Rule Of Law Research Articles

Current Measures for Handling Cyber Bullying and Its Path to the Rule of Law: Based on a Comparative Study

Current Measures for Handling Cyber Bullying and Its Path to the Rule of Law: Based on a Comparative Study

PENERAPAN PRINSIP GOOD GOVERNANCE DALAM PELAYANAN ONLINE SINGLE SUBMISSION DI DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU KABUPATEN NGANJUK

DPMPTSP Nganjuk Regency in improving quality services by being a pioneer in implementing an online service licensing system. The Online Single Submission (OSS) system was launched because the registration and permit application process can be done online, reducing bureaucracy and speeding up the licensing process and it is hoped that this will create a more conducive and highly competitive business environment. The success of OSS reflects a consensus between government, society and the private sector to achieve good governance. This research aims to determine and analyze the implementation of good governance and the driving factors as well as inhibiting factors in the implementation of good governance principles in the Nganjuk Regency Investment and One-Stop Integrated Services Service. Qualitative research methods. Data collection techniques include observation, interviews and documentation. The data analysis technique uses data analysis by Miles Huberman, & J. Saldana in Sugiyono (2018). The research results are based on indicators of the application of good governance principles according to Sedarmayanti (2013), namely optimal accountability, optimal transparency, participation that is not optimal, and the rule of law is quite optimal.

Constitutionality of the Determination of the Candidate for Vice President of the Republic of Indonesia Based on the Law of State Administration

In 2024 Indonesia will hold General Elections (PEMILU) to elect the President and Vice President. Interestingly, even though the election has been completed, there are still controversial matters that lead to endless debates, namely related to the polemic over the validity of the determination of Gibran Rakabuming Raka as the Vice Presidential Candidate of the Republic of Indonesia. This study aims to provide an objective picture of the validity from the point of view of state administrative law with a theoretical approach that refers to the purpose of presenting state administrative law. The research method used is normative juridical research, using primary materials in the form of KPU Regulations, KPU Decisions, and MK Decisions 90/PUUXXI/2023 and secondary materials in the form of books, journal articles, and relevant online sources. The findings of this study show that the determination of Gibran Rakabuming Raka as the Vice Presidential Candidate of the Republic of Indonesia is contrary to Formal and Material rules in State Administrative Law.

The choice of the PICC as the proper law of the contract in Latin American jurisdictions: Chilean contract law as a sample study

Abstract This article analyses a distinctive trend in Latin American conflict laws to enable the parties to choose the Unidroit Principles of International Commercial Contracts (PICC) as the proper law of the contract since this choice must be upheld by national courts. This provides an incentive for contracting parties linked to Latin American jurisdictions to adopt updated and fair rules that are inexistent in their domestic contract laws. This trend began with the 1994 Mexico Convention and has spread to the new conflict rules on contracts enacted in Latin America and even to the 2015 Hague Principles. Nowadays, the choice of the PICC to govern the substance of a contract might be upheld in the national courts of several Latin American countries. This solution is unique since it is not allowed in most jurisdictions, such as those of the European Union, which only accept ‘ordinary legal techniques’ for applying the PICC. There is now legal certainty that the PICC will be applied in arbitration and litigation in these Latin American jurisdictions, either via the ordinary legal techniques or via choosing the PICC as the rules of law governing a contract subject to judicial adjudication. This benefits parties that do not have in their domestic contract law some of the PICC’s solutions. Using Chilean contract law as a sample study, we will show that the PICC’s rules on the pre-contractual stage and on hardship are better suited than existing national laws to negotiate, conclude, and perform international commercial contracts.

