Suchergebnisse

After the enactment of the Law of Government Administration implied the regulation concerning the execution of the Administrative Court Judgment. Some pro-cons academic and practice discourses, arguing that the enactment of the Law of Government Administration is the culminating point from the limited role of the Administrative Court on enforcing the administrative law and the argument that the regulation of the Law of Government Administration contains various ambiguities norms in concern with implementation in the Administrative Procedural Law System. This study aims to analyze and discuss concerning the regulation of the provisions of the Administrative Court Ruling execution, constrains in judgment execution and the legal certainty for the justice seekers in the provisions of the Administrative Court Ruling execution after the enactment of the Law of Government Administration. This paper is using a normative and empirical method. The data that using consisted of primary and secondary data, were analyzed using qualitative methods. This study result is presented in a descriptive analysis paper.

Abstract
Hobbes treats individual property as regulated by stable law, yet dependent on the arbitrary will of the sovereign. In this paper I catalogue the different definitions of property present in his main political and legal works – The Elements of Law (1640), De Cive (1642, 2nd ed. 1647), Leviathan (1651) and A Dialogue between a philosopher and a student (1681) – with the aim of showing how he attempted to square those commitments. I record how the definitions of property affect his views about how sovereigns hold property, the nature of the liability of subjects to having their property confiscated by the sovereign, and the legal conflicts that may arise between subjects and their rulers regarding such confiscations.

This bookprovides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessingwhether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Contents -- List of Contributors -- The Shifting Meaning of Legal Certainty -- 1 The Shifting Meaning of Legal Certainty -- 2 Chapters -- Part I: Perspectives from Private Law -- Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law -- 1 Introduction -- 2 The Notion of Legal Certainty in General and in Private Law in Particular -- 3 Legal Certainty Discussed with the Example of EU Private Law -- 4 Legal Certainty Discussed with the Example of Austrian Private Law -- 5 Legal Certainty Discussed with the Example of Japanese Private Law

N/A

Intro -- Acknowledgments -- Contents -- About the Author -- Abbreviations -- List of Figures -- List of Tables -- Chapter 1: Introduction -- 1.1 Monetary Stability in Latin America -- 1.2 Outline -- References -- Chapter 2: Legal Certainty -- 2.1 Introduction -- 2.2 The Principle of Legal Certainty and the Rule of Law -- 2.2.1 The Rule of Law and the Law -- 2.2.1.1 Objectives of the Rule of Law -- 2.2.1.2 The State and the Law -- 2.2.1.3 The Problems of the Estado de Derecho in Latin America -- 2.2.2 Legal Certainty and the Rule of Law -- 2.2.2.1 Understanding Legal Certainty -- 2.2.2.2 Legal Certainty in Latin American Law -- 2.2.2.3 A Brief Note on Legal Rules Versus Principles -- 2.3 Notions of Legal Certainty -- 2.3.1 Formal Legal Certainty -- 2.3.1.1 Definition and Importance -- 2.3.1.2 Formal Legal Certainty and Law Making -- 2.3.1.3 Characteristics -- Clarity -- Coherence -- Stability -- 2.3.2 Substantive Legal Certainty -- 2.3.2.1 Definition and Importance -- 2.3.2.2 Substantive Legal Certainty and Law Applying -- 2.3.2.3 Accessibility of the Legal Rules and Law Finding -- 2.3.3 Subjective Legal Certainty -- 2.4 Legal Certainty and Other Principles of Law -- 2.4.1 Legal Certainty and the Principle of Non-Retroactivity -- 2.4.2 Legal Certainty and the Protection of Legitimate Expectations -- 2.5 Summary -- Legal References -- Constitutions -- Legislation -- Argentina -- Colombia -- Chile -- Mexico -- Peru -- Case Law -- ICSID -- UNCITRAL -- Corte Suprema de Justicia de la Nación [Supreme Court of Justice of Argentina] -- Supremo Tribunal Federal do Brazil [Supreme Federal Court of Brazil] -- Tribunal Constitucional de Chile [Constitutional Tribunal of Chile] -- Corte Constitucional de Colombia [Constitutional Court of Colombia] -- Tribunal Constitucional del Perú [Constitutional Tribunal of Peru] -- References.

