Security Rights Research Articles

Boko Haram Terrorism and Human Security in Nigeria: Matters Arising

ABSTRACT The study is a contribution to the relatively few existing empirical studies on the effects of Boko Haram terrorism on human security in Nigeria. Because generating primary data on terrorism from the terrorists themselves is extremely difficult and first-hand information/statistics on the crime are often collated, classified, and restricted within the military and paramilitary formations, most researchers rely mainly on secondary sources of statistics and data to report the incident to the scientific community. Utilizing ex post facto survey research design, data were collected from newspapers and magazines, and analyzed using content analysis method. The results showed that both the intensity of terrorism and the anxieties it had unleashed on the population have resulted in social and moral panic, with dire consequences, particularly on educational development, food security, economy, national cohesion, and human rights. It was concluded that terrorism is a serious threat to human security in many fronts. The policy implication is that social capital, participatory politics, and trusted military-police-public partnership in community policing and security should be developed and sustained. The national security forces should be overhauled to eliminate sabotage, compromise, and other irregularities in the system, which has over the years, delayed winning the war on terrorism.

Dasar Pertimbangan Penetapan Nilai Limit Obyek Lelang Eksekusi Hak Tanggungan

This study aims to analyze the legal considerations used by the head of the district court in the adjudicate the auction of execution. The other purpose is to analyze the legal implications related to the enactment of the Security Rights Law and the Minister of Finance’s Regulation on Instructions for Auction Implementation. This study uses normative juridical research with a statute approach and a case approach. The results show that there are three basic considerations used by the head of the district court in determining the object's limit value over the auction of security rights execution. The juridical implication that the head of the district court is wrong in applying Article 6 of the Security Rights Law. The determination of the limit value by the head of the district court contrary to the principle of the judge being passive and waiting.

The Rural Agricultural Neighbors’ Communities: Logic vs History

Rural neighbors’ communities are observed in various periods in many countries. Usually they are understood as the survival of primordial social structures, as the remnants of a tribal system, which allegedly was peculiar to human beings from the very beginning of social history. This community theory was based on: 1) some misinterpreted contemporary (for the 19th century) remnants of communality (in Germany, Russia and India); 2) research on the tribal society of American Indians (L.G. Morgan) and 3) on the logic, on the deep persuasion that a man was primordially a community member and only after some time and development acquired individualistic notions. This concept was perceived by K. Marx and F. Engels and, therefore, became the indisputable dogma in the Soviet and, unfortunately, in some Post-Soviet historical and theoretical historical studies. The author of the article shows groundlessness of such kinds of ar-guments and reveals his own concept of formation of rural agricultural communities in various countries as institutions, providing the formation and functioning of political and economic systems of class (stratified, developed) society. They had various forms depending on their composition: they were rather composed with the lower social stratum (peasantry), or they included privileged people as well, and on their main functions: securing of rights or of their obligations. Periodical redistributions of land, if any, accordingly, were of two types: based on sharing common property, or on usages of distribution of rents and revenues.

Die Faustpfandpublizität im IPR

This paper adds to the discussion about the recognition of foreign non-possessory security rights in Austria. The said discussion was triggered by the decision of the Austrian Supreme Court in Civil and Commercial Matters, 3 Ob 249/18s, having, presumably, a negative impact on insolvency estates/unsecured SME-creditors. The present author opposes the idea that overriding mandatory rules should neutralize the decision and require parties to physically hand over collateral before crossing the Austrian border. Austrian conflict law needs to follow the internal market rules and address fraudulent evasion in a more nuanced way, e.g., based on the principle of the strongest connection.

