Formal Jurisdiction Research Articles

Penerapan Prinsip Kehati-Hatian oleh Notaris di dalam Menerima Uang Pemisah Sertifikat dan Pembayaran BPHTB

This research explores the implementation of the prudence principle by notaries in handling land certificate separation fees and BPHTB payments. As public officials, notaries play a crucial role in providing legal certainty and protection to the public. In executing their duties, notaries must maintain integrity and public trust by adhering to UUJN (Notary Law) and PMPJ (Principle of Recognizing Service Users). The study employs a juridical-normative method with legal and case-based approaches, conducting qualitative data analysis. In the acceptance of entrusted funds, notaries are required to ensure client identities, meticulously verify data, and maintain transparency and accountability. Although there is no explicit rule allowing notaries to accept BPHTB payments, some cases indicate notaries receiving funds from clients for these payments, albeit beyond their formal jurisdiction. Notarial responsibilities are based on the principle of error, encompassing actions, elements of fault, losses, and causality. Notarial errors can result in civil, administrative, and criminal liabilities. Therefore, the application of prudence, moral integrity, and compliance with the law are pivotal in preserving notarial responsibilities and public trust in the profession. This study emphasizes the importance of notaries adhering to prudence, understanding their boundaries, and facing legal accountability. Strict supervision and stringent penalties are necessary to raise awareness and deter notarial misconduct. Regulations concerning the notary's role in tax payments need reassessment, and the public should be educated about BPHTB payments to prevent issues with notaries. These measures are anticipated to enhance notarial integrity, public confidence, and legal certainty in Indonesia.
 

Bureaucratic politics in protected areas: The voided power projection efforts of conservation vis-à-vis forest bureaucracies in Patagonia, Argentina

The Protected Areas in Latin America, beyond the preservation of nature, have been central for government control over spatial resources. The weaknesses of the domestic bureaucracies in this region results in a gap between their formal rules and the expected outcomes. Forest management is an issue of competition between production and environmental bureaucracies all over the world. Bureaucracies search for new fields of responsibility, increased budgets and resources for assuring their positions, expanding their territory. The administrative bodies that regulate forests and protected areas can direct the behaviour of subordinate agencies as a power projection strategy to provide formal jurisdiction over forest reserve instruments. Hence, the aim of this study is to analyse the different strategies used by domestic bureaucracies to increase their power in light of a new forest law in the province of Rio Negro, Argentina. Data was obtained through semi-structured interviews with key actors and document analysis using process tracing and actor centred power methodologies. Our results show that, after the approval of the national forest law, the provincial environment administration increased rank and expanded into forest territories. The consolidated presence of a new outpost office gained power and resulted in a rivalry with its counterparts. However, the ongoing changes in the institution’ structure and the production bureaucracy's long-term presence affected the environmental bureaucracy's consolidation leading it to an instability. Moreover, our results strengthened the tourism and real market informal interests behind the weakness of the formal objectives of the environmental bureaucracy’ hypothesis.

Putting the Peter Parker Principle into Practice

Vertical coordination is a significant problem in many if not most countries. These problems are exacerbated in policy implementation related to issues that cut across jurisdictional borders. This paper compares policy implementation in the field of climate change, a quintessential example of such cross-cutting issues. In the context of CO2 emissions reduction policies, the Peter Parker principle states that vertical coordination presupposes not just central government control but also its responsibility. Our contribution to that argument is that the divorce between regulatory authority and formal jurisdiction challenges the principle. The present paper studies how these issues play out in two different types of institutional contexts; those of Germany and Sweden.

Impact of sugar-sweetened beverage taxes on purchases and dietary intake: Systematic review and meta-analysis.

