This study aims to find out the dynamics of the legality principle in the renewal of criminal law laws in Indonesia. The type of research used is doctrinal research. All data obtained were analyzed ...qualitatively juridically. This study examines and examines secondary data about the dynamics of the legality principle in reforming criminal law laws in Indonesia. The principle of legality according to Paul Johan Anslem von Feuerbach is nulla poena sine lege; nulla poena sine crimine; nullum crimen sine poena legali. These three phrases then become the adage Nullum delictum, nulla poena sine praevia legi poenali, which means that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed. The results of this studystates that if an act does not meet the formulation of an offense in a written law, the judge can impose a sentence if the act is considered disgraceful, contrary to justice and other social norms in people's lives. So that implicitly the criminal law in Indonesia has recognized the teaching of material lawlessness in a positive function.
Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot ...replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.
Over recent years, importance has been attributed to the application of criminal sanctions in the fight against IUU fishing due to the seriousness of the threat it represents for the conservation of ...marine living resources. This trend towards the criminalisation of certain activities related with IUU fishing has given rise to the appearance of the notion of fisheries crime, which is increasingly employed in certain international forums. However, from a legal point of view, this term does not define a new type of crime applicable to fisheries activity. Rather, it seeks to demonstrate that certain fishing-related offences are criminal in nature. Thus, it is important to define the scope of this notion of fisheries crime in order to determine what criminal offences are included within this category. Depending on its degree of connection with fisheries activity, fisheries crime covers three separate categories of crimes: the crime of illegal fishing, illicit fisheries-related crimes and crimes committed in the context of the fisheries sector.
•Illegal fisheries activities have been criminalised in the legislation of some States.•Notion of fisheries crime is not a new crime applicable to the fisheries context.•Fisheries crime encompasses all crimes committed along the fisheries value chain.•The notion of fisheries crime is still unclear and require more accurate definition.•Although both notions are related, fishing crime cannot be equated to IUU fishing.
This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing ...perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law.
Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.
This paper aims to answer the following research problem: what are the models of reasonable (proper) implementation of public expenditure arising from specific constitutional rules, and what are the ...standards for such spending? The authors present a thesis that the constitutional principle of legality, as well as the principle of public finance as a good which is protected constitutionally, sets general models, which consequently determine the standards of reasonable (proper) spending of public funds in the broad sense, i.e. in the context of legality and economy (purpose, economy, effectiveness and efficiency). Notably, these models and standards meet the postulate of complete financial control, i.e. at every stage of the budget procedure (budget design, planning and execution). The article uses so-called non-reactive research methods, based on the analysis of the content and availability of source information, i.e. theoretical and legal publications as well as legal regulations (especially constitutional ones) crucial from the point of view of the selected subject.
Resumen La Corte Interamericana de Derechos Humanos dictó en 2020 sentencia, declarando internacionalmente responsable al Estado chileno por violar los derechos a la libertad de pensamiento, ...expresión, debido proceso, y principio de legalidad perjudicando al juez Daniel Urrutia. En consecuencia, la Corte Interamericana de Derechos Humanos concluyó que el Estado de Chile es responsable por violar los artículos 13, 8.1, 8.2, 8.2.b), 8.2.c), y 9 de la Convención Americana sobre Derechos Humanos relacionado con los artículos 1.1 y 2, en perjuicio de Daniel Urrutia. Este comentario analiza la responsabilidad internacional del Estado de Chile.