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The paper discusses the relationship between the sources of international law and fairness. The author addresses this issue within the framework the following main question: what is the role of fairness for the formal sources of international law? By analysing the relationship between fairness and the formal sources of international law, the author also responds to two other, substantively relevant, questions: is the typology of these sources listed in Article 38 of the Statute of the ICJ fair?; is soft law a means to fairness in the sources? The author claims that fairness is neither a material nor formal source of international law but it is a procedural value which supports the legitimacy of the making of international law. Thus, it is relevant to the formal, not material, sources of international law. The term 'formal sources' is used in the paper in the twofold meaning. First, as instrumentum or 'containers' for rules and principles (where the law can be found), and, second, as processes and forms by which rules and principles are made. The author's proposition is that fairness is primary relevant to the latter meaning. When the international law-making processes are fair, then their results, i.e., the formal sources conceived as instrumentum or 'containers' are also fair, and the law may be known. Rules and principles of international law are fair when they satisfy the requirements of a fair international law-making process, in particular, certainty, transparency and authoritativeness/representativeness. That is why, fairness may be seen as a crucial criterion of the legitimacy of international law-making processes. There are close relationships between fairness, law-making, legal certainty, effectiveness of rules and principles and the rule of law. These relationships mark the place of fairness in the sources of international law. The author seeks to point out that fairness as a product of the constantly changing social and political environment, does not occur in its pure form in practice. As such, fairness is a 'matter of degree' in the international law-making. That is why, a realistic goal of the international legal order is neutralization of unfairness as much as possible. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Indonesian state has Civil Servants who have functions as public servants, glue and unify the nation as well as policy implementers as state civil servants. Violations of work discipline often create discomfort in the work environment, interfere with productivity and damage relationships between colleagues. For example, what happened in Batam City was that two civil servants who skipped work were dismissed for violating the code of ethics. Therefore, this study aims to analyze and provide recommendations for efforts to improve the application of civil servant discipline, especially at the Batam City Education Office. This research was obtained through in-depth interviews with the Head of the Batam City Education Office and civil servant staff as well as analyzing documents related to civil servant discipline regulations, journals, research results and books. Based on the results of the study, the application of civil servant discipline at the Batam City Education Office is still not optimal. Things that have not been optimal in the social field related to human relations on the productivity of civil servants, the psychological field is the awareness and willingness of individuals to contribute positively in their work environment, while the related juridical field has not been optimal in implementing legal certainty in implementing civil servant discipline due to the lack of firmness from the Head of the Batam City Education Office in cracking down on civil servants who are not disciplined at work. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legal certainty in property ownership is crucial for protecting the rights and interests of property owners. This study examines the legal certainty provided by ownership certificates for flats under Indonesia's "Law No. 20 of 2011" (UURS). It also explores the legal implications of constructing flats on land with building use rights, a status that differs from full ownership rights. Using a normative research method, the study analyzes relevant laws, regulations, and academic literature to understand how legal frameworks govern flat ownership and ensure the legitimacy of ownership certificates. The findings reveal that ownership certificates for flats confer private ownership of specific units and related common areas, but legal challenges arise when flats are constructed on land with building use rights, especially concerning the renewal of these rights. The study underscores the importance of continuous legal oversight and clear legislative guidelines to maintain and strengthen legal certainty over ownership certificates. Additionally, it highlights the potential legal risks and uncertainties that flat owners may face if the underlying land rights are not properly managed or renewed. The study concludes that while ownership certificates offer significant legal protection, the dependence on building use rights for the underlying land introduces potential vulnerabilities. Future research should explore the legal and practical implications of the expiration and renewal of building use rights, the impact on flat ownership, and alternative legal frameworks that could provide greater security for property owners. [ABSTRACT FROM AUTHOR]

In general, there are laws that provide protection to banks as lenders to obtain repayment of their debts when the debtor is in default, this is stated in Article 1131 of the Civil Code which reads: "All assets of the Debtor, whether movable or immovable, whether existing ones or those that will be in the future become dependents/guarantees. Debtor's assets, both movable and immovable, both present and future will become dependents/guarantee for their debts”. Then Law Number 4 of 1996 was born which specifically regulates the implementation of Mortgage (UUHT). One of the characteristics of the UUHT is that it is easy and certain to execute, which means executing the mortgage certificate. must be carried out but can still provide legal certainty for interested parties, in this case, the auction seller, auction buyer and auctioneer. Therefore, in carrying out executions based on parate execution, it must be able to provide convenience and legal certainty for all interested parties. [ABSTRACT FROM AUTHOR]

