Law Of Peoples Research Articles

Systematization of Ukrainian customary law: historical-legal aspect

The article is devoted to the historical-legal issues of research the systematization of the Ukrainian people's customary law. It was found that the systematization of customary law is a type of systematization of law and can be carried out both by incorporation and codification. Legal customs were recorded and placed in a collection in case of their incorporation. Instead, during codification, customary norms were adapted to the requirements of the form, structure and content of the legislative text. In contrast to simple written fixation, in the course of codification, the legislator had the opportunity to change, narrow or supplement the content of the norm of customary law. Customary law as a codification material played an important role in the process of formation legislation on Ukrainian lands. Norms of customary origin are present both in monuments of Ukrainian law and in low-known acts of local authorities. Based on the existing legal customs in society, the legislators intended to create a law that corresponded to the reality of that time. By studying the texts of ancient laws, there is an opportunity to discover the content of legal customs that were in effect before their adoption. On the other hand, the identification of provisions of the law, which have a customary origin, with legal customs is incorrect and does not correspond to the nature of this phenomenon. Legal customs, which were codified, were transformed into legislative prescriptions. The historical-legal research of the systematization of Ukrainian customary law has a number of problems. First, it is difficult to determine in which case the transformation of a norm of customary law into a provision of the law took place, and in which case - a record in the law book. After all, in ancient times, laws often resembled such law books or were de facto them, had a casuistic and fragmentary character. Secondly, it is sometimes impossible to prove that the corresponding provision of the legislation had a customary origin. Even if this is possible, there are difficulties in proving that this is a norm of the customary law of the Ukrainian people, and not of another nation. As we know, the legal customs of neighboring (and sometimes distant) peoples are often similar or even identical.

The Legalization and Application of Osing Indigenous People’s Customary Law Model in the Legal System

This research aims to analyze the application and normalization of the Osing indigenous people's customary law model in the Indonesian legal system. It discusses whether or not local wisdom as unwritten laws can be applied as guidelines in establishing the legal system in Indonesia. This research used the socio-legal method that views the law as how it is applied or how the law lives in society. Results show that people's plural socio-cultural values contained in well-preserved local wisdom, including those of Osing indigenous people in Banyuwangi, are often unwritten. Some view the importance of normalizing customary laws with local wisdom values in a positive law form with a location-limited enforceability. This can be applied through the procedures and mechanisms regulated in Indonesian Law No. 12 of 2011 on the Formation of Constitutional Regulations.

LAW POLITICS OF PEOPLE'S MINING BASED ON MAQASHID SYARIAH'S WELFARE AND SOCIAL JUSTICE VIEWPOINT

Establishing a national law, particularly one pertaining to mining, that can ensure the legal Protection of small-scale miners' rights is a critical issue that needs to be addressed right away in Indonesia. Are there protection guarantees based on welfare and social justice in the people's mining law policy? From a maqashid shariah perspective, how does the legal system of people's mining give guarantees of protection based on welfare and social justice? Using a statutory approach, historical approach, conceptual approach, and prophetic approach, this work is normative legal research (an approach based on text instruments that are sourced from revelations received by prophets and apostles as well as sunnah). The first finding is that Law No. 4 of 2009 covering mining for minerals and coal does not explicitly define the term of people's mining because the legal politics of mining has not provided legal guarantees for people's mining as mandated by the 1945 Constitution of the Republic of Indonesia and Pancasila. The second finding on the position of people's mining in maqashid shariah is that one of the principles of maintaining property, namely hifdz al-mal, is by maintaining mining land and managing it. Protecting the environment is part of maqashid shariah, namely maintaining the survival of living things for security and peace of mind of hifdznafs.