MINIMUM LIVING INCOME BENEFIT AND BRITISH NATIONALS IN SPAIN IN TIMES OF BREXIT

As from 1 January 2021, after the end of the transitional period imposed by the EU-UK Withdrawal Agreement, the UK will be for all purposes a third State and its nationals considered as “foreigners”. The change of status of the UK raises interesting questions regarding the social security rights of EU citizens and UK nationals. This paper deals with the possibility of access to the Minimum Living Income benefit for British nationals residing in Spain, either under the Spanish immigration laws or within the framework of the EU Regulations on the Coordination of Social Security systems. As a core issue, the identification of the Minimum Life Income benefit with the special non-contributory benefits of Article 70 of Regulation 883/2004 is argued. To this respect, the lack of inclusion of the Spanish benefit in Annex X can be considered as a serious oversight, possibly rectifiable by regulation and very necessary to avoid the conflict that this lack of clarification could generate

Gerard McCormack and Reinhard Bork (eds), Security Rights and the European Insolvency Regulation

Gerard McCormack and Reinhard Bork (eds), <i>Security Rights and the European Insolvency Regulation</i>

Orang Asli Land and Resource Rights in the Malay States, 1874–1939

The Orang Asli (Malay for ‘Original People’) are the indigenous minorities of Peninsular Malaysia. Today they are among the poorest and most disadvantaged category of Malaysian citizens. Their problems are based in large part on their lack of secure rights over the land on which their ancestors lived and supported themselves. In this article, we argue that their land issues are rooted in the relevant concepts, policies and regulations introduced by the British when they colonized the mainland Malay states of the peninsula beginning in 1874. Based on an examination of colonial policies and laws regarding state land, aboriginal reserves, private land ownership and interests, Malay reservations, forest reserves and wildlife reserves, we argue that the colonial government classified land ownership and development rights in ways that prioritised plantation agriculture, forestry, mining, wildlife, and the needs of Malay peasants over those of the Orang Asli. Moreover, the laws, policies, and practices of the colonial administration are little changed in the present day and are in need of government-led legal, institutional and practical reform if Orang Asli are to gain secure land rights and the protections guaranteed to them under the Federal Constitution.

Land reform, rural inequality and agrarian change: the case of Isidenge, Stutterheim, Eastern Cape

Property ownership and social relations on the land have changed significantly since 1994 in the Isidenge Valley, Stutterheim, Eastern Cape. In part this is the product of a partially-implemented land reform scheme and in part the result of African land purchase. In this article we chart these processes and their impact on rural inequality and agricultural production. We also offer some comments on the character and outcomes of land reform. In 1994 the Border Rural Committee, working with a well-organised SANCO branch, proposed a two phase land reform project: a village settlement for over 600 marginalised tenants where they could have secure rights to land, and the purchase of a further 900 ha of land for a smallholder farming scheme in this high rainfall area. The government implemented only the first phase. This gave former rural tenants security of tenure and better access to urban services in Stutterheim. About 10 per cent of those in the settlement who have livestock have benefitted from dismantling the barriers between them and adjacent state and private land. Beyond the settlement, black private purchasers owned about 55 per cent of the Isidenge valley in 2018 – a very significant increase. However, with a few exceptions, agricultural production has not been effectively maintained and some landowners find it difficult to enforce their property rights. There have been general benefits, as well as differential benefits, from the settlement scheme and the freedom to purchase. Increased security, rights and social capacity are all elements in the resolution of inequality and socio-economic changes in the valley have enhanced these processes for black South Africans.

Securing Land Rights under Rapid Population Growth: The Feasibility of Institutional Land Rights Protection in Africa

The paper examines the claim that a virtuous cycle of more secure land rights, more land-saving investments, and denser populations requires the development of institutions that regulate competition over land. We construct a contest model that links the tenure-security-investment relationship to the efforts of land users to enhance land rights themselves and the role of institutional protection. We study the effect of population growth on a close-to-subsistence economy, including the possibility that it weakens institutional protection. We derive sufficient conditions for a positive effect on land investment, but also show that population growth can push the economy into a low-productivity trap.

JUDICIALIZAÇÃO DE POLÍTICAS PÚBLICAS E O AJUSTAMENTO DAS NORMAS PROCESSUAIS CIVIS ÀS DEMANDAS INDIVIDUAIS DE SEGURIDADE SOCIAL

