Statutory Norms Research Articles

Politik Hukum Sistem Pemilihan Umum Presiden dan Wakil Presiden dalam Perspektif Pancasila

The research objectives in this thesis are based on the two problem formulations raised, namely as follows: To find out and study the Presidential and Vice Presidential Election system based on Law Number 7 of 2017 concerning General Elections. To find out and study the Legal Politics of the President and Vice President in Indonesia based on Law Number 7 of 2017 concerning General Elections, viewed from the Pancasila Perspective. The research method used is normative juridical legal research. The results of the research and discussion are as follows: First, the direct and indirect Presidential election system emerged due to a misinterpretation of the 4th principle of Pancasila which reads "the people are led by wisdom in deliberation/representation". Second, the legal politics of a statutory norm fall into the category of open legal policy, so according to the Constitutional Court this norm is in an area of constitutional value with the 1945 Constitution. The concept of open legal policy itself was first used by the Constitutional Court. In its considerations, the Constitutional Court was of the opinion that such a policy choice is the right of the legislator and is protected by the constitution.

THE INDONESIAN ADVOCATES ASSOCIATION AS A CONSTITUTIONAL STATE ORGAN

This research aims to analyze PERADI's position in the Indonesian constitutional law system and discover PERADI's authority as a constitutional state organ. This research is qualitative research with a normative juridical approach and data analysis techniques using descriptive analysis. This research concluded that PERADI is a state organ, and PERADI is classified as an Auxiliary agent, which has a special position and authority in its function as a state org General Election Commissionan. Institutions or organs established by the state to implement statutory norms as regulated in the provisions of Article 7 of Law No. 12 of 2011 as amended by Law No. 15 of 2019 concerning Amendments to Laws Number 12 of 2011 concerning the Formation of Legislation is a state institution or state organ. In a modern legal state, the government promotes and organizes general welfare, which Lemaire calls bestuurszorg. This has implications for government work becoming more extensive. The Indonesian Advocates Association, better known by the abbreviation PERADI as an advocate organization that was born from Law No. 18 of 2003, is part of the government's role in improving the welfare of society in the field of law enforcement so that it can be said that Peradi is a state organ that carries out state functions.

IMPLEMENTASI KEBIJAKAN PERATURAN MENTERI AGAMA NOMOR 32 TAHUN 2020 TENTANG MA’HAD ALY: ANTARA HARAPAN DAN DILEMA

The enactment of Law Number 18 of 2019 concerning Islamic Boarding Schools, followed by Regulation of the Minister of Religion of the Republic of Indonesia Number 32 of 2020 concerning Ma'had Aly, should be a hope for organizers and managers of education in the Islamic boarding school environment. These hopes include funding support and certainty of Ma'had Aly graduates. In addition, there is a legal guarantee for fulfilling the right to obtain employment opportunities and continue studies to the next level of education. Providing guarantees of recognition, affirmation, and facilitation for Islamic boarding schools based on their traditions and characteristics is a sociological and philosophical consideration when forming Islamic boarding school laws. To date, this guarantee has not been fully realized. The hope of Islamic boarding schools is still accompanied by the dilemma of ensuring recognition from the government. The author is interested in uncovering what the managers of Ma'had Aly are worried about, especially after the implementation of PMA Number 32 of 2020 concerning Ma'had Aly. The researcher's focus is to describe the implementation of these regulatory policies. Because it concerns statutory norms, the method used in this research is normative juridical research, namely, literature study research, to examine PMA 32 of 2020. The aim is to describe the implementation of PMA 32 of 2020 for Islamic boarding schools that organize Ma'had Aly, the problems experienced by the management, and how the Ministry of Religion responds to the Islamic boarding school's hesitation in implementing recognition, affirmation and facilitation policies. As a result, there are still problems for the organizers of Ma'had Aly. The external quality assurance system through the community assembly has not shown its productivity. The government, in this case, the Ministry of Religion, needs to be encouraged to have the courage to take strategic policy steps as a concrete form of recognition, affirmation and facilitation of Ma'had Aly implementation policies. Apart from that, the government is also encouraged to form a directorate general of Islamic boarding schools to solve bureaucratic problems in Islamic boarding school services.