Domestic Violence: Comparison between Islamic Law and Domestic Violence Act

<em>The purpose of this study was to determine the comparison between Islamic Law and Domestic Violence Law in handling domestic violence in Indonesia. The type of research used is qualitative research with comparative descriptive method. As the only research design, the ethnographic method is the method in this research with descriptive analysis writing techniques, where ethnography itself provides a tool that allows the research process to take place better. The results of this study are from two sources of law, namely Islamic Law and Domestic Violence Law which can be used as a legal basis to punish and limit the arbitrariness of a husband against his wife and family members. In addition, the two sources of law view the need for formal juridical protection of a person's human rights and freedoms, preventing arbitrary acts of violating other people's laws without clear or justified reasons. The conclusion of this study is that there is a relationship between Islamic Law and the Domestic Violence Law, including 1) The views of Islamic law and positive law view that domestic violence or violence against wives is a despicable and promiscuous behavior; 2) Correlation about the purpose of punishment; 3) In terms of punishment, it can be said that punishment in the form of imprisonment is a form of takfir punishment in Islamic criminal law.</em>

THE CINEMATIC OTHERING OF SITTING BULL IN THE ADAPTATION OF BURY MY HEART AT WOUNDED KNEE

The marginalization of particular groups or people as a result of the idea that one group or person is better than another is known as the "othering" process. This article discusses how a film adaptation of Dee Alexander Brown’s book on Native American history, Bury My Heart at Wounded Knee (BMHWK) performs this act of othering. First of all, it is done by negatively portraying the heroic figure in the book. Sitting Bull, a Teton Dakota Chief who united the Sioux tribes in North America, the Great Plains, in mid 19th century is reduced in the film into a weak figure. The Native American chief is overshadowed by White figures like Elaine Goodale and Senator Henry Dawes. In the film adaptation, the social hierarchy-building process, which put the Whites on top, educated natives in the middle, and the rest of Native American population in the bottom, serves as a vehicle for a further process of othering. The film represents Native Americans as people who need to be governed and who can only survive if they abide by White people's laws.

ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW?

This paper aims to provide a critical analysis to the relations between economic efficiency and justice as the objectives of business competition law in Indonesia within the framework of legal philosophy. Philosophical aspects explores view on equal opportunities for every citizen in their business behavior, relation between the principles of justice and efficiency considering that in the Law 5 of 1999 there is no any word “justice” mentioned. Several related schools of legal philosophy will use to analyse the problems, such as, Utilitarianism in dissecting the phrase "public interest and welfare", John Stuart Mill's theory of lliberty in examining "equal opportunities for citizens", The article uses the legal research by emphasising the critical analysis on economic efficiency and justice principles in Indonesian competition law and compare FTC. Article 3 of Law Number 5 of 1999 aims to improve economic efficiency as one of the efforts to improve people's welfare. From a philosophical point of view, people's welfare law is closely related to the "greatest benefit for the greatest people" (Jeremy Bentham). However, if we look at the interests between business actors and consumers, thiscondition can still be seen that the interest in efficiency still prioritizes the interests of business actors. Fulfilment of consumer justice is only placed as an "object" rather than a subject whose rights must be protected due to violations of business competition.

ВТОРАЯ СОВЕТСКАЯ КОНСТИТУЦИЯ ЧИАССР 1978 ГОДА: ИСТОРИЯ И ЭТАПЫ СТАНОВЛЕНИЯ

This article is devoted to the adoption of the second and last Soviet constitution of the Chechen-Ingush Autonomous Soviet Socialist Republic of 1978. In Russian constitutionalism, following the Constitution of the USSR of 1977 and the Constitution of the RSFSR of 1978, it is recognized as the constitution of «developed socialism». The study, based on historical and legal facts, shows its role in the construction of the Soviet statehood of the Chechens and Ingush. The author emphasizes that the Constitution of the RSFSR of 1978, as a people's Basic Law, favored democratic reforms in the republic until the adoption of the Declaration on State Sovereignty of the Chechen-Ingush Republic in 1990, but failed to ensure the union of the peoples of Chechen-Ingushetia after the collapse of the USSR and became the cause of the political crisis in region.

