Normative Conflict Research Articles

Federal Sectoral Agreement on Higher Education Educational Organizations Needs Improvement

The article, based on the norms of the Labor Code of the Russian Federation, the doctrine of modern labor law, analyzed the Federal Sectoral Agreement on educational organizations of higher education under the jurisdiction of the Ministry of Science and Higher Education of the Russian Federation, identified duplicate and conflict norms, as well as other controversial aspects

“You need to have a feel for it”: The role of pronouns and particles within practices of positioning in norm conflict situations

Talking about language use in touristic encounters is a fruitful starting point for the investigation of positioning: mobility brings people into contact, which frequently results in conflicting norms about language use. An interactional analysis of interviews with tourism providers focusses on examples of pronoun use and pronoun shifting related to modal particles that accompany positioning in argumentation. An additional quantitative analysis sheds light on the relationship between the use of individual and generic personal pronouns and the German modal particles halt (‘just’) and einfach (‘simply’) in causal and conditional clauses. Despite their similar meaning, the two particles are shown to be unevenly distributed according to age and sentence types. A socio-pragmatic analysis reveals the conflicting positions interviewees take in the tourism industry and their use of generic pronouns and epistemic utterances to strengthen their argumentation as experts shifting between we, one, I and you, indicating the competence of taking different viewpoints. The use of generic pronouns in particular proves to be accompanied by modal particles, especially when an argument is opened or closed. Making use of deixis am phantasma, they point to general convictions and professional expertise in cases of uncertainty about conflicting norms.

Regulations Concerning International Arbitral Awards in Indonesia

One of the aims that underlies the establishment of the board of arbitration is to keep business dispute settlement efficient. The principle of resolving disputes through arbitration is final and binding, indicating that this decision can be directly enforced. The law concerning Arbitration in Indonesia asserts that an arbitral award can be taken further for an appeal to a District Court, or it can even be revoked. This is normative research with a theoretical approach. The research results conclude that international arbitral awards in Indonesia do not correspond to Gustav Radbruch’s theory because it fails to guarantee proportional justice for all interests and fails to ensure legal certainty due to conflicts of norms that may harm one of the parties. The clauses in the law governing arbitration in Indonesia need revising to fit Gustav Radbruch’s theory by removing articles that are not accordance with the principle of justice, certainty and expediency, should be a guarantee that arbitration international awards will be recognized dan implemented in Indonesia without any interference from Indonesia courts. Keywords: reward, justice, legal certainty, utility

Analisis Penyelesaian Sengketa Konsumen Melalui Arbitrase

Consumer disputes are disputes that occur between consumers and business actors in buying and selling transactions. The government issued the Consumer Protection Act to provide legal protection to consumers. However, in its implementation there is also protection against arbitration decisions that should and are binding, the Consumer Law provides an opportunity for parties who object to the offer can file an objection. Therefore, this study aims to find out how to resolve consumer disputes through arbitration in laws and regulations and how to resolve conflicts in dispute resolution through arbitration. The results of the study indicate that there is a conflict of norms between the Consumer Protection Act and the Arbitration and Alternative Dispute Resolution Act regarding the nature of the arbitration award which is final and binding. A form of norm conflict is to use it as a preference.

Family Morality and Tolerance for Corruption

A tolerant attitude towards corruption is considered in connection with the norms of family morality, aimed primarily at maintaining the well-being of loved ones and relatives. Based on the obtained em­pirical data, it is argued that the norms of family morality compel the closest relatives of a corrupt offi­cial not to protest against illegal income and not to condemn their corrupt relative for his or her illegal activities. Family morality in this situation is opposed to public morality, aimed at the common good and the observance of laws. It is proposed to consider the conflict of the society norms and family norms as necessary in all those situations where the interests of a large social group (society) do not coincide with the interests of a small social group (family) included in it.

