Juridical Instruments Research Articles

Aspek Hukum Penanganan Pasien Tuberkulosis Berbasis Perlindungan Hak Asasi Manusia

Handling of tuberculosis patients in a legal context based on the protection of human rights has been carried out through juridical instruments in various laws and regulations. However, the complexity of the challenge of providing effective care while respecting patient rights is often overlooked. This research uses a normative juridical research type, with a statutory and conceptual approach. Library collection of legal materials. Analysis uses qualitative descriptive. Research results: (1) Protection of human rights in treating tuberculosis patients is carried out by considering ethics and legality governing access to health services, patient privacy, and participation in decision making. (2) Policies that are more inclusive and sensitive to patients' human rights, including community empowerment and increasing awareness about tuberculosis, are needed to increase the effectiveness of tuberculosis treatment while respecting individual dignity and rights. The implication is that there is an integration of human rights principles in the regulations for treating tuberculosis to achieve sustainable and fair health goals for all.

PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUR SIPIL NEGARA DALAM KASUS TINDAK PIDANA KORUPSI

This study aims to analyze the dishonorable dismissal of state civil servants in corruption cases. This type of research is the type of research used is normative juridical research. The approach used is) in this study, namely the statutory approach (statute approach), case approach (case approach), and conceptual approach (conceptual approach). The results of this study are based on the original intent of the former of Law no. 43/1999, the Government's interpretation, and the interpretation of the legal norms of PTDH civil servants who committed criminal acts of office before the entry into force of the ASN Law, the enforcement of administrative sanctions does not have to be dishonorably dismissed as civil servants, but becomes the discretion of the PPK. PPK assesses and considers whether to be dishonorably discharged, honorably discharged not at his own request, or not dismissed with or without imposition of disciplinary punishment by taking into account the factors that encourage civil servants to do this and paying attention to the severity of the criminal sentence imposed. SKB 3 of the Minister is a policy regulation issued as an implementation guideline for PPK which regulates the honorable or dishonorable dismissal of civil servants who commit criminal acts of office crimes or crimes related to their positions based on court decisions that have permanent legal force. Second, the SKB 3 Ministers can be qualified as a legal juridical instrument (rechtmatig), unless it is enforced backwards (terugwerkend).

Nel solco della tradizione: il Sant’Uffizio custode della fede e dei costumi durante il Pontificato di Pio XII

This contribution hopes to be a sort of mental voyage through the doctrinal, and other, works of the Holy Office. This short journey will attempt to describe the activity of the Dicastery, by examining the juridical instruments that dictated its rules and the rhythm of its daily life. It seeks to recount the activities and diverse matters examined by the Holy Office, with particular attention to the pontificate of Pius XII, by examining the various series present in the Archive of the Holy Office – in particular, Censura librorum, Rerum variarum, Dubia varia and Devotiones variae.

Digital Rights in Europe After the Entry Into Force of Regulations for the Protection of Personal Data: Before and After the Right to Be Forgotten

This article opens with an analysis of the scope of the protectable legal right to be forgotten, since this must be understood not only in relation to the right to erasure. The right to be forgotten is much more complex, as it needs to cover a wide range of situations. The article proceeds by outlining the main jurisprudential milestones that prefigured the right to be forgotten in the predigital age, considering the Costeja case as a major tipping point. The article goes on to focus on the ambit of the European Union (EU), initially by studying the meaning and impact of the new general data protection regulations that have been in force since May 2018. Subsequently, it analyzes how some EU member states have incorporated this new juridical instrument. Spain, which has updated its legislation in this area in order to fully comply with EU requirements, is a particular focus.

The Optimization of Environmental Policy to Achieve Sustainable Development Goals

In fact, environmental issues have a high complexity. With the existing scope, it seems that the juridical instrument for enforcing environmental issues, namely environmental law, becomes an urgency in order to realize environmental integrity for sustainable development. These legal arrangements are needed to regulate environmental management so that the community has a legal basis that is used as a guide in environmental management based on sustainable development. If you look at the existing reality related to environmental law instruments, the existing regulations on environmental law are prepared by following the needs of environmental protection and integrity. The research method used in this research is normative-juridical which is done by examining library materials or only secondary materials. In relation to the problems presented, it leads to the conclusion that the regulation of environmental law itself has experienced quite a significant development. However, with this significant development, there are still various problematic environmental issues which make the validation of environmental law instruments, which instruments are still weak in enforcement so that they have not been able to provide implications for efforts to fully achieve the predicted sustainable development goals

Research on easement for environmental protection

The servitude conservation system, originating in the United States, is a juridical instrument devised to safeguard the ecological and anthropological value of the environment. In implementation, this system has flourished in the United States due to its emphasis on autonomy of intention. This has infused new vigor into the US environmental conservation system and provided a novel perspective for traditional government-led environmental conservation endeavors. From a comparative jurisprudence standpoint, this article scrutinizes various servitude conservation system from countries including America, Russia, Chile, and France. The objective is to ascertain whether a similar system could be successfully transplanted into China's current national conditions.

