Local Statute Research Articles

Revisi Kebijakan Pengangkatan PLT Kepala Daerah

The purpose of this investigation and analysis is to produce a plan for how to elect temporary regional heads in perfect local government. The termination of the 2022 regional elections is a consequence of the 2024 simultaneous regional elections. The Indonesian government will then appoint dozens of regional governors to serve as interim leaders until a permanent replacement is found. In terms of the problem framework, this study asks, "First, what is the problem with the mechanism for appointing acting regional heads?" "Second," you may wonder, "how do you reorganize the authority to appoint acting regional heads? Using primary and secondary sources, this study uses normative juridical research as its methodology. In the end, this analysis concludes: In Indonesia's current administration of regional government, the system of appointing acting regional heads has the potential to create political conflicts of interest, if political coalitions propose a president and vice president, they can bow to the interests of the coalition and elect acting regional heads who are not neutral. Second, the low legitimacy of regional heads who act for two years without being elected by the people. Third, the ability to elect regional heads temporarily must be reorganized. Moreover, the local government statute expressly states that the position of the regional head is held by the regional secretary (sekda), making the regional secretary the most likely alternative for the regional head and protecting him from political interests.

Population Engagement and Consultation at the Local Level: Thailand Experience.

The World Health Organization handbook on Strategizing National Health in the 21st Century has emphasized the importance of the process of population consultation on needs and expectations. According to Thailand National Health Act 2007, three innovative social tools for participatory healthy public policy process were proposed, i.e., health assembly, health impact assessment and health system statute (charter). In practice, population consultation process is required in the process of the tools implementation. Therefore, this paper aims to illustrate how local health statute implementation supports population participation and consultation at the local level. The first local health statute owned by Cha-lae sub-district in Songkla Province had been introduced in 2009. So far, there are above 500 sub-districts or "Tambon" having their own health system statutes. Tambon Administrative Organization (TAO), health and non-health sectors, community leaders and civil society seemed to be key actors or a mechanism for the local health statute. This demonstrated three crucial elements or sectors for policy development, i.e., policy maker, evidence support and society. Contents of the local health statute are wide ranged, including social determinants, risks and diseases, life style, health services, health fund, to mental and social health in regard to the local problem and context. Therefore, it needs the process of discussion and consultation to seek their common interest and expectation. Local health statute in Thailand is an example of engagement and consultation of the population for health policy. This confirmed the process of population consultation on their needs and expectation that can be implemented both at national and local levels. This is also the strategy to improve the accountability of policy makers for health impacts at all levels of policy making. The challenges of local health statute include the mechanism to maintain and ensure the engagement and ownership for sustainable implementation. Lastly, the local government's continued commitment toward providing funding support through the implementation process and the self-assessment framework of implementation is needed.

자치단체의 독서진흥조례 내용분석

The purpose of this study is to investigate and analyze present condition of enactment and enforcement of regulation for reading culture promotion which is a local statute of the autonomous community of Korea to suggest effective improvement methods for operation of ordinance and regulation. In this research, literature review and regulation analysis were conducted and investigated. The results of this study are as follows. 1) There were 77 ordinances of reading related local statutes of 245 metropolitan and primary local authority and 7 regulations. 2) Ordinances and ordinance regulation of the local government and local government of education are being named variously. 3) Composition of ordinances ordinance regulation were not systematic due to diverse contents of ordinance by local government according to the names of ordinance, and they overlapped with similar contents in general. 4) There were 10 ordinances and 2 official orders for the abolished reading related local statutes of the local government until today. This study suggested the following methods to vitalize the reading culture promotion policy. 1) It would be necessary to improve awareness by promoting the reading promotion policy. 2) Optimal name for local statute and ordinance that considered the environment of reading promotion of local statue need to be assigned, and contents of the ordinance regulation related to reading needs to be consistent. 3) Local statutes need to be established by collecting enough opinions of residents or specialists after thoroughly examining problems of the ordinance before abolition.

Enacting a Local Reform in the Age of Reform: A Salary for the Chairman of Middlesex Sessions

This article examines the unsuccessful attempts made from 1833 to 1842 by Middlesex's justices of the peace to obtain a local statute allowing them to pay a salary to their chairman. Instead of securing such an act, they had to settle for a statute enacted by the government, a statute authorising the government to appoint their chairman for judicial proceedings. The article uses the story of Middlesex's attempt to obtain a salary for the chairman to examine: justices' attempts to reform the office of chairman of county Sessions; the limited powers of justices in their county Sessions; and the centralising aspirations of central government.The statute that the government produced in 1844 originated as a public bill. In contrast, the statute that Middlesex had attempted to obtain originated as private bills. The statute enacted by the government contained defects that probably would not have marred a statute enacted under the rules governing private bills. So, this article uses the legislative misadventures of the government's bill to compare the procedures for enactment of public and private bills. The article therefore provides a case study of mid‐19th‐century legislative procedures governing enactment of local legislation, while arguing that, as of the mid 19th century, parliament had not developed procedures appropriate to both representative government and a centralising central government using public bills for local matters.

