Kereta Api

Hingga 2023 – Maret 2024, terdapat 1,514 pelintasan dijaga dan 2,556 pelintasan tidak dijaga. Permen Perhubungan 94 no 2018 pelintasan merupakan tanggungjawab pemerintah daerah (gubernur, walikota/bupati). UU no 23 tahun 2007 tentang perkeretapian.

Reminder bukan masalah teknologi tapi masalah aturan

Detik’s Advocate

Detik’s Advocate

• Saya Dapat WA Makian ‘Anjing’, Apakah Bisa Saya Pidanakan Pengirim Chat?
  PN Luwuk: menjatuhkan pidana kepada Terdakwa dengan pidana penjara selama 10 bulan dan pidana denda sejumlah Rp 60 juta
• Saya Nunggak KPR dan Diusir Paksa Developer, Bagaimana Solusinya? anjar: as developer, you have every right to defend the asset, as customer, I can buy you a time. detik: Jika hal-hal tersebut sudah diatur dan disepakati dalam PPJB, maka Saudara harus tunduk kepada isi dan ketentuan dimaksud, hal mana tindakan developer menjadi patut dan dapat dibenarkan menurut hukum.
• Anak Kami Masih Bayi, Apakah Rumah Gono-gini Harus Dibagi Seketika? anjar: as husband (initiator) you have every right, as a wife, well ada SE MA.
• Suami Saya Kerja Serabutan, Apakah Bisa Jadi Alasan Gugat Cerai?
• Saya Pukul Adik karena Emosi, Apakah Saya Bisa Dipidana? Undang-Undang Nomor 23 Tahun 2004 KDRT. Kekerasan psikis, yaitu adalah perbuatan yang mengakibatkan ketakutan, hilangnya rasa percaya diri, hilangnya kemampuan untuk bertindak, rasa tidak berdaya
• Saya Memalsukan Paraf Review Halaman Kontrak, Apakah Bisa Dipidana? anjar: siapa yang mau memidanakan? jika yang merasa dipalsukan, maka ia harus menghadapi peraturan perusahaan. detik: dalam hukum pidana melakukan pemalsuan tanda tangan (paraf) adalah perbuatan pidana
• Keuntungan Investasi 35 Persen Macet, Apakah Bisa Dipidanakan? anjar: tidak, itu kan perjanjian perdata, terkecuali jumlahnya besar, tapi juga tidak bisa dikembalikan. detik: subyek hukum, hubungan hukum, peristiwa hukum. Bisa diperdatakan dan dipidanakan.
• Saya Kasir Tempat Hiburan Malam, Apakah Menawarkan Kondom Bisa Dipidana? anjar: bisa (karena ada segudang alasan, izin usaha): detik (good answer): tidak, karena kondom bukan barang terlarang
• Apakah Menagih Utang Lewat InstaStory Termasuk Pencemaran Nama Baik? detik (good answer): tidak bisa secara UU ITE, kecuali kalau mengejek bisa KUHP
• Proyek Bikin Kos-kosan Rp 1,5 M Mangkrak, Kasus Pidana atau Perdata? SP2 Lid diterbitkan dengan alasan tidak ditemukan peristiwa pidana.
• Kontraktor Rumah Molor Bikin Saya Rugi, Bisakah Dipidanakan?
• Apakah Suami Banyak Utang Bisa Jadi Alasan Gugat Cerai? pada dasarnya persoalan ekonomi tidak bisa dijadikan alasan untuk mengajukan gugatan perceraian

Law and crime

reddit: If the penalty for a crime is a fine, then that law only exists for the lower class. Plato’s “Republic” The direct quote, purported to have come from the Sophist, Thrasymachus: “Listen – I say that justice is nothing other than the advantage of the stronger.”

P01 mengajarkan banyak hal: pertama, siapapun bisa mendeliver pekerjaan, sepanjang pimpinan tersebut dengan prinsip mutual development memberikan kepercayaan terhadap orang tersebut. Tapi, tidak semua pimpinan punya prinsip mutual development, beberapa punya prinsip profit maximization, sehingga ketika mengalokasikan resources pun disusun dengan prinsip maximization, sebagai contoh alokasi resources bisa menjadi seperti ini, in order: core, security, process, data, infra, aplikasi. Padahal saya tidak melihat seperti ini, order saya rubah menjadi aplikasi, infra, process, core, security dan data.

