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1
Saman, Faizal. "Debatable of Indonesian Citizens' Rights and Obligations Regarding the Covid-19 Vaccination Policy". Estudiante Law Journal 4, n.º 2 (23 de febrero de 2023): 309–21. http://dx.doi.org/10.33756/eslaj.v4i2.18179.
Resumen
The purpose of this study is to examine the rights and obligations of Indonesian citizens regarding vaccination. This research uses a type of normative legal research with a statute approach. Collect data by grouping and reviewing regulations, library materials, books, and other sources related to problems in this study. The results showed that polemics that led to pros and cons related to vaccination were caused by several factors such as vaccines being new, the safety of vaccines that cannot be passed, and the sanctions imposed on those who refuse vaccines. The pro-life community considers vaccination to be an obligation and the contras think that the imposition of vaccination is in line with the right to health. There are several variables for the reason for the vaccination policy to be implemented, namely the state in a state of emergency, namely in a pandemic crisis, and subsequently related to the human obligation to respect the human rights of others (the right to the health of others). Thus, the problem of legal certainty from the implementation of vaccination is an obligation of Indonesian citizens.
2
Popovych, Т. "Understanding of the obligation in natural law concepts of John Locke and Jan-Jak Russo". Uzhhorod National University Herald. Series: Law 2, n.º 77 (13 de julio de 2023): 315–19. http://dx.doi.org/10.24144/2307-3322.2023.77.2.54.
Resumen
The article is devoted to the analysis of the problems of obligations in the light of the natural legal concepts of John Locke and Jan-Jak Russo. Thus, within his theory of the social contract, John Locke notes about the natural state of people, from which the law of nature follows, is obligatory for everyone. Such the obligation comes from the human nature or from the harmony between natural law and the rational human nature. The reason for the formation of a civil society is to prevent a state of war, when force, not supported by law, is used contrary to natural law. Therefore, John Locke assigns obligations to the supreme authority, to which people entrusted a part of their freedom in order to fulfill the goals of the state - to ensure peace,security and welfare of the people.
Thus, John Locke mainly considers the obligation through the prism of laws - first of all natural (not to cause harm to others), and later also civil, which is established by the supreme authority. The individual in the state is entrusted with the obligation to carry out the prescriptions determined by the government, while the government is supposed to ensure peace, protect property, and justly resolve (through judicial institutions) disputes between citizens. In this way, the freedom of individuals is guaranteed by the state, because real freedom, according to the thinker, is possible only in a legal state.
On the example of the concept of Jan-Jak Russo’s social contract а certain feature can be traced. It is about a significant strengthening of the collective factor over the individual one, when a union of individuals who have mutual rights and obligations in relation to each other is formed in the manner of a corresponding contract. Obligation, therefore, is not only what binds a person, subjecting him to the supreme authority, but, above all, what serves as a factor of cooperation of people in a perfect union. Based on the concept of popular sovereignty, the principles of direct democracy, which the French thinker advocated, individuals should not just fulfill certain prescriptions, but also be called to be active participants in the state-legal reality, in particular, to participate in the creation of laws. Such laws, as the personification of the expressions of the general will, can ensure justice, equality and freedom of individuals.
3
Koraev, K. B. "Expediency of Consolidating Conditional Fulfillment of an Obligation in the Civil Code of the Russian Federation". Lex Russica 77, n.º 3 (27 de marzo de 2024): 9–21. http://dx.doi.org/10.17803/1729-5920.2024.208.3.009-021.
Resumen
A study of the institution of conditional performance of obligations has shown that, although in the legal systems of some States obligations are called conditional, we are talking about conditional transactions. Russia is the only state that, along with «conditional transactions,» has established «conditional obligations» in the meaning of the obligation consolidated in Article 307 of the Civil Code of the Russian Federation. The experience of using this approach has shown its inconsistency, since in practice situations arise that violate the balance of interests between the parties to the contract. For this reason, the Supreme Court of the Russian Federation was forced to cancel the effect of this norm, indicating that the occurrence of an obligation should be linked not to the fact of the occurrence of a condition, but to the expected date of its occurrence. After such an interpretation, the conditionality of the fulfillment of the obligation provided for in Article 327.1 of the Civil Code of the Russian Federation ceased to be conditional. An unconditional transaction is the cause (causa) of the obligation from the moment it is made. This means that suspension is unusual for an unconditional transaction. In contrast, a transaction with a suspensive condition acquires the properties of the cause (causa) only from the moment the condition occurs. Therefore, for such a transaction, the state of suspension is normal. Among other things, the author concludes that the current legal regulation of relations for the provision of paid services with the achievement of results is carried out using the norms of Article 327.1 of the Civil Code of the Russian Federation. It is difficult to agree with this approach, since failure to achieve the result of the service will mean that one party has fulfilled its obligations under a paid contract to perform certain actions or carry out certain activities (paragraph 1 of Article 779 of the Civil Code of the Russian Federation), and the other party is exempt from paying for it.
4
Deacon, Daniel. "Responding to Alternatives". Michigan Law Review, n.º 122.4 (2024): 671. http://dx.doi.org/10.36644/mlr.122.4.responding.
Resumen
This Article is the first to comprehensively analyze administrative agencies’ obligation to respond to alternatives to their chosen course of action. The obligation has been around at least since the Supreme Court’s decision in Motor Vehicle Manufacturers Ass’n of the United States, Inc. v. State Farm, and it has mattered in important cases. Most recently, the Supreme Court invoked the obligation as the primary ground on which to invalidate the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. The obligation to respond to alternatives is also frequently invoked in the lower courts and in the D.C. Circuit in particular. But courts lack a consistent framework for analyzing the obligation, providing agencies with little guidance regarding which alternatives require analysis as part of their decisionmaking process. And to the extent that the obligation allows courts a backdoor opportunity to flyspeck agencies’ policy analysis, it runs the risk of displacing agencies’ expert judgments for the courts’ own, often informed only by the parties’ briefing. This Article interrogates the obligation to respond to alternatives and proposes a more stable framework for its implementation. After rooting the obligation in agencies’ general obligation to give reasons for their actions and in the values associated with agency reason-giving, the Article turns to two questions. First, to which alternatives must agencies respond? And second, what counts as a response? In answering these questions, the Article draws on broader goals associated with administrative law, which include not only promoting the values associated with reason-giving but also respecting the need for agencies to perform their tasks effectively and within a relatively stable system of judicial review that recognizes their comparative expertise advantage over the courts. In addition, it seeks to develop a framework that fits with and helps to explain the results in most cases invoking the obligation to respond to alternatives. At the same time, the framework allows us to more clearly identify occasions where courts have reached incorrect results or been overbroad in their framing of the obligation to respond to alternatives.
5
Taufiqurrohman, Moch Marsa, Muhammad Toriq Fahri, Robi Kurnia Wijaya y I. Gede Putu Wiranata. "The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia". Jurnal Penelitian Hukum De Jure 21, n.º 4 (31 de diciembre de 2021): 473. http://dx.doi.org/10.30641/dejure.2021.v21.473-488.
Resumen
The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state’s responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state’s responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.
6
Engelhardt, H. Tristram. "MORAL OBLIGATION AFTER THE DEATH OF GOD: CRITICAL REFLECTIONS ON CONCERNS FROM IMMANUEL KANT, G. W. F. HEGEL, AND ELIZABETH ANSCOMBE". Social Philosophy and Policy 27, n.º 2 (16 de junio de 2010): 317–40. http://dx.doi.org/10.1017/s0265052509990252.
Resumen
AbstractOnce God is no longer recognized as the ground and the enforcer of morality, the character and force of morality undergoes a significant change, a point made by G.E.M. Anscombe in her observation that without God the significance of morality is changed, as the word criminal would be changed if there were no criminal law and criminal courts. There is no longer in principle a God's-eye perspective from which one can envisage setting moral pluralism aside. In addition, it becomes impossible to show that morality should always trump concerns of prudence, concerns for one's own non-moral interests and the interests of those to whom one is close. Immanuel Kant's attempt to maintain the unity of morality and the force of moral obligation by invoking the idea of God and the postulates of pure practical reason (i.e., God and immortality) are explored and assessed. Hegel's reconstruction of the status of moral obligation is also examined, given his attempt to eschew Kant's thing-in-itself, as well as Kant's at least possible transcendent God. Severed from any metaphysical anchor, morality gains a contingent content from socio-historical context and its enforcement from the state. Hegel's disengagement from a transcendent God marks a watershed in the place of God in philosophical reflections regarding the status of moral obligations on the European continent. Anscombe is vindicated. Absent the presence of God, there is an important change in the force of moral obligation.
7
Semeryanova, Nina, Artem Tsirin, Sergey Matulis y Ibragim Ibragim. "Problems of using certain unnamed ways to ensure fulfillment of obligations". E3S Web of Conferences 164 (2020): 11027. http://dx.doi.org/10.1051/e3sconf/202016411027.
