首页 > 最新文献

Varia Justicia最新文献

英文 中文
Unlawful Administrative Act: Indonesian Administrative Law Perspective 非法行政行为:印尼行政法视角
Pub Date : 2021-09-02 DOI: 10.31603/variajusticia.v17i2.5172
Putu Gede Arya Sumerta Yasa, Wita Setyaningrum, Kadek Agus Sudiarawan
This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.
本研究旨在分析和检验政府官员违法行为的含义以及国家行政法院在处理与政府官员违法违规行为有关的案件时的权力。本研究采用了法定方法和概念方法进行规范性法律研究。本研究使用的主要法律材料包括《印度尼西亚民法典》(Burgerlijk Wetboek),最高法院条例(以下简称PERMA)2019年第2号关于政府行为争议解决指南和政府委员会和政府官员审理非法行为的权力(onrechtmatige overheidsdad),以及2009年第51号法律,涉及1986年第5号法律的第二次修正案,该法律涉及国家行政法院分析与政府官员违法行为的含义以及国家行政法院根据现行法律处理与政府官员违法违规行为有关的案件的权力。概念方法取自Burgerlijk Wetboek中onrechmatigedaad的含义。本研究表明,最高法院2019年第2号法规(以下简称PERMA)中提到的政府官员违法行为的争议解决包括争议解决程序,该程序应通过国家行政法院提交。其中规定,审理政府委员会或政府官员违法行为争议的权力可以通过国家行政司法机构解决。
{"title":"Unlawful Administrative Act: Indonesian Administrative Law Perspective","authors":"Putu Gede Arya Sumerta Yasa, Wita Setyaningrum, Kadek Agus Sudiarawan","doi":"10.31603/variajusticia.v17i2.5172","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5172","url":null,"abstract":"This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48578645","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}
引用次数: 0
The Legal Certainty on Freedom of Foreign Football Player Transfer in Indonesia: Learning of Bosman Ruling 印尼外籍球员转会自由的法律确定性——从博斯曼裁决谈起
Pub Date : 2021-09-02 DOI: 10.31603/variajusticia.v17i2.5621
Rizki Habibulah, Ming-Hsi Sung
The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.
博斯曼的裁决意味着球员可以在合同结束后转会到新俱乐部,而无需向前俱乐部支付任何费用。如果球员与现有俱乐部的合同还剩六个月或更短时间,那么球员现在可以同意与另一家俱乐部签订自由转会的预合同。这意味着博斯曼裁决是体育法中合同自由方面的先驱。根据2005年关于印度尼西亚国家体育制度的第3号法律,印度尼西亚的问题是没有关于印度尼西亚体育会员合同自由的规定。有些案件违反了博斯曼对外国足球运动员达米安·林齐奥的裁决。达米安·林齐奥无法解决他的问题,因为印尼没有与博斯曼裁决问题有关的法规。本研究旨在以2005年第3号《国家体育制度法》为基础,将博斯曼裁决纳入印尼体育法。博斯曼裁决在体育法中具有重要意义,因为它规范了合同自由。本研究的类型是规范性法律研究。规范性法律研究是一个寻找法治、法律原则和法律学说的过程,以解决外国球员在自由转会中面临的平等待遇的法律问题,将博斯曼裁决引入印尼体育法的必要性,研究达米安·林齐奥的案件并将案件提交体育仲裁法庭。本研究发现,印尼需要将合同自由先驱博斯曼裁决适用于印尼体育法。2005年关于印度尼西亚国家体育系统的第3号法律可对博斯曼裁决进行修改。对于达米安·林齐奥,作者建议将案件提交体育仲裁法庭,因为他们更有能力解决体育案件。
{"title":"The Legal Certainty on Freedom of Foreign Football Player Transfer in Indonesia: Learning of Bosman Ruling","authors":"Rizki Habibulah, Ming-Hsi Sung","doi":"10.31603/variajusticia.v17i2.5621","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5621","url":null,"abstract":"The Bosman ruling means that players could move or transfer to a new club at the end of their contract without paying their former clubs any fee. A player can now agree with a pre-contract with another club for a free transfer if the players' contract with their existing club has six months or less remaining. This means that the Bosman Rulingis a pioneer in the freedom of contract aspect in sports law. According to Law Number 3 of 2005 on National Sports System in Indonesia, the problem in Indonesia is that there is no regulation regarding the freedom of contract for the sporting member in Indonesia. Some cases violate the Bosman Ruling against foreign football players Damian Linzio. Damian Linzio cannot solve his problems because there is no regulation related to Bosman Ruling issues in Indonesia. This Research aims to adapted Bosman Ruling into Indonesian Sports Law based on Law Number 3 of 2005 concerning the National Sports System. Bosman Ruling is very important in sports law because it regulates the freedom of contract. The type of this research is normative legal research. Normative legal research is a process to find the rule of law, principles of