The Analysis of Problems Arising in the Exercise of the Right to Paternity in Family Law

Introduction: the global changes in the world erasing not only the patriarchal model of the family, but also the level of internal self-awareness and responsibility at the birth of a child in general, emphasize the need to consider the content of the models of the mother and father from a legal point of view, identifying not the socio-psychological root causes of this phenomenon in the modern world, but their consequence for the legal environment of the development of the institute of childhood. The statutory norms on paternity in modern law require detailed interpretation and improvement. Despite the equality of the rights of parents in parental legal relations, today there are separate differences in the legal status of the mother and father in the legislation. In this regard, the author set a goal: to analyze the problems that arise in the exercise of the right of paternity. Results: the peculiarities of the problem of establishing paternity, the peculiarities of the legal status of the father, including surrogacy, are studied. The problems of contesting paternity and determining the child’s place of residence and communication with parents are highlighted. Based on the analysis of the legislation, conclusions are drawn about the presence of certain elements of inequality in the legal status of the mother and father of the child. Most provisions curtail the rights of fathers. According to the results of the study, it is found that further improvement of the family legislation should be systematically aimed at eliminating the inequality of parental legal relations between the mother and the father of the child.

Identification and evaluation of challenges in commercial vehicle transport business in India post-implementation of BS-VI emission norms

Commercial vehicles are an indispensable part of logistics and public transport in India. It is a major source of greenhouse gas emissions too. Several countries across the world have implemented stringent statutory norms for vehicular emissions that all the automobile OEMs (original equipment manufacturers) have to adhere to while designing, producing, and after-sales the vehicle. India has also mandated BS-VI (Bharat Stage- Six) emissions norms from April 2020. Though the motive of the implementation is commendable and will prove good to society at large in the years to come, its implementation of it has created enormous challenges for OEMs and users, particularly commercial vehicles. There are several reasons attributed to it. This paper is an attempt to identify and evaluate the challenges in the commercial vehicle transport business after the implementation of BS-VI emission norms. Various challenges are identified through literature and interactions with experts and users. The challenges are then ranked according to their significance using AHP (Analytic Hierarchy Process). The challenges are then grouped into cause-and-effect categories using DEMATEL (Decision making trial and evaluation laboratory). The outcomes of the analysis would help OEMs, policymakers, and automobile users to take appropriate decisions and corrective actions for overcoming especially the maintenance and human related challenges.

Impact of a Crisis on Waste Management Policy Adherence And Practices - A Narrative Review of Bio-Medical Waste Management During the Covid-19 Pandemic

As the greatest threat to humanity since the Black Death of 1929, the COVID-19 pandemic is believed to be the worst and most terrible world-wide health catastrophe of the century. This pandemic has significantly altered the demographics, and ordinary economic activity ceased to save human lives. Although the limited economy has helped to create an environmentally friendly atmosphere, it additionally brought about a significant problem with biomedical waste. This review paper covers the various steps, initiatives, methods, and techniques to degrade biomedical waste(BMW) from hospitals, clinics, production units, workplaces, homes, and laboratories due to the COVID-19 pandemic. The aim of the narrative review was to identify how the crisis impacted existing practices of biomedical waste management and adherence to overarching policy frameworks, along with the changes that were initiated in the same. We have reviewed a range of statutory norms, techniques, and methods used to dispose of biomedical waste appropriately during the pandemic. A big challenge to the world today is to dispose of them properly, without promulgating the infection in the immediate and larger environment. The results of the review show that there were definitive changes in the way BMW management practices were followed before and after the pandemic, along with overarching changes in statutory regulations and policy frameworks around these practices. The study also puts forth reasoning behind these changes and recommends a direction and context for the same in order to help prepare for another crisis while reducing the environmental impact of BMW.

