Rule Of Law Research Articles

PERMANENT LEGAL STRENGTH (INKRACHT VAN GEWEIJSDE) PKPU PEACE IN BANKRUPTCY LAW

The decision to ratify PKPU peace (homologation) based on its regulations has permanent legal force (inkracht van geweijsde). The nature of permanent legal force is related to whether it can be executed or implemented immediately, so that this decision requires legal certainty by stating that the decision must have permanent legal force. Bankruptcy law regulates differently regarding the permanent legal force in PKPU decisions, the difference being that the permanent legal force does not apply to the entire substance of the case but only to the peace agreement agreement, which can be called limited permanent legal force. Regarding this specificity, the researcher wants to analyze it under the title "permanent legal force (inkracht van geweijsde) of PKPU peace in bankruptcy law". This research uses normative juridical research methods, with the analysis of peace theory, legal system theory and theory of legal objectives with a statutory approach, conceptual approach and case approach and which is expected to have prescriptive value in the future in accordance with its axiology, namely the aim of law is justice

Tax Revenue In Asian Countries: Contribution Of Economic Sector With The Rule Of Law As A Moderating Variable

The implementation of government effectiveness aims to provide the best service to the community. The effectiveness of this organization can be measured by one of them using The Worldwide Governance Indicators (WGI) project index. From 2010 to 2019, there are seven Asian countries with effectiveness indexes above the world average, namely Georgia, Hong Kong, Thailand, Japan, South Korea, Singapore, and Malaysia. Through this study, it will be assessed whether this effectiveness supports tax revenue by conducting research on the effect of the contribution of the industrial sector and the service sector to Gross Domestic Product (GDP) on the effect of tax revenue. Then the author also conducts research whether the interaction of moderating variables, in this case the Rule of Law Index variable with the two independent variables (the contribution of the industrial sector and the service sector to Gross Domestic Product (GDP)) has an influence on the contribution of tax revenue to GDP considering that law enforcement is one of the steps in the implementation of controlling tax payments. The results obtained in this study state that before the interaction with moderating variables, the independent variables, namely the industrial sector and the service sector in GDP contribution, have a significant negative effect on tax revenue. Then when the moderating variable, namely the rule of law index, interacts with the industrial sector and the service sector, the effect of the two independent variables on the tax revenue variable has increased to a significant positive effect, so that the moderating variable in this study has a role that strengthens the influence of the independent variable on the dependent variable.

Legal Framework and Rule of Laws in The Context of Indonesia’s National Resilience

This study aims to explain the impact and pattern of the relationship between the framework and the rule of law on the quality of data-data, in particular demography, politics, society, culture, defense, and security, so as to provide an appropriate perspective on the lens of Indonesia's national resilience. This study uses a structured literature review that explains the relationship and impact of the framework and the rule of law on the Qatar-data, especially on the political, economic, demographic, social, security, and defense forces. The results of this study show that the framework and rule of law have a net relationship and have a positive correlation with political, economic, demographic, social, security, and defense forces, where the quality of both either positively or negatively affects the level of resilience or vulnerability to Indonesia's resilience as a nation-state.

Dynamics of legal regulation of exemptions in the payment and calculation of land fees in the conditions of martial law on the basis of judicial practice

The relevance of the research topic is stipulated by the new challenges faced by our country in connection with the armed aggression of the Russian Federation against Ukraine and the need to adapt the legal regulation of land payment in terms of its calculation and payment during the period of martial law. The purpose of the article is to trace the dynamics of legal regulation of land payment during martial law, and to review the current case law of both national courts regarding the resolution of disputes on the cancellation of a tax assessment notice and the case law of the European Court of Human Rights in terms of determining the conceptual foundations for the construction of legal provisions. The study of the issue of payment and accrual of land payment is of both applied and theoretical nature, since violation of the means and rules of rule-making technique leads to tax disputes. The analysis of legal constructions of the Tax Code of Ukraine and other regulatory legal acts made it possible to identify problems in the regulation of land payment, which consist in violation of the rule of law principle provided for by the Constitution of Ukraine. The Constitutional Court of Ukraine has defined the principles of legal certainty and legal predictability as components of the rule of law. The inconsistency of the provisions of the Tax Code of Ukraine and bylaws has led to a dual interpretation of their rights and obligations by taxpayers and controlling authorities. The author analyzes the positions of the controlling authorities in terms of amendments to the regulation of the calculation and payment of tax liabilities for taxation of land plots located in the temporarily occupied territories or in the territories where military operations are (were) conducted.

