Minggu, 07 Juli 2013

International law

International Law
International Law
International law --- International law is part of the law that regulates the activity of international entities. At first, international law is only defined as behavior and relations between states, but in the development of the pattern of international relations increasingly complex then extends this sense that international law is also dealing with the structure and behavior of international organizations and to a certain extent, multinational corporations and individuals.
International law is the law of nations, international law or the law of interstate. The law of nations used to show the customs and rules of law applicable in the relations between the kings of ancient times. International law or legal interstate show on complex rules and principles that govern the relationship between members of the community of nations or states.

Differences and similarities of International Law


Public International Law in contrast to International Law. Private International Law is the overall rules and principles of law governing civil relationships that cross national borders or laws that govern the relationship between the civil law legal actors, each subject to civil law (national) different. While the overall rules of international law is the law and the principles governing the relationship or issues that cross national borders (international relations) that are not civil.

The equation is that both regulate relationships or issues that cross national borders (international). The difference is the nature of law or issue being regulated (object).

Form of international law
International law, there are several forms of embodiment or specific developmental patterns prevailing in a part of the world (region) specific:

International Law Regional
International law applicable / limited area enactment environment, such as the International Law America / Latin America, such as the concept of continental shelf (Continental Shelf) and the concept of protection of marine biodiversity (conservation of the living resources of the sea) that originally grew in the Americas so a general international law.

International Law Special
International law in the form of special rules apply to certain countries such as the European Convention on Human Rights as a reflection of the circumstances, needs, level of development and the level of integrity of different people from different parts. In contrast to regional growth through the common law process.

International law is the overall rules and principle that govern relationship or issues that cross national borders between:

  • State by state
  • Countries with other legal person not subject to the law of the state or country is not each other.

International Law and the World

International law is based on the mind of the international community which consists of a number of sovereign and independent state within the meaning of each stand-alone that one is not under the control of the other so it is a rule of law coordination among members of the international community of equals.
World Law stems on the basis of other thoughts. Influenced analogy with Constitutional Law (constitusional law), the legal world is a kind of state (federation) world covering all the countries in the world. Hierarchical world countries stand on national states. The world according to the concept of legal order is a legal order subordination.

Community and International Law

International societies existence as a sociological basis of international law.

The existence of an international community. Indicated the presence of the international community that there is a relationship between members of the international community, because of the requirement that was caused by the division of wealth and uneven industrial development in the world as well as commercial or relationship in the field of culture, science, religious, social and sporting resulted in the emergence of interests to maintain and manage relationships with a common interest. To regulate, manage and maintain international relations it is necessary laws guarantee world necessary element of certainty in any orderly relationship. International society is essentially the relationship between human life and life is a complex joint made up of diverse people who establish tightly.

The same legal principles as elements of the international legal community. A collection of the nation to be truly said of a public international law there must be a binding element that is the principle legal equality between the nations of the world. No matter how different his form of positive law in force in each country in the absence of a law society of nations is the law of nature (naturerech) which requires the nations of the world to live in peace can be restored in human reason (ratio) and the instinct to defend its kind .



Sabtu, 06 Juli 2013

Health Law destination

Health Law destination -- Purpose of the law on the point is to create an orderly society, create order and balance. With the achievement of order in society is expected to be fulfilled and human interests are protected (Mertokusumo, 1986). Thus it is clear that the purpose of health law will not deviate much from the general purpose of the law. It is seen from the health sector alone includes social and community aspect where many interests must be accommodated properly.

Back to the first purpose of the law is to create order or stipulation, the sector or the health sector has a sufficient legal basis to carry out the process of working in the health sector if all the laws and invite her properly implemented and establish mutual understanding among actors in every part of the profession support the implementation of health measures.
Legal sources have detailed that while the set of things what is the duty of every professional actors and what is their rights. Therefore biggest hope is to create order and balance the fulfillment of the rights and obligations of each profession.

