Rule Of Law Research Articles

Wewenang Pembuatan Akta Tanah oleh Notaris dalam Prespektif Kepastian Hukum

One of the authorities given to a notary as a public official is to create authentic deeds, in addition to other powers determined by law. According to Article 1868 of the Civil Code, an authentic deed is one made by an authorized official in a form specified by law. Both notaries and PPAT (Land Deed Officials) have the authority to create land deeds in accordance with applicable regulations. They play crucial roles and bear significant responsibilities in property transactions, ensuring the validity and legal force of these documents. This research employs a normative legal research method, which examines legal norms. The author aligns with Peter Mahmud Marzuki's view that legal research, or Dutch *rechtsonderzoek*, is inherently normative. Legal research involves searching for and uncovering hidden truths. Based on the discussion, and referring to the source of authority for Notaries through Article 15 paragraph (2) of UUJN, a Notary's authority in creating land deeds should be considered attribution or genuine authority. However, in practice, Notaries cannot make land deeds in the same manner as PPAT because PPAT is a partner of BPN (National Land Agency), posing the biggest limitation for Notaries in creating land deeds. For a Notary to create a land deed, they must hold the same position as a PPAT and obtain permission as a PPAT. Among the eight types of land deeds mentioned in Article 2 paragraph (2) of Government Regulation Number 37 of 1998 concerning PPAT Position Regulations, deeds that can be made by a Notary include, among others, the Deed of Sale and Purchase Agreement and the Deed of Power of Attorney to Sell, with the object being land, and the Power of Attorney to Encumber Mortgage Rights (SKMHT). These deeds may be made by a Notary, but their creation must adhere to the laws and regulations governing each position.

An apolitical risk assessment of the 2024 US elections: The threat of widespread riots and significant business disruption

Civil disorder has always plagued humanity, with violence being triggered by real or perceived grievances, rumours and speculation, and internal or external agitators. The risk to people, communities, businesses and the rule of law is not isolated to a particular country or society. The propensity for violence and how it is incited is, however, an evolving threat with the advent of the ‘modern riot’. The causes of violence centre on economic and social injustice, sports- and event-related riots, a reaction to police or security forces and political unrest. As the US nears the contentious 2024 elections, the failing trust in the three branches of government combined with external global tensions and conflict, threats from domestic extremist groups, a rising acceptance of violence as a means of settling political disagreements, hostile nation actors and international terror groups that exploit societal instability create fertile conditions for widespread violence. Exacerbating these factors are the risks from artificial intelligence (AI) deepfake, rapid mass communications, the citizen journalist, prominent influencers amplifying grievances and inflammatory media reporting. This convergence of exacerbators and accelerants for political discord offers the potential for serious security risks and significant business disruption.

Challenges Faced by Indian Democracy

Democracy is almost a perfect system in which common people can play an important role directly or indirectly. India is a democratic state. It is the largest democracy in the world. Democracy has many features and characteristics (rule of law, equality, justice, transparency, accountability, promoting individual rights and liberties, etc.). India is also trying to follow these features or characteristics. Democracy is gradually changing its nature day by day. Democracy in present era is not same as it was before. Democracy is redefining its definition. The democracy of India is also changing and facing many problems and challenges. Democracy is a form of government in which people either directly or indirectly participate in the decision-making process through a system of representation involving periodically held free elections. The Democracy of India is considered as the largest democracy in the world. In a democracy, authority is enjoyed by the people or their representatives and people are the final authority in every field of system of governance. However, in modern India, democracy has faced a lot of challenges like social and economic inequalities, poverty and unemployment, Illiteracy, Casteism, communalism, corruption, terrorism, population explosion. It is required to be addressed to sustain true parliamentary democracy in India. This paper tries to examine and analyse the existing democratic system in India & its implication towards the democratic system of the world. It also suggests certain possible measures or institutional reforms in order to ensure a healthy and sustainable democracy for India. I would like to discuss mainly the problems and challenges with some examples that Indian democracy is facing.

The role of Confucian values in Korean administrative culture: a cultural-contextual perspective

ABSTRACT The Korean administrative culture and its philosophy have been developed through the philosophical underpinnings of religious and spiritual practices of Confucianism. This paper argues how, as an administrative culture, Confucian tradition has significantly impacted Korean bureaucrat’s and citizens’ behavioural and attitudinal patterns. The managerial values developed by Western countries still could not be absorbed and integrated with Korean administrative culture due to the strong ethical and cultural Confucian values. However, in contemporary times, there is a diminishing trend of public service motivation and an erosion of public trust towards public officials in Korea. Many aspects of bureaucracy have been standardised regardless of their applicability in the cultural context. Although the rule of law remains the universally accepted mode of governance, understanding the contextual or situated specificity of the role of religion in Asia Pacific states is significant as the world is reverting to traditions and culture. The conclusion offers that in rendering public services, public values shape the ethics or moral standards of the bureaucrats. The morality of Confucian values and ethics can complement in Korea’s public organisational behaviour and religion, which could be a way to achieve an impersonal ethical code in modern public governance.

