THE VERDICTS OF CRIMINAL LAW JUDGES REFLECTING THE PRINCIPLES OF FUNDAMENTAL JUSTICE BASED ON PANCASILA

Indonesia is a state law. This statement can be found in Article 1 Verse （3） of Indonesia Constitution of 1945 and is elaborated more in Act No. 48 Year 2009 on Judicial Power-in which Article 1 No. 1 asserts that Judicial Power refers to the power of a free country to perform court systems in order to enforce the law and justice based on Pancasila and Indonesia Constitution of 1945, in line with the status of Indonesia as a state law.     

THE OMBUDSMAN AND THE PROTECTION OF HUMAN RIGHTS IN EUROPE： CASE STUDY OF ITALIAN ＂CIVIC DEFENDER＂

The paper is centered on the Ombudsman＇s role in the defense of individual human rights. The institution of the Ombudsman is based on the idea that citizens should be entitled to complain against specific acts and behaviors of their rulers and that their complaints should be investigated by an independent body. In Europe, the establishment of a specific office to investigate citizen complaints against public bureaucracy is relatively recent,     

POLITIC OF LAW OF GROUND WATER EXPLOITATION

One of Indonesia characters is welfare state, reflected in Republic Indonesia Constitution in 1945 （UUD NRI year 1945） on Preamble paragraph 4 mentioning the general welfare is the primary aim of the state. Provision of Article 33 paragraph （2）, （3）, and （4） UUD NRI year 1945 as lives of many people that natural resources inform of water for the greatest prosperity of people＇s and controlled by state. This is in line with the Constitution Act No. 7 year 2004 on water resources, focus on welfare of people and based on the reflection of democracy spirit. Based on the constitution of Local Government Act No. 32 year 2004, the important role to support the achievement of social welfare problems associated with water （ground water）, is crucial. However, the Presidential Decree RI No. 36 year 2010 which provides space for the foreigners to invest in water exploitation orientation, and there was interest~politic of law, so the local government at the beginning prioritize on the welfare of the local people turned into the realm of economic interest to revenue for local government. Based on the statement above, so the problems of people＇s welfare, democracy and justice are neglected.     

THE PROCEDURE OF PLEA BARGAINING IN ROMANIA A NEGOTIATION OR JUST A FORMAL INSTITUTION？ THE COMMON LAW SYSTEM

Entry into force of the law No. 202/2010 regarding some measures to accelerate the settlement of the process, already raises a number of problems of interpretation. According to the Explanatory Memorandum of Law 202/2010 states that： ＂Unlike the other laws, the law No. 202/2010 comes into Romanian legislative with the aim of speeding criminal proceedings as well as to prepare the implementation of the new codes, some of the regulations contained in future coding being found in this law.＂ In this respect, in the explanatory memorandum to the bill, it was noted that ＂from the major failures of justice in Romania, the harshest criticism was the lack of celerity in solving cases. ＂ As often judicial procedures prove to be heavy, formal, expensive and lengthy, it was recognized that judicial effectiveness of justice consists, largely, in the speed with which the rights and obligations enshrined in judgments are part of the juridical circuit, thus ensuring the stability of legal relations to be decided. The introduction of simplified procedure of admission of guilt in the Criminal Code, now in force, was justified in the explanatory memorandum, among others, by Article 6 paragraphs 3 letter d） of the European Convention which guarantees the defendant the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses under the same conditions as witnesses against him. This right has a relative character,＂ the defendant may give up his pursuit before an independent and impartial tribunal, and elect to be tried based on the evidence administrated in criminal prosecution. In this respect, the Strasbourg Court stipulated that the defendant has the opportunity to waive the right guaranteed by Article 6 paragraph 3 letters d） of the European Convention and, consequently, he cannot claim that this right was violated, if the sentencing court based its decision on the statement made during prosecution of a witness （anonymously） in whose defendant waived hear     

FAILED STATED CRITICS ON PEOPLE＇S CONSTITUTIONAL RIGHTS IGNORANCE IN MORO- MORO,REGISTER 45 FOREST,MESUJI, LAMPUNG

The idea of constitutionalism requires the notion of limiting the power and rights of the people guaranteed by the Constitution. Indonesia Constitution-Undang-Undang Dasar1945 clearly provides protection upon constitutional rights of citizens. Yet, in some places where agrarian conflicts happened, constitutional rights of citizens ignorance still occurs. One of the longest conflicts in Lampung is the conflict in Register 45forest area, in Mesuji district, Lampung. This conflict has been occurring for more than eleven years and resulting in many victims. It is a conflict about control and management of Industrial Plantation Forests （HTI） involving disputes among investors, people, and government.     