Assessing project complexity factors for railway megaprojects: a Delphi-BWM approach

Purpose Project complexity (PC) governs project success, but the project management literature primarily focuses on performance measures and rarely examines the complexity factors, especially for megaprojects. This paper aims to determine the most significant complexity factors for the railway megaprojects in India. Design/methodology/approach A mixed approach using the Delphi and best–worst method (BWM) helped to identify, validate and determine the most critical factors that require intervention to diminish variance from project performance. Findings The BWM resulted in stakeholder management, followed by organizational and technological complexity as significant complexity factors, and the varied interests of the stakeholder as the most important among the 40 subfactors. Practical implications The finding indicates the necessity for strategic, tactical and operational-level interventions to effectively manage the complexity affecting project efficiency because of the varied stakeholders. This paper will guide the project and general managers to prioritize their resources to handle complexity for effective project performance measured in terms of time, cost and quality and help them make strategic decisions. The research findings of this study are expected to help researchers and practitioners in better planning and smoother execution of projects. In addition, this study would help the researchers formulate policies and strategies for better handling of the projects. Originality/value This study adds significant value to the body of knowledge related to PC in megaprojects in developing countries. The result of the investigation underlined that nine complexity factors and seven unique subfactors, namely, the sustainable environment, timely availability of information, communication in both directions, interdepartmental dependency and coordination, design, statutory norms, site challenges, socioeconomic conditions, the tendency of staff to accept new technology and the frequent changes in the requirements of stakeholders are significant in railway megaprojects. The BWM is applied to rank the complexity factors and subfactors in the case area.

Primjena Ustava od strane (hrvatskih) redovnih sudova

The paper deals with the “application of the Constitutionˮ by ordinary courts. On the basis of literature review and preliminary Croatian case law research, six paradigmatic cases of the application of the Constitution by ordinary courts were selected (facts of the case directly regulated by constitutional rules, statutory gaps, avoidable in abstracto antinomies between constitutional and statutory norms, avoidable in concreto antinomies between constitutional and statutory norms, unconstitutionality of individual judicial and administrative decisions, and unavoidable in abstracto antinomies between constitutional and statutory norms). The cases selected were analyzed by using the method of argumentative analysis of judicial reasoning, within the framework of internal and external schemes of justification of judicial decisions, in examples (by and large) designed on the basis of Croatian case law.

Analysis of the Effectiveness of Tax Amnesty Policy Implementation According to Law Number 11 Year 2016

Tax amnesty is a tax write-off that is actually owed without being subject to tax administrative sanctions or criminal sanctions in the field of taxation. Based on Law Number 11 of 2016, tax amnesty is the elimination of taxes that should be owed, not subject to tax administrative sanctions and criminal sanctions in the field of taxation, by declaring assets and paying ransom. The research method used is normative juridical research. The data in this research emphasizes statutory norms that are relevant to the problems of this research. The results of this study indicate that the non-compliance of tax coverage in paying taxes does not escape the sense of public trust in the government. The author argues that the government must be able to be more solutive to increase public tax payments from year to year, where the success of tax payments can effectively accelerate national development by considering the mandate of Pancasila related to social justice for all Indonesian people.

Hermeneutic Triangle and Features of Using Its Methodology in Legal Interpretation

The article reflects on hermeneutic triangle as the special hermeneutical concept, exploring the possibilities and specifics of its application with a focus on the correlation between the author of the text, the text itself, and its interpreter, aiming to provide further insight into the interpretation of legal texts as one of the oldest jurisprudential problems, and the level of skills in applying this art heavily influences a lawyer’s professional qualities.In this regard, the article challenges some of the most widely spread legal approaches to the interpretation of the aim of statutory texts interpretation, specifically – determining the legislator’s (norm creator’s) authority; its aims; determining ‘the objective essence,’ or in other words, ‘the true sense’ of statutory norms.The article addresses a fundamental and most complicated question arising in the application of the hermeneutic triangle during statutory interpretation. Specifically, it delves into the role of interpreter (particularly the judge) within this triangle. It questions whether the interpreter has to determine the will of the statutory text author – the legislator, his/her aims, objective (true) essence (content) of the interpreted statutory norm, i.e. his/her role as the consumer or active creator co-author of the statute without altering its text. Grounding its findings on hermeneutics scholars and interpretation practice, the article stipulates that statutory text interpretation cannot exist independently of the will of the legal interpreter without regard to a specific historical situation that the interpretation takes place in. The interpretation is always connected to the actualization of statutory texts, their adaptation to the place, time, and exact situation under review by the court or any other institution applying the norm. This, however, does not deny that either of the statutory provisions may be understood better with regard to its origins by applying historical and teleological interpretation. Practical examples provided in the article only serve to emphasize that the above mentioned interpretive methods should not be overestimated while statutory provisions do not often provide insight to legislator’s will, and even in cases when they do, they may not mostly be applied the way the legislator has originally proposed.Therefore, primary emphasis is placed on difficulties of statutory text interpretation with the aid of the hermeneutical triangle technology application. An additional focus is made on the general methodological approach highlighted before by F. Schleiermacher where the interpreter may understand the interpreted text better than its author and by G. Radbruch that the statute may be more prudent than its author(s). However, in order to perform the interpretation in such a way, lawyer and interpreter needs to have the skills of analyzing both the text of the statute but also the context where the statute exists including the whole set of legal and colloquial issues the interpreter is confronted with in the process of interpretation. Legal interpretation of statutory norms reveal greatly interpreters’ creativity, i.e. their ability to deviate from the set thinking stereotypes, to approach the issues from non-standard point of view, and to solve those with the help of a non-standard way within the requirements of the rule of law. It is highly important to develop a non-positivistic approach being the major reason for improving lawyers’ professional skills where creativity plays a vital role.