This study aims to identify and understand in depth the factors that cause development in the green open space zone and agricultural zone in Mengwi District, Badung Regency, as well as analyze the legal certainty for building owners in these zones. The research was carried out in a qualitative descriptive manner with legal interpretation and legal communication methods, which systematically prepared legal materials to be presented in the thesis entitled "Legal Certainty Against the Distribution of Buildings and Conformity with Detailed Spatial Plans in the Mengwan District Area (RDTR WP), Especially in the Green Open Space Zone and Agricultural Zone." The results show that social factors such as population growth, inheritance rights distribution system, and low interest of the younger generation in agriculture are the most important factors that affect the development and conversion of green open spaces (RTH) in this area. However, there are challenges in law enforcement such as the effectiveness of long-standing regulations and the lack of public awareness of the importance of preserving green lanes. The government and related agencies need to be more decisive in sanctioning buildings in the area to maintain green areas and agriculture as a mitigation effort in preventing land conversion. This research is expected to be a guideline for the community in using land in accordance with spatial planning, providing input for the government on the legal impact of land use transitions, and providing guidance for all stakeholders related to land use. [ABSTRACT FROM AUTHOR]

This article reviews the roles and responsibilities of local officials in the use of discretionary powers and the legal repercussions that may arise from their decisions. Through a juridical approach, it investigates the legal protections available to local officials when they face indictments or lawsuits as a result of their discretionary actions. Taking into account the existing legal framework, this article analyzes various factors that may influence whether local officials will be held legally responsible for their discretionary decisions, including ethical, public policy and fairness considerations. In addition, it explores the legal safeguards that local officials can take, including enforceability of laws, liability insurance, and dispute resolution mechanisms. As such, this article aims to provide a better understanding of the complexities of legal protection for local officials in the context of the use of discretionary authority. The results showed that legal protection for regional officials related to the use of discretionary authority can be seen from various aspects, including the principle of legality, the principle of legal certainty and accountability. The juridical analysis of legal protection against charges due to discretionary authority for regional officials shows the importance of a deep understanding of the limits and responsibilities attached to the use of such authority. By paying attention to aspects of legality, legal certainty, and accountability, it is hoped that legal protection for regional officials can be guaranteed in the context of the use of discretionary authority. [ABSTRACT FROM AUTHOR]

The number of domestic violence cases continues to increase every year. The majority of the victims of violence are women. The purpose of this study is to determine the protection in the form of fulfilling the rights of domestic violence victims in divorce cases to achieve justice, certainty, and utility. This research uses a qualitative method by employing normative research that examines primary, secondary, and tertiary legal materials and utilizes descriptive analysis. The theory used is the theory of legal objectives, namely justice, certainty, and utility. This study analyzes efforts to protect victims by the domestic violence eradication law. Based on the results of this research, efforts in the divorce process include filing for protection and fulfilling rights, and the implementation of fulfilling the rights of domestic violence victims after divorce is not oriented towards legal certainty and utility as stipulated by the law. This includes requesting counseling services and an order for the husband to leave the shared residence until a legally binding decision is made. Additionally, the husband should continue providing financial support for the wife and children during the examination of the case. [ABSTRACT FROM AUTHOR]

Copyright of Estado & Comunes, revista de politicas y problemas publicos is the property of Instituto de Altos Estudios Nacionales (IAEN) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research aims not only to explore the mechanisms of restitution implementation, the assessment benchmarks for determining the amount and form of restitution, and the execution of restitution decisions but also to devise a comprehensive model ensuring fair and legally certain restitution for crime victims. Through qualitative empirical research and employing legal, conceptual, and comparative law approaches, it has been identified that the restitution mechanism has faced issues from its inception, both in terms of regulation and implementation, resulting in failures in restitution claims. Furthermore, the benchmarks for assessing restitution have accumulated future losses for victims without being actionoriented. Numerous failures in the execution of restitution decisions have also been uncovered. Therefore, it is recommended to develop a restitution model based on justice and legal certainty. Among these recommendations are: eliminating limitations on victim types for restitution claims, establishing a mechanism that refers to diversion requests to compel law enforcement agencies to pursue restitution, developing restitution in actionable forms, seizing the perpetrator's assets from the investigation stage, executing restitution without waiting for inkracht, adjusting subsidiary sanctions, implementing installment payments, revoking the convicted individual's rights, and integrating a restitution and compensation scheme through the development of a victim assistance fund. Additionally, the establishment of oversight for the implementation of restitution is proposed. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 311-335 | Article | (Table of Contents) I. Setting the scene: introductory remarks. – II. The possibility to reopen a case and ne bis in idem: main theoretical issues. – III. Retrial and ne bis in idem in Europe through the lens of the Charter, the ECHR and the CISA. – IV. A focus on the ECHR: Art. 4 of Protocol 7 as a benchmark for cases reopening in Europe. – IV.1. New or newly discovered facts. – IV.2. Fundamental defects in proceedings. – IV.3. The influence on the outcome of the case. – V. Concluding remarks. | (Abstract) The principle of ne bis in idem, intrinsically linked to the concept of res iudicata, constitutes a fundamental cornerstone of criminal justice, ensuring protection against multiple prosecutions or punishments for the same offense. Nevertheless, the ever-evolving legal landscape has engendered extensive discussions concerning the potential reopening of criminal cases, particularly in light of novel evidentiary findings or fundamental procedural irregularities in the criminal proceedings at stake. This Article embarks upon a comprehensive and exhaustive inquiry into the intricate interplay between the re-examination of criminal proceedings and the ne bis in idem principle in Europe. By concentrating on key legal instruments, including the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights (ECHR), and the Convention Implementing the Schengen Agreement (CISA), this study aims at exploring the theoretical, legal, and human rights implications associated with such a course of action. At the heart of this analysis lies a meticulous examination of art. 4 of Protocol 7 to the ECHR, which serves as a pivotal benchmark governing the permissibility and justifiability of reopening criminal proceedings. Within this context, it will be demonstrated that, unfortunately, the interpretation of the latter provision by the Strasbourg Court – which provides for the minimum standards of protection of ne bis in idem in EU law – has not been consistent, creating potential issues concerning legal certainty and clarity that could undermine the essence of the said principle. Against this composite background, the primary objective of this Article is to illuminate the extent to which the principle of ne bis in idem may be rendered less stringent, in exceptional circumstances, to accommodate legitimate grounds warranting the reopening of criminal proceedings within the European legal framework.

