Pub Date : 2021-01-01DOI: 10.21639/2313-6715.2021.2.5
E. Varpakhovskaya, V. Derevskova
{"title":"Powers of the Prosecutor in Preparing for Trial in the Legislation of Judicial Reform in the XIX and XX Centuries in Russia","authors":"E. Varpakhovskaya, V. Derevskova","doi":"10.21639/2313-6715.2021.2.5","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.5","url":null,"abstract":"","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67793555","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 : 2021-01-01DOI: 10.21639/2313-6715.2021.3.4
N. P. Aslanian
{"title":"Cognitive Situation in the Science of Private International Law: Critical Reflection","authors":"N. P. Aslanian","doi":"10.21639/2313-6715.2021.3.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.4","url":null,"abstract":"","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67793289","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 : 2021-01-01DOI: 10.21639/2313-6715.2021.3.7
A. Ushakova
{"title":"Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence","authors":"A. Ushakova","doi":"10.21639/2313-6715.2021.3.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.7","url":null,"abstract":"","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67793360","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 : 2021-01-01DOI: 10.21639/2313-6715.2021.2.9
A. Bychkov, D. Shram
{"title":"Problems of Law Enforcement Practice of Antimonopoly Regulation in Digital Markets as an Indicator of the Need for Legislative Reform on the Competition Protection","authors":"A. Bychkov, D. Shram","doi":"10.21639/2313-6715.2021.2.9","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.9","url":null,"abstract":"","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67793272","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}
Diversion is the settlement of juvenile cases that have been transferred from the criminal justice process to the non-criminal justice process. This is because the child is the party who has not been able to legally account for his dressing. The purpose of the research was to analyse in depth the background execution of the diversion of the dealing with the law and the obstacles affecting the implementation of diversion. This research uses a type of normative empirical legal research by finding the empirical in the field that concerns the problems of primary that is obtained directly from the results of the interviews with respondents and interviewees as well as data secondary data is obtained through literature-literature which deals directly with the issue discussed in this study. The research results give a hint that execution is a form of diversion pemidanaan the more education against children as well as the factors that influence the implementation of restorative justice in the diversion on the criminal justice system, child is a factor the substance of the law, human resource law enforcement officers who have yet to grasp the versioned, support and cooperation among related agencies not optimal, and are also victims/families of the victims have not been able to receive them well on diversion.
{"title":"DIVERSI BAGI ANAK YANG BERHADAPAN DENGAN HUKUM DI KABUPATEN TANA TORAJA","authors":"Christian A Caesar","doi":"10.51342/PLJ.V2I2.172","DOIUrl":"https://doi.org/10.51342/PLJ.V2I2.172","url":null,"abstract":"Diversion is the settlement of juvenile cases that have been transferred from the criminal justice process to the non-criminal justice process. This is because the child is the party who has not been able to legally account for his dressing. The purpose of the research was to analyse in depth the background execution of the diversion of the dealing with the law and the obstacles affecting the implementation of diversion. This research uses a type of normative empirical legal research by finding the empirical in the field that concerns the problems of primary that is obtained directly from the results of the interviews with respondents and interviewees as well as data secondary data is obtained through literature-literature which deals directly with the issue discussed in this study. The research results give a hint that execution is a form of diversion pemidanaan the more education against children as well as the factors that influence the implementation of restorative justice in the diversion on the criminal justice system, child is a factor the substance of the law, human resource law enforcement officers who have yet to grasp the versioned, support and cooperation among related agencies not optimal, and are also victims/families of the victims have not been able to receive them well on diversion.","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"2 1","pages":"92-101"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45917039","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}
The success of the performance of the political recruitment function by Political Parties departs from its cadre mechanism. This is supported by the regeneration of a good and responsible wing organization of political parties. This study aims to determine legal problems related to the function of the wing organization of political parties. The type of research in this writing is normative legal research, with a statutory approach and a literature approach. This research examines the laws and regulations on political parties and related legal norms. The data used are secondary data consisting of primary and secondary legal materials. Primary legal materials are in the form of Law Number 2 of 2008 concerning Political Parties, while secondary legal materials are in the form of books, journals and articles related to the topic of the problem. The results showed that there were still several problems, such as the lack of rules governing the Organization of the Political Party Wing and the activities of cadres related to their location and background.