On Böckenförde’s “A Christian in the Office of Constitutional Judge” - Discussed: Religion, Law, and Democracy: Selected Writings. By Ernst-Wolfgang Böckenförde. Edited by Mirjam Künkler and Tine Stein. Translated by Thomas Dunlap. Oxford: Oxford University Press, 2020. Pp. 480. $65.00 (cloth); Oxford Scholarship Online by subscription (digital). ISBN: 9780198818632. DOI: https://doi.org/10.1093/oso/9780198818632.001.0001.

AbstractIn the essay “A Christian in the Office of Constitutional Judge,” Ernst-Wolfgang Böckenförde addresses the dilemma of the Catholic judge who is sworn to apply a secular constitution yet who confesses to a “spirituality [that] knows no separation between the personal-private and the occupational spheres.” Böckenförde faced that dilemma in the 1993 abortion decision of the German Constitutional Court, which—with Böckenförde voting with the majority—held that abortion, while still punishable, allowed exceptions subject to certain conditions and counselling requirements. In this essay, the author situates that issue within the nature of judicial power and the ethical duties of the judge; the jurisdictional constraints that in other jurisdictions are available to avoid normative conflicts; and, finally, the challenges to judicial power when called upon to validate laws that go beyond the traditional punitive approach that merely prohibits and condemns, and that instead use welfare measures to actualize substantive norms taking into account social and historical realities.

Legal protection for outsourced workers/laborers due to termination of employment during the contract period

The enactment of Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 35 of 2021 raises legal problems in the form of conflicts of norms and has not reflected legal protection in the theory of legal objectives that are fair, certain, and beneficial. In the event of termination of employment for outsourced workers / laborers with a certain time work agreement within the contract period, Article 62 of Law Number 13 of 2003 concerning Manpower expressly requires the party who terminates the employment relationship within the contract period to providing compensation in the amount of workers/ laborers' wages until the deadline for the expiration of the term of the employment agreement, while in Article 61A of Law Number 11 of 2020 concerning Job Creation requires employers to provide compensation money whose amount is calculated based on the period of a certain time work agreement that has been implemented by the Worker/Labor. The problem in this study is how legal protection for outsourced workers / laborers due to Termination of Employment in the contract period and what is the concept of legal protection for outsourced workers / laborers due to Termination of Employment in the contract period. This research is a normative juridical research, namely research that examines the study of documents, namely using various legal materials such as: legislation, legal theory, case studies, court decisions and in the form of opinions of scholars (doctrine). The problem approach used in this study, using a statutory approach (Statute approach), conceptual approach (Conceptual approach), philosophical approach (Philosophical approach) and comparative approach (comparative approach) in different countries. In this study, the theory of the welfare state and the theory of legal protection as an analysis knife against the formulation of the first problem, while the theory of legal objectives and the theory of agreements as an analysis knife against the formulation of the second problem. From the results of this study, it was concluded that the legal protection for outsourced workers / workers due to termination of work in the contract period is not optimal and conflicts with each other because in Article 62 of Law Number 13 of 2003 concerning Manpower only provides compensation money in the amount of workers / laborers' wages with a certain time work agreement until the deadline for the expiration of the term of the employment agreement (the remaining contract period), while in Article 61A of Law Number 11 of 2020 concerning Job Creation requires employers to provide compensation money whose amount is calculated based on the period of a certain time work agreement that has been implemented by the worker / laborer (the contract period that has been lived), s It does not cause legal uncertainty that leads to injustice for both outsourcing service providers and outsourced workers/laborers. In addition, normatively as stipulated in Law Number 13 of 2003 concerning Manpower, Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 35 of 2021. The concept of legal protection for outsourced workers/laborers due to termination of employment in the contract period , among others, can be implemented with an employment agreement between workers/laborers and outsourcing companies on the basis of an indefinite time work agreement, but if the work agreement between the worker/laborer and the outsourcing company on the basis of an indefinite time work agreement then the principle of transfer of protection for workers / laborers must be applied in the event that the employer company appoints a new outsourcing company and the new outsourcing company is obliged to accept the transfer of workers/laborers from the old outsourcing company, whose object of work remains and the previously existing work agreement must be continued without changing the existing provisions in the agreement, unless changes are made to increase profits for their workers/laborers due to increased experience and length of service. Then it is necessary to form special institutions such as in the UK, ACAS (Advisory, Concilitation and Arbitration Service) who become supervisors in the field of labor so that when there is a violation committed by the company to outsourced workers / laborers, through the ACAS institution can provide fair protection to outsourced workers/laborers and in the event of termination of employment of outsourced workers / laborers, the Industrial Relations Court can decide as an unlawful act and the outsourcing company must find a job replacement for the outsourced workers/laborers who experience termination during the contract period and who are notable need to establish a special Law regulating outsourcing.