The article provides an analysis of the key theses of Gustav Radbruch, known as the Radbruch Formula, which reflect the position of the prominent German legal philosopher of the first half of the 20th century regarding the judge’s duty not to apply «intolerably unjust laws». This preference is given to the principle of justice over the principle of legal certainty in certain categories of «hard cases». The article analyzes Radbruch’s formula regarding the nature of law itself and the evaluation of statutes as either having or lacking legal character, as well as their validity. The authors’ foundational approach in analyzing the Radbruch Formula is based on considering the dynamics of Radbruch’s philosophical-legal system, as a representative of Southwest (German) School of neo-Kantianism, in relation to the balance between the principles of legal certainty and justice as components of the idea of law. Radbruch’s views on the nature of law, which from the second half of the 20th century have formed the foundation of modern non-positivist legal theory in its «inclusive version», are also examined. The main characteristic of the Radbruch Formula is highlighted through three key theses of Radbruch concerning the relationship between the principles of legal certainty and justice, and their combination into two formulas. This epistemological approach enables a more detailed analysis of the ideas embedded in the Radbruch’s Formula. Under normal conditions of law and order, the first thesis indicates the need to give priority to the legal certainty of the law in law enforcement. The first formula, or the «intolerability thesis», describes the condition under which a law, as «incorrect law» or unjust law, is not recognized as legally binding from the moment of its creation. Intolerable injustice serves as the criterion for determining that the law is not law. Only intolerably unjust laws, among those that are to some extent unjust in content, lack legal force and cannot be applied by judges in the process of adjudication. The second formula, or the «rejection thesis», describes the criterion by which to distinguish between existing laws as «incorrect law» and laws that are, by their nature, non-legal and should be denied recognition as law. This criterion for a law is its «service» to justice, whose core is the equality of all people, thereby precluding racial, religious, and other forms of discrimination. The authors view Radbruch’s theses as an integral construct of the Radbruch Formula, as taking into account their essential connections, which refer to the concept and idea of law, provides a comprehensive understanding of the nature and purpose of legal certainty, the value of justice, the degree of permissible injustice, and the purpose and nature of law itself [ABSTRACT FROM AUTHOR]

The article explores the fundamental principles of law and the principle of social security for ensuring a decent standard of living for individuals, viewed through the lens of implementing foundational ideas that form the basis of the legal system. These ideas are reflected in the guiding requirements for shaping the foundations and legal values that ensure an individual's right to social security at a level that guarantees dignified living conditions. The emphasis is placed on the fact that everyone's right to social security, as a natural human right, is a category of subjective rights and, at the same time, aligns with the fundamental principles of law. The interconnection between the fundamental principles of law and the principle of social security ensuring a decent standard of living for individuals is reflected in a legal relationship, according to which: 1) the fundamental principles of law embody socially and genetically formed values, which, interacting with each other, form the basis for the general regulation of social relations, acquiring sectoral interpretation within social security legal relations; 2) the principle of social security ensuring a decent standard of living is a fundamental principle of the corresponding branch of law. It stems from the fundamental principles and serves as the foundation for the entire field of social security law, with its social-value orientations regarding the value of human dignity and its materialized standards for meeting social needs and achieving social well-being for indivi duals. The interaction between the principle of social security ensuring decent living conditions and the fundamental principles of law is reflected in the following: 1) the principle of humanism is based on the recognition of human dignity as an inherent natural and social value, emphasizing the fundamental nature of the right to social protection as an objectively social right; 2) the principle of the rule of law is characterized by the recognition that the right to social security is a defining factor and criterion for the state's activities aimed at guaranteeing and protecting human rights and freedoms. The realization of this right should take into account a reasonable balance between the interests of the individual and the state as guarantor; 3) the principle of freedom envisions the social self-realization of individuals, including the fulfilment of obligations in the field of social security, ensuring inclusivity and barrierfree access to the right to shape one's own social well-being; 4) the principle of equality prohibits any discriminatory restrictions that may affect the content and scope of an individual's right to social security; 5) the principle of justice/social justice is oriented towards the solidarity-based distribution of public funds allocated for social purposes, with the exclusive application of objective criteria. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the issue of the constitutional and legal foundations of the development of the institutional capacity of the National Bank of Ukraine. The Constitution of Ukraine, the Law of Ukraine «On the National Bank of Ukraine», the Regulations «On the Audit Committee of the Council of the National Bank of Ukraine» and other legal acts in the context of strengthening the institutional independence of the NBU, as well as draft laws, were analyzed. Attention is focused on the evolution of the development of the institutional capacity of the National Bank of Ukraine. Attention is drawn to the Board of the National Bank of Ukraine, the Audit Committee of the NBU and their role in the institutional independence of the National Bank of Ukraine. Their powers and formation procedure are described. It is emphasized that the advisory working body of the Council of the National Bank of Ukraine - the Audit Committee of the NBU was created in accordance with the legislation and the principles of collegiality in making management decisions in the central bank. He started his work in November 2016. The shortcomings of the Law of Ukraine «On the National Bank of Ukraine» regarding the development of the institutional independence of the National Bank of Ukraine have been identified, and proposals have been developed regarding directions for its improvement with the aim of bringing it into line with the Constitution of Ukraine, as well as strengthening the functional independence of the National Bank of Ukraine: set out Art. 74 of the Law of Ukraine «On the National Bank of Ukraine» in the new version, which would provide that the claim is secured by stopping the decisions and acts of the National Bank of Ukraine, and also contained provisions regarding the establishment by the court of a ban or obligation to perform certain actions for the National Bank of Ukraine; to be fixed in Part 1 of Art. 9 of the Law of Ukraine «On the National Bank of Ukraine» list of «other working bodies»; exclude from the Law of Ukraine «On the National Bank of Ukraine» restrictions on the audit examination of the financial activities of the National Bank of Ukraine by independent auditors; to enshrine in the text of the Law of Ukraine «On the National Bank of Ukraine» the powers of the Audit Committee, the procedure for their implementation; exclude in the Law of Ukraine «On the National Bank of Ukraine» the duplication of its norms with the provisions of Part 2 of Art. 78 and Article 120 of the Constitution of Ukraine regarding the restriction, according to which a person cannot be a member of the Council of the National Bank, if he has a representative mandate or is a member of the Cabinet of Ministers of Ukraine, or holds or has held the position of head of a state authority (deputy head) and other state body (if one year has not passed since the date of her dismissal from such a position), or is a person authorized to perform the functions of the state or local self-government; clarification of duties of members of the Council of the National Bank of Ukraine. [ABSTRACT FROM AUTHOR]

While the positive aspects, but also pathologies, of performance measurement and management are today well known, we know less about the impact of NPM reform on governance. Using Bertelsmann SGI data (2009 and 2022) from 30 advanced democracies and a unique dataset measuring NPM reform in 14 countries, we study how core aspects of governing capacity have been impacted by, or triggered as responses to, public management reform. While the executive capacity of government has increased, NPM has not increased the accountability of executive government. Corruption prevention has increased between 2009 and 2022, while legal certainty has improved only marginally. [ABSTRACT FROM AUTHOR]

The diverse society of Indonesia permits interfaith marriage but the challenge lies in the legal recognition under Islamic law. The primary issue pertains to the legal aspects and the jurisprudence from the perspective of Maqāṣid Sharīa. Therefore, this research aimed to analyze the legal objectives of interfaith marriage as well as the execution and status of the concept from the perspective of Maqāṣid Sharīa. A thorough examination of literature from primary, secondary, and tertiary sources is carried out, including legislation, court judgments, books, journals, and other relevant materials. Meanwhile, the analysis is performed using a juridical, syar'i, and philosophical perspective. The results show that the judge approved the application for the legality of interfaith marriage, citing Law Number 1 of 1974 on Marriage, Human Rights, and Law Number 23 of 2006 on Population Administration. Similarly, when considering Maqāṣid Sharīa, marriage between individuals of different religions is not allowed, particularly in matters of Aqidah and Iman. This prohibition upholds the objectives of Islamic marriage law since the values obtained from the religion are not easily reconciled in the unions. According to the principles of Maqāṣid Sharīa, interfaith marriage should be avoided due to potential harm.

Piero Calamandrei has been one of the most prominent figures of the 19th century in the study and in the practice of law. His legal thought can be fully appreciated only keeping into consideration the two fundamental aspects of his career: the academic investigation and his activity as a lawyer, the theoretical speculation on the legal doctrine and his legal practice meant in its most noble intent of search for justice. Since his earliest university works, it emerges Calamandrei’s constant desire to go beyond the formalism of the legal process, the inclination to see in the rules of the trial not only the technicalities necessary to the correct development of the procedure but a way through which respect for legality and legal certainty are granted. Lastly, with the end of World War II and of the Fascist dictatorship, Piero Calamandrei will recognize in the trial the most appropriate instrument to realize a new legality in substantive terms which is necessary to grant the effective implementation of the Constitutional rights and freedoms

The purpose of this study is to analyse the constitutionality of Law 19/2022, based on the theory of the rights of nature, specifically its compatibility with the constitutional framework used by the Spanish State (Art. 149.1.23 of the Spanish Constitution) as a regulatory basis in the new field of the rights of nature and its impact on the regulatory possibilities of the autonomous communities. This article also studies the Law from the perspective of legal certainty (Art. 9.3 of the Spanish Constitution). [ABSTRACT FROM AUTHOR]

This article focuses on current developments in canon law. Because it concerns many aspects of ecclesial experience and impacts the Codex Iuris Canonici, the frenetic rate of legislative production not infrequently leads to problems of coordination and systematic rationalization, prompting in turn various recent issues that may have significant consequences for legal certainty in the Church. In light of this complex situation, we retrace some considerations by authoritative scholars from two decades before the Second World War, who compared legal certainty in the secular legal systems of their time with the absolutely specific - and irreducible to the latter - legal certainty proper to the ecclesial legal system. The purpose is to ask whether such reflections, though strictly linked to the historical context in which they were formulated, may also serve as a source of inspiration in relation to the impasse in which canon law currently finds itself. [ABSTRACT FROM AUTHOR]

Copyright of Notaire is the property of Universitas Airlangga and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Bogor City Regional Government intends to provide legal certainty in the relationship between the community and organizers of public services through Bogor City Regulation No. 78 of 2012 concerning the Implementation of Public Services within the Bogor City Government. The methods used in this study are a normative juridical approach that emphasizes literature research, namely examining legal materials obtained from literature research only, and do not require the preparation or formulation of hypotheses. Results Optimal public services can be created if the implementing apparatus receives sufficient competency development as mandated by Article 203 Paragraphs (3) and (4) Government Regulation No. 17 of 2020 concerning Amendments to Government Regulation No. 11 of 2017 concerning Management of Civil Servants. Based on the rights of civil servants as explained above and the results of previous research, there are contradictions in the implementation of civil servant competency development which make it not optimal, which should be suspected. Conclusion of human resource development that pays attention to the competency aspect produces elements of a quality, consistent, effective working relationship, the achievement of organizational goals, and the organization continues to exist in a competitive business environment and is also associated with the theory of public service which is a series of activities in order to meet service needs by laws and regulations for every citizen and resident of goods, services, and/or administrative services provided by public service providers. [ABSTRACT FROM AUTHOR]

In principle, the legal system regulates the life of a community so that conflicts do not occur, although often these conflicts cannot be avoided, a principle of legal certainty is needed in resolving disputes through arbitration and how the execution of an arbitral award in Indonesia can be applied or implemented. The legal system has an important role to play in resolving these conflicts. The legal system in the judicial world has a major influence in the application of law, especially for judges in examining and deciding a case. Judges in deciding a case will definitely pay great attention to the legal system in their jurisdiction. In addition, the Panel of Judges uses the decisions of other judges who decide cases whose substance in principle has similarities to be used as a reference and consideration in deciding a case. [ABSTRACT FROM AUTHOR]

Technology's exponential growth often outpaces that of the law. The persistence of outdated legal concepts that were not drafted with new technology in mind leads to legal uncertainty. This article focuses on one example of such a friction between old law and new technology, namely the eligibility of blockchain as a'database' for protection under the EU Database Directive, as implemented into UK copyright law. The most problematic requirement for blockchain as a candidate is that the material inside the database be 'independent'. This can pose a significant hurdle for blockchain to succeed as the immutability of blockchain is ensured by the 'linked-list' structure in between the blocks and the combinational hashing of data within the individual block. This article examines this issue and proposes a solution to this quandary: to divide the data recorded on a blockchain into 'content' and 'structure', and confine the criterion of 'independence' to the former. In reaching this solution, the author examines previous literature on the different types of data that can be found in databases, as well as how the concept of 'independence' is understood by judges and academics. This article will be of practical significance for developers of non-open source blockchain applications who wish to protect their products as a database. [ABSTRACT FROM AUTHOR]

The purpose of the present article is to identify certain important issues in relation to which there have been divergences in the recent case-law of the General Court of the EU in the field of IP law and to examine the way the EU judicature has dealt with them. It is structured as follows. Its introductory part presents succinctly the main reasons for inconsistencies in the case-law of the General Court in the field of IP law and the existing mechanisms aimed at preventing, eliminating or minimizing them. Its main part examines the following four questions of EU IP procedural and substantive law, reflecting diverging opinions of the General Court: (i) admissibility of an intervention before the General Court submitted by the other party to the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO); (ii) admissibility of evidence presented for the first time before the General Court in proceedings concerning EU trade marks; (iii) effect of the termination of protection of earlier rights while proceedings are pending before EUIPO; and (iv) likelihood of confusion in the context of the comparison of goods in cases involving alcoholic and non-alcoholic beverages. The article concludes by stressing that, while the occurrence of divergences in the case-law of the General Court may be unavoidable, swift detection of the existence and the exact content of such issues is an important step towards resolving them effectively, in the interest of legal certainty and equality in the application of law. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Enhancing legal certainty is one of the main values that are sought in the investor–state dispute settlement system. The importance of legal certainty is strengthened in the case of renewable energy investments, which are in the global public interest, long-term and capital-intensive up-front. The first part of the paper presents the importance of legal certainty in investment arbitration in general, its limits and its importance in the context of the green energy transition. In addition, it addresses the special features of renewable energy investments. The second part of the paper analyses from the perspective of legal certainty the Spanish renewable energy cases initiated under the Energy Charter Treaty (ECT), which deal with similar factual and legal issues. In this respect, the paper presents the varying weight tribunals gave to the important facts that led them further to conclude whether Spain breached the fair and equitable treatment standard, and if so, whether the investor was entitled to full compensation or a reasonable rate of return. In addition, it presents different approaches to perceiving the stability provision of Article 10 (1) of the ECT. The paper concludes that it remains uncertain to what extent RE investors will be protected under the ECT's stability condition in the case of fundamental or small-scale changes. Although one group of arbitrators may argue that the fundamental change triggers per se a breach of a stability condition, others may argue that for the breach to be established, the host state's measures must be arbitrary, unreasonable or discriminatory. Moreover, the threat to legal certainty might not only be the vague provisions of the ECT but also the significant discretion tribunals have towards the interpretation of facts, leading to different outcomes. Indeed, it is at the discretion of arbitrators to consider whether the timing of investment, presence of evidence indicating possible regulatory changes, and the reasonable rate of return prescribed in Spain's domestic law will be relevant or irrelevant. [ABSTRACT FROM AUTHOR]

The idea of launching electronic land certificates aims to increase efficiency in land registration, support the Ease of Doing Business (EoDB), reduce the number of land cases, and provide better legal certainty. Electronic land certificates, like conventional certificates, serve as proof of land ownership rights. However, the application of electronic certificates is still faced with public concerns regarding the security of digital data, although there are also those who consider it safer because it is free from the risk of damage or loss. Article 2 paragraph (1) states that the land registration process can be done digitally. This research uses a normative legal method with a conceptual approach, starting from an analysis of the vagueness of norms which is then discussed regarding legal certainty in land ownership with electronic certificates, which is supported by Law Number 6 of 2023 concerning Job Creation, Article 147. The determination of electronic certificates as valid evidence is also contained in Law Number 1 of 2024 concerning the second amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE), Article 5, which recognizes electronic information, electronic documents, and their printouts as valid legal evidence in accordance with applicable procedural law in Indonesia. [ABSTRACT FROM AUTHOR]

Legal certainty is one of the objectives of law according to Gustav Radburch, with the development of the times, and the rise of digitalization, it is necessary to have a legal umbrella as a form of preventive effort so that there are no legal problems such as misuse of personal data in the labor scope. This legal research method uses normative juridical legal methods using qualitative data based on consideration of the purpose of this research itself to determine the importance of legal certainty and protection of personal data in the context of labor in the era of technology, and information that has developed rapidly. The clarity of legal norms guides community behavior, including the protection of personal data. The impact of technological advances is especially evident in changes in community behavior and information seeking through the internet. This change creates new challenges, especially related to the misuse of personal data in the world of work. Legal protection for personal data in the world of work in the era of digitalization of technology and information is very important. It has positive implications for companies, employees, and society as a whole. By implementing good personal data protection, all parties can benefit from the opportunities offered by digital technology while maintaining the privacy and security of personal data. [ABSTRACT FROM AUTHOR]

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained. [ABSTRACT FROM AUTHOR]

The Basic Land Policy that stipulates land as a Gift of God Almighty regulated in the Basic Agrarian Law is about earth, water and space in the territory of the Republic of Indonesia must always be based on the unity of the nation for the greatest prosperity of the people, In this study, the author uses the type of Normative Juridical legal research, which is a type of legal research by describing a legal problem by analyzing a law and through laws and regulations, literature that can be obtained through literature studies. Implementation of the synchronization stages of the Determination of Protected Rice Field Maps (LSD) with District/City Regional Spatial Plans (RTRW), The frequent conversion of paddy fields in Indonesia encourages the government to make efforts to protect the existence of paddy fields to ensure the availability of paddy fields as a form of control rights from the state. Therefore, through Presidential Regulation Number 59 of 2019, the government mandates to accelerate the determination of protected rice field maps as a form of protection for the existence of rice fields. In practice, there is a discrepancy between the map of protected paddy fields and the spatial plan of an area, the determination of the map of protected rice fields through three stages, namely verification of rice fields, synchronization of rice field verification results, and implementation of the determination of protected rice field maps, second, synchronization of protected rice field maps with regional spatial plans can be done through requests for the release of land from the map of rice fields protected as long as it meets the criteria in the Technical Guidelines of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Number 5/Juknis-HK.02/VI/2022 and further changes to the map of rice fields protected by regional officials, the head of the implementation team, and the integrated team are carried out to realize synchronization between regulations. [ABSTRACT FROM AUTHOR]

The article contains the main definitions of constitutional control proposed by national researchers of constitutional law. Attention is drawn to the importance of constitutional control for law in general and for criminal proceedings in particular. In particular, the author points out that due to the gradual introduction of legal opinions and legal positions of the Supreme Court (hereinafter - SC) in criminal proceedings as binding prescriptions both during pre-trial investigation and court consideration of criminal proceedings, there is a need to study and introduce special mechanisms for checking their compliance with the Constitution of Ukraine and the Law of Ukraine. With the aim of studying constitutional control over decisions of cassation courts of general jurisdiction as one of the options for supreme courts to comply with the rule of law, ensure the right to a fair trial and achieve legal certainty in criminal proceedings, the author made an analytical and comparative study of the legislation of such countries as Ukraine, Azerbaijan, Great Britain, Germany, Poland and the USA. Based on the analysis, the countries were divided into several groups depending on those where constitutional courts have been established and those where they are absent but constitutional jurisdiction exists, and within these groups the main models of constitutional control were identified: 1) constitutional control over decisions of supreme courts is not provided for by law, 2) constitutional control over final court decisions is directly defined by the country's fundamental law, 3) the cassation court checks the constitutionality of judicial precedent, both established by lower courts and by itself. The author analyses each model of constitutional control in terms of its strengths and weaknesses. The author concludes that each model has both its advantages and disadvantages. The ideal constitutional control of the judicial law, which would ensure that the supreme courts make balanced, objective and reasoned decisions aimed at achieving the unity of judicial practice and the rule of law, can be determined only if it is based on such criteria as functionality and efficiency. [ABSTRACT FROM AUTHOR]

The current comprehensive model of the institution of constitutional complaint in Ukraine does not correspond to scientific doctrines regarding the essence and nature of such an institution and requires reform. The article proposes ensuring a balance between the public and individual nature of decisions of the Constitutional Court of Ukraine. Recognizing the authority of the judiciary and the positions of the Supreme Court, the author proposes formulating and legislatively determining compromise filters for reviewing court decisions under exceptional circumstances. Specifically, it should be determined that court decisions can be reviewed in cases where a constitutional complaint has been filed after a final court decision, subject to review under exceptional circumstances, and the decision of the Constitutional Court of Ukraine following the consideration of such a complaint should have an individual character, establishing violations of the rights and interests of the specific applicant. However, the proposed approach described by the author does not negate the fact that the exceptional and unique nature of the decisions of the Constitutional Court of Ukraine requires from national courts of common jurisdiction to take a more individualized approach to studying each decision of the Constitutional Court of Ukraine in each case and to provide more detailed justification for refusing to review court decisions under exceptional circumstances. Accordingly, the author considers it unacceptable to apply previously formed positions of the Supreme Court in previous cases to new requests for reviewing court decisions, considering the unique and specific conclusions of the Constitutional Court in each individual decision. In the article the author agrees with scientific positions that the exceptional character of decisions of the Constitutional Court of Ukraine prevails over the principle of legal certainty. A separate issue described in the article is the need to ensure a defined and clear procedure for reviewing court decisions under exceptional circumstances in cases involving the imposition of administrative responsibility on individuals for committing administrative offenses. In such cases the author proposes to introduce a review procedure similar to that provided for in the Criminal Procedural Code of Ukraine. Thus, to ensure legal certainty, such a procedure must be clearly established in the provisions of the Code of Ukraine on Administrative Offenses. [ABSTRACT FROM AUTHOR]

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UU PT states that a PT can be established by a minimum of two or more people but does not regulate the percentage of share ownership that must be owned by each shareholder. In this situation, there is a possibility of forming equal share ownership where each shareholder owns 50% of the shares. This balanced share ownership is an application of the principle of balance which reflects positive values but can also experience deadlock if there is disharmony between balanced shareholders. Therefore, a legal solution is needed as an effort to resolve this problem. This research aims to understand the impact of disputes between unequal shareholders and analyze legal options to resolve the deadlock situation. This research uses a normative legal research method approach. The information used is secondary information which is divided into two main sources, namely primary legal sources, and secondary legal sources. Based on the research results, it can be concluded that the deadlock caused by share ownership means that a balanced GMS cannot be held. If this deadlock continues until the end of the terms of office of the directors and commissioners, there will be a vacancy in their positions which will result in the PT being unable to carry out its rights and obligations. Second, the PT Law provides a solution to this problem, namely by giving authority to the district court to determine the number of participants in the forum required to decide on a particular action, as well as to dissolve it. company if there is a clear reason that the company cannot continue its activities. [ABSTRACT FROM AUTHOR]

The digital revolution has changed various aspects of life, including the trade sector. The development of information & communication technology (ICT) gave birth to renewable business models, such as e-transactions in buying and selling. However, online transaction activities in purchasing and vending also present various challenges, one of which is related to legal certainty for MSME business actors. This research aims to identify legal certainty problems MSME business actors face in online purchasing and vending. The method used in the study is a normative juridical approach that examines legislation. Data was collected through literature studies related to regulations when carrying out online buying and selling transactions, the rights of MSME business actors, and dispute resolution mechanisms. The data analysis method employed in this study is a qualitative analysis using deductive approaches. The research results show that legal clarity for MSME business actors involved in the online buying and selling process in the digitalization era is important in ensuring that trade transactions carried out via digital platforms occur with transparency, security, and by applicable legal Wprovisions. The law governing online purchasing and vending is based on principles stipulated in Article 34(1) of the 1945 Constitution. It is embodied in Legislation No. 20 of 2008 regarding Micro, Small, and Medium Enterprises (MSMEs). This regulation is the basis for all legal regulations governing MSMEs to provide adequate protection for MSME actors. [ABSTRACT FROM AUTHOR]

In the interpretation of EU law as well as international law, the autonomous interpretation is well established. It is, however, still necessary to reflect the specific nature of EU law and of international law and the resulting interaction between these two groups of sources of law. For international treaties in particular, the question arises of how the treaties affect autonomous interpretation. This article thus aims to provide a comprehensive analysis of the possible influence of international law, in particular international treaties, on the interpretation of EU law. [ABSTRACT FROM AUTHOR]

The article focuses on proposing the Data Protection Preventive Assessment (DP-PA) as a new tool for managing unanticipated personal data processing in scientific research. Topics include the challenges of complying with data protection laws when data processing is unpredictable, the six-step process of the DP-PA for ensuring compliance, and the potential formal exemptions and consequences of non-compliance..

Restorative justice holds promise as an alternative to punitive approaches in the juvenile justice system, offering effective means of addressing criminal actions while promoting accountability and reconciliation. This paper explores the implementation of restorative justice in Indonesia’s legal landscape, examining its potential benefits, challenges, and regulatory frameworks. Through a normative juridical approach and qualitative analysis of legal documents and literature, the study underscores the importance of enhancing understanding and skills among law enforcement agencies, particularly the Attorney General's Office, in effectively applying restorative justice principles. By upholding values of justice, decency, and morality, the Attorney General's Office can play a pivotal role in fostering a more humane and efficient criminal justice system that serves the interests of society as a whole. [ABSTRACT FROM AUTHOR]

This research discusses the authority to adjudicate fisheries criminal cases in the Republic of Indonesia State Fisheries Management area (WPPNRI) and the regulatory concept based on the principle of legal certainty. This research aims to analyze and discover the nature of the authority and regulatory concept for adjudicating fisheries criminal cases in Indonesia based on the principle of legal certainty. The method used in this research is a normative legal method using data collection techniques through literature study which are then analyzed through step-by-step descriptions of legal interpretation, systematization, evaluation, and legal argumentation. The research results show that the authority to adjudicate fisheries criminal cases at WPPNRI is absolute (absolute competence or attribution) to accept and decide fisheries disputes, and has relative authority (distribution or relative) based on the general court area. This regulatory concept is proposed by reconstructing Article 106 of the Fisheries Law so that the fisheries court becomes the only institution adjudicating fisheries cases. Establishing a fisheries court in each province is expected to end the dualism of authority and create legal certainty. Therefore, it's necessary to reconstruct Article 106 of the Fisheries Law by increasing the number of special fisheries courts, practitioners, and law enforcers to increase synergy between investigators and fisheries supervisors to protect fish resources and ensure their benefits for the welfare of the Indonesian people.