Comments on R. v Reeves-Taylor (Agnes) (SC) on the application of "person acting in an official capacity" in the Criminal Justice Act 1988 s.134(1) to conduct by insurgent forces. Considers why Lord Reed's dissenting judgment might be preferred, by reference to the approach of international law authorities, rules of interpretation, inconsistency in decisions of the UN Committee Against Torture and the law's temporal scope of application.
In: Mark Fenwick, Mathias M. Siems, & Stefan Wrbka, eds., The Shifting Meaning of Legal Certainty in Comparative and Transnational Law (Oxford: Hart 2017)
Whereas Article 31 Paragraph (2) of the 1945 Constitution (before the amendment) is the legal basis for the formation of Law Number 2 of 1989 concerning the National Education System (Law on National Education System), furthermore based on the provisions of Article 31 Paragraph (2) of the Law. The 1945 Constitution of the Republic of Indonesia (UUDNRI 1945) resulted from the amendment that has formed Law Number 20 of 2003 concerning the National Education System (New National Education System) as a substitute for the National Education System Law. According to Article 58 paragraph (1) and paragraph (2) of the new National Education System, provisions related to "evaluation of student learning are carried out by educators (teachers), while student evaluation is carried out by independent institutions. In this case, it is carried out by the National Education Standards Agency (BSNP).Furthermore, as the implementation of the new National Education System, Government Regulation Number 19 of 2005 in conjunction with Government Regulation Number 32 of 2013 in conjunction with Government Regulation Number 13 of 2013 concerning National Education Standards, which in Article 66 paragraph (1) regulates the National Examination (UN ) organized by the government, in this case, the BSNP. Whereas according to the provisions of Article 58 paragraph (1) and paragraph (2) of the new National Education System, the evaluation of student learning outcomes and student evaluation is not the government's authority, in this case, BSNP. And BSNP was formed based on the Regulation of the Minister of Education and Culture Number 97 of 2013 concerning the National Education Standards Agency. Along with the development of the Covid 19 outbreak, the Minister of Education and Culture issued Circular Number 1 of 2021 regarding the Abolition of the National Examination in the Covid 18 situation, but along with the issuance of this circular the position of Article 66 paragraph (1) Government Regulation Number 13 of 2013 concerning The National Education Standards which are the basis for the implementation of the national examinations are still in effect, besides that the position of circulars in the statutory system is not included in one of the hierarchies of statutory regulations so that the elimination of the national exams itself creates legal uncertainty.Keywords: binoculars, certainty, law, negation, national examination.
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree at Strathmore University Law School ; This paper shall contrast two methods of judging, the first method being one that emphasises justice as the primary reason for the judge deciding in the manner that he/she did- justiceoriented judging- and the second being one that emphasises the promotion of certainty in the law- a legal certainty-oriented approach to judging. Additionally this paper shall tackle the implications of the prioritisation of justice-oriented judging on the legislature and the judiciary on the legal system.
This article examines the principle of legal certainty in the context of low-carbon investment in the electricity sector. It analyses the interpretation and functions of legal certainty as a constitutional principle of EU law and explores how they operate in the low-carbon transition. The analysis is conducted in the context of conflicting roles of law in the energy transition. On the one hand, the low-carbon transition requires new investment, which demands stable and predictable legal frameworks. On the other hand, the energy transition calls for the continuous development of legal frameworks to respond to the evolving energy sector. This continuous change is detrimental to the investment needed to finance the transition. This article argues that the principle of legal certainty can function as a means of anchoring these evolving and sometimes turbulent legal developments and reconcile the conflicting roles of law required by the energy transition, on the one hand, and investment certainty, on the other.
Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.
Includes bibliographical references. ; This thesis focuses on the lack of legal certainty with regard to the exercise of planning law mandates of the respective spheres of government in South Africa. An attempt is made to uncover the reasons for the lack of legal certainty by looking at the pre-1994 planning regime and the regulatory framework inherited by the new dispensation. Thereafter, the subsequent Constitutional and legislative developments are outlined and areas of confusion are identified. Reasons are given for why cooperative governance has failed to allay such confusion. Lastly, the subsequent attempts by the judiciary and the legislature are analysed to see whether they have successfully provided for the legal certainty needed.
The purpose of this study is to try to make the legal instruments for land use hold land disputes over land disputes. The research method used in research responsibilities is normative juridical. The results of this study suggest that land disputes that are formed are multi-dimensional and complex covering legal, economic, political, and social culture, national defense needs. Land administration is very important to reduce land disputes by following the land suitability regulations with article 19 paragraph (2) letter c of the UUPA Land certificates form public administration products, if disputes occur in the future, land dispute resolution and non-litigation land dispute resolution can be resolved. The part of the government that actively participates in the community helps to make an important contribution to public administration in Indonesia with land disputes and non-litigation process. This model of law enforcement seeks to realize legal certainty in order to create a sense of security, peace and harmony, the impact of order will encourage people to try and work well as an effort to improve the quality of their lives. This article finally looks at the development of law by means of harmonizing values to overcome the problem solving that does not exist, which is damaged or wrong, which is still lacking, congestion, and deterioration or a deterioration in circumstances. Win-win solutions are still strong enough and efficient to empower legal energy to resolve disputes in order to realize legal certainty and maintain social order in a culture.
The mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia maximizes all elements of development as an effort to realize the people's prosperity through the development of law in the field of investment in the perspective of regional autonomy in the border regions of the Republic of Indonesia. Border areas are a problem because legal certainty for investors has yet to find a meeting point for investment, especially in border areas, so it seems that government responsibilities are still minimal in efforts to equalize the welfare of its people. Normative juridical research methods using secondary legal materials produce a coherent legal science research in finding the truth, and the results of this study suggest that legal certainty does not accommodate the interests of development in border areas, causing a chain problem and an investment climate improvement is based on the fact that the lack the interest of foreign investors in Indonesia is caused by various obstacles, which in turn hinder the business of investors or cause the transfer of business to other countries. The author concludes to overcome economic problems, especially in investing, the government takes steps to encourage the competitiveness of national industries, through deregulation, bureaucratization, and law enforcement and business certainty. Therefore, through this paper, it is necessary to reform the legal rules by preparing regional regulations, especially in North Sulawesi relating to investment management in the border region, as a sample of study material that can provide legal certainty and protection for investors throughout Indonesia ; Amanat Pasal 33 UUD NRI 1945 memaksimalkan segala unsur pembangunan sebagai upaya perwujudan kemakmuran rakyat dapat melalui pembangunan hukum dibidang investasi dalam perspektif otonomi daerah dikawasan perbatasan Republik Indonesia. Daerah perbatasan menjadi persoalan karena kepastian hukum bagi investor masih belum menemukan titik temu untuk berinvestasi khususnya diwilayah perbatasan, sehingga terkesan masih minim tanggung jawab pemerintah dalam upaya pemerataan kesejahteraan rakyatnya. Metode penelitian yuridis normatif dengan menggunakan bahan hukum sekunder menghasilkan sebuah penelitian ilmu hukum yang sifatnya koheren dalam menemukan kebenaran, dan hasil penelitian ini mengemukakan bahwa kepastian hukum kurang mengakomodir kepentingan pembangunan daerah perbatasan sehingga menimbulkan masalah berantai dan diperlukan sebuah perbaikan iklim investasi didasarkan pada kenyataan bahwa kurangnya minat investor asing ke Indonesia disebabkan karena berbagai kendala, yang pada akhirnya menghambat usaha para investor atau menyebabkan pemindahan usaha ke negara lain. Penulis menyimpulkan untuk mengatasi persoalan ekonomi khususnya dalam berinvestasi, pemerintah melakukan langkah-langkah untuk dengan mendorong daya saing industri nasional, melalui deregulasi, debirokratisasi, serta penegakan hukum dan kepastian usaha. Olehnya melului tulisan ini perlu pembenahan aturan hukum dengan menyusun peraturan daerah di Sulawesi Utara yang berkaitan dengan pengelolaan investasi diwilayah perbatasan yang dapat memberikan kepastian dan perlindungan hukum bagi investor.
The question addressed by this article is whether it is possible to state that European adherence to legal certainty and American legal uncertainty make up the characteristics of the two distinct legal systems (common law and civil law). There is an inevitable certainty and uncertainty both in common law and civil law states. The law is based on the language which leads us to the "internal uncertainty of the language itself." This applies to the court practice, statutory law; nevertheless, the worldwide tendency regarding the usage of the plain language can be observed. It is also worth to support the idea that the law resembles a number of "legal formants". This means that legal analysis should take into account the legislation, court practice and legal academic works regardless of whether the legal system considers the latter as sources of law. Further research should focus on how these formants compete and interact with each other. Therefore, legal systems very rarely have only one correct key answer to a certain problem.Thus, legal reforms that nowadays appear to be fairly frequent and lead to system changes in the legal regulation, reveal the legal system instability. In addition, both the change of judicial practice and the dynamic approach (method) of legal interpretation are the display of legal uncertainty. But those are quite usual practices. In fact, the law is a phenomenon that depends on changes of public life. At the same time, legal certainty is an element of the rule of law without which, according to Professor Ronald Dworkin, a well-known American philosopher of law, it is impossible to understand the phenomenon of law as such. Therefore, legal certainty is also inherent to the law itself. It is realized in requirements to written legal texts (clarity, exactness, and availability of acts of legislation, court decisions, acts of subjects of imperious plenary powers) and in an attempt to provide the unity of judicial practice. As a result, the regarded elements of legal certainty and uncertainty are at the same degree specific both for common and civil law.Sometimes certain legal uncertainty is acceptable and even desirable. Countries have to balance between certainty and ability to adjust to the law.Article received 22.05.2018 ; У статті проаналізовано порівняння принципу правової визначеності в англосаксонській і континентальній правових системах. Чи можна протиставляти європейську правову визначеність американській правовій невизначеності? Які причини появи в американській школі правового реалізму заперечення правової визначеності? Чи справді існує така чітка відмінність між двома системами в розумінні правової визначеності?Матеріал надійшов 22.05.2018
