Promulgation Of Law Research Articles

Environmental damage and environmental mediation: Italian guidelines

Environmental conflicts arise because of the possession and use of scarce resources, and, by their nature, they cannot be removed: the more we try to limit the engagement of the actors involved, the more conflicts can be intensified. Environmental mediation aims to resolve conflicts that may arise from a situation in which ordinary justice is unable to provide answers to those who believe they have been wronged. In Italy, environmental damage found its legal expression in the 1980s, with the promulgation of Law no. 349 of 1986 which, however, in article 18, limits the definition to an identification of mere economic value. Environmental damage was defined in its current meaning in art. 300 of Part IV of Legislative Decree no. 152/2006: “any significant and measurable, direct or indirect deterioration of a natural resource or of the utility provided by the latter.” For example, environmental alterations (significant and measurable) leading to the degradation of ecosystems or of health as a whole, and to damage to biodiversity, are classified as “environmental damage.” As part of the project titled “La mediazione dei conflitti ambientali”, a guideline has been drawn up with the objective of identifying a shared methodology of use for managing conflicts in the case of claimed or potential environmental damage, and for preventing damage.This first Italian guideline is a participative contribution with stakeholders, to produce an operative tool for managing and mediating environmental conflicts.

Sobre las proyecciones convencionales de la igualdad en la clasificación y promoción profesionales: luces y sombras = On the conventional repercussion of equality in job classification and professional promotion: pros and cons

Resumen. La promulgación de la Ley 3/2007, de 22 de marzo, para la igualdad efectiva de mujeres y hombres, ha sido consecuencia de la acción pública de la sociedad democrática en favor de la igualdad de la mujer. Sin lugar a duda, este reconocimiento normativo de la igualdad constituye un paso importante, pero no suficiente. Un relevante instrumento para completar el anterior reconocimiento sería la negociación colectiva. La negociación colectiva representa una autentica oportunidad para dotar de real contenido la igualdad efectiva entre hombres y mujeres. El principal propósito de la negociación colectiva sería la fijación de pautas justas en la delimitación de la clasificación profesional por ser esta un engranaje de diferenciación profesional y salarial. Los convenios colectivos han de precisar los criterios en los que han de sustentarse los diferentes grupos y categorías profesionales en una empresa.Palabras clave: mujer, ley, discriminación, convenio colectivo, promoción profesional.Abstract. The promulgation of Law 3/2007, of March 22, for the effective equality of women and men, has been a consequence of the public action of the democratic society in favor of the equality of women. Undoubtedly, this normative recognition of equality is an im­portant step, but is not enough. An important instrument to complete the previous recogni­tion would be the collective bargaining. Collective bargaining represents a real opportunity to provide effective content for effective equality between men and women. The main purpose of collective bargaining would be to establish fair rules in the delimitation of the professional classification as this is a mechanism of professional and salary differentiation. Collective agre­ements must specify the criteria on which the different groups and professional categories in a company must be based.Keywords: woman, law, discrimination, collective agreement, professional promotion.

О структуре законотворческого процесса в России: стадии и этапы

The research proposes and substantiates the novel approach to classifying the stages of and the steps in the legislative process as a pivotal element of law-making. Having analyzed the current legislation of the Russian Federation, legislative practices and procedures, and studies on this issue, the author describes the pre-parliamentary, parliamentary, and post-parliamentary stages. They can be divided into the following steps: introduction of a bill, discus-sion of a bill, adoption of a law, promulgation of law and coming into force. The research critically exam-ines the divergent views of legal experts on the number and content of the steps in the evolving legislative process and its stages. The author con-cludes that this process should be developed in both theoretical and practical terms based on previ-ous practices in this regard.

Evolução Legislativa e Jurisprudencial da Tributação Brasileira dos Lucros, Rendimentos e Ganhos de Capital Auferidos no Exterior

The article is an empirical research on legislative and jurisprudential development of the taxation of profits, gains and capital gains earned abroad. The objective is to analyze the background of the laws and the decisions ruled by the Judiciary and the administrative courts in order to unveil the Brazilian tax policy as regards this matter, and to settle both the tax position of the administrative courts and the application of the tax treaties by the Judiciary. The idea is to present the development of the legislation until the promulgation of Law n. 12,973/2014 and predict how the taxation of foreign profits, income and capital gains will be ruled by the judiciary.

