Suchergebnisse

The characteristic features of modern banking law and its place in the national law. The structure of the legal system. Clarified the issue of banking relationship with the legal rights of the units : the rule of law, the institution of law, sub-sector and the field of law. Methods are defined with respect to the legal regulation of banking, such as a method of government regulations, administrative and regulate the power relations between the NBU and commercial banks, and the method of autonomy, that is, legal equality of the parties where applicable civil legal method of regulating social relations. defined legal acts regulating banking activity. Determined that the banking law is a complex interdisciplinary institute that combines norms of administrative, financial, civil and commercial law governing the relationship between the banks and corporations and individuals, as well as coordinate the relationship between the commercial banks and establish a procedure for submission of commercial banks to the National Bank of Ukraine

The thesis of the present paper is that the future of law in this country is dependent upon the solution of the problem of international security and that without this solution we must expect to see a progressive decline in the rule of law and a probably unlimited growth at an increasingly rapid rate of official discretionary power with all the dangers to national liberty which such a development would entail. The problem springs from the effect of total war which itself has derived from the application of technological discoveries to war upon an anarchical world society, i. e., a world society lacking in adequate organs of government. One of four papers delivered at the Legal Institute of the Seattle Bar Association held at the University of Washington Law School on April 7, 1944.

The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.

Development of National Law in the Republic of Indonesia, in the post-reform era, experienced a pretty great struggle, due to the lack of strength and lack of comprehensiveness of the government's efforts to fight for smooth reform, characterized by various improper behaviors, which were not based on values contained in the precepts of the Pancasila. Based on this concern, an effort is needed to better understand the values that exist in the precepts of the Pancasila. These values actually exist in the life of Indonesian people which are divided into various ethnic cultures. The aim is to find out the various events that occur due to a lack of understanding of multiculturalism which causes justification for wrong behavior. Therefore, this multiculturalism understanding is positioned as a grand strategy in the realization of Pancasila, so that cultural understanding and interaction will support national law development. The research method uses a qualitative, descriptive analysis approach, which is carried out methodologically, sociologically, and historically. Data collection uses primary study in the form of literature and secondary studies in the form of various philosophers of state administration. Approaches from various aspects, such as philosophical aspects (philosophy approach), legislation (statute approach). Conclusions and implications of problems that occur in multicultural understanding and constitutional awareness.

This paper tries to describe an attempt to retrace sharia science position in national law development. As part of Islamic law and national legal subsystem application, the position of sharia science is very strategic and significant. The existence and position of shari'ah science is not solely lies in theoretical development through academic studies, but practically can coloring positive law formation. The sharia application is not only individual normative obligations, but also a collective obligation that involves academics, legal practitioners, and the government. Theoretically and practically, the position of sharia science in the formation of national legislation can be seen from three aspects which are: substance, structure, and culture.

This paper undertakes a praxiological study (practice based approach) of Muslim "religious tribunals", Shari'ā Councils and Muslim Arbitration Tribunals (MATs) not part of the UK law. Some Western scholars maintain that traditional shari'ā law is discriminatory on issues of gender equality, in particular, with reference to Muslim family law. It is important to examine the shift from the "true narratives" of the Qur'ānic Model (QM) to the "living practice"; co-construction of "true narratives" with the QM.This paper argues that discrimination can be eliminated through the QM by adopting the interpretive/hermeneutical approach. Praxiological/practice based approach (PBA) in this study has identified that discrimination does exist in the "living practice" of traditional shari'ā law.This study treats the Qur'ān-Sunnā as complementary sources to each other because this has important implications with reference to "wife beating" verse in the Qur'ān (Q.4:34). PBA enabled to identify the specifics of discrimination that occur. Thesecular-religious debate has been politically influenced, for example, inequality issue for women seeking advice from RTs. BaronessCox has introduced the Arbitration and Mediation (Equality) Services Bill (HL) 2014-15 that went through its first reading on 11 June 2014. The Bill addresses gender discrimination within Muslim religious tribunals and the parallel legal system.

This law states that the government will set policy related to nuclear material and will exercise the functions of research and development, regulation and control, with respect to nuclear materials, through the National Atomic Energy Commission and Nuclear Regulatory Authority.

This study wants to examine the suitability of Aceh Qanun with National Law related to the Hierakicity of laws and regulations in Indonesia. In theory it is possible that the Aceh Government can build its own hierarchies that are not the same as the Central Government. This relates to the authority of the Aceh Qanun which is not the same as the Regional Regulation but the hierarchy that is built but meets the basic norms of the Indonesian constitution. There are two focuses which are the focus of this research. First, what is the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh? Second, What Is the Future of Law in Aceh? The results of the first research, the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh is expected to be able to build Aceh better because of the presence of Law Number 18 Year 2001 and Law Number 11 Year 2006 regarding new hopes for the people of Aceh itself specifically in the field of Islamic sharia. Second, the future of law in Aceh in the discussion of legal development, is greatly developing from creating new norms in Aceh Qanun Number 6 of 2014 concerning Jinayah Law, because regulating jinayah law in Aceh does not have to draw the Criminal Code or the Criminal Procedure Code.