{"title":"PROBLEMATIKA HUKUM FUNGSI REKRUITMEN ORGANISASI SAYAP PARTAI POLITIK","authors":"A. Asmar","doi":"10.51342/PLJ.V2I2.174","DOIUrl":"https://doi.org/10.51342/PLJ.V2I2.174","url":null,"abstract":"The success of the performance of the political recruitment function by Political Parties departs from its cadre mechanism. This is supported by the regeneration of a good and responsible wing organization of political parties. This study aims to determine legal problems related to the function of the wing organization of political parties. The type of research in this writing is normative legal research, with a statutory approach and a literature approach. This research examines the laws and regulations on political parties and related legal norms. The data used are secondary data consisting of primary and secondary legal materials. Primary legal materials are in the form of Law Number 2 of 2008 concerning Political Parties, while secondary legal materials are in the form of books, journals and articles related to the topic of the problem. The results showed that there were still several problems, such as the lack of rules governing the Organization of the Political Party Wing and the activities of cadres related to their location and background.","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"2 1","pages":"102-112"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43908833","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}
The establishment of Tondok is one of the process of utilization of land rights in Mamasa area, but the utilization of land rights is not regulated in a regional regulation of Mamasa Regency. This research aims to find out how the process of utilizing land rights ulayat for the establishment of Tondok in Mamasa area as well as how the status of land occupied by individuals in Tondok. This research uses Empirical Juridical with historical and case approaches. The results of this study show that in the process of utilizing land rights ulayat for the establishment of Tondok in Mamasa area was carried out on mutual consent by indigenous leaders and citizens of mamasa indigenous law community. The status of land individually in Tondok is recognized as a joint right and the rights of individuals are recognized in a limited way because it is considered a right of use and the prohibition of the recognition of land as property except in the form of rice fields.
{"title":"PEMANFAATAN TANAH ULAYAT UNTUK PENDIRIAN TONDOK DI KABUPATEN MAMASA","authors":"Lisma Lumentut","doi":"10.51342/PLJ.V2I2.170","DOIUrl":"https://doi.org/10.51342/PLJ.V2I2.170","url":null,"abstract":"The establishment of Tondok is one of the process of utilization of land rights in Mamasa area, but the utilization of land rights is not regulated in a regional regulation of Mamasa Regency. This research aims to find out how the process of utilizing land rights ulayat for the establishment of Tondok in Mamasa area as well as how the status of land occupied by individuals in Tondok. This research uses Empirical Juridical with historical and case approaches. The results of this study show that in the process of utilizing land rights ulayat for the establishment of Tondok in Mamasa area was carried out on mutual consent by indigenous leaders and citizens of mamasa indigenous law community. The status of land individually in Tondok is recognized as a joint right and the rights of individuals are recognized in a limited way because it is considered a right of use and the prohibition of the recognition of land as property except in the form of rice fields.","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"2 1","pages":"62-71"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46641783","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}
Taxpayer Compliance in Increasing Tax Revenue at the North Makassar Primary Tax Service Office. The purpose of this study is to determine taxpayer compliance, tax receipts, general provisions and tax procedures that affect taxpayer compliance after the enactment of Law Number 16 Year 2009. This study uses a juridical type of research normative. Primary and secondary data sources and tertiary. This research was analyzed qualitatively by describing descriptively the results of existing data. The results showed that the compliance of taxpayers at the North Makassar Primary Tax Service Office was not yet compliant optimally, although in quantity the tax revenue increased from year to year. The reason is the lack of knowledge and understanding of taxpayers, inadequate tax human resources as well as negative taxpayers regarding tax provisions have not been evenly distributed. While the factors that influence taxpayer compliance are legal substance factors, legal structure factors, legal cultural factors and tax socialization factors.