law, and the legal doctrines to address the legal issues faced equal treatment of foreign players in freedom to transfer, the need to introduce bosman ruling into indonesian sports law, study case of damian linzio and bring the case to the court of arbitration for sport. This research found that Indonesia needs to apply Bosman Ruling as the pioneer of freedom of contract to Indonesian Sports Law. Bosman Ruling can be adapted in Law Number 3 of 2005 on the National Sports System in Indonesia. For Damian Linzio, author recommend to bringing the case to Court of Arbitration for Sport because they are more competent to resolve sports cases.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46208055","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}
引用次数: 0
International Humanitarian Law Perspective on Un-Targeting Attack 非目标攻击的国际人道主义法视角
Pub Date : 2021-08-31 DOI: 10.31603/variajusticia.v17i2.5674
Try Hardyanthi
The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations.  They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.
叙利亚冲突始于2011年1月26日。起初,叙利亚的冲突是巴沙尔·阿萨德政府和反抗军之间的内部冲突,战争的演变始于对支持改革的和平抗议活动的暴力和残酷镇压,后来演变成反对巴沙尔·阿阿萨德政权的武装起义,并已演变成一场涉及国家和非国家行为者的地区冲突。在冲突的发展过程中,一些方面进行了干预,为巴沙尔·阿萨德提供支持。俄罗斯是对叙利亚进行干预的国家之一。在2015年9月和2016年10月初发生在叙利亚的武装冲突中,包括4000名叙利亚平民在内的9000多人在俄罗斯的空袭中丧生。《国际人道主义法》规定了对冲突受害者的保护以及对战争手段和方法的限制。本研究旨在确定国际人道主义法在叙利亚实施无目标袭击时的障碍。此外,本研究试图揭示俄罗斯和叙利亚这两个国家对非目标袭击造成的损失和伤害的责任。结果表明,叙利亚案件执法障碍造成的叙利亚不是几个国际公约的缔约国。因此,这些公约在叙利亚武装冲突中并不正式适用。根据国际人道主义法,叙利亚政府应对发生在叙利亚的非针对性袭击负责,并要求对此类侵犯行为造成的损失或伤害作出充分赔偿。他们必须对非目标攻击造成的损失或伤害作出充分赔偿。此外,属于一个组织或国家的个人在法律面前负有个人责任。然后,联合国安理会必须执行《联合国宪章》第四十一条和第四十二条,并将联合国安理会作为维护国际和平与安全的主要机构。
{"title":"International Humanitarian Law Perspective on Un-Targeting Attack","authors":"Try Hardyanthi","doi":"10.31603/variajusticia.v17i2.5674","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5674","url":null,"abstract":"The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations.  They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44299322","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}
引用次数: 0
Legal Politics Deconcentration Study on Post-Reform Regional Development Planning 改革后区域发展规划的法制政治分权研究
Pub Date : 2021-08-27 DOI: 10.31603/variajusticia.v17i2.5191
Habib Muhsin Syafingi
The principle of deconcentration is a necessity in the era of decentralization to ensure the establishment of Indonesian unitary state. The dynamics of drafting laws and regulations are actually an effort to find the most appropriate format in managing the relationship between the centre and the regions, in the sense of how to accommodate the centre's interests without stifling creativity and regional initiatives in planning development. This article tries to examine the dynamics of deconcentration in post-reform regional development planning. The period is divided into the 2004-2014 and 2014-2019 periods, each period marked by the issuance of a series of laws and regulations, each period reflecting a certain policy direction (legal politics) of deconcentration. This research is normative juridical research with a statutory approach in which the data obtained will be analyzed qualitatively and presented descriptively. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization. The similarity in these two eras is that the implementation structure of deconcentration still overlaps with the structure of decentralization, thus allowing confusion and overlapping. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization.
