Legal Benefits Research Articles

Legal benefits: the essence and role in the mechanism of legal regulation

Legal benefits: the essence and role in the mechanism of legal regulation

Benefits And Legal Certainty For The Community On Participatory Mapping Services At The Medan City Land Office

The purpose of this study was to determine the public service in Medan City Land Office. To find out the administrative system of land mapping in Medan City Land Office. To determine the effectiveness of legal benefits for the community on participatory mapping of Land Services at the Medan City Land Office. The research methods used are normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study is the National Land Agency (BPN) is a vertical agency, as a vertical unit that organizes Land Services. Vertical service units are service units that are under the ministry / central institution but have services up to the regional level. The National Land Agency (BPN) is a Non-departmental government agency under and responsible to the president and headed by the head of the National Land Agency (BPN).BPN is regulated through Presidential Regulation Number 10 of 2006 concerning the National Land Agency. The administrative system of land registration in the National Land Agency of Medan through the right path that is through the procedures made by the agency to Agrarian. In PP No. 24 of 1997 regulates a number of lands that have been in doubt about the evidence to absenteeism as well as the process and evidence of their rights have been affirmed as land that can be converted into rights according to the Constitution with the development of a legal institution “adjudication” which is regulated in Article 24 FST of PP 24 of 1997. From the provisions of this PP, there are several other things that are the object of conversion or evidence that can be forwarded to be used in the management of land certificates. As for efforts to minimize obstacles undertaken by the Medan Land Office, namely: trying to eradicate scalpers, the need for increased quality and quantity of equipment so that it can be used properly, increased quality human resources means participating in following specifically in the Diploma program or Bachelor's level in cadastral mapping and measurement, seeking costs.

Deferred Prosecution Agreement: a Restorative Approach in Tackling Corruption Committed by Corporations

This study aims to analyze the restorative approach to overcoming criminal acts of corruption committed by corporations through a deferred prosecution agreement. This research is descriptive with normative juridical research using secondary data in the form of primary, secondary, and tertiary legal materials through a statute approach and a conceptual approach. Data was collected using a document study, then analyzed qualitatively. The study results show that the deferred prosecution agreement is the ideal model for returning state financial losses due to corruption. This concept can be applied in Indonesia. In addition, this model provides legal certainty and legal benefits. As a consequence, as a dual-track system, deferred prosecution agreements also remain in the corridor of settlement through the criminal justice system.

Kemanfaatan Hukum “Peran Pejabat Pembuat Akta Tanah” Dalam Upaya “Peralihan Hak Tanah Ulayat” oleh “Anggota Masyarakat Adat” Daerah Pora Nusa Tenggara Timur

The position of indigenous peoples is basically recognized by the Indonesian nation with diversity in Indonesia which is a reflection of Bhinneka Tunggal Ika and also this recognition is contained in the amendment to the basic law "1945 article 18B paragraph 2 and article 28I paragraph 3". Indigenous peoples are marginalized due to their lives that still adhere to the prevailing customs and customary law system. So that with the marginal position of indigenous peoples, they feel unprotected by the state even though there is regulatory recognition of them. This recognition is not limited to the community alone, but also overall recognition for their sustainability, especially in efforts to recognize customary land. Customary land is land that is jointly owned by the indigenous community. Disputes about customary land still occur due to intervention from the government and entrepreneurs to be able to make customary land as state land. Based on the description above, the formulation of this problem aims to determine the role of related agencies on land assisted by "Notaries and Land Deed Officials (PPAT)" regarding the "transfer of rights" of customary land, as well as legal benefits that can be felt by indigenous peoples of the Pora region of East Nusa Tenggara with the existence of Land Office agencies, Notaries and Land Deed Officials (PPAT). The research method used is Normative empirical which is sourced from laws and regulations and approaches to the case, namely indigenous peoples in the Pora area. Research area Pora East Nusa Tenggara. That there is no regulation made by the government to protect indigenous peoples and their customary rights, namely customary land. So it is hoped that the existence of government regulations on the Pora area will be able to provide recognition for indigenous peoples in the form of recognition and customary rights, customary land in the Pora area of East Nusa Tenggara.

