legal construction
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2021 ◽  
Vol 19 (2) ◽  
pp. 242
Author(s):  
Muhammad Yusuf ◽  
Ismail Suardi Wekke ◽  
Afandi Salleh ◽  
Rosdalina Bukido

This article investigates the relevance of values of Bugis culture dan Muslim Scholars' views in Bugis Quranic exegesis by MUI of South Sulawesi. This research uses a content analysis approach to the Bugis Quranic exegesis. Bugis Muslims scholars' views about women's rights (opportunity) to be public leaders, iddah, and inheritance distribution are relevant to core values of Bugis culture and local wisdom of Bugis people. To be public leaders, women never mind as long as they fulfill qualitative and functional criteria. In household affairs, a married couple is a partnership where both have responded to do together. 'Iddah stress to religious principle and culture of siri' (self-respect), paccing (purity), asitinajang (fairness).  Inheritance distribution does relate to the right and responsibility to realize equality and justice. Muslim scholars' of Bugis have the expertise to deliver values of Bugis culture, and explanatory is not only explicitly, but also implicitly and inherently. The Quran and local wisdom are two values integrated into giving solutions to people. Therefore, the integration between local wisdom relevant to the teachings of Islam (the Koran) undertaken by the ulama will undoubtedly be more effective.


2021 ◽  
Vol 43 (3) ◽  
pp. 141-153
Author(s):  
Marta Woźniak

The main objective of this paper is to present the legal construction of the spatial planning in Poland between 1945 and 1989, as well as its evaluation from the perspective of the development of spatial planning and management legislation. The thesis put forward in the paper is that between 1945 and 1989, i.e. in the years when the principle of self-governance was not supported by state institutions, spatial planning was detached from the needs of local communities. Analyzing the legal construction of the spatial planning in Poland between 1945 and 1989 showed a certain regularity, namely that the spatial order construction was difficult at that time due to the then socio-economic conditions resulting in the centrally controlled spatial development and a hierarchy of spatial planning acts. The paper indicates that in those years, there was a connection between spatial planning and building law, but it was not as strong as in the interwar period. The connotations with the environmental law in turn manifested themselves in the downplaying of environmental issues in spatial planning. The article shows that in the years 1945–1989, there was little interest from the legislator in the category of public interest, which at the time became known as “social interest”.


2021 ◽  
Vol 2 (3) ◽  
pp. 567-572
Author(s):  
Bagus Andika Artha Surya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

In the competitive world of business, one effective way as a means of promotion is reviewing or reviewing products, which are activities carried out by consumers to give their impressions and views about a product so that it becomes a consideration for other consumers before buying the product, but there are negative impacts from this activity, namely if it is misused by irresponsible persons, what happens is that the person gives a bad image to business actors because of these activities and affects consumers who will buy the product. The purpose of this study is to analyze the sanctions that can be imposed from reviewing or reviewing a product that has copyright without permission from business actors. This study applies a normative method with a statutory approach. Data collection techniques were carried out by examining existing library materials. The sources of law used are divided into two, namely primary and secondary sources of law which are then analyzed by methods of legal interpretation, legal argumentation, and legal construction. The results of the study reveal that the activity of reviewing a product is also regulated through Article 27 paragraph (3) of Law 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions aimed at protecting brands from good name numbers.


2021 ◽  
Author(s):  
Federica Violi

This article explores the international law narratives ‘depicted’ in Italian colonial propaganda illustrations and cartoons. The aim is to identify (international) legal arguments crafted to ‘counter-resist’ objections against the Italian colonial enterprise. These arguments provided legitimacy and neutrality to the Italian colonial endeavour and normalized a certain understanding of the colonial space and its subjects. After setting out the historical background, the article engages in a brief methodological reflection on the analytical function of illustrations and cartoons. Thereafter, it applies the methodological framework to analyse ‘counter-resistance’ international law narratives in a selection of XIX and XX century images. The article concludes by reflecting on the performative role of law, its palatability to mass-consumption and the legacy of the legal construction of the colonial mission civilisatrice.