Resumen
The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.
8
Thornton, Jennifer. "Remarks by Jennifer Thornton". Proceedings of the ASIL Annual Meeting 112 (2018): 63–65. http://dx.doi.org/10.1017/amp.2019.66.
Resumen
The United States and its TPP partners negotiated footnote 14 in the context of a larger effort to clarify the scope of key substantive obligations in the Agreement's investment chapter, with a view to better insulating legitimate public welfare measures from challenge before Investor-State Dispute Settlement (ISDS) tribunals constituted pursuant to its terms. While some TPP partners originally advocated for the inclusion of a “General Exceptions” article in the investment chapter along the lines of GATT Article XX, the TPP parties ultimately concluded that ISDS tribunals typically have accorded more deference to states when interpreting non-discrimination obligations in investment agreements than has the WTO Appellate Body when interpreting the GATT. For that reason, the TPP parties negotiated a footnote directing tribunals to consider the rationale behind a challenged measure when evaluating whether it breaches a non-discrimination obligation, thus signaling that distinctions in treatment to achieve legitimate public welfare objectives may be permissible under the chapter in certain circumstances.
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Vizdoaga, Tatiana y Iulia Bria. "Presumption of innocence in the doctrinal and regulatory sources of Western Europe (XIX-XX centuries)". Journal of the National Institute of Justice, n.º 4(67) (febrero de 2024): 8–14. http://dx.doi.org/10.52277/1857-2405.2023.4(67).01.
Resumen
The supreme value in a state is man, his rights and freedoms, and the recognition, respect and defense of these rights and freedoms is the basic obligation of the state. The criminal trial represents that field of activity where the issues related to the defense of human rights and freedoms are of special relevance. For this reason, it is of particular importance to study the historical evolution of the means by which the legislator ensures the fulfillment of this constitutional obligation by the state. Medieval criminal procedure regulations regarding the presumption of guilt have been harshly criticized by scientists. However, the most important event that contributed to its emergence in most criminal procedure legislations of several states on the European continent was the Great French Revolution. Its importance was felt far beyond the borders of France, exerting an enormous influence on the political and legal system of several states.
10
Vernon, Richard. "States of Risk: Should Cosmopolitans Favor Their Compatriots?" Ethics & International Affairs 21, n.º 4 (2007): 451–69. http://dx.doi.org/10.1111/j.1747-7093.2007.00118.x.
Resumen
Recent cosmopolitan thinking attempts to find a place for local (including national) attachment, but all of the proposals offered have been exposed to telling critique. There are objections to the claim that local obligations are only instances of cosmopolitan duty, and to the claim that we can give a moral justification to national societies as networks of mutual benefit. This article argues that it is not mutual benefit but mutual risk that grounds compatriot preference. While exposure to coercion as such does not track national boundaries, exposure to the risks of state abuse, political choice, and social conformity provide us with a reason to take our compatriots' interests seriously. The same argument, however, displays the limits of this reasoning, and also grounds a demanding obligation to aid other societies.
11
Bugarski, Tatjana y Milana Pisarić. "Data eetention in CJEU Case Law". Zbornik radova Pravnog fakulteta, Novi Sad 54, n.º 4 (2020): 1231–52. http://dx.doi.org/10.5937/zrpfns54-29964.
Resumen
Possession of accurate, complete and reliable relevant data on electronic communications traffic and timely access of authorized competent state bodies to such data is without a doubt a useful tool in the fight against modern forms of crime. For that reason, it is justified to establish an obligation for providers of electronic communications services to keep certain data on communications for a certain period of time in the realization of which they mediate and to hand over that data at the request of authorized state bodies, in order to use them for legitimate purposes. For this reason, the Data Retention Directive was adopted in 2006, which Member States were required to transpose into national law. However, data retention poses a risk to basic human rights and freedoms, if the regulation establishing this obligation does so without respecting the essence of these rights and freedoms, especially the right to privacy and rights related to the processing of personal data, for which reason the Court of Justice of the European Union declared the Directive invalid is 2014. Despite this decision, Member States continue to regulate the obligation to retain data in their national regulations. In this regard, the question of compliance of these regulations with the fundamental rights and freedoms and principles of the Union is raised. The subject of the paper is the analysis of the case law of the Court of Justice of the EU on this issue after the annulment of the Data Retention Directive.
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Wolffenbüttel, Cristina Rolim, Romeu Riffatti y Guilherme Da Silva Ramos. "The State of the Art in Music Education Research in Brazil". International Journal of Social Science Studies 8, n.º 1 (27 de noviembre de 2019): 18. http://dx.doi.org/10.11114/ijsss.v8i1.4626.
Resumen
This article presents the results of research that aimed to map the scientific production in Music Education in the last twelve years. The reason for this dating lies on the fact that in 2006 a process was started for the insertion of music in schools, through Bill No. 330, culminating in Law No. 11.769/2008, which provides for the obligation of music teaching in basic education. Subsequently, Resolution No. 2 consolidated this obligation. From then on, there was an increase in scientific production in Music Education in Brazil. Thus, this research came from the questions: What subjects have been investigated in Music Education in Brazil in the last twelve years? What methodologies were used in these surveys? What are the theoretical references that underlie these investigations? What is the impact of these research studies on the Brazilian scientific scenario? Based on these questions, this research aimed to investigate the state of the art of musical education in Brazil in the last twelve years. The methodological design of the research was developed from data collection via the Internet, and data analysis was based on the use of content analysis. Among the results, it was observed that the themes of research in Music Education have been diversified, presenting a strong relationship with the political and educational issues involved and which underlie the pedagogical-musical work.
13
Bardon, Aurélia. "The Pope’s Public Reason". Migration and Society 4, n.º 1 (1 de junio de 2021): 137–48. http://dx.doi.org/10.3167/arms.2021.040113.
Resumen
Since the beginning of Europe’s “refugee crisis,” Pope Francis has repeatedly argued that we should welcome refugees. This, he said, is an obligation for Christians who have “a duty of justice, of civility, and of solidarity.” This religious justification is a problem for liberal political philosophers who are committed to the idea of public reason: state action, they argue, must be justified to all citizens based on public, generally accessible reasons. In this article, I argue that the claim that liberal public reason fully excludes religion from the public sphere is misguided; not all religious reasons are incompatible with the demands of Rawlsian public reason. Understanding how a religious reason can be public requires looking into both what makes a reason religious and what makes a reason public. I show that the pope’s reason supporting the claim that we should welcome refugees is both religious and public.
14
Daraganova, N. V. "Ensuring freedom of entrepreneurial activity: the obligation of the state and legal positions of the court". Analytical and Comparative Jurisprudence, n.º 4 (14 de septiembre de 2023): 257–61. http://dx.doi.org/10.24144/2788-6018.2023.04.42.
Resumen
The article analyzes the practice of courts of administrative justice in the context of the analysis of their legal positions, addressed to the state’s obligation to ensure guaranteed protection of the constitutional right of a person to entrepreneurial activity, which is not prohibited by law.It has been established that the root cause of the emergence of a number of disputes in the field of entrepreneurship is mostly not legislative gaps or inadequate quality and clarity of laws, but their incorrect enforcement, which is connected with the tendency of each party (controlling body and subject of entrepreneurial activity) to interpret these norms in their own way benefit.It was found that the administrative courts, which were created and operate to protect the rights, freedoms and interests of individuals in the field of public-law relations, formed a system of legal positions aimed at ensuring the freedom of entrepreneurship in Ukraine. It has been investigated that such legal positions are: the inadmissibility of inspections of business entities based on anonymous and other groundless statements; the reason for conducting an inspection visit should not be an appeal by any physical person, but only by a person in respect of whom labor legislation has been violated, which has caused damage to his rights, legitimate interests, life or health, the surrounding natural environment or the security of the state; the body of state supervision (control) within the limits of its powers during the implementation of state supervision (control) has the right to receive relevant and appropriate explanations, certificates, documents, materials, information on issues arising during state supervision (control); during the implementation of state supervision (control), the business entity is obliged to provide documents, samples of products, explanations in the amount that it considers necessary, which gives it a certain «margin» to exercise its own discretion in the aspect of making certain decisions, actions; advertising deception of the consumer is a type of leveling of the principle of freedom of entrepreneurial activity; the subject of the inspector’s unscheduled control can be only those issues that became the legal basis for its conduct, which correspond to the requirements and conditions of freedom of entrepreneurial activity in the state, not prohibited by law.
15
PROKOPOWICZ, ALEKSANDRA. "THE ISSUE OF ACCEPTING A REPORT OF A CRIME FROM A PERSON UNDER THE INFLUENCE OF ALCOHOL OR SIMILAR SUBSTANCES WITH RESPECT TO THE PROPER PERFORMANCE OF THE POLICE OFFICER’S DUTIES". PRZEGLĄD POLICYJNY 138, n.º 2 (28 de agosto de 2020): 291–90. http://dx.doi.org/10.5604/01.3001.0014.3686.