Regulation of private sector bribery as a crime of corruption

Bribery is a form of corruption, but under Indonesian corruption law, bribery from private actors and other private actors (private to private) is not categorized as a criminal act of corruption. The purpose of this study is to analyze the regulation of bribery as a criminal act of corruption in the future. This research applies normative legal research, using a normative juridical approach, using legal material analysis techniques obtained from the research, examined, to be compiled systematically and presented in descriptive sentences. The results of the study indicate that based on the economic analysis of the law theory approach, it can be seen that Law No. 11 of 1980 has not been able to provide harmony between economic principles and the objectives of the law itself; in economic principle, the existence of Law No. 11 of 1980 1980 does not have the value of efficiency, balance and maximum so that sanctions against perpetrators who commit this crime need to be renewed so that they can get legal benefits with the existence of these corruption legal norms. With the conceptualization of the corruption law, there is a renewal of criminal law related to corruption where there is no longer a difference between private bribery and public actors in the future, thus the accountability carried out by public to private, or private to public actors will be a means to prevent criminal acts of corruption, using the theory of economic analysis of law from Richard Phosner indicates that there are severe sanctions resulting in private-to-private actors prefer not to take bribes, because they are seen as corruption so that there is a fear of loss of profits for themselves both present benefits and future benefits, thus this law becomes the optimal legal norm for preventing private sector corruption.

Dynamics Of Marriage Age Limitation In Islamic Law And Positive Law

Islam does not limit the age for marriage but implicitly requires people who want to marry are physically and psychologically ready to get married to create a harmonious and peaceful family. Likewise, positive law in Indonesia, regarding the determination of the marriage age, aims to achieve a happy and blessed family. This study intends to examine legal benefits in a review of Islamic Law and Positive Law in Indonesia. This research employs library research by using primary and secondary data sources, and data analysis are normative qualitative. This study concludes that according to positive law, the maturity of the prospective bride and groom is determined according to the age limit for men and women, namely 19 years. Whereas in Islamic law what is very concerned is the maturity of the prospective groom in terms of economy, understanding of religion, and being physically and mentally healthy with the aim of not hurting women and creating a sakinah, mawaddah warahmah family (a blessed family).

Domestic Implementation of Crimes against Humanity in Central Asia

AbstractCrimes against humanity constitute mass crimes against civilian populations and represent the so-called ‘core crimes’ of international criminal law. Central Asian states have so far abstained from incorporating the corpus delicti of crimes against humanity in their criminal legislation. After a short overview of the current status of crimes against humanity under international law, this article analyses the domestic legislation of five Central Asian countries: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. It looks at current Criminal Codes to suggest how those could be strengthened by the inclusion of properly formulated crimes against humanity dispositions, taking into account the peculiarities of these national legal systems. The article also offers a brief review of possible factors which might have precluded the states in question from proper implementation. It argues in favour of such implementation, delineating its legal benefits and potential advantages for both State Parties and non-State Parties to the Rome Statute in Central Asia.

The Challenge of Local Revenue Enhancement through Boarding House Taxation Policy in Yogyakarta City

Introduction to The Problem: In early 2019, the total data on Building Permits for Boarding Houses in Yogyakarta City reached more than 700 houses, and the local tax revenue for the category Boarding House did not reach 40 homes yearly. The urgency of enforcement of the boarding house tax regulation is relevant to increasing tax compliance rates and local revenue from boarding houses. Objective Study: This study examines the enforcement of the Regional Regulation of Number 1 of 2011 on Local Tax and the obstacles to its implementation using the law system components, the law enforcement factors and the law enforcement elements. Methodology: The data used are primary data and secondary data through a regulatory approach. Data collection uses a structured interview process by interviewing five interviewees who handled the enforcement of boarding house tax rules. Findings: The service quality of tax authority factor, law enforcement officers’ factor, and tax sanctions factor have adjusted the public needs (as a legal benefit) and legal certainty while does not provide justice to the community. Implications of the study for tax policy of the Boarding House category are the imposition of criminal sanctions and administrative sanctions against non-compliance boarding house taxpayers, the coordination between tax authorities and law enforcers to enforce boarding house tax rules, and the development of boarding house tax regulations relating to the tax sanctions theory. Paper Type: Research Article

ACTUALIZATION OF REASONING PHILOSOPHICAL STANDARS IN PERSONAL DATA PROTECTION

The penetration of technology and information in personal data has been packaged with juridical regulations but has experienced a shift which results in legal inequality, abuse, stigma and criminalization. The reality of advances in information technology ensures that the person is a thief of personal data under the guise of a profession. The existence of personal data is analogous to humans personally who discuss the need for personal data protection. The absence of consensus on the classification of personal data and data protection enlivens the free trade that has the potential to be misused. The utilization of Islamic law methodology as an instrument is assessed to be up to date by elaborating various legal sources in it, such as maslahah mursalah and sadd al zari'ah. The problem of mursalah is realized by government policies that are repressive and advocacy. As for sadd al zari'ah as a preventive effort that silences and closes gaps that have the potential to cause digital crime. Various fiqh principles in politics and siyasa also provide a complete analysis of the substance. The existence of both requires the unification of certainty, justice and legal benefits to be combined. The existence of personal data in the modern world needs to be legitimized and confirmed in the form of regulation and the rule of law. The involvement of the government and stakeholders is absolutely necessary for the design of regulations that are not only administrative in nature but also provide criminal or civil sanctions. The rule of law before or after the formalization of specific regulations regarding the protection of personal data is ensured to guarantee security and comfort.