There was some theory which can is used to see what is really is widely to be objective in the field of health law and whether this has been achieved or are very far away from the goal.

Ethical theory

Within this theory purely legal goal is to justice. Justice that includes two things: the essence of justice and fairness contents.

Essence of justice: Assessment of a treatment or action by studying it with a norm which the subjective point of view than other norms. There was are two parties involved here is which treat and the party that received the treatment.

For example: the doctor and patient or nurse and patient. In general, justice is seen only assessment of the party receiving the treatment course. Because those who receive treatment are always regarded as victims. It is certainly not satisfactory for either party because treatment sometimes given one party to the other party if it is assumed there is no drastic change in conditions, it is not uncommon to have a good purpose.

For example doctors in treating patients must inject drugs can literally be seen as a form of painful. But it must be done for the good of the patient's own, if the patient feels a victim of the treatment goals can not be achieved to the fullest.

Contents Justice: Aristotle distinguishes two kinds of justice, namely: Justicia Justicia Commutativa and distributiva.

Justicia Commutativa giving to every person the same lot. This applies in litigation, where there is the principle of Equality before the law or that everyone has an equal footing before the law. Similarly, when faced with the facilities and health services. Treatment and good service without discrimination on the patient is a must. However, certain similarities in terms of treatment can be dangerous for patients and others.

Example: For patients with severe disease and exposes vulnerable people with the disease, of course, had to get special treatment so as not to infect others. Although the impact of patients will feel isolated and not free. But for its own sake and everyone else, the same treatment can not be applied.
Justicia Distributiva that everyone gets what they are entitled. Ration is not the same from one person to another depending on the needs and interests. Proportional nature, meaning that to get the right everyone has to remember the rights and interests of others and services that have been provided as a counter performance.

Within these two kinds of justice which Aristotle offered not simply be applied, because the law itself is not always synonymous with justice. Eg trash bins should be in place, for those who are far away from the trash of course this was unfair. But for the common good, thus the law regulates.
So justice was too naive to be legal purposes only.

Selasa, 04 Juni 2013

Why Should Obtain Mesothelioma Legal Assistance ?

mesothelioma lawyers
mesothelioma lawyers
Precisely what is mesothelioma ? that question oncologists usually heard soon after giving the diagnosis of the disease. The short answer is, mesothelioma could be a cancer that's directly traceable to firmly repeated or long-term exposure to firmly asbestos. sometimes, though, an explanation is required.

The disease gets its name as a result of it's formed within the mesothelium cancerous tumor - layers - due to internal organs. Within the case of mesothelioma, the tumor formed within the lining as to the lungs, stomach lining, the lining as to the heart or lining the testis.

All four kinds of aggressive cancer. cancer cells sometimes spread quickly, and therefore the life expectancy of somebody along with the disease is between eight and 18 months. Through clinical trials and experimental therapies, specialists seek additional effective treatments to firmly extend life expectancy and, they actually hope, notice a'>to locate a cure.

The most reason the survival rate of all types as to the disease is thus low is that almost all diagnoses are made in stage iii or stage iv - a direct results of mesothelioma possesses a mild, usually undetected, symptoms within the early stages of development.

Who will suffer mesothelioma ? 

Individuals believed that ought to be within the high risk class for obtaining mesothelioma are those who inhale asbestos connected to regular basis ( six months or additional ) whereas by the job. Among the list of occupations closely linked to firmly mesothelioma and asbestos-related diseases alternative is :


  • Military veterans ( particularly the u. s. navy ) 
  • Construction workers 
  • Demolition or renovation crews 
  • Auto mechanics 
  • Insulator 
  • Shipyard workers 
  • Asbestos mine or factory workers 
  • Boiler workers 
  • Asbestos factory workers 


Those that remember handling asbestos or asbestos-like materials, or those who recall being exposed to firmly thick clouds of dust containing asbestos whereas by the job, are at high risk for developing mesothelioma. Recently, rescue workers and cleanup crews concerned within the removal of debris due to world trade center attacks of 9/11 in New York town have reported asbestos-related symptoms and lung complications.