In this article doctrinal approaches to the concept of legal safety are analyzed. In domestic jurisprudence legal safety, as a rule, is considered, first, as safety is right (a legal system, positive law) and, secondly, as legal security (security the right) from the most various threats.
Meanwhile, in the first case the subject approach to a problem is almost completely ignored, and legal safety is presented in the form of set of certain requirements to quality of the law. In the second - the concept of legal safety excessively extends as practically all spheres of public life are to a degree covered by legal regulation. From this point of view the subnotion of legal safety gets, for example, ensuring labor protection or criminal protection of interests of society and the person.
At the same time both approaches don't consider "a human factor": the person in this case is considered only as subject to protection. In this regard legal safety is considered as "part" or "component" of national security. At the same time, there is also an alternative point of view which was developed mainly in the foreign doctrine. According to her legal safety is considered as security of the personality from legal risks. From this point of view legal safety assumes lack of retroactive effect of the law, maintenance of legitimate trust, etc. In this sense legal safety approaches a concept of legal definiteness.
On the basis of the analysis of the scientific points of view and legal positions of the Constitutional Court of the Russian Federation the authors come to a conclusion that legal safety represents the requirement of the actual or material legal definiteness. The fundamental principle of such material definiteness - maintenance of trust to the law and actions of public authorities that assumes not only formal aspect of lack of retroactive effect of the law, but also verification of the positive legislation of the rights which are rather affirmed by the constitution and freedoms of the person and citizen.

The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment.

The purpose of this study were 1) to analyze and explain the legal certainty of the notary who leave because inducted into the legislature. 2) To analyze and explain the barriers and solutions to the notary who leave because inducted into the legislature. The method used by researchers is normative legal approach and specification in this study were included descriptive analysis. The sources and types of data in this research is secondary data obtained from the study of literature. Based on the results of research that Legal certainty to the notary who leave because inducted into the legislature is always referred substitute notary replaced and the decree was not revoked. Normative, legal certainty it requires the availability of devices legislation which is operationally able to support its implementation. Empirically the existence of legislation that need to be consistent and inconsistent human resources and supporting Notary Supervisory Council. In the execution of a notary who leave because inducted into the legislative, which makes barriers in this issue, namely: a) Could not intensively guiding the deed made by the notary substitute; b) Can not make corrections formal and substantive evidence against the deeds were made but the name remained imprinted substitute notary; c) Can not guarantee against legal certainty to the deed made by the notary substitute; d) Can not / are not able to use the time off was good. Solutions to overcome barriers to notaries who leave because inducted into the legislature is to reinforce the requirement for nominating a member legislative, not just for not practicing (on leave) but with resignation as a notary or PPAT and release all the attributes (nameplate, office practices, and so on ).Keywords: Rule of Law; Notaries; Leave; Legislature.

The enforcement of the obligation to use the Indonesian language in international commercial contracts, which is a mandate from Act No. 24 of 2009 regarding the National Flag, Language, Coat of Arms, and Anthem, has become an issue and been brought to court. The Supreme Court finally decided in 2015 that an English language international commercial contract is void. The decision has provided clarity on the controversy after seven years of enforcing this obligation due to the lack of implementing a regulation that could further explain the phrase "must" in the provision of Article 31 of said law, which led to multiple interpretations among stakeholders. Although precedent is not recognized in Indonesia, this issue still brings uneasiness among investors, especially foreign ones. In facing this issue, this article discusses what steps must be taken by investors to avoid a lawsuit demanding the annulment of their foreign language contracts. Government Regulation 57/2014 (2014), as an ancillary of Act 24/2009, is silent on the use of the Indonesian language in international commercial contracts. This article therefore argues that a presidential decree to implement the regulation as mandated by Article 31 of Act 24 of 2009 should be enacted immediately to provide legal certainty to foreign investors who may have contracts with Indonesian private parties.