Building in the Light of the Current Cases of the Judiciary

Muhdesat, taşınmaz üzerinde kalıcı olmak üzere bulunan yapı veya bitkilerdir. Bu sebeple, muhdesat hukukî niteliği itibarıyla bütünleyici parçadır. Bu niteliğin kazanılmasıyla birlikte muhdesat üzerinde önceki malzeme veya bitki sahibinin artık bir mülkiyet hakkından söz edilemez; taşınmaz üzerindeki aynî hak muhdesatı da kapsar. Bununla birlikte, muhdesattan dolayı hem hak sahibi hem de taşınmaz maliki birtakım istemlerde bulunabilir. Meselâ, muhdesat üzerinde alacak hakkına sahip olan taraf bunun tespiti veya sebepsiz zenginleşmenin iadesi amacıyla dava açabilir. Aynı şekilde, taşınmaz maliki de özellikle haksız yapıya ilişkin hükümler çerçevesinde tazminat, yıkım (kal), mülkiyetin devri gibi bazı hakları ileri sürebilir. Bu itibarla, muhdesat uygulamada sıkça karşılaşılan bir hukukî müessesedir. Dolayısıyla, uyuşmazlıkların zenginliği ve çeşitliliği konunun tercih edilmesinde etkili olmuştur. Üstelik, Yargıtay’ın eleştiriye açık kararları da ayrıca değerlendirilmiştir. Bu kapsamda, önemli bir misal olarak Yüksek Mahkeme’nin muhdesatın tespiti davasının istisnaî olduğunu, ancak bazı hallerde açılabileceğini, aksi takdirde hukukî yarar şartının yokluğu sebebiyle reddinin gerektiğini kabul eden içtihadı isabetli değildir.

LABOR CONTEXT IN ECUADOR IN THE 1930s: ACTIVE ECONOMIC POPULATION, LEGAL CONTEXT AND MINIMUM WAGES

The article carries out an analysis of the labor context in Ecuador during the 1930s with the aim of contributing with new quantitative, legal and contextual information. This information is important as they add three essential elements to understand the work context: economically active population and purchasing power; legal context on labor conditions; and, a brief review on the implementation of the minimum wage. This analysis was carried out based on a historical-comparative and analytical method, taking into account three groups of workers, namely: workers in the public and industrial sector; workers in the interior and small industry; and, workers in rural sectors. Multiple legal benefits have been found for the first group, such as compensation for eviction, premature separation, maternity, disability, overtime worked, in addition to a minimum wage differentiated by zone and type of work. For the second group, the legal benefits are random, and the minimum wages paid are assumed to be daily wages and paid in kind. For the third group, the legal benefits are non-existent, as they live within their own cultural conditions, which excludes them from the legalization of labor systems, their salary compensations are in kind or in food exchange.

The Case of Stopping the Attack on the Right to Personality in Turkish Law

The rights that a person has just because he/she is a human are personality rights. Personality is acquired together with the right and full birth in Turkish law. The right over all the values that make up the personality is characterized as the right of personality. With birth, each person acquires personality and becomes a direct owner of personality rights as well. Personality rights are rights that are absolute rights that can be asserted against everyone. Article 24 of the Turkish Civil Code (TCC) has deemed all attacks on the right to personality unlawful. TCC has not counted the individual values of the right to personality. It is left to the discretion of the judge what will be evaluated within the scope of personality right in accordance with the developing technology and increasing needs. Since personality rights are closely related rights to the person, it is not possible to transfer them to others or give them up. Since attacks on the right to personality are unlawful, cases protecting the right to personality are regulated in Article 25 of the TCC. In Turkish law, cases protecting the right to personality are cases of preventing, stopping and detecting an attack on the right to personality. Depending on the stage reached by the attack in the violation of the right of personality, it is determined which protective case should be opened. A stop lawsuit should be filed against the unjustified attack on the right to personality that has begun and is ongoing. The goal is to eliminate the existing attack. In this study, the legal elements that are necessary to open the case to stop the attack on personal rights are examined. If the attack has ended, but the effects continue, there will be no legal benefit in opening this case. Therefore, the correct analysis of the attack on the right to personality from the legal point of view will allow to obtain a positive result in the case of stopping.