The response of energy aid and natural resources consumption in load capacity factor of the Asia Pacific emerging countries

Researchers have frequently raised questions about the capacity of CO2 emissions to depict the state of environmental quality comprehensively. The study responds to this gap by recommending a novel instrument, Load Capacity Factor (LCF), to precisely evaluate the ecological implications of energy aid (EA) and natural resources extraction for environmental quality in 34 Asia Pacific countries (APAC) between 2002 and 2021. Applying the instrumental variable GMM, the present estimations respond that environmental quality (LCF) suffered significantly due to energy aid (0.0259%) and natural resources (0.0557%) in the candidate countries. These outcomes are further corroborated by the heterogeneity analysis based on income and region. The addition of moderators, including the rule of law and political stability, steered the relationship between EA and LCF in a positive direction. The findings imply that policy alignment is crucial to operationalising energy aid and natural resources to achieve sustainable economic development in the sampled group.

Violence, Democracy and Criminal Justice in five South American countries (2014-2020)

Latin America is the most violent region in the world. Its average rate exceeds 20 homicides per 100,000 inhabitants, while the global average rate is 6 per 100,000 and the epidemic limit is 10 per 100,000. No consolidated democracy has uncontrolled rates of homicidal violence, none of them have high impunity and a low rate of rule of law. Our task in this paper will be to relate violence, the level of democracy and criminal justice as a proxy indicator of the rule of law in five representative countries in Latin America. To this end, we use the following as indicators for measuring, classifying and correlating these concepts: democracy indices from The Economist's Democracy Index; UNODC homicide rates per hundred thousand inhabitants as a proxy for violence; and the factor eight criminal justice indices from the World Justice Project's Rule of Law Index (2021). Our theoretical argument, or conjecture to be tested, was that the indicators of violence, democracy and criminal justice as a factor of the Rule of Law are associated. In other words, the signs of statistical correlations and crossing data sets from the 2014-2020 time series point to a higher level of democracy when there is a higher level of criminal justice and, in turn, lower levels of violence. Data analysis confirmed our theoretical conjecture and, in the five countries analyzed, violence tends to fall with the improvement of criminal justice indicators (Rule of Law) and reflects a better quality of democracy.

O Supremo Tribunal Federal como garantidor do estado de direito ambiental no governo do presidente Jair Bolsonaro

This paper aims to analyze the performance of the Supreme Federal Court (Brazil) on environmental rulings, originating from international obligations assumed by Brazil and the posture of the government of Jair Messias Bolsonaro, which oscillates between populism and denialism. The rhetorical strategy of the heads of the federal Executive is not a recent novelty in Brazil, and the latest President of the Republic, following the modus operandi of other counterparts, intensified the use of populism in an attack on the international legal order and its institutions. In its functions, the Brazilian Federal Legislative was held in a mere supporting role, without a clear defense of the internationally binding legal ties to Brazil, or a posture of interpellation to the Executive for the maintenance and enhancement of domestic law in the face of law arising from outside its territory. Thus, the Supreme Federal Court assumed the condition of guarantor of transnational legal claims and international law, as a brake on this negationist populism against International Law, contemplating the prevalence of the protection of Human Rights, Democracy, Environment Law, and the Rule of Law. For the development of this research, the inductive method was used, operationalized by the operational concept techniques, bibliographic research, and jurisprudential analysis.

Institutional governance and state-building in Somaliland

Governance is the combined principles of the effective rule of law within a framework of institutional capacity for legal entity, Institutional governance encompassed both administrative aspect and legal framework of institutional development linked with the state-building development. Institutional governance entails accountability, transparency to the demands of effective monitoring process, the aim of the paper is to know how institutional governance affect state-building in Somaliland, institution governance framework and the role of institutions to stat-building follow to accountability, transparency, rule of law and participation. The paper exams to understand the dynamics of institutional governance and state-building idea of governance in state-progress, state-building determinate, institutional Legal frameworks, discrepancies affecting institutions and the consequence. Somaliland is post-conflict country, the consequence from the destruction of infrastructural development brought some basic facilities including, peace, schools and institutional governance has destroyed, the paper presents the role of government bureaucrats (Civil Service)[1] in institutional building, peace restoration and institutional development, finally one of the ideas of paper discussed is the how citizens involved state-building and state-development. The Somaliland Civil Service Commission is a Somaliland government agency established in 1993 that oversees the employment of civil servants and lead reforms in Somaliland's decentralization process. The head of the agency is chairman and is appointed by the President of Somaliland.