Confidentiality of the notary deed in the freedom of the academic pulpit

Many academic community members abuse the academic pulpit's freedom for inappropriate purposes. The purpose of this paper is to analyze the conflict or conflict of norms in the Article related to the obligation of a Notary to keep everything regarding the Deed he made and the explanation of the Article associated with the freedom of the academic pulpit (Article 8 Paragraph (1), Law of the Republic of Indonesia Number 12 the Year 2012), in the Republic of Indonesia. On the one hand, a notary must keep everything about the deed he made secret; on the other hand, a notary who is a teaching staff or lecturer must carry out his duties as an academic civitas. This writing uses a normative juridical method with a statute and conceptual approach. The results obtained are that the position of a notary is higher than the position of a notary as a lecturer; therefore, the notary's limitations regarding the academic pulpit are to the position of a notary as a public official, whereas a public official a notary is obliged to keep everything related to the deed he made, which means that he has been ordered to a notary. Not to give, show or notify the act’s contents except those with a direct interest. Therefore, regulators should study further if there is a conflict of norms in the Articles related to the Notary's obligation to keep everything confidential regarding the Deed he made.How to cite item: Margiyanti, R., Negara, T, A, S.,. Sjafi’i, R, I, R., (2022), Confidentiality of the notary deed in the freedom of the academic pulpit. Jurnal Cakrawala Hukum, 13(2). 184-193. doi:10.26905/idjch.v13i2.5735.

TANGGUNG JAWAB DIREKSI TERHADAP PARA INVESTOR DALAM MENJALANKAN PERSEROAN (Ditinjau Dari Undang-Undang Perseroan Terbatas)

A Limited Liability Company is a form of legal entity in the economic field in Indonesia and is one of the pillars of national economic development. The capital structure in a company business entity consists of shares owned by people or parties with the same interests. As a business entity in the form of a legal entity, of course it has an interest as it exists in humans. The position of a limited liability company is a legal subject whose position, rights and obligations are the same as humans before the law, so that in carrying out its activities and activities, of course there are company organs that run it. the directors are one of the parties responsible for managing the company in accordance with the goals of the company. This is because the directors are trustees as well as agents for limited liability companies. It is said to be a trustee, because the directors manage the company's assets, and are said to be agents, because the directors act out for and on behalf of the company. Research conducted using normative research types and can also be called doctrinal legal research. Normative law research serves to provide juridical arguments when there is a vacuum, ambiguity, and conflict of norms. In general, the approach in normative legal research consists of: statutory approach, conceptual approach, legal history approach, comparative approach and case approach. In running the company, if the directors carry out their responsibilities in accordance with applicable regulations and also in good faith and the precautionary principle, then the losses suffered by the company are not the responsibility of the company's directors. However, if the company's losses arise from within the directors themselves, such as being negligent in carrying out their responsibilities, then the losses suffered by the company can ensnare the directors to their personal assets.

The double-edged sword effect of ethical leadership on constructive deviance: An integrated model of two approaches based on organizational identification and normative conflict.

