to interrogate the normative claim that international criminal justice be ‘not only done, but seen to be done’. This paper calls instead for a recognition of international(ised) legal events in terms of their productive theatricality and performative force.

The Masculinist Security State and Anti-terror Law Regimes in India

The “war on terror” has seen an exponential rise in extraordinary laws enacted for addressing terrorism. These legal regimes for curtailing terrorism enhance the coercive powers of the state. The justification for enhanced powers is two-fold, based on the argument of overwhelming necessity not covered by law, and on the other hand, drawn from the “logic of masculinist protection”, where a strong state is desired for the protection of citizens. An examination of specific cases under the (now repealed) Prevention of Terrorism Act and the Unlawful Activities Prevention Act in India shows that the masculinist security state functions through the enhanced legal powers of coercion, but also on the principle of production of gendered subordinate citizens. Even though all citizens are feminised in relationship with the masculinist state, the laws against terror, while figuring the author of “crimes of terror” in gender-neutral terms, produce gender-differentiated effects. This is brought out in the trial of women accused under anti-terror laws and also in the unfolding of the jurisprudence of suspicion, which works on the principle of association, bringing the family, and often the entire community, within the purview of the security apparatus of the state.

Qualitative Research on Legal Education: Studying Outstanding Law Teachers

This article advocates that law schools and law teachers should use high quality, rigorous, qualitative research to help them make thoughtful changes in response to current challenges facing legal education. Regardless of the type of study, qualitative research involves a five stage process: (1) study design and ethics; (2) sampling; (3) data collection; (4) data analysis; and (5) the research report.This article illustrates each stage of the qualitative research process through a study of outstanding law teachers that was reported in the recent book, What the Best Law Teachers Do. This book is based on a study that was designed to identify the characteristics and practices of extraordinary law teachers who have significant, positive, long-term effects on their students.

Creep and Normalisation: Exploring a Strategy of Social Control

In the post 9/11 world, expansion of extraordinary powers of control through criminal justice is an important area of study. However criminological study of how these powers expand into unintended areas of criminal justice is currently underdeveloped. A few notable authors have set out complimentary templates that can provide basic tools to understanding the processes by which extraordinary laws are normalised into not so extraordinary activity. By analysing, understanding and unifying the existing literature in this area, this article seeks to amalgamate the studies of control creep and normalisation of the extraordinary into one comprehensive school of thought capable of recognising, and analysing unjustified expansion of state power. Furthermore this article will analyse the G8/G20 Meetings in Ontario, Canada to demonstrate how the processes of creep and normalisation have intentionally been used to criminalise legitimate protest.

Analysis of the producer price of Hungarian raw milk in international comparison

Although the dairy market crisis eased in 2011, Hungarian dairy farmers still find it difficult to produce milk profitably. As a result of the crisis, many dairy farmers abandoned milk production or reduced the size of their dairy herds in 2009 and 2010. Today, many of farmers are also considering ceasing production, in spite of the fact that the global dairy industry is facing an upturn. A dairy farm can operate profitablyy in three ways: 1) if it can reach a relatively high level of producer price 2) if it can increase milk production per cow 3) if it can achieve a relatively low cost of production. In the present study, I primarily analyse the development of the Hungarian producer price of raw milk in international comparison. Next, I list those factors which directly or indirectly influence the producer price of raw milk. Finally, I examine the relationship among disposable income, milk consumption and milk price. Since the start of 2009, the dairy market has been confronted with a period of extraordinary law prices. After bottoming out, prices had begun to slowly stabilise during the second half of 2009. By the end of that summer, international prices had started to strengthen and the last quarter of 2009 was characterized by a steady rise in prices. The strong recovery in prices experienced after 2009 was triggered by increased demand, mainly from oil exporting countries, but also from China. The price increase, however, reflected a significant increase in input costs in Hungary; the high level of feed prices and the unfavourable change in the macroeconomic environment must be stressed. The rising excise duty on diesel fuel and the VAT increase had a direct impact on Hungarian dairy farmers. These negative factors have increased the costs of the sector, narrowing the ability of those active in it to operate efficiently.