{"title":"PENGELUARAN WAJIB PAJAK DALAM PENINGKATAN PENERIMAAN PERPAJAKAN DI KANTOR PELAYANAN PAJAK PRATAMA MAKASSAR UTARA","authors":"Dharmawati","doi":"10.51342/PLJ.V2I2.173","DOIUrl":"https://doi.org/10.51342/PLJ.V2I2.173","url":null,"abstract":"Taxpayer Compliance in Increasing Tax Revenue at the North Makassar Primary Tax Service Office. The purpose of this study is to determine taxpayer compliance, tax receipts, general provisions and tax procedures that affect taxpayer compliance after the enactment of Law Number 16 Year 2009. This study uses a juridical type of research normative. Primary and secondary data sources and tertiary. This research was analyzed qualitatively by describing descriptively the results of existing data. The results showed that the compliance of taxpayers at the North Makassar Primary Tax Service Office was not yet compliant optimally, although in quantity the tax revenue increased from year to year. The reason is the lack of knowledge and understanding of taxpayers, inadequate tax human resources as well as negative taxpayers regarding tax provisions have not been evenly distributed. While the factors that influence taxpayer compliance are legal substance factors, legal structure factors, legal cultural factors and tax socialization factors.","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"2 1","pages":"81-91"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44488360","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}
Indonesia is a country that implements a presidential system and a multi-party system jointly. The implementation of general elections has been regulated in the 1945 Constitution of the Republic of Indonesia. The presidential threshold is a concept used in proposing candidates for President and Vice President. Proposals are made by political parties or joining political parties by general election participants. This article analyzes the application of the presidential threshold after the Constitutional Court decision Number 114 / PUU-XI / 2013. The purpose of this writing is to determine the application of the Presidensitial threshold after the Constitutional Court decision Number 14 / PUU-XI / 013, and to determine the impact of the Constitutional Court decision number 14 / PUU-XI / 2013 on political parties. The research method used is qualitative and conceptual normative research methods. Based on this article, it is known that the application of the presidential threshold in which political parties must obtain seats 20% of the number of seats in the DPR or 25% of the valid votes nationally in the previous DPR elections, so that making new or small parties will not be able to nominate the President and Vice President themselves, but parties can form a coalition.
{"title":"PENERAPAN PRESIDENTIAL THRESHOLD PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 14/PUU-XI/2013","authors":"Liberthin Palullungan, Trifonia Sartin Ribo","doi":"10.51342/PLJ.V2I2.171","DOIUrl":"https://doi.org/10.51342/PLJ.V2I2.171","url":null,"abstract":"Indonesia is a country that implements a presidential system and a multi-party system jointly. The implementation of general elections has been regulated in the 1945 Constitution of the Republic of Indonesia. The presidential threshold is a concept used in proposing candidates for President and Vice President. Proposals are made by political parties or joining political parties by general election participants. This article analyzes the application of the presidential threshold after the Constitutional Court decision Number 114 / PUU-XI / 2013. The purpose of this writing is to determine the application of the Presidensitial threshold after the Constitutional Court decision Number 14 / PUU-XI / 013, and to determine the impact of the Constitutional Court decision number 14 / PUU-XI / 2013 on political parties. The research method used is qualitative and conceptual normative research methods. Based on this article, it is known that the application of the presidential threshold in which political parties must obtain seats 20% of the number of seats in the DPR or 25% of the valid votes nationally in the previous DPR elections, so that making new or small parties will not be able to nominate the President and Vice President themselves, but parties can form a coalition.","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"2 1","pages":"72-80"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46143920","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}
Credit Agreement between the creditor and the debtor that is carried out with a guarantee of mortgage sometimes creates problems when there is a default, where the creditor has difficulty executing the object of the Mortgage.This study aims to determine the mortgage execution mechanism as a form of legal protection for creditors and obstacles in carrying out the execution of Mortgage Rights. This study use a normative method with a statutory regulatory approach. The results show that the execution of Mortgage Rights can be carried out in three ways, namely underhand sales, selling through public tenders, and execution by the District Court. The obstacles faced can be in the form of juridical obstacles and non-juridical obstacles.
{"title":"EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN KREDIT DALAM RANGKA PERLINDUNGAN HUKUM BAGI KREDITUR","authors":"Kattya Nusantari Putri","doi":"10.51342/PLJ.V2I1.153","DOIUrl":"https://doi.org/10.51342/PLJ.V2I1.153","url":null,"abstract":"Credit Agreement between the creditor and the debtor that is carried out with a guarantee of mortgage sometimes creates problems when there is a default, where the creditor has difficulty executing the object of the Mortgage.This study aims to determine the mortgage execution mechanism as a form of legal protection for creditors and obstacles in carrying out the execution of Mortgage Rights. This study use a normative method with a statutory regulatory approach. The results show that the execution of Mortgage Rights can be carried out in three ways, namely underhand sales, selling through public tenders, and execution by the District Court. The obstacles faced can be in the form of juridical obstacles and non-juridical obstacles.","PeriodicalId":82303,"journal":{"name":"Philippine law journal","volume":"2 1","pages":"38-48"},"PeriodicalIF":0.0,"publicationDate":"2020-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48261556","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：