Resumen
eporting a crime is a mutual obligation imposed by law and special regulations on both the sender and the recipient of the infor-mation. The obligation of both parties, i.e. the reporter and the reportee, to act synergistically is aimed at eliminating the risk of inaction of law enforce-ment agencies or some kind of social consent to break the law. It is notewor-thy that the person reporting a crime is not obliged to check the accuracy of the information, as this information does not have to be objectively true, although it should be factually correct. However, there are some concerns about accepting a report of a crime and the interrogation of the reporter as a witness in a situation where a police offi cer has a justifi ed suspicion that the reporter is under the infl uence of alcohol, intoxicants, or psychotropic or psychoactive drugs. In such a situation, is it necessary to verify the state of sobriety, and is there any legal basis at all for checking the state of sobriety of such a person? Can such a person be instructed about his/her rights and obligations, and what is the responsibility of such a person in accordanc with Article 233 § 1, Article 233 § 1a and Articles 234 and 238 of the Polish Criminal Code, Act of 6 June 1997? At the beginning, it is worth noting that there is an inconsistency in the position of the judicature and the doctrine on the issue of interrogating people who are in a state of intoxication. The reason for the above should be found in the fact that the legislator did not make a fi rm decision on the admissibility of an interrogation of a person who is intoxicated or under the infl uence of another similarly acting substance by a procedural authority.The aim of this article is to fi nd the answer to the aforementioned questions and to discuss the issue of the adoption of a notifi cation of a crime with respect to the proper performance of the duties by a police officer.
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Gilmutdinova, Alina F. "TAX CRIMES: TIME LIMITS OF THE STAGE OF INITIATION OF CRIMINAL PROCEEDINGS". LEGAL ORDER: History, Theory, Practice 38, n.º 3 (17 de noviembre de 2023): 157–62. http://dx.doi.org/10.47475/2311-696x-2023-38-3-157-162.
Resumen
The problem of legislatively defining the boundaries of the permissible restriction of the rights of entrepreneurs in the interests of detecting persons who evade the constitutional obligation to pay taxes (Article 57 of the Constitution of the Russian Federation) is being investigated. The forms of detection of tax offenses (avoidance of the constitutional obligation to pay taxes) are analyzed: tax control, operational-search activity, criminal procedural activity. Solved problem. It is proved that most often the violation of the rights of entrepreneurs is committed by operational units. The reasons for this situation are determined. It is proved that the main reason is the lack of the proper level of knowledge. Research methods. Within the framework of an integrated approach, a system-functional and system-target analysis of the activities of state bodies to detect tax evaders is used. The methods of comparative legal and legal and technical analysis of the legal regulation of this activity are applied. Conclusion. The conclusion is formulated about the great coincidence of legal requirements for the conduct of investigative actions and the use of tax procedural means to identify facts of tax evasion. The unacceptability of procedural means of identifying signs of tax crimes by means established for the stage of initiating a criminal case is proved.
17
Sofio Paliani, Sofio Paliani. "Protection of Taxpayers' Rights Legal Guarantees". Economics 105, n.º 4-5 (8 de mayo de 2022): 90–100. http://dx.doi.org/10.36962/ecs105/4-5/2022-90.
Resumen
The Constitution is the main source of tax law; the constitutional norms define the basis of the financial-legal policy of the state, including the regulation of tax policy. Taxes are the important means of implementing financial and legal policy by the state. The fulfillment of the obligation by individuals and legal entities to pay the taxes established by the Constitution ensures the formation of the budget of all levels in the state. That is why this constitutional obligation has a special, public-legal significance, which is conditioned by the public-legal nature of the state government. The taxpayer must fulfill the obligation imposed on him to pay taxes; otherwise the rights of other persons will be violated, as well as the interests of the state, which will be reflected in the delay in the performance of the functions and tasks imposed by law. The ombudsman institution is very old, but in a modern sense Sweden was first who formed it in the early nineteenth century. According to the Tax Code of Georgia, the tax ombudsman supervises the protection of the rights and legitimate interests of taxpayers on the territory of Georgia, reveals the facts of their violation, and promotes the restoration of violated rights. The tax ombudsman reviews the applications and complaints of individuals related to the facts of violation of the rights of taxpayers by the tax and other state bodies. The main purpose of the Institute of Tax Secrets is to protect the rights and legitimate interests of taxpayers, who are obliged to submit to the tax authority’s information on the correct, timely and complete payment of taxes. The main purpose of tax amnesty is to increase government revenues. It offers disobedient taxpayers the opportunity to return hidden taxes to the budget on the condition that they do not face sanctions and fines. "Amnesty" means "forgiveness" to some extent. Amnesty reduces or abolishes tax or criminal sanctions for non-payment of taxes. Amnesty is very important in Georgia, as the Tax Code in force from 1996 to 2004 provided for 22 types of taxes. Consequently, the tax burden on the taxpayer was enormous. They tried to hide the tax to save their own business. But the main reason for this was the wrong tax policy pursued by the state. Added to this was the corruption that had taken the form of state racketeering. Therefore, the subsequent amnesties were the means of correcting the mistakes made by the state in previous years. Keywords: Constitution, tax, law, code, ombudsman, tax agent, court.
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Khon Seul, Khon Seul. "VACCINATION AGAINST COVID-19 IN KAZAKHSTAN: RIGHT OR OBLIGATION?" Administrative law and process, n.º 2(37) (2022): 86–101. http://dx.doi.org/10.17721/2227-796x.2022.2.07.
Resumen
This article touches upon the issues of conducting a vaccination campaign against COVID-19 within the Republic of Kazakhstan, as well as the relationship of rights and obligations arising in this regard. Goal. The article aims at analyzing the provisions of the national legislation of the Republic of Kazakhstan, as well as the norms of international human rights law related to vaccination issues. The author analyzes the problem of vaccination from the point of view of its legal obligation and possible legal consequences in case of refusal to receive the vaccine. The analysis is carried out through the prism of a number of rights and freedoms, and applicable criteria for their restriction. Methods. A number of methods were used in the course of the study. The formal legal method is applied within the framework of the analysis of relevant legal norms (the right to life, the right to privacy, the right to health). The study also uses a deductive method, a statistical method (within the framework of using a summary of data on the incidence and spread of COVID-19, as well as vaccination rates), a method of studying and summarizing of the information. Results. Over the course of study, it was found that conducting a general campaign to immunize the population of Kazakhstan from COVID-19 was a timely step in the fight against coronavirus infection. Absence of evidence about the possible negative impact of the vaccines on human health, as well as the need to take the necessary measures to ensure the protection of human life and health and, as a result, the ability to enjoy rights and freedoms, prompted the state to carry out vaccination among the population. In addition, as shown in the study, a number of vaccines from different manufacturers were presented to the population of Kazakhstan, which contributed to its free choice. Conclusions. Based on the analysis of legal information, it was concluded that the issue of obtaining a vaccine should be resolved directly by the person who receives it. Coercion in this light does not seem to correspond to the norms of human rights law. Mandatory vaccination in Kazakhstan was legal since it was based on relevant legal norms. At the same time, a person who refuses to receive a vaccine for one reason or another should be prepared for the possible restrictions of his individual rights and freedoms in order to preserve the life and health of others as well as reduce the spread of the disease.
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Utama, Agung, Tony Wijaya, Winarno Winarno y Rullyana Puspitaningrum Mamengko. "Upscaling Kemampuan Siswa/i untuk Menjadi Wirausahawan Sukses di Era Digital". Empowerment: Jurnal Pengabdian Masyarakat 1, n.º 6 (12 de noviembre de 2022): 829–39. http://dx.doi.org/10.55983/empjcs.v1i6.305.
Resumen
The facts show that currently the ratio of acceptance of vocational graduates in the industry is still quite low. This is due to the large gap between the skills taught in university and the needs of the industry. For this reason, the Directorate General of Higher Education is promoting the Vocational High School Revitalization program. Yogyakarta State University which has the obligation to organize Community Service as one of the Tri Dharma College welcomes the program and cooperates with SMK Negeri 4 Yogyakarta. The focus of this service is to improve the skills of students at SMK Negeri 4 Yogyakarta to become entrepreneurs in the digitalization era. For this reason, the author provides training on Positive Mental in Entrepreneurship, Basic Business Marketing, Basic Business Finance, and Content Marketing. The stages of this service activity are carried out through four stages, namely the collaboration stage, the preparation stage, the training implementation stage, and the activity evaluation stage. Evaluation is carried out in two ways, namely (1) evaluation of activities, this is when training activities are carried out; and (2) final evaluation, this is at the end of program implementation.
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Gopichand, Muvvala, Sampath Kumar y A. Mahesh Babu. "Massive MIMO Receiver Design with Channel State Information". Journal of Physics: Conference Series 2571, n.º 1 (1 de octubre de 2023): 012035. http://dx.doi.org/10.1088/1742-6596/2571/1/012035.