Turkish consumers’ purchase attitude and behaviours towards Kahramanmaras type ice cream as a local branded product

The consumption trends of Kahramanmaras type ice cream of Turkish consumers have been considerably increasing for the last decade due to improvements related to the consumers’ purchase powers, a rapid progress in ice cream technology, and dietary and health concerns. The aim of the study is to determine the main factors affecting the consumers’ perception and preferences of Kahramanmaras type ice cream, and to analyze their purchase attitude and behaviours towards it. The results of the study showed that the nutritional quality and information, brand prestige, sensorial quality attributes, trust to manufacturer, ice cream mixture attributes, local brand satisfaction and social statute had the major effects on the preference and acceptance of the product. And also the share of the ice cream expenditure within total food, monthly income, age, education, family size, occupation of the consumers played the important roles on the amounts of their consumption, respectively. These findings could provide some important information to its manufacturers, retailers and marketers, and this information could be used to develop the deterministic marketing tactics and strategies, and to design a new ice cream based on the marketing mix for the target consumer segments. Key words: Factor analysis, Kahramanmaras type, ice cream attributes, MRCanalysis, Turkish consumer’s attitudes.

Solomon’s Temple, “The British Church,” and the Central Role of the Heart in The Temple

Solomon’s Temple, “The British Church,” and the Central Role of the Heart in The Temple Chauncey Wood In the stormy seas of seventeenth-century religious, political, and social controversy it was not only prudent but often necessary by indirections to find directions out. In fact, so compelling was the need for ambiguity and equivocation that it became second nature for writers to write in some sort of code. Annabel Patterson has studied this cultural phenomenon at length, and she concludes that what we find everywhere apparent and widely understood, from the middle of the sixteenth century in England, is a system of communication in which ambiguity becomes a creative and necessary instrument, a social and cultural force of considerable consequence. . . .Writers . . . gradually developed codes of communication, partly to protect themselves from hostile and hence dangerous readings of their work, partly in order to be able to say what they had to publicly without directly provoking or confronting the authorities.1 Herbert was nothing if not sensitive and perhaps he deleted the following lines from “The H. Communion” in the Williams MS in order to back away from a contentious controversy about what happens to the elements in communion: ffirst I am sure, whether bread stay Or whether Bread doe fly away Concerneth bread, not mee. (ll. 7–9)2 Fortunately for him, his audience, the coterie group so well described by Cristina Malcolmson, was made up of readers as sensitive to nuance and contemporary crosswinds as could be wished, so he could be confident that his ideas, some of which were very unconventional and controversial, would be discoverable even when not openly stated.3 [End Page 127] In The Country Parson, for example, Herbert sometimes writes very elliptically in order to avoid censure while expressing the thoughts he wanted to convey. Ronald Cooley has perfectly described the process in the way Herbert approaches the vexed issue of kneeling or sitting for communion. Herbert’s writing is “neither a simple statement of his own beliefs, nor a slavish formalism, but a complex negotiation among a range of possible formulations: what he thinks he must say, what he might like to say, and what different sorts of readers might need or want to hear.”4 Moreover, we may add to Cooley’s list that readers must pay attention to what is said, to how it is said, and to what is left unsaid. For illustration of these principles at work let us turn to an example of Herbert’s handling of a controversial issue of the time, the economic, political, and religious problems presented by poverty. The most elaborate reference to poverty in The Country Parson is in Herbert’s chapter “The Parson’s Charity,” in which he praises the major source of funds for the poor: tax money appropriated and distributed according to the Poor Law Act of 1601. Beyond the poor box and the Parson himself, the Parson can make use of that excellent statute [the Poor Law Act], which bindes all Parishes to maintaine their own. If his Parish be rich, he exacts this of them; if poor, and he able, he easeth them therein. But he gives no set pension to any; for this in time will lose the name and effect of Charity with the poor people, though not with God: for then they will reckon upon it, as on a debt; and if it be taken away, though justly, they will murmur, and repine as much, as he that is disseized of his own inheritance. (p. 244) In characteristically indirect fashion, Herbert first praises the statute, refers to its third paragraph on assessing the rich to maintain the poor; yet goes right on to ignore the Act to protest against set pensions, about which the Act is silent. Herbert’s praise of the named, national statute is made equivocal by his rejection of a key part of the unnamed, uncited local statute. Clearly, Herbert took issue with the local Salisbury pension scheme. Did he take issue with “that excellent statute” as well? Yes. He goes on to discuss the social benefits of set pensions versus the spiritual benefits of the Parson’s charity, arguing that...