Effectiveness Improvement of the “Secondary Authorization” Rule in Criminal Law from the Perspective of Consequentialism

Effectiveness Improvement of the “Secondary Authorization” Rule in Criminal Law from the Perspective of Consequentialism

Опыт Европейского союза в формировании принципа верховенства права и верховенства закона в Европейском союзе

This paper examines the EU’s experience in establishing the principle of the rule of law and the supremacy of law within its framework. The focus on maintaining the rule of law in member states has become a central issue for the EU in recent years. The necessity for a robust legal framework that ensures fair and predictable regulation of social interactions and hierarchical structure is crucial for the integrity and proper functioning of society. This study aims to analyze the reasons behind the EU’s emphasis on the rule of law, the challenges it faces, and the measures taken to address these challenges. Any researcher studying the concept of the rule of law inevitably encounters the question: why has the European Union (EU) in recent years placed such a strong emphasis on issues of upholding the rule of law in its member states? The answer to this question is fairly straightforward: as members of society, people require a system of rules and norms that regulate interactions among them and establish a certain hierarchy. Without such rules and standards, society would be unable to maintain its integrity and ensure normal coexistence. European integration continually strives to improve the lives of all member states by addressing common issues. Nevertheless, the European Union is now facing a crisis of the rule of law in some member states due to corruption and an ineffective judicial system. Through sustained commitment and collaboration, the EU can enhance the rule of law, thereby fostering a more just and stable European society.

Criminal Law Enforcement Against Perpetrators of Sexual Intercourse with Biological Children

Criminal law enforcement is important in dealing with cases of incestuous sexual relations involving children, aiming to uphold justice and protect victims from harm. The main objective of this study is to examine the effectiveness of law enforcement in the jurisdiction of Tabanan Police in handling cases. Using empirical research methods, this study analyzes legal principles such as the rule of law, legislation theory, legal protection, legal responsibility, and legal effectiveness. This research focuses on a specific case documented in Police Report No. LP-B/35/VII/2020/B: LP-B/35/VII/2020/Bali/Res Tbn, in which the perpetrator, MSP, was charged with violating Article 81(3) of the Child Protection Law, in conjunction with Article 64(1) of the Criminal Code, or alternative provisions under the law. The results showed that there are significant challenges hindering effective law enforcement, particularly the lack of qualified law enforcement officers compared to the number of cases, which hinders optimal case handling in the jurisdiction of Tabanan District Police. This research argues that effective law enforcement is essential not only to sanction perpetrators but also to ensure justice and protect child victims from violence and crime. The implications of this study underscore the need for increased competence among law enforcement officials to effectively handle such sensitive cases. By bridging the gap between legal provisions and law enforcement, this research advocates for systemic improvements to strengthen the law enforcement framework in combating the crime of incest against children.

O PLANEJAMENTO ESTRATÉGICO SITUACIONAL COMO FERRAMENTA DE GESTÃO EM SAÚDE PARA A ESTRUTURAÇÃO DAS REDES DE ATENÇÃO EM SAÚDE PÚBLICA

Background: The Unified Health System (SUS), which by foment administrative decentralization throughthe establishment of the “Democratic State governed by the rule of law”,the Public Health Policies,and their integration within Healthcare Networks, works to formulate and implement actions that aim to improve collective well-being. Objective: Describe the importance of management tools for organizing Healthcare Networks in structuring Public Health Policies. Methods: The research is descriptive and qualitative, based on a case study in Pedregulho city (São Paulo), with field observation and data analysis. Strategic planning was used to identify care gaps in the Healthcare Networks and propose specific solutions for the problems presented, joined by an intervention matrix, aiming to strengthen Primary Health Care. Results: Due to the increase in chronic pathologies to the detriment of acute diseases in the city, the care lines involving chronic diseases filled the first place in the Intervention Matrix. In 2023, Pedregulho was pointedby Regional Health Department VIII as the city with the lowest deathrate caused by preventable chronic diseases. Conclusion: The findings provethe effectiveness and relevance of applying management tools to implement Public Health Policies.

CONSIDERATIONS ON THE CONDUCT OF ELECTIONS IN THE COVID-19 PANDEMIC

In this paper, we aim to present the amendments to the electoral legislation caused by the COVID-19 pandemic by reference to the experience of other countries and Romania. Following the analysis, I shall indicate whether the postponement of the election or its organization under restrictive conditions complies with the criteria of the rule of law.

