People’s Power Policy in Legal Construction in Treason Criminal Law as Indonesian Penal Code Reform

Last year, People’s power was sounded during the presidential election period. It is still reaped the pros and cons in various circles, some called it as part of the treason, and some categorized it as a form of freedom of expression. The purpose of this article to see if the legal construction of treason criminal law is regulated under the current Penal Code, people’s power can be categorized as treason and how people’s power policies should be in the future under the legal construction of treason under criminal law. the normative point of view with the statutory approach, conceptual approach, and case approach, analyzing the concept of people’s power is not appropriate to calls as a criminal act of treason because it does not meet the juridical construction of treason under the Article 104, Article 106, and 107 of the penal code(KUHP). Likewise, in Article 191 Indonesian Penal Code Bill (RKUHP), Article 192, Article 193, and 194 RKUHP. People’s power policy in the legal construction of treason criminal law as an effort to reform the Penal Code needs to be reformulated in particular articles, later in Article 194 ofthe penal code(KUHP). The legal construction of treason criminal law then emphasized in words against the government without using the weapons.

Napoleonic Legacies, Postcolonial State Legitimation, and the Perpetual Myth of Non-Intervention: Family Code Reform and Gender Equality in Mali

In May 2018, the African Court on Human and Peoples’ Rights held that Mali’s 2011 Family Code violated women’s and children’s rights. Widespread protests halted the adoption of a more progressive draft Code passed by the Malian National Assembly in 2009. In Francophone Africa, family codes are legacies of the patriarchal 1804 Napoleonic Code whose reform has been contentious. Drawing from the work of Frances Olsen and Roland Barthes, anthropology of the state, African feminist thought, and critical comparative family law, I argue that by emphasising that the Code ‘reflect[s] socio-cultural realities’, Mali mobilises a myth of non-intervention of the state in the family. This myth serves to legitimate the postcolonial state which faces challenges concerning diversity, democracy, development, and secularism. Tracing the myth back to the Napoleonic Code and through French colonialism, I conclude that it helps to bolster the state while distorting the possibilities for more egalitarian reform.

The Function of Judicial Practice Concerning the Reform of the Japanese Civil Code (Example of “Contract for Work”)

<p>This paper examines the role of judicial jurisdiction in law-making process in statute countries. The analysis focused on the reformed Japanese Civil Code, which entered into force on 1 April 2020, and more specifically on the conflict between the reformed Civil Code and the precedents of previous legal status. The purpose of the paper was to emphasize that it is extremely important to consider the relationship between new rules and previous precedents. By using the reformed rules of “contract for work” in the Japanese Civil Code reform, this article analyzes and explains the meaning of precedent in law-making process.</p>

When Criminal Code Reform Does Not Lead to Atrocity Criminalization

This chapter examines three negative cases—cases in which new criminal codes did not include atrocity offenses—to explore why the legal borrowing thesis does not hold in some otherwise favorable cases. The first two cases—Colombia in 1980 and Poland in 1969—shared with Guatemala much that made them prime candidates for the legal borrowing thesis. These included diffusion of atrocity criminalization among regional legal peers and strong ties between criminal code drafters and professional networks linked to the continental European criminal law tradition. This chapter shows that atrocity laws in Colombia and Poland’s draft codes were discarded at the last minute because they became politicized, though for different reasons. The third case—the Maldives in 2014—did not possess characteristics that made it favorable for the legal borrowing thesis. Nevertheless, it was a strong candidate for alternative explanations connecting criminal code reform to atrocity criminalization. This case is revealing, because it illustrates why these otherwise favorable conditions were insufficient for atrocity criminalization. The chapter shows that the drafters of the Maldivian code never considered including atrocity offenses, because their particular professional orientation and the sources they used for guidance did not favor them. Taken together, these three cases underscore the importance of professional-level mechanisms for understanding variation in the inclusion of international norms in new domestic institutions. They also illustrate conditions under which some of the mechanisms in the legal borrowing thesis may fail to obtain.

Pathways and Determinants of Atrocity Criminalization

This chapter presents a new, comprehensive dataset on the global spread of atrocity laws. It uses time-series statistical analyses to systematically test the book’s theory of atrocity criminalization against alternative explanations on global patterns of cases. The results provide strong support for four expectations that follow from the book’s main arguments. First, more democratic governments are more likely than autocratic ones to criminalize atrocities through targeted legislation. Second, on its own, the adoption of a new criminal code in a given state of any regime type greatly increases the likelihood that the state criminalizes atrocity offenses. Third, when governments do adopt new criminal codes, they are more likely to include atrocity offenses if the types of sources from which drafters are likely to borrow favor atrocity criminalization. Specifically, higher rates of atrocity law diffusion among regional legal peers and greater levels of embeddedness in networks influenced by the International Association of Penal Law are associated with greater likelihoods of including atrocity offenses in new criminal codes. Finally, the determinants of criminalization through criminal code reform are different than those of criminalization through targeted legislation, supporting the claim that these two pathways are the products of distinct behavioral dynamics.