The Role of Village Government In Overcoming Environmental Pollution Caused by Tofu Factory Waste

Environmental problems cannot be separated from human activities themselves which cause damage to nature and has very broad consequences for human and animal life. Environmental damage is caused by a business that is only concerned with profits, ignoring the consequences of its production which can pollute the surrounding environment. The research method used by the author in studying this problem is normative juridical. using a statutory approach. The problem that occurred in this study was the emergence of a pungent odor and damage to the irrigation river ecosystem caused by this tofu factory waste. And there is no business permit or environmental permit from the tofu factory. The issues raised are 1. What is the role of the Village Government in dealing with environmental pollution caused by this factory waste? 2. What are the Pesa Government's efforts regarding environmental pollution caused by tofu factory waste. In conducting this research the authors used a normative juridical research method. The results showed that the role of the village government in overcoming environmental pollution caused by tofu factory waste generally has 3 roles, namely as a facilitator, motivator, and mediator. Such responsibility is limited to a formal existence. However, it must still refer to the provisions stipulated in Law Number 32 of 2009 concerning PPLH and Regional Regulation 11 of 2019 concerning the Nganjuk PPLH. Permits are a juridical instrument used by the government as a system for managing conditions in people's lives that must be obeyed by all people to control activity so that their business has strong legality. By completing a business permit and environmental permit, the business complies with the law

THE IMPLEMENTATION OF SPATIAL PLANNING POLICIES IN REGIONS IN REALIZING GOAL NUMBER 11 OF THE SUSTAINABLE DEVELOPMENT GOALS

Spatial planning is a juridical instrument for environmental protection and management which is then used as one of the main focuses of the United Nations in the Sustainable Development Goals. However, Indonesia, which is currently focused on development and accelerating the investment, results in frequent actions that neglect the use of space and the environment. This formulation of the research is the problem regarding the implementation of spatial planning policies in the regions in order to realize goal number 11 of the Sustainable Development Goals. The purpose of this study is to examine the implementation of regional spatial planning policies in order to realize goal number 11 of the Sustainable Development Goals. The paradigm used is critical legal studies with qualitative research and using socio legal research approach. The results of the study found that problems regarding the implementation of goal number 11 of the Sustainable Development Goals in Majalengka Regency still meet some obstacles because Indonesia, which is currently focused on the development period and accelerating investment, made Regional Regulation Number 11 of 2011 concerning Spatial Plans for Majalengka Regency 2011-2031 no longer implementable as a policy product that has been implemented by the Regional Government of Majalengka Regency.

ADMINISTRATIVE SANCTIONS AGAINST ABUSE OF AUTHORITY IN THE ENVIRONMENTAL LICENSING SECTOR BASED ON POSITIVE LAW IN INDONESIA

Administrative sanction is a legal instrument used within the scope of state administrative law. Provisions regarding administrative sanctions are contained within the scope of state administrative law, one of which is contained in the rules regarding licensing. Permit is the most widely used juridical instrument in the scope of administrative law. In carrying out an activity carried out by the community, it must be related to the environment because the environment is an absolute part of human life. In practice, there are several phenomena of granting Environmental Permits that are contrary to laws and regulations which are indications of abuse of authority, but the application of administrative sanctions is not implemented properly. This research uses normative research method with analytical descriptive method. The results of the study conclude that the administration of administrative sanctions regulated in the government administration law against government agencies or officials in committing acts of abuse of authority has not been implemented because administrative sanctions are applied using civil servant disciplinary penalties.

Nuove forme giuridiche del vivere collettivo: la fondazione di partecipazione nell'ambito del terzo settore

Due to the dynamism of contemporary events, jurists are called to embrace new juridical instruments, which are more suitable with a new appreciation of community. Not by chance, socio-political changes invoke the necessity of a community’s rediscovery and encourage the rising of a lot of non profit activities, opening the way for a welfare State’s large contribution. In very truth, the non profit field acts as a cornerstone of a democratic society and it reveals a misleading race to profit goals led by the global commerce. This is the purpose of observing the participatory foundation as a metamorphosis of the typical institute of foundation: pursuant to the constitutional solidarity principle, this new instrument combines the need of promoting a social progress with a public-private cooperation inside welfare policies.