分权原则是在分权时代确保印尼单一制国家建立的必要原则。起草法律和法规的动态实际上是为了找到管理中央和地区之间关系的最适当形式,即如何在不扼杀规划发展的创造力和区域倡议的情况下适应中央的利益。本文试图考察改革后区域发展规划中的分散动态。这一时期分为2004-2014年和2014-2019年,每个时期都以一系列法律法规的出台为标志,每个时期都体现了一定的去中心化的政策方向(法律政治)。这项研究是规范性的法律研究,采用法定方法,其中获得的数据将进行定性分析并描述性地呈现。研究结果表明,在2004-2014年期间,分权倾向于作为一种补充和形式,以维持统一的状态,而在2014-2019年期间,分权表现出更强的符合分权权威的特征。这两个时代的相似之处在于,去中心化的实施结构仍然与去中心化的结构重叠,从而导致混淆和重叠。研究结果表明,在2004-2014年期间,分权倾向于作为一种补充和形式,以维持统一的状态,而在2014-2019年期间,分权表现出更强的符合分权权威的特征。
{"title":"Legal Politics Deconcentration Study on Post-Reform Regional Development Planning","authors":"Habib Muhsin Syafingi","doi":"10.31603/variajusticia.v17i2.5191","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5191","url":null,"abstract":"The principle of deconcentration is a necessity in the era of decentralization to ensure the establishment of Indonesian unitary state. The dynamics of drafting laws and regulations are actually an effort to find the most appropriate format in managing the relationship between the centre and the regions, in the sense of how to accommodate the centre's interests without stifling creativity and regional initiatives in planning development. This article tries to examine the dynamics of deconcentration in post-reform regional development planning. The period is divided into the 2004-2014 and 2014-2019 periods, each period marked by the issuance of a series of laws and regulations, each period reflecting a certain policy direction (legal politics) of deconcentration. This research is normative juridical research with a statutory approach in which the data obtained will be analyzed qualitatively and presented descriptively. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization. The similarity in these two eras is that the implementation structure of deconcentration still overlaps with the structure of decentralization, thus allowing confusion and overlapping. The research results show that in the 2004-2014 period, deconcentration tends to be a complement and a formality to maintain a unitary state, while in the 2014-2019 period, deconcentration appears to be stronger in line with the authority of decentralization.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41667488","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}
引用次数: 0
“Disaster” Within Disaster Management: Women and Nonhuman Animals Issues 灾害管理中的“灾难”:妇女和非人类动物问题
Pub Date : 2021-08-26 DOI: 10.31603/variajusticia.v17i2.5397
H. N. A. Yogar
This analysis will refer to the structural inequalities under disaster management context, where women and more-than-human animals receive imbalanced preparedness for disaster management, risk reduction, and resilience. The concept of feminism and speciesism will visualize the similarity between women and more-than-human animals as an “object” exclusion instead of “subject” inclusion. The vitality of observation is considered from assessing women's capacity to cope, adapt, and survive during and post the socio-ecological emergency (social instability and natural and human-made disaster). The data shows that women were the most susceptible in rapid or slow-onset emergencies, whereas the nonhuman animals will be objectified as no more than property. These two normalized-lens navigate to the skills and knowledge acquired by women regarding socio-ecological resilience. On the other hand, the demand for equal treatment for women and more-than-human animals will be based on their intrinsic values. This article argues that the phenomenon is highly influenced by religious and cultural values in shaping socio-ecological treatment and power relations. In other words, the patriarchal system and human supremacism will become the most influential aspects. The epistemological revolutions through proper laws and policies are required to promote and achieve a more stable socio-ecological structure of women and more-than-human entanglement within disaster management in particular.