SummaryThe aim was to conduct a systematic review of real‐world sugar‐sweetened beverage (SSB) tax evaluations and examine the overall impact on beverage purchases and dietary intake by meta‐analysis. Medline, EconLit, Google Scholar, and Scopus databases were searched up to June 2018. SSB tax evaluations from any formal jurisdiction from cities to national governments were eligible if there was a comparison between pre–post tax (n = 11) or taxed and untaxed jurisdiction(s) (n = 6). The consumption outcome comprised sales, purchasing, and intake (reported by volume, energy, or frequency). Taxed and untaxed beverage consumption outcomes were examined separately by meta‐analysis with adjustment for the size of each tax. The study was registered at PROSPERO (CRD42018100620). The equivalent of a 10% SSB tax was associated with an average decline in beverage purchases and dietary intake of 10.0% (95% CI: −5.0% to −14.7%, n = 17 studies, 6 jurisdictions) with considerable heterogeneity between results (I 2 = 97%).The equivalent of a 10% SSB tax was also associated with a nonsignificant 1.9% increase in total untaxed beverage consumption (eg, water) (95% CI: −2.1% to 6.1%, n = 6 studies, 4 jurisdictions). Based on real‐world evaluations, SSB taxes introduced in jurisdictions around the world appear to have been effective in reducing SSB purchases and dietary intake.

Judicial and Legal Mechanisms of Adaptation and Integration of the Volga and Ural Regions into Russia in the 16th Century

The aim of the article is to present the results of the analysis of judicial legal mechanisms of adaptation and integration of the Volga and Ural regions into Russia in the 16th century. The scientific analysis was carried out on the basis of published regulatory legal acts and materials of documentation. The author substantiates that the aggregate of legal means used by the supreme authority for legal regulation of social relations in the field of justice in the 16th century took into account the wide variety of political and administrative statuses of the regions of Russia, the sociocultural and ethno-religious specificity of the local population, allowing them to consistently and successfully consolidate them into citizenship and include in the social system. The elimination of “feedings” in the regions of the Northern Urals continued in 1555—1590 from west to east and ended with the empowering of officials with an individual scope of jurisdiction and selective weakening of the traditions of the Zemstvo government. The judicial authority over the indigenous population of the eastern regions passed to special officials: in the eastern part of the Meshchersky region – to Mordovian clerks, in the former Mongol-Turkic khanates — to the Tatar heads. The people of the Southern Urals entered into an exclusive and formal jurisdiction of the Ufa governor.

A New Look at International Law: Gendering the Practices of Humanitarian Medicine in Europe's "Small Wars," 1879–1907

This article examines international law as practice. It explores the ways Geneva Convention rules were implemented in the many armed struggles of the late Imperial age, including colonial and small wars where the law had no formal jurisdiction. Through case studies of several armed conflicts involving British, United States, and German medical staff—placed in the context of the evolving international Red Cross network—it traces the establishment of a hierarchically subordinated but gender integrated nursing corps as a global norm, if not a universal pattern. The article is as much about the methodology of transnational history as about a new approach to law, war, and gender.

Non-State Actors in International Law: A Rejoinder to Professor Thirlway

That we consider the state-based system as best representing the individual is the product of a particular world view. A ‘naturalized myth’ renders inevitable the link between the physicality of the observable landscape and the state as a means of organizing a polity. This myth lingers on in international legal scholarship, although it has been debunked in other disciplines, notably in critical political geography. (Public) international lawyers can learn from their brethren in other disciplines and problematize the territorial state as a contingent political concept. Awareness of the social production of space may allow lawyers to imagine practices of resistance to the spatial status quo, in particular rights of non-state actors in the production of international law, alongside states, and obligations and responsibilities of non-state actors, especially where states have proved unable to properly assume roles of protection vis-à-vis individuals under their formal jurisdiction.

Common Foreign and Security Policy: The Consequences of the Court's Extended Jurisdiction

AbstractDespite the explicit exclusion of its jurisdiction, the Court of Justice of the European Union exercises judicial control over Common Foreign and Security Policy (CFSP). This article examines and explains how the Court's extended jurisdiction contributes to the juridification, judicialisation and constitutionalisation of the EU's compound CFSP structures. It first lays the groundwork by explaining the link between constitutionalisation and democratic legitimation and setting out the Court's formal jurisdiction over CFSP under Article 40 Treaty on European Union and Articles 218(11) and 275(2) Treaty on the Functioning of the European Union. The centre piece of the article then identifies how the Court's jurisdiction has expanded since the entry into force of the Lisbon Treaty, points at additional ‘substantive’ avenues of judicial review on the basis of access to information and access to justice, and analyses the effects of the Court of Justice of the European Union's extended jurisdiction for CFSP.