Domestic Violence: Comparison between Islamic Law and Domestic Violence

The purpose of this study was to determine the comparison between Islamic Law and Domestic Violence Law in handling domestic violence in Indonesia. The type of research used is qualitative research with comparative descriptive method. As the only research design, the ethnographic method is the method in this research with descriptive analysis writing techniques, where ethnography itself provides a tool that allows the research process to take place better. The results of this study are from two sources of law, namely Islamic Law and Domestic Violence Law which can be used as a legal basis to punish and limit the arbitrariness of a husband against his wife and family members. In addition, the two sources of law view the need for formal juridical protection of a person's human rights and freedoms, preventing arbitrary acts of violating other people's laws without clear or justified reasons. The conclusion of this study is that there is a relationship between Islamic Law and the Domestic Violence Law, including 1) The views of Islamic law and positive law view that domestic violence or violence against wives is a despicable and promiscuous behavior; 2) Correlation about the purpose of punishment; 3) In terms of punishment, it can be said that punishment in the form of imprisonment is a form of takfir punishment in Islamic criminal law.

Пьеса У.Б. Йейтса «Там, где ничего нет» и ее толстовское измерение

The article discusses the issue of the influence of Leo Tolstoy, his fiction and non-fiction, on William Butler Yeats's drama in the broader context of Tolstoy's reception in the late 19th - early 20th century in both Russia and the United Kingdom. Tolstoy's image as a writer in the correspondence and non-fiction of the Irish playwright is analysed. The author shows that Yeats's attitude towards the Russian writer, though initially favourable, was gradually becoming more and more irreverent and complex. Similar attitudes towards Tolstoy are detected in Russian writers of the period. Yeats criticises Tolstoy for his didactic tendencies. Nevertheless, Yeats acknowledges Tolstoy's genius and puts him on a par with greatest ancient and modern authors (Shakespeare, Goethe, English romantic poets, Balzac, Flaubert, Ibsen, etc.). Yeats's absolute favourite is his idea of non-resistance and non-violence, which is interpreted in Yeats's own way in his play Where There is Nothing. Yeats's reading of this concept is set in the context of the early 20th century discussion around Tolstoyism, since at the time Tolstoy was mostly perceived as a thinker in Britain. Yeats's position in this discussion is thoroughly analysed. It is most probable that Yeats read one of very short pamphlets compiled by English editors of Tolstoy. The author argues that Tolstoy's ideas and images in Yeats's play were immediately grasped and attacked by its critics. A comparative analysis of the play and Tolstoy's manifesto “What I Believe” reveals that in the play the Russian author's teaching interacts with Nietzschean philosophy and Yeats's own symbolism, as well as various occult practices he was deeply interested in. This amalgam is concentrated in the paradoxical image of a prophet, visionary, destroyer of the old world order (in fact, any order - secular and ecclesiastical) and at the same time a preacher of non-violence, Paul Ruttledge. As it has been argued in previous studies, the episode of a mock trial echoes Tolstoy's interpretation of the Sermon on the Mount. The in-depth analysis shows that not only this episode is related to Tolstoy but the whole play is somewhat reminiscent of his vision of Christian life (rejection of people's law as opposed to God's law, and of urban living; criticism of civilization; necessity for manual labour and simple life in harmony with nature; call for unity and equality of all people). Despite these similarities, there is still a lot of disagreement with Tolstoy in the play, mainly due to the Nietzschean influence (desire to destroy the old world, Dionysian motifs), who Yeats considered to be the exact opposite of Tolstoy. A similar juxtaposition of Tolstoy and Nietzsche is found in both English and Russian literature. A parallel is revealed between Paul and Tolstoy, who, according to Yeats, were mad prophets unable to change the world. This parallel is both mocking and tragic, and Paul is in line with other Yeats's images of jesters and madmen.