Resumen
Abstract In order to achieve an astounding data transfer rate, 5G Technology’s is essential obligation, this is the primal reason while the world considers it as an pivotal active research topic, Amongst numerous techniques available to attain the transfer rate, opted Massive Multiple-Input Multiple-Output (MIMO) system receivers with respect to CSI assuming the mathematic computations and complex equations would be deduced in a primordial passion, is examined in this study. For the uplink, we show the possible transfer rate for both receivers with perfect and imperfect channel state information (CSI), considering that the base station (BS) deploys maximum ratio combining (MRC) or zero-forcing (ZF) receivers. Channel estimation is carried out by transmitting pilot symbols when there is insufficient information about the channel state to establish its properties. Additionally, the influence of channel state information on the power scaling rule is illustrated, and a numerical analysis for combiner is derived. In this study, we compare the competence of receivers under ideal and imperfect CSI. In case of perfect CSI, Value of data rate is 84 bits/sec/Hz for ZF receiver and 45 bits/sec/Hz. In case of imperfect CSI, Value of data rate is 60 bits/sec/Hz for ZF receiver and 37 bits/sec/Hz with number of antennas being 500 and number of pilot bits as 10.
21
Jun, Hyungjoon. "Gender-based violence against women as a matter of discrimination: Focusing on the analysis of the state’s positive obligation doctrine as applied in the European Court of Human Rights’ judgment “Volodina v. Russia(No. 2)”". Center for Public Interest & Human Rights Law Chonnam National University 32 (28 de febrero de 2024): 379–417. http://dx.doi.org/10.38135/hrlr.2024.32.381.
Resumen
Women and girls who are victims of violence need active protection from the state because they are mostly socially vulnerable and cannot escape the danger of violence on their own. Especially with the development of the Internet, violence against women is no longer limited to the analog world, and perpetrators are using the Internet in their acts of violence in the digital world as well. Cyberviolence manifests itself in a variety of ways, from threatening messages and cyber-stalking to consensual/ unconsensual uploading of intimate images. This analysis of the Volodina v. Russia judgment (no. 2) addresses how the European Court of Human Rights (“the Court”) examines and justifies interference with the scope of protection based on the legal concept of the State’s positive obligations in dealing with the issue of violence against women in the digital dimension. The Court focuses on Article 8 of the European Convention on Human Rights (Right to respect for private life) to explain the positive obligation of the state. It sets out the legal instruments of the state’s positive obligations in contrast to its negative obligations, and explores the extent to which they have been applied in specific cases. It is also necessary to critique why the European Court of Human Rights does not examine violations of the prohibition of discrimination under Article 14 (principle of non-discrimination) of the European Convention on Human Rights when determining the scope of protection in this case. CEDAW has already considered gender-based violence against women as an important human rights issue from the very beginning, stipulating that it concerns women precisely because it often affects them disproportionately and is therefore discrimination against women. For this reason, the European Court of Human Rights should have addressed in the judgment at least whether, in addition to a violation of Article 8 of the Convention, the Russian authorities had also violated Article 14 of the European Convention on Human Rights.
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Skowron-Kadayer, Magdalena. "The Selective Harmonization Impact of the Coordination Policy". European Review 28, n.º 4 (28 de abril de 2020): 693–706. http://dx.doi.org/10.1017/s1062798720000149.
Resumen
The strong interdependence of Member States’ legal orders was the reason why Member States decided for coordination and for monitoring each other’s legislative activity. Over the years, the Contracting States and the Union legislature have established more and more obligations referring to national legislatures in this respect. The most common of these are the well-known duties to transpose directives into national law. These EU legal acts contain substantive law, rights and/or obligations for individuals, and thus encompass material provisions that can be subject to a transposition process. However, this EU-wide harmonization is not the only way to influence national legal orders. This article deals with the kind of formal obligations which compel Member States to consult EU institutions on draft laws during their national legislative procedures. These obligations are of a procedural nature, with the outcome of the consultation procedure resulting in substantive law. This article shows that in respect to the Information Directive, the Court applies different criteria of inapplicability than it does for ‘typical’ or harmonizing directives. The Court examines the breach of the obligation to notify contained in the Information Directive, particularly if the criterion constituting a ‘substantial procedural defect’ renders such technical regulations inapplicable so that they may not be enforced against individuals. The Information Directive used to enjoy great attention from legal scholars and national courts as well as the Court of Justice of the European Union. The latter confirmed the Information Directive’s direct applicability in several cases. Sometimes it did not heed opinions of the General Advocates and established settled case law in this regard. In other cases, however, it declined the enforcement of this directive in proceedings between private parties. The goal was to avoid disruptions of the internal market. It thus limited the impact of the unconditional procedural obligations resulting from the Information Directive to cases impacting the internal market only. This may have been necessary since obligations to consult constitute unconditional duties and all Member States’ draft laws are supposed to be notified with no difference as to whether they refer to the internal market or not. The wording of the obligations to consult EU institutions rules that the Member State issuing a new law may act and – if it so desires – enforce the new national law. However, the state is not completely free in doing so: it cannot conduct the legislative process from beginning to end.
23
Radovanović, Snežana. "Knowledge and democracy: Modern challenges". Megatrend revija 20, n.º 2 (2023): 69–78. http://dx.doi.org/10.5937/megrev2302071r.
Resumen
Science is not tool only, nowdays, but the creator of the world, and the world becomes object of its research and creative work. However, such a position of the science is not easy to afford in concrete social reality. It presumes developed democracy as a social form which affords the highest degree of freedom and equality. The task of the science and theory is to help society to find rational solutions of the concrete social goals, on the causality to social reality basis, without using any force. The freedom of scientific creativity, however, initiates the scientist's obligation of using his knowledge and achievements in accordance to interests of the society and the whole mankind. For such a position of scientific achievements some material and other presumtions are necessary, being the obligation of the whole society, as a way to avoid poverty in the global, technology developed reality, although there is no equality between rich society and developed democracy, necessarily. The developed democracy presumes developed democratic institutions and, among them, as one of the most important, like fundamental rights and freedoms are, legal state institution. In XIX century in german legal theory, the leading ones were theories of state sovereignty as a way to gain stability of legal state in its task to afford the realisation of the most important social values. Such theories had various degradations in history, as a result of their tries to change national sovereinty theory to state sovereignty theory as a leading one, for the reason of national sovereignty instability, as to their opinion. Due to possibility of degradation, theories of state sovereignty face the necessity of their revision, by putting them in the context of humanity and mankind principals, in order to avoid negative consequences in history, like nazyism surely was. In European community the leading concept of governing, which includes all institutions and organs, state ones and civil, as well, in decision making process, refering to the interests of all, is two level governance and multilevel governance.
24
Nasution, Khoiruddin. "DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN (UUP): STUDI PEMIKIRAN MUHAMMAD ‘ABDUH". ADHKI: Journal of Islamic Family Law 1, n.º 1 (21 de noviembre de 2019): 1–16. http://dx.doi.org/10.37876/adhki.v1i1.8.
Resumen
One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ‘, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ‘Abduh.
25
Rioux, Marcia H. "Towards a Concept of Equality of Well-Being: Overcoming the Social and Legal Construction of Inequality". Canadian Journal of Law & Jurisprudence 7, n.º 1 (enero de 1994): 127–47. http://dx.doi.org/10.1017/s0841820900002605.
Resumen
The ways in which a society provides for people who, for one reason or another, are more socially and economically dependent throws into sharp focus the problems of equality as a political construct. The basic dilemma of social dependency is that of reconciling the responsibility of the state to ensure equality with the rights and needs of those who are dependent. The social, legal and economic policies in place at any given time in history reflect the ways that principles of justice have legitimated differential treatment. To study the case of intellectual disability, therefore, is to reflect upon the legal microcosm of the struggle for social justice and the parameters of political obligation to ameliorate inequality.
26
Vereș, Crina-Bianca. "The “mandatory” right to education as means of reintegration into society". Jus et Civitas – A Journal of Social and Legal Studies 73, n.º 1 (2022): 73–79. http://dx.doi.org/10.51865/jetc.2022.01.10.
Resumen
Internationally, human rights law guarantees a universal right to education. Education and training of inmates help reduce the social costs of crime. People outside of the prison environment have the luxury, or better yet freedom, of choosing the reason for pursuing a form of education or training, whilst for prisoners it is predetermined. Given that its final scope is the reintegration of prisoners into society as full functioning citizens, the right to education becomes an obligation to the state to guarantee the access to the resources available. Thus, the complexity of this right can be better seen in the prison environment, as its final purpose is to ensure that discipline and order are maintained in society.
27
Tomlinson, Dylan. "The ‘Employer-dominated Households’ of National Health Service Staff". Journal of Social Policy 23, n.º 1 (enero de 1994): 41–54. http://dx.doi.org/10.1017/s0047279400021310.
