Law Rights Research Articles

Application of the fundamental rights in EU contract law: a brief overview

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HAK PENGELOLAAN SEJAK PUTUSAN MAHKAMAH KONSTITUSI 91/ PUU-XVIII/2020

Management rights are one of the rights that exist in Indonesian land law, but their existence has not yet received strong and special legitimacy at the statutory level. The existence of the Job Creation Law strengthens the status of management rights, because management rights have a strategic role in development in Indonesia, especially regarding their use and bringing economic benefits. However, the presence of the Constitutional Court Decision 91/PUU-XVIII/2020 suspended the implementation of the Job Creation Law, particularly regarding strategic policies. The Constitutional Court's decision did not clearly explain what the strategic policy meant. For that matter, in this paper, we will discuss: 1. Provisions on Management Rights Prior to the Job Creation Act. 2. Provisions on Management Rights in the Job Creation Law are Strategic Policies. The method used in discussing this is a normative research method, with primary legal materials consisting of statutory regulations and secondary legal materials consisting of literature. The approach used is a statutory approach and a conceptual approach.

Evaluation of the fulfillment of educational rights for children in conflict with the law through the filial school program

The Palembang City Government through the Education Office in collaboration with the Regional Office of the Ministry of Law and Human Rights of South Sumatra Province as well as with other stakeholders initiated the implementation of Filial Schools Services for Child Prisoners at LPKA Class I Palembang. This study aimed at evaluating Filial Schools Filial Schools for Child Prisoners at LPKA Class I Palembang. This was evaluation research with a qualitative approach and using CIPP model. Data collection in this research was through observation, interviews, and documentation. The subjects of this study consisted of an accompanying teacher, a party from the Education Office, and a student. The data were analysed using Miles and Huberman model. The validity of the research data was obtained by using triangulation techniques by comparing the data from interviews, observations, and documentation. The study found that the fulfillment of educational right for children in conflict with the law through the Filial School Program at LPKA Class 1 Palembang has been going well. Based on the monitoring results, most of the children who have completed their education at LPKA have been able to improve their welfare. The Filial school program in providing the right to formal education for children through Quality Formal Education Services for Children at LPKA Class I Palembang has been going well. This program also presents the same curriculum as formal schools, also equipped with character building, as well as the development of various skills in students.

Voting Rights Position in Constitutional Review and Human Rights

Law is an important instrument in protecting and upholding human rights in the state. In protecting and ensuring the enforcement of human rights in the state, it must be ensured that the law becomes an instrument in monitoring and even restricting public or state authorities so that there is no abuse of power, in many cases being the beginning of human rights violations. This research aims to examine and analyze the protection of human rights in the Indonesian Constitutional Law Post Amendment to the 1945 Constitution. This research uses normative legal research methods or literature studies, with materials in the form of secondary and tertiary legal materials. The main law material is the 1945 Constitution of the Republic of Indonesia while the secondary material is legal literature that explains and analyzes the laws and regulations related to this research. The result of this research is that the right to vote is contained in various legal provisions, both international and national. Persons with disabilities, as part of Indonesian citizens are also entitled to be actively involved in political life in accordance with Article 21 of the Universal Declaration of Human Rights, Article 25 of the Civil Rights Covenant, Article 28D paragraph (3), Article 28H Paragraph (2) and Article 28I Paragraph (2) the 1945 Constitution after the amendments and Article 43 Paragraphs (1) and (2) of Law no. 39/1999 on Human Rights emphasizes that every citizen has the right to get equal opportunities in government, both to be elected and to vote without discrimination.

UNDERSTANDING AND DESCRIBING RELATIONSHIP OF STATE LAW AND HUMAN RIGHT

Human rights are a natural right that a person is born with; they cannot be taken away and their existence cannot be denied; in addition, human rights serve as accolades. Human rights and the rule of law are inextricably linked, and the rule of law, of course, prioritizes and defends human rights. The function of the law itself is to safeguard humans while they pursue their varied interests, with the caveat that individuals must also consider the interests of others in their pursuit of their own interests. In addition to the protection provided by the law, we have the right to protection from the government. The existence of a state of law signifies that both the state and society acknowledge the importance of human rights protection and guaranteeing their fulfillment. It will be possible to impose the appropriate punishment if a breach of human rights occurs in this manner. It is necessary to understand the relationship between the state of law and human rights in order to prevent human rights breaches from occurring.