Does Quantum Mechanics Require “Conspiracy”?

Quantum states containing records of incompatible outcomes of quantum measurements are valid states in the tensor-product Hilbert space. Since they contain false records, they conflict with the Born rule and with our observations. I show that excluding them requires a fine-tuning to an extremely restricted subspace of the Hilbert space that seems “conspiratorial”, in the sense that (1) it seems to depend on future events that involve records (including measurement settings) and on the dynamical law (normally thought to be independent of the initial conditions), and (2) it violates Statistical Independence, even when it is valid in the context of Bell’s theorem. To solve the puzzle, I build a model in which, by changing the dynamical law, the same initial conditions can lead to different histories in which the validity of records is relative to the new dynamical law. This relative validity of the records may restore causality, but the initial conditions still must depend, at least partially, on the dynamical law. While violations of Statistical Independence are often seen as non-scientific, they turn out to be needed to ensure the validity of records and our own memories and, by this, of science itself. A Past Hypothesis is needed to ensure the existence of records and turns out to require violations of Statistical Independence. It is not excluded that its explanation, still unknown, ensures such violations in the way needed by local interpretations of quantum mechanics. I suggest that an as-yet unknown law or superselection rule may restrict the full tensor-product Hilbert space to the very special subspace required by the validity of records and the Past Hypothesis.

Sweatshops and Labour Law: The Ethical and Legal Implications of Ignoring Labour Law in Developing Countries

Abstract Academic defenders of sweatshops argue that disregarding labour rights will result in increased welfare in the developing nations where transnational corporations (TNCs) operate. They argue that TNCs should ignore local labour laws in the best interests of the poor. In this article we criticise this ‘ignore the law’ position regarding sweatshops on three separate grounds. First, it fails to acknowledge the demands for businesses to respect the rule of law as part of the development process. Second, it utilises an inadequate account of voluntary contractual bargaining which overlooks how employment practises operate in sectors prone to utilising sweatshop labour, leading to coercive employment conditions incompatible with human dignity and free choice. Third, it fails to adequately account for labour law and international labour standards, which embody a strong moral conception of dignity at work and observance of fundamental human rights in protecting workers against abuse through the resulting legal duties placed on states and corporate actors. We conclude that poverty reduction requires the support of both private and public actors. Advocating the side-stepping of labour laws distracts from the important work of institution building necessary to protect workers and facilitate economic growth consistent with decent work, sustainable development, fairness and human dignity as embodied in international labour standards.

Preserving the Rule of Law Through Transnational Soft Law: The Cooperation and Verification Mechanism

AbstractThis contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this special issue. Indeed, the EU-15 enlargement towards the ‘periphery’ proceeded also through soft law instruments, perceived to allow greater flexibility in monitoring. Soft law – or rules of conduct that have no legally binding force but may have legal and practical effects (Snyder 1993, 64) have been considered inappropriate by the literature in dealing with the regulation of values in EU law. However, a closer look at the career of soft law issued for Romania under the Cooperation and Verification Mechanism appears to suggest a more nuanced picture. Whilst time is not yet ripe for a full assessment of the effectiveness of the tools, there are signs that show that the reports issued by the Commission within the Cooperation and Verification Mechanism process have had an influence in fostering change. They did so by catalysing litigation and, as a result, informing and fuelling an institutional dialogue on the rule of law at the transnational level.

PROVING AS AN HEIR WITH A NOTARIAL DEED

Proof that every citizen has the civil right to an heir, to be able to elimanate discrimination in formal form and officials/institutions that make evidence of an heir to the state and the people of Indonesia. The purpose of this journal article was to know how an heir was show to the notary deed (in the form of certificate of inheritance). The method of research used in compiling this journal article is normatif juridical law. The result in this journal study is that there is discrimination within a rule of law in proving as an heir and what is required of the only institution or official who is authorized to produce evidence as an heir.

