Formal Rights Research Articles

The Role Of The Supervisory Council Notary Territory In Providing Legal Protection For A Notary Who Have Violated The Law Of The Deed Made

The purpose of this study are 1) To clarify the role of the supervisory council notary territory in providing legal protection for a notary who have violated the law of the deed made. 2) To explain the regulatory obstacles and constraints assemblies notary territory in providing legal protection for a notary who have violated the law of the deed made.This research method is a normative juridical research is normative juridical method is the study of writing a good document that we study the norms and principles. Specification used in this study is a descriptive analysis, which is intended to give the data as accurately as possible about a situation or other symptoms. Based on the results of the study concluded thatLegal protection of the Notary, among others in the form of right of refusal, the obligation to reject and exclusive rights when summoned for questioning by investigators, prosecutors or judges, which is subject to approval of Honorary Council of Notaries of Regions as the provisions of Article 66 paragraph (1) of Act No. 2 2014 which has now been changed to Article 66 paragraph (1) of the Constitution of the Republic of Indonesia Number 2 Of 2014 concerning the Amendment to Act No. 30 of 2004 concerning Notary. Disagreement about the duties and responsibilities as a Council of Trustees Notary region between elements and bustle of every member of both government, notary, and academics to create obstacles during the examination and supervision of technical and administrative poorly in the recording report came from the community often happen, so data on the notary who has not and has been declared missing by the officials working at the Ministry of Justice and Human rights is also one member of the Supervisory Council of notaries, and only the remaining 1 data is still there on the notary who has been in the process by the Supervisory Council of notaries.Keywords: Regional Supervisory Council; Notary; Legal Protection; Notary; Law Violations; Deeds.

(Dis)placing the Law: Lessons from South Africa on Advancing U.S. Asylum Rights

As the administration vastly erodes asylum rights in its efforts to reshape the immigration landscape, advocates are taking the battle to the courts. But their legal victories may have little impact on the lived realities of asylum seekers. Asylum seekers face continuing obstacles in accessing legal guarantees because, outside of the formal legal space, the law operates within a sociopolitical context that mediates access to rights. Frontline bureaucratic actors who interact directly with asylum seekers have considerable autonomy to implement their own more localized understandings of rights and justice, understandings that may, in turn, reinforce centralized policy preferences. While these frontline actors generally mediate interactions between the citizen and the state, asylum seekers stand outside of the political community defined by citizenship. The fact that the rights holder is external to the political community upon which they are making claims creates more space for frontline actors to displace formal legal rights and may limit the reach of judicial decisions. This paper focuses on the actions of frontline, or street level, actors and the efforts of an intransigent executive, characterized by hostility to the legal framework, to show how centralized (executive) and decentralized (street level) processes work in concert to circumvent legal guarantees. An intransigent executive whose policy interests diverge from the legal framework may create more opportunities for autonomous bureaucratic actors on the frontlines to implement their own legal understandings. The argument contextualizes emerging developments in the US by looking to South Africa. Despite highly progressive refugee legislation, street level actors implementing more localized understandings of rights and justice have prevented asylum seekers in South Africa from accessing their legislated rights, a process that converges with and is reinforced by national level policy preferences. Similar dynamics are now at work in the US as the Trump administration significantly alters the asylum system. Understanding these dynamics can lead to more effective judicial remedies. The argument reveals that these processes can affect the implementation of legislated and judicially recognized rights not just in emerging democracies, but also in established democracies where there rule of law is highly institutionalized. It also informs global discussions around refugee protection as countries around the world adopt similar strategies to limit asylum rights.

