scholarly journals LEGAL AND ECONOMIC ASPECTS OF THE INTRODUCTION OF EDUCATIONAL CENSUS WHEN VOTING IN THE REPUBLIC OF BULGARIA

2020 ◽  
Vol v8 (2) ◽  
pp. 63-70
Author(s):  
Ekaterina Bogomilova
Keyword(s):  
Local Governments ◽  
European Parliament ◽  
Constitutional Rights ◽  
Economic Aspects ◽  
Vote Buying ◽  
Educational Qualification ◽  
The Republic

In recent years in the Republic of Bulgaria the question on educational qualification for voting has more and more been raised. The topic is quite relevant, especially when the results of the 2019 elections for representatives of the European Parliament and those for local governments report: 1) high number of invalid ballots when choosing a preference without specifying a party, 2) the refusal of voters to vote using machines, 3) the so called "election tourism” from Turkey, and 4) the vote buying. These problems raise the relevance of the role of literacy and education of voters when exercising their constitutional rights.

The European Parliament's Role in EU Treaty-Making

2016 ◽  
Vol 23 (6) ◽  
pp. 1009-1039 ◽  
Author(s):  
Andrea Ott
Keyword(s):  
Case Law ◽  
European Parliament ◽  
Constitutional Rights ◽  
International Treaties ◽  
National Parliaments ◽  
International Treaty ◽  
Court Of Justice ◽  
European Court ◽  
External Relations

The European Parliament's role in EU external relations and treaty-making has increased over the years through constitutional practice and Treaty amendments. Finally, with the Treaty of Lisbon, the European Parliament's constitutional rights in treaty-making establish – in the words of the European Court of Justice (CJEU) – ‘symmetry between legislation-making and treaty-making in compliance with institutional balance provided for by the Treaties’. In a comparative overview, the European Parliament has ascertained more extensive powers over treaty-making compared to the majority of national parliaments which are only involved in politically important international treaties. This contribution addresses the consequences of this symmetry or parallelism and asks whether it leads to structural symmetry or even procedural symmetry which synchronizes the acts of legislating and treaty-making with each other. This contribution analyses the role of the European Parliament in the different phases of international treaty-making against the backdrop of this constitutional practice. This constitutional practice is shaped by intergovernmental agreements, bilateral arrangements and European Parliament resolutions and is influenced by the mounting case law of the CJEU. It also assesses the European Parliament's role in concluding international administrative agreements concluded by the Commission and Europol and how far the constitutional practice is in line with EU primary law.

scholarly journals ABOUT COUNTERING THE FINANCING OF EXTREMISM AND TERRORISM (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)

2020 ◽  
Vol 35 (3) ◽  
pp. 121-127
Author(s):  
A. M. Abdulatipov ◽  
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Practical Importance ◽  
Criminal Cases ◽  
The Republic ◽  
Financing Of Terrorism

The article is devoted to the study of forms and methods of financing terrorism at the present time. This article describes the role of state authorities (including law enforcement) and local governments in countering the financing of terrorism and extremism. Based on the results of the study of analytical materials and criminal cases, the most effective measures in the mechanism for countering the financing of extremist and terrorist activities have been determined. The author notes that in order to effectively counter the financing of terrorism and extremism, the relevant state authorities need to rely not only on an understanding of traditional forms and methods of financing terrorism, but also on the results of tracking constantly developing and changing new risks. Based on the research the author made a number of conclusions and proposals of theoretical and practical importance

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

THE ROLE OF STATE PENSIONS IN SOCIAL PROTECTION OF CITIZENS

2021 ◽  
Vol 6 (3) ◽  
pp. 45-52
Author(s):  
Makhmudjon Ziyadullaev ◽  
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Constitutional Rights ◽  
Pension Systems ◽  
The Past ◽  
The Social ◽  
The World ◽  
The Republic ◽  
The Right