Manager’s perspective on workers’ participation in management: a scenario-based study on Indian organizations

PurposeThis paper aims to gain insight into managers' perspectives on the concept and practice of workers' participation in management (WPM) in Indian organizations. WPM is a critical ingredient in organizational effectiveness. However, the most fundamental aspects of WPM, such as the attitudes, expectations of managers and the factors facilitating or hindering the participation process, are less explored. This paper attempts to answer those questions concerning WPM in the context of Indian organizations.Design/methodology/approachThe study uses data from 138 managers of Indian public and private sector organizations. Data were collected through an online survey as well as through semi-structured interviews. The study explores potential benefits, roadblocks and supporters from the managers' perspective. Further, to test the hypothesis, the author used multiple regression analysis.FindingsThe paper demonstrates managers' perception of workers' participation at the board level as the most beneficial and supportive compared to joint consultation and joint decision-making; however, at the same time, it is the one having the most roadblocks in the present Indian Labour laws. Workers, unions and managers' lack of legislative support and intention fuel the fire. The study also found that implementation of WPM is primarily based on statutory norms, and public sector managers are more willing to take the workers on board than managers of private sector organizations.Practical implicationsThis research is of practical significance as it extracts new visions for policymakers in India already planning to implement four new labor codes, namely, wages, industrial relations, social security and occupational safety, health and working conditions. The data from the study will facilitate the Indian labor ministry to lay down policy decisions concerning WPM. Further, the government can acclimatize this analysis to plug the ambiguities in the present WPM system.Originality/valueTo the best of the author’s knowledge, this is the first study to give insights into the manager's perspective regarding the WPM using a scenario-based approach. In addition, this paper offers valuable suggestions for policymakers to restructure and streamline the country's existing and overlapping labor laws.

Dattopant Thengadi National Board for Workers Education and Development (DTNBWED): a need for re-organisation

Research methodology The students should go through the concepts of motivation, leadership, organisational communication, organisational culture, organisational conflict, power and politics and organisational change and development from their course on organisational behaviour. In Business Communication, the students could review effective communication skills, the process of communication and barriers to communication to prescribe suitable recommendations for the organisation. In Financial Accounting, the reader should revise the income statement and balance sheet. They can undertake financial analysis on the data presented in the case to analyse the performance of the organisation. The participants may be asked to identify future possible financial risks that may arise. Case overview/synopsis The Dattopant Thengadi National Board for Workers Education and Development (DTNBWED) was an autonomous body under the Ministry of Labour and Employment, Government of India. It had been responsible for creating a disciplined and skill-oriented workforce for the organised, unorganised and rural sectors in India. In the past, DTNBWED undertook training programmes to educate and improve the quality of life of workers. However, the objectives were far from being fulfilled because of challenges such as an acute shortage of education officers, a slow recruitment process, communication issues between the ministry and the DTNBWED and a large part of the budget being spent on salaries. The main challenges faced by DTNBWED were the implementation of the 7th Pay Commission and the higher contribution of the Government under a new pension scheme. The DTNBWED faced audit issues, including the absence of an inventory register, non-compliance with accounting rules and statutory norms and inadequate internal audit. The DTNBWED could not shift its headquarters from Nagpur to Delhi because of office politics and differences between the staff and the ministry. The organisation needed a complete reorganisation using principles of change management and agile management. It was recommended that departmental promotion committees review promotions immediately; recruitment of education officers should be done along with post-revival with the Ministry of Finance; rental of offices should be from Government departments only; and the administrative manual and recruitment rules should be revised. These measures would help to overcome the challenges faced by DTNBWED, such as low expenditure on training, poor communication between the ministry and headquarters, vacant top-level posts and low motivation levels among existing officers. Complexity academic level The case is appropriate for MBA students, executive MBAs, and those working in government organisations. Peer review The peer review history for this article is available at: https://publons.com/publon/10.1108/TCJ-04-2021-0056/