C7 ini menarik karena pertama: tidak ada satupun project yang sama. Kedua: ketika sebuah project sudah dikuasai (mekanismenya, cara mendelivernya) tapi ternyata requirement di project yang baru sama sekali berbeda, resources yang tersedia juga sama sekali berbeda, sehingga diperlukan sebuah mekanisme adaptasi baru yang konsisten apapu kondisinya.

Keyword: surveillance, intelligence

Law and crime quotes

Throw up into your typewriter every morning. Clean up every noon; Raymond Chandler

Justice

1. Justice must always question itself, just as society can exist only by means of the work it does on itself and on its institutions. Michel Foucault (1926-84), French philosopher. “Vous Êtes Dangereux,” in Libération (Paris, 30 June 1983; repr. in Didier Eribon, Michel Foucault, 1989; tr. 1991).
2. Absolute justice is achieved by the suppression of all contradiction: therefore it destroys freedom. Albert Camus (1913-60), French-Algerian philosopher, author. The Rebel, pt. 5, “Historic Murder” (1951; tr. 1953)
3. A good parson once said that where mystery begins religion ends. Cannot I say, as truly at least, of human laws, that where mystery begins justice ends. Edmund Burke (1729-97), Irish philosopher, statesman. A Vindication of Natural Society (1756).
4. If some beggar steals a bridle. he’ll be hung by a man who’s stolen a horse. There’s no surer justice in the world than that which makes the rich thief hang the poor one. Peire Cardenal (c. 1180-1272), French troubadour poet. “Las amairitz, qui encolpar las vol,” published in Songs of the Troubadours (ed. and tr. by Anthony Bonner, 1972).
5. There is one, and only one, thing in modern society more hideous than crime – namely, repressive justice. Simone Weil (1909-43), French philosopher, mystic. “Human Personality” (published in La Table Ronde, Dec. 1950; repr. in Selected Essays, ed. by Richard Rees, 1962).
6. If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected-those, precisely, who need the laws’s protection most!-and listens to their testimony. James Baldwin (1924-1987), U.S. author. The Price of the Ticket, “No Name in the Street” (1972).
7. Justice is a whore that won’t let herself be stiffed, and collects the wages of shame even from the poor. Karl Kraus (1874-1936) Austrian satirist. “The Good Conduct Medal” (1909; repr. in In These Great Times: A Karl Kraus Reader, ed. by Harry Zohn, 1976).
8. Justice is conscience, not a personal conscience but the conscience of the whole of humanity. Those who clearly recognize the voice of their own conscience usually recognize also the voice of justice. Alexander Solzhenitsyn (b. 1918), Russian novelist. Letter, Oct. 1967, from Solzhenitsyn to three students (published in Solzhenitsyn: A Documentary Record, “The Struggle Intensifies,” ed. by Leopold Labedz, 1970).
9. Injustice is relatively easy to bear; what stings is justice. H. L. Mencken (1880-1956), U.S. journalist. Prejudices, ch. 3 (Third Series, 1922).
10. A weak man is just by accident. A strong but non-violent man is unjust by accident. Mohandas K. Gandhi (1869-1948), Indian political and spiritual leader. Non-Violence in Peace and War, vol. 1, ch. 354 (1942).
11. Justice in the hands of the powerful is merely a governing system like any other. Why call it justice? Let us rather call it injustice, but of a sly effective order, based entirely on cruel knowledge of the resistance of the weak, their capacity for pain, humilation and misery. Injustice sustained at the exact degree of necessary tension to turn the cogs of the huge machine-for-the-making-of-rich-men, without bursting the boiler. Georges Bernanos (1888-1948), French novelist, political writer. M. Olivier, in The Diary of a Country Priest, ch. 7 (1936).