The question addressed by this article is whether it is possible to state that European adherence to legal certainty and American legal uncertainty make up the characteristics of the two distinct legal systems (common law and civil law). There is an inevitable certainty and uncertainty both in common law and civil law states. The law is based on the language which leads us to the "internal uncertainty of the language itself." This applies to the court practice, statutory law; nevertheless, the worldwide tendency regarding the usage of the plain language can be observed. It is also worth to support the idea that the law resembles a number of "legal formants". This means that legal analysis should take into account the legislation, court practice and legal academic works regardless of whether the legal system considers the latter as sources of law. Further research should focus on how these formants compete and interact with each other. Therefore, legal systems very rarely have only one correct key answer to a certain problem.Thus, legal reforms that nowadays appear to be fairly frequent and lead to system changes in the legal regulation, reveal the legal system instability. In addition, both the change of judicial practice and the dynamic approach (method) of legal interpretation are the display of legal uncertainty. But those are quite usual practices. In fact, the law is a phenomenon that depends on changes of public life. At the same time, legal certainty is an element of the rule of law without which, according to Professor Ronald Dworkin, a well-known American philosopher of law, it is impossible to understand the phenomenon of law as such. Therefore, legal certainty is also inherent to the law itself. It is realized in requirements to written legal texts (clarity, exactness, and availability of acts of legislation, court decisions, acts of subjects of imperious plenary powers) and in an attempt to provide the unity of judicial practice. As a result, the regarded elements of legal certainty and uncertainty are at the same degree specific both for common and civil law.Sometimes certain legal uncertainty is acceptable and even desirable. Countries have to balance between certainty and ability to adjust to the law.Article received 22.05.2018 ; У статті проаналізовано порівняння принципу правової визначеності в англосаксонській і континентальній правових системах. Чи можна протиставляти європейську правову визначеність американській правовій невизначеності? Які причини появи в американській школі правового реалізму заперечення правової визначеності? Чи справді існує така чітка відмінність між двома системами в розумінні правової визначеності?Матеріал надійшов 22.05.2018
The question addressed by this article is whether it is possible to state that European adherence to legal certainty and American legal uncertainty make up the characteristics of the two distinct legal systems (common law and civil law). There is an inevitable certainty and uncertainty both in common law and civil law states. The law is based on the language which leads us to the "internal uncertainty of the language itself." This applies to the court practice, statutory law; nevertheless, the worldwide tendency regarding the usage of the plain language can be observed. It is also worth to support the idea that the law resembles a number of "legal formants". This means that legal analysis should take into account the legislation, court practice and legal academic works regardless of whether the legal system considers the latter as sources of law. Further research should focus on how these formants compete and interact with each other. Therefore, legal systems very rarely have only one correct key answer to a certain problem.Thus, legal reforms that nowadays appear to be fairly frequent and lead to system changes in the legal regulation, reveal the legal system instability. In addition, both the change of judicial practice and the dynamic approach (method) of legal interpretation are the display of legal uncertainty. But those are quite usual practices. In fact, the law is a phenomenon that depends on changes of public life. At the same time, legal certainty is an element of the rule of law without which, according to Professor Ronald Dworkin, a well-known American philosopher of law, it is impossible to understand the phenomenon of law as such. Therefore, legal certainty is also inherent to the law itself. It is realized in requirements to written legal texts (clarity, exactness, and availability of acts of legislation, court decisions, acts of subjects of imperious plenary powers) and in an attempt to provide the unity of judicial practice. As a result, the regarded elements of legal certainty and uncertainty are at the same degree specific both for common and civil law.Sometimes certain legal uncertainty is acceptable and even desirable. Countries have to balance between certainty and ability to adjust to the law.Article received 22.05.2018 ; У статті проаналізовано порівняння принципу правової визначеності в англосаксонській і континентальній правових системах. Чи можна протиставляти європейську правову визначеність американській правовій невизначеності? Які причини появи в американській школі правового реалізму заперечення правової визначеності? Чи справді існує така чітка відмінність між двома системами в розумінні правової визначеності?Матеріал надійшов 22.05.2018
This study is aimed to analyze legal certainty aspect of rural land consolidation in Kepuharjo village. Method of this study uses juridic empirical approach with descriptive analysis, data collection uses interview and compared with prevailing regulations.Results of this consolidation study in Kepuharjo village, District of Cangkringan, Regency of Sleman will be implemented in effort to improve ecobiological environment development in rural areas. Land consolidation is not only able to improve agricultural productivity, it is also able to improve standards of life of rural families. Output of land consolidation will be land ownership certificate, with object legal power, right on land legal power and subject legal power. Legal power in this consolidation is also constructed on land orderliness, specifically in land administration which in turn it will facilitates varied land-based activities and also land conflict resolution. Problems observed is the less attention on spatial order requirements by which recommend any developmental activities which must be based on General Plan of Spatial Order (RUTR) with varied derivatives legalized in local Regional Regulation.