Resumen
ABSTRACTThe subject of this article is NHS staff accommodation, about which, as with other comparable forms of shared peer group housing, little is known. It is noted that there is no obvious reason why privileges, such as the provision of subsidised staff housing, should continue to be accorded to the professions by government, especially given the contemporary concern of the latter that state agencies should not be landlords on a large scale. NHS recruitment difficulties, and possibly also the need for mutual support felt by those in stressful ‘care’ occupations provide some grounds for staff accommodation to be provided. But it is argued in this article that it is rather the onset of citizenship and displacement of corporatism which implies a civic obligation on residents to take control of developing this sector of housing.
28
Mubarok, Muhammad Zaki. "Analisis Penerapan Koreksi Fiskal Atas Pendapatam Dan Beban Dalam Laporan Keuangan Komersial serta Menghitung PPh Terutang PT. Andretty". SUSTAINABLE 1, n.º 2 (30 de noviembre de 2021): 338. http://dx.doi.org/10.30651/stb.v1i2.11112.
Resumen
Tax is an obligation of every citizen who legally has fulfilled the tax obligations based on the law of Indonesia. Tax collection by the state either through the central government or local government will certainly have an impact on reducing the income or wealth of each individual taxpayer and corporate taxpayer who pays it, but in essence the tax paid is an income whose benefits will return again to the taxpayers. This return can be in the form of routine expenditures and development expenditures carried out by the state. PT. Andretty is a company engaged in LPG Gas Distributor whose distribution area includes Surabaya and Gresik. PT Andretty is a Corporate Taxpayer who has to do the calculation, reporting, and deposit on the tax payable. The method used in this research is qualitative with a descriptive approach. The data are collected by observation and documentation method. The data analysis technique used is descriptive qualitative. The data consist of primary data and secondary data. The results of this research indicate that taxpayers have implemented fiscal corrections in accordance with applicable regulations, but there are still some errors related to fiscal corrections of income and expenses that have not been corrected properly. For that reason researcher has tried to recalculate the income statement fiscal PT. Andretty and the Taxpayers have calculated the Tax Payable in accordance with the proper rules. There is an underpayment difference between the calculation made by the Taxpayer and the Researcher. The tax payable should be Rp.460.750.690. Therefore, in the future the Taxpayer needs to be more careful to apply fiscal corrections to income and expenses in the Fiscal Income Statement and calculate the Income Tax payable correctly.
29
Romadhona, Mahimma, Aileena Solicitor El Chidtian y Roziana Febrianita. "KAJIAN NILAI BELA NEGARA PADA DESAIN KOSTUM DAN ATRIBUT SUPERHERO PANCA SATRIA". Serat Rupa Journal of Design 4, n.º 1 (16 de enero de 2020): 01–15. http://dx.doi.org/10.28932/srjd.v4i1.2012.
Resumen
Defending the country is an obligation for every Indonesian, including the younger generation. The younger generation must be inculcated with the ideology of the Pancasila state so that they have strong resilience in facing the threat of terrorism and radicalism. Nationalism and national defense insight possessed by the Indonesian people are considered not high. For this reason, awareness and enlightenment are needed from an early age to foster a love of Indonesia's homeland. This can be done one of them through the application of state defense values in costume designs and superhero attributes named "Panca Satria". The application of local wisdom to costume design and attributes is an effort to preserve culture. This study uses qualitative research methods using semiotics studies. The results of this study are expected to open the discourse that local wisdom can be raised in future trends in the form of costume designs and superhero attributes that are attractive to children. So, education about the values of defending the country to children can be done effectively.
30
Ceriyantina, Dian Tri. "The Politeness of English Teacher's Utterances Inside and Outside Classroom". ELT Forum: Journal of English Language Teaching 8, n.º 2 (30 de noviembre de 2019): 143–51. http://dx.doi.org/10.15294/elt.v8i2.31809.
Resumen
ABSTRACT
Ceriyantina,D.T. The Politeness of Teacher’s Utterance Inside and Outside The Learning Process. Final Project. English Department, Faculty of Language and Arts, Semarang State University. Advisor: Dr. Hendi Pratama,M.A
Keyword: Politeness, Utterance, Pragmatic, Teacher.
This study is about politeness of the teacher’s utterance entitled: The Politeness of Teacher’s Utterances Inside and Outside The Learning Process. The aim of this study is to find out the strategy and the dominant maxim of politeness that used by teacher inside and outside the learning process. This study was a descriptive qualitative study to describe the result of the analyzing of teacher’s utterance. I used teacher’s utterance inside and outside the learnig process as the object of the study. In collecting data, i record the teacher’s utterance inside the learning process then transcript the result of the record. After that, the data will be analyzed with the type of pooliteness and clasified into the maxim of politeness. The result of the analyze teacher’s utterance inside the learning process contain pf 73 utterances with ten maxims of politeness by Leech (2014). After going through data analysis process, it can be concluded that seven maxims of politeness used by English teacher inside the learning process. The maxims that used are Tact with percentage 47,95%, Obligation S to O with percentage 27,29%, Generosity with percentage 17,80%, Approbation with percentage 2,74%, Modesty with percentage 1,37%, Obligation O to S with percentage 1,37%, Sympathy with percentage 1,37%. Meanwhile, the result of the analyze teacher’s utterance outside the learning process contain of 20 utterance with five maxims, the maxim that used are Tact with percentage 50%, Generosity with percentage 15%, Modesty with percentage 15%, Approbation with percentage 10%, Obligation os S to O with percentage 10%. Based on the result of the procedure, the writer cab conclude that the dominant type of the maxim that used by English teacher inside and outside the learning process. The writer also use analysis method to analyze the data so that can be found the reason of the classification result.
31
Wibisono, Yohan, Fadjrin Wira Perdana, Irwan Irwan, Doharmam Lumban Tungkup y Miran Miran. "Pengaruh Implementasi Hukum Pidana Tehadap Peningkatan Keamanan dan Ketertiban Masyarakat". Jurnal Indonesia Sosial Sains 3, n.º 6 (25 de junio de 2022): 1026–33. http://dx.doi.org/10.36418/jiss.v3i6.673.
Resumen
The state has an obligation to create a safe and orderly environment for every citizen. Order and security can form a society with character, mental health and ready to compete in the international realm. This is because the environment has a strong influence on transferring character to each individual. This situation can be realized if the criminal law in Indonesia is enforced properly. Unfortunately, law enforcement sometimes fluctuates so that people are restless and criminals continue to carry out their actions. For this reason, this research was conducted to determine the effect of the implementation of criminal law on increasing public security and order. The research method used is descriptive qualitative research with observation interviews and questionnaires distributed through gform. The results of this study indicate that the implementation of criminal law has a positive effect on increasing public security and order.
32
Palmisano, Giuseppe. "Trattamento dei migranti clandestini e rispetto degli obblighi internazionali sui diritti umani". DIRITTI UMANI E DIRITTO INTERNAZIONALE, n.º 3 (diciembre de 2009): 509–39. http://dx.doi.org/10.3280/dudi2009-003005.
Resumen
- The legislative and operational measures recently adopted by Italy in order to prevent and repress clandestine immigration raise the problem of their consistency with Italy's international obligations conncerning the protection of human rights. With a view to assessing the actual terms of such a problem, contents and extent of the protection to be afforded to irregular migrants, under the international law of human rights, must be preliminarily determined. Considering the specific legal situation of Italy, in the light of its participation both to the European Convention of Human Rights and to the International Covenants on Human Rights, as well as to many other conventions dealing with the protection of human rights, it clearly turns out that Italy is internationally bound to respect and protect a number of basic rights of irregular migrants. Such rights include, at the very least, the right to life, the right not to be subjected to torture (or to cruel, inhuman, or degrading treatment), and the right not to be subjected to arbitrary arrest or detention. Respect for such rights also implies an absolute non-refoulement obligation, that is an obligation not to expel or return an irregular migrant to another State where there is an actual risk that his or her rights would be violated. Moreover, basic rights of clandestine immigrants include the right to family unity, the right not to be subjected to collective expulsion, and (closely linked with this latter right) the right to a fair and transparent procedure of expulsion or repatriation, implying a reasonable and objective examination of the particular case of each individual. Turning to economic, social and cultural rights, an internationally lawful treatment of irregular migrants requires compliance with international obligations protecting the right to health and medical care, the right to primary education, and some core labour rights. The principle of non discrimination plays obviously a crucial role in view of correctly implementing all these international obligations with respect to the specific situation of irregulars migrants. Lastly, special and stronger human rights protection is required when the irregular migrants are children, or victims of trafficking in persons. In the light of the international human rights obligations which are applicable to the peculiar situation of irregular migrants, some of the legislative and operational measures adopted by Italy to struggle against clandestine immigration seem indeed to be inconsistent not only with such obligations (and with the increasing international trend towards the "non criminalization" of clandestine immigrants by reason of their irregular position), but also - at least in part - with the EU legal standards provided for by the recent 2008/115/EC Directive on common standards and procedures for returning illegally staying third-country nationals. This seems to be true, for example, with regard both to the new Article 10 bis inserted in the Legislative Decree n. 286 on immigration, introducing the crime of clandestine immigration, and to the new paragraph 11 bis of Art. 61 of the Criminal Code, introducing a general aggravating circumstance consisting in the irregular status of the immigrant author of a crime. But this seems particularly true and blameworthy with regard to the practice of intercepting crumbling boats full of migrants on the high seas and coercively driving them back to Libya.