Crime and Criminals

1. There is no society known where a more or less developed criminality is not found under different forms. No people exists whose morality is not daily infringed upon. We must therefore call crime necessary and declare that it cannot be non-existent, that the fundamental conditions of social organization, as they are understood, logically imply it. Émile Durkheim (1858-1917), French sociologist. Suicide, bk. 3, ch. 3, sct. 1 (1897; tr. 1951).
2. Crime seems to change character when it crosses a bridge or a tunnel. In the city, crime is taken as emblematic of class and race. In the suburbs, though, it’s intimate and psychological-resistant to generalization, a mystery of the individual soul. Barbara Ehrenreich (b. 1941), U.S. author, columnist. The Worst Years of Our Lives, “Marginal Men” (1991; first published 1989).
3. A crime persevered in a thousand centuries ceases to be a crime, and becomes a virtue. This is the law of custom, and custom supersedes all other forms of law. Mark Twain (1835-1910), U.S. author. Following the Equator, ch. 63, “Pudd’nhead Wilson’s New Calendar (1897).
4. The study of crime begins with the knowledge of oneself. All that you despise, all that you loathe, all that you reject, all that you condemn and seek to convert by punishment springs from you. Henry Miller (1891-1980), U.S. author. The Air-Conditioned Nightmare, “The Soul of Anaesthesia” (1945).
5. There is a heroism in crime as well as in virtue. Vice and infamy have their altars and their religion. William Hazlitt (1778-1830), English essayist. Characteristics: In the Manner of Rochefoucault’s Maxims, no. 354 (1823; repr. in The Complete Works of William Hazlitt, vol. 9, ed. by P. P. Howe, 1932).
6. Crime is naught but misdirected energy. Emma Goldman (1869-1940), U.S. anarchist. Anarchism and Other Essays, “Anarchism: What It Really Stands For” (1910).
7. Stripped of ethical rationalizations and philosophical pretensions, a crime is anything that a group in power chooses to prohibit. Freda Adler (b. 1934), U.S. educator, author. Sisters in Crime, ch. 7 (1975).
8. How vainly shall we endeavor to repress crime by our barbarous punishment of the poorer class of criminals so long as children are reared in the brutalizing influences of poverty, so long as the bite of want drives men to crime. Henry George (1839-97), U.S. economist. Social Problems, ch. 9 (1883).
9. No punishment has ever possessed enough power of deterrence to prevent the commission of crimes. On the contrary, whatever the punishment, once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been. Hannah Arendt (1906-75), German-born U.S. political philosopher. Eichmann in Jerusalem, Epilogue (1963).
10. It is certain that stealing nourishes courage, strength, skill, tact, in a word, all the virtues useful to a republican system and consequently to our own. Lay partiality aside, and answer me: is theft, whose effect is to distribute wealth more evenly, to be branded as a wrong in our day, under our government which aims at equality? Plainly, the answer is no. Marquis de Sade (1740-1814), French author. Dolmancé, in Philosophy in the Bedroom, “Dialogue the Fifth: Yet Another Effort, Frenchmen, If You Would Become Republicans” (1795).
11. The world of crime . . . is a last refuge of the authentic, uncorrupted, spontaneous event. Daniel J. Boorstin (b. 1914), U.S. historian. The Image, ch. 6 (1961).
12. The common argument that crime is caused by poverty is a kind of slander on the poor. H. L. Mencken (1880-1956), U.S. journalist. Minority Report: H. L. Mencken’s Notebooks, no. 273 (1956).
13. Crime and bad lives are the measure of a State’s failure, all crime in the end is the crime of the community. H. G. Wells (1866-1946), British author. A Modern Utopia, ch. 5, sct. 2 (1905; repr. in The Works of H. G. Wells, vol. 9, 1925).
14. All, all is theft, all is unceasing and rigorous competition in nature; the desire to make off with the substance of others is the foremost-the most legitimate-passion nature has bred into us . . . and, without doubt, the most agreeable one. Marquis de Sade (1740-1814), French author. Juliette ou les Prospérités du Vice, vol. 1 (1797).
15. As there is a use in medicine for poisons, so the world cannot move without rogues. Ralph Waldo Emerson (1803-82), U.S. essayist, poet, philosopher. The Conduct of Life, “Power” (1860).