Wybrane regulacje Kodeksu spółek handlowych w świetle konstytucyjnego modelu ochrony własności

The article confronts specific solutions adopted in the Code of Commercial Compa-nies and Partnerships with the patterns of the constitutional control of law resulting from the Constitution of the Republic of Poland in the form of the right of ownership. Its aim is to answer the question whether the constitutionality of commercial law institutions should be assessed autonomously, taking into account the specificity of commercial companies law. The author puts forward a thesis that just as there is a principle of autonomy of commercial law within the principle of unity of civil law, within the framework of constitutional law, the regulations of law and commerce also have autonomy which influences the process of assessing the conformity of particular subjects of control with the models defined in the Constitution of the Republic of Poland. As one of the specific elements of commercial law in relationto the Constitution, the necessity of weighing the opposing interests of the same good, i.e. the right to ownership is pointed out. The paper discusses in detail the institution of forced buyout (squeeze-out) in the context of the judgment of the Con-stitutional Tribunal (Case No. P 25/02). The issue of legitimacy to appeal against the resolution of the General Shareholders Meeting of a company from the point of view of the right of ownership is also discussed. In the author’s opinion, the right to appeal against the resolution, which prima facie at the constitutional law level could be associated with the constitutional right to a court, takes the form of a corporate right of a shareholder resulting from a constitutional right of ownership, of which a share is one of the forms. Therefore, it has a derivative character. The considerations contained in the text lead to the recognition of the admissibility of an autonomous interpretation of company law regulations when assessing their compliance with the Constitution. When assessing constitutionality, the legal char-acter and specificity of the subject of control should be taken into account.

Human Rights of Elderly: An Emerging Challenge

Human rights are those inalienable rights which a human being inherits from the very virtue of his birth. Such rights are envisaged with the entire human race regardless of age. But in the last few decades, human beings have inculcated a new form of discrimination i.e. age discrimination. The elderly persons due to the biological process of ageing get infirm and dependent which sets them apart from the rest of the population in need of special protection of their rights. Although the governments of several nation-states have implemented legislations protecting the basic rights of the elderly persons but have not be able to successfully achieve the objective for implementing such legislation. This study was flagged of with the hope of bringing about positive legislative changes with regard to the protection of the rights of the elderly. The study is conducted by two individual advocates, committed to the cause and pains of elderly population. The study in its initiation assesses the definition of elderly person and the parameter to determine them. The is designed in a way to give an outlook to the problems of ageism, what measures the international community has taken to protect the rights of the elderly persons in general. Further, the study stresses various key areas for responses to the challenges as strengthening the international protection regime such as elimination of the right to fair and expeditious judicial determination, right to family life, right to privacy, employment discrimination, establishing adequate care facilities and their political rights. The study concludes with the enumeration of the possible responses that can be enforced to initiate the desirable changes. The suggestions and recommendations put forward in the study give an insight about the forms of rights and the discrimination based on age and further gives recommendations for strengthening the protection regime of the rights of the elderly population. A substantial commitment to research is needed to inform and guide a caring society as its aim to cope with the challenges ahead.

Jurisprudence of Legal Rights and Duties

Rights and justice are interchangeably used in many respects, which are entitled by the person who can carry it. Justice administration is established for the protection of rights and continuity of duty. Jurisprudence deals with the issues of rights or duty. All legally permitted actions are rights whereas duty refers to no wrong. Respect to the right holder is the duty. There are human rights, fundamental rights, legal rights, and moral rights etc. Elements of Legal rights are subject of right, subject of duty, content of right, acts, and title. There are three theories of rights and duties as will theory, interest theory and state protection theory. Will theory accepts every person as sovereign in micro level, interest theory regards rights as legally protected interest and obligation and state protection theory assumes that all the rights are the concession granted by the state through law. Hence, legal rights can define as right in rem and right in personam, personal right and proprietary right, positive right and negative right, principal right and accessories right, perfect right and imperfect right, right in repropria and right in realiena, vested right and contingent right, legal right and equitable right, corporeal right and incorporeal right, antecedent right and remedial right, primary right and secondary right, fundamental right and legal right etc. Duty exists where right exists so the classification of legal duty is similar as legal rights. Stoics followed the concept of religion as humans have only duty but not of rights. Duguit also argues for same. For the Scandinavian Realist, rights, duties, obligation and justice are metaphysics; so they are meaningless. However, there are both right based approach and duty based approach accepted in contemporary society. Rights and duties are crucial part of legislation and case law. Ultimate purpose of law is either determining rights or duties. According to Hohfeld, rights and duties are classified into jural correlative, jural contradictory and jural opposite. There are vivid forms of rights i.e. claim/rights, liberty/privileges, power and immunity whereas forms of duty varies as duty, no right, liability and disability etc. However, all the jurisprudence addresses the method of determining rights and duties of the people. For Dworkin, a right performs as a trump and for John Rawls it refers to liberty and distributive justice. Nevertheless, rights and duties are essential building blocks of legislation and case law to resolve dispute among various parties and essence of the law.