33
Lawiya, Muhammad Azhar, Salmon Eliaser Marthen Nirahua y Julista Mustamu. "Penerapan Standar Pelayanan Sesuai Undang-Undang Nomor 25 Tahun 2009 Tentang Pelayanan Publik". LUTUR Law Journal 4, n.º 1 (28 de mayo de 2023): 19–26. http://dx.doi.org/10.30598/lutur.v4i1.10497.
Resumen
The Maluku Provincial Government as a service provider has the obligation to develop and set service standards to help the community know what kind of service will be provided. For this reason, the Maluku Provincial Government must set service standards as a benchmark in providing services. Purposes of the Research: To find out to what extent the implementation of service standards in the Maluku Provincial Government. Methods of the Research: This study uses a normative research method with the legal materials used in the research are primary, secondary and tertiary with the use of literature study techniques in the form of legal regulations, scientific works and literature. Results of the Research: he implementation of public services is an effort by the state to fulfill the basic needs and civil rights of every citizen for goods, services, and administrative services provided by public service providers. In carrying out service delivery, service standards are needed to be benchmarks, so that in carrying out public services the Maluku Provincial Government has benchmarks that can be used as guidelines for service delivery and has a reference for assessing service quality as an obligation and promise of the organizers to the community in the context of quality services. , fast, easy, affordable, and organized. However, in the implementation of public services in the Maluku Provincial Government, service standards have not been fully implemented properly, this can cause harm to the community because of the lack of transparency in the public service process carried out by the Maluku Provincial Government. For this reason, the Maluku Provincial Government is required to create and implement service standards as a benchmark in carrying out public services and as an effort to prevent maladministration in the service delivery process.
34
Nababan, Asmara. "Penyelesaian Pelanggaran Hak Asasi Manusia Yang Berat; Belajar Dari Pengalaman". Jurnal Hak Asasi Manusia 2, n.º 2 (1 de noviembre de 2004): 93–109. http://dx.doi.org/10.58823/jham.v2i2.27.
Resumen
This article discuss the concepts of gross human rights violation, individual responsibility in international crime, element of crime of human rights violation, the concept of command responsibility and the settlement mechanism of human rights violation. The writer asks us to take lesson learn from the experiences of Timar-Timurand Tanjung Priok trial and "the stuck" in the investigationprocess in Trisakti, Semanggi I don II and Mei cases in the hand of Attorney General. The realities show that so many weaknesses are needed to be handled immediately. For that reason, it is important to make amendment of UU No. 2612000 of Human Rights Court. The writer also discuss the hybrid tribunal in Cambodia, Timar Leste and Sierra Leone as an effort to give preference to the state to conduct its obligation and in other side also to guarantee that the court is conducted in mutual accord with international standard.
35
Haryanto, Joko Tri y Akhmad Nurkholis. "Study for Mainstreaming Environmental and Climate Change Policy On The Development Planning Agenda in Indonesia". Kajian Ekonomi dan Keuangan 18, n.º 3 (9 de noviembre de 2015): 181–96. http://dx.doi.org/10.31685/kek.v18i3.18.
Resumen
Over the past few years, environmental issues have became a major policy agenda in developed and developing countries. The government has some alternative policies that can be used as a form of the intervention either to play the role of market-based policies and government regulations as well as other options. In this context, the Government of Indonesia already issued Presidential Decree No. 61 Year 2011 on National Action Plan for Reducing Greenhouse Gas Emissions (RAN-GRK). Based on this document, financial source for climate change (PI) and also protection, preservation of the environment (PPLH) mainly comes from the state budget, local budget, private sector, and other sources legalized by regulations. Unfortunately, the capacity for this obligation is still constrained. For this reason, public funding must be able to cooperate with the private fundingr in order to leverage the capacity. Regarding this matter, the flexibility for the allocation of state budget/local budget is not easy, due several reasons. One of that reason is the lack of policy meanstreaming PPLH the PI on the budgeting systems, the nature of the management PI and PPLH and also lack of awareness from many stakeholders. By using descriptive analysis method, this paper tries to answer these issues from the variety of scenarios, especially in the sphere of government planning and budgeting policy.
36
Lestari, Endang Puji. "The Delegation of State Sovereignty over Air Space in the Implementation of Air Navigation: The Analysis of the Agreement between Indonesia and Singapore on Management of the Batam and Natuna Flight Information Region". FIAT JUSTISIA:Jurnal Ilmu Hukum 11, n.º 2 (4 de enero de 2018): 173. http://dx.doi.org/10.25041/fiatjustisia.v11no2.813.
Resumen
The state sovereignty over airspace with its complete and exclusive nature experiences a significant dynamic in both its concept and implementation in the international air law. Sovereignty over the airspace not only provides legislative, executive, and judicialauthorities of the state but also puts an obligation on the state to provide facilities for aviation safety. The reason for aviation safety airspace of a sovereign state can be delegated to other states to manage the service of navigation, for example, Indonesian air spaces in the Natuna and Batam, are maintained by Singapore for the sake of aviation safety. The taking over of the management of FIR in Batam and Natuna had been carried out through several steps. First, establishing Civil Military Aviation Coordination (CMAC) as outlined in the Government Regulation (Ministry of Transportation Regulation Number 55 on 2016) concerning the order of the national airspace. Second, evaluating the implementation of air navigation by reformulating the institutional of LPPNPI, evaluating the cooperation agreement between the Government of Indonesia and Singapore, and providing air navigation service during the transition period in Natuna Islands. Third, conducting the taking over concept phase by phase, in which the first phase, Singapore only provides air navigation service, while Indonesia only monitors. The second phase, Indonesia provides air navigation services, while Singapore only monitors, and for the third phase, as the final implementation, Indonesia provides air navigation services fully. Keywords: Delegation, Sovereignty, Air Space, Air Navigation, Agreement
37
Indriati, Noer. "Analysis of International Law on Human Trafficking with Children as The Victims". SHS Web of Conferences 54 (2018): 05004. http://dx.doi.org/10.1051/shsconf/20185405004.
Resumen
Trafficking in person is interpreted as resulting from a State of social disorganization and crime caused by the variety of social–related things. The social change causes women and children to leave their homes and villages to seek a windfall to the region or another country with a reason to increase the standard of living. This research used normative juridical approach. The specification of research is descriptive, the analysis is juridical analytical, using secondary data that consist of primary and secondary and tertiary. The effective actions had to protect and eradicate the trafficking, especially the children. It needed international comprehensive approach from the countries of origin, transit and destination. The Government has an obligation to respect, to protect and to fulfill the rights of the child contained in some regulations. Trafficking of children as victims did not exactly use the way children are obtained, because the children did not know the purpose of the being sold.
38
Ramadhan, Adriantito y Irma Suryani. "CERAI TALAK YANG TERINDIKASI KDRT PERSPEKTIF UU NOMOR 23 TAHUN 2004 TENTANG KDRT DAN HUKUM ISLAM (Studi Putusan Nomor 70/Pdt.G/2020/PA.Pyk)". JISRAH: Jurnal Integrasi Ilmu Syariah 2, n.º 2 (31 de agosto de 2021): 1. http://dx.doi.org/10.31958/jisrah.v2i2.4330.
Resumen
This study aims to explain how the judge's legal considerations in decision number 70/Pdt.G/2020/PA.Pyk who provide a living for the wife indicated by nusyuz and to explain how the judge's legal considerations in the decision are reviewed from the PKDRT Law and Islamic Law. This research is a field research. The primary data source is information from the chairman of the panel of judges who decided the case, and the decision. Secondary data sources are obtained from library materials by searching for data or information in the form of written objects such as books, regulatory documents related to research. This study found, firstly, the nusyuz status of the wife according to the judge's opinion had no cause. The act of nusyuz in question is that the wife leaves the joint residence without the husband's permission in the condition that the household is still fine, and the husband does not state and prove that his wife is nusyuz. Then the wife in this case sued the husband back so that he was given a living while the husband agreed with his ability so that the judge stated there was no reason not to give the husband a living obligation to his wife. However, if viewed from the perspective of material law, namely KHI, the respondent is categorized as a wife who is nusyuz and her husband's livelihood is hindered either when she is nusyuz or divorced due to the nusyuz. Second, regarding the point of view of the PKDRT Law regarding indications of neglect from the wife based on her obligations according to Article 34 paragraph (2) of the Marriage Law, she cannot carry out her obligations under the law so that she is categorized as neglect based on Article 9 paragraph (1) of the PKDRT Law. Meanwhile, based on the judge's statement, the husband is the perpetrator of neglect after being analyzed based on his obligations in Article 34 paragraph (1) cannot completely violate the article, because the husband based on his ability is still carrying out his obligations to provide a living for his wife and children. Third, from the point of view of Islamic law regarding nusyuz. The scholars agree that the attitude of a wife who leaves the joint residence without the husband's permission is included in the act of nusyuz and the act of nusyuz resulting in the obstruction of a living from the husband to his wife.