REHABILITATION POLICY IN THE LEGAL PROTECTION OF CHILD AND RAPED WOMEN AS VICTIMS

The research focused on identifying the rules or norms of positive law, relating to Article 64 paragraph （3） letter a of Act No.23 of 2002 carried through rehabilitation efforts, both within the institution and outside the institution. The treatment between the rights of offenders and the rights of victims is equal in the criminal justice system. Positive in criminal law today is more emphasis on the protection of non-physical rehabilitation of order been done ＂in abstracto＂ or indirectly acoords legal system in Indonesia embraces the Civil Law svstem,     

FOCUS： PUNITIVE DAMAGES IN CHINA PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that ＂（w）hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.＂ As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

OPTIMALITY CONDITION OF PLACE OF INJURY RULE IN CROSS-BORDER INTERNET TORTS AND IMPLICATIONS FOR TURKEY

Place of injury rule is not always optimal. In this paper, we measure the optimality condition of place of injury rule under strict liability. We develop an extended new model that departs from the efficient condition of choice of law rule by O＇Hara ＆ Ribstein2. The first part of our model proposes the optimal amount of precaution in cross-border internet torts under strict liability. The second part of the model indicates the optimality condition of the place of injury rule. Our model shows that the choice of injury rule is not always optimal However, Article 34/II of Turkish Act on Private International and Procedural Law accepts that the choice of injury rule is always optimal so that Article 34/11 is inefficient and wealth destroying. In conclusion, we suggest that Article 34/11 should not be a mandatory rule. It should grant discretion to judges in order to measure the optimality conditions of both place of injury rule and place of conduct rule in each case. Our model will guide judges to measure the optimality conditions of choice of law rules.     

REHABILITATION OF DRUNK DRIVERS AND THE SMADIT PROJECT： COLLABORATION AMONG THE POLICE FORCE,THE ROAD ADMINISTRATION AND THE SOCIAL SERVICES

The aim of the SMADITt project is not only to reduce the number of drunk drivers on the Swedish roads but also to reduce the number of repeated drunk driving offences. The SMADIT project is a three-way collaboration between the Swedish Police Force, the Swedish Road Administration and the Swedish Social Services. According to the guidelines the police should inform the suspected drunk drivers about SMADIT and ask if they want to be contacted by the Social Services. If they agree to take part in the project, then a member of staff from the Social Services will contact them within 24 hours. The purpose of this paper is to present the results from a qualitative study evaluating the effects of SMADIT. Thirteen male drivers and one female driver who agreed to take part in the SMADIT project were interviewed. The questions covered their experience of SMADIT, why they agreed to participate, what kind of help they received but also their attitudes towards drinking and driving in general and the event leading up to the conviction. The results showed that the initial contact with the police determined if they would agree to participate in the project or not. Both written and verbal information were essential An important aim with SMADIT project is the early contact with the Social Service. However, the results from this study showed that several informants needed time for reflection and to recover from the shock after being stopped by the police on suspicion of drunk driving. However, according to informants, it was important that not too many days passed before a contact was established. During the meeting with the Social Service, the informants were then offered different kinds of treatment. All of the informants were very pleased with this contact. According to the guidelines provided by the SMADIT project a consensus has to be reached, otherwise the Social Services cannot contact the person. In this study, we found that a person straight after the event does not always think clearly and therefore we propose that the SM     