MODELS OF CASCADE APPLICATION OF STATUTORY NORMS IN POLISH INDIVIDUAL LABOUR LAW

The cascade application of statutory regulations in individual labour law consists in the subsidiary application of increasingly general statutory norms in order to define the legal status of the subjects of the individual employment relationship. In practice, in its widest understanding, it is applicable in official labour law. In the general employment relationship this mechanism consists in the subsidiary application of the Civil Code to the individual employment relationship.

ZNACZENIE DOROBKU WACŁAWA DAWIDOWICZA DLA WSPÓŁCZESNEJ ADMINISTRACJI PUBLICZNEJ

The subject of the study are the author’s conclusions in the context of the assessment of the scientific achievements of Wacław Dawidowicz, juxtaposed with the achievements of modern administrative law, as illustrated by selected examples. In the author’s opinion, they justify conducting comprehensive research on contemporary administrative law, taking into account systemic and structural changes in public administration and its tasks. There is a noticeable need to verify the current scientific achievements within the entire branch of administrative law, or even more broadly – in the context of all legal norms used today to fulfil public tasks. This seems necessary from the perspective Dawidowicz never forgot about, even speaking of the need to restrain the administration from appropriating most of the spheres of social relations. The point, therefore, is to verify whether there are still effective legal instruments to control the surrender to the administration of the possibility to decide on the criteria of disposing of public funds outside the system of statutory norms. Is it possible to effectively verify the legality of allowing the administration to choose legal forms of action in such a way that there is no possibility of an instance-based and judicial review of the legality of those actions. Finally, a negative answer to the above doubts doesn’t lead to a complete negation of the assumptions of the tripartite division of powers and a democratic state of law implementing the principles of social justice.

Patriarchal Culture, Sexual Violence, and Legal Protection for Women in Indonesia

Patriarchal culture cannot be separated from women's lives. Male domination over women has become a daily reality in many countries. Patriarchal culture assumes that women are "objects" and men are humans. In this case, men become subjects, and women as objects are regulated by men in various lines of life and culture. The impact of patriarchal culture is to place women who experience sexual violence in a worse position. At the level of the construction of a large Indonesian society that still uses a patriarchal paradigm, women are placed as second-class citizens. As a result, often the statements and reports from women are not heard. A further implication for women victims of sexual violence is that they are re-victimized by society, considered as the party that caused the violence. This article will raise two legal issues related to legal theory and law. The first legal issue in this paper is related to feminist legal theory based on the feminist view that in history, law is to perpetuate the position of women under the subordination of men. After discussing feminist legal theory, the author will discuss the second issue, namely law related to law enforcement in the field of sexual violence and its relation to feminist legal theory. Feminist legal theory is needed in building the basis of statutory norms (legal dogmatics) and the justice system to eliminate all forms of violence, especially sexual violence.

Access to public information regarding laboratory animals: law and ethics

Normative regulations concerning the use of animals in experiments and education raise numerous controversies and much social discussion. One of the aspects of implementing this form of social activity is the use of constitutional, subjective right of access to public information. Competent public administration authorities, and administrative courts encounter numerous difficulties related to requests for information. Attempts to assess, evaluate, and verify whether the applicants’ goals and intentions are consistent with the axiological premises of the statutory norms occur. The study reveals veterinary, legal, and moral aspects of requests for access to public information related to the use of animals in testing and teaching procedures. The controversial concept of abuse/misuse of the subjective right to access information is presented in a critical, multifaceted way. Obligations of professional ethics of veterinary surgeons concerning laboratory animals and public information related to them are discussed. The effectiveness and consistency of normative regulations are assessed. Interpretational postulates are indicated.

