Legal policy

When business activities are carried out based on Islamic principles have disputes, the estuary of the settlement of disputes in litigation sharia is the absolute competence of religious courts in accordance with Law No. 3 of 2006. While the government's legal policy (legislative and executive) on economic activity sharia impressed still ambiguous. Government ambiguity is reflected in article 55 paragraph (2) of Act No. 21 of 2008 which still provides the option of dispute resolution through the courts of Islamic banking in general court.

Implementation of Law No. 26/2000 proved ineffective and even failed in law enforcement against the perpetrators of gross human rights crimes in the cases of East Timor, Tanjung Priok and Abepura, Papua. The state still owes 7 (seven) cases of gross human rights violations as a result of KPP HAM investigations which until now are still hanging without legal certainty. The pattern of resolving cases of gross human rights violations in Argentina, South Africa and Chile should be emulated by Indonesia because it managed to get out of the dark past by forming a TRC towards national reconciliation and looking to the future in a spirit of unity and unity based on Pancasila.

Naskah akademik RUU KUHP sudah relevan dari sisi intelektual-akademis pidana, meski perlu kehati-hatian dalam menyikapi politik hukum kodifikasi warisan liberalisme-hukum sejak zaman Perancis (Napoleon Bonaparte) dan Belanda bahwa living law tradition akan kurang diakui dalam pelaksanaan putusan.

Nahdlatul Ulama’ sebagai organisasi kemasyarakatan yang hari ini sedang tegak lurus menghadapi ancaman kebangsaan, perlu mendorong agar RUU KUHP segera disahkan. Forum genossenschaft seperti Bahtsul Masa’il dapat membahas politik hukum kodifikasi atas pencabutan Wetboek van Strafrecht dengan catatan bahwa pihak legislator benar-benar komitmen pada Pancasila, Hak Asasi Manusia, dan nilai-nilai adat yang berkembang di masyarakat terutama nilai-nilai adat yang sudah terintegrasi dengan nilai-nilai keislaman yang toleran.

Tantangan kedepan adalah mengembangkan ketentuan dalam Pasal 2 dan Pasal 123 RUU KUHP bahwa hasil keputusan Bahtsul Masa’il dan kesatuan masyarakat hukum adat dapat menjadi pertimbangan majelis hakim (rechtsvinding) dalam pengambilan keputusan. Terutama, mengembangkan pengetahuan akademis tentang prinsip al-‘adatu muhakkamah dan ‘urf.

Komisi Yudisial yang berwenang mengawasi perilaku etik Hakim perlu diajak dialog tentang hasil-hasil Bahtsul Masa’il qanuniyah agar Hakim mempertimbangkan living law tradition dalam pidana tambahan.***

Dalam konteks Indonesia, wacana hak asasi manusia bukan hal baru, sejak zaman perjuangan kemerdekaan hingga era reformasi saat ini hak asasi manusia mendapat tempat utama dan prioritas dalam sistem politik dan ketatanegaraan kita. Apalagi, di era reformasi, wacana HAM sangat mengemuka diberbagai media massa baik cetak maupun digital. Para politisi, akademisi, aktivis dan kalangan teknokrat membincangkan wacana HAM sebagai tuntutan yang harus segera dituangkan dalam kebijakan politik kenegaraan setelah perjalanan panjang rezim otoriter Soeharto mengabaikan HAM dalam pemerintahannya.

This study aims to find the ideal model of punishment as an effort to eradicate corruption in the corruption law enfoercement system in Indonesia. The discovery of the ideal model is urgently needed in view of the model to eradication corruption that has been applied in Indonesia dominant approach between the legal structure and legal substance, and tend to forget the legal cultural approach, while the law enforcement itself takes a holistic approach between the legal substance, legal structure and legal culture. Without being supported by a conducive legal culture, surely the law in the framework of the fight against corruption can be realized. The application of shaming punishment idea is a certainty in order to restore equality in society as a result of the loss of the state's financial resources that was corrupted by the criminal perpetrator.

Completed in partial consideration of honors in the Public Policy and Law Program at Trinity College, this senior thesis focuses on an analysis of state court adoptions and applications of the Restatement (Second) of Contracts and the Restatement (Second) and (Third) of Torts. The Contracts Restatement case study evaluates Connecticut cases at the Supreme and Appellate level, while the Torts Restatement case study considers Washington cases at the Supreme and Appellate level. Considerable attention is given to the history of the Restatements and the American Law Institute, the development of their objectives to "state what the law is" and their adoption of minority viewpoints, and the impacts of the Restatements on litigant rights and opportunities to recover in areas such as damages. Concluding remarks also posit suggestions and policy changes at the ALI that could make the adoption of minority viewpoints more transparent and inclusive.