Punishment

1. Distrust everyone in whom the impulse to punish is powerful! Friedrich Nietzsche (1844-1900), German philosopher. Thus Spoke Zarathustra, pt. 2, ch. 29 (1883-91).
2. All in all, punishment hardens and renders people more insensible; it concentrates; it increases the feeling of estrangement; it strengthens the power of resistance. Friedrich Nietzsche (1844-1900), German philosopher. The Genealogy of Morals, essay 2, aph. 14 (1887).
3. The generality of men are naturally apt to be swayed by fear rather than reverence, and to refrain from evil rather because of the punishment that it brings than because of its own foulness. Aristotle (384-322 B.C.), Greek philosopher. Nicomachean Ethics, bk. 10, ch. 9.
4. Our system is the height of absurdity, since we treat the culprit both as a child, so as to have the right to punish him, and as an adult, in order to deny him consolation. Claude Lévi-Strauss (b. 1908), French anthropologist. Tristes Tropiques, ch. 38 (1955), commenting on the system of justice.
5. Retaliation is related to nature and instinct, not to law. Law, by definition, cannot obey the same rules as nature. Albert Camus (1913-60), French-Algerian philosopher, author. Resistance, Rebellion and Death, “Reflections on the Guillotine” (1961).
6. In its function, the power to punish is not essentially different from that of curing or educating. Michel Foucault (1926-84), French philosopher. Discipline and Punish: The Birth of the Prison, pt. 4, ch. 3 (1975).
7. Let us have compassion for those under chastisement. Alas, who are we ourselves? Who am I and who are you? Whence do we come and is it quite certain that we did nothing before we were born? This earth is not without some resemblance to a gaol. Who knows but that man is a victim of divine justice? Look closely at life. It is so constituted that one senses punishment everywhere. Victor Hugo (1802-85), French poet, dramatist, novelist. Les Misérables, pt. 4, bk. 7, ch. 1 (1862).
8. One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted; and a community is infinitely more brutalised by the habitual employment of punishment than it is by the occasional occurence of crime. Oscar Wilde (1854-1900), Anglo-Irish playwright, author. The Soul of Man Under Socialism, in Fortnightly Review (London, Feb. 1891; repr. 1895).
9. Whenever a human being, through the commission of a crime, has become exiled from good, he needs to be reintegrated with it through suffering. The suffering should be inflicted with the aim of bringing the soul to recognize freely some day that its infliction was just. Simone Weil (1909-43), French philosopher, mystic. “Draft for a Statement of Human Obligations” (written 1943; repr. in Selected Essays, ed. by Richard Rees, 1962).
10. We have found that morals are not, like bacon, to be cured by hanging; nor, like wine, to be improved by sea voyages; nor, like honey, to be preserved in cells. William Cooke Taylor (1800-1849), Irish author. Remark, 1849. Quoted in: James Walvin, Victorian Values, ch. 6 (1987).
11. If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order. Thomas Szasz (b. 1920), U.S. psychiatrist. The Second Sin, “Punishment” (1973).
12. Whipping and abuse are like laudanum: you have to double the dose as the sensibilities decline. Harriet Beecher Stowe (1811-96), U.S. novelist, anti-slavery campaigner. Uncle Tom’s Cabin, ch. 20 (1852).
13. Men are not hanged for stealing horses, but that horses may not be stolen. George Savile Halifax, Lord (1633-95), English statesman, author. Political, Moral, and Miscellaneous Thoughts and Reflections, “Of Punishment” (1750).
14. Any punishment that does not correct, that can merely rouse rebellion in whoever has to endure it, is a piece of gratuitous infamy which makes those who impose it more guilty in the eyes of humanity, good sense and reason, nay a hundred times more guilty than the victim on whom the punishment is inflicted. Marquis de Sade (1740-1814), French author. Letter, 21 May 1781, to his wife from Vincennes prison (published in Selected Letters, no. 8, ed. by Margaret Crosland, 1965).