Pendampingan Manajemen Dan Administrasi Keuangan Pada Koperasi Wanita Arwana Kota Bengkulu

The Women's Cooperative "Arwana" which is a legal entity No.: 99/BH/DK PPKM/KEP/IX.4/2008 is a savings and loan cooperative having its address at Jl. Wren Rt. 17/Rw.06 Cempaka Permai Village, Gading Cempaka District, Bengkulu City. This cooperative was established by notarial deed SK. Minister of Law and Human Rights of the Republic of Indonesia Number: C-226.HT.03.01. July 5, 2006 and started operating in 2008. In 2019 this cooperative began to turn into a sharia-based cooperative. This community service activity aims to provide understanding assistance to administrators and members in terms of management as an effort towards better management from conventional to Sharia. So it is hoped that later the management and members of the cooperative in carrying out their duties and responsibilities in accordance with the principles and rules of management can become a financing system in accordance with the sharia concept. This community service is carried out with lectures on the principles of cooperative management. The output of this community service activity is that the management and members of the cooperative, especially in the savings and loan business, are able to know and understand and implement financing business activities with a management system according to SAK ETAP as a step towards developing a financing business that is still using the conventional system to be more ready to use the system. Sharia. The output of this community service is in the form of a scientific journal that will be published.

Mogućnost zloupotrebe prava u postupku javnog nadmetanja za prodaju nekretnina u izvršnom postupku u pravu BiH

The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.

Comparison of the Law of Geographical Indications between Indonesia and India

Indonesia has a strategic and favorable geographical condition to boost the economy. Likewise, India has diverse geographical conditions. Geographical indications are part of Intellectual Property Rights that are born from the work of human thought. The purpose of this study is to compare the legal arrangements of Geographical Indications between Indonesia and India and to examine the registration of Geographical Indications between Indonesia and India. This research is a type of library research. The approach used is normative, using secondary data and qualitative analysis. The results of this study indicate that the Regulation on Geographical Indications in Indonesia is the Law of the Republic of Indonesia Number 20 of 2016 concerning Marks and Geographical Indications and the regulation of the registration mechanism uses the Regulation of the Minister of Law and Human Rights Number 12 of 2019. While the Regulation on Geographical Indications in India and Regulation of the mechanism registration using The Geographical Indications of Goods (Registration and Protection Act, 1999 ).

CONSERVATION CRIME AND PANGOLIN POACHING: TENSIONS BETWEEN CUSTOMARY USE AND CONSERVATION LAW

In this paper, the author assesses the interplay between African customary use of pangolin and conservation law and to what extent the existing legislative framework undermines the heritage value of pangolins for customary communities. The author discusses the extent to which the laws governing pangolin protection in South Africa impose limitations on the customary use of pangolin for customary communities. Finally, the author considers whether customary law rights of access to and use of pangolin can or ought to coexist with conservation law. This paper aims to illustrate that the conservation laws regulating pangolin in South Africa impose excessive limitations on customary use and access to pangolin.

Evolution of Cryptocurrency: Changes in the Use and Consumer Demand for Digital Transactions

Abstract: The quick advancement of cryptographic forms of money has caused to notice this specific market, with financial backers attempting to comprehend its conduct and analysts attempting to clarify it. The development of digital currencies' costs showed a sort of air pocket and an accident toward the finish of 2017. In view of this occasion, and on the way that Bitcoin is the most perceived digital currency, we propose to assess the infection impact among Bitcoin and other significant cryptographic forms of money. Utilizing the Detrended Cross-Correlation Analysis connection coefficient and looking at the period after and before the accident, we discovered proof of an infection impact, with this specific market being more incorporated now than in the past something that ought to be considered by current and likely financial backers. Cryptocurrency like Bitcoin have developed from being related only with geeks and revolutionaries to being considered by national banks as an innovation to carry out advanced cash. Digital forms of money exist just in computerized shape and can be moved totally between advanced addresses. This is both not normal for traditional electronic cash as perceived by laypersons which goes about as an obligation guarantee on a store with a confided in monetary foundation, for example, a private bank and dissimilar to ordinary bodily cash which might be truly moved by. This implies that any lawful rights related with holding digital forms of money should be diverse in spite of it being staying not entirely clear. In this , we take a gander at the different medicines of cash in the lawful detect and talk about the dangers related with each by drawing on genuine models. We presume that extortion through hacking might actually represent an issue to broad reception of cryptographic forms of money as the shortfall of plan of action against an outsider, for example, a bank amasses hazard in holders of digital currencies. Clients should hence practice alert and comprehend the dangers prior to putting resources into digital currencies. This admonition requires accentuation as many gatherings misunderstand the cryptography inside the innovation as shielding them from such misrepresentation when truth be told it does nothing of the sort. Keywords: Cryptocurrency, Cryptography, Digital Currencies, Bitcoin, Blockchain.