这一分析将涉及灾害管理背景下的结构性不平等,在这种情况下,妇女和比人类更多的动物在灾害管理、减少风险和恢复力方面的准备工作不平衡。女权主义和物种主义的概念将把女性与超越人类的动物之间的相似性可视化为“客体”排斥而不是“主体”包容。观察的活力是通过评估妇女在社会生态紧急情况(社会不稳定以及自然和人为灾害)期间和之后应对、适应和生存的能力来考虑的。数据显示,女性在快速或缓慢发作的紧急情况下最容易受到影响,而非人类动物将被物化,只不过是财产。这两个标准化的镜头指向妇女在社会生态恢复能力方面获得的技能和知识。另一方面,要求平等对待女性和超越人类的动物将基于它们的内在价值。本文认为,这一现象在形成社会生态待遇和权力关系方面受到宗教和文化价值观的高度影响。换句话说,父权制度和人类至上主义将成为最具影响力的方面。需要通过适当的法律和政策进行认识论革命,以促进和实现妇女的更稳定的社会生态结构,特别是在灾害管理中超越人类的纠缠。
{"title":"“Disaster” Within Disaster Management: Women and Nonhuman Animals Issues","authors":"H. N. A. Yogar","doi":"10.31603/variajusticia.v17i2.5397","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i2.5397","url":null,"abstract":"This analysis will refer to the structural inequalities under disaster management context, where women and more-than-human animals receive imbalanced preparedness for disaster management, risk reduction, and resilience. The concept of feminism and speciesism will visualize the similarity between women and more-than-human animals as an “object” exclusion instead of “subject” inclusion. The vitality of observation is considered from assessing women's capacity to cope, adapt, and survive during and post the socio-ecological emergency (social instability and natural and human-made disaster). The data shows that women were the most susceptible in rapid or slow-onset emergencies, whereas the nonhuman animals will be objectified as no more than property. These two normalized-lens navigate to the skills and knowledge acquired by women regarding socio-ecological resilience. On the other hand, the demand for equal treatment for women and more-than-human animals will be based on their intrinsic values. This article argues that the phenomenon is highly influenced by religious and cultural values in shaping socio-ecological treatment and power relations. In other words, the patriarchal system and human supremacism will become the most influential aspects. The epistemological revolutions through proper laws and policies are required to promote and achieve a more stable socio-ecological structure of women and more-than-human entanglement within disaster management in particular.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42058702","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}
引用次数: 0
Overview of Patent Protection in Public Services Towards Smart City: Case Study in Yogyakarta 智慧城市公共服务中的专利保护概述:以日惹为例
Pub Date : 2021-06-21 DOI: 10.31603/variajusticia.v17i1.5174
B. Riswandi, Chrisna Bagus Edhita Praja
In Indonesia, the smart city idea strives to improve public services by combining a variety of components like as governance, economy, quality of life, environment, human resources, and transportation. These developments are mirrored in public service applications such as population administration, e-mobile ID cards, non-cash parking retribution, and smart retribution. However, such applications acquire no special protection. The purpose of this study is to define patent protection as an instrument for directing the development of public services toward becoming a smart city in Yogyakarta, Indonesia . This study employs a method of normative juridical legal research in conjunction with qualitative descriptive data analysis. The findings indicate that while the city of Yogyakarta develops android-based public service applications as a method of transforming public services, this innovation lacks legal protection as a means of controlling the application. Patent instruments can be utilized to protect android-based public service applications through the implementation of the Patent Law. The use of this Patent Law has had no effect on efforts to reproduce the Android-based public service application in other domains.
在印度尼西亚,智慧城市的理念致力于通过结合治理、经济、生活质量、环境、人力资源和交通等多种组成部分来改善公共服务。这些发展反映在公共服务应用中,如人口管理、电子移动身份证、非现金停车报复和智能报复。然而,此类应用程序没有获得特殊保护。本研究的目的是将专利保护定义为指导公共服务发展成为印度尼西亚日惹智慧城市的工具。本研究采用规范的司法法律研究方法,结合定性描述性数据分析。研究结果表明,虽然日惹市开发了基于机器人的公共服务应用程序,作为转变公共服务的一种方法,但这一创新缺乏法律保护,无法作为控制应用程序的手段。通过实施《专利法》,可以利用专利工具来保护基于安卓的公共服务应用。本专利法的使用对在其他领域复制基于Android的公共服务应用程序的努力没有影响。
{"title":"Overview of Patent Protection in Public Services Towards Smart City: Case Study in Yogyakarta","authors":"B. Riswandi, Chrisna Bagus Edhita Praja","doi":"10.31603/variajusticia.v17i1.5174","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.5174","url":null,"abstract":"In Indonesia, the smart city idea strives to improve public services by combining a variety of components like as governance, economy, quality of life, environment, human resources, and transportation. These developments are mirrored in public service applications such as population administration, e-mobile ID cards, non-cash parking retribution, and smart retribution. However, such applications acquire no special protection. The purpose of this study is to define patent protection as an instrument for directing the development of public services toward becoming a smart city in Yogyakarta, Indonesia . This study employs a method of normative juridical legal research in conjunction with qualitative descriptive data analysis. The findings indicate that while the city of Yogyakarta develops android-based public service applications as a method of transforming public services, this innovation lacks legal protection as a means of controlling the application. Patent instruments can be utilized to protect android-based public service applications through the implementation of the Patent Law. The use of this Patent Law has had no effect on efforts to reproduce the Android-based public service application in other domains.