Police

1. You are thought here to be the most senseless and fit man for the constable of the watch, therefore bear you the lantern. William Shakespeare (1564-1616), English dramatist, poet. Dogberry to the First Watchman, in Much Ado About Nothing, act 3, sc. 3, venting one of his many malapropisms (“senseless” for sensible).
2. The art of the police is not to see what it is useless that it should see. Napoleon Bonaparte (1769-1821), French general, emperor. Letter, 24 May 1800.
3. Rain is the best policeman. Police Motto.
4. Policemen so cherish their status as keepers of the peace and protectors of the public that they have occasionally been known to beat to death those citizens or groups who question that status. David Mamet (b. 1947), U.S. playwright. Writing in Restaurants, “Some Thoughts on Writing in Restaurants” (1986).
5. At one time my only wish was to be a police official. It seemed to me to be an occupation for my sleepless intriguing mind. I had the idea that there, among criminals, were people to fight: clever, vigorous, crafty fellows. Later I realized that it was good that I did not become one, for most police cases involve misery and wretchedness-not crimes and scandals. Søren Kierkegaard (1813-55), Danish philosopher. Journals and Papers, vol. 5, entry no. 6016 (ed. by Howard V. Hong and Edna H. Hong, 1978). Kierkegaard found his vocation instead as-in his words-“a spy in the service of the highest.”
6. Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy (1925-68), U.S. Attorney General, Democratic politician. The Pursuit of Justice, pt. 3, “Eradicating Free Enterprise in Organized Crime” (1964).
7. If it were possible to make an accurate calculation of the evils which police regulations occasion, and of those which they prevent, the number of the former would, in all cases, exceed that of the latter. Karl Wilhelm Von Humboldt (1767-1835), German statesman, philologist. The Limits of State Action, ch. 8 (1792; repr. 1854; tr. and ed. by J. W. Burrow, 1969).
8. I’m not against the police; I’m just afraid of them. Alfred Hitchcock (1899-1980), Anglo-American filmmaker. Quoted in: New Society (London, 10 May 1984).
9. There is nothing more unaesthetic than a policeman. Sir Arthur Conan Doyle (1859-1930), English author. Thaddeus Sholto, in The Sign of Four, ch. 4 (1889).
10. However low a man sinks he never reaches the level of the police. Quentin Crisp (b. 1908), British author. The Naked Civil Servant, ch. 12 (1968).
11. A really good detective never gets married. Raymond Chandler (1888-1959), U.S. author. “Casual Notes on the Mystery Novel” (1949; first published in Raymond Chandler Speaking, 1962).
12. A functioning police state needs no police. William Burroughs (b. 1914), U.S. author. Dr. Benway, in The Naked Lunch, “Benway” (1959).
13. He may be a very nice man. But I haven’t got the time to figure that out. All I know is, he’s got a uniform and a gun and I have to relate to him that way. That’s the only way to relate to him because one of us may have to die. James Baldwin (1924-87), U.S. author. A Dialogue (1973; with Nikki Giovanni), said of the police in a conversation in London, 4 Nov. 1971.
14. We’re talking scum here. Air should be illegal if they breathe it. Policeman. Quoted by P. J. O’Rourke in: Rolling Stone (New York, 30 Nov. 1989), on drug abusers, Washington, D.C.

Detectives

1. Every man at the bottom of his heart believes that he is a born detective. John Buchan (1875-1940), British author, statesman. Leithen, in The Power-House ch. 2 (1916).
2. As the strong man exults in his physical ability, delighting in such exercises as call his muscles into action, so glories the analyst in that moral activity which disentangles. Edgar Allan Poe (1809-45), U.S. poet, critic, short-story writer. The Murders in the Rue Morgue (1841).
3. At bottom, I mean profoundly at bottom, the FBI has nothing to do with Communism, it has nothing to do with catching criminals, it has nothing to do with the Mafia, the syndicate, it has nothing to do with trust-busting, it has nothing to do with interstate commerce, it has nothing to do with anything but serving as a church for the mediocre. A high church for the true mediocre. Norman Mailer (b. 1923), U.S. author. The Presidential Papers, “Sixth Presidential Paper-A Kennedy Miscellany: An Impolite Interview” (1963). Mailer called the FBI “the only absolute organization in America.”
4. “It is of the highest importance in the art of detection to be able to recognise out of a number of facts which are incidental and which are vital. . . . I would call your attention to the curious incident of the dog in the night-time.” “The dog did nothing in the night-time.” “That was the curious incident.” Sir Arthur Conan Doyle (1859-1930), English author. Sherlock Holmes and Inspector Gregory, in The Memoirs of Sherlock Holmes, “Silver Blaze” (1893).
5. The private detective of fiction is a fantastic creation who acts and speaks like a real man. He can be completely realistic in every sense but one, that one sense being that in life as we know it such a man would not be a private detective. Raymond Chandler (1888-1959), U.S. author. Letter, 19 April 1951 (published in Raymond Chandler Speaking, 1962).

All quotations are drawn from the Columbia Dictionary of Quotations. The Columbia Dictionary of Quotations is licensed from Columbia University Press. Copyright © 1993 by Columbia University Press. All rights reserved.

