RECONSTRUCTING THE ASSIGNMENT OF INDONESIAN NATIONAL ARMY’S (TNI) DUTY IN COUNTERING TERRORISM

Author(s): Widarsono Widarsono,Prija Djatmika,Herman Suryokumoro,Dhiana Puspitawati / Language(s): English Issue: Special/2020

In analyzing legal materials, one of the applied techniques as contained in the research method is reconstructive. Reconstructive analysis technique for legal materials comes from the term reconstruction. The meaning of reconstruction in the context of analysis is in term of the building of the material object under the study according to critical epistemology based on the value to be achieved, so that a new juridical construction is formed. There construction of the meaning of a legal rule is carried out by initially understanding the meaning in a particular regulation or article in a law by being systematically connected based on philosophical and analytical approaches. In reconstructing laws and regulations regarding counter-terrorism, this research refers to several theories, including the rule of law theory, the theory of authority, and the theory of legislation. The content of the laws and regulations that need to be reconstructed is the title of the law that regulates the eradication of terrorism, and regulations related to authority between Indonesian National Police (POLRI) and Indonesian National Army (TNI), as well as the role of National Security Council (DKN) in the ideal laws and regulations, which if referring to the Law Number 5 of 2018, it seems to be played by the National Counterterrorism Agency (BNPT) with all its special limitations related to the eradication of terrorism. With regard to regulatory reconstruction, that the title of the current legislation, namely the Law on the Eradication of Criminal Acts of Terrorism, should be revised to use a broader title, for instance into the Law on the Eradication of Terrorism, by omitting the phrase ‘Criminal Acts’ due to its use, the term ‘Criminal Acts’ seems to reflect to be only on the field of Criminal Justice System. Despite of that, the problems regulated in counter-terrorism are broader than that, because they involve TNI in overcoming acts of terrorism as part of TNI's duties from military operations other than war, and are carried out in accordance with the main duties and functions of the TNI. From the epistemological aspect, there are quite fundamental changes related to the aassignment of TNI and POLRI in dealing with terrorism. The regulation regarding TNI and POLRI certainly cannot be separated from the discussion on the authority of the two institutions, given the intersection of authorities.

RATIO LEGIS OF NORMS ON THE REGULATION OF NATIONAL HEALTH INSURANCE IN THE LAW OF REPUBLIC OF INDONESIA NUMBER 40/2004 CONCERNING NATIONAL SOCIAL SECURITY

Author(s): Bram B. Baan,Suhariningsih Suhariningsih,Abdul Madjid,Yuliati Yuliati / Language(s): English Issue: Special/2020

The objective in the enaction of the Law of the Republic of Indonesia Number 40 of 2004 concerning National Social Security System is that everyone has the rights to get social security in order to be able to fulfill proper basic needs for their life and increase their dignity towards the realization of a prosperous, fair and wealthy Indonesian society that appropriate and fulfills the sense of justice in accordance with the mandate of the Constitution of the Republic of Indonesia. This paper analyzes the objectives in the enaction of the Law on National Social Security System of the Republic of Indonesia. The argument in this paper explains that the purpose in the implementation of Health Insurance, which is part of social security, is to achieve Universal Health Coverage for all Indonesian citizens so that all citizens can easily access health services. However, until now this has not been achieved, and some articles in the Law of the Republic of Indonesia Number 40 of 2004 concerning National Social Security System are contradicting to Article 28 H Paragraph (2) and Article 34 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

BETWEEN JUDICIAL REVIEW AND THE EXECUTIVE - THE PROBLEM OF THE SEPARATION OF POWERS IN COMPARATIVE PERSPECTIVE

Author(s): Robert Siuciński / Language(s): English Issue: 2/2020

Judicial review of the executive is an essential element of democracy. It ensures the legality of administration. It is obvious that for adequate protection of rights of individuals, judicial review should be effective. There are two models of judicial review: the cassation and the merit one. The first of them is based on assumptions derived from the Austro-Hungarian regulations dating back to the nineteenth century. It assumes that the competence of the administrative court is only to issue two types of rulings. Some European countries uses the merit review elements were introducted into the proceeding before the administrative court. This model of judicial review, which is characteristic for French solutions, gives to administrative courts the possibility to ingeration in administrative action. It seems interesting to consider which of these models of judicial review is more effective when it comes to protecting the rights ensured by the proper fulfilment of judgements and what are the advantages and disadvantages of both systems in the light of separation of powers.