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42619825","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}
引用次数: 0
Customary Law Existency in The Modernization of Criminal Law in Indonesia 习惯法在印尼刑法现代化中的存在
Pub Date : 2021-05-07 DOI: 10.31603/variajusticia.v17i1.5024
Tolkah Tolkah
Customary law is defined as assets owned by the Indonesian nation and developing in society. However, the existence of customary laws is often questioned to what extent these laws can be applied. In several criminal law cases in Indonesia, several regions still use the customary law system as an alternative to decisions because its role in law enforcement is quite dominant. This study aims to identify the existence of customary law as a modernization of criminal law in Indonesia. This study used a descriptive analytic method with a normative and empirical juridical approach. The data used are secondary data and primary data. The results show that the customary law can be used as a basis of law for developing new criminal laws that are acceptable to the society. Indonesian customary criminal law, which is divided into numerous customary law units, represents the Indonesian nation's original culture, which was once governed by Islamic law. Customary law is very relevant as a consideration for Indonesian criminal law reform, especially in the formulation of the Criminal Code (KUHP).
习惯法被定义为印度尼西亚民族拥有并在社会中发展的资产。然而,习惯法的存在经常受到质疑,这些法律可以在多大程度上适用。在印度尼西亚的几起刑法案件中,一些地区仍然使用习惯法制度作为裁决的替代办法,因为习惯法制度在执法中的作用相当重要。本研究旨在将习惯法的存在确定为印度尼西亚刑法的现代化。本研究采用描述性分析方法,结合规范和实证司法方法。所使用的数据是辅助数据和主数据。研究结果表明,习惯法可以作为制定新刑法的法律依据,为社会所接受。印度尼西亚习惯刑法分为许多习惯法单元,代表了印度尼西亚民族的原始文化,该文化曾受伊斯兰法管辖。习惯法作为印度尼西亚刑法改革的一个考虑因素非常重要,特别是在制定《刑法》方面。
{"title":"Customary Law Existency in The Modernization of Criminal Law in Indonesia","authors":"Tolkah Tolkah","doi":"10.31603/variajusticia.v17i1.5024","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.5024","url":null,"abstract":"Customary law is defined as assets owned by the Indonesian nation and developing in society. However, the existence of customary laws is often questioned to what extent these laws can be applied. In several criminal law cases in Indonesia, several regions still use the customary law system as an alternative to decisions because its role in law enforcement is quite dominant. This study aims to identify the existence of customary law as a modernization of criminal law in Indonesia. This study used a descriptive analytic method with a normative and empirical juridical approach. The data used are secondary data and primary data. The results show that the customary law can be used as a basis of law for developing new criminal laws that are acceptable to the society. Indonesian customary criminal law, which is divided into numerous customary law units, represents the Indonesian nation's original culture, which was once governed by Islamic law. Customary law is very relevant as a consideration for Indonesian criminal law reform, especially in the formulation of the Criminal Code (KUHP).","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44329636","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}
引用次数: 0
Regional Head of Performance Accountability in Local Government Law from The New Order to The Reform Era 从新秩序到改革时代地方政府法绩效问责的区域负责人
Pub Date : 2021-05-04 DOI: 10.31603/variajusticia.v17i1.5035
A. B. Santoso
The accountability of regional heads is one of the benchmarks for the success of development and regional autonomy. This study aims to analyze the accountability of regional heads in each law. The research method used is a normative juridical method with a statutory approach based on a study of statutory regulations related to this research topic. The results showed that the accountability of regional heads in Law Number 5 of 1974 is not regulated. However, the characteristics of the new post-reform decentralization order by a centralized government were marked by the enactment of Law Number 22 the Year 1999. The DPR elects regional heads based on accountability. In addition, regional heads can be dismissed by the DPR if their accountability report (LPJ) is rejected, which in turn creates political instability. It is also due to the absence of a parallel position between the regional head and the DPRD.