This article presents ofthe content of the right to social security, which is considered as one of the constitutional rights of citizens, the role of state pensions in the social protection of pensioners and the world pension systems, including distributive, mandatory and conditional pension funds.As well as the size of pensions and their components, the relevance and importance in the Republic of Uzbekistan, the ratification of the UN Universal Declaration of Human Rights and changes in thepension sector over the past 3-4 years, taking into account the types of pension provision, frombeginningsof independence of our country

scholarly journals Living Together as Neighbours: Rethinking the Reasonableness Standard in Nuisance Law Under the Constitution

2021 ◽  
Vol 24 ◽  
pp. 1-32
Author(s):  
Tina Kotzé ◽  
Zsa-Zsa Boggenpoel
Keyword(s):  
Common Law ◽  
Constitutional Rights ◽  
Narrow Sense ◽  
Underlying Principle ◽  
Living Together ◽  
The Common ◽  
Nuisance Law ◽  
The Republic ◽  
The Relationship

The Covid-19 pandemic, with its concomitant "stay at home" catchphrase, has certainly made living together as neighbours in a constitutional dispensation more tangible. Conflicts between neighbours will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and with different rights and interests are restricted to the boundaries of their properties as a result of the Covid-19 pandemic. The pandemic has provided us with the impetus to reflect upon the notion of "reasonableness" in neighbour law, particularly nuisance law in the narrow sense. In this context the role of neighbour law is ordinarily to regulate the relationship between neighbours. Therefore, neighbour law is crucial in that it resolves conflicts that arise between neighbours due to their everyday use of their properties. Whether the nuisance is objectively reasonable or goes beyond that which can be reasonably tolerable under the circumstances requires weighing up various factors dependant on the prevailing circumstances, rights, interests, values and obligations of the neighbours and the community. In the constitutional dispensation, based on the values of human dignity, equality, and freedom, this may inadvertently require courts to balance out and reconcile often opposing constitutional rights. To this end the underlying principle of nuisance law encapsulated in the phrases "give and take" and "live and let live" arguably already encapsulates the notion of balancing respective rights (constitutional or otherwise) and interests given the context of each case. However, courts do not always correctly apply the reasonableness test in a principled and coherent fashion, as illustrated in Ellaurie v Madrasah Taleemuddeen Islamic Institute 2021 2 SA 163 (KZD). This may lead to the conclusion that constitutional rights are ignored when the reasonableness test for nuisance law is applied. It is necessary to reconceptualise the reasonableness test in order to ensure that the common law is infused with constitutional values. There are numerous ways in which the ideals and values of the Constitution of the Republic of South Africa, 1996 (and even specific constitutional rights other than property rights) could be advanced if courts were more willing (not being held back by conservatism) and able (equipped with the necessary vocabulary) to apply the common law in line with the Constitution. It is pivotal that courts apply the reasonableness test correctly, considering all the relevant circumstances of the case, including the broader constitutional values and ideals such as ubuntu. It is arguable that if this were done, nuisance law would have a greater potential to incorporate a wider range of rights, interests and values so that the outcomes would be fairer and more equitable, which is, after all, the goal of the reasonableness standard in neighbour law.

scholarly journals The Role Of Leadership In The Result Of Integrity Assessment Survey In Ministry Of Finance Of The Republic Of Indonesia

2021 ◽  
Vol 15 (2) ◽  
pp. 149-161
Author(s):  
Tomi Murtomo ◽  
Setyo Riyanto
Keyword(s):  
Local Governments ◽  
Theoretical Perspective ◽  
Work Culture ◽  
Integrity Assessment ◽  
Common Thread ◽  
Ministry Of Finance ◽  
Assessment Survey ◽  
The Republic ◽  
The Relationship

This article reviews the relationship between leadership in the Ministry of Finance of The Republic of Indonesia and the results of the 2020 Integrity Assessment Survey conducted by the Corruption Eradication Commission of The Republic of Indonesia, where the Ministry of Finance obtained an index of 87.86 on a scale of 100.00. This achievement was classified as good because the average achievement index for the ministries/agencies and local governments was 82.6. With the various definitions of leadership, it is generally agreed that leadership plays an essential role in determining the success of an organization or group within the organization. Leaders have the authority to make decisions and in carrying out what has become a decision. In addition, through the authority possessed, the leader plays a role in determining the work culture and values that are embraced and carried out by everyone in the organization in relation to the implementation of work. This article aims to examine the role of leadership in the achievement of integrity assessment surveys in the Ministry of Finance of The Republic of Indonesia. From a theoretical perspective and studies related to leadership that scholars have previously carried out, there is a common thread between leadership and the results of the integrity assessment survey. It is necessary to conduct a more in-depth empirical study to find out how significant leadership contributes to the achievement of the results of the integrity assessment survey.