IDENTIFYING THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY IN THE CONSTITUTION OF ROMANIA, IN THE CONSTITUTION OF REPUBLIC OF MOLDOVA AND IN COMPARATIVE LAW

Author(s): Cătălin-Radu Pavel / Language(s): English Issue: 2/2020

The current study aims to present selective aspects regarding the right of a person aggrieved by a public authority and the findings in the Constitution of Romania, in the Constitution of Republic of Moldova and in comparative law. The right of a person aggrieved by a public authority is regulated by the Article 52 of the Constitution of Romania. The right of a person aggrieved by a public authority in Romania ensures and protects the manifestations of will of the citizens in relation with the public authorities, as well as with other rights, freedoms and citizens' interests, thus ensuring a good administration of the state in favor of the citizens. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted the findings in the Constitution of Romania, in Constitution of Republic of Moldova and in comparative law about the right of a person aggrieved by a public authority.

REGULA KNOCK OUT ÎN SOLUȚIONAREA CONFLICTULUI CLAUZELOR STANDARD

Author(s): Alina Elena Oprea / Language(s): Romanian Issue: 4/2020

The evolutions of the business practice to a more frequent utilisation of general standard terms have determined the emergence of special legal provisions aiming to solve the problems generated by this new reality as regards the formation and the content of contracts. It is the case for the Art. 1202(4) of the Romanian Civil Code, a text which imposes a modern solution to the battle of forms issue. Since the application of the traditional mirror image rule presents serious inconveniences when the parties are using general standard clauses (aspect approached in the first part of the article), the legislator took them into account and in 2011 he reacted by aligning the internal legal solutions to those largely followed in comparative and international law; the new rule – the elimination of the standard contradictory clauses / the knock out solution – is scrutinized in the second part of the article, which address in a more detailed manner the aspects of its application and functioning.

Sudska kontrola u sporovima iz zaštite ličnih podataka u bosanskohercegovačkom i poredbenom zakonodavstvu

Author(s): Armina Čunjalo,Zlatan Omerspahić / Language(s): Bosnian Issue: 15/2021

The paper analyses the issue of judicial review in personal data protection proceedings. The subject of analyses is a procedural safeguard and other peculiarities of the administrative dispute and the standard of administrative law protection in the mentioned proceedings and the role of the Court of BiH. A comparative legal analysis of administrative-legal protection in the same disputes within Croatia and Slovenia is conducted, together with the relevant legal framework of the European Union. The comparative legal analysis aims to determine the extent to which the domestic model of administrative-legal protection and legal standards of judicial protection is compatible with the solutions adopted across Europe. It draws attention to problematic and controversial solutions to domestic legislation. In conclusion, the authors propose several regulatory solutions which would bring improvements to the current system of judicial protection in domestic law.

Смъртното наказание в САЩ през 1995 година

Author(s): Tracy L. Snell / Language(s): Bulgarian Issue: 1/1997

Европейското конституционно право в системата на юридическото образование

Author(s): Evgeni Tanchev / Language(s): Bulgarian Issue: 1/1997

Епистемология и методология на сравнителното право в светлината на европейската интеграция

Author(s): Martin Belov / Language(s): Bulgarian Issue: 5/2002

Видове жалби в административния процес на Република Германия

Author(s): Doncho Hrusanov / Language(s): Bulgarian Issue: 3/2002

Teze de doctorat dedicate drepturilor copilului

Author(s): NRHR NRDO / Language(s): Romanian Issue: 2/2021

Нов Граждански кодекс на Руската федерация. Вещно право

Author(s): Vladimir Petrov / Language(s): Bulgarian Issue: 2/2000

USTAVNOPRAVNI POLOŽAJ PREDSEDNIKA REPUBLIKE SRPSKE U SVETLU UPOREDNOG PRAVA

Author(s): Darko Golić / Language(s): Serbian Issue: 2/2021

Although the Constitution of the Republic of Srpska was created in extremely complex circumstances, exposed to multiple, often violent changes, the underlined constitutional concept of the organization of power and the position of the President of the Republic remained unchanged. Thanks to that fact, the Constitution of the Republic of Srpska confirmed its vitality, and enabled the stable functioning of the state government. Although the semi-presidential system (of power) implies certain elements common to all variants, there are numerous specifics of its different manifestations. In this regard, one can observe the position of the President of the Republic of Srpska, who, in addition to immediate legitimacy, has vast and independent powers, which make him the true head of the executive branch. In light of these characteristics of the position of the President of the Republic, one can speak of a stronger semi-presidential form of government. Having in mind determinism of existing solutions, the similarity with comparative models, and bearing in mind certain specifics, the author is of the opinion that established solution should not be changed.