Эффективность деятельности субъектов по пресечению этнонациональных конфликтов в России

A survey conducted by the author of the article (using survey methods and in-depth interviews) of 20 experts who are highly qualified specialists in the field of counteracting ethnic conflicts, results of mass sociological research on the Cossacks, as well as an analysis of scientific works and media publications on the topic of the study allowed to determine the degree of effectiveness of the activity the main actors in the field of suppression of ethno-religious conflicts. The actions of the FSB and the National Anti-Terrorist Committee were recognized as the most effective (score "5"). The experts highly appreciated the effectiveness of the work of the National Guard and the police ("4"). Cossack organizations received an average assessment of the effectiveness of activities to suppress ethnic conflicts ("3"). Not high enough ("2") experts assess the effectiveness of the activities of voluntary people's guards and other public law enforcement formations.

DELIK ADAT DALAM PERSPEKTIF MASYARAKAT HUKUM ADAT KABUPATEN ROKAN HILIR

Customary law is original Indonesian law that is not written in the form of the Republic of Indonesia law, which contains religious elements. From this word, it can also be said that the Customary Criminal Law is original Indonesian law which is not written in the form of an invitation containing religious elements, followed and obeyed by the community continuously, from one generation to the next. Violation of the rules and regulations is seen as causing shocks in society. Therefore, for the offender who is given customary sanctions, the community corrects custom or customary obligations through their customary officials.The discussion on customary law (including criminal law / customary offenses) is closely related to the current condition of the prevailing law in Indonesia (ius constitutum) which has legal pluralism. Legal pluralism can be implemented as the existence of more than one legal system that is jointly in the same social field. In the area of legal pluralism, on the one hand there are State laws (laws), and on the other hand, unwritten people's laws (including customary law) are still alive and well in tune with the development of the indigenous peoples themselves. The people in Rokan Hilir Regency (Rohil) are known to be still strong in holding customary teachings, culture and have customary laws that need to be observed in enforcing Adat offenses. Adat Rokan Hilir developed and developed in the community.

Conference of Land Property Rights in Land Registration System in Ternate City, Indonesia

The government, in developing a land strategy, seeks to provide legal certainty of land rights through agrarian arrangements as outlined in Article 19 paragraph (1) of the UUPA, this policy is stipulated to avoid various types of land conflicts arising from different land use requirements for each person. This is because before the enactment of the UUPA, only lands subject to western law, for example eigendom rights, erfpacht rights, postal rights were registered for land with the aim of providing legal certainty and rights holders were given proof of rights in the form of certificates. Land disputes since 1997 have continued to emerge to the surface demanding a resolution both administratively, juridically and politically so that legal certainty and justice can be obtained. Something that is fundamental to be paid more attention to and implemented by justice seekers, is to assess whether the judge's decision has fulfilled the value of justice and legal certainty in land dispute resolution. Land problems can be characterized as latent problems in the sense that although certain land problems have been addressed and are considered to have been resolved, it is possible that later the same problems will reappear. This is a logical consequence of the negative system and land administration adopted in Indonesia. The discourse on land ownership and these cases is caused by differences between the feeling of the people's law and the legal awareness of the rulers of land. This indicates the need to study factors beyond the substance of legislation in order to achieve legal certainty and justice in the registration of land rights. Therefore, an interesting issue from land registration is “the lack of legal certainty and justice for land rights since the enactment of laws and regulations in the land sector in Ternate City.

Public Services in Election of Regional Chairman

The purpose of this article is to describe the form of implementation or public services in regional head elections. This problem is related to several related theories, such as constitutional law theory, democratic law theory, people's sovereignty law theory. This article also discusseslaw and public policies implemented in the elections in Indonesia. MethodThe research used in writing this article is a type of normative legal research. The results of the study indicate that legal theory and public policy are needed in Indonesia. This is done as a basis for implementing democratic practices. The form of implementing laws in constitutional theory is that the KPU establishes KPU Regulations and KPU Decrees in the implementation of Pilkada and provides solutions to problems of implementing law that are contrary to KPU regulations. The mechanism is if there is a PKPU which is deemed contrary to the Election Law, then the examination will be carried out at the Supreme Court in accordance with the provisions in Article 9 paragraph (2) of Act No. 12 of 2011. The implementation of the theory of democratic law in Indonesia is by holding general elections to elect leader, starting from the regional level to the national level. These activities are carried out in order to realize the government system that the people want. The implementation of the theory of popular sovereignty in the Pilkada is the determination of the victory of a candidate for regional head which is determined based on the number of valid votes based on applicable law. The theory of sovereignty also contributes to implementing a democratic system through the principles of people's sovereignty. The conclusion from this research is that the theories that play a role in the implementation of the Pilkada include the theory of democracy, the theory of the constitution, and the theory of people's sovereignty. The three theories are interrelated to support the implementation of Pilkada in accordance with democratic principles. In addition, there are three levels of public policy, namely macro, meso, and micro public policies.

