As an essential principle in contract law, Indonesia has regulated good faith in the Indonesian Civil Code (the Dutch Civil Code that the Indonesian government uses based on the principle of concordance). However, the definition and benchmarks are not yet clear. There are no further provisions regarding the meaning and concept of this principle in the Indonesian Civil Code or other regulations. This absence of a single understanding of good faith principle in contract causes different opinions and legal certainty, whether from the business actor who signs the agreement or the judge as the third party who resolves contract disputes between parties. Therefore, future Indonesian contract law needs to regulate the definition and benchmarks for good faith principle. In order to find out the meaning and clear benchmarks for the good faith principle, the authors use a normative juridical method with a statute and conceptual approach. This research finds that the definition and benchmarks for the good faith principle is possible to be developed and regulated in Indonesian contract law. It shall set that good faith principle is based on honesty, decency, and fairness, which covers every agreement stage, from pre-agreement, agreement implementation, and after the agreement is completed.
Indonesia has experienced problems with refugees in recent years. Despite not being a state party to the 1951 Refugee Convention, Indonesia is still subject to the principle of non-refoulement as a norm that binds all states (jus cogens). This principle is regulated in Presidential Regulation Number 125 of 2016 and Regulation of the Director General of Immigration of 2016 as basic regulations for handling refugees. However, the principle of non-refoulement is not applied absolutely to refugees in Indonesia. The government is in a difficult situation and seems hesitant in taking a legal political stance, to accept or expel the presence of refugees. This research article aims to evaluate the application of the principle of non-refoulement in Indonesian national law. The findings of this research show that the state cannot apply the principle of non-refoulement to refugees in an absolute manner as it will have an impact on national security stability. The legal position of the Presidential Regulation and the Regulation of the Director General of Immigration contradict other regulations, potentially leading to norm conflicts and legal uncertainty. This regulation cannot be applied in all situations. Although this regulation is binding, its application is highly dependent on the needs and urgency of the country. The principle of non-refoulement does not apply to refugees if their presence threatens national security or disturbs public order in transit countries, especially for Indonesia, which has not ratified the 1951 Refugee Convention. Normatively, the application of this principle can be limited by the Constitution, Immigration Law, the theory of state sovereignty, the theory of primordial monism of national law, the principle of selective immigration policy, the principle of immigration essence, and the principle of immigration traffic control. This provision emphasizes that the application of this principle is relative and can be limited based on state sovereignty and national security interests.
This article emphasizes the critical role of the subsidiarity principle in facilitating adaptation to climate change. Employing a comparative legal analysis approach, the paper examines how this principle, traditionally pivotal in distributing powers within the European Union, could be adapted globally to manage climate change displacement. Specifically, it explores whether subsidiarity can surmount the challenges posed by national sovereignty and states’ reluctance to cede control over domestic matters. Findings indicate that while domestic efforts and local adaptations should be prioritized, international intervention becomes imperative when national capacities are overwhelmed. This article proposes that ‘causing countries’ and the global community bear a collective responsibility to act. The Asia-Pacific region, characterized by diverse and vulnerable ecosystems like small islands, coastal areas, and mountainous regions, serves as the focal point for this study. The research underscores the necessity of developing policies and further research to robustly implement the subsidiarity principle in protecting climate-displaced populations.
The purpose of the article is the analysis of the constitutional regime in the Republic of Poland, the study of democratic and authoritarian tendencies. The article is devoted to the coverage of one of the most pressing issues, namely the constitutional principles of Polish democracy, which play an important role in determining the political system and functioning of the State. They establish the basic principles of a democratic system, protect the rights and freedoms of citizens, and determine the relationship between the Government and the people. Poland, as a democratic republic, has its own constitutional principles, ensuring the stability of the political system and the development of democracy in the country. The article analyzes the constitutional principles in the doctrine of constitutional law and constitutional practice of Poland, examines their nature and significance for the supremacy of the Constitution and the development of the legal system. Authoritarian tendencies are covered as well. It is determined that nowadays there is a tense interaction between democratic principles and tendencies towards authoritarianism in the Republic of Poland. This situation is reflected in political actions, legislative changes and Government actions that can contribute to the undermining of democratic institutions and values.
The principle of legality constitutes one of the basic principles of the government’s rule of law, and as a result, it has been recognized as one of the most essential guarantees of human rights. The goals of sustainable development have a strong link with the principle of legality, and achievements in accomplishing a goal can frequently contribute to the accomplishment of other goals in addition. The United Arab Emirates’ constitutional framework, regulations, and rules, along with the goals for sustainable development (SDGs), were profoundly affected by the principle of legality. The method in which international standards and laws have been integrated into the UAE’s national legal framework provides definitive proof of this effect. The research concluded that all published and unofficial legal regulations have to be respected in order for public authorities to use within the limits of the principle of legality. These involve adhering to the standards of positive legitimacy and the fundamental regulations the community agrees on.
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