Based on the normative conflict model, this study proposes a dual-pathway model that is constituted of organizational identification and normative conflict, and examines the double-edged sword effect of ethical leadership on subordinates’ constructive deviance. According to the analysis of 449 questionnaires collected from Chinese employees, the results show that ethical leadership can promote employees’ constructive deviance by improving their constructive intention (Organizational identification), and it can weaken employees’ deviance motivation (normative conflict) to prevent their constructive deviance. Moreover, ethical leadership has different effects on different types of constructive deviance. This research further enriches the formation mechanism of constructive deviance and provides practical guidance to exert the effectiveness of constructive deviance in organizational management.

Hakikat Asas Pemisahan Horizontal Dalam Hukum Adat

The principle of horizontal separation in Indonesian Agrarian Law has a philosophical meaning of maximizing the utility of land for people's lives, including for the indigenous communities. The existence of this is to realize social justice for the people of Indonesia. The tangible manifestation of the horizontal separation is in the case of plantation business management between land owners in cooperation with plantation business actors as capital owners. However, in practice, there needs to be an adjustment from the application of the horizontal separation principle with the rules of customary law that apply to indigenous peoples so as not to cause problems or conflicts of norms, because that's why the horizontal separation principle in customary law must essentially be based on the value of utility and justice. The solution to this problem is to carry out legal reconstruction in the field of land administration to support the principle of horizontal separation which will be a solution to maximize the function of the land. In the context of realizing equitable social justice, both from land owners and capital owners by making a government regulates plant registration in the context of plantations and building registration, in addition to the existing Government Regulation No. 24/1997 on Land Registration. This research uses a normative method by conducting a literature study using two legal materials, namely primary legal materials and secondary legal materials, with a legal approach, a conceptual approach, and a case approach.

PEMBENTUKAN PERSEKUTUAN PERDATA NOTARIS TERHADAP PELAKSANAAN JABATAN NOTARIS DALAM PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA

The aims of this research are (1). To find out and analyze the arrangements for the establishment of a civil partnership for a Notary (2). To find out and analyze the legal consequences of the establishment of a notary civil partnership on the implementation of the notary position in the perspective of legislation in Indonesia. The legal issue in this thesis is the existence of a conflict of norms due to the absence of special regulations governing notary civil partnerships. The problems that will be investigated in this thesis are (1). What are the arrangements for establishing a civil partnership for a Notary? (2). What are the legal consequences of the establishment of a notary civil partnership on the implementation of the position of a notary in the perspective of legislation in Indonesia? The research methodology used is a normative juridical research method with a statutory approach, a conceptual approach, and a historical approach that discusses primary, secondary and tertiary legal materials as well as legal material analysis techniques with an inventory, systemization and interpretation of all relevant laws and regulations and materials. - legal materials so that they get correct and valid answers to a research. The results of this study are Article 16 paragraph (1) letter f which discusses the confidentiality of the deed made by a Notary, where there is a vagueness of norms with Article 20 paragraph (1). The existence of an agreement between notaries in a Notary civil partnership regarding whom the client will appear does not conflict with honesty, impartiality, independence, keeping secrets and prioritizing the interests of the client as a related party.

The Growing Thicket of Multi-layered Procurement Liberalization Between WTO GPA Parties, as Evidenced in Post-Brexit UK

The World Trade Organisation (WTO) Government Procurement Agreement (GPA) has created the most comprehensive plurilateral system for procurement-related trade liberalization. However, there has been a proliferation of free trade agreements (FTAs) regulating public procurement liberalization, including between GPA parties. Such FTAs seek to bypass or go beyond the GPA on a bilateral basis, or with a more limited plurilateral remit. Such FTAs tend to follow a ‘GPA+’ approach to provide incremental trade liberalization based on the substantive provisions of the GPA. However, there is a trend of substantive divergence between the GPA regulatory baseline and the FTA regulation of crucial issues, such as the national treatment obligation or access to remedies. This is also true of FTAs involving the European Union (EU) or, recently, its former Member State, the UK. This creates a situation of potential conflict of treaty norms that has so far received limited attention. This article focuses on the resolution of conflicts between GPA and FTA substantive provisions under the 1969 Vienna Convention on the Law of Treaties (VCLT), using the UK’s post-Brexit FTAs as a case study. It argues for a rationalization of the system by extending the use of incorporation by reference of the GPA in FTAs involving GPA parties. World Trade Organisation, Government Procurement Agreement, Free Trade Agreements, public procurement, national treatment, access to remedies, conflict of treaty norms, Vienna Convention on the Law of Treaties, interpretation, variable geometry

