Pub Date : 2023-12-13DOI: 10.20961/yustisia.v12i3.79443
O. Volobuieva, Yevhen Leheza, Vita Pervii, Yevhenii Plokhuta, Roman Pichko
Drug addiction in Ukraine has been showing signs of an epidemic and represents one of the potential threats to Ukraine's national security. This article highlights the regulation of the ratio of criminal and administrative liability as to countering offences in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors. The research method is presented as comparative-legal (legislation of Ukraine, Holland, Germany, Italy, Spain, Switzerland, Netherlands, Austria, Portugal and Finland) and systematic analysis. The sanctions for drug crimes provided for in the legislation, countries are divided into three groups, namely hard policy group, strict control group, and liberal group. Summing up the analysis of the legal regulation of the fight against drug crime in different countries, it should be noted that international legal acts govern most countries' legislation. At the same time, the legislation and executive system of punishments of various states in combating drug crimes are specific, due not so much to the country's national characteristics but to the concretely formed criminogenic situation in this area.
{"title":"Criminal and Administrative Legal Characteristics of Offenses in The Field of Countering Drug Trafficking: Insights from Ukraine","authors":"O. Volobuieva, Yevhen Leheza, Vita Pervii, Yevhenii Plokhuta, Roman Pichko","doi":"10.20961/yustisia.v12i3.79443","DOIUrl":"https://doi.org/10.20961/yustisia.v12i3.79443","url":null,"abstract":"Drug addiction in Ukraine has been showing signs of an epidemic and represents one of the potential threats to Ukraine's national security. This article highlights the regulation of the ratio of criminal and administrative liability as to countering offences in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors. The research method is presented as comparative-legal (legislation of Ukraine, Holland, Germany, Italy, Spain, Switzerland, Netherlands, Austria, Portugal and Finland) and systematic analysis. The sanctions for drug crimes provided for in the legislation, countries are divided into three groups, namely hard policy group, strict control group, and liberal group. Summing up the analysis of the legal regulation of the fight against drug crime in different countries, it should be noted that international legal acts govern most countries' legislation. At the same time, the legislation and executive system of punishments of various states in combating drug crimes are specific, due not so much to the country's national characteristics but to the concretely formed criminogenic situation in this area.","PeriodicalId":146999,"journal":{"name":"Yustisia Jurnal Hukum","volume":"30 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139004712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-12DOI: 10.20961/yustisia.v12i3.71520
Bambang Soesatyo, Kadir Johnson Rajagukguk, Heri Wahyudi
Indonesia is a state that openly engages with the opportunities and challenges of global economic liberalization. Several issues arise when international legal interventions clash with the identity, values, and interests of indonesian nation. Therefore, this study aimed to strengthen the national foundation in facing globalization and and ushering in a prosperous era for Indonesia. This doctrinal study was conducted using a conceptual approach, with the perspective regarding the role of law in economic development. It also examined the importance of robust legal foundation to maintain national stability in the midst of global economic changes. The results showed that national legal development was crucial to realizing aspirations for unity, sovereignty, justice, and prosperity. Four pillars of MPR-RI could serve as a guide for every citizen to foster nationalism in the midst of rapid globalization. Furthermore, the spirit of legal foundation in four pillars could guide the formulation of national policies that accommodated global interests without forsaking the identity, values, and interests of indonesian nation. The idea of four pillars was also developed as the basis for the philosophy of national economic legal development. The results were expected to guide all stakeholders in constructing economic law in Indonesia, thereby achieving prosperity for the entire population.
{"title":"Building Legal Foundation for a Prosperous Indonesia: Insights from MPR-RI Four Pillars","authors":"Bambang Soesatyo, Kadir Johnson Rajagukguk, Heri Wahyudi","doi":"10.20961/yustisia.v12i3.71520","DOIUrl":"https://doi.org/10.20961/yustisia.v12i3.71520","url":null,"abstract":"Indonesia is a state that openly engages with the opportunities and challenges of global economic liberalization. Several issues arise when international legal interventions clash with the identity, values, and interests of indonesian nation. Therefore, this study aimed to strengthen the national foundation in facing globalization and and ushering in a prosperous era for Indonesia. This doctrinal study was conducted using a conceptual approach, with the perspective regarding the role of law in economic development. It also examined the importance of robust legal foundation to maintain national stability in the midst of global economic changes. The results showed that national legal development was crucial to realizing aspirations for unity, sovereignty, justice, and prosperity. Four pillars of MPR-RI could serve as a guide for every citizen to foster nationalism in the midst of rapid globalization. Furthermore, the spirit of legal foundation in four pillars could guide the formulation of national policies that accommodated global interests without forsaking the identity, values, and interests of indonesian nation. The idea of four pillars was also developed as the basis for the philosophy of national economic legal development. The results were expected to guide all stakeholders in constructing economic law in Indonesia, thereby achieving prosperity for the entire population.","PeriodicalId":146999,"journal":{"name":"Yustisia Jurnal Hukum","volume":"43 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139008144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-12DOI: 10.20961/yustisia.v12i3.79345
Agus Widyantoro, Moch. Marsa Taufiqurrohman, Xavier Nugraha
The absence of legal certainty in the application of the pari passu pro rata parte principle in the distribution of bankrupt accounts in Indonesia has given rise to uncertainty regarding the protection of the rights of laborers whose employers or companies have faced bankruptcy. This article considers that Indonesia requires a set of formulations enabling the state to provide legal protection for the rights of laborers affected by employer or company bankruptcy. The article explores the feasibility of adopting the Francovich Principle in Indonesia, defining it as a principle holding the state accountable for the losses incurred by laborers due to company bankruptcies. The article concludes that several conditions must be met to apply the Francovich Principle, including the establishment of a guarantee institution, the obligation for financial contributions from companies, and the implementation of specific measures to prevent abuse. The state’s effort to adopt the Francovich Principle involves establishing a priority scale in drafting laws related to the Francovich Principle into the Priority National Legislation Program. Furthermore, the government needs to revitalize institutions related to the Francovich Principle within the national legal and regulatory system
{"title":"The Francovich Principle as the Basis of State Responsibility for Laborer Loss Due to Company Bankruptcy","authors":"Agus Widyantoro, Moch. Marsa Taufiqurrohman, Xavier Nugraha","doi":"10.20961/yustisia.v12i3.79345","DOIUrl":"https://doi.org/10.20961/yustisia.v12i3.79345","url":null,"abstract":"The absence of legal certainty in the application of the pari passu pro rata parte principle in the distribution of bankrupt accounts in Indonesia has given rise to uncertainty regarding the protection of the rights of laborers whose employers or companies have faced bankruptcy. This article considers that Indonesia requires a set of formulations enabling the state to provide legal protection for the rights of laborers affected by employer or company bankruptcy. The article explores the feasibility of adopting the Francovich Principle in Indonesia, defining it as a principle holding the state accountable for the losses incurred by laborers due to company bankruptcies. The article concludes that several conditions must be met to apply the Francovich Principle, including the establishment of a guarantee institution, the obligation for financial contributions from companies, and the implementation of specific measures to prevent abuse. The state’s effort to adopt the Francovich Principle involves establishing a priority scale in drafting laws related to the Francovich Principle into the Priority National Legislation Program. Furthermore, the government needs to revitalize institutions related to the Francovich Principle within the national legal and regulatory system","PeriodicalId":146999,"journal":{"name":"Yustisia Jurnal Hukum","volume":"3 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139007731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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