Regulation and organization of the lawyer profession in Romania in accordance with the provisions of Law no. 51/1995

The legal system in Romania is based on the principle of the rule of law, which ensures equality before the law and the protection of individual rights. Within this system, the lawyer plays an essential role in providing legal services and guaranteeing a fair and just trial for all citizens, representing and defending the rights of his clients before the courts and in other legal proceedings. Through their legal expertise and commitment to justice, lawyers are fundamental pillars of the legal system and help maintain its balance and integrity.

Protecting fundamental EU values: In search of a balanced approach

This article reflects on the increasingly contentious nature of EU fundamental values under Article 2 of the Treaty on European Union. It argues that a ‘double encroachment’ is taking place in this field. Under the convenient veneer of defending ‘conservative’ values, the governments of some EU member states have taken measures that undermine basic rights, checks and balances. But at the same time, EU institutions have increasingly embraced an expansive and progressive interpretation of EU fundamental values that restricts member states’ ability to pursue conservative policies on such matters as family, gender and education. A restrained approach is advocated to strike the correct balance between the EU’s necessary responsibility to protect the core dimensions of the rule of law and fundamental rights across the member states and those states’ legitimate desires to filter their interpretations through the specific lenses of their societies’ histories, values and democratic preferences. Some recommendations to that effect are put forward.

The administrative act issued by a person without competence

In order to be issued, administrative acts must come from persons with competence, which gives them the right to adopt or sign such documents. The issue under consideration in this article concerns both unilateral administrative acts and collective administrative acts. The legal force of an administrative act is given by the competence conferred by law to the collective body entitled to adopt that document or to the civil servant to whom such competence is conferred by law. In the case where either the collective body that will adopt the administrative act or the civil servant having such competence acts on the basis of a mandate that is limited in time, their competence shall be attributed only for the duration of that mandate. Any administrative act adopted, issued, signed by a collective body or by a public official outside the time covered by the aforementioned mandate, respectively after its expiry, is unlawful and therefore struck by absolute nullity. Although resolving these issues does not pose any particular problems, in practice the courts have proposed contradictory solutions, which generated this study.

Tax revenue mobilization and institutional quality in sub‐Saharan Africa: An empirical investigation

AbstractThis paper investigates the effects of institutional quality on tax revenue collection in sub‐Saharan African countries. We include the six institutional quality indicators (i.e., voice and accountability, political stability, regulatory quality, rule of law, control of corruption, and government effectiveness) as explanatory factors for tax revenues and its components in a sample of 42 countries over the period 1996–2019. A system GMM approach was used for the estimations. Consistent with previous results, we find that institutional quality has positive and significant effects on tax revenue collection in sub‐Saharan Africa. Specifically, aggregate total tax revenues, direct taxes, income taxes, and goods and services taxes are positively affected by the six institutional quality indicators. Indirect taxes are positively associated with four indicators, with the exception of government effectiveness and political stability, while tax on international trade are affected by institutional quality factors, with the exception of control of corruption and voice and accountability. These findings indicate that sub‐Saharan African countries should improve institutional quality to boost tax revenue collection.

Status and Possible Further Development of the Prohibition of Starvation of Civilian Population in Armed Conflicts

The main objective of the research is to determine whether the legal rules of international law of armed conflict and international criminal law regarding the prohibition of starvation of civilians as a method of warfare are appropriate to the increasingly widespread practice of starvation in armed conflicts and what the main challenges are. The authors analyze the content and scope of relevant rules, including those that indirectly refer to the prohibition of starvation – for the protection of vulnerable groups, siege, blockade, evacuation, humanitarian relief operations, etc. They take a dynamic and critical approach to this issue. They dynamically analyze the evolution of the prohibition of starvation of civilians under international law from World War II to the present, drawing on relevant examples from international jurisprudence, the work of international bodies and the opinions of legal authors. The authors apply a critical approach to address the need for greater moral stigmatization of starving civilians in armed conflicts. As a part of the critical approach, they see the need for consistent use of the term "starvation", especially when opening new criminal proceedings against the order issuers and perpetrators. They point to the need for patient research and documentation in each case to gather evidence to the best possible extent. Regarding the existing international legal framework, they see the possibility of creating additional legal rules by introducing a distinction between the basic and qualified forms of a criminal offence.