Author(s):  
Viktor Sergeevich Pletnikov

This article discusses the quality of constitutional-legal regulation and nature of the state of “developed socialism” based on comprehensive analysis of the text of the 1977 Constitution of the Soviet Union. The subject of this research is the target points enshrined in the Basic Law of the country and used for construction of the essential, institutional, functional-activity, normative-regulatory, and effective principles of the model of the state of "developed socialism". Such material allowed classifying the objectives specified in the 1977 Constitution of the Soviet Union, and determining the integrity of target-setting of the legislator in terms of state-building at the new stage of development of Soviet society. Using the model of the state as an instrument for cognizing state-legal life tailored to the needs of goal-setting of human activity, it is concluded that the 1977 Constitution of the Soviet Union is not qualitative instrument that ensures state-legal development of the country. A range of goals stated stipulated in the Basic Law of the country of 1977 duplicate similar provisions enshrined in the 1936 Constitution of the Soviet Union, and do not reflect the needs of the state of “developed socialism”. In view of the progressive goal reflected in the preamble of the 1977 Constitution, it has turned into the instrument of political-legal construction of reality.


Author(s):  
Constanta Obada ◽  

The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.


2021 ◽  
pp. 000842982110392
Author(s):  
Lauren Strumos

In January 2020, an employment tribunal in the United Kingdom decided that ethical veganism qualified for protection from discrimination as a philosophical belief under the UK’s Equality Act 2010. This article explores the reasoning behind this judgement, as presented in the preliminary hearing decision for Mr J Casamitjana Costa v The League Against Cruel Sports, to argue that ethical veganism in this context can be conceptualized as a form of nonreligion. This article uses a relational theory of nonreligion to demonstrate how ethical veganism in this case is constructed to be distinct from religious belief while also being conceptually entangled with religion. It contributes to emergent scholarship on nonreligion, and veganism and (non)religion, by demonstrating how a relational framework allows connections among these phenomena to be articulated and explored with greater depth. In addition, this article considers the diversity of ethical veganism as an identity and practice in relation to its legal construction as a philosophical belief. Attention is paid to the ways in which veganism as lived can intersect with religion, nonreligion and areligion.


2021 ◽  
Vol 6 ◽  
Author(s):  
Sarah Trotter

This article focuses on the concept of the support bubble. The concept was introduced in New Zealand in March 2020 in the context of the COVID-19 pandemic to denote a network of people with whom a person could have physical contact, and was later taken up in various forms elsewhere, particularly in the UK. The article focuses on the meaning that was attached to the concept and to the ways of being together that it encapsulated and stipulated. Where support bubbles were formalised as a matter of law, as in New Zealand and the UK, a particular form of relating was legally constructed and real relationships were affected through law. The article addresses the meaning and implications of the concept of the support bubble in this light. First, it considers the concept of the support bubble as a new legal form, which drew in, and built on, a range of relationships and then recast them in terms of a new legal form. Second, it analyses the central question posed by the concept as one of the meaning of being together in a support bubble, not only for those navigating and living with the concept in practice, but also as mediated in and through law. Third, it outlines how the concept of the support bubble represented a distinct legal development. It enabled those who were eligible to define for themselves, albeit within a specified framework, the meaning and nature of a relationship of support of this kind. It also supplied a space in which some kinds of relationships that had not necessarily attracted much previous legal attention—like friendships and dating relationships—came to find a degree of legal reflection and recognition.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 721
Author(s):  
Mia Banulita ◽  
Titik Utami

SLAPP does not only occur in the environmental sector but in any situation which act aims to stop or eliminate public participation in aggression against certain policies. In the environmental sector, it is referred to as Eco-SLAPP which aims to provide fear, silence, and intimidation toward people who commit aggression against environmental policies and/or certain interests through reporting/complaints or lawsuits to court. Therefore, the Anti-Eco-SLAPP concept in Law Number 32 of 2009 was raised to provide protection against the act of Eco-SLAPP since it harms people who fight for good and healthy environment. Unfortunately, weakness is found in Law Number 32 of 2009 regarding substance and process in fulfilling Anti Eco-SLAPP. In terms of substance, Article 2 letter a Law Number 32 of 2009 has not given the state responsibility to implement Anti Eco-SLAPP, Article 66 Law Number 32 of 2009 has not regulated good faith as the reason a person cannot be prosecuted criminally or sued civilly, protection from administrative action, and motion strike/dismissal process and SLAPP Back, to prevent early Eco-SLAPP actions. In addition, the implementation of Anti Eco-SLAPP is often misinterpreted since it is unable to distinguish pure criminal acts and actions to fight for the environment based on good faith. Based on this, it is necessary to construct an Anti Eco-SLAPP law based on the weaknesses of the existing Law Number 32 of 2009, so as to reinforce the implementation of Anti Eco-SLAPP in Indonesia.


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