Senin, 03 Juni 2013

TEXAS LAW FIRM mesothelioma Ready to Fight for Your Rights

Mesothelioma is a type of lung cancer that is incurable caused by harmful elements such as asbestos factory production. Therefore if you or a loved one has been diagnosed with cancer this danger, you have the right to fight for your rights and you need the assistance of an attorney to be on your side from day one, from Texas mesothelioma law firm who are highly qualified.

Quite a lot of reasons why you should hire a lawyer specifically this kind of mesothelioma law firm of highly qualified Texas. Aka tone many answers, but the most obvious of all the answers you require the services of someone who knows about all the lawyers Mesothelioma subject and understand how to fight for their desire that has this terrible disease.

Nothing can be done Mesothelioma disease that is fatal disease just like this big are compensated so that patients can still survive.

There should be the party responsible for the disease mesothelioma You Experience today. Means to fight for your rights in a serious way, there is one and only Texas mesothelioma lawyer can do for you exclusively. Here lawyers must not only experts in their field when it comes, but he also makes sure to never give up, especially since they met in charge of your illness and ask them responsible in any time against a disease that you do not expect because you work for them in some capacity .

When you have to contend with issues Mesothelioma lawyer experienced in your life like this is needed. A lawyer like this is not only a professionally qualified lawyer, but they also have experience and data as you alamai case.
Mesothelioma lawyer is much more than just an ordinary lawyer, and this is very true, because they have much closer to the clients that they have to fight against a corporation or other entity that is responsible for their client's illness.

Mesothelioma lawyer is also a detective, because they have to prove that their client is now exposed to hazardous substances that cause the condition experienced Mesothelioma. So, in addition to Mesothelioma lawyers have good data are also experts in gathering facts.
A good Mesothelioma attorney is also a great detective in many ways, because they have to collect evidence, and they have needed, to get all this done very effectively. This is the very thing that sets them as the perfect professional to help their clients who suffer from a disease that they did not ask to get or want.

A client know that they are in the hands of a very capable lawyer and good in handling asbestos, if the lawyer does not only have a track record for winning cases involving the disease directly, but also if that same lawyer stood up and fought for victims that until those responsible are held libel and not stepping up to the plate to compensate people who have suffered the Mesothelioma.

So, with that said, there is no more need be said on the subject. If you need a mesothelioma Texas law, we are the top lawyers in the field of Mesothelioma disease, and we will be happy to stand on your behalf and bring those responsible to justice so that they do what is right for you and your disease. No one does not want to develop mesothelioma, this is true, but there must be someone to stand up in court and have other party compensation for some pain and sufferings

We are a collection of lawyers, we would be very happy to assist you any time you need, because we put our clients' needs ahead of our own. Please check out our website to learn more about what we can do for you, and please take comfort in knowing you are not alone in your mesothelioma disease. We were there to care, and we care because caring is what makes us the most meaningful and at the end of the day. If you have any questions about our services feel free to comment below about mesothelioma Texas law thank you for reading and God bless!

Minggu, 02 Juni 2013

Criminal Law

Criminal law, as one of the independent part of public law is an instrument of the most pressing legal existence from time immemorial. this law is very important in assessing the existence of ensuring public safety from the threat of crime, maintaining the countrys stability and ( even ) a moral whose role is to rehabilitate the criminal offender. this law continues to evolve in accordance with the existing offenses in every age.