区域负责人的问责制是发展和区域自治成功的基准之一。本研究旨在分析各法律中地区负责人的问责制。本文采用的研究方法是在对与本研究课题相关的法律法规进行研究的基础上,采用一种具有成文法方法的规范法学方法。结果表明,1974年第5号法律中规定的大区厅长责任制没有得到规定。然而,1999年颁布的第22号法律标志着中央集权政府改革后新的权力下放秩序的特点。民主人民共和国根据问责制选举地区领导人。此外,如果地区负责人的问责报告(LPJ)被拒绝,他们可能会被DPR解职,这反过来又会造成政治不稳定。这也是由于在区域首长和人民部之间没有一个平行的职位。
{"title":"Regional Head of Performance Accountability in Local Government Law from The New Order to The Reform Era","authors":"A. B. Santoso","doi":"10.31603/variajusticia.v17i1.5035","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.5035","url":null,"abstract":"The accountability of regional heads is one of the benchmarks for the success of development and regional autonomy. This study aims to analyze the accountability of regional heads in each law. The research method used is a normative juridical method with a statutory approach based on a study of statutory regulations related to this research topic. The results showed that the accountability of regional heads in Law Number 5 of 1974 is not regulated. However, the characteristics of the new post-reform decentralization order by a centralized government were marked by the enactment of Law Number 22 the Year 1999. The DPR elects regional heads based on accountability. In addition, regional heads can be dismissed by the DPR if their accountability report (LPJ) is rejected, which in turn creates political instability. It is also due to the absence of a parallel position between the regional head and the DPRD.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43773169","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}
引用次数: 1
Legal Arrangement for Household Workers: A Case Study of Plasma Fake Eyelashes Industry in Labor Law Perspective 家政工人的法律安排:以劳动法视角下的等离子假睫毛产业为例
Pub Date : 2021-04-28 DOI: 10.31603/variajusticia.v17i1.3849
S. Wardani, Ari Hernawan
This study analyzes legal protection for domestic workers in the plasma fake eyelashes industry in Kabupaten Purbalingga from a labor law perspective. The method used in this study is juridical empirical. The data used in this study consisted of primary data, secondary data. Primary data were obtained from a field study conducted in Bojongsari District and the plasma fake eyelashes industry in Purbalingga Regency. Secondary data is obtained from primary legal materials in the form of laws and regulations relevant to the topic under study. According to the employment law, the research result shows that the legal protection of homeworkers in the Plasma hair industry in Purbalingga faced a significant challenge. Although it is covered in law 13 of 2003, it does not accept the right and protection as stipulated in the law on wages, employment contracts, freedom of Union and assembly, working hours, occupational safety and health, and social security. With these issues, home workers are very vulnerable and hold poor positions; therefore, particular actions are needed to encourage the protection and fulfillment of their fundamental rights. Strategic policies need to be carried out that recognizes the existence of home workers. These policies need to be incorporated into national statistical data and legislation as an affirmative step taken by the Indonesian Government. Furthermore, the Government needs to develop home worker protection policies that include their fundamental rights. The Government needs to establish a mandatory minimum health and worker protection scheme not to be a burden
本研究从劳动法的角度分析了普巴林加县等离子假睫毛行业对家政工人的法律保护。本研究采用的方法是司法实证法。本研究中使用的数据包括初级数据和次级数据。主要数据来自Bojonsari区和Purbalingga Regency的等离子体假睫毛行业进行的实地研究。次要数据是以与研究主题相关的法律法规的形式从主要法律材料中获得的。根据《就业法》,研究结果表明,对Purbalingga等离子美发行业家庭佣工的法律保护面临重大挑战。尽管2003年第13号法律涵盖了这一点,但它不接受有关工资、就业合同、工会和集会自由、工作时间、职业安全和健康以及社会保障的法律规定的权利和保护。在这些问题上,家庭工作者非常脆弱,职位也很差;因此,需要采取特别行动来鼓励保护和实现他们的基本权利。需要执行战略政策,承认家庭工作者的存在。这些政策需要纳入国家统计数据和立法,作为印度尼西亚政府采取的积极步骤。此外,政府需要制定保护家庭工作者的政策,其中包括他们的基本权利。政府需要制定强制性的最低健康和工人保护计划,不要成为负担
{"title":"Legal Arrangement for Household Workers: A Case Study of Plasma Fake Eyelashes Industry in Labor Law Perspective","authors":"S. Wardani, Ari Hernawan","doi":"10.31603/variajusticia.v17i1.3849","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.3849","url":null,"abstract":"This study analyzes legal protection for domestic workers in the plasma fake eyelashes industry in Kabupaten Purbalingga from a labor law perspective. The method used in this study is juridical empirical. The data used in this study consisted of primary data, secondary data. Primary data were obtained from a field study conducted in Bojongsari District and the plasma fake eyelashes industry in Purbalingga Regency. Secondary data is obtained from primary legal materials in the form of laws and regulations relevant