THE FORMATION OF LOCAL POLITICAL PARTIES IN UNITARY STATE OF REPUBLIC OF INDONESIA CONSTITUTIONAL LAW PERSPECTIVE

As a unitary state which adheres to the principle of local autonomy in 1945 NRI Constitution, Indonesia reflects the character of federalism in the context of the relationship between central and local. The character is reflected on more number of government affairs under the authority of the local than the central. It also reflects that Indonesia actually is a very diverse country, so the plurality must be treated with establishing a decentralized unitary state. Indonesian pluralism is also reflected in the diversity of its people political channels. Unfortunately, in this context, the party system in Indonesia is still highly centralized with the party system with national concern only. This normative law research with theoretical, normative, sociological and historical approaches finds that Indonesia, theoretically, is feasible to implement the local party system in addition to the existing national political party, because it holds the doctrine of the federalism mentioned above. Normatively, the provisions of pluralistic of Indonesia are set out in the Constitution, including provisions on local autonomy which provides a space for the pluralism. The pluralistic of the political channels is sociologically proven by more differentiation of public options in every election. Therefore, for the building of diverse and autonomous Indonesia in the future, a local party system which dichotomous with national political parties needs to be built. It serves as the basis of the strengthening of regional autonomy in the context of the Unitary State of Indonesia.     

Three statutory regimes at impasse： ＂Reverse payments＂ in ＂pay-for-delay＂ settlement agreements between brand-name and generic drug companies

Antitrust authorities in both the United States and Europe have expressed deep concern over settlements of antitrust cases in the pharmaceutical sector, settlements involving ＂reverse payments＂ from plaintiffs to defendants, large sums paid by branded pharmaceutical companies to generic competitors in exchange for promises to stay offthe market. Such ＂pay-for-delay＂ settlements have proliferated in the United States since Federal Circuit Courts of Appeals have found them unproblematic despite the Federal Trade Commission＇s persistently strong position that they violate the antitrust laws. These cases arise at the intersection of three statutory regimes seeking to promote innovation, three clusters of doctrine and policy that have interacted only to reach impasse： the Patent Act, the 1984 amendment to the Food, Drug, and Cosmetic Act, and finally the Sherman Anti-Trust Act. Antitrust is a late comer to the fierce competition over patented drugs, competition that permeates the approval process in the Food ＆ Drug Administration [FDA], competition that is restrained by these pay-for-delay settlement agreements. To set the stage, we begin with the Patent Act and its relationship to the FDA approval process. The story of pay-for-delay settlements then proceeds to the settlement agreements and their antitrust implications. We conclude that the best solution in these antitrust cases would be adoption of the FTC＇s approach of presumptive illegality. Together with an amendment proposed to fix the food and drug act, the presumptive illegality of pay-for-delay settlements under the antitrust laws would make the market for pharmaceuticals more price competitive, open weak patents to serious challenge, and as a result save consumers billions of dollars annually without taking from branded drug companies legitimately earned incentives to engage in research and development.     

THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？

By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.     

STUDENTS AS THE SUBJECT-MATTER OF THE FUNDAMENTAL RIGHT FOR EDUCATION： AN INTROSPECTION OF PHYSICAL PUNISHMENT IN TAIWAN

A Zero Physical Punishmentpolicy had been adopted and enacted into law in 2006. Articles 8 and 15 of Educational Fundamental Act have made Taiwan become the 109th country which implements a Zero Physical Punishment policy. In the past years, people in Taiwan used to take physical punishment as a part of teachers＇ legitimate disciplinary power. However, physical punishment has profound impacts on students＇ personalities and is in contravention with educational fundamental right which centers upon students＇freedom of personality development and students＇right of being free from physical harms. For that matter, after the Judicial Yuan Interpretation No. 382, students are not a part of Special Power Relationship anymore. Therefore, students, as the core of educational fundamental right, have the right to reject physical punishment or the right to seek for judicial remedies after being physically punished. Also, when teachers perform their disciplinary power, they must obey the core of educational fundamental right--students＇freedom of personality development. Besides, since the Zero Physical Punishment policy is the edueational prineiple in our country, the state, teachers, and parents must work together to carry it out and make schools become the appropriate places for students ＇freedom of personality development.     