Drug Trafficking and Youth Mortality in Brazil: An Expression of Human Rights’ Violations

This paper aims to analyze the intersectional problematic that surrounds the vio-lations of adolescents’ human rights that happen in Brazil nowadays. It focuses, more specifically, on the involvement of these youths with drug trafficking, and on the relations between their participation in crime and the rising mortality rates amidst young age groups. A large part of Brazil’s children and teenagers grow up in contexts of social vulnerability, lack of opportunities, difficult access to economical assets, and personal devaluation. This situation often pushes young individuals into involvement with drug trafficking or armed robbery, since crime represents, in their context, a possibility for economic and social ascendance. In parallel, the criminal policy adopted by the Brazilian State, synthesized in the expression “war on drugs” and manifested in the promulgation of Law 11.343/06, focuses on repressive police actions, and favors imprisonment, while doing nothing to attack the social causes of the problem. The result is the mass incarceration of young and economically disfavored individuals as well as, not infrequently, their deaths during police approaches, characterizing a situation where these adoles-cents are both perpetuators and victims of violence.

Gherghina Boda, The Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 1972) and Romania

The notion of the cultural heritage of humanity is relatively recent, but its protection and conservation date back to the Renaissance. Over time, this type of initiatives has been supported legislatively, which provided a legal framework, including the obligation to protect and rescue humanity’s exceptional natural and cultural assets. One form of legislation on the protection and conservation of heritage is the Paris Convention of November 1972 which, for the first time, brought to public attention the idea of World Heritage. Romania adopted the convention by Decree No. 187/1990. Since then, our country has managed to list eight UNESCO cultural and natural sites and with the promulgation of Law No. 410 of December 29, 2005, on the protection of intangible cultural heritage, it registered six other heritage elements, the Romanian culture thus occupying a well-deserved place among the cultures of the world. The 1972 Convention is important due to the impetus was given to the countries of the world to preserve, protect and promote their national values, but also to place them among other world property of exceptional value.

Tráfico de pessoas:

O tráfico de pessoas representa uma grave forma de violação dos direitos humanos, subjugando a pessoa humana à condição de mercadoria. Ao longo dos anos, a definição do conceito de escravo passou por profundas alterações, evoluindo da limitação da liberdade para atingir outras formas de exploração humana. O Protocolo de Palermo representa o marco internacional de enfrentamento ao tráfico de pessoas, definindo o conceito de escravidão moderna em um contexto de repressão à criminalidade organizada transnacional e de proteção aos direitos humanos das vítimas. Apesar de ratificar a Convenção, o Brasil permaneceu, por décadas, sem legislação específica para regulamentação do tema, contribuindo para a perpetuação das violações. A promulgação da Lei 13.344/2016 surge, nesse contexto, com o objetivo de sanar a omissão estatal no campo legislativo, honrado os compromissos assumidos pelo Estado brasileiro no campo internacional. O presente artigo objetiva analisar as principais alterações introduzidas pela lei, correlacionando-as com o Protocolo de Palermo, bem como os seus reflexos sob a perspectiva dos direitos humanos das vítimas.

PEMBAHARUAN SISTIM PERPAJAKAN DAERAH DI INDONESIA INDONESIAN LOCAL TAXATION REFORM

Indonesia has experienced a number of phases on its local taxation systems, the latest one was indicated by promulgation of Law No. 28 Year 2009 concerning local taxes and local charges. A significant changes has been made by the said law, such as limitation of local taxes, local taxing empowerment, improvement of control system, and optimalization of tax collection and the use of local tax revenues. Limitation of local taxes is done by determining 16 type of local taxes (5 type provincial taxes and 11 type region/city taxes) and implementing a ‘closed-list’ systems. Local taxing empowerment is done by extending the tax object of several local taxes, introducing new taxes, increasing the maximum tarif of several local taxes, and full discreation of tarif determination to local government. Control system was changed to a preventive and corrective approach, by evaluating the draft of local regulations before they are adapted as local regulation, besides provocating local regulation that is against the higher laws and regulations. Meanwhile, optimalization of tax collection and the use of local tax revenues is done by improving the share of provincial tax revenues to regions/cities, introducing of earmarking on several local taxes, and improving the arrangement of tax incentives. The local taxation reform was driven by the need for better implementation of local otonomy and fiscal decentralization policies, by granting more revenue sources to local government gradually. Devolution of a certain provincial tax and several central taxes to regions/cities can be seen as a reformulation of national tax system by redetermining the type of national taxes, provincial taxes, and region/city taxes. Economic condition and tax potential varies among regions/cities in Indonesia. A special stragtegy is needed to assist and facilitate a certain region/city in implementing the new local tax system. On the other hand, evaluation and improvement of local tax policies needs to be done continuously to develope an efficient and effective local taxation system in Indonesia.