This study aimed to explain the existence of sharia-based regional regulations and discuss the form of legal system regulation of sharia-based regional regulations in Indonesia. After the reformation, changes in the legal system in Indonesia began, especially the change from a centralized pattern to a decentralized one and the granting of regional autonomy authority, this was marked by the issuance of regional regulations based on the needs of each region. The next problem is the emergence of the desire to establish sharia-based regional regulations such as in Aceh, South Sulawesi, and West Java which invites legal discourse on the legal system in Indonesia. This study used a qualitative method with a normative legal approach. The subjects of this study were the namely elements of the Central and Regional Government, and Members of the DPRD. In addition, information was also collected from scholars, academics, and legal practitioners. The research procedure was carried out in four steps: observation, in-depth interviews, and documentation. The data were analyzed using an inductive model. The research findings showed that; first, the implementation of post-reform Islamic Shari'a cannot be separated from the increase in democratic life in Indonesia. Second, the application of Islamic Shari'a is the desire of the community as the foundation and order of social, national, and religious life. Third, the application of sharia-based regional regulations in addition to being elite political capital is also part of increasing identity and cultural revival and social life of the community.

Establishing national laws by integrating the objectives of establishment of national laws and uniting it by taking into account the cultural diversity of the population; the main diversity and priority of concern is the diversity of Religion. Indonesia has a population whose majority are Muslim sociologically is a presentation of the soul Indonesian people, so it would be nice if the politics of Islamic law becomes a reference for Indonesian law to be applied in Indonesian positive law. The main of Establishment of Political Law is that there are Islamic values in every National Law, so legal drafters who have Islamic Values are needed. It also needed the participation of Islamic Universities in preparing legal drafter.

Declarations on Sustainability in Higher Education (SHE) can be viewed as a piece of international regulation. Over the past 30 years research at universities has produced convincing data to warn about deterioration of the environment, resource scarcity and the need for sustainability. This in turn, has put a counter pressure on the university, forcing it to review its role as a driver for sustainable development. Today, universities and intergovernmental institutions have developed more than 31 SHE declarations, and more than 1400 universities have signed a SHE declaration globally. However, it is well known that signing a declaration does not necessarily lead to implementation. This is due to the lack of incentive structures. The article examines the discursive interaction between university and intergovernmental declarations that form the basis for the design of sustainable universities. Declarations tend to have impact on three trends. Firstly, there is emerging international consensus on the university's role and function in relation to sustainable development; secondly, the emergence of national legislation, and thirdly, an emerging international competition to be leader in sustainable campus performance.

The idea that European integration involves 'spillover Effects' is almost as old as the EU Treaties themselves: the evolution of the Treaties from the narrow beginnings of the European Coal and Steel Community (ECSC) in 1952 was predicted by some contemporary sages to be the result of various political and economic spillovers from the operation of the ECSC, its policies and institutions. While this evolutionary road was not always as smooth as some might have liked, the advent of the European Economic Community and the European Atomic Energy Community Treaties in 1957 can be seen as at least in part a response to the growing economic and political interaction between states in Europe; and the subsequent evolution of EU law at the EU legislative and judicial level has oft en been Effected by the use of Treaty bases to respond to social and economic developments precipitated by the application of the general rules of those Treaties over time.

The purpose of this study is to examine the existence of customary law in terms of Pancasila values in the development of national law and what factors influence the existence of customary law in terms of Pancasila values in the development of national law. The research method used is normative juridical. The Indonesian people have succeeded in carrying out legal reforms to the constitution. Legal reform must continue with the formation and renewal of laws replacing Dutch legacy laws. Having its own laws for the Indonesian people can reveal national identity. Legal development simply implies efforts to make improvements from unfavorable conditions to better ones. According to this understanding, development can be meaningful with renewal. Reform is an effort to reorient and reform something that will be pursued through policy. The development of national law is the process of building a legal system and its instruments. The development of national law must be able to replace all Dutch Colonial product laws replaced with their own product laws. Legal development cannot be separated from legal politics, because it is a direction in making and enforcing laws in order to achieve national goals and objectives. Law as mentioned in the Oxford English Dictionary is a collection of rules either as a result of formal legislation or custom, in which a certain state or society claims to be bound as members or as subjects. Law is a behavioral control system (ethical control). The legal form is a norm which is the product of a center of power that has the authority to create and apply the law. Law as a unidirectional control system carried out by a central organ that has power. Unidirectional control implies that control only takes place from a certain organ that is given the capacity and function for it. Unidirectional control is also automatic-mechanical that guides behavior.

The EU Enforcement Directive provides a set of provisional measures to be applied upon request from a right-holder of a particular object of intellectual property. Simultaneously, the EU Enforcement Directive envisages a set of defences for an alleged infringer (defendant) in order to safeguard the balance of the parties. This article discusses available defences for an alleged infringer in the provisional measures as provided by the EU Member States when the norms of the EU Enforcement Directive are transposed. Specifically, the present article not only focuses on the threshold of evidence to be presented by a plaintiff for the application of provisional measures, but also in regard to a set of available motions that could be lodged by an alleged infringer. This article argues that though the EU Enforcement Directive should provide harmonisation of national law in relation to provisional measures (in addition to other civil remedies under that Directive), the currently existing disparities among EU Member States demonstrate that such an aim is far from being achieved. Therefore, application of provisional measures throughout EU depends on the national law and, in the result, its practical outcome varies from one EU Member State to another.

This article aims to examine the review of Islamic Law and National Law on civilservants pasca cerai. The type of research used in this study is field research using a sociological approach. This research was conducted at the Belopa Religious Court, South Sulawesi. The results of the study found that the judge at the Belopa Religious Court in deciding divorce cases for civil servants in terms of salary distribution did not apply Government Regulation No. 10 of 1983 jo Government Regulation No. 45 of 1990 as the rule was as a special rule for civil servants in terms of marriage and divorce. mut'ah, maskan, and hadhanah. Law enforcement and justice to law enforcement should socialize related to legal problems that often occur, so that ordinary people can understand the legal consequences they cause in living in society. Thecommunity must be able to understand the legal consequences that result from its divorce, especially to civil servants.