Where did the Donoghue v. Stevenson Decision Come From? A Jurisprudential Inquiry

Is the concept of law primarily about taking rights seriously or a sociological process which produces a rule of recognition? Are Judges either Herberts or Hercules or they are simply consciously looking out to enforce values that have gone through the washing machine and consequently seeking stability, certainty, and following precedents? When judges depart from this role how far should they go creating new forms of rights even if that will disturb the natural order of society? The UK Supreme Court decision in Donoghue v. Stevenson was a landmark precisely because it extended the boundaries of torts and contract law; completely upending the principles of privity of contract and the traditional conception of the torts of negligence. In this essay, I will attempt to use Hartian ‘rules of recognition’ and Dworkinian ‘principles’ to explain how the Law Lords navigated the strict structures of legalism to arrive at a very fundamental ‘neighborliness principle’ that continues to be expanded so long as there is an established duty of care; a breach of that duty; and injury suffered.

The Development of Intellectual Property Strategy in New Venture Creation

Recent years have seen an increasing interest in intellectual property (IP) strategy and its relation to business strategy. While greatly advancing our understanding of the use and efficacy of different IP rights, most research so far has been solely focused on formal rights, especially patents. Moreover, strategic decisions around IP are often implicitly treated as isolated events, taken by rational decision makers in a relative vacuum. In this paper, we explore the evolution of IP strategy in early venture creation through a case study of 7 startups. By describing the development of the startup, focusing on decisions taken along the way in terms of motives, and outcomes, this study shows how IP strategy has both planned and emergent components. The resulting strategy is a consequence of both causation and effectuation behaviors on the part of startups, and IP decisions are both outcomes of strategy episodes as well as inputs for the next. In this manner, we add to the literature on IP strategy by shifting the focus from content to process and highlighting the importance of interdependencies between IP decisions in shaping IP strategy.

‘Dayak, Wake Up’

Abstract Struggles over land are a vibrant issue in today’s Indonesia and especially pressing in Central Kalimantan, as it is the new frontier of coal extraction. The mining areas overlap with the land used by ethnic groups, all subsumed under the term ‘Dayak’. Linking to ethnic revitalization since the 2000s, the Dayak Misik (Dayak, wake up) scheme promises ‘indigenous Dayak’ to secure formal rights to land. In the framework of what I call ‘frontier ecologies’, members of the ethnic group Murung implemented the scheme and may be successful in securing access and rights to land in the future. However, the semi-nomadic Punan Murung rejected the programme because it contradicts their dynamic approach to space in the framework of place-based, interrelated ecologies. Thus, essentializations and instrumentalizations of ethnicity and the constitution of space affirm current hegemonial notions of land and indigenous rights, in which either people or plurality are excluded.

The making of gendered ‘migrant workers’ in youth activation: The case of young Russian-speakers in Finland

The article focuses on young Russian-speaking migrants’ day-to-day institutional encounters with labour market activation policies in Finland. The analysis contributes to the discussion on labour activation through analysing the workings of gender, migration and racialisation in welfare encounters through ethnographically grounded research. The argument of the article is two-fold. First, it argues that migrant and racialised minority populations are sustained in a ‘migrant worker’ subject position not only through exclusion from rights and legal status, but also through the targeted inclusion of the ‘undeserving’ poor with formal rights into worker-citizenship through workfare. Second, the article shows racialisation of ‘migrant workers’ as a gendered process with essentialised gendered logics of what skills migrant men and women supposedly possess ‘naturally’. Activation thus maintains and exacerbates the segregation of migrant and racialised youth into gendered and racialised labour markets. The analysis is based on ethnographic fieldwork in youth career counselling in a metropolitan area of Finland in 2015–2016.

