Implementation of the ECN+ Directive ∙ Slovenia: Watchdog Not Entirely Happy with Proposed Draft Bill Amidst Tardy Implementation

2021 ◽  
Vol 5 (3) ◽  
pp. 315-320
Author(s):  
T. Mišic
Keyword(s):  
Draft Bill

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

scholarly journals Quantitative and qualitative analysis on the legislative production relating to healthcare in passage in the National Congress in the years 2007 and 2008

2013 ◽  
Vol 131 (6) ◽  
pp. 389-397
Author(s):  
Viviane Cristina dos Santos ◽  
Marcos Bosi Ferraz
Keyword(s):  
Legal Regulation ◽  
Cross Sectional Study ◽  
Transformation Rate ◽  
Cross Sectional ◽  
Democratic Movement ◽  
Qualitative Approaches ◽  
Federal Constitution ◽  
National Congress ◽  
Draft Bill ◽  
Legislative Production

CONTEXT AND OBJECTIVES: The Federal Constitution of 1988 allowed the National Congress to contribute towards formulation of new public policies. The objective of this study was to analyze the legislative production that dealt with health issues that was in passage in the National Congress between January 2007 and December 2008. DESIGN AND SETTING: Descriptive-exploratory cross-sectional study with quantitative and qualitative approaches, conducted in a federal university. METHODS: The analysis material for the study comprised 144 draft bills that were classified and subsequently randomly evaluated by 155 professionals working within the healthcare system. RESULTS: The analysis showed that the Workers' Party (PT) and Brazilian Democratic Movement Party (PMDB) were the parties that presented the largest proportions of the draft bills (12.5% and 11.1%); 25.4% of the draft bills were presented by congress members with academic qualifications within healthcare and only 1.4% of the draft bills became transformed into legal regulations. In questionnaire responses, 51.5% of the evaluators did not consider the draft bills to be viable, 40.6% did not consider them to be relevant and 52.5% said that if the draft bills were not approved it would not be harmful to Brazilian society. CONCLUSION: In analyzing the data from this study, it was noted that the legislative production relating to healthcare was low and the transformation rate from draft bill to legal regulation was negligible. The results from the evaluation showed that the quality of legislative production was impaired.

scholarly journals Dinamika Konsepsi Penguasaan Negara Atas Sumber Daya Alam

2016 ◽  
Vol 12 (2) ◽  
pp. 401
Author(s):  
Ahmad Redi
Keyword(s):  
Natural Resources ◽  
House Of Representatives ◽  
Constitutional Court ◽  
State Control ◽  
Control Rights ◽  
Control Concept ◽  
Control Right ◽  
The Government ◽  
Draft Bill ◽  
The Guardian

Discourse concerning state control concept on natural resources in Article 33 clause (3) of the 1945 Constitution is very dynamic. Such dynamic can be seen on      a variety of conceptions of state control rights on natural resources formulated in various acts in natural resources area. Lack of single concept on ‘state control right’ will impact to unfavorable situation where natural resources shall escape from conception of state control right and into control not by the state. The Constitutional Court as the Guardian and Interpreter of the Constitution has a significant role to ascertain that an act in natural resources area really adopt the principle of state control on natural resources in Indonesia. This article analyzes on dynamics of conception of state control on natural resources in various acts and the role of the Constitutional Court in guarding and interpreting acts in natural resources in order to be in accordance with Article 33 clause (3) of the 1945 Constitution. From the result of analysis a conclusion is achieved that there are many different concepts    of state control on natural resources in various acts in natural resources area. The Constitutional Court indeed has made interpretation on state control right. In order to make the conception stronger it is necessary to have an act in natural resources area as instruction of Article 33 clause (5) of the 1945 Constitution that further provisions of Article 33 shall be regulated by an act. Moreover, DPR (The House of Representatives) and the Government have to make certain or definite the concept of state control right in every draft bill of natural resources area so that liberalism and capitalism stream will not erode the principle of state control right.

scholarly journals From the Chair: Where do we go from here?

2018 ◽  
Vol 46 (1) ◽  
pp. 2
Author(s):  
Shari Laster
Keyword(s):  
Government Information ◽  
Legislative Reform ◽  
The Us ◽  
Us Government ◽  
Library Program ◽  
Draft Bill

As I write this message in early March 2018, we are on the cusp of the introduction of the major legislative reform affecting access to government information.1 A draft bill, written by the Committee on House Administration, is expected to be introduced that would make substantial changes to the Federal Depository Library Program (FDLP) and possibly to the agency that administers it, the US Government Publishing Office (GPO).

scholarly journals Analisis terhadap Larangan Analogi dalam ‎Rancangan Undang-Undang Kitab Undang-Undang ‎Hukum Pidana

2016 ◽  
Vol 2 (2) ◽  
pp. 408-419
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
Draft Bill ◽  
Good Analogy