Settlement Of Conflict Utilization Of Plantation Land Above Ulayat Rights Of Indigenous Communities

Conflict resolution disputes that are carried out through the courts often experience obstacles, including the absence of legal benefits in resolving disputes between communities cultivating customary land rights and plantation company authorities. The development of this conflict will certainly have an impact on national development plans related to the welfare of the entire community. One example of a dispute occurring in North Sumatra Province is the control of plantation land by a company which is claimed by the community as customary land of the Deli Sultanate, based on historically before the independence of the Republic of Indonesia, it was the land of the local community which was handed over to the Sultan to be managed. Keselutanan Deli then collaborated with the Dutch Colonial to manage the land handed over by the community based on the Van Consessie Deed which was signed by Sultan Maimon Al Rasyid Perkasa Alam and Deli Cultur Administrator Maatschaappij J.G. A. Godenhart and approved by Resident der Outkust Van Sumatra P.J Kooreman. The results showed that the revitalization of plantations in the agricultural, trade and manufacturing industries could be a strategy for improving community welfare and avoiding land problems between plantation companies that were granted management rights to customary law communities.

How Local Contexts Matter for Local Immigrant Policies

There is a dearth of studies comparing the relative explanatory power of several major theories related to policy support for immigrants specifically in the context of local policies (as opposed to those at the state and national levels) and related to immigrant settlement and attraction (as opposed to welfare or legal benefits). By testing alternate explanations of local immigration policy, the analysis contributes to the development of theory related to policymaking in this area. Based on a national survey of municipalities across the US there is little evidence that racial threat theory limits local immigrant supportive policies. However, the policy determinants differ by the type of immigrant attraction and support policy examined.

Realizing People's Welfare in Economic Globalization, Perspective of the Law on Information and Electronic Transactions

Globalization that occurs in the economic field today certainly affects the trade between several countries that are free. This is due to the fact that the use of technology has encouraged rapid business growth, because various information can be presented through long distance relationships and those who wish to conduct transactions do not have to meet face to face, but simply through computer and telecommunications equipment. Utilization of ITE Technology is carried out based on the principles of legal certainty, benefits, prudence, good faith, and freedom to choose technology or technology neutrality. This study aims to determine the development and concept of people's prosperity in economic globalization in Indonesia, with the presence of the ITE Law in creating a just economy. This research uses normative legal research which is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. used as a reference in reviewing legal issues that are the object of study. The results of the study indicate that the existence of the ITE Law in creating a just economy at this time has major implications for the development of social life . Economic justice must be understood as a condition where the people control the course of economic activity, through the use of information and technology which is carried out based on the principles of legal certainty, benefits, prudence, good faith, and freedom to choose technology or technology neutrality. This is in line with the goals of the state as stated in the fourth paragraph of the Preamble to the 1945 Constitution.

Could the State do Without Marriage Law?

This article argues that marriage is a divine institution that pre-dates the state, and marriages are supernaturally effected by God consequent on the exchange of marital consent by the parties, whether or not the state recognises them as marriages. In fact, taking note of, and legislating about, marriage thus properly conceived is not within the state's remit. Despite this, the law in England and Wales is involved with the institution of marriage in three main ways: (1) it purports to define marriage, and its entry and exit conditions; (2) it passes laws affording or denying certain legal benefits or penalties on the basis of marital status; and (3) it registers marriages, and in practice imposes or denies the benefits or penalties just mentioned on the basis of registration of marriage, or lack of it. The supernatural action on God's part of creating marriages is not a fit subject for such involvement on the state's part. The underlying exchange of marital consent by the parties is, by contrast, within the state's sphere of competence, but it is argued that the state should be tracking a broader category of relationships than just those involving the exchange of marital consent. It is suggested that all marriage law should be repealed, and replaced by an Australian-style law of de facto relationships. If the law deals with de facto relationships there is no need for it to be involved with the institution of marriage as well, and that institution can be left to flourish outside the state's grasp. The article goes on to respond to some possible objections.