Konflik Norma Kewenangan Pembuatan Akta yang Berkaitan dengan Pertanahan

The authority of Notaries and Land Deed Officials in making land deeds is still conflicting (conflict of norms). Land deeds made by Notaries based on Article 15 paragraph (2) UUJN were rejected by the National Land Agency (BPN) on the grounds that the deeds were under the authority of the Land Deed Making Official. BPN insists that the authority to make land deeds is the authority of Land Deed Making Officials based on Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials which are implementing regulations of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. On the other hand, if it is based on the provisions of the Notary Position Regulations (PJN) according to Article 1 Staatblad 1860 Number 3, the official appointed to make deeds of transfer and assignment of land rights is a Notary. These two things make the notary's authority and the PPAT's authority in making deeds related to land become disharmonious and ultimately result in conflicting norms. Resolving the legal disharmony in regulating the authority of Notaries and PPATs in making land deeds can be carried out based on the principle of lex superiori derogate lex inferiori as in legal theory (Preference Theory). There needs to be harmonization of these two norms by creating a PPAT Law so that the positions of Notaries and PPATs are equal and also that PPAT deed products become authentic because they fulfill the elements of Article 1868 BW, namely the form of the deed is regulated in the Law.

PENYELESAIAN DISHARMONI PERATURAN PERUNDANG-UNDANGAN MELALUI JALUR MEDIASI

The conflict of norms or disharmony the rules in Indonesia is a legal problem often happen. This case is because some rules from the substance overlap betwen the rules. The Dispute of Disharmony the rules with mediation is a perfect way from The Rule of Ministry of Law and Human Right Number 32 Year 2017 about Procedures of dipute solving the rules with Non Litigation . With the purpose to create harmonization the rules with mediation for product of law. This concept is born from a problem whereas many overlap regulation and the implication is created irregularity law in a society. So that reducing the existation of law as a the intergration to create harmony and compatibility as a way to fullfill interest of the people. The implication of mediation to solve the dishamony of rules as be setted by Pemermenkum 2/2019 can be seen on pressing the count of rules have conflict (ambivalensi) and be able to reducing count of the application of judicial review will submit to Supreme Law.

Kepastian Hukum Hak Informasi: Problematika Konsumen dan Rahasia Dagang

This research is a juridical study of the information rights contained in teh Act Number 8 of 1999 of years and the Act Number 30 of 2020 of years. Within the regulatory framework regarding the right to information on a product, it is a legal issue that has caused a lot of polemic in the business sector. One side, consumers have the right to obtain correct, clear and honest information on any goods/services purchased, and the other side, business actors also have the right to close information on goods/services sold on the grounds that they are protected by trade secrets. This research was conducted using a normative juridical method with conceptual approach and normative approach. This research proved, that there is a conflict of norms regarding the regulation of information rights between The Act Number 30 of 2000 of years and the Act Number 8 of 1999 of years, so that the regulation of information rights does not bring a legal certainty. Therefore, it is necessary to synchronize the arranggement on the regulation of information rights between The Act Number 30 of 2000 of years and the Act Number 8 of 1999 of years.

Larangan Penyitaan Aset Lembaga Pengelola Investasi Dalam Undang-Undang Cipta Kerja

The conflict of norms that occurred between of Law Number 11 of 2020 concerning Job Creation and Law Number 1 of 2004 concerning the State Treasury and the settlement mechanism. This study uses a normative juridical research method. The results of the study show that there are several indicators that form the basis for the occurrence of norm conflicts. The source of LPI assets is an inseparable part of state property and the laws and regulations that govern it and there is no antecedent that limits state property as assets that are excluded from being subject to confiscation, as well as the payment mechanism with confiscation of state assets contrary to the ratio decidendi of the judge in Constitutional Court Decision Number 25/PUU-VII/2009.