Protection of Child Rights in Polygamy Family Around ASN in Asahan District Community (Analysis Study of Law No. 35 of 2014 about Child Protection)

Based on Article 2 of Law Number 23 of 2002 concerning Child Protection and Law Number 35 of 2014 concerning Child Protection, that the implementation of child protection is based on Pancasila and is based on the 1945 Constitution of the Republic of Indonesia, as well as the basic principles of the Convention on the Rights of the Republic of Indonesia. children include: 1) Non-discrimination; 2) The best interests of the child; 3) Right to life, survival and development, and 4) Respect for children's opinions, it can be analyzed and concluded that everything that is urgent for children is their right that is protected by law. Positive law or also called ius constitutum is a collection of written legal principles and rules that are currently applicable and binding in general or specifically and enforced by or through the government or courts in the Indonesian state. Civil Rights, Right to Education and Maintenance, Children's Rights To get Welfare, Children's Right to Take Care of Legal Affairs, it can be analyzed and concluded that children's rights are not only schooled. But civil, welfare, even if he stumbles into a legal case, he has the right to be protected. Protection of children's rights in Law no. 35 of 2014 which states that parents are obliged and responsible for: nurturing, nurturing, educating, and protecting children, developing children according to their abilities, talents, and interests and preventing marriage at the age of children. Children are a mandate and gift from God Almighty, in whom the dignity of being fully human is attached. When polygamy is unavoidable, one of the problems that often arises is that children often become victims. Both in terms of love, education and attention. Of all the rights of children, the most urgent for children is education. Children have the right to get education from an early age as contained in the juridical basis in the body of the Constitution Chapter XIII Article 31 paragraphs 1 and 2 of 1945 which reads: every citizen has the right to receive instruction (paragraph 1) the government seeks and organize a national teaching system regulated by law.

ГРАЖДАНСКО-ПРАВОВЫЕ АСПЕКТЫ РЕГУЛИРОВАНИЯ ОБОРОТА ПЕРСОНАЛЬНЫХ ДАННЫХ

The paper focuses on the place of personal data in the system of objects of civil law rights and it is concluded that personal data can be an object of civil law obligations and serve as counter-performance. The paper also considers the question of interrelation between the personal data legislation and contract law, including the impact of violation of personal data regulations on the validity of contracts, where relevant personal data datasets are one of the objects.

Chinese Positions on Global Constitutionalism, Community of Common Destiny for Mankind, and the Future of International Law

Abstract Global constitutionalism and the Chinese concept of a community of common destiny for mankind provide different master narratives for the future development of the international legal order. This study analyses Chinese legal scholarship and Chinese government statements that relate to elements of global constitutionalism and the community of common destiny in order to identify the values and structures of future international law envisaged by China. We argue that although authors and government statements refute or re-interpret the underlying values of global constitutionalism such as the rule of law, democracy and human rights, Chinese scholarship embraces the idea of a higher order of international norms that derive from the common values of the international community. However, the Chinese government’s position on jus cogens appears to reject a version of peremptory norms that empower non-state actors. We find that he principle of universal security and the principle of openness and inclusiveness that form part of the community of common destiny concept extend to international law the important regime-specific domestic doctrines of social stability and national conditions. In the legal interpretation of the community of common destiny concept, this study finds evidence of a dialectical process of norm-making that consists of both a confirmation of the normative status quo and the pursuit of far-reaching changes to the international legal order.

Kajian Hukum Mengenai Prosedur Penanganan Barang Bukti Tindak Pidana Korupsi Oleh Kejaksaan Sebelum Dilimpahkan Ke Rupbasan

This article or paper aims to review and analyze the legal rules governing the handling of evidence of corruption by the prosecutor's office before being transferred to (Rupbasan), as well as the role of the prosecutor in handling evidence of corruption and policies carried out by the prosecutor in handling evidence of acts of crime. corruption crime. The problem is focused on how the rule of law and the role and policies of the Attorney General's Office in managing evidence. In order to approach this problem, legal systems theory, role theory and policy theory are used as references. The research method in this writing is a normative legal research method. Data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal regulations regarding the handling of evidence of criminal acts of corruption are: Minister of Law and Human Rights Regulation No. 16 of 2014, Regulation of the Chief of the National Police of the Republic of Indonesia No. 8 of 2014, Presidential Instruction No. 2 of 2014, Regulation of the Attorney General of the Republic of Indonesia No: PER-027 / A / JA / 10/2014. The role of the prosecutor in handling evidence, namely: The role of subsection of evidence and the role of subsection of loot. The policies implemented by the prosecutor regarding the handling of evidence include: Policies before being transferred to the state confiscated objects storage house and policies carried out by the Attorney after the court verdict.