Uračunavanje roka dosjelosti prema stvarnom pravu u Bosni i Hercegovini i Republici Hrvatskoj-komparativna analiza

Author(s): Hamid Mutapčić / Language(s): Bosnian Issue: 10/2021

Unlike the previous real right, the new entity laws on real rightsprovide for the possibility of including the period of tenure in circumstanceswhen earlier and later tenants have different qualities of possession. Sucha legal solution is not acceptable from the viewpoint of general legal rulesthat classify residency into regular and irregular. In order to create a betterlegal solution, and to prevent the possible occurrence of different legalunderstandings and uneven practices in the application of law, the paperdetects legal shortcomings, and presents proposals de lege ferenda. Whenit comes to acquiring the right of ownership of immovable property on thebasis of tenure, these proposals are essential due to the current process ofreform of land registry law and the much-needed security in legal real estatetransactions

Napomene o uporednom pravu

Author(s): Husein Kavazović / Language(s): Bosnian Issue: 87/88/2020

Since the second half of the 19th century, there are ceaseless discussions about comparative law. They were particularly present among the legal methodologists and historicists, both on the East and the West. What is the comparative law: scientific discipline or a legal method? This work does not hold the ambition to judge neither of the opposed sides. Our aim is to present several remarks on the comparative law, that could be beneficial to those delving in comparative legal history. Medieval Muslim legal experts such as Ibn Rush left their contribution in the development of the comparative law and have likely influenced European legal experts to explore different legal traditions themselves. The benefit in researching the comparative law is not disputed by experts. The discission centered around whether this is a scientific discipline or legal method will remain present. However, this discussion is not harmful, because the results we obtain from comparative legal research are important.

A szerződés semmissége és megtámadhatósága a magyar és a román polgári törvénykönyvekben

Author(s): Zoltán József Fazakas / Language(s): Hungarian Issue: 2/2021

The validity as an essential element of contract is the basis for achieving the economic purpose set out in in it. Without validity there is no legal way to enforce the contractual content. In addition to the identity of the theoretical foundations of the legal institution of validity, significant differences can be observed between Romanian and Hungarian law. Those differences justify the performance of a comparative legal study beside several other specific reasons. The first of the this special reasons is the cross-border economic relations and the Hungarian legal society in Romania, which can play a ‚bridge’ in this matter. The real need for professional co-operation between members of the same mother tongue lawyers results summaries of the conceptual issues based on comparative legal studies. For theoretical, scientific and practical purposes the study outlines the basic issues of the nullity and avoidance of a contract, the partly different basic positions of the two legal systems, the grounds for annulment and the legal consequences.

Szükséges-e a béranyaság romániai törvényesítése?

Author(s): Szilárd Sztranyiczki / Language(s): Hungarian Issue: 3/2022

Maternity surrogacy aims to provide a child for one or more adults. This consists in the deliberate conception of a child, who is without a family of origin, by manipulating his birth and his biological mother to satisfy the desire of the beneficiary adults. Therefore, the legitimacy of surrogacy is at least debatable. However, considering the old realities of the current Romanian societies, in the present study we proposed by lege ferenda the possible implementation in the Romanian Civil Code of maternity-altruistic surrogate, under certain conditions.

Cenzúra a közösségi média tartalomszabályozási gyakorlatában

Author(s): Zsolt Kokoly / Language(s): Hungarian Issue: 1/2023

Rezolvarea problemelor de competență internă a instanțelor franceze „prin simpla mențiune în dosar”

Author(s): Radu Stancu / Language(s): Romanian Issue: 4/2023

Abstract: The Decree of 11 December 2019 on the reform of French civil procedure introduced a new mechanism allowing judges to arbitrate in a simplified manner on questions of jurisdiction within the same court. However, recourse to this mechanism may have various side effects, most notably giving the parties the opportunity to use it as a tool to achieve a dilatory effect of the proceedings without incurring any consequences.

PROCURORUL ÎN APELUL PENAL: ASPECTE DE DREPT COMPARAT

Author(s): Dumitru Calendari,Vitalie Jitariuc / Language(s): Romanian Issue: 57/2024

The public defender is central to law enforcement and justice in judicial systems around the world. In Courts of Appeal, the role and prerogatives of the prosecutor get special attention in a variety of legal contexts. In this article, we aim to explore and analyze comparative law aspects of the prosecutor’s involvement in criminal appeals. From his specific responsibilities to his influence on judicial decisions, how this function is shaped in different jurisdictions and how this may affect the process of justice process. By comparing practices and regulatory frameworks in different countries, we will be able to highlight similarities, differences and their impact on evolving justice systems.