“People Crushed by Law Have No Hopes but from Power”: Free Speech and Protest in the 1940s

In a trio of cases handed down on the same day in 1950, the Supreme Court denied constitutional free speech protection to civil rights picketing and labor picketing. The civil rights case, Hughes v. Superior Court, has often been portrayed as an early test case about affirmative action, but it originated in repression of an alliance of radical labor and civil rights activists exasperated by the legislature's repeated failure to enact fair employment law. Seeking a people's law like the labor general strikers and sit-downers of the 1930s and the civil rights sit-inners of the 1960s, they insisted that the true meaning of free speech was the right to speak truth to power. Courts and Congress forced the labor movement to abandon direct action even as it became the defining feature of the civil rights movement. The free speech rights consciousness they invoked challenged the prevailing conservative conception of rights and law. Direct action was a form of legal argument, a subaltern law of solidarity. It was not, as civil rights protest is often portrayed, a form of civil disobedience. What happened during and after the case reveals how the subaltern law and formal law labor and civil rights began to diverge, along with the legal histories of the movements.

Estimation Carbon Storage of Community Forest through Timber Legality Assurance System

Community forests play an important role in reducing greenhouse gas emissions because forests can absorb carbon dioxide in the air, which then stored in trees. The measurement of the amount of C stored in plant life in a community forest can illustrate the amount of CO in the atmosphere absorbed by plants. The research activity aims to estimate carbon stocks in community forests certified by TLAS (Timber Legality Verification System). The method used is the making of allometric equations by logging methods of commercial tree species (Melia, Mahagony, Tectona grandis, and Paraserianthes). The location of the research conducted in the community forest area managed by Lawu Lestari People's Law Enforcement Community (PPHR), Panekan, Magetan. With an area of 192.16 hectares scattered in three (3) villages, namely Ngiliran, Jabung, and Bedagung, and obtained certified SVLK on December 4, 2013. The average percentage of biomass per part of the main tree for community forest the largest is Stem 50.28%, 28.00% Branches and twigs, root 14.26%, leaves 7.46%. Equation model to estimate the amount of carbon content Melia azedarach Y = 246,123 d 1,986 (R2 = 0,999 and SEE = 0,053), Swietenia mahagony Y = 48,389 d 2,443 (R2 = 0,997, SEE = 0,083), Tectona grandis Y = 65,019 d 2,370 (R2 = 0.995 and SEE = 0.122) and Paraserianthes falcataria Y = 52.726 d 2.116 (R2 = 0.993, SEE = 0.123). The amount of carbon content amounted to community forest is 2558.69 tons.

The Nation State of the Jewish People's Basic Law: A Threshhold of Elimination?

The Nation State of the Jewish People's basic law, passed in July 2018, constitutes a landmark in the evolution of Israel's settler-colonial nationalism and self-presentation. The law underscores the shift Israel has made from aligning itself with the Western liberal order to embracing, even spearheading, a radical right-wing populist worldview. The Jewish exclusivity and racism that the law embodies, I argue, did not result from changes in Israel's political and demographic landscape in the last two decades. Rather their genesis could be traced back to the debates which took place soon after Israel's establishment. Since then the desire for Jewish exclusivity has not dwindled but had been masqueraded through ideas of Israel's inimitability. The article discusses the mutations of these debates and their legal and policy effects.