Dictata ad ius Hodiernum/Lectures on the Contemporary Law (Ms Leeuwarden P. B. F., Hof 33) (review)

Reviewed by: Dictata ad ius Hodiernum/Lectures on the Contemporary Law (Ms Leeuwarden P. B. F., Hof 33) Jason Taliadoros Voorda, Jacobus , Dictata ad ius Hodiernum/Lectures on the Contemporary Law (Ms Leeuwarden P. B. F., Hof 33), transcribed, ed. and trans. Margaret Hewett (Werken der Stichting tot Uitgaaf der Bronnen van het Oud-Vaderlandse Recht, vol. 32), Amsterdam, Royal Netherlands Academy of Arts and Sciences, 2005; cloth; 2 vols., pp. lxii, 1483; 20 b/w illustrations, 1 colour illustration; R.R.P. US$170.00; ISBN 9069844435. South Africa's legal history is inextricably tied to that of the Netherlands. When Jan Van Riebeck sailed into what is now Cape Town in 1652, Roman-Dutch law obtained in South Africa. As its name implies, Roman-Dutch Law combines the customs and statutes of the Netherlands with Justinian's compilation of the Roman law (c. 533-35 AD), the so-called Corpus iuris civilis, comprising four main texts: the Digest, containing the opinions of a number of the most eminent Roman jurists and arranged in fifty books; the Code, a collection of the legislation of previous Emperors; the Novels, later decrees issued by Justinian himself; and the Institutes, a treatise summarising the Roman law and intended for use by students. With the Netherlands' rise to global prominence as a colonial power, the seventeenth century witnessed an efflorescence of Dutch Roman legal teaching and scholarship, evident in the works of Hugo Grotius (1583-1645). But, while his emphasis was largely theoretical, eighteenth-century Dutch teachers of law, such as Johannes Voet (1647-1713), focussed on the more practical aspects of the law. In particular, they sought to determine which aspects of the Corpus iuris still applied and which had been abrogated by local custom or statute, that is the study of the ius hodiernum (contemporary law). Margaret Hewett's introduction to her transcription, edition, and facing-page English translation of Jacobus Voorda's (1698-1768) Dictata ad ius Hodiernum (Lectures on the Contemporary Law) fails to adequately foreground Voorda and his work in the context of seventeenth- and eighteenth-century developments in law teaching and legal theory, a circumstance for which she makes no apology (p. xxx). Indeed, this two-volume work of the Dictata, or lectures, given by Voorda at the University of Utrecht between 1744 and 1770, is not intended for a general audience. In the Preface, she acknowledges that her task here, rather, was to complete the work begun by the late Professor Paul van Warmeloo's partial Dutch-language critical edition of the Dictata, published in the 1990s (p. vii). Hewett's translation is an attempt, in her own words, to be 'as clear and pragmatic as the original' (p. xxix), a style which lends itself appositely to the lawyers and judges in South African courts who will read this work. Notwithstanding this, her [End Page 269] opus will undoubtedly do much for scholarship on eighteenth-century legal and intellectual history, by making Voorda's text accessible to an English-language audience for the first time; the autograph manuscript (Ms Leeuwarden P. B. F., Hof 33), on which she bases her transcription, resides in the Provincial Library of Friesland and is some 1,021 pages in length. Hewett's edition, therefore, brings to light a lesser-known but important moment in the modern European exposition of the ius hodiernum. Indeed, the Dictata is unique in its treatment of the interaction between Roman and local law at this time, an analysis which modern lawyers would call 'conflict of laws'. It does not confine itself merely to a study of the application of Roman law in one, but in all seven, of the then recently-united provinces of the Netherlands. This gave Voorda's work a degree of utility that few others of the time matched. Further, Voorda's Dictata contains a text-within-a-text, namely a generic style of manual – called a Differentiae iuris – much used by academics in his day, which concisely stated the Roman law from the Digest and then briefly the contemporary law of the various provinces in the Netherlands; that is, a short pamphlet of lemmata. The version of the Differentiae iuris which...