O presente trabalho objetiva reafirmar as bases de proposta dogmática para o ajustamento de institutos e categorias do processo comum para as ações individuais em que se busca a proteção de direitos de seguridade social. Aponta o caráter multifacetário do tema da judicialização de políticas públicas, destacando a falta de atenção acadêmica às exigências do direito fundamental à tutela jurisdicional adequada em tema de direitos sociais. Valendo-se do método indutivo, articula dois níveis de judicialização, tendo como critério o objeto do provimento jurisdicional. Identifica que a judicialização de políticas públicas, em qualquer de seus níveis, pode ocorrer também mediante ações individuais, disciplinadas pelo processo civil comum. Demonstra a inadequação de algumas normas do processo civil para a proteção dos direitos de seguridade social, o que ilude o direito fundamental à adequada prestação jurisdicional. A partir dessas bases, o artigo expressa a necessidade de um teste de idoneidade das normas processuais para sua aplicação nas demandas de seguridade social, concluindo que a construção de uma nova conformação dos institutos e categorias processuais corresponde a um trabalho da dogmática e igualmente do juiz em uma situação concreta.

Social security coordination after Brexit: trying to take an egg out of an omelette?

This article examines the negotiations to secure social security and healthcare rights after Brexit for people who have exercised their right to free movement or move between the EU and UK in the future. The analysis is based upon examination of drafts of the Withdrawal Agreement informed by interviews with senior policy makers involved in the Brexit negotiations. The article finds that while persons and benefits included in the Withdrawal Agreement mirror those of the current Coordinating Regulations the procedure for identifying eligibility is complicated and future arrangements might not provide comprehensive coverage and legal certainty.

THE CONTENT AND PECULIARITIES OF THE POWERS OF EXPERTS AS SUBJECTS OF INTERACTION WITH LAW ENFORCEMENT BODIES

The article defines the content and peculiarities of the powers of experts as subjects of interaction with law enforcement bodies. It is proved that in cooperation with law enforcement authorities, experts are given a certain amount of authority, which is more related to their participation in criminal proceedings and is sufficiently detailed in the current legislation. It has been established that to date, the powers of experts in the field of interaction with law enforcement bodies require detailed study, identification of gaps in their legal regulation and determination of ways of their elimination. All rights of experts in the field of interaction with law-enforcement bodies are proposed to group according to the purpose of their implementation: 1) rights that are implemented in order to carry out a complete, comprehensive and objective study; 2) security rights. The indicated duties are proposed to be grouped into two groups: 1) related to conducting expert research; 2) involved in participation in criminal proceedings. It has been established that all rights and obligations in the field of study should be considered through their division into those that are necessary for them to conduct a full, comprehensive and objective study, and those that determine their ability to participate in criminal proceedings.

Using microdata for international e-Government data exchange: The case of social security domain

Semantic interoperability issues of international e-Government data exchanges have not been solved up until now. In the case of social security institutions, the data exchange operations have some particularities that make that the non-ambiguous definition of core concepts used in the institutions has a key impact on the success and quality of system interconnections. In this article, we present the result of a research to implement a new metadata specification based in Dublin Core elements for international social security exchanges, named Exchange Social Security Information Metadata (ESSIM). This proposal is based in a semantic approach using Linked Data for Interoperability, with technologies, such as RDF(S), SPARQL, Microdata and JSON-LD, in order to ensure interoperability between social security institutions from different countries. This will help to strengthen the protection of the social security rights of mobile workers by automating the application of international agreements on social security and to improve cross border communication between social security institutions of different countries. For the near future, the goal is to include this specification as part of information and communication technology Guidelines under development by International Social Security Association with the participation of authors of this article. This will facilitate a future adoption of the specification as an international standard.

The state of personal liberty in Australia after M47: A risk theory analysis of security rights

In Plaintiff M47/2012 v Director General of Security, the High Court y t of Australia unanimously applied a test of compatibility with human rights related statutory responsibilities to an impugned public interest criterion. A clear majority of the High Court appeared willing to consider whether the right to personal liberty in Australia has constitutional protections extending to refugees. This article applies Ulrich Beck's risk theory to recent preventive, administrative detention of refugees under adverse security assessments to examine the relationship between liberty rights and the decision-makers responsible for assessing, and for managing, national security risk. Risk theory casts light on how the collective right to national security relies on respecting every individual's right to liberty and security of person. The High Court's formal, values-based method of statutory interpretation is endorsed as an effective accountability mechanism capable of protecting fundamental values expressive of human rights.