Aspek Hukum Hak Cipta Terhadap Buku Elektronik (E-Book) Sebagai Karya Kekayaan Intelektual

Intellectual Property Rights basically have economic value. Therefore it is not excessive if the results of human intellectual work are given adequate legal protection. Through this way Intellectual Property Rights will get a decent place as one form of rights that has economic value. E-Book is included as a protected work because it is an adaptation of the initial creation in the form of a book that each has its own copyright after being realized in a real form.

WHEN WILL EURIDICE SPEAK AT LAST?

For the author of the essay When Euridice will speak at last feminism is the eternally negative approach towards patriarchate, which was born with it. It is characteristic that problems mentioned in “Lysistrata” or “As- semblywomen” by Aristophanes in the 5th century BC are identical with the demands of contemporary feminism. Its successes in the 19th and 20th centuries concerning the formal emancipation of women’s rights, in the long run are both meaningful and illusory: the culture of patriarchate while granting women the voting and other rights did not change its pa- triarchal principle, it just alleviated its repressive character on a small fragment of the Western culture, though in this zone of the biggest wom- en’s freedom the forgotten disputes about the rigours of the patriarchate all the time come back to life. The paradigm of the fundamental way of thinking about the world remains unchanged, while the approach to women is just its embodiment. Patriarchate is the means of treating the world as a collection of objects to be used, it is not only an approach towards women. The contemporary culmination of the Western culture as a technological civilisation reaches its limit, whose crossing threatens with a total disaster even in the most optimistic scenarios. In this context the author of the essay perceives feminism as a huge possibility, as one of more important movements in civilisation and culture, which not only will fight for formal rights, but rather for a change of the thinking paradigm from object-oriented to sub- ject-oriented. Euridice – the silent-for-centuries subject of lost love – has to start speaking.

El juez humanista: el nuevo guardián del derecho en el paradigma neoconstitucional

Los cambios vertiginosos que trajo consigo el fenómeno de mundialización de los derechos humanos impulsaron una apertura semántica del concepto de derecho. Esto conllevó a que no sólo comenzara a diferenciarse el “derecho” de la “ley”, sino también el modo de interpretar las normas. Es así que se produjo el pasaje del Estado constitucional al actual Estado democrático de derechos humanos regido por el paradigma neoconstitucional. A partir de este pasaje, las esferas del Estado fueron amoldándose a los nuevos requerimientos. El rol del juez también se vio modificado, porque ahora su dirección del proceso deberá garantizar la tutela judicial efectiva, concepto elástico y progresivo. Es así que deberá tener en cuenta todas las aristas que se proyectan del derecho de acceso a la justicia en forma de derechos y principios, y que permiten la flexibilización de las normas para resolver el caso particular de modo humanizado.

Living the long-term consequences of Thai-Western marriage migration: the radical life-course transformations of women who partner older Westerners

ABSTRACTThis article examines how relationships between Thai women and older Western men transform over the long-term, from a woman’s perspective. We present a model that identifies stages in the life-cycle or ‘narrative arc’ of a long-term partnership. This framework allows us to study how negotiated exchanges (material, emotional) between the couple evolve in ‘stages’ over time, and the degree to which a woman is empowered from her initial position of relative subservient dependency. We examine three factors that shape her relative autonomy in a partnership in ways that can result in greater security, wellbeing, and status. First, increasing access to individual formal rights (primarily through marriage) can lead to relative financial independence and security. Second, differential ageing in a couple can shift the balance of dependency as he becomes relatively infirm. Third, her changing obligations to natal family members, balanced with caring for her partner, can importantly shape her wellbeing. The study is based on 20 biographical interviews with women in partnerships for 7–30 years. We find that almost every aspect of a woman’s life transforms radically. Most consider it a worthwhile life-strategy, but many suffer hidden psychological costs as a result of living this ‘unintended transnationalism’ over the long-term.