Inconsistency Norm Peraturan Perkawinan Beda Agama (Studi Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan Dan Undang-Undang No. 23 Tahun 2006 Tentang Administrasi Kependudukan)

The rules of marriage of different religions that have not been clearly and clearly defined in Law no. 1 Of 1974 concerning marriage. But article 35 letter a in Law no. 23 of 2006 concerning Population Administration provides an opportunity for marriage of different religions. Inkonsistensi this resulted in a conflict of norms. Therefore Lawrence M. Freidman's view is used as an analysis of the legal system in Indonesia. Research conducted to analyze inconsistencies between Law no. 1 of 1974 concerning Marriage with Law no. 23 of 2006 concerning Population Administration and Implications of inconsistencies concerning the regulation of marriage of different religions from legal system theory perspective Lawrence M. Freidman. This research is normative law, using the legislation approach and conceptual approach. Consist of primary law: Law no. 1 Of 1974 Concerning Marriage, Law no. 23 of 2006 Concerning Population Administration, legal system theory Lawrence M. Freidman. Legal material is obtained through documentation method. Then the legal material is analyzed by using qualitative descriptive analysis with related legal system as the theory. Result of research 1. The inconsistence of law due to the mismatch of legislation and the unregulation of marriage regulations of different religions clearly lead to legal uncertainty 2. The implication of inconsistency of marriage rules of different religions according to Lawrence M. Freidman's theory, has not yet achieved the good legal system in Indonesia.

IZUZECI OD NEPOSREDNOG IZVOĐENJA DOKAZA I PRIVILEGOVANI SVJEDOCI U KRIVIČNOM POSTUPKU CRNE GORE

This paper analyses practical issues when applying legal provisions dealing with the exemptions from direct presentation of evidence in the context of provisions on persons released from the duty to testify in criminal proceedings in Montenegro. After the amendments to the Criminal Procedure Code from 2015, the possibility of using the testimony of privileged witnesses from the investigation was introduced into the legislation, in situations when they exercise their right and refuse to testify at the main hearing. There will be explanation of standards of the European Court of Human Rights, the characteristics of the normative framework for exceptions to the principle of immediacy in the CPC of Montenegro, and the way in which our case law treats these issues. Finally, appropriate conclusions were drawn regarding the obvious conflict of norms, which arose after the mentioned legal amendments, and the potential violation of the rights of defendants to a fair trial due to their (inadequate) application.

PRINCIPLES OF FORMATION OF DIGITAL EDUCATIONAL SPACE TO IMPROVE THE QUALITY OF TRAINING OF FUTURE EDUCATORS

The article is devoted to the analysis of the theoretical foundations of the formation of digital educational space in higher education institutions in order to improve the quality of training of future educators. The aim of the article is a thorough theoretical analysis of the conceptual foundations of the formation of digital educational space in higher education to improve the quality of professional training of students, including future educators of preschool education. The following theoretical research methods were used in the work: analysis, synthesis, generalization, induction and deduction, comparison, concretization. The article proposes the substantiation of the problem of digitalization of education, the relevance of digital educational space in higher education, highlights the impact of information and communication technologies on expanding the content and capabilities of educational space, in particular in the training of future educators. A number of conditions have been proposed, the observance of which can increase the efficiency of digital modernization of the educational process of a higher education institution. The publication summarizes the goals (for the applicant, the customer and the educational institution) and the principles (uniformity, openness, accessibility, competitiveness, responsibility, validity, usefulness) of digital technology use in higher education by future educators. The article proposes a number of tasks that will improve the educational process and quality of training of future educators through the introduction of innovative information systems, including: development of new regulations and principles of data processing. formation of the list of data potentially subject to exchange; development of digital educational space architecture; development of data exchange protocols and approval of relevant standards; revision of the normative base of document circulation and organization of the educational process in order to eliminate conflicts of previous norms and modern electronic document circulation.