BRIEF STUDY OF ANALYZING IDEOLOGICAL DIMENSION OF ISLAM RADICAL IN INDONESIA

Terrorism is an ideology where the fulfillment of individual or group goals must be carried out even if it is carried out by acts of violence. One of fundamental aspect for human right clausal is the right of security. The act of terrorism, of course basically is violates basic human rights. As recently happened, a series of religious based of terrorism attacks has shaken Indonesia in May 13th–14th 2018. It was initially occurred in three churches in Surabaya. The bomb explodes took place at Immaculate Saint Marry Catholic Church, Indonesia Christian Church, and Surabaya Central Pentecost Church. To terrorist, as Abraham Lincoln said in term “indispensable necessity”. It is to describe about requirement of faith that cannot be negotiated because it involves their understanding on the basis of essential salvation. Many researcher, journalist and politician refuse to believe that this violence is happen because of the trigger of politic or religious ideology and prefer to explain it as a result of high economic disparity and social situation discrimination. However, terrorist feel that what they are doing is a truth. Thus, it is important to go beyond the concept that Jihadist is just a phenomenon because of insecurity based on internal disparity and discrimination problem, but it is a derivative of blind attraction of individual or group by big labels such as Daesh, ISIS or Al-Qaeda. Accordingly, this paper is written for explaining about the factors of violent extremism based Islamic religion, that flourishing recently by using three combination of theories as Primordialism, Constructivism, and Instrumentalism.

Application Of The Principles Of Insurance Law In Fire Insurance Agreements On Credit Guarantees Attached Object Security Rights

The purpose of this study were 1) to know application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights, 2) To know the weaknesses in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights.Approximation methodused is a normative juridical research that refers to the theories, doctrines, norms, principles, rules relating to matters pertaining to insurance law. The nature of this research was analytic descriptive depict or describe the facts with the implementation of analytical and systematic.Based on this study concluded that 1) Application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights are concerned principle consensual taken from one of the terms of agreement, namely the agreement of both parties. People can not be forced to give agreement. Agreed given by force is a contradiction interminis. Coercion indicates the absence of agreement that may be performed by other parties. The deal gives the option to the parties, to agree or disagree bound by a treaty with legal consequences. 2) A weakness in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object encumbrance is Risk Coverage and Exclusions goods insured.Keywords: Principles of Law; Insurance, Agreements; Fire; Collateral Loans; Mortgage.

Analysis Of Judge's Decision On Notary Tort In South Jakarta District Court (Case Study No. 124/PDT.G/2017/PN.Jkt.Sel)

The purpose of this research is 1) To know the Judges considerations in determining Notary Torts in South Jakarta District Court, 2) To determine the Decision Execution Judge Effects of Torts committed Notary in South Jakarta District Court.The method in this research is descriptive. This type of research is normative. The method used is qualitative analysis, namely data obtained through fieldwork and research literature then arranged systematically, and then analyzed qualitatively to achieve clarity issues to be discussed. The data is then analyzed using a theoretical and interpretive positive law which has been poured and then deductively conclude to address existing problems.Based on the results of research that the judge in analyzing the case with No. 124/PDT.G/2017/PN.Jkt.Sel seen from the evidence presented as witnesses, documentary evidence, conjecture, confession or oath that is revealed in the trial are: Defendant 1 and Defendant V and co-Defendant 1 and Defendant II helped found guilty of Torts; Plaintiff is the legal owner of the disputed land Right No. 3747/Pondok Pinang, covering an area of 310 M.2, Pictures situation 24-0201994 date No. 1242/1994; Sale and Purchase Deed before a Notary Noor Kholid Adam, SH., MH between Andrei Widjaya with Ir. Sugandi, canceled Based on Law; Mortgage Ranked First No. 5204/2016 based APHT PPAT Noor Kholis Adam, SH., MH, registered in the name of Standard Chartered Bank with registered office in Branch Jakarta dated August 29, 2016 is the Disability Law, Illegal, not have binding legal force; As a result of the implementation of decisions of law in case No. 124 / PDT.G / 2017 / PN.Jak.Sel relating to tort which did by Notary is null and void, with all the legal consequences of Notary Deed and the Co-Defendants, namely: Sale and Purchase Deed No. 202/2016 dated May 23, 2016, made before PPAT Noor Kholis Adam, SH., MH; Property Ownership Deed of Credit Agreement (KPP) No. 872 / MRG / V / 16 dated May 23, 2016; Property Title Deed of Credit Agreement (KPP) No. 873 / MRG / V / 16 dated May 23, 2016; Power of Attorney Imposing Mortgage No. 203/2016 dated May 23, 2016 of Notary PPAT Noor Kholis Adam, SH., MH .; Power of Attorney to charge Encumbrance No. 256/2016 dated June 22, 2016, made before PPAT Noor Kholis Adam, SH., MH. Granting Mortgage Deed No. 301/2016 dated July 21, 2016, made before PPAT Noor Kholis Adam, SH., MH .; Owned right certificate No. 3747/Pondok Pinang Size 310 M.2, Pictures Situation No. 1242/1994 dated February 24, 1994 on behalf of Andrie Widjaya burdened security rights to Standard Chartered Bank.Keywords: Judge's Decision; Torts; Notary.