Black Litigants in the Antebellum American South by Kimberly M. Welch

Reviewed by: Black Litigants in the Antebellum American South by Kimberly M. Welch W. Caleb McDaniel (bio) Black Litigants in the Antebellum American South. By Kimberly M. Welch. (Chapel Hill: University of North Carolina Press, 2018. Pp. 306. Cloth, $39.95.) Kimberly M. Welch ends Black Litigants in the Antebellum American South with the story of how it began, with digging through rotting documents stored loosely in boxes or garbage bags and dusted with the droppings of various pests. The book is based on Welch’s study of over one thousand civil lawsuits filed by black litigants between 1800 and 1860 in the Natchez district, defined here as Adams and Concordia Counties in Mississippi and Iberville and Point Coupee Parishes in Louisiana. To find those lawsuits, she traveled not only to established archives, but also to [End Page 464] courthouses and storage sheds where she found crumbling nineteenth-century legal records stashed and still folded in three, largely forgotten even by the clerks who possessed them. What Welch found in those previously unexplored records is a story that, she argues, historians have also forgotten: in the antebellum South, black litigants frequently entered courtrooms to pursue damages, to recover money they had loaned to white defendants, to enforce contracts, to petition for divorce or family recognition, to report kidnappings, and to sue for freedom. Many black litigants succeeded by appealing both to their local reputations and to their rights as property holders. Welch uses these findings to argue that relations between white and black residents in the Natchez district were more complex than a simple case of total domination, on the one hand, and total subordination, on the other. She challenges Eugene Genovese’s view of antebellum southern courts as “instruments of white hegemony” (13) and joins more recent legal historians, including Ariela Gross and Laura Edwards, in arguing that the courts were never fully controlled by any one group. For Welch, law ultimately “reflects the messiness and the contradictions of local communities and lived experience” (13). To be sure, while hundreds of black litigants succeeded in Natchez district courts, those same courts protected slaveholders’ property rights and ordered auctions at which people were sold. But courts sometimes became an “arena of possibility” in which black litigants could claim rights, enforce those claims even against white defendants, and somewhat improve their living conditions (166). In these “fleeting, hard-won moments of recognition,” black litigants turned inconsistencies and tensions within the southern legal system to their momentary advantage (59). Instead of focusing on what white southerners would allow, Welch focuses on what black litigants actually said and did to advocate for their interests. This book belongs to a growing body of scholarship on black litigiousness in the American South, both before and after the Civil War. Like Anne Twitty’s Before Dred Scott: Slavery and Legal Culture in the American Confluence, 1787–1857 (2016) and Kelly Kennington’s In the Shadow of Dred Scott: St. Louis Freedom Suits and the Legal Culture of Slavery in Antebellum America (2017), which examines approximately three hundred freedom suits in antebellum St. Louis, Welch’s work demonstrates the importance of looking at local courts for evidence of how the law worked in slave states. (Welch’s database includes roughly 128 freedom suits, about half of which were successful, but the bulk of the suits she surveyed involved free black litigants.) In Natchez, as in St. Louis, law was a part of daily life, and knowledge about the law was widespread [End Page 465] among black southerners, free and enslaved. Welch even found at least two cases of free black men appearing as attorneys of record before courts, despite being unable to sign their own names. “While many people of African descent in the slave South could not and did not go to court,” she writes, “the legal activity of people of color—their claims-making and self-advocacy—had a long and robust history . . . that did not begin with the Thirteenth and Fourteenth Amendments and the extension of formal rights” (192). Indeed, together with Martha Jones’s Birthright Citizens: A History of Race and Rights in Antebellum America (2018) on free black litigiousness in antebellum Baltimore...

Land certification and schooling in rural Ethiopia

This paper investigates the impact of a rural Ethiopian land certification program on schooling. Our hypothesis is that formal property rights facilitate land inheritance, reducing the net benefit of schooling for children who will inherit the land. Formal rights also decrease the need for activities to secure continued access to the land, reducing the cost of schooling for all children. The results suggest a positive overall effect on school enrollment. However, grade progress of oldest sons, who are most likely to inherit the land, worsens. Our complementary analysis on child labor suggests a differential impact in the two zones studied.