The Effects of Morality on the Promulgation of Law

This topic was inspired by the various theories that had been brought up by various scholars of jurisprudence. This work seeks to bring out the impact morality has on the promulgation or in the making of laws. It may be said with truth that the greater part of a nation's legislation affects its morality in some way or the other. There seems to be quite a strong connection between law and morality. Although people sometimes say you shouldn't legislate morality, they presumably don't really mean this. Why would we outlaw rape and murder if they weren't wrong? Instead, I suppose they mean that people shouldn't impose their personal especially regarding sexuality upon others. I would agree with that sentiment, though my reason is precisely because I think legislation should be morally informed, and the moral views in question are entirely misled.

Representation of Black Men and Women Characters in Children's Literature

This article is the result of a doctoral research and from the reflections and researches developed by the Social Pedagogy Group. The main objective is to analyze the discourses carried in children's literature from a post-structuralist perspective and some notes by Foucault on the articulation between discourse, power, and knowledge. For the analysis and understanding of the speeches and the textual and iconographic forms conveyed on the black and black characters, we use children's works produced after the promulgation of Law 10.639/2003, which established the inclusion in the official curriculum of the teaching network of the subject matter "History and Afro-Brazilian Culture". Our initial hypothesis was that discourses on black and black characters, as well as their culture, ancestry, and especially religiosity, kept the operationalization of racism. From the theoretical-methodological point of view, the research is qualitative of an ethnographic nature.

A educação escolar do indígena brasileiro

O presente artigo tem por objetivo apresentar os impasses que ainda existem quanto formao de escolas especficas para os povos indgenas do Brasil. A Constituio de 1988, a LDB de 1996 e, por ltimo, a promulgao da Lei n 11.645 garantem a preservao de conhecimentos dessas populaes no sentido de preservar seus costumes e reconhec-las como grupos tnicos. Entretanto, na contemporaneidade, a imagem do indgena continua a ser ilustrada nos livros didticos de Histria do Brasil de escolas regulares, privadas e pblicas, de maneira distorcida e estereotipada, o que contribui para a manuteno da discriminao, do preconceito e da invisibilidade. Essas comunidades lutam por espao na sociedade brasileira e pedem que sejam respeitadas suas formas de ensino e caractersticas tnicas.

PENGARUH SUMBER-SUMBER PENDAPATAN ASLI DAERAH TERHADAP BELANJA DAERAH DI KABUPATEN BUNGO

Indonesian government policy on regional autonomy, which began to be implemented effective on January 1, 2001 since the promulgation of Law No. 22 of 1999 which last revised by Act number 23 of 2014, a policy that is seen as a democratic and fulfilling aspects of decentralization of government real , Decentralization alone has the objective to improve the welfare and service to the community, the development of democratic life, justice, equity, and the maintenance of harmonious relations between the center and regions as well as between daerah. This study aims to examine the Original Regional Revenue on Regional Expenditure in Bungo District Year 2006-2014. The result of the research shows that there is a positive and significant influence between the sources of Local Original Income (X1, X2, X3, X4) on local expenditure (Y) in Bungo District. The amount of influence simultaneously between sources of Original Revenue (X1, X2, X3, X4) to local expenditure (Y) in Bungo District is shown with the value of R2 is 99.40%.

Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia

The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia.

Resentralisasi Dalam Pembagian Kewenangan Pemanfaatan Energi Panas Bumi

<p><strong><em>Abstract</em></strong></p><em>The promulgation of Law no. 23 of 2014 re. Local Government, strengthening local government’s authority, is expected to provide a way out to the problem of how to harvest geothermal energy found in forest protected areas (within the jurisdiction of local government) to supply the increasing demand for electricity throughout Indonesia. For more than 10 years after the promulgation of Law no. 32 of 2004, the central government program to accelerate the utilization of geothermal energy source found within protected forest zones had come to a full stop. This article discusses the issue of how government authority (central-local) related to the above problem had been distributed and the existing tension between central-local government. The central government tendency to take back authorities previously granted to local authorities defies the whole effort at making government more accountable, efficient and prevention of externalities.</em>

Resentralisasi Dalam Pembagian Kewenangan Pemanfaatan Energi Panas Bumi

Abstract The promulgation of Law no. 23 of 2014 re. Local Government, strengthening local government’s authority, is expected to provide a way out to the problem of how to harvest geothermal energy found in forest protected areas (within the jurisdiction of local government) to supply the increasing demand for electricity throughout Indonesia. For more than 10 years after the promulgation of Law no. 32 of 2004, the central government program to accelerate the utilization of geothermal energy source found within protected forest zones had come to a full stop. This article discusses the issue of how government authority (central-local) related to the above problem had been distributed and the existing tension between central-local government. The central government tendency to take back authorities previously granted to local authorities defies the whole effort at making government more accountable, efficient and prevention of externalities.