Abstract: This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.Keywords: Analogy, draft bill, the criminal code. Abstrak: Artikel ini membahas tentang analisis terhadap larangan analogi dalam RUU KUHP. Mayoritas para ahli ilmu hukum menentang analogi. Penulis tidak sepakat dengan larangan menggunakan analogi dalam RUU KUHP, tetapi membenarkan analogi dengan catatan, hakimnya harus kompeten dan berintegritas. Jika hakimnya memang tidak mampu untuk beranalogi, maka ia masih bisa menggunakan interpretasi untuk menemukan hukumnya.   Argumen diperbolehkannya analogi adalah untuk mencari keadilan substansial bagi masyarakat tanpa menyampingkan perlindungan individu, sebab dengan menggunakan analogi kepastian hukum akan tetap terpenuhi. Karena kejahatan, dalam berbagai bentuknya, tetap saja bertentangan dengan kesusilaan meskipun ia tidak tertulis, apalagi jika kejahatan tersebut membawa pengaruh kepada masyarakat luas. Dalam hukum Islam, metode qiyâs yang disusun oleh Imam Syafi’i dalam berijtihad mungkin dapat digunakan sebagai proses analogi yang baik, sebab metode qiyâs ini sudah teruji dengan memproduksi banyak hukum. Kata Kunci: Analogi, Rancangan Perundang-undangan, KUHP.

scholarly journals Legislative regulation of museums activity in the Second Rzechpospolita Polska

2020 ◽  
pp. 38-41
Author(s):  
Nataliia Zakharchyn
Keyword(s):  
Interwar Period ◽  
State Council ◽  
The Public ◽  
Legislative Proposal ◽  
Catalytic Role ◽  
Public Museums ◽  
Draft Bill ◽  
And Control ◽  
Law Making ◽  
Public Museum

The article considers the creation of the legislative basis regarding the museums’ activity in interwar (1918-1939) Poland. Temporary organization of common government authorities in 1918 suggested subordination of museums of interwar Poland to the Ministry of religion andpopular education. It also describes changes in subordination of the museums and some features of law-making process. In April 1918, the Department of Art of the Ministry processed and offered the first project of temporary law on museums. According to the legislative proposal, state politics in the museum industry had to be implementedusing the special museum abstract within Department of Art. In the draft, there were a few types of museum identified: the main ones (national) and regional, educational and special. It was necessary to legislate on determining andidentifying main directions of the activity, to organizationally form the framework of their functioning, for the sake of museum professional work activization, controlling their activity, help with creation of new collections and support of some old ones. It is stated that his fact was understood by the representatives of the organizations that were either connected to museum industry or played a catalytic role in museum reforms in the interwar period, for instance, The Union of Museums of Poland.It was the Union that the draft law “Onthe trusteeship for the public museums” was prepared by. Apart from the draft law, the project of the implementing regulation to the bill regarding establishment and activity of the Museum State Council was adopted. In the article, the process of establishing the draft law is considered. The article reflects the representation of modified law “On the trusteeship for the public museums” in the Parliament of Second Rzechpospolita Polska. In the parliament, the draft bill was considered as a framework, which determines the concept of a public museum. According to the bill, Minister of religion and education implemented the trusteeship and control of the activity of the public museums and approved theirstatutes. The articlealso reviews the aims and tasks of the adopted law and further implementing regulations, particularly, on the establishment of Museum State Council.

scholarly journals Criminal law measures of ensuring the security of the crypto sphere

2019 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
Oleg Stepanov ◽  
Denis Pechegin
Keyword(s):  
Criminal Law ◽  
Foreign Currency ◽  
Modern Society ◽  
Developed Countries ◽  
Legal Regulation ◽  
Financial Asset ◽  
Financial Instruments ◽  
The Us ◽  
Draft Bill ◽  
The Cost

In the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of $ 40 – $ 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from $ 0.5 to $ 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment. In Russia, the use of cryptocurrencies is not regulated by any rules, but there is no legislation prohibiting the circulation of cryptocurrencies as means of payment. At the same time, the draft bill “On digital nancial assets”, designed to regulate financial relations in the crypto sphere, completely excludes the issues of mining and circulation of existing crypto-currencies. However, new electronic entities carry certain risks associated with their turnover. In this regard, many States seek to develop mechanisms to ensure the security of actions in the new crypto sphere of legal relations before the direct legalization of cryptocurrencies and other modern electronic entities. The purpose of the article is to analyze the approaches related to the security of the crypto sphere in modern society by criminal law measures taking into account foreign experience.

The Amended Draft Bill

BMJ ◽  
1852 ◽  
Vol s1-16 (24) ◽  
pp. 622-622 ◽  
Author(s):  
J. Cole
Keyword(s):  
Draft Bill
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