Electoral Governance and Human Rights Amid Pandemics in Africa: Key Lessons from the Early COVID-19 Experience

AbstractOver 25 African countries had planned elections for 2020. In the face of the onset of the COVID-19 pandemic in March, states resorted to one of two courses of action: adherence to planned electoral timelines in the shadow of the outbreak, which largely led to record low voter turnouts and hastened the spread of the virus; or adjourning elections with ill-defined election programming, constitutional tensions and unrest over delayed polls. The global health crisis not only frustrated the organization of the electoral process but set severe challenges to democracy, the rule of law and human rights in the region at a time of landmark elections, notably in Ethiopia, Burundi and Malawi. This article analyses initial state responses in electoral administration in light of international electoral norms, and interrogates the role of national and regional mechanisms in securing safe, inclusive, timely, free and fair elections amid new infectious disease outbreaks.

PELAKSANAAN HAK KLIEN PEMASYARAKATAN UNTUK MEMPEROLEH BIMBINGAN DI BALAI PEMASYARAKATAN KLAS I PADANG

One of the goals of the Correctional System is to prepare Correctional Inmates (WBP) or hereinafter referred to as Correctional Clients so that they can integrate in a healthy manner and play a responsible role again in the family and the wider community. Class I Correctional Center Padang as a Technical Implementation Unit from the Ministry of Law and Human Rights of West Sumatra as a law enforcer who carries out duties in the field of guiding Correctional Clients who must carry out correctional duties and functions based on applicable legal rules so that the fulfillment and protection of Human Rights can be realized. The fulfillment of the client's rights is regulated in the Law of the Republic of Indonesia Number 12 of 1995 concerning Corrections and the rules for its implementation.

Weighing the Sources of International Law

Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction (bbnj) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties.

PENERAPAN PERATURAN MENTERI HUKUM DAN HAM NO 32 TAHUN 2018 PADA UNIT PELAKSANA TEKNIS PEMASYARAKATAN

The purpose of this paper is to examine the application of the regulation of the Minister of Law and Human Rights No. 32 of 2018 concerning the treatment of elderly prisoners and convicts, where the regulation can be used as a reference for the Correctional Technical Implementation Unit to carry out services for elderly inmates.The research method uses a qualitative descriptive approach. trying to explain by describing the conditions that exist in the Technical Implementing Unit in providing services to elderly prisoners and comparing it with PermenKUMHAM No. 32 of 2018. The results of the study explain that the implementation of PermenKumHAM No. 32 of 2018 in the Correctional Technical Implementation Unit has not been evenly implemented. , but that does not mean that it is not carried out at all in the technical implementing unit.

ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION

ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION

Measuring The Likelihood of Unregistered Marriage (The Perspective of Siyasah Jinayah)

Unregistered marriage is not something uncommon in Indonesia, contrary to the promulgation of Law Number 1 of 1974 concerning Marriage requiring the state to only recognize the validity of a registered marriage. Unregistered marriage often puts women as victims and this practice tends to contravene Islamic law. There have been cases where women always end up with an unclear status as wives, considering that wives are not entitled to both juridical rights and Islamic law rights to cancel a marriage, while a divorce is not often clearly declared against wives by husbands. Despite the impacts resulting from unregistered marriage, this practice remains obvious in society. The notion demanding the criminalization of unregistered marriages is rising, while this view is opposed by some since it is deemed to contravene religious provisions. Departing from this polemic, this research employed a normative method to find out the legal standing of the criminalization of unregistered marriage pursuant to Islamic law. The research discovers that unregistered marriage is likely to take place according to the criminal perspective of Islam, especially when it is linked to merit and drawbacks in the matter. Although the legal standing of unregistered marriage is acceptable, overlooking the procedures set by the government is deemed to be disobedience since this instruction from the government as ulil amri is considered ta’zir citizens have to obey. Thus, criminalizing unregistered marriage is not taken as a proscription in terms of marriage, but it is implemented to respond to the disobedience of the governmental procedures.