THE ROLE OF THE VILLAGE PERMUSYAWARATAN AGENCY IN IMPLEMENTING VILLAGE GOVERNMENT IN MALUKU VILLAGE KARANG JAYA (Peran Badan Permusyawaratan dalam Pelaksanaan Pemerintah Desa di Desa Karang Jaya, Maluku

2021 ◽  
Author(s):  
HARZIKO
Keyword(s):  
State Government ◽  
Local Governments ◽  
Regional Government ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Village Government ◽  
Consultative Body ◽  
The Village

AbstractThe territory of the Republic of Indonesia is very wide covering many large and small islands, so it is not possible if everything will be managed entirely by the Government which is domiciled in the State Capital, to manage the administration of state government to all corners of the country, it is necessary to form a regional government. Local governments and village governments have shifted from a centralized system of government to a decentralized one so that providing services to the public is closer and can be done optimally. This implementation brings a lot of hope to the improvement, management, and quality of local performance. This study aims to examine the role of the Village Consultative Body (BPD) in the Village Government and what factors hinder the role of the Village Consultative Body (BPD) in the Village Government in Karang Jaya Village. This research is a descriptive type of research, namely a study that describes the phenomena of a BPD cooperation management with the village head, thus the approach used is the normative approach. The results show that the BPD in Karang Jaya village has not been able to carry out its role optimally because the human resources of BPD members are still low, especially in the education sector so that in carrying out its roles and functions the BPD does not understand what to do concerning the control and supervisory functions. becomes its authority in controlling and supervising the performance of the Village Government / Village Head.Keywords: BPD, Karang Jaya, Role

scholarly journals Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia

2018 ◽  
Vol 1 (4) ◽  
pp. 1003
Author(s):  
Tafta Aji Prihandono ◽  
Sri Kusriyah Kusriyah ◽  
Widayati Widayati
Keyword(s):  
Human Rights ◽  
The State ◽  
Historical Change ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Dynamic Aspect ◽  
State Law ◽  
The Republic ◽  
The Government

In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (executive, legislative and judicial) still do not provide justice and satisfaction for those seeking justice, therefore the necessary awareness of constitutional rights of citizens in Indonesia. Efforts to protect the constitutional rights of Indonesian citizens can be done through the court and non-court lines, and can also via maximize the role of the Constitutional Court to extend its authority. The expansion of the authority of the Constitutional Court may be to accommodate Constitutional Complaint and Constitutional Question.Keywords: Awareness; Constitutional Rights; Form of Protection.

scholarly journals Existence of Local Government toward the Implementation of Coaching and Legal Supervision for Franchisee Business

2018 ◽  
Vol 6 (1) ◽  
pp. 45-70
Author(s):  
Ika Atikah
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Government Regulation ◽  
Legal Protection ◽  
Regional Autonomy ◽  
Local Revenue ◽  
Legal Supervision ◽  
The Republic ◽  
Implementation Of Coaching