Explaining the Criminalization of Atrocities

This chapter presents a theory explaining why states criminalize atrocity offenses in national law. It identifies and theorizes two different pathways to criminalization: targeted legislation and wholesale criminal code reform. These two pathways result from the efforts of different actors with different motivations, and thus represent distinct behavioral logics. Drawing on research on commitment to human rights norms, this chapter argues that criminalization through targeted legislation reflects policymakers’ preferences over the use of violent abuse. Following Simmons, this explanation is referred to as the “rational expression thesis.” In contrast, criminalization though criminal code reform reflects the views of technocratic criminal code drafters over what features they deem to be important for a “modern” code. The book refers to this as the “technocratic legal borrowing thesis,” and it is the main focus of this chapter. The chapter draws on comparative law scholarship and research on professional communities in policymaking to argue that large-scale legal reform processes are a unique and potent opportunity for international legal norms to be incorporated into domestic institutions. It theorizes how these processes empower technocratic legal experts and motivate them to seek out emblematically “modern” norms. This pursuit leads experts to borrow legal ideas from their regional peers and leading transnational professional associations, and in the post-World War II era, such sources have often favored atrocity criminalization. In turn, the depoliticizing context of technocratic modernization helps paint atrocity provisions as merely technical features of a “modern” code, thus reducing government scrutiny of them and facilitating their ultimate approval.

El señalamiento del orden de los apellidos de la persona, en el Anteproyecto de Reforma del Código Civil Peruano. Primeras impresiones

RESUMENEn el siguiente texto, el autor analiza el nombre de la persona, con especial atención en la regulación propuesta por el Anteproyecto de Reforma del Código Civil respecto al orden de sus apellidos; valiéndose para ello de las normas vigentes del Código sustantivo, las experiencias del Derecho comparado y los proyectos legislativos del Congreso de la República del Perú sobre el particular.PALABRAS CLAVEDerecho civil. Nombre de la persona. Apellidos de la persona. Anteproyecto de Reforma del Código Civil peruano. Elementos de la personalidad. ABSTRACTIn the following text, the autor analyzes the name of the person, with a focus on the regulation proposed by the Civil Code Reform Project regarding the order of their surnames, relying on existing rules of substantive Code; the experiences of comparative law and legislative projects of the Congress of the Republic of Perú on the subject.KEYWORDSCivil law. Name of the person. Surname of the person. Peruvian Civil Code Reform Project. Elements of personality.

Is BJP Conservative?

This article will consider whether the Bharatiya Janata Party (the BJP), the party currently ruling India, may be considered conservative. The author will use Swapan Dasgupta’s 2015 lecture on conservatism as a starting point for further deliberations. While agreeing with some of Dasgupta’s points, the author will conclude that the defining elements of Indian conservatism which he had proposed can, at the same time, define Hindu nationalism as well. To find the difference between the two, the text will consider a few historical examples of disputes and cooperation between the parties of the Hindu Right (and between Hindu conservatives and Hindu nationalists in general) such as the issue of the civil code reform, the attitude towards Dalits (untouchables) and the question of monarchy abolition. The final conclusion of the text is that while Hindu nationalism does share certain aspects and goals with Hindu conservatism, it also differs with it on some other points, and thus the BJP is more of a nationalist than a conservative party. It was the Ramrajya Parishad, a small and now defunct party, that in the author’s view represented the strand of Hindu conservatism.

Contractual Preemptive Rights: Russian Doctrine and European Tradition in the Context of Russian Civil Code Reform

Problems associated with the possibility of the stipulation of preemptive rights by contract and their effective protection are researched in this article. Based on the examples of German, French and Swiss civil legislation, we establish that contractual preemption is widely used in Europe as a convenient instrument to formalize the interests of the participants in a civil turnover. In this connection, in Russian civil doctrine, the widespread idea that preemptive rights may be stipulated only by law, not by contract, should be revised.We state that the essence of the institution of preemptive rights predetermines its remedy. Historically Russian civil law provides specific remedy in case of breach of the most spread statutory preemptive rights. It is a claim by the entitled person (holder of preemption) against a third party (counterparty of obliged person whose contract breached the preemption) to transfer from the third party to the entitled person the rights and duties that arose under the contract between the third party and the obliged person. This remedy is more efficient for the entitled person than damages. In accordance with the principle of good faith, it may be used only in cases in which the third party knew or should have known about preemption. However, this requirement is complied in relation to protection of statutory preemptions only. As far as both contractual preemptive rights and contracts stipulated the latter are not recognized and not registered in Russia, such suit will be dismissed by court. The lack of effective protection of contractual preemptions impedes the creation of full-fledge system of preemptive rights in Russian civil law.In order to create effective mechanism of protection of contractual preemptive rights by giving the participants of a civil turnover the opportunity to ascertain if there is a contractual preemptions, we suggest that Russian civil legislation should be added by two registration systems. The first is a system for the registration of contracts that stipulate preemptions over immovable property (or registration of the preemptions itself which is better) provided by the Federal Service for State Registration, Cadastre and Cartography of the Russian Federation. The second is a system for the registration of notifications on the conclusion of contracts that stipulate contractual preemptive rights over movable things that could be established by an expansion of the existing system for the e-registration of notifications оf pledges of movable things under the jurisdiction of the Federal Chamber of Notaries of the Russian Federation.