On the Impact of Digital Technologies on the Rule of Law in the Electoral Process

On the Impact of Digital Technologies on the Rule of Law in the Electoral Process

The Dynamics of African traditional justice systems: Perspectives and prospective

ABSTRACT This study investigates the dynamics of African traditional justice systems in four African countries: Sierra Leone, Malawi, Uganda, and Zimbabwe. These countries have a rich history of traditional justice systems deeply rooted in their respective societies. These systems are regarded as essential elements of African communities, embodying unique philosophies, rituals, and practices that have historically played a crucial role in resolving conflicts and fostering peace. The evolution of law and order in these African countries has been heavily influenced by these traditional justice systems, contributing to the establishment of a robust governance structure. By conducting an analysis of customary justice frameworks in the sub-Saharan African context, this study examines the perceptions of local populations regarding the traditional justice system as a legitimate institution. It explores how the traditional justice system can function as an alternative or complementary form of justice within traditional societies. Drawing on previous research conducted in Sierra Leone, Malawi, Uganda, and Zimbabwe, this study reveals the challenges associated with integrating traditional justice systems into the broader legal framework. Nevertheless, it concludes that the integration of these systems can contribute to a comprehensive approach to sustainable peace-building, conflict resolution, and the establishment of a just rule of law in these African countries.

Understanding determinants of outward foreign direct investment: the role of economic policy uncertainty, institutional quality, and globalization

PurposeThis research aims to investigate the role of the economic policy uncertainty (EPU) in the outward FDI (OFDI) of the United Kingdom (UK) by considering the institutional quality (IQ) and globalization level of the host country as contextual factors.Design/methodology/approachThe UK’s OFDI to its twenty partners is analyzed by using the factor augmented model for the 2005–2019 period.FindingsThe results show that the EPU of the host country has a negative and significant effect on the UK's OFDI. Furthermore, the findings surprisingly illustrate that the globalization level of the host country has a negative and significant impact on the UK's OFDI. In terms of IQ, this study indicates that, while government effectiveness and regulatory quality have a negative and significant influence on the UK's OFDI, the rule of law has a positive and significant effect on the UK's OFDI.Originality/valueThis will be one of a few studies considering OFDI in the scope of EPU. Also, the contradicting results of the study add unique perspectives to the literature about the relationship between OFDI, globalization, and IQ.

Consulting citizens: Addressing the deficits in participatory democracy

‘Democracy’ is a pliable, and much abused concept, yet constitutional law cannot do without it. It is usually linked to the equally flexible notions of rule of law and constitutionalism. Due to many changes in public life around the world, entrenched ideas of governmental propriety, including being democratic, are undergoing a ‘loss of meaning’. The Constitution of the Republic of South Africa, 1996 explicitly requires democracy to be participatory. Despite various official efforts to formulate the modalities of public consultation and an established routine of public hearings and calls for comment on draft legislation and policies, it has not developed beyond a ‘box-ticking’ exercise, sometimes amounting to outright abuse. As a corrective to the shortcomings of standard electoral democracy a novel approach to the involvement of the citizenry in contentious decision-making has emerged in many parts of the democratic world. It takes the form of citizens’ assemblies composed to achieve descriptive representation rooted in an age-old method of randomised selection, known as ‘sortition’. To employ these mechanisms to realise genuine participatory democracy would require surmounting the difficulties presented by the complexity of South African society. Modern technology and advances in sortition methodology hold promises of overcoming the difficulties, but it would also require a political sea change.

Special Education is Required for Individuals Pursuing A Career as An Advocate, As Stated In Article 3, Paragraph (1), Letter F of The Republic of Indonesia Law Number 18 of 2003, Which Pertains to Advocates.

Special Education for the Advocate Profession (PKPA) is a requirement stipulated by the State Law of the Republic of Indonesia Number 18 of 2003 regarding Advocates. Special Education for the Advocate Profession is a mandatory program designed for those with a bachelor's degree and a foundation in law education. The socializing event had 30 prospective advocates and occurred on October 14, 2023, at the University of Tangerang Raya Tiga Raksa in Tangerang Regency. The Service Learning (SL) method aims to incorporate learning into the Special Education of the Advocate Profession (PKPA) or the collaboration between the National Leadership Council of the Indonesian Advocates Association (DPN PERSADIN) and the Faculty of Law, University of Tangerang Raya (UNTARA). Furthermore, the Participatory Action Research (PAR) methodology emphasizes explicitly the empowerment of individuals involved in the Special Education for the Advocate Profession (PKPA). This arises from the necessity to address legal issues inside the community. Volunteers from higher education institutions should prioritize the community as the primary agent of development and transformation. This activity aims to establish and promote advocacy, emphasizing that advocates are esteemed professionals who possess freedom, independence, and responsibility in upholding the law. The activities of this profession are legally safeguarded and protected to ensure the implementation of the Rule of Law.