IMPLEMENTATION OF PRECAUTIONARY PRINCIPLE IN COAL MINING LICENSES IN CENTRAL BENGKULU REGENCY OF BENGKULU PROVINCE

Coal mining license is a juridical instrument for businessmen to carry out coal mining activities. Coal mining license is also a preventive instrument to prevent coal mining activities from causing environmental damage and pollution. In the process of issuing and implementing coal mining licenses according to Law Number 32 of 2009 concerning Environmental Protection and Management, one must consider the precautionary principle, which is implemented by integrating environmental considerations, in making coal mining licenses decisions. However, coal mining activities carried out by 9 coal mining companies in the Watershed of Air Bengkulu, showed that there was environmental destruction and pollution seen along the Watershed of Air Bengkulu. This study aimed to determine the application of the precautionary principle to coal mining licenses and the legal consequences of coal mining license decisions that did not apply the precautionary principle. This research was conducted using juridical empirical/socio-legal research, and data analysis was carried out using a qualitative juridical approach. The results of this research showed that the government of Bengkulu Province has not applied the precautionary principle in the process and implementation of coal mining license in the Watershed of Air Bengkulu of Central Bengkulu Regency. The legal consequence of not applying the precautionary principle in the decision to issue 9 (nine) coal mining licenses which was an essential and material requirement in a decision to issue a permit was null and void (nietig van rechtwege) and could be canceled (vernietig baar), the government of Bengkulu Province has the authority to cancel the licenses decision because it is a State Administration official.

Monasteri dismessi: proposte per una soluzione giuridica

The dismissal of monasteries raises considerable problems from a legal point of view. It is necessary, therefore, to seek the juridical instruments, both of civil law and of administrative law, which, incompliance with the framework provided by canon law, can concretely allow the cultural valorization and reuse of these buildings, succeeding in reconciling the needs of economic feasibility with possible new profane uses, maintaining, where possible, the ownership by the ecclesiastical body. For this reason, in addition to the ordinary instruments of rights in rem (building rights and usufruct) and obligations (lease, rent and loan), it is necessary to better investigate the applicability of other legal instruments, such as the agreements for the valorization of privately owned cultural heritage and the sponsorships referred to, respectively, in articles 113 and 120 of the Italian code of cultural heritage and landscape, as well as the trust, project management and project financing. These instruments could be used, however, under the control of a foundation, around which the various interests represented by the stakeholders could be brought together and reconciled. This is the hope for a “new path of redemption” that could make the former monastery of Vicopelago, the case study examined by the Lucca Summer School, live again towards new social, artistic and cultural uses compatible with its history and the different functions that this asset has been able to assume over the time.

Clarity and legibility of legal norms as an element of legal certainty

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability

Visiones desiguales sobre la conservación en la periferia urbana: ganadores y perdedores del suelo de conservación en la Ciudad de México

Este estudio se ubica en la Ciudad de México. El problema de investigación de este trabajo parte de que, en la periferia urbana de esta ciudad, las políticas de conservación tienen una expresión territorial interpretada de diversas maneras por algunos actores que están involucrados en su manejo. Se llevaron a cabo una serie de entrevistas en dos grupos focales: propietarios de la tierra y funcionarios públicos. Entre los resultados relevantes de este estudio se detectó que para el grupo de ejidatarios y comuneros, el principal problema es la falta de consulta a los dueños de la tierra en el territorio denominado suelo de conservación; mientras que para los funcionarios el principal problema es la falta de políticas que compitan con la especulación inmobiliaria y la venta de terrenos. Mientras los comuneros están observando las problemáticas en términos de su relación con las autoridades y desde una lógica territorial enfocada al entorno local, para la mayoría de los funcionarios éstas son de carácter institucional (falta de políticas; instrumentos de política rebasados; falta de coordinación) y se expresan a una escala territorial que tiende a omitir a los habitantes de los pueblos originarios.

Clarity and legibility of legal norms as an element of legal certainty

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability.

TERTIB DASAR PEMBENTUKAN PERATURAN DAERAH DI PROVINSI JAWA TIMUR

Regional autonomy has given authority to local governments to regulate and manage their own government households. The authority of the regional government in regulating this is realized through regional authority to make legal products called Regional Regulations. This regulation is an operational juridical instrument and controlling instrument for the implementation of regional autonomy. Law Number 12 of 2011 concerning the Establishment of Legislation Regulations mandates that there are stages that must be passed in forming legislation, namely through the stages of planning, drafting, discussion, ratification or stipulation, and promulgation. This study examines and answers the problems regarding the procedure for establishing Regional Regulations in East Java Province. From the normative aspect, how is the process of establishing a Regional Regulation in East Java Province, and whether its formation is in accordance with the orderly basis of the formation of the Laws and Regulations. This study is a normative juridical study using a statute approach and conceptual approach. The results of the study state that the Establishment of Regional Regulations in the Provinces in East Java is in accordance with the basic order of the establishment of Legislation. There are stages in the formation of the Regional Regulation, which refers to the East Java Provincial Regulation No. 1 of 2015 concerning the Establishment of Regional Legal Products. The stages of establishing a Regional Regulation include: Planning, drafting, discussion, final alignment, stipulation or ratification, enactment, clarification and evaluation; and dissemination.

Specificità del Diritto amministrativo canonico e “amministrazione di missione”. La ministerialità ecclesiale come fattore riqualificativo per una autonomia ontologico-disciplinare

SOMMARIO: 1. Ministerialita e missionarieta del Diritto canonico - 2. La norma missionis come statuto costituzionale del Diritto canonico - 3. La communio come genus della corresponsabilita ecclesiale - 4. Trapianto da donatore non compatibile e problematiche di rigetto: non equiparabilita tra Diritto amministrativo canonico e statale - 5. Il concetto sui generis di Diritto amministrativo nella Chiesa cattolica - 6. Diversita strutturali nell’organigramma ecclesiale - 7. Il paradigma europeo come “ analogatum princeps ” del sistema canonico: verso un’amministrazione “di missione”. Specificity of canonical administrative law and “mission administration”. Ecclesial ministry as a requalification marker for ontological-disciplinary autonomy ABSTRACT: The need to configure a correct boundary within which to draw up the structure of administrative activity in the Church responds to the urgency to avoid undue and inaccurate transposition of concepts proper to secular juridical fields in the background of Canon law. In fact, in the Church it is not possible to speak of a public administration-entity but of an administration-activity. It is not so much the subject that has to be examined, in view of a claim that is not suited to the foundational (top-down) and non-consociative (bottom-up) nature of the Church; as much as the concrete activities to be carried out within it, in the ideal of a shared responsibility that does not deprive the individual faithful of juridical positions that they can claim, but directs them within correct coordinates. The faithful do not live a dimension of homo homini lupus , to reach an individual salvific finish line where one place to be conquered excludes that one of another. On the contrary, they pursue, united under the one baptism, the implementation of the mission of Christ, also through those juridical instruments which the Church has endowed through the story, but which are to be understood in their precise peculiarities, even though a relationship can not be excluded of mutual growth with secular law. According to this paradigm, the example of European Union law can be a valid benchmark for describing the particularities of ecclesial reality in a sector as specific as that of administrative law.

HIV-POSITIVE WORKERS AND THE PRESUMPTION OF DISCRIMINATORY DISCHARGE: PRECEDENT Nº 443 OF THE BRAZILIAN SUPERIOR LABOR COURT (TST) | DOI: 10.12818/P.0304-2340.2018V72P377

Notwithstanding the efforts of international organizations, above all the International Labor Organization (ILO), towards creating mechanisms so that Member-states develop juridical instruments to combat discrimination against HIV-positive workers, there are enormous difficulties in making these mechanisms effective. The reversal of the burden of proof in labor cases is one of the means of implementing Recommendation No. 200 and Convention No. 111. of the ILO, according Precedent no 443 of the Brazilian Superior Labor Court (TST).

Private Enforcement and Market Regulation

The article examines the technique of private enforcement as a juridical instrument to protect the market in combination with the punitive sanction mechanisms of public law. After a first definition of private enforcement, we investigate the position taken by the European Commission on the use of private enforcement, verifying its function with respect to the objectives of market protection. The main instruments of private enforcement are therefore considered: civil liability, termination of the contract, nullity of the contract, injunction. We will focus on the main constraints to the application of the abovementioned instruments of private enforcement proposing solutions in the light of an overcoming of the boundaries between public law and private law. As highlighted in Directive 2014/104/EU, “the practical effect of the prohibitions laid down requires that anyone – be they an individual, including consumers and undertakings, or a public authority – can claim compensation before national courts for the harm caused to them by an infringement of those provisions.” For this reason it is important to consider all the different private enforcement tools and try to remove the obstacles to their effective functioning. Private law is activated on the action of individuals who exercise the rights recognised by the law. Individuals being closer to the emergence of the problem are able to represent the violation of the interests at stake according to the logic proper to the principle of subsidiarity. The Principle of subsidiarity states that a wider and greater body, such as a government, should not exercise functions that can be carried out efficiently by a smaller one, such as an individual or a private group, acting independently.

Prewencja w obszarze aktów kwalifikujących w działalności gospodarczej

PREVENTION IN THE SPHERE OF QUALIFYING ACTS IN COMMERCIAL ACTIVITYThis article discusses the problem of a preventive character of qualifying acts in the sphere of public commercial law. The qualifying acts decisions form one of the elements of a broader sphere of regulation, i.e., administrative reglamentation in the market economy and their purpose is a determination of the existence of certain aspects of legal or factual nature and their subsequent quantifi cation. The paper characterises the basic features of these juridical instruments as well as analyses their function in the sphere of preventive supervision. The entirety of qualifying acts was divided into subcategories, the significance of which with regard to commercial activity was also pointed out. In the ending, certain conclusions with regard to the said institution were also formulated.