Counter-hegemonic uses of law in struggles for freedom of movement in the Central Mediterranean

Law constitutes the architecture of the governance of global mobility. It regulates the irreducible impulse to move, binding people to territories through the institution of citizenship and limiting the possibilities of crossing international borders. Law can also be mobilised to secure the rights of people on the move. In the Mediterranean various actors interact across a densely entangled legal landscape involving the Law of the sea, fundamental rights and asylum, and public law rules granting control and repressive powers to states for border protection and crime prevention. This article asks if — and under which conditions — law can take on counter-hegemonic qualities in the struggles for freedom of movement. It argues that legal interventions that support migrants on the move can be counter-hegemonic if they combine different approaches regarding the legal responsibility of states and when they support migratory claims to enter European territory without focusing only on the issue of international protection.

Corruption and Social Norms: A New Arrow in the Quiver

One key question driving innovations in corruption studies is how anticorruption reforms can be more impactful and sustainable. This is critical to understand due to the detrimental impact of corrupt practices on equality, human rights, peace, and the rule of law. A significant body of research has shown that many anticorruption initiatives do not produce the expected effect, or they achieve results that fade after the intervention ceases. Seeking to understand how to improve anticorruption outcomes, scholars have turned to causal explanations of the persistence of corruption ranging from institutional settings and individual motives to informal practices and social norms. This article explores the intersection of social norms and corruption as a contribution to improving anticorruption programming. It explains how norms impact our conceptual understanding of corruption and the vicious cycle that exists between corrupt practices and norms. Grounded in the belief that programming and social norm diagnosis need to be contextually driven, we lay out the nascent research on changing social norms that drive corruption and the consequences of ignoring them.

Are natural resources a curse, a blessing, or a double-edged sword? Implications for environmental sustainability

Natural resources have a significant impact on economic and political landscapes of developing countries which determines environmental sustainability. This study explores the convoluted connection between governance and natural resources, examining how resource abundance might influence governance quality. The main components of this dynamic that the theoretical framework considers are the Rentier effects, the repression effects, and the obstruction of modernization. This study creates a governance index applying principal component analysis (PCA) on several governance characteristics, such as political stability, rule of law, government efficacy, regulation and control of corruption, to measure governance comprehensively. Natural resource exports, rents, and the differentiation between renewable and non-renewable natural resources are the three proxies used to quantify natural resources, providing a more nuanced view. To calculate the effect of renewable and non-renewable natural resources on governance in developing nations, the econometric methodology uses a dynamic panel model and system GMM. This analysis reveals that the ability of renewable resources to promote inclusive development has a favourable impact on governance. On the other hand, non-renewable resources show a negative correlation, mainly because of their vulnerability to swings in the world price and their propensity to consolidate power and promote corruption. The significance of differentiating between natural resource types is highlighted in this study, along with the possible advantages of renewable resources for governance and the disadvantages of an over-reliance on non-renewable resources. Policymakers, researchers, and practitioners interested in the development and governance difficulties encountered by resource-rich developing nations can benefit greatly from this research's larger and more complex understanding of the link between natural resources and governance.

Russian Public Assembly Law: Constitutional Evolution 1993–2023

The current Public Assembly Law in the Russian Federation, which regulates the implementation of the constitutional right to freedom of peaceful assembly in Russia, has been developed and formed over the course of the past three decades, following the ratification of the Russian Constitution in 1993. The Public Assembly Law can be described as an important institute of public law as well as a sub-branch of the constitutional law of Russia, which combines constitutional provisions, relevant norms of the federal and regional laws and case law of the Russian Constitutional Court regarding the implementation of the Freedom of Peaceful Assembly. The modern Public Assembly Law has high importance for the development of a democratic society and for the rule of law. The author investigates the constitutional adjudication of the Russian Constitutional Court from 1993–2023, focusing in particular on its eleven judgments concerning the implementation of Article 31 of the Russian Constitution, which defines the constitutional standards of the Freedom of Peaceful Assembly. The author also examines several prominent cases of the Russian Constitutional Court, referred to as decisions with positive content, which are crucial for obtaining a systemic overview of the current problems of the Public Assembly Law in the Russian Federation.