AbstractThe growth of franchise business is so fast in Indonesia, involving many local businessmen and foreign businessmen who act as franchisor and franchiser. The development of the franchise business is greatly influenced by the protection of the law by the state. Currently, the legal protection of franchise business activities in Indonesia is regulated in Government Regulation no. 42 of 2007 concerning Franchise and Regulation of the Ministry of Trade of the Republic of Indonesia No. 57/M-DAG/PER/9/2014 concerning Franchise Operation. The role of local government to the local franchise and franchise business activities is very helpful to increase franchise activities to be advanced and as one source of local revenue. The importance of the attention of local governments in the issue of franchise business arrangement is a concrete manifestation of the spirit of regional autonomy. The implementation of regional autonomy focuses more on the role of regional level II (regency/city) as the spearhead of development. From that, coaching and legal supervision on franchise business is the most important part of the implementation of government regulations and trade minister regulations as a form of government concern to the uniqueness of franchise businesses that have distinctive characteristics of business in general.Keywords: Franchise, Local Government, Coaching, Supervision  Abstrak Pertumbuhan bisnis waralaba begitu pesat di Indonesia, melibatkan banyak pengusaha lokal dan pengusaha asing yang berperan sebagai pemberi waralaba dan penerima waralaba. Perkembangan bisnis waralaba sangat dipengaruhi perlindungan hukum oleh negara. Saat ini, perlindungan hukum terhadap kegiatan bisnis waralaba di Indonesia diatur dalam Peraturan Pemerintah No. 42 Tahun 2007 tentang Waralaba dan Peraturan Menteri Perdagangan Republik Indonesia No. 57/M-DAG/PER/9/2014 tentang Penyelenggaraan Waralaba. Peran pemerintah daerah terhadap kegiatan bisnis waralaba lokal dan waralaba asing sangat membantu meningkatkan kegiatan waralaba menjadi maju dan sebagai salah satu sumber pendapatan daerah. Pentingnya perhatian pemerintah daerah dalam masalah pengaturan bisnis waralaba adalah wujud nyata dari semangat otonomi daerah. Pelaksanaan otonomi daerah lebih berfokus pada peran daerah tingkat II (kabupaten/kota) sebagai ujung tombak pembangunan. Berangkat dari hal tersebut, pembinaan dan pengawasan hukum terhadap pelaku bisnis waralaba merupakan bagian terpenting dari pelaksanaan peraturan pemerintah dan peraturan menteri perdagangan sebagai bentuk kepedulian pemerintah terhadap keunikan usaha waralaba yang memiliki ciri khas berbeda dari bisnis pada umumnya.Kata Kunci : Waralaba, Pemerintah Daerah, Pembinaan, Pengawasan. DOI: 10.15408/jch.v6i1.8269

OPTIMALISASI PERAN PEMDA DALAM MENGATASI KENDALA PELAKSANAAN KONSERVASI KEANEKARAGAMAN HAYATI DI DAERAH (STUDI KASUS PROVINSI BENGKULU)

2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Antung Deddy Radiansyah
Keyword(s):  
Local Government ◽  
Biodiversity Conservation ◽  
Local Governments ◽  
Central Government ◽  
Wild Plants ◽  
Regional Government ◽  
Conservation Areas ◽  
Conservation Area ◽  
Conservation Policies

Gaps in biodiversity conservation management within the Conservation Area that are the responsibility of the central government and outside the Conservation Areas or as the Essential Ecosystems Area (EEA) which are the authority of the Regional Government, have caused various spatial conflicts between wildlife /wild plants and land management activities. Several obstacles faced by the Local Government to conduct its authority to manage (EEA), caused the number and area of EEA determined by the Local Government to be still low. At present only 703,000 ha are determined from the 67 million ha indicated by EEA. This study aims to overview biodiversity conservation policies by local governments and company perceptions in implementing conservation policies and formulate strategies for optimizing the role of Local Governments. From the results of this study, there has not been found any legal umbrella for the implementation of Law number 23/ 2014 related to the conservation of important ecosystems in the regions. This regulatory vacuum leaves the local government in a dilemma for continuing various conservation programs. By using a SWOT to the internal strategic environment and external stratetegic environment of the Environment and Forestry Service, Bengkulu Province , as well as using an analysis of company perceptions of the conservation policies regulatary , this study has been formulated a “survival strategy” through collaboration between the Central Government, Local Governments and the Private Sector to optimize the role of Local Government’s to establish EEA in the regions.Keywords: Management gaps, Essential Ecosystems Area (EEA), Conservation Areas, SWOT analysis and perception analysis

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