From Islamic Modernism to Theorizing Authoritarianism

Since the beginning of the twentieth century, modernist Islamic reformers have proposed more “objectives of Islamic law” or maqāṣid al-sharī‘ah and argued that the maqāṣid-oriented approach indicates that Islamic priorities include the modern principles of democracy, social justice, human rights, and government accountability. This paper considers the evolution of maqāṣid and its relationship with the traditional framework of uṣūl al-fiqh. Subsequently, it addresses how the new maqāṣid discourse has been politicized. It analyzes the use of maqāṣid by Shaykh ‘Abdullah Bin Bayyah in his recent declarations concerning the UAE’s policies against regional democracy. This paper argues that Bin Bayyah’s interpretation of maṣlaḥah (legal benefit) and his adoption of the idea of absolute obedience to the ruler (walī al-amr) are not based on the traditional interpretation of the sacred texts that have been adopted by Salafists and Traditionalists. Rather, it is deeply rooted in the maqāṣid discourse and rational reasoning related to Islamic modernism. The article includes a comprehensive examination of Bin Bayyah’s justifications, as based on two basic points: first, the priority of peace as a higher objective (maqṣid) of sharī‘ah than rights and justice; second, the verification of the ratio legis (taḥqīq al-manāṭ). This paper argues that this ideological interpretation could shift the purpose-0riented basis of maqāṣid al-sharī‘ah to result-oriented objectives, which focus on specific ideologies tosatisfy contradicting political ends.

Startup Ltd.: Tax Planning and Initial Incorporation Location

Do startup firms consider taxes when they decide where to organize? This Article analyzes the incorporation decisions of relatively new, US-based private business enterprises with global ambitions. Such startup firms generally organize as US corporations. This Article theorizes this dominant structure and its exceptions, drawing from prior literature and illustrating with informal interview results. It identifies explanatory factors including limited tax benefits of non-US incorporation, legal benefits of US incorporation, startups’ liquidity and other resource constraints, and investor preferences.Part II explains the different treatment of US- and non-US-parented multinational corporations (MNCs) under US federal income tax law. Some non-US-parented MNC structures have tax advantages compared to US-parented MNC structures. This prompts the hypothesis that US-based startup corporations may incorporate outside the United States, for example in a tax haven jurisdiction, if the non-tax costs of a non-US incorporation decision are sufficiently low.Part III reports that available empirical work shows few examples of startup corporations headquartered in the United States and incorporated in tax haven jurisdictions. Prior work and informal interviews reported here support the conclusion that venture-backed Silicon Valley startups generally organize in the United States, form corporations rather than partnerships or LLCs, and prefer the state of Delaware as an incorporation jurisdiction. Available examples, drawn in large part from initial public offering (IPO) evidence, corroborate the conclusion that Delaware incorporation is the norm. The evidence also reveals exceptions to the general rule of US incorporation concentrated in particular industries, such as insurance and marine transportation. Part III also identifies several additional examples of US-based, non-US-incorporated firms, scattered among different industries.Part IV explores several possible reasons for the dominant structure of US incorporation for startup firms. One reason is the limited relative tax advantages of non-US incorporation. For example, US-parented MNCs can often obtain low tax rates on non-US income, sometimes access offshore cash without onerous US tax results, and erode their US taxable income base to some extent. Another reason is that a US-parented structure can provide corporate governance and other non-tax legal advantages

Legal Analysis Regarding the Potentiality of Considering Environmental Damage a War Crime

Triggered by the open letter from 24 scientists which calls on governments to draft a fifth Geneva Convention related toward a more explicit protection of the environment during an armed conflict between engaged states, this paper tends to analyze the legal potentiality of environmental damages being properly considered as war crimes. Simultaneously, this contemporary occurrence has certain influences upon international environmental law by critically reviewing the existing legislation concerning environmental damage and military activities, comparing the fundamental elements of both war crimes and crimes against humanity in order to determine potential conflicts of international norms, as well as objectively perceiving the legal benefits that could be obtained by the consideration of drafting newly developed principles, regulations and guidelines which should also include animals and non-human species to wildlife affected by war and military operations.

Formalising and Informalising Labour in Vietnam

ABSTRACT Scholarship on labour informalisation in Vietnam pulls in two different directions. One set of policy-focused literature suggests that there is an increasing formalisation of labour. Literature of critical labour studies and cognate disciplines, however, suggests the opposite; an increasing informalisation of labour as workers must accept less security of employment and income. This article argues that these two trends are both true, and that there has been a simultaneous expansion and informalisation of formal labour. It introduces the concept of the informalising-formalising labour regime. The formalising element of the informalising-formalising labour regime means that increasing numbers of people have been brought into the formal economy, as salaried workers with contracts. Concurrently, work within the formal economy has become increasingly informal. Such workers may enjoy some legal benefits or entitlements, but in comparison to previously existing formal urban jobs this work is much less secure. Viewing informalisation as a form of class struggle from above, the article argues that employers in the garment and footwear industry use many techniques to informalise work. It outlines the informalising-formalising labour regime, focusing on various concrete techniques used by capital to fragment working class power.