Keyword: Philosophy

Philosophy of law: logic (learn), read, write

Law as applied philopsophy: law as a way to apply philosophy to your every day life (byu.edu)

Everything you’re learning in philosophy now has applicability to being a lawyer and to doing well in law school.” One example Walker used examined criminal law and how the theories of retributivism and utilitarianism relate to the criminal justice system.

Walker explained that criminal law is rich with philosophy, and that in first-year criminal law courses students spend a substantial amount of time on the different levels of murder and why it’s a matter of utilitarianism.

“Say you robbed a bank and one of the patrons of the bank gets so scared that they have a heart attack and die,” said Walker. “In most states there is a rule that you can actually be charged with first-degree murder.”

Walker then asked students to put their philosophy caps on, asking what would motivate the felony-murder rule in this particular case. Students used this case to think through examples using both utilitarianism and retributivism as lenses to suggest possible motives for the felony-murder rule, which helped them to see the role philosophy plays in criminal justice decisions.

“As a lawyer, philosophy helps you understand the law and the legal arguments you make,” said Walker. “But where it has helped me the most is thinking about how to persuade others, judges and juries to think about the world in a way that may be more meaningful.”

To conclude, Walker identified three tips for philosophy and humanities students that would help them prepare to be a law student and eventually have a career in law.

1.“Take logic classes. It’s much better than most of the LSAT prep courses and more important when you get to law school,” he stressed as his first piece of advice. “As you’ve hopefully seen through a number of examples today, logic plays a huge role in the law and on legal reasoning.”

2.The second recommendation was that students read as much as possible. In conjunction with reading, however, Walker suggested that students take a step back and trace the structure of the arguments that philosophers and writers make.

“That’s one thing I loved about philosophy, and I wish I had done more as an undergrad,” said Walker. “I take a step back and I’m not just trying to figure out what the big picture is, but how they get from A to B to C to D.”

3.Finally, Walker suggested that students have a stronger focus on their writing. “That’s the biggest piece of advice I can give as you take philosophy classes,” said Walker. ”You’re going to be writing and making arguments. In law school it’s all about writing, and as a lawyer it’s all about writing.”

categories: society
tag: crime, law

Philosophy of law: Law is chaotic

Law and Chaos: Legal Argument as a Non-linear Process (Sullivan, 2004)

The philosophy of law, it is easy to demonstrate, is rarely an abstract, impractical pursuit. No society can properly be understood or explained without a coherent conception of its law and legal doctrine. (Philosophy of law, a very short introduction – Raymond wacks)

The idea of natural law originated with the Greek philosopher Heraclitus (circa 500 B.C.), who declared, “All the laws of human beings are nourished by the one divine [law].” This universal principle was independent of human opinion or agreement, but rather was regarded as the justification for human laws.

Bentham’s Natural Arrangement Versus Hart’s Morally Neutral Description (Zhai 2012)

Bentham ‘found the philosophy of law a chaos, he left it a science.’ Both John Stuart Mill and Henry Brougham agreed that Bentham was the first English legal philosopher. Over 100 years later, Hart indicated not only that Bentham’s thought marked ‘the beginning of wisdom’ in the elucidation of legal words, but also that he regarded Bentham as ‘the greatest English legal philosopher.’

Bentham believed that law and public policy should be determined and applied in accordance with science and utility. Bentham envisioned that science should serve utility as a means or instrument for the art of developing and implementing law and public policy. Bentham understood science as knowledge in the field of thought, and art as practice or performance in the field of action. (Bentham, Science and Utility, 2020)

Seven Types of Ambiguity

categories: society
tag: law
keyword: uselessness, existentialism

Philosophy of law: law is always controversial

Law is always controversial. Accidentally found this book, simple, very clear explanation. Beautiful book on the philosophy of law. This is where applied philosophy (as philosophy as formal science) works.

The law is rarely out of the news. It frequently stimulates controversy. While lawyers and politicians celebrate the virtues of the rule of law, reformers lament its shortcomings, and cynics question its professed equivalence with justice. Yet all recognize the law as a vehicle for social change. And few doubt the central role of law in our social, political, moral, and economic life.