Droit naturel et droit des nations de Thomas d’Aquin à Suárez

Starting from the classical distinctions proposed by Thomas Aquinas (lex aeterna, natural law, people's law), we examine how the discovery of the New World and the Spanish Conquest led Francisco de...

Das Bewegliche System im Spiegel nationalsozialistischer Gesetzgebungsdebatten

In 1941, Walter Wilburg's “Die Elemente des Schadensrechts” (“The Elements of the law of torts”) proposed what came to be known as the “flexible system” (“bewegliches System”). The flexible system suggested the possibility of a middle way between general clauses on the one hand and specific norms on the other. Its merits are still under discussion: While some praise the jurisdictional flexibility it grants, others criticise the inherent lack of foreseeability brought about by its flexibility. This contribution will leave the ambit of current debate. It will re-examine its very source, “Die Elemente des Schadensrechts”, and answer the questions for the nature underlying the “flexible system” and whether it was truly novel or typical of its time. It will be argued that Wilburg had never meant the 'flexible system' to only be a pragmatic solution to a dogmatic problem. Rather, he wanted it to constitute an integral part of the planned new civil code, the “Volksgesetzbuch” (People s Civil Law Code). Further, Wilburg s work was indeed typical of its time: In the 1930s such middle ways, also witnessed in the basic rules (“Grundregeln”) at the beginning of the People's Civil Law Code as well as in preambles, were cheered as a new, National Socialist legislative style. But even though it tuned in with such developments, it still set itself apart from other concepts in that Wilburg did not aim for steering the judges by means of ideological guiding principles or ones taken from social reality. Instead, he wanted to tie judges to scientific concepts, namely to a specified set of elements, interdependent and flexibly arranged within a closed system.

Healthy by law: the missed opportunity to use laws for public health

Health is the result of biological and social determinants; both are important. Nature dictates the laws for biological determinants; people create the laws for social determinants. Nature's laws are hard to discover and are eternal whether or not they suit humanity; people's laws are easily written and can be changed at anytime to suit humanity better. So why is it that the public health community, which expends much effort and expense probing natural laws, places negligible emphasis on collection, analysis, and making greater use of the world's public health laws?

Green Mobility in a Managerial Perspective

The Green Mobility concept involves great affair of technological, sociology-cultural and political innovation. This may be analyzed in a managerial perspective on the background of the Resource Based Theory and its VRIO framework on the hypothesis that the community organization management works in directions of social and economical growth in a perspective of social as environmental long term sustainability. The basic assumption of the RBT lies in the concept sustainable competitive advantage that belongs to a firm or an organization on the basis of the availability of resources with the attributes of Value, Rare, Inimitable in a specific Organization. In this perspective, any local community have specific view of applying served customer functions of resources in technological, socio-cultural and organizational way according to its ability in building up on knowledge, that is a specialization of way of producing and, last, living (Marshall 1920). By this view, change in lifestyle and people's behaviors comes from innovation process (Schumpeter 1942) in technologies, in socio-cultural view, in political organization, other words, in knowledge and in scientific progress. These three areas (technologies, society, policy) are powered by capacity of innovation and changing and this is the competitive advantage of goods producing, of political and social organizing, that will be a competitive advantage in achievement in best levels of lifestyle, that is the way of communities evolution. Also, technologies changes produce as a result a change in served customer functions, in people's behaviors, in political and law organization (shumpeterian revolution), change in socio-cultural ways produces as a result a change in organizational way of economy and law (social revolution), change in political way produces change in social organization, economy, people's behaviors. So we try to work in this perspective that is the hypothesis that evolution of communities is a result of technological, socio-cultural and political revolution over the time, last, in knowledge heritage (Rullani 2004). This is according to falsificationist methodological perspective. And every change was almost hard change for the resistance to innovation coming from human behavior as a specialization way of life. Resource Based View can offer a framework for managing this change in the perspective of sustainability competitive advantage of local system when resources' achievement works in ecological and environmental safeguard perspective. Efficiency and environment safeguard are the attributes of Mobility systems as a resource that may generate sustainable competitive advantage in goods and peoples mobility for a local system in the future.