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Jannah, Shofiatul y Roibin Roibin. "The Urgency of Determining the Post-Divorce Iddah Payment Period in Indonesian Religious Courts". Jurnal Ius Constituendum 8, n.º 3 (18 de octubre de 2023): 424. http://dx.doi.org/10.26623/jic.v8i3.7606.
Resumen
<p>This study aims to provide legal justice for women after divorce. The determination of the period of payment of iddah income after divorce by the ex-husband to the ex-wife is very important because women who are carrying out the iddah period are not allowed to leave the house. For this reason, husbands are encouraged to provide iddah as stated in the word of Allah surah al-Thalaq:1. But, after divorce, the man disappears regardless of his ex-wife, besides that the policy on determining the period of payment of iddah income has not been regulated in the legislation or the compilation of Islamic law. So this research is important to be carried out as an effort to realize justice for women. This research is a literature research (Library research), which is a study that presents a variety of data by the research topic which includes primary data, namely the concept of iddah in the compilation of Islamic law which will be analyzed using Islamic legal theory. The results of the study that the determination of the period of payment of income is very important to be stated in the laws and regulations in Indonesia. Because the obligation to practice iddah will also be carried out if the ex-wife does not experience any deficiency Even the state can determine sanctions for ex-husbands who do not provide iddah to ex-wives. Sanctions provide a deterrent effect and encourage husbands to comply with their obligations fairly and responsibly.</p><p align="center"> </p>
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Sutardi, Sutardi y Lucky Ferdiles. "Law Enforcement Against Cybercrime in Online Activities". Edunity : Kajian Ilmu Sosial dan Pendidikan 2, n.º 1 (14 de enero de 2023): 38–46. http://dx.doi.org/10.57096/edunity.v1i05.34.
Resumen
Indonesia, as a country based on law (rechtstaat), is not solely based on mere power (machtstaat), consequently that in the life of society, nation and state it is obligatory to comply with the will that has been regulated based on the applicable laws and regulations. One of the concepts in the theory of the welfare state is that the state has the responsibility to provide maximum health services to its citizens. Based on the provisions of Law Number 36 of 2009 concerning Health, in Article 5 paragraph (1) that; Everyone has the same right in obtaining access to resources in the health sector. One of the health sectors is the hospital which is an important part in the health sector and plays a role in supporting the survival of the community to live a healthy and prosperous life. Hospital medical records are an important component in the implementation of hospital management activities. According to the provisions of the legislation, namely Law Number 29 of 2004 concerning Medical Practice Article 46 paragraphs (1) to (3) and Minister of Health Regulation No. 269 of 2008 concerning Medical Records and Medical Records, made by doctors who are included in the management of their responsibilities which are intended for the condition of the patient. For this reason, medical secrets are the obligation of every doctor to maintain them as required by legislation. The obligation to keep medical secrets concerns things that are obtained through disease examination procedures or by chance, which are carried out by doctors, including those related to the patient's health. The problems that can be raised from this research are; 1. How is the construction of laws and regulations in regulating medical secrets? and, 2. Why does the legality of the disclosure of medical secrets require legal reform through a progressive legal approach? Solving the problem is done through a juridical normative research approach. The results of his research, that medical records are facilities that contain information about patients' illnesses and treatments aimed at maintaining and improving a health service regulated by Law No. 29 of 2004 concerning Medical Practice and Minister of Health Regulation No. 269 of 2008 concerning Medical Records. Legal reform regarding the disclosure of medical secrets through a progressive legal approach, constructively hospitals are obliged to comply with these laws and if violated are threatened with administrative sanctions ranging from verbal warnings, written warnings to license revocation and criminal sanctions
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Wijaya, Yudi Yasmin, A’an Efendi, Fanny Tanuwijaya y Nilna Aliyan Hamida. "Transparency Regarding the Tax Avoidance in Indonesia: A Philosophical Review". Lentera Hukum 7, n.º 1 (6 de abril de 2020): 85. http://dx.doi.org/10.19184/ejlh.v7i1.11759.
Resumen
Tax avoidance has become a significant problem that adversely impacts the state's financial system, and its impact can obstruct the state, resulting in distrust of the government. The distrust towards the government, generally due to the reason for tax avoidance. Tax avoidance is fundamentally people's awareness of economic democracy. In Indonesia, the current discussion refers to the Tax Procedure Act, specifically regulates the obligation of the taxpayer, but limiting the rights of taxpayers. It becomes a crucial problem of transparency as part of social rights. Although the activities indicate, democracy practice but other critical challenges affect its implementation. The state, as a people's forum, has an unrealized purpose and has the potential national disintegration. The potential of disintegration forms transparency in the taxation system. Transparency in the tax management can provide accountability between the government and citizens to maintain the effectiveness of tax administration. Using transparency in the taxation system is an excellent solution for a democratic economy. By using doctrinal research, tax transparency has aspects of being balanced to realize the welfare of the country. Balancing the features of the taxation system requires the right transmission to achieve the country's purpose for people's welfare.
Keywords: Transparency, Tax Avoidance, Tax Law.
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Wijaya, Yudi Yasmin, A’an Efendi, Fanny Tanuwijaya y Nilna Aliyan Hamida. "Transparency Regarding the Tax Avoidance in Indonesia: A Philosophical Review". Lentera Hukum 7, n.º 1 (6 de abril de 2020): 85. http://dx.doi.org/10.19184/ejlh.v7i1.11759.
Resumen
Tax avoidance has become a significant problem that adversely impacts the state's financial system, and its impact can obstruct the state, resulting in distrust of the government. The distrust towards the government, generally due to the reason for tax avoidance. Tax avoidance is fundamentally people's awareness of economic democracy. In Indonesia, the current discussion refers to the Tax Procedure Act, specifically regulates the obligation of the taxpayer, but limiting the rights of taxpayers. It becomes a crucial problem of transparency as part of social rights. Although the activities indicate, democracy practice but other critical challenges affect its implementation. The state, as a people's forum, has an unrealized purpose and has the potential national disintegration. The potential of disintegration forms transparency in the taxation system. Transparency in the tax management can provide accountability between the government and citizens to maintain the effectiveness of tax administration. Using transparency in the taxation system is an excellent solution for a democratic economy. By using doctrinal research, tax transparency has aspects of being balanced to realize the welfare of the country. Balancing the features of the taxation system requires the right transmission to achieve the country's purpose for people's welfare.
Keywords: Transparency, Tax Avoidance, Tax Law.
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Cárdenas Paredes, Karina Dayana. "The reparation of damages to the victim of the crime in Spain vs Ecuador". Revista Metropolitana de Ciencias Aplicadas 5, n.º 1 (1 de enero de 2022): 192–202. http://dx.doi.org/10.62452/pf4rdt06.
Resumen
Reparation of damages is an obligation of the State, whose fundamental objective is to return the victim to the moment in which he/she was before the violation of his/her rights, for which reason measures have been developed to repair the damages caused, which will depend on whether they are of a material or immaterial nature. The general objective of this article is to analyze, comparatively and critically, the comprehensive reparation of damages as a criminal legal institute, which is regulated in Spain and Ecuador, respectively. In order to achieve the research result, research methods such as literature review, historical-logical, documentary analysis and inductive-deductive methods have been used, which have allowed us to confirm that the two forms of legal regulation of reparation comply with the purpose of helping to repair the damages to the victims of crimes, however, more mechanisms should be developed to compensate the damage through the Administration of Justice and to comply with the duty to protect the fundamental rights that as human beings belong to us.
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Mulhimmah, Baiq Ratna y Ridwan Olagunju. "Effectiveness of Islamic Law in Protecting The Copyright of Indigenous Peoples of Indonesia in The Form of Traditional Knowledge & Traditional Cultural Expressions". Jurnal IUS Kajian Hukum dan Keadilan 10, n.º 3 (26 de diciembre de 2022): 581–94. http://dx.doi.org/10.29303/ius.v10i3.1141.