Rozporządzenie jako źródło procesowego prawa podatkowego

The purpose of this paper is to provide a detailed characterisation of a regulation as a source of procedural tax law. A statutory norm of competence may constitute the basis for the issuance of executive acts in the form of the regulations by public administration bodies. Such a normative act, which is not self-contained, serves to implement the law, and thus regulates matters covered by the statutory regulation, specifying the provisions of the authorising act. Ordinances governing procedural relations contain abstract and general norms, and, in exceptional cases, specific norms. They also define the procedural relations necessary for the implementation of the norms of substantive tax law. Regulations may develop in a more detailed and comprehensive manner the provisions of tax procedure contained in laws. Therefore, the provisions of the tax law contained in regulations may influence the shape of the tax proceedings. The provisions of the ordinances may cover individual procedural steps and systemic issues related to entities responsible for specific procedural activities.

Fraud Prevention Legal Certainty Principle In Health Sector and Implementation of Health Insurance Program in Indonesia

The Corruption Eradication Committee (KPK) says that high number of potential irregularities occurs most often in the health sector and in the implementation of the National health insurance program as obtained through efforts to prevent, coordinate, and synergize with relevant government agencies, such as the BPK, the BPKP, etc. It is important for early detection of fraud along with repressive actions and sanctions that need to be followed up if there is such a potential. The issues to be discussed here are How do the laws and regulations regulate fraud prevention in the health sector in Indonesia, What is the relationship between the statutory norms regarding Fraud Prevention and the Principle of Legal Certainty? This research method uses a normative juridical approach, and the specifications of the data used in this study are qualitative secondary data. The data collection method used is literature study. The conclusion, in the form of a provisional answer: if regulations are formed relating to fraud prevention in Indonesia referring to the 1945 Constitution of the Republic of Indonesia, where everyone is entitled and guaranteed by the constitution to maintain life and receive services maximally, then the principle of legal certainty is fulfilled.

Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects

Criminal investigation in India is premised on the adversarial system, which provides for investigative fact finding with complete police discretion in fact finding. Investigation to find out only inculpatory facts deviates from the requirement of fairness in executive procedure. The purpose of investigation is to find out the truth. Exculpatory facts are a part of that truth. Constraints placed upon the freedom of the arrestee during investigative incarceration curtail the ability to establish exculpatory facts. Fair investigative procedure ought to provide for statutory norms for bringing to the fore exculpatory facts. Incarceration-related duress leads at times to false confessions. This paper explores the legal, psychological, and sociological aspects of investigative incarceration, and the practical implications and limitations of processual justice in the adversarial investigative process with special reference to India. A survey of civilian experience of policing is made to understand the approach of the public towards policing as a service.

Indigenous Customary Law and Norwegian Domestic Law: Scenes of a (Complementary or Mutually Exclusive) Marriage?

Articles 27 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognise Indigenous Peoples’ laws. Art. 34 gives Indigenous Peoples the right to maintain their juridical systems or customs in accordance with international human rights standards. Although the UNDRIP is soft law, its core is arguably customary law and, therefore, a binding source of law. For States with Indigenous People, such as Norway, the UNDRIP is of paramount importance, from a legal, political, and not least moral perspective. This paper discusses norm hierarchies and tensions that are created in the meeting between the Indigenous customary law of the Sámi and statutory domestic Norwegian law. The introduction of customary, commonly unwritten, Indigenous rules into the judicial portfolio of a State creates an obvious challenge: what is their legal status? Can Indigenous law set aside domestic statutory norms? Some might argue that due to historical wrong, Indigenous law should always take precedence when domestic law conflicts with it. While Norwegian domestic law acknowledges the precedence of certain core human rights treaties over domestic laws, the same is not valid for Indigenous rights. How then should Indigenous custom be dealt with before a court of law, and how do the different legal systems relate to each other? This paper is foremost based on theoretical, to a lesser degree also on empirical material. It discusses on a general level the relationship between different legal systems within the same State and, on a specific level, the dealing of the Norwegian courts with Sámi Indigenous laws and customs.