Kontrak Karya PT Freeport Indonesia dalam Perspektif Pancasila dan UUD NRI 1945

PT Freeport Indonesia (PT FI) has a Contract of Work (KK) to undertake mining materials in Grasberg and Ertsberg mining areas which has begun in 1967 and will end in 2021. Since the promulgation of Law No. 4 of 2009 on Mineral and Coal Mining (UU Minerba), regulation on mineral and coal undertaking has been in accordance with Pancasila (State Ideology) and the 1945 Constitution, however, because UU Minerba can only be effective for legal actions after its promulgation therefore items related to KK before the existence of that law cannot be regulated. On the other hand, the existence of KK of PT FI is considered to be in violation with Pancasila namely The Fifth Principle “Social Justice for The Whole People of Indonesia”, and Article 33 (3) of 1945 Constitution concerning the substance of land, water, and natural wealth ‘shall be controlled by the State’ and ‘for maximum use for people’s welfare’. This article shall discuss on whether KK of PT FI has been in accordance with Pancasila and the1945 Constitution? And what should Government do in order KK of PT FI can be regulated within the frame of Pancasila and the 1945 Constitution? The method used in this writing is juridical normative. Based on the writer’s analysis, KK of PT FI is violating Pancasila and the 1945 Constitution. The effort to adjust it to Pancasila and the 1945 Constitution shall be conducted through renegotiation of KK of PT FI based on “hardship” principle in UNIDROIT Principles of International Commercial Contracts and principle of natural resources for national interest and people’s welfare in the Resolution of General Assembly Resolution 1803 (XVII) of 14 December 1962, “Permanent Sovereignty Over Natural Resources.

STUDI ANALISIS PEMBENTUKAN UNDANG- UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH DALAM PERSPEKTIF POLITIK HUKUM NASIONAL

The background of this research is based on an assessment of Islamic law are more likely to provide input for the establishment of national law because it must be recognized that the majority of Indonesia’s population is Muslim andbesides it is also good relation between the State and Muslims have implicationswhich are positive for the development of Islamic legal legislation became anational positive law. Then, how does the history of the formation of law number 21 of 2008 concerning Islamic banking? How national legal political conditions during the formation of the law number 21 of 2008 concerning Islamic banking? And the last, how is the analysis of the formation of law number 21 of 2008 concerning Islamic banking in the political perspective ofnational law? Genealogically, the authors concluded that the promulgation of Law No. 21 of 2008 concerning Islamic Banking is not free of configuration sand tight political struggles, the determination of these laws have a strong foundation juridical, sociological or philosophical that can later be accounted for. Positivasi about Islamic Banking proves that Islamic law has become asource of national law and have the opportunity to contribute the maximumin the development of national law in the future.Keywords: Islamic banking, Law number 21 of 2008, Political of law

KETETAPAN MPR DALAM HIRARKI PERATURAN PERUNDANG.UNDANGAN

MPR Decree was in hierarchical manner betweenl945 and theAct which in theory in the group of legal norms Staats grund gesetz (Rules of the State/State Basic Rules). MPR Decree under the 1945 Constitutionis a consequence of the position of the MPR as executor of full sovereignty of the people and the country's top institutions. However, 1945 Constitution amendment no longer determine the MPR as executor of full sovereignty of the people. Moreover, MPR are no longer the highest state institution. Therefore, it has implications for the existence of the Legislative Actin the hierarchy of legislation. MPRS Decree No. XXA4PRS/1966 and MPR Decree No.IIL&IPR/2000 put MPR Decree in the second place after 1945 Constitution. LawNo. l0 of 2004 does not recognize the MPR decree as one type of legislation. Law No.12 of 20 i 1 put back MPR decree as one type of legislation. This paper attempts to discuss the rationale of the dynamic development of MPR Decree position in the hierarchy of legislation before the Amendment of 1945 Constitution to the promulgation of Law No. l2 of 20 I I , after the Amendment of I 945 Constitution.

ANALISIS DAMPAK PENETEPAN UU NO.28/2009 TERHADAP ABNORMAL RETURN DAN TRADING VOLUME ACTIVITY (STUDI KASUS PADA PERUSAHAAN ROKOK DI BEI)

This study aims to analyze the differences in the average abnormal return and the average trading volume activity on tobacco companies on the Stock Exchange before and after the promulgation of Law No.28/2009 events. This study uses event study, which carried out observations of the average abnormal return and the average trading volume activity for 5 days before and 5 days after the event. Results of this study indicate there are differences in the average abnormal return and the average trading volume but no significant activity before and after the promulgation of Law No.28/2009 events, suggesting that market participants had anticipated with no rush to transactions, average abnormal return obtained is negative which means that the information content of the event is bad information. The average trading volume greater activity in the period before the event was announced this suggests that investors anticipate likely done in the period before the event announced.

The Panama trust in international tax planning

The Panama trust in international tax planning