scholarly journals The Role of Indonesian Constitutional Court in Resolving Disputes among the State Organs

2019 ◽  
Vol 5 (2) ◽  
pp. 159
Author(s):  
Iwan Satriawan ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Subject Matter ◽  
The State ◽  
Constitutional Court ◽  
Checks And Balances ◽  
Legal Standing ◽  
The Subject

The paper attempts to assess the role of the Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court’s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court has not made a significant impact on the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to the unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only, small numbers cases registered and heard by the Constitutional Court. Furthermore, most of the cases registered in the Court either been rejected or not been accepted by the judges. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

scholarly journals La polonité des Hauts-de-France telle qu’inscrite sur les étendards. Une étude d’objets jusque-là négligés alors que riches d’informations

2020 ◽  
pp. 273-285
Author(s):  
Maryla Laurent ◽  
Iwona H. Pugacewicz
Keyword(s):  
Subject Matter ◽  
Social Life ◽  
Scientific Literature ◽  
The State ◽  
Northern France ◽  
Immigrant Identity ◽  
History Of ◽  
The Subject ◽  
State Of Research

The authors have considered the topic, rarely mentioned in the scientific literature, which are the inscriptions and symbols placed on polonical banners. A three-volume dissertation by Monika Salmon-Siama, entitled Vexillological heritage of the Polish immigration in northern France (1919-2018), turned out to be a contributing factor to this kind of scientific digression. In the introduction, they analyzed the state of research on Polish emigration, settled in northern France, indicating the main reasons for their poor representativeness in comparison with the entire emigre history of the Polish diaspora. Referring to the proper vexological studies, they brought closer the richness of sources that we deal with in the discussed region, and then showed the complexity of this type of bibliological-semiotic research. Taking up the subject matter from the Westphalian-French borderline, inevitably, after M. Salmon Siama, they showed aesthetic and axiological values, including patriotic values, a group of symbols and inscriptions discussed, and in turn showed the durability of the Polish immigrant identity of subsequent generations living in northern France. The article is also an attempt to show the reader the diversity and richness of organizational and social life over almost a century, introduces the mentality and customs of the Polish Diaspora, and shows the underestimated role of the Polish banner.  

scholarly journals How Broad a Meaning Can “Capital” Acquire? Towards the Rigorous Comprehension of Capital

2020 ◽  
Vol 13 (2) ◽  
pp. 169-197
Author(s):  
Balázs István Tóth
Keyword(s):  
Subject Matter ◽  
State Of The Art ◽  
Scientific Progress ◽  
Popular Literature ◽  
The State ◽  
Special Regard ◽  
Role Of The State ◽  
The Subject

This paper explores some of the recent challenges concerning the contemporary meaning of capital by reconsidering the role of alternative forms of capital in scientific progress. The first aim of the study is to review the main contradictions in the notion of capital, with special regard to economics and sociology. Second, it is aimed at highlighting the genesis of and the popular literature on the alternative forms of capital. Besides, the paper reassesses the role of the state-of-the-art notions and interpretations related to the subject matter. The study argues that the understanding of capital should be defended from further atomization, and calls for more clarity and consistency between disciplines and in the usage of the term capital. Accordingly, some propositions are provided that may lead scholars to outline the rigorous comprehension of capital.

scholarly journals The National Security Council (Rada Bezpieczeństwa Narodowego) – an advisory organ to the President of Poland?

2021 ◽  
pp. 121-151
Author(s):  
Rafał Glajcar ◽  
Łukasz Wielgosz
Keyword(s):  
National Security ◽  
Security Council ◽  
Subject Matter ◽  
Research Topic ◽  
The State ◽  
National Security Council ◽  
Policy Practice ◽  
The Subject ◽  
The Republic

Poland’s National Security Council (Rada Bezpieczeństwa Narodowego, RBN) is defined in the country’s Constitution as organ doradczy Prezydenta Rzeczypospolitej Polskiej w zakresie wewnętrznego i zewnętrznego bezpieczeństwa państwa (officially translating into: “the advisory organ to the President of the Republic regarding internal and external security of the State”). Against that background, this article uses analysis of policy practice as it seeks to explain whether the NSC truly plays that role of advisory organ, or is more in the nature of a coordinating-and-consulting body. To address this research topic, three areas have been identified for broader and deeper consideration, i.e. the means of selecting Council Members, the frequency with which Sittings have been convened, and the subject matter addressed at those Sittings.

scholarly journals Do we need state and what for? The role of the state in the modern World

2019 ◽  
Vol 8 ◽  
pp. 13-28
Author(s):  
Marek Sobczyński
Keyword(s):  
Economic History ◽  
The State ◽  
Modern World ◽  
Modern Times ◽  
Political Sciences ◽  
Role Of The State ◽  
Scientific Disciplines ◽  
The Subject

The state is subject of interest to many scientific disciplines: constitutional and international law, sociology, philosophy, administrative and political sciences, social psychology, economics, political and economic history, military sciences, regional studies and, of course, political geography and geopolitics. In the course of history, from ancient to modern times, the state was defined in very different ways. The author comes out in his deliberations from the analysis of the elements that make up the various definitions of the state. Then he reviews the classification of functions that the modern state fulfills and analyzes the way in which they are implemented in various countries around the world, trying to answer the question, is the state necessary for citizens and for what? Finally, the author draws attention to the frequent undertaking of the subject matter of the functioning of the state in the world’s belles-lettres in epic works and in dramas both in the past and nowadays. The last issue raised in the paper is the analysis of the functioning of unrecognized countries, mainly European ones, and what are the consequences of their exclusion from the international community influencing the life of their inhabitants, economy and functioning of their societies.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

scholarly journals Colour Studies: Clarification and Alpha-Numeric Adaptation of Notation Systems for Artists and Designers

1970 ◽  
Vol 4 (2) ◽  
pp. 121-148
Author(s):  
ZS Ebigbagha
Keyword(s):  
Subject Matter ◽  
Design Education ◽  
Qualitative Approach ◽  
Pivotal Role ◽  
Art And Design ◽  
Wide Range ◽  
The Subject ◽  
Effective Use ◽  
Creative Construction

Colour studies have generated much confusion in art and design education, particularly among students of the discipline in Nigeria. This is due to the complexity of the subject matter itself, wide-range of available materials and a variety of concepts developed in its multi-disciplinarity that is not kept distinct. Therefore, this paper utilizes a qualitative approach that employs the critical, historical, and analytic examination to provide clarification on the constructive and expressive aspects of colour studies. The paper introduces the reader to the pivotal role of colour and its multi-disciplinary interest. Also, it adequately clarifies paradigms and theories in the physical, psychophysical and psychological domains with particular emphasis on areas of practical value to art and design. Moreover, it considers the numeric adaptation of the colour wheel to a set of numbers for harmonic relationship. And it ends with the need for artists and designers to comprehensively grasp the contextual behaviour of colour and develop colour originality through creative construction and effective use in order to successfully express themselves in colour.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

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