to the topic under study. According to the employment law, the research result shows that the legal protection of homeworkers in the Plasma hair industry in Purbalingga faced a significant challenge. Although it is covered in law 13 of 2003, it does not accept the right and protection as stipulated in the law on wages, employment contracts, freedom of Union and assembly, working hours, occupational safety and health, and social security. With these issues, home workers are very vulnerable and hold poor positions; therefore, particular actions are needed to encourage the protection and fulfillment of their fundamental rights. Strategic policies need to be carried out that recognizes the existence of home workers. These policies need to be incorporated into national statistical data and legislation as an affirmative step taken by the Indonesian Government. Furthermore, the Government needs to develop home worker protection policies that include their fundamental rights. The Government needs to establish a mandatory minimum health and worker protection scheme not to be a burden","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"25 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41292555","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}
引用次数: 0
The Complexity of Determining Indicative Evidence in The Rape Criminal Act 强奸罪中指示性证据认定的复杂性
Pub Date : 2021-04-28 DOI: 10.31603/variajusticia.v17i1.4368
N. Yuliartini, Wita Setyaningrum, D. Mangku
The rise of rape cases in Indonesia has resulted in social unrest, especially among women and children. Sometimes, judges have difficulty determining indicative evidence of rape cases. This study aims to analyze the strength of the evidence as consideration for judges in the criminal case of rape. This research is normative legal research. The data used in this research is secondary data obtained through a literature study and analyzed juridically normative based on a statutory and conceptual approach. The legal materials used in this research are primary and secondary legal materials. The study results show that rape is the most difficult crime to prove, considering that this kind of crime is often committed in places where it is difficult to find witnesses. Judges experience difficulties in concretely explaining evidence. Even in court practice often experience difficulties in applying it. These difficulties can then have implications for the decision that the judge will release because the decision is dominated by the judge's verdict, which may be excessive. Indicative evidence is the only indirect evidence among other evidence formulated in Article 184 of the Criminal Procedure Code.
印度尼西亚强奸案的增加导致了社会动荡,特别是在妇女和儿童中。有时,法官难以确定强奸案件的指示性证据。本研究旨在分析证据的强度,作为法官在强奸刑事案件中考虑的因素。本研究属于规范法学研究。本研究中使用的数据是通过文献研究获得的二手数据,并基于法定和概念方法分析了法律规范。本研究使用的法律资料分为一级法律资料和二级法律资料。研究结果表明,强奸是最难证明的犯罪,因为这类犯罪通常发生在难以找到证人的地方。法官在具体解释证据方面遇到困难。即使在法庭实践中也经常遇到应用困难。然后,这些困难可能对法官将作出的决定产生影响,因为决定是由法官的判决决定的,这可能是过分的。指示性证据是我国刑事诉讼法第一百八十四条规定的证据中唯一的间接证据。
{"title":"The Complexity of Determining Indicative Evidence in The Rape Criminal Act","authors":"N. Yuliartini, Wita Setyaningrum, D. Mangku","doi":"10.31603/variajusticia.v17i1.4368","DOIUrl":"https://doi.org/10.31603/variajusticia.v17i1.4368","url":null,"abstract":"The rise of rape cases in Indonesia has resulted in social unrest, especially among women and children. Sometimes, judges have difficulty determining indicative evidence of rape cases. This study aims to analyze the strength of the evidence as consideration for judges in the criminal case of rape. This research is normative legal research. The data used in this research is secondary data obtained through a literature study and analyzed juridically normative based on a statutory and conceptual approach. The legal materials used in this research are primary and secondary legal materials. The study results show that rape is the most difficult crime to prove, considering that this kind of crime is often committed in places where it is difficult to find witnesses. Judges experience difficulties in concretely explaining evidence. Even in court practice often experience difficulties in applying it. These difficulties can then have implications for the decision that the judge will release because the decision is dominated by the judge's verdict, which may be excessive. Indicative evidence is the only indirect evidence among other evidence formulated in Article 184 of the Criminal Procedure Code.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47120893","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}
引用次数: 0
期刊
Varia Justicia
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1