A. Understanding criminal law

Criminal law as the law governing the conduct proscribed by the act and result in the application of penalties for those who do it and meet the elements of the acts mentioned in the criminal code. such actions are prohibited in the book of the law of criminal law, corruption act, human rights act and so on. criminal law is the law that governs what actions are prohibited and providing penalties for those who break them. prohibited acts in criminal law is :

• murder
• theft
• fraud
• robbery
• persecution
• rape
• corruption

While dr mabruk abdullah an-najar in the book introduction to law explores the definition of the criminal code as a set of rules that define criminal law is prohibited by law, the punishment for those who do it, the procedures that must be passed by the defendant and the court, and the penalties imposed on the defendant.
criminal law is part of all law in force in a state, which entered the fundamentals and rules for :

• determine where the act that should not be done, which is prohibited, with the threat of criminal sanctions in the form of specific or for those who violate the ban.
• determine when and in what way to those who have violated prohibitions or restrictions that may be punished as he had threatened.
• determine how the sentencing may be implemented if a person suspected of violating the ban.
according sudarto, criminal understand the suffering itself is given by the state to a person who violates the provisions of the act ( criminal law ), deliberately in order to be regarded as an affliction.

B. The purpose of criminal law

concrete goals of criminal law there is two, that is :

• to scare everyone to not do good deeds.
• to educate people the have never done a good deed is not good and acceptable back in the life environment
the purpose of criminal law actually implies the prevention of unhealthy social phenomenon in addition to treatment for those who are not doing so well. so the criminal code, the regulations that govern and restrict human behavior in violation negates the public interest. but if in this life there are people who act nice sometimes environmentally damaging another human life, in fact as a result of individual morality. and to determine the cause of an action that is not good ( criminal breach ), then studied by criminology.
in criminology that will be examined is why until someone does a specific action that is not in accordance with the requirements of social life. in addition, there is help other criminalistics, science psychology. so, criminology as a science that helps criminal law duty to learn the cause of someone committing a crime, what is motivation, how come and what actions can be taken to negate the deed.

C. Classification of criminal law

Ius poenalle substantial or criminal law
objective in the sense that a number of regulations containing prohibitions or requirements that the perpetrator be punished. the criminal law are divided be two main branch, that is :

• substantive law is a branch of the criminal code defines criminal acts that are prohibited by the act, and establish penalties for those the do. branch which is part of public law has been linked with other branches of the criminal law, criminal procedure law as science, criminology, and so on.
• formal laws ( criminal proceedings ) for the enforcement of substantive law, procedural law required. procedural law is a provision of law that governs how the ( material ) realized or can be applied / implemented to meet the subject of his actions. without procedural law then there is no substantive legal benefits. to enforce the provisions of criminal law required criminal law, civil law with civil law there. this event should be controlled by the law of legal practitioners, police, prosecutors, lawyers, judges.

Of dr. mansur said ismail in the book criminal describes the criminal code definition of a set of rules that govern criminal defendant-start the implementation of criminal law since the time of repair, the legal rights and obligations associated with the growth of both the costs associated with criminal and civil procedure allegations that the defendant derived from criminal defendants, and also implementation of justice. from are here, it is clear that the the substance code of criminal procedure includes :

• criminal defendants, criminal law since the days until the end of the various levels.
• civil indictment, which often occurs due to a crime and that the defendant was appointed as an instance of a criminal defendant.
• implementation of the judiciary, which require judicial intervention.

And on this basis, the criminal procedure code, in accordance with the interests of the implementation of the objectives, categorized as a branch of the general laws, as most of the global nature of organized criminal defendants and those relating to the interests of the state in ensuring the efficiency of the penal code. therefore, the civil procedure act addressed the problem of the relatively complicated and complex, must ensure alignment between the publics right to punish a criminal, and the criminal offender rights to liberty and security of a good name, and if possible, following the defense. to realize this goal, the experts agreed that the criminal code should really make sure both parties and victim-offender criminal.
criminal law in the sense of subjective in a sense, the so-called ius puniendi, ie a number of rules governing the right of the state to punish someone who commits a prohibited act.

D. Scope of criminal law
criminal law has a scope is what is called a criminal act or offense or criminal offense. according to simons criminal incidents of wrongdoing and contrary to law and punished people who can be responsible. so the elements of criminal incidents, namely :.
• attitude of human action or behaved
. breaking the law, unless there is a justification, based on the error, unless there is a fundamental error elimination.