The Changes of the Basic Rights in the Current Constitution of China

The current Constitution of the People’s Republic of China is the 1982 Constitution, which is the fourth constitution after the founding of the People’s Republic of China. The provisions of the current Constitution on the fundamental rights of citizens are generally similar to those of the first Constitution of 1954, but are more specific, while the freedom of movement provided for in the 1954 Constitution is deleted. The 1975 Constitution and the 1978 Constitution are the second and third Constitutions, respectively. Because of their special historical period, the provisions on fundamental rights in these two constitutions are retrogressive and failing. The historical background of the revision of the Constitution, the possibility of realizing rights and the level of social development are the main reasons for determining the provisions of the basic rights of citizens in the 1982 Constitution. In 2004, the current Constitution was amended to include “the State respects and protects human rights,” which establishes the constitutional obligation of the State to guarantee human rights. In practice, there is still ongoing debate over how the State’s guarantee obligations are implemented and whether citizens can file lawsuits if they believe that their fundamental rights have been violated. In recent years, the recordation review has partially realized the supervision of legislation that may infringe on citizens’ basic rights by reviewing the constitutionality and legality of laws and regulations, but citizens have not been able to directly protect their rights through litigation. The changes in the basic rights of citizens in terms of constitutional provisions and legal guarantees over the past 40 years are the result of the development of the rule of law in China. In order to more effectively solve the problem of constitutional rights from text to reality, it is also necessary to further develop the constitutional review system.

Provision representation by third parties

Relevance. The study is devoted to determining the substance of representation given by a third party and their place among the general models of third party participation in another contractual obligation (Articles 312, 313 and 430 of the Civil Code of the Russian Federation). The possibilities of applying the current rules of positive law on the participation of a third party in another contractual obligation to representation provided by a third party are analyzed. Due to the presence of only explanations of the Supreme Court of the Russian Federation on such representations, there is a need for scientific formulization in this regard.The purpose of the article is to formulization theoretical provisions on representation provided by a third party and their relationship to existing models of third party participation in another contractual obligation.Objectives. to determine the most appropriate rules for applying to representationы given by a third party on a specific model of a third party's participation in another contractual obligation.Methodology. The author used dialectical-materialistic method, methods of analysis and synthesis, a systematic method, as well as methods of description and formal-legal method.Results. Based on the results of the study, it was found acceptable to apply the rules on contract in favor of a third party (Article 430 of the Civil Code of the Russian Federation) to the construction of representation provided by a third party.Conclusion. The structure of representation given by a third party proposed by the Supreme Court of the Russian Federation should be properly integrated into the existing domestic system of contract law. However, it has been revealed that the legal substance of the representation provided by a third party is not acceptable for all general models of third party participation in another contractual obligation. The closest model of a third party's participation in another contractual obligation to the construction of representation provided by a third party should be considered a contract in favor of a third party.

Human rights and value of cash: Evidence from Islamic and non-Islamic countries

This study examines whether and how human rights (HR) have bearings on the value of cash. Given the positive effect of HR improvement on corporate governance (CG) and that of CG on cash value, HR should positively affect cash value through CG. Using 23 Organization of Islamic Cooperation countries and 88 other countries during the period 1995–2019 as the sample, this study finds that the value of cash and excess cash is lower in Islamic countries than in other countries. Additionally, HR have a positive effect on cash value, but this effect is weaker for Islamic countries than for other countries. Furthermore, economic development (ED) (rule of law (RL)) reinforces the positive effect of HR on cash value, and this effect is stronger (weaker) for Islamic countries than for other countries. Study results provide important implications. Given the observed striking differences in results between Islamic and other countries, future related research should consider them to improve validity and reliability of empirical results. Multinationals or firms that consider establishing subsidiaries in foreign countries should also consider country-specific factors, like types of countries, HR, ED, and RL, because they may affect the agency and external financing costs. Furthermore, national governments can evaluate the effectiveness of HR promotion by referring to the study results regarding HR's positive effect on cash value such that they can fine tune their HR and economic policy as well as enforcement of RL to better achieve their intended goal of improving HR and CG.