But what is this thing called law? Does it consist of a set of universal moral principles in accordance with nature (see Chapter 1)? Or is it simply a collection of largely man-made, valid rules, commands, or norms (Chapter 2)? Does the law have a specific purpose, such as the protection of individual rights (Chapter 3), the attainment of justice (Chapter 4), or economic, political, and sexual equality (Chapter 6)? Can the law be divorced from its social context (Chapter 5)?

categories: society
tag: law, book
keyword: uselessness, existentialism

Hukum perjanjian backdated

Perjanjian back date ini tricky, berpotensi melanggar hukum. Pada dasarnya, mekanisme back date tidak diizinkan, namun untuk range waktu berlaku surut pada bagian jangan waktu pengikatan diperbolehkan. Namun, kebanyakan namun.

Boleh:
Pasal 1320 Kitab Undang-Undang Hukum Perdata (KUH Perdata) Syarat sah perjanjian
https://www.hukumonline.com/klinik/a/adakah-akibat-hukum-dari-perjanjian-iback-date-i-lt5d53ce2ab2767

Tidak boleh:
Pasal 263 Kitab Undang-undang Hukum Pidana (KUHP) Tindak pidana pemalsuan surat
https://nasional.kompas.com/read/2021/08/03/05404551/ahli-hukum-sebut-kontrak-backdate-dalam-proses-alih-status-pegawai-kpk

Tidak boleh:
Pasal 84 UU 30 tahun 2004 Jabatan Notaris

Pasal 84
Tindakan pelanggaran yang dilakukan oleh Notaris terhadap ketentuan sebagaimana dimaksud dalam Pasal 16 ayat (1) huruf i, Pasal 16 ayat (1) huruf k, Pasal 41, Pasal 44, Pasal 48, Pasal 49, Pasal 50, Pasal 51, atau Pasal 52 yang mengakibatkan suatu akta hanya mempunyai kekuatan pembuktian sebagai akta di bawah tangan atau suatu akta menjadi batal demi hukum dapat menjadi alasan bagi pihak yang menderita kerugian untuk menuntut penggantian biaya, ganti rugi, dan bunga kepada Notaris.

Asas konsensual bahwa kontrak lahir pada saat terjadinya kesepakatan
Asas kebebasan berkontrak
Asas iktikad baik

UU 5 no 2011 Akuntan Publik

Regulatory Life Cycle

Principles-Based versus Rules-Based Accounting Standards: A Relevance-Enforceability Tradeoff (Schant, 2021)

We study a benevolent regulator’s problem to design accounting standards in an economy with firms that have heterogeneous projects. The report requires a classification decision based on project success. A rules-based approach mandates the same benchmark for all projects, whereas a principles-based approach implies different benchmarks, based on judgment and contextual information. While a principles-based approach provides more relevant information, thus increasing investment efficiency, it is more difficult to enforce. Our main findings are as follows. If enforcement penalties are low, a principles-based approach is not implementable. For somewhat higher penalties, a rules-based approach can still be preferable because of stronger deterrence

A framework for managing regulatory policy life-cycle challenges: an empirical design (Alrabiah 2021)

1.Umbrella framework
2.Law lifecycle: requirement based vs principles based
3.Business lifecycle: expansion vs recession
4.Harmonization and simplification

Keyword: Law, Regulation

Crime: Kanibalisme dan jamuan terakhir (Dec 21): Nullum crimen sine lege

Cerita kejahatan seperti ini sebenarnya sudah sering terjadi. Namun, sarana untuk menjustifikasi kejahatan -karena kejahatan tidak lebih dari respon ketidakadilan, there is no crime.

Nullum crimen sine lege is Latin for “no crime without law.” The phrase reflects the principle in criminal law and international criminal law that a person cannot or should not face criminal punishment except for an act that was criminalized by law before they performed the act. This idea is also manifested in laws that require criminal acts to be publicized in unambiguous statutory text.

In case law, the phrase appears in Justice Douglas’s concurring opinion on Hirota v. MacArthur (1949), where Douglas wrote “the maxim nullum crimen sine lege is not a limitation of sovereignty, but is in general a principle of justice. To assert that it is unjust to punish those who in defiance of treaties and assurances have attacked neighboring states without warning is obviously untrue…” to explain that the concept limited unjust application of criminal laws to defendants but would not prevent Japanese government officials from being held guilty for war crimes by the International Military Tribunal for the Far East.

Nullum crimen sine lege is sometimes called the legality principle and is also interchangeable with “nullum poena sine lege,” which translates to “no punishment without law.” The phrase is often also used in connection with ex post facto laws.