Indonesian labour law development and reform： The years of ratifying fundamental human rights defined within the ILO core conventions

Indonesia has a long experience in developing and reforming its labour law in order to response and accommodate fundamental human rights defined within International Labour Organization （ILO） core conventions. It was in particular for enhancing substance of workers＇ prosperity in industrial relationships in the country. For the purpose of changing paradigm in industrial relationships namely the corporatist model or regulatory model into the contractual model and replacing the single union system with multi-union system in term of labor institution and worker association （particularly based on the ILO Convention No. 87 and No. 98）, the government of Indonesia fairly enacted the Act No. 21 of 2000 regarding Trade Unions and the Act No. 13 of 2003 regarding Labor.     

REVIEW OF THE US FINANCIAL REGULATION BILL——A LARGE-SCALE RISK CONTROL UNDER MIXED REGULATORY FRAMEWORK

When President Obama signed "Dodd-Frank Wall Street Reform and Consumer Protection Act," the US financial regulatory reform was basically outlined.This paper focuses on the evaluation of this reform with regard to the "Eye of the Storm" of the subprime crisis and summarizes the main contents of the bill.Studies suggest that this is a successful financial regulatory reform and the widest range of financial regulatory reform since the last century's "Great Depression," in that the bill has established a new framework of risk management with the characteristic of mixed regulation.     

Small arm transfers and state complicity in international law： Challenging the limitations

Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.     

Mediation On Public Construction Disputes In Taiwan

I. INTRODUCTION In Taiwan, it is increasingly common for the parties to refer their disputes arising from the public construction projects to the Complaint Review Board for Government Procurement under Public Construction Commission . Where there are differences in opinions between a contractor and the tendering entity regarding the provisions of the contract, or where a contractor considers that the actions or measures taken by the tendering entity under the contract are not in conformity with the stipulations of the contract, the parties prefer to resort to the mediation process conducted by the Complaint Review Board for Government Procurement rather than resort to arbitration directly. It is a practice that tends to be followed in large cases.     

An analysis to the foundation of rule of law in Civil Society

Civil Society refers to the civil organizations and activity space existing in society but outside the control scope of a government, and it is a society formed by citizens and the totality of citizen communication. Civil Society has a close connection with the law as the law just derives from regulations of Civil Society and acquires political form through a country. Civil Society is the social cultural foundation of laws and the rational regulation of Civil Society is the foundation on which the legal order is established.     

TOWARDS A NEW CONCESSIONS REGIME IN THE EU： ABOUT THE MERITS AND SHORTCOMINGS OF THE CONCESSIONS＇ DIRECTIVE

The European Commission published a proposal at the end of2011 for a self-standing directive on the awarding of concessions in the context of the revision of the public procurement framework. With the aim of harmonizing rules and developing minimum standards based on the EU primary law and ECJ case law, the purpose of the proposed directive was, according to the Commission, to ensure more transparency and legal certainty in all Member States in awarding concessions and enhance the development of PPPs （Public-Private Partnerships） 1 However, negotiations on the proposal for a concessions directive proved to be difficult. The text2 finally adopted on February 26, 2014 stems from three compromises： 1. Within the European Commission, between a fully fledged approach and a so-called ＂light approach ＂; 2. within the Council between Member States in favor of a detailed directive for the sake of easy transposition, and Member States reluctant to the very directive, whose added value was challenged either by fear of amending their own existing national legislation on concessions or, conversely, by fear of putting at risk existing contracts awarded without open tender; 3. within the European Parliament, as the rather technical issue of public procurement became a politically driven debate on both the principle of subsidiarity and the legitimacy of private operators to manage services of general interest. As a result of a complex deal brokered by the Commission, the Council and the European Parliament, the main merit of the directive is its existence. In the light of the numerous exclusions to its scope, it remains to be seen whether some of its promising provisions regarding the definition, the award and the life of concessions will facilitate on the ground the development of transparent, performing concessions projects. At the end of the day, options to be embraced by the Member States for the transposition of the concessions directive will be a key element in the success and use of the new legal concessions reg     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.