Criminal Law Regulation and Conviction Standards of Cyber Violence: Taking the Crime of Cyber Insult and Defamation as an Example

With the advent of the Internet era, interpersonal communication in real space has gradually spread to cyberspace. Whether the legal regulation of real space should follow and restrict the behavior norms of virtual space has become an important issue discussed by the academic community. Although civil law and other laws have certain regulations on the cyberspace, it is not enough to rely solely on general laws such as civil law to limit the escalating problem of online violence in cyberspace. Therefore, discussing the intervention of criminal law has become of utmost importance. Due to the ease of making comments in virtual spaces, as well as the large number of people and a mix of good and bad, the phenomenon of insult, defamation, and wanton abuse is the most widespread. Therefore, online insult and defamation has become a typical manifestation of online violence. The provisions of China's criminal law on the crime of online insult and defamation are still relatively broad and lack specificity, which brings certain difficulties to judicial practice when facing serious consequences of online insult and defamation. By exploring the criminal law regulations and conviction standards for online violence, using case analysis and comparative research methods, the criminal law rules for online insult and defamation can be further refined, effectively punishing and timely preventing online insult and defamation, purifying the online environment, safeguarding the rights and interests of netizens, and promoting the further development of criminal law in virtual space.

The nature and significance of the political ideal of the Rule of Law: Hayek, Buchanan, and beyond

The nature and significance of the political ideal of the Rule of Law: Hayek, Buchanan, and beyond

Application of Enforcement Mechanisms for Compliance with the Principle of the Rule of Law in European Union Practice

Application of Enforcement Mechanisms for Compliance with the Principle of the Rule of Law in European Union Practice

Governance and the relationship between corruption and FDI in Africa: a threshold regression analysis

ABSTRACT Research on the institutional environment, corruption, and FDI highlights an important facilitating relationship between these factors. The effect of corruption on FDI vis-à-vis the grabbing hand vs. the helping hand hypotheses has been previously examined with suggestions that both hypotheses can co-exist under the assumption that the FDI-corruption relationship depends on the level of institutions. This study revisits this relationship for 34 African countries over the 2005 to 2019 period using the dynamic panel threshold model, which allows for an endogenous threshold variable. Previous studies that have examined this relationship using a threshold regression approach are either not based exclusively on African countries (where the implication of this relationship is more salient) or use a threshold regression that assumes exogeneity of the threshold variable. This study examines the facilitating nature of governance measures – political stability, government effectiveness, rule of law and regulatory quality – on the corruption-FDI relationship. The results indicate significant threshold effects and shows that while the grabbing hand hypothesis is consistent with the data irrespective of the institutional proxy used, the helping hand hypothesis is sensitive to the choice of governance. These results agree with the strand of literature that supports a weak helping hand hypothesis.

The principle of legality and sustainable development goals (SDGs): Impact and practices in UAE constitution

The principle of legality constitutes one of the basic principles of the government’s rule of law, and as a result, it has been recognized as one of the most essential guarantees of human rights. The goals of sustainable development have a strong link with the principle of legality, and achievements in accomplishing a goal can frequently contribute to the accomplishment of other goals in addition. The United Arab Emirates’ constitutional framework, regulations, and rules, along with the goals for sustainable development (SDGs), were profoundly affected by the principle of legality. The method in which international standards and laws have been integrated into the UAE’s national legal framework provides definitive proof of this effect. The research concluded that all published and unofficial legal regulations have to be respected in order for public authorities to use within the limits of the principle of legality. These involve adhering to the standards of positive legitimacy and the fundamental regulations the community agrees on.