Politicizing terror: the (ab)use of counterterrorism law for authoritarian ends in Tunisia

ABSTRACT This article analyses Tunisian President Kais Saied's abuse of counterterrorism law and his culpability in the country’s democratic backsliding. Following his election in 2019, Saied, with a split government and a growing economic and political crisis, took extreme measures to end the political deadlock, including dissolving the country’s parliament and claiming emergency powers in 2021. We argue that Saied has moved beyond making temporary moves to ensure political stability and is now seeking to use the country’s counterterrorism law as both his “weapon and shield,” conducting a targeted arrest campaign against opposition figures, and solidifying his authoritarian control of Tunisia. The arrest campaign, conducted primarily under the 2015 counterterrorism law, commenced in early 2023 and has included several prominent political figures in Tunisia. The charges, often stemming from an offender’s political statements, were framed as violations of the counterterrorism law, and were therefore justified to stem the tide of extremism and terrorism in Tunisia. Such legal abuse has allowed Saied to present his authoritarian actions as within the limits of the rule of law, a common approach for entrenched authoritarians. The analysis of arrest patterns suggests that a continued abuse of the counterterrorism law will eventually erode Tunisia’s nascent democracy.

Finality and Certainty in the Integrated National System of Chapter III Courts: Judge Vasta v Stradford

Australian authority holds that there is a critical distinction between superior and inferior courts when it comes to the legal force of judicial orders affected by jurisdictional error. It is said that such orders, when made by a superior court, have legal force unless and until set aside but that, when made by an inferior court, they lack legal force from the outset. This distinction — recently consigned to pre-1846 history by the United Kingdom Supreme Court — does not align with the contemporary reality of the integrated system of courts established under Ch III of the Australian Constitution. The appeals in Commonwealth v Stradford, Judge Vasta v Stradford and Queensland v Stradford present an opportunity for the High Court of Australia to set a new approach that reflects the constitutional context for Ch III court operation. Specifically, the appeals may be upheld on the basis that any purported order made by a Ch III court acting as a repository of judicial power has legal force unless and until set aside.

International legal foundations of national security

The article shows that modern national security is inextricably linked with ensuring global security, and also contains a very important legal component in addition to the military component. The primary role in this dual process belongs to the UN, so it is important to assess the position of the UN Secretary General on this issue. The latest Report of the Secretary General presents a new concept of the Rule of Law in international relations. Although the Report unduly focuses on the Rule of Law within States rather than in international relations, the Secretary General’s Report, which analyzes almost all aspects of the Organization’s activities, nevertheless shows effective measures towards strengthening International Law.

Institutional Quality as a Determinant of Economic Growth: Analyzing GDP Trends in Western Balkan Countries

Introduction: The main goal of this paper is to investigate the influence of the quality of (economic) institutions according to the data from the World Bank's specialized Worldwide Governance Indicators database on the gross domestic product per capita of 7 Western Balkan countries: Albania, Bosnia and Herzegovina, Montenegro, Croatia, North Macedonia, Serbia and Kosovo. Methods: We applied Correlation and regression analysis were used for the set of mentioned data for the period from 2008 to 2022. Results: The analysis showed that the indicator of the dependent variable (GDP/pc) has a statistically significant strong positive relationship with all indicators of the independent variable (quality of economic institutions), while the regression model determined that only the constant term and Rule of Law are statistically significant. Discussion: The results of the research can serve to better understand the relationship between institutions and economic growth, and as such can be a starting point for future policies aimed at improving institutions and economic growth in Western Balkan countries.

Parliamentary adjustment during a crisis: Interplay of digitalization and domestic context factors

The article studies how national parliaments in EU member states adjusted to the Covid-19 pandemic by posing the following questions: to what extent has the application of innovative digital measures facilitated the resilience of parliamentary democracy during the Covid-19 pandemic? What was the interplay between digital measures and other explanatory factors, such respect for the rule of law (RoL) at the domestic level and presence/absence of fast-track measures? Drawing on qualitative content analysis, the article demonstrates that the three explanatory factors reinforce each other. If respect for the RoL is deficient and fast-track measures are allowed, digitalization is not capable of upholding parliamentary powers in emergency situations. At the same time, parliamentary resilience is also possible without digitalization. The condition is that the domestic context guarantees both the respect for the RoL and the absence of fast-track measures.

DISSENTING OPINION: A DIFFICULT PATH TO FINDING THE TRUTH (BASED ON THE EXAMPLE OF UKRAINIAN JUDGES' INTERPRETATION OF CRIMINAL PROCEDURAL LAW)

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision.