scholarly journals A informação como bem ambiental e sua tutela jurídica no direito brasileiro / The information as environmental good and its legal protection in brazilian law

2018 ◽  
Vol 13 (3) ◽  
pp. 625
Author(s):  
Celso Antonio Pacheco Fiorillo ◽  
Renata Marques Ferreira
Keyword(s):  
Social Communication ◽  
Constitutional Law ◽  
Environmental Law ◽  
Economic Value ◽  
Human Person ◽  
Legal Protection ◽  
Environmental Goods ◽  
Legal Relationship ◽  
Legal Nature ◽  
Environmental Good

ResumoEntendida como um bem material ou imaterial que tem valor econômico e servindo de objeto a uma relação jurídica, a informação, como direito constitucional individual e coletivo, ao se encontrar claramente associada às formas de expressão bem como modos de criar, fazer e viver da pessoa humana é balizada no plano constitucional como bem cultural associado à comunicação social e ao meio ambiente cultural tendo, portanto natureza jurídica de bem ambiental.Palavras-ChaveInformação. Bens ambientais. Ordem econômica. Direito Ambiental Constitucional. Pessoa Humana.AbstractUnderstood as a material or immaterial good that has economic value and serves as an object to a legal relationship, information, as individual and collective constitutional law, being clearly associated with the forms of expression as well as ways of creating, doing and living the person Human being is defined in the constitutional plan as a cultural asset associated with social communication and the cultural environment, having therefore a legal nature of environmental good.KeywordsInformation. Environmental goods. Economical order. Constitutional Environmental Law. Human Person.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

scholarly journals DAMPAK NIKAH SIRI TERHADAP ISTERI DAN ANAK

2009 ◽  
pp. 156
Author(s):  
Farida Prihatini
Keyword(s):  
Legal Protection ◽  
Employment Contracts ◽  
Legal Relationship ◽  
The Impact ◽  
Legal Force

AbstrakThis article gives enlightenment conecerning nikah siri (unregisteredmarriage), in Indonesia. The purpose of this nikah siri is a marriageconducted in accordance with the provisions of religious harmony and fulfillthe requirements of marriage as prospective bridegroom and women,guardians, consent granted, witnesses and consent of both prospective brideand the dowry, but not executed before the Marriage registration office. Sirimarriage is usually performed before the local (moslem) clergy. Nikah sirireasons this done many things, among others, to avoid fornication, stillbound by employment contracts that prohibit she was married to a specifiedperiod or to be polygamous because they do not obtain consent from his wifeor his wives, and can also be due to lack offees to pay marriage registrationfees. This siri marriage because marriage is not done then the recording hasno legal force, because no country legally valid marriage even be consideredthis never happened. The impact of this siri marriage are felt on the wife andchildren. Both the wife and children have no legal relationship with herhusband/father. So the wife does not have rights that should be owned by thewife of a valid marriage. So also with the child, the child status is not lawfulbecause the child is born not from a legitimate marriage, and children havehad only a civil relationship with his mother, as a result he/she can notobtain the rights that they should get if he/she was born of a valid marriageaccording to both valid under islamic and country law. Based on thosereasons the author conclude that siri marriage is very harmful and does notprovide legal protection to the wife and children.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals KEPASTIAN HUKUM DALAM KEPEMILIKAN SATUAN RUMAH SUSUN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 58-67
Author(s):  
Hestining Cholifah
Keyword(s):  
Legal Protection ◽  
Housing Unit ◽  
Legal Relationship ◽  
The Cost ◽  
Relationship Of

This study aimed to determine the legal relationship of the parties in the Agreement on Sale and Purchase (PPJB) Flats and legal protection for buyers of Flat Housing Unit if the seller / developer defaults. This research is a normative juridical research, namely research on laws that are in the legislation in force in Indonesia. This research focused on document research or literature which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study indicated that the legal relationship between the parties in the PPJB starts from the signing of the PPJB, so that a legal relationship is established which creates the rights and obligations of each party. Legal protection for buyers of Flat Units if the seller / developer defaults is through arbitration at the cost of joint responsibility by the parties. It meant that if there is a dispute between the parties regarding the sale and purchase agreement unit apartment, the settlement is not through public court or litigation, but the solution is taken through arbitration (non litigation)

scholarly journals O Direito à Água e sua Proteção Jurídica: Desafios do Direito Ambiental na Contemporaneidade / The Right to Water and its Legal Protection: Environmental Law Challenges in Contemporary

2021 ◽  
Vol 15 (55) ◽  
pp. 641-658
Author(s):  
Marilia Lima Moreira ◽  
Joelson Rodrigues Miguel ◽  
Raimundo Giovanni França Matos
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
The Right

Resumo:  literatura tem apresentado diversos modelos de gestão dos recursos hídricos, diferenciando-os em função das características políticas, econômicas, sociais, econômicas e culturais da região considerada para sua aplicação. Porém, existe a necessidade de entender que devemos considerar independente de que características e peculiaridades existam nas diferentes regiões do planeta, premissas consensuais em qualquer modelo que adote, pois passa a reconhecer a natureza sistêmica do ciclo hidrológico e a necessidade de incorporar uma abordagem sustentável dos recursos hídricos e meio ambiente. Este artigo desenvolverá uma abordagem de gestão que considera estes pressupostos como fundamentais na consecução de um modelo de gestão para os recursos hídricos tomando a si a experiência brasileira, para embasar o desenvolvimento de políticas públicas para gestão e possível racionamento de água, sem prejudicar a população, enfatizando seus direitos civis e constitucionais. Como também conscientizar a população que a água é um bem finito que deve ser preservado não só pelo Poder Público como por cada um de nós para que assim possamos ter esse bem por muito mais tempo e até mesmo pensando nas gerações futuras que também precisaram desse bem para sobreviver. 

scholarly journals Judicial procedural issues of choosing an effective method of legal protection in civil cases

2021 ◽  
pp. 67-75
Author(s):  
Andrii Shabalin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Specific Method ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
European Court ◽  
Legal Nature ◽  
Procedural Code ◽  
Protection Of Human Rights ◽  
Civil Cases

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.

scholarly journals VALOR ECONÔMICO E RECONHECIMENTO SOCIAL DO VALOR: UM ENSAIO EM FILOSOFIA DA ECONOMIA

2019 ◽  
Vol 11 (15) ◽  
pp. 01-20
Author(s):  
Alfredo Pereira Jr. ◽  
Francisco Sousa
Keyword(s):  
Economic Policy ◽  
Human Development ◽  
Economic Value ◽  
Social Value ◽  
Capitalist Society ◽  
Practical Approach ◽  
Environmental Goods ◽  
Public Economic ◽  
Theory To Practice ◽  
Economic Exchanges

We conducted a philosophical analysis of economic concepts and presented a proposal for a practical approach to the issues. Economic Value is defined in relation to potential or actual economic exchanges, while Social Value is defined in relation to actions to promote people, that is, human development. In the capitalist society, there is a dissociation between the two, since Social Value is only remunerated when it has Economic Value, which leads to two types of problem: the increase in economic inequality, disfavoring the sectors of society that generate Social, without Economic, Value, and the degradation of the environment, which occurs when environmental goods are used in the exclusive prism of Economic Value. In this essay, we seek to investigate these concepts, relating them to the concept of Consciousness, which would operate historically not only in the generation of Economic Value, but also in the process of recognition and remuneration of Social Value. In the transition from theory to practice, we also make suggestions on how to solve the problem within the framework of public economic policy.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PERJANJIAN JUAL BELI TANAH LETTER C DI BAWAH TANGAN

2020 ◽  
Vol 8 (1) ◽  
pp. 144
Author(s):  
Socha Tcefortin Indera Sakti ◽  
Ambar Budhisulistyawati
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Rights ◽  
Legal Certainty ◽  
Legal Relationship ◽  
Legal Consequences ◽  
Made In ◽  
Laws And Regulations

<p>Abstract <br />This article aims to analyze and to understand the legal protection provided to the parties involved in under-hand agreement of the sale of Letter C land. The legal protection or all of the parties involved is contained in the agreement if the agreement specifically stated it in its clauses. The kegal protection outside of the agreement is contained in the laws and regulations in force which is Civil Code and Statute. The legal protection is an important aspect to ensure the fulfillment of a person’s legal rights. Furthermore, it also has other objective, which is to realize legal certainty, legal benefits, and justice for the parties. Legal protection can be preventive or repressive. The agreements made in the underhand sale of Letter C land forms a legal relationship between the two parties. The legal relations are relationships that result in legal consequences guaranteed by the laws and regulations. Every legal act that causes legal consequences must have legal protection, especially when there is a dispute between the parties. Dispute can occur after the under-hand agreement of the sale of Letter C Land was agreed, therefore legal protection is needed to provide solutions, certainty and clarity towards the resolution of the existing as well as the potential post-agreement disputes.<br />Keywords: Legal Protection; Under-hand Agreement; the sale of Land.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian dibawah tangan jual beli tanah Letter C. Perlindungan hukum yang diberikan bagi para pihak dalam perjanjian dibawah tangan terdapat di dalam perjanjian apabila dalam perjanjian disebutkan secara khusus dalam klausula-klausula yang telah disepakati dalam perjanjian. Perlindungan hukum yang terdapat diluar perjanjian yaitu dalam ketentuan peraturan perundang-undangan yang berlaku, yaitu KUHPerdata dan undang-undang. Perlindungan hukum merupakan suatu hal yang penting dalam menjamin terpenuhinya hak-hak hukum seseorang. Selain itu, perlindungan hukum yang diberikan memiliki tujuan lain yaitu guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) maupun represif (memperbaiki). Perjanjian yang disepakati dalam perjanjian jual beli tanah Letter C dibawah tangan menimbulkan suatu hubungan hukum antara dua pihak yang membuatnya. Hubungan hukum sendiri merupakan hubungan yang menimbulkan akibat hukum yang dijamin oleh hukum atau undang-undang. Setiap perbuatan hukum yang menimbulkan akibat hukum harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa diantara para pihaknya. Sengketa pertanahan dapat timbul setelah disepakatinya perjanjian jual beli tanah Letter C, maka dari itu diperlukan perlindungan hokum untuk memberi solusi dan kepastian serta kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati.<br />Kata Kunci: Perlindungan Hukum; Perjanjian di bawah tangan; Jual Beli Tanah.</p>

Sign in / Sign up

Export Citation Format

Share Document