Quantifying the influence of natural resources rent, financial development, and institutional quality on energy security risk

Access to stable energy sources is crucial for sustaining economic development, providing public services, and safeguarding the wellbeing of individuals, making it a crucial component of national security and economic stability. Thus, an affordable and ample amount of energy is crucial for mitigating energy security risks. In this regard, a country needs to investigate the factors that can mitigate the risks related to energy security. The available literature on determinants related to energy security is limited. This research employs a novel cross-sectionally augmented autoregressive distributed lag model to examine the effects of natural resources rent, financial development, and institutional quality on energy security risk. The findings show that the natural resources rent, financial development, institutional quality index, voice and accountability, regulatory quality, political stability, government effectiveness, the rule of law, and control of corruption all help mitigate the energy security risk in the long run. In the short run, only financial development helps mitigate the energy security risks. The control variables of gross domestic product and trade increase the energy security risks, while the information and communications technology mitigates risks related to energy security in the long run. The findings help policymakers understand how the interaction of these factors helps reduce energy security risks.

Questions and Responses to the Legitimacy of Criminal Reconciliation: The Approach is Based on the Valueless Behavior

The process of promoting the construction of the rule of law in China, there have been emerging legislation, there are also behind the abolition of legislation, criminal reconciliation system through legislation also formally entered the investigation stage in China. But at the same time, the controversy about this system has never stopped, and the important status of money, a sensitive thing in criminal reconciliation, makes the public full of doubts and incomprehensibilities about this system. From loss reduced the things appear in the beginning, some scholars begin to looking for reliable for its legitimacy basis to prove the existence of this system is reasonable, until the system has the breakthrough on the legislation, but not for the public's confusion a systemic response and cracking. valueless behavior theory in considering the twin issues of legal interest undermines the effectiveness of criminal punishment as a deterrent, rendering it less impactful compared to alternative approaches. Consequently, within the framework of such punitive measures, accommodating a criminal reconciliation system becomes challenging.

Milestone of China's Foreign-Related Legislation – A Review of the Law of the People's Republic of China on Foreign Relations

The Law of the People's Republic of China on Foreign Relations is China's first foundational and comprehensive law in the field of foreign relations. This law promotes the rule of law both domestically and internationally in a coordinated manner, significantly enhancing the legal framework governing China's conduct of foreign affairs. It also makes substantial progress in the strategic development of foreign-related legislation, advancing the overall foreign-related legal system and integrity, quality and timeliness of specific legislation. Bearing distinct Chinese characteristics and reflecting the ethos of our era, this law stands as a milestone in the legislative history of China.

TINJAUAN YURIDIS TERHADAP PEMUTUSAN HUBUNGAN KERJA AKIBAT COVID-19 SEBAGAI ALASAN MEMAKSA FORCE MAJEURE (STUDI PUTUSAN NO 134/PDT.SUS-PHI/2021/PN JKT.PST)

The global impact of the Covid-19 pandemic has been substantial, particularly affecting the health and economic sectors across all countries. The virus's swift spread has resulted in heightened domestic activities, influencing the economy and disrupting businesses, employment, and overall social life. The Indonesian government has officially acknowledged the pandemic as a national crisis and emergency. In summary, the Covid-19 pandemic has deeply affected various facets, encompassing health, the economy, social interactions, and employment. To address this crisis, the government has implemented measures to mitigate its effects and safeguard the safety and welfare of the workforce. This study uses a method of normative jurisprudence with a legal approach (Statute Approach) and a case approach. (Case Approach). The library materials used in this writing are laws, court rulings, books, journals, websites and so on related to Covid-19, termination of employment, and force majeure. The findings of this research indicate that a company undergoing the challenges of the Covid-19 pandemic doesn't automatically qualify for force majeure; the company is required to demonstrate that the pandemic significantly impacts the viability of its operations, necessitating certain actions. Additionally, the rights of the workers must be upheld in such cases, ensuring their well-being and satisfaction. In legal proceedings, judges are tasked with enforcing the law in accordance with the principles of justice and the rule of law.