Resumen
Copyright Protection of Indonesian Indigenous Peoples in the form of Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) currently does not meet the sense of justice. The state is obliged to provide comprehensive protections capable of guarding the rights of Indigenous peoples under an adequate legal umbrella. Because the existence of Indigenous peoples, along with copyrights in the form of TK & TCE is part of the wealth and identity of the nation, this research focuses on how the view of Islamic law (Legal Opinion of Indonesian Ulama Council No.1 of 2003 concerning Copyright and Legal Opinion Of Indonesian Ulama Council No.1 of 2005 concerning Intelectual Property Right) with the maqasid al Shari’ah approach in protecting the rights of indigenous peoples. Islamic law is one of the secondary legal materials in determining state law and is expected to strengthen in providing solutions to this problem. The research method is normative with a concept and case approach to conclude that Islamic law (legal Opinion Of Indonesian Ulama Council) with the Maqasid al Shari’ah approach in protecting Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) is a must. This is based on an obligation order covering several matters, including; the protection of life and hifzul nafsi/hifzul ‘irdhi, protection of reason (hifzul aqli), and protection of property (hifzul maal).
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Chakraborty, Anirban y Ankur Jha. "Corporate social responsibility in marketing: a review of the state-of-the-art literature". Journal of Social Marketing 9, n.º 4 (14 de octubre de 2019): 418–46. http://dx.doi.org/10.1108/jsocm-01-2019-0005.
Resumen
Purpose The purpose of the study is to understand the evolution of the state-of-the-art of corporate social responsibility (CSR) research in the domain of marketing. Design/methodology/approach The top-ranked journals in the domain of marketing have been chosen for the purpose of this study, and the papers related to CSR concept published in those journals between 1930 and 2018 have been reviewed. A lucid framework has been used to structure the reviewing process. Findings The study finds that the CSR concept in marketing context has become more complex, its dimensions have evolved and increased in number, affecting diverse stakeholders leading to different outcomes. Research limitations/implications A simple model is proposed to understand the amalgamation of CSR concept in marketing literature. The study also highlights extant gaps in the literature and suggests the directions for future research. Practical implications The notion of CSR goes beyond the economic and regulatory obligation of the firm. Hence, for it to be duly implemented, practitioners must have a holistic understanding of this multi-faceted construct. This paper examines the changing role of CSR in the context of marketing over a period of almost a century. It thereby helps marketers to understand and visualize their changing responsibility toward the society at large and thereby co-create a sustainable relationship with all the stakeholders. The study provides both tactical and strategic pointers to practitioners. Social implications The study draws upon extant literature and documents the positive impact of CSR on marketing variables and thereby gives a compelling reason to the marketers to be socially responsible. Compilation of persuasive evidence would encourage the adoption of CSR concepts by the marketers. This would elicit a more socially responsible action which will have a positive impact on the society that the marketer serves. Originality/value This is an in-depth study depicting the journey of CSR construct in marketing literature and provides a holistic understanding of the construct in the context of marketing.
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Rudakov, D. "Contracts for the purchase of affordable housing: concepts, legal nature and features". Uzhhorod National University Herald. Series: Law 1, n.º 76 (14 de junio de 2023): 183–88. http://dx.doi.org/10.24144/2307-3322.2022.76.1.28.
Resumen
In Ukraine, the right of individuals – citizens to housing is constitutionally enshrined, which can be realized both by purchasing such an object of civil relations in ownership and in use. As of today, the issues of providing housing for the citizens of Ukraine have become particularly acute due to the fact that many of them lost it due to the criminal war against our state. These issues have become especially relevant due to the declaration of our state as a social state, because under such conditions, Ukraine must help its citizens to acquire rights to this category of property. For some reason, as of today, the most common basis for acquiring housing rights is the contract itself, which remains unique means of regulating legal relations in European private law.
The concept of housing in Ukraine is provided in a number of normative legal acts of various levels of legal force, among which, of course, the Civil Code of Ukraine and the Housing Code of Ukraine that occupy a special place. Affordable housing is built and those being built with state support, residential buildings (complexes) and apartments. State support for the construction of affordable housing consists in the payment by the state of 30 percent of the cost of construction (purchase) of affordable housing and/or the provision of a preferential mortgage housing loan.
Contracts for the purchase of this category of housing are sales contracts, that is, they belong to the group of transactions on the transfer of property into ownership. At the same time, by their legal nature, these are consensual, paid, bilateral and fixed-term (usually up to 12 months). In the case of investing in objects of unfinished construction, under certain conditions, such contracts may have a risky nature. Also, it is worth noting separately about: the specific subject composition of these contracts, the obligation to comply with the requirements regarding their form and specifics of execution.
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Shavel, Sergey A. "Cybernetic version of the interaction of society spheres". Journal of the Belarusian State University. Sociology, n.º 3 (30 de septiembre de 2020): 4–19. http://dx.doi.org/10.33581/2521-6821-2020-3-4-19.
Resumen
The article considers the interrelation of sociology and cybernetics and their increasing pervasion into each other. The contribution of cybernetics to sociological science can be seen in using a modeling process, the black box method, feedback and the intellectualisation of society. As far as the notion of intellect is concerned, the author described the sociological understanding of this phenomenon by distinguishing it from gnoseological and cybernetic interpretation. In the article the author develops Talcott Parsons’ concept about the symbolic and informational hierarchy of the society subsystems. While maintaining the very idea of hierarchy, his proposal is that the conceptual rationale offered for hierarchy can be used for the basic spheres of society. Accordingly, it helps to clarify some symbolic means of exchange and communication. It is noted that T. Parsons didn’t use the sphere approach in the theoretical analysis of society. There is some reason to believe that the main symbolic means should be considered trust, not a value obligation. Trust is a phenomenon which characterises not only interpersonal connections, but also attitudes towards social institutions – state and its bodies, education, health care, etc. It is advisable to replace power with authority.
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Kolev, Ya G. y D. D. Radoinova. "THE CHILD ABUSE IN BULGARIA". Russian Journal of Forensic Medicine 5, n.º 3 (15 de octubre de 2019): 4–10. http://dx.doi.org/10.19048/2411-8729-2019-5-3-4-10.
Resumen
The problem with violence among children and adolescents is very popular today. The reason is that the cases of aggressive verbal and physical acts on and among children have become very frequent. The better recognition of child rights, problems and needs will contribute to the elaboration of effective policies and practices for improvement of the state of children in Bulgaria. The legislation, procedures and authorities related to child protection in Bulgaria are described. Data collected from different sources concerning child abuse, are presented. The use of forensic medicine in prevention of child abuse is still not fully implemented in government politics. Actual priorities are common with other countries of the region. Many aspects of violence against children remain hidden for the specialized institutions and for the society, because in most cases these acts are not reported or registered. Reasons for this to happen are the lack of social sensitivity and engagement for prevention of violence against children, the ignorance of child’s right to protection and of everyone’s obligation to inform agencies for child protection about children at risk as well. This is not specific for Bulgaria only, but applies to all the European countries.
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Al Hashas, Mohammad Nasih. "Money Politics from the Perspective of Ahmad Bahauddin Nursalim". International Journal of Islamicate Social Studies 2, n.º 1 (28 de mayo de 2024): 59–68. http://dx.doi.org/10.62039/ijiss.v2i1.39.
Resumen
This article aims to understand more about the phenomenon of money politics from the perspective of Ahmad Baharuddin Nursalim. He is one of the contemporary fiqh scholars. This type of research is qualitative-descriptive. In an effort to collect data, researcher used the literature study method on data related to the topics discussed in this article. The results of the research show that money politics is an activity that basically violates the rules of state law, violates religious propositions and is contrary to human nature. However, contemporary scholars such as Ahmad Bahauddin Nursalim consider that money politics is no longer categorised as “risywah” (something cursed by Allah and His messenger). The reason is that in this era there is a collective benefit that still needs to be fought using money politics, without money politics it is feared that this benefit will not be achieved and it is feared that it will cause a loss. For him, money politics is not only an activity that can be done by a good Muslim, but for the sake of the benefit of the people, money politics is an obligation for Muslims who are able to do it.
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Krasniqi, Kole. "Organized Crime In The Balkans". European Scientific Journal, ESJ 12, n.º 19 (29 de julio de 2016): 204. http://dx.doi.org/10.19044/esj.2016.v12n19p204.
Resumen
Legal systems are put in jeopardy and social stability and welfare are harmed wherever there are organized criminal activities. In the Balkans, organized crime is also tantamount to a main obstacle to the European integration of the region. The permanent influence of organized crime on the state structures, the cooperation between different criminal organizations and especially their collaboration with some extremist groups impact political stability in an extremely negative way. The states in the Balkans have recognized the dangers for their peoples constituted by organized crime and have already taken a number of required legal, institutional and political measures in order to be able to successfully combat organized crime. However, organized crime still constitutes the main risk to the new democratic states in the Balkans in spite of these measures. For that reason, combating organized crime may not treated just as the task or responsibility of one single state but it needs to be understood as an obligation and responsibility of all the states in the entire region as well as of the European Union. Therefore, cooperation and coordination of joint activities for combating organized crime have to be based on modern international standards. Besides, a continual perspective is required according to the interest of the peoples of the region to live together in peace and mutual harmony and to establish a society where human rights are not threatened by criminal violence but protected just like in the European Union.