The Proliferation of Bits: Conflicts of Treaties, Proceedings and Awards

The considerable number of bilateral investment treaties (BITs) in force has given rise to conflicts when, in relation to the same subject matter, a right of action exits for a given investor (or related investors) under different BITs. In fact, two recent international disputes, the CME v. Czech Republic and Lauder v. Czech Republic arbitrations, have attracted widespread attention as the first example in which this situation has arisen. The same acts by the Czech Republic were subject to two separate arbitrations conducted concurrently. The two cases, however, underwent conflicting procedures, were dealt with under conflicting governing treaty provisions and resulted in seemingly conflicting awards. This situation has highlighted the risks inherent in the current international investment regime of intricate, non-coordinated networks of BITs. The fundamental risk is that this glaring inconsistency could potentially bring a backlash against international investment. On the other hand, the speedy completion of all litigation in the Czech cases (including full payment by the State concerned), notwithstanding these complexities, indicates that international commercial arbitration (rather than institutional frameworks providing for remedies such as consolidation of proceedings) may effectively resolve disputes, with full respect given to substantive law and due process. The CME/Lauder v. Czech Republic arbitrations were possibly the first publicly known disputes under a BIT decided through international commercial arbitration proceedings in accordance with the UNCITRAL rules instead of within the International Centre for Settlement of Investment Disputes (ICSID). The national courts of the country where the award was rendered, Sweden, had to rule on the challenge, brought in accordance with the local arbitration statute, by the losing State, in which the Czech Republic argued to set aside the awards based on the alleged conflict of the two proceedings and resulting awards. This Essay considers the implications of these proceedings and subsequent judicial rulings.

Battling "the bane of our cities": Class, territory, and the prohibition debate in Toronto, 1877

In the nineteenth century, the tavern was an important institution in urban working-class life. Because of the social ills associated with alcohol abuse and public drinking, there were frequent attempts to lessen the tavern's importance or to eliminate it entirely. This paper examines several tavern-related issues that emerged in Toronto in the 1870s and 1880s. The Crooks Act, passed in 1876, employed powerful measures to deal with political and temperance questions simultaneously. The intersection of class, politics, temperance, and urban life led to a territorial solution to the liquor question. These issues were dealt with by the people of Toronto in 1877, when they declined to prohibit public drinking in the city via the Dunkin Act, a local option prohibition statute of the Province of Canada.

Federal Courts. Diversity Jurisdiction. Diversity Exists Where Injured Party, Co-Citizen of Insured, Sues Foreign Liability Insurer under Local Direct Action Statute

Federal Courts. Diversity Jurisdiction. Diversity Exists Where Injured Party, Co-Citizen of Insured, Sues Foreign Liability Insurer under Local Direct Action Statute

Applicability to Foreign Claims of Time Limitation in Local Wrongful Death Statute

Applicability to Foreign Claims of Time Limitation in Local Wrongful Death Statute

Federal Jurisdiction in "Diversity Cases". Application of Local Statute Prohibiting Deficiency Judgments to Out-of-State Transaction. Refusal of State Court to Take Jurisdiction of Suit for Deficiency Judgment as Binding on Federal Court in Same State

Federal Jurisdiction in "Diversity Cases". Application of Local Statute Prohibiting Deficiency Judgments to Out-of-State Transaction. Refusal of State Court to Take Jurisdiction of Suit for Deficiency Judgment as Binding on Federal Court in Same State

Conflict of Laws: Workmen's Compensation: Local Statute as a Defense to a Local Cause of Action

Conflict of Laws: Workmen's Compensation: Local Statute as a Defense to a Local Cause of Action

Taxation. Federal Gift Tax. Taxability of Maintenance Payments Made Pursuant to Local Statute

Taxation. Federal Gift Tax. Taxability of Maintenance Payments Made Pursuant to Local Statute

Conflict of Laws. Subrogation by Local Statute to Action under Foreign Death Act Naming Exclusive Beneficiaries

Conflict of Laws. Subrogation by Local Statute to Action under Foreign Death Act Naming Exclusive Beneficiaries

Statute of Frauds and Part Performance

129 CHARLES II, C. 3, ? 4 (I677). IV. And be it further enacted by the authority aforesaid, That . . . action shall be . . . (3) to charge any person upon any agreement made upon consideration of marriage; (4) or upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them; (5) or upon any agreement that is not to be performed within the space of one year from the making thereof; (6) unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. Compiled Statutes of North Carolina I919, Section 988. All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them, and all leases and contracts for leasing land for the purpose of digging for gold or other minerals, or for mining generally, of whatever duration; and all other leases and contracts for leasing lands exceeding in duration three years from the making thereof, shall be unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized.' CooK, CASES ON EQUITY (1925) 413. Note the use of void rather than no action shall be brought as in the original statute, 29 Charles II, c. 3, ? ( I677). some states the English statute of frauds has been copied rather closely. In others the statutes, though following the English model, have been framed with material variations. It would be difficult to say what is the typical American statute. But it would be safe to say that the interpretation of the American statutes has never been approached as an original problem. They have been read in the light of the English statute and the decisions thereon. Slight variations in phraseology have not been regarded as varying in meaning, and, in some cases, the language of the local statute has been ignored in favor of traditional law, as in Riley v. Bancroft's Estate, 5I Nebr. 864, 7I N. W. 745; and Abbott v. Draper, 4 Den. (N. Y.) 5I, holding 'void' to mean merely 'unenforceable. IURFEE, CASES ON EQUITY (I928) 420. 2See Costigan, Interpretation of the Statute of Frauds (I919) I4 ILL. L. REV. I, 5.