Juridical Review On Process Loading Liability Rights To Land That Has Not Registered In The District Of Semarang

This study aims to analyze the process of Encumbrances On land that has not been registered in the District of Semarang, Barriers which appeared in the Proceedings Encumbrances On Land Not Yet Enrolled in the District of Semarang and solutions to overcome barriers Appears In The Process Encumbrances On Land Not Yet registered in the District of Semarang.This study uses empirical juridical approach, the approach to reviewing the legislation relating to the issues to be discussed, and also conducted a field approach to obtain information as supporting material. Specifications of this research is descriptive analysis that describes the laws that apply associated with legal theories and practice of positive law concerning these issues.Based on the research results that the implementation of Encumbrances against certified land not yet in practice never done bank by making APHT directly against yangbelum certified lands. Bank in this case was limited to making SKMHT only. Obstacles that arise in the process of loading encumbrance on land that has not been registered in the District of Semarang is when the giver of mortgage has died, a typing error and the installation of the second rank security rights. The solution is under hand sales, writing and checking certificates rectification katas ha of new land.Keywords: Land Registry; Loading Liability Rights, Land That Has Not Registered

Tipping the Scales for Labour in Ireland? Collective Bargaining and the Industrial Relations (Amendment) Act 2015

Abstract Trade union density in Ireland has followed a similar pattern of decline to that of other Anglo-Saxon economies in recent decades. However, two factors make Ireland distinctive within this classification of countries, firstly the system of national social partnership that prevailed from 1987 to 2008, and secondly, the absence of a statutory route to union recognition. In this paper, we examine the extent to which a new piece of legislation, the Industrial Relations Amendment Act 2015, provides unions with a route to securing bargaining rights for workers and extends collective bargaining rights generally. We conclude that the Act represents a missed opportunity to offer mechanisms to secure rights for unions and their members capable of delivering collective bargaining to the non-union sector. We situate the paper within debates concerning the role of labour law in supporting workers rights to collective bargaining.

Понятійно-категоріальний апарат права постійного користування земельними ділянками

The purpose. To formulate conceptual-categorial apparatus of a component of state and municipal property on land — the rights of fixed use in view of bunch of rights of elements of economic, ecological and legal relations. Methods. Monographic, analytical, dialectic. Results. Ukrainian legislation does not completely takes into account modern reaching in economic theory regarding specification of property rights not only under the content (bunch or a part of rights of use, instead of the rights to a thing), but also under the form. Article 317 gives the content of property rights in certain limits of property rights in the certain limits of rights of possession, use and settlement of property. On the basis of analysis of institutional security of right of fixed use conceptual-categorial apparatus is developed of right of fixed use of land plots, built on a bunch of rights with certain competences in: possession; use; control; right to profit; safety, including ecological; right to transfer land area to assignees of property; indefiniteness which means absence of temporary boundaries in realization of legitimacy of «rights of fixed use»; right on balance, that is compulsion of retrace of the transmitted legitimacy on land balance depot stock in case of public necessity; exclusion on harmful use. Conclusions. Definition and expansion of components of conceptual-categorial apparatus «rights of fixed use of land» as not the full property as an asset. Application of its basic components enables to improve normative-legal base, which regulates land relations, and to raise efficiency of use of land resources. Thus state will ensure protection of rights of all subjects of property right, social directedness of economy.