Story that attitude punished / penalized is

- human behavior ; when a lion kills the cubs can not be punished
- occurs in situations, where the attitude of tort,
for example, kids who play ball led to the outbreak of the greenhouse.
- perpetrators must know or deserve to know the act is a violation of law ; with the outbreak of the glass house of course known that doing so would cause harm to others.
- there is no mental aberrations that affect attitudes nil. the action was a smashing healthy people and not mentally handicapped. judging from the formulation, criminal incidents / crimes can be divided into :

• official glare, formulations suppress this offense is the attitude or actions prohibited without consequences formulate behaved.
• glare materials, formulations suppress the violation is the result of an action or attitude behaved.
for example, article 359 of the criminal code :
in criminal law there is a saying : nullum delictum poenali nulla poena sine previa is lege, who meant that the no action can convicted without any rules governing the action like as never before. provision of called the principle of legality.
Criminal law applies to any person who committed a criminal act in accordance scope of application of the principles of law books criminal law. scope of application of the principles of criminal law, are :

 Territorial principle ( teritorialitets beginsel )
2. active nationality principle ( actief nationaliteitsbeginsel )
3. passive nationality principle ( pasief nationaliteitsbeginsel )

E. system punishment
system of penalties provided in article 10 of the basic and additional crime, stating that the sentence may be imposed on the criminal consist of :

a. capital punishment ( hoofd straffen ).
. capital punishment
2. imprisonment
3. confinement
4. fined
b. additional penalties ( bijkomende staffen )
. revocation of some specific rights
2. seizure of certain goods
3. judges decision.

Terms of Bachelor of Laws Becoming a Lawyer

Indonesia has a bachelors who recently completed college education in particular the bachelor of law. Afterwards stayed law scholars applying discipline of science, for graduates bachelor of law is quite a lot options. but most choose a bachelor of law to an advocate.

Surely after a bachelor of law is not directly proceedings no other terms must first be passed. regarding the requirements to become an advocate, you can refer to the law no. 18 year 2003 on an advocate( the act advocates ). In article 3, paragraph ( ) of the advocates act, explained the requirements to be appointed as an advocate, namely :

a. Citizens of the republic of indonesia ;
b. Reside in indonesia ;
c. No status as civil servants or state officials ;
d. Aged at least 25 ( twenty five ) years ;
e. Bachelors degree in higher education background in law ;
f. Pass the examination conducted by the organization of advocates ;
g. Internship of at least 2 ( two ) years continuously in office an advocate ;
h. Never been convicted of a criminal offense punishable by imprisonment of 5 ( five ) years or more ;
i. Well behaved, honest, responsible, fair, and have high integrity.

More procedures to be appointed as an advocate, refer to the article sikalan procedure become an advocate since pkpa by appointment.
 
The definition of qualified undergraduate background in higher education law is based on the explanation of article 2 paragraph ( ) of the an advocate act, is not limited to someone who graduated in law. Against this background of higher education law has a wider coverage ( but still limited ) that includes law school graduates, faculty of sharia, the military college law and police science colleges.

So, who can be appointed as an advocate are the ones who are undergraduate ( bachelors - s1 ) with a background of higher education law. So, if the person is not a legal scholar, but still included in the scope of the term law high education background, then that person can be appointed as an advocate. however, if the person is a bachelor ( s1 ) from other areas of education that are not included in the scope of restrictions or above, then it can not be an advocate ( eg : bachelor of engineering, bachelor of economics ).

This was reiterated by the secretary general of the indonesian advocates association ( peradi ) hasanuddin nasution. according to hasanuddin, the requirements to be appointed as an advocate under article 2 paragraph ( ) of law an advocate is a graduate background in higher education law, but not limited to legal scholars ( for example it could be islamic religious scholar, scholar police ). Scholars referred to in this article is bachelor degree ( s1 ). So if not a graduate educational background in law ( eg engineering degree ) but holds a master law ( mh ), it can not be appointed as an advocate.
 

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