Application of Proportionality Principles on Creditor and Debtor Interests in Banking Credit Agreement

his paper describes the application of the principle of proportionality to the interests of creditors and debtors in the credit agreement of the bank, and the legal protection on the interests of creditors and debtors in the credit agreement banking. The research method focuses on the study of library research with qualitative data on library materials or secondary data, based on the prevailing laws and regulations in Indonesia on Banking, Consumer Protection and Mortgage Rights. The results show that the application of the principle of proportionality in the credit agreement of a bank to the interests of the creditor and debtor is the recognition of the existence of the rights of the parties manifested in the provision of equal opportunities in the exchange of interests in forms of rights and obligations. Thus, the application of the principle of proportionality to the position of the creditor and debtor in order to be equal in the credit agreement of banking it must use the principle of freedom of contract.

Critical assessment of implementation of the Forest Rights Act of India

Under a centralized forest management system dating back to the start of the British colonial regime, forest-dwelling communities across India were denied formal rights to access forest resources, while large tracts of forest land were degraded or deforested. Enacted in 2006, The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, better known as the Forest Rights Act, was a landmark piece of legislation in India. Its attempt at righting a “historic injustice” and “strengthening the conservation regime” through recognition of forest dwellers’ right to sustainably use and manage forests is significant for socioeconomic, political and ecological reasons. Beyond implications for people and forests of India, the Forest Rights Act represents an important case study that informs analysis of a global trend toward decentralization of governance of forests as well as rights-based approaches to development. This study analyses implementation of the Forest Rights Act across India for the period 2008-2017. We examine rates of formal distribution of rights claims at the level of individual states, and we try to explain variance across states through reliance on political, economic and ecological considerations. In trying to make sense of the large variation in the outcomes of claims made under the Forest Rights Act across states, we find that extent of forest cover is positively associated with rate of distribution of claims, and presence of left-wing extremism is positively associated with claim rejection rates. These findings indicate constraints to wider and more even formal implementation of this legal foundation for development, and they highlight important governance tensions underlying prospects for environmental conservation through decentralization of forest management authority.

The Politics of Belonging: Exploring Black African Lesbian Identity in South Africa

This article explores black African lesbian identity in South Africa and how lesbian women understand belonging. This is a contentious subject matter and is situated within a long history of heteronormativity and homophobia on the African continent, as well as the influences of colonialism and contemporary society. This history of heteronormativity and homophobia, combined with the Civil Union Act that gives South African lesbians and gays formal rights to marriage, has resulted in narratives in which contemporary black African women unravel the contradictions and emotions embedded in their struggles for belonging and identity in post-apartheid South Africa. Â

Pembatalan Hak Merek Yang Telah Dijadikan Jaminan Fidusia

Trademark as a part of intellectual property rights in essence is a sign to identify and distinguishing a product that made by a company with other products in the market. Trademark must be registered to gain a legal recourse in the form of Rights Over Trademark. However a registered trademark can still be nullified, based on a certain adequate evidence the registered trademark cannot fulfilled the absolute grounds or relative grounds. In furtherance, nowadays trademark legally feasible to be registered as a collateral. And as for the most accurate form of the collateral itself according to the law shall be registered fiduciary guaranty.

Relational Contracting and Business Norms in Entrepreneurial Finance

Contracts between parties who have an on-going relationship often rely on informal norms, rather than formal legal rights, to resolve disputes and reduce transaction costs. Investors financing startup firms, however, may need to look outside of their existing network to find an entrepreneur with an innovative business plan. The search for innovation poses a challenge for relational models of contracting and may limit the effectiveness of social norms in entrepreneurial settings. Recognizing a tension between innovation and social embeddedness, one might expect to see greater use of arms-length contracting, especially when an investor finances an unknown entrepreneur. By contrast, I argue – using examples from angel/VC financing arrangements – that the tension between innovation and social embeddedness is resolved not through arms-length contracting, but rather by bolstering the network position of the unconnected entrepreneur through third-party intermediaries and staged financing. Third-party intermediaries – such as lawyers, board members, managers, scientists, and other entrepreneurs – are able to transform the relationship between the entrepreneur and investor by serving as ‘matchmakers’, ‘chaperones’, and ‘arbitrators’. These mechanisms allow entrepreneurs and investors to commit to informal business norms, even though the parties may have no pre-existing relationship. This study extends the literature in relational contracting and in entrepreneurial finance. Furthermore, my analysis suggests that studies of financial contracts, which focus exclusively on formal terms may overstate the relevance of holdup problems in the allocation of control rights.