Advisors: Professor of the Practice in Public Policy and Law Glenn W. Falk and Visiting Professor of Public Policy and Law Michael Bangser

Program: B.A., Public Policy and Law, With Honors, Trinity College

An individual is typically considered an adult at age 18, although the age of adulthood varies for different legal and social policies. A key question is how cognitive capacities relevant to these policies change with development. The current study used an emotional go/no-go paradigm and functional neuroimaging to assess cognitive control under sustained states of negative and positive arousal in a community sample of one hundred ten 13- to 25-year-olds from New York City and Los Angeles. The results showed diminished cognitive performance under brief and prolonged negative emotional arousal in 18- to 21-year-olds relative to adults over 21. This reduction in performance was paralleled by decreased activity in fronto-parietal circuitry, implicated in cognitive control, and increased sustained activity in the ventromedial prefrontal cortex, involved in emotional processes. The findings suggest a developmental shift in cognitive capacity in emotional situations that coincides with dynamic changes in prefrontal circuitry. These findings may inform age-related social policies.

Pendidikan dasar menjadi fondasi utama dalam mencetak Sumber Daya Manusia (SDM) yang unggul dan mumpuni demi menunjang pembangunan dan pertumbuhan suatu negara. Tujuan Pembangunan Berkelanjutan (Sustainable Development Goals/SDGs) yang diadopsi oleh Perserikatan Bangsa-Bangsa (PBB) dari hasil Pertemuan Agenda Pembangunan 2030 di Majelis Umum pada tahun 2015, menjadi tumpuan negara-negara untuk berkembang sesuai apa yang disetujui dalam SDGs, termasuk dalam bidang pendidikan (Tujuan Nomor 4). Artikel ini akan menganalisis bagaimana Indonesia mengatur pelaksanaan pendidikan dasar melalui politik hukum sehingga dapat memenuhi tujuan pendidikan berkualitas, dan bagaimana seharusnya Indonesia mengimplementasikan politik hukum pendidikan dasar demi mencapai tujuan tersebut.

წინამდებარე სტატია ეძღვნება დასავლეთის დემოკრატიულ სახელმწიფოებში საკონსტიტუციო კონტროლის სადავო საკითხს. ავტორებმა განიხილეს კონსტიტუციური იურისპრუდენციის გამორჩეული როლი; წარმოადგინეს ე.წ ამერიკული და ევროპული კონსტიტუციური კონტროლის მოდელების მოკლე მიმოხილვა; განიხილეს თითოეული მოდელის პრაქტიკული და დოქტრინალური ასპექტები; და მიუთითეს სამი ტიპის არგუმენტზე კონსტიტუციური კონტროლის ევროპული კონცეფციის მხარდასაჭერად. ტექსტის ნაწილი დაეთმო სადავო საკითხს, რომელიც გულისხმობს უცხოელი მოსამართლეებისთვის უფლებამოსილების მინიჭებას, განსაზღვრონ ქვეყნის საშინაო და საგარეო პოლიტიკური ვექტორები. ნაშრომში განხილულია საქართველოს საკონსტიტუციო სასამართლოს ირგვლივ დღეს არსებული პრობლემათა ნაწილი, რის საპასუხოდაც ავტორები მიუთითებენ კონკრეტულ იურიდიულ რეგულირებაზე საკონსტიტუციო სასამართლოს, ავტონომიური და სასიცოცხლო მნიშვნელობის ინსტიტუციის, დაკომპლექტებასთან დაკავშირებით.

In Vietnam, University Council is an important executive body in public higher education institutions as defined in the Higher Education Law, the University Charter in 2012. However, up to now, only a few universities have established the Council, the operation of this organization has shown limitations, and has not been as effective as expected. In this article, the authors attempt to research on the current situation of the Law on the University Council in higher education institutions, thereby, suggesting a number of solutions to improve the legal policy in order to enhance autonomy in public higher education institutions in Vietnam.

The Indonesian Parliament 2019-2024 has some legislation agendas namely the carry-over for the bill and the omnibus law of the Employment Creation Act and the Empowerment MSMEs Act. Therefore, this paper examines the arrangement of the legislation carry-over and politics of law of the omnibus law of these laws. Carry-over is applied in this period based on Article 71A The Act Number 15 of 2019, for the sustainable of the laws making. The bill in the Indonesian Parliament Prolegnas of the previous period which has discussed the inventory list of issues can be carried out to the Indonesian Parliament for this period, by approving and set the bills that have fulfilled the requirement in the arrangement of the Prolegnas 2020-2024 and the annual priority bills. The mechanism of carrying over needs to be regulated further so that the Regulation of the Indonesian Parliament Number 2 of 2016 concerning the Procedure for the Forming of the National Legislation Program needed to be revised. Carry-over legislation needs to apply the concept of the omnibus law so that there is harmony with the political will to simplify the regulation and deregulation. The politics of law of the omnibus law in the Act of Employment Creation and the Act of Empowering MSMEs started when the President expressed the political will to enact both laws which functioned as an omnibus law by forming a law for simplification and deregulation the laws and regulations related to the right of work and development MSMEs. This political will needs to be followed up with political of law in the Indonesian Parliament starting from the planning of the National Legislation Program to the establishment of the act. The omnibus law can be applied to other bills.

The objective of this article is the best strategies and models of distance and online education to universities in the context of modern legal education policy, tempting its effectiveness. The methodological framework of this research is based on the comparative anective of distance and online education best practices offered by some universities around the world. A full study of the technical, pedagogical and managements issus of distance education has also been provided. Based on an empirical approach, testing, evaluation and control of usability, accessibility, file and security of some techniques, and related resources have been carried out. An experimental study has also been conducted with the aim of obtaining, comparing and using certain relevant data on the attitudes, priorities and learning outcomes of law students in a traditional versus distance learning environment. The main result of the study is the design of a model of mass, open and lively distance learning and teac...

The objective of this article is the best strategies and models of distance and online education to universities in the context of modern legal education policy, tempting its effectiveness. The methodological framework of this research is based on the comparative anective of distance and online education best practices offered by some universities around the world. A full study of the technical, pedagogical and managements issus of distance education has also been provided. Based on an empirical approach, testing, evaluation and control of usability, accessibility, file and security of some techniques, and related resources have been carried out. An experimental study has also been conducted with the aim of obtaining, comparing and using certain relevant data on the attitudes, priorities and learning outcomes of law students in a traditional versus distance learning environment. The main result of the study is the design of a model of mass, open and lively distance learning and teaching that enhances the quality of university education in general and the training of law students in particular.

I argue that the standard of judicial review used by the European Court of Human Rights is variable. Notably, the Strasbourg Court chooses to employ a weaker form of judicial review when interacting with domestic courts it deems to be ‘responsible’ and a stronger form of judicial review when interacting with those it deems are not.

In Vietnam, University Council is an important executive body in public higher education institutions as defined in the Higher Education Law, the University Charter in 2012. However, up to now, only a few universities have established the Council, the operation of this organization has shown limitations, and has not been as effective as expected. In this article, the authors attempt to research on the current situation of the Law on the University Council in higher education institutions, thereby, suggesting a number of solutions to improve the legal policy in order to enhance autonomy in public higher education institutions in Vietnam.

The environment includes all objects and conditions impacted human inhabitant and living things include power (energy), circumstances, living things, humans and their behavior as well as living space that forms a synergic and inseparable order from one another as regulates in Article 1 number (1) of Law Number 32 Year 2009 concerning Environmental Protection and Management (hereinafter abbreviated as the 2009 EPM Law). This article was conducted to finding, researching and analyzing how does the registration of adat land or communal rights affects the carrying capacity of the environment and the reconstruction of norms that encourage compliance with customary land registration or communal rights to environmental carrying capacity. Whereas Communal Rights on land still do not guarantee legal certainty because the Communal Rights issued are based on the Agrarian Minister Regulation or the Draft Land Law, not based on Laws as other land rights, or as regulated in Article 16 paragraph (1) h of the 1960 BRAP Law, which determines the possibility of new land rights in the future determined by Law. The compliance of the customary law community of Klungkung Regency over the certification of their land with Communal Rights can be seen that first, specifically for the land owned by the Pura, the whole process of certification has been carried out even though not all of the Communal Rights certificates have been issued. Secondly, for customary community lands / pakraman villages which are village land or village plots which are managed by each member of pakraman village community up to now have not been certified because there are doubts and feel uncomfortable and there are concerns over land issues concerned and in the context of maintaining togetherness with the adat law community concerned.

After the enactment of Act No. 6 2014 on the village, the standing of Badan Permusyawaratan Desa is no longer be placed as an element of the village governance. Because of that, Badan Permusyawaratan Desa just become an independent institution outside the village governance. Even Badan Permusyawaratan Desa doesn't exist as an element of the village governance, but it still have governmental functions. However, Badan Permusyawaratan Desa not have good bargainnig position in village governance. The Badan Permusyawaratan Desa standing has shifted, it's based on Article 23 Act No. 6 2014 on the village. Therefore, need to strengthen the standing of the Badan Permusyawaratan Desa. In principle, the standing of the Badan Permusyawaratan Desa must be returned as an element of the village governance. By putting back the position of Badan Permusyawaratan Desa as an element of the village administration, then the village chief and Badan Permusyawaratan Desa into alignment. The pattern of the relationship between the village chief and Badan Permusyawaratan Desa will be balanced. Moreover, on the basis of the principle of checks and balances.

The article analyzes the main directions for ensuring economic security in the context of customs-legal regulation within the international community. Particular attention is paid to the modernization of state legislation in terms of liberalization of administrative, fiscal and other barriers aimed at reducing risks, eliminating and overcoming obstacles to the development of national economies. Scientifically based proposals are aimed at optimizing criminal policy in the field of improving the mechanism of customs-legal regulation, taking into account the peculiarities of regional development.