Quick Fix Solutions-Anticorruption as Core/Peripheral Modality of the ‘Rule of Law’

AbstractAnticorruption has become the fulcrum of conditionalities for unstable democracies. In the EU, antigraft packages formed the common denominator of stabilization policies for Romania, Bulgaria, the Western Balkans, Moldova, and Ukraine. Union conditionalities trailed broader international trends and campaigns. The shift led to a crescendo of institutional innovations. Discursively, it generated a degree of conceptual overlap: anticorruption, for peripheral stabilization purposes, equates with the rule of law. I argue that the exclusive stress on anticorruption as a panacea for the (semi)periphery is fraught with perplexities. Paradoxically, in systems that can be reliably described as corrupt, the policy has a propensity to be derailed from its ostensible purposes. This danger results partly from categorial tensions between RoL normativity, on the one hand, and, on the other, the ethical purism and policy quantification inextricably linked with anticorruption. In the context of peripheral crusades, tendencies towards legal instrumentalism and populist emotionalism are exponentially higher than in stable jurisdictions. Consequently, unidirectional attempts to stabilize such systems by way of repressive anticorruption backfire. Likelier results are instability or forms of stability that might not correspond to central, received understandings of how a rule of law liberal-democratic system should operate. By the same token, in the integrated transnational constitutional system located at the intersection of EU and Council of Europe guarantees, “reverse conformities” tend to upset core tenets and representations of the rule of law. The paper argues that anticorruption policies, albeit eminently useful, should be fettered by rule of law constraints, not equated with the notion of the rule of law.

The concept of effectiveness of ensuring the rights and legal interests of a person in pre-trial criminal proceedings

The following factors have a significant impact on the level of effectiveness of ensuring human rights and legitimate interests in criminal proceedings: the political regime in the country, the level of legal culture of the population, the level of economic well-being of the population, the state of compliance with the rule of law, etc. It is possible to assess the effectiveness of ensuring human rights and legitimate interests in criminal proceedings only taking into account the above factors. The purpose of this scientific work is a legal analysis of signs of the effectiveness of ensuring human rights and legitimate interests in criminal proceedings; based on the studied characteristics, formulate the concept of the effectiveness of ensuring the rights and legitimate interests of a person in pre-trial criminal proceedings. The methodological basis of the research is based on general scientific and special methods, in particular, dialectical, comparative legal, formal logical, structural and functional, and the method of theoretical generalization. It was found that the effectiveness of ensuring the rights and legitimate interests of a person in criminal proceedings is manifested in two aspects: 1) the ability of procedural guarantees to achieve the goal of providing an individual with a legal and actual opportunity to use the right and satisfy the legitimate interest in a minimum period of time; 2) the ability of procedural guarantees to achieve the goal of providing individual with a legal and actual opportunity to renounce the right and legitimate interest in a minimum period of time. It has been determined that the effectiveness of ensuring the rights and legitimate interests of a person in criminal proceedings is the ability of procedural guarantees in a minimum period of time to achieve the goal of providing individual with the legal and actual opportunity to use the right and satisfy a legitimate interest or the opportunity to renounce the right and legitimate interest in pre-trial criminal proceedings.

The Impact of the European Union on the Endorsement of the Justice Reform in Albania

European integration has been the primary goal of Albanian foreign policy since the collapse of the communist regime, regardless of the ruling political party. The political elite and the Albanian people embrace and support the integration process. Also, the European Union has grown as a transformative power in Albania, fostering democracy, influencing structural reforms, and impacting the rule of law through the promise of future accession. However, the enlargement process has been slow due to internal and external factors. The article analyzes the EU as a transformative power and the use of Conditionality in Albania as an essential diffusion channel of the EU's values and norms, using the adoption of justice reform as a key study. The article's objective is to examine how the EU perspective membership has influenced the endorsement of justice reform in Albania. The paper argues that the EU approach has succeeded in fostering compliance with formal accession criteria but has yet to implement the justice reform due to internal factors and a not linear enlargement perspective. Progress Reports, literature, surveys, and media articles will be analyzed to fulfill the paper's objective.   Received: 10 February 2024 / Accepted: 20 April 2024 / Published: 5 May 2024