--------- IP-------- (Legal Framework for Allocation of IP-Addresses)

Russian Abstract: В работе рассматривается существующая система распределения IP-адресов, основанная на международной сети неправительственных организаций. Данная сеть возглавляется американской некоммерческой корпорацией ICANN. Текущий тренд развития системы распределения IP-адресов имеет два направления. Первое касается вывода данной системы из-под формальной юрисдикции американского правительства и предоставление автономии от правительственного влияния любой страны. Второе направление – подчинение системы распределения IP адресов национальным правительствам на паритетных началах (на международный неправительственный уровень либо на правительственный уровень отдельных государств). В работе обосновывается, что попытки национального урегулирования отношений, связанных с архитектурой глобальной сети Интернет, являются технологически неоправданными и отчасти лишенными смысла. Существующие принципы распределения IP-адресов являются гибкими, эффективными и вполне соответствуют потребностям Интернет-сообщества. English Abstract:The paper examines current system of IP-addresses allocation based on an international network of non-governmental organizations. This network is headed by the American non-profit corporation ICANN. The current trend for development of this system has two main directions. The first one is putting this system out of the formal jurisdiction of American government and granting autonomy from governmental influence of any country. The second one is the subordination of the system to national governments on a parity basis. Some countries attempt to regulate the aspects of IP-addresses allocation in their national legislation. The paper argues that the attempts of national settlement of issues concerning the architecture of the global Internet are technologically unjustified and meaningless. Existing principles for the allocation of IP addresses are flexible efficient and perfectly suited to the needs of the Internet community.

Legal Pluralism and the English East India Company in the Straits of Malacca during the Early Nineteenth Century

During the early nineteenth century, the English East India Company (EIC) was in a state of transition in Penang, an island in the Straits of Malacca off the coast of the Malay Peninsula. Although the EIC had established strong ties with merchants based in Penang, they had failed to convince the EIC government in Bengal to invest them with more legal powers. As a result, they could not firmly extend formal jurisdiction over the region. The Anglo-Dutch Treaty (also known as the Treaty of London) that officially cemented EIC legal authority over the Straits of Malacca, was not signed until 1824, bringing the three Straits Settlements of Penang, Malacca, and Singapore under EIC rule officially in 1826. Prior to that, the EIC imposed their ideas of legitimacy on the region via other means, mainly through the co-optation of local individuals of all origins who were identified as politically and economically influential, by granting them EIC military protection, and ease of sailing under English flags. Because co-opted influential individuals could still be a threat to EIC authority in the region, EIC company officials eradicated competing loci of authority by discrediting them in courtroom trials in which they were treated as private individuals. All clients in EIC courts including royal personages in the region were treated like colonial subjects subject to English Common Law. By focusing on a series of trials involving a prominent merchant named Syed Hussain Aideed from 1816 to 1821, this article traces how EIC legal authority became pervasive at the eastern end of the Indian Ocean by the early nineteenth century without actual territorial conquest.

Separatist states and post-Soviet conflicts

Even the most casual glance at a map of the world provides the onlooker with a satisfying sense of completion: the globe has been divided up into legally equal sovereign states, and all territories and peoples fall under the jurisdiction of one or another of these units. The world is a complete matrix of colours and lines that leaves nothing to chance. The blank spots have been filled in. The map of the former Soviet Union conjures a similar satisfaction. Fifteen new states emerged from the Soviet collapse. All of the territory has been divided up. Formal jurisdiction has been claimed across all of the post-Soviet space. At least, so it seems.

Energy and the New Constitution

The Constitution Act, 1982 contains two natural resource provisions which amend the British North America Act. On the face of these provisions, the formal jurisdiction which provinces can exercise over natural resources in general, and over onshore oil and gas in particular, has been substantially bolstered. It is unclear, however, whether these provisions add very much substantively to the powers the provinces possessed (or were exercising) prior to the passing of the Constitution Act, 1982. This paper will analyse the new natural resource provisions to determine how they will affect the jurisdiction provinces will have over the future development of onshore oil and gas, and the revenues to be derived therefrom.