bluuebunny/crossref_metadata_2025 huggingface dataset:
Analisis Tingkat Over Tourism di Kawasan Wisata Sejarah Cirebon
Authors: Utami Ni Gusti Made Kerti , Roesfian Erfin , Suparman Maksum , Saputra Asdiansyah
Published: May 2023

Today, tourism development is rapidly growing, and it is easy for potential tourists to access information about a tourist destination. These conditions have an impact on increasing tourist visits. In addition, this phenomenon can also increase damage to existing tourist attractions because the number of visits exceeds the available capacity or exceeds the capacity of the tourist attraction itself. In this regard, easy access to the Cirebon Historical Tourism Area also causes discomfort for the local community. So it is necessary to measure it to determine the level of over tourism in the Cirebon Historical Tourism Area. By analyzing how the condition of over tourism is in the Cirebon Historical Tourism Area, it can also be seen that the factors can be applied to various tourist destinations in Indonesia to measure the level of over tourism. The design of this study uses quantitative research methods with descriptive statistical data analysis techniques. The population in this study are tourism stakeholders in the Cirebon Historical Tourism Area. This sampling technique used incidental sampling and purposive sampling. In this case, the samples taken are tourism stakeholders who live in the Cirebon Historical Tourism Area. In general, the historical tourism area of Cirebon has over tourism in a high position (3.61 on a scale of 1 – 5), with various indicators still pointing to possibilities for improvement. The stakeholders who must improve this condition are the management of seven of the nine indicators, and the local government must complete two of the nine indicators. It needs fast treatment to improve the quality of tourist attractions in the historical tourist area of Cirebon to improve the people's economy. It is hoped that in the future, further research can be carried out on the conditions in detail that cause over tourism in description and cause and effect.
Analisis Penerapan Green Marketing di Hotel Aruna Senggigi Resort & Convention
Authors: Gunawan Firsta Wity , I Gusti Agung Mas Krisna Komala Sari  , Lien Darlina
Published: May 2023

Dengan adanya isu-isu mengenai pemanasan global, dan kerusakan lingkungan perusahaan-perusahaan yang inovatif menjadikan green marketing sebagai cara untuk menarik minat konsumen dan publik sebagai strategi pemasaran. Selain sebagai strategi pemasaran perusahaan, konsep green marketing dapat dijadikan perusahaan dalam mendukung pariwisata berkelanjutan atau sustainable tourism, (Panungkelan et al., 2018:1179). Metode penelitian yang digunakan dalam penelitian ini adalah metode analisis deskriptif kualitatif. Data dari penelitian ini diperoleh dengan cara observasi dan wawancara, wawancara dilakukan kepada narasumber yang dianggap paham dan mengetahui lebih detail mengenai permasalah dari penelitian yang dilakukan, sehingga dapat mengumpulkan informasi untuk dilakukan proses reduksi data kemudian verifikasi data untuk dapat menarik kesimpulan mengenai permasalahan yang dibahas dalam penelitian ini. Dari hasil observasi dan wawancara menunjukan bahwa dari 4 (empat) indikator  (green poduct, green price, green place, green promotion) dan total 11 (sebelas) subindikator green marketing sudah diterapkan oleh Aruna Senggigi Resort & Convention dan masih ada beberapa kendala-kendala dalam penerapan green marketing. Hasil penelitian ini menunjukan bahwa dari 4 (empat) indikator  (green poduct, green price, green place, green promotion) dan total 11 (sebelas) subindikator green marketing sudah diterapkan oleh Aruna Senggigi Resort & Convention. Indikator yang belum diterapkan dengan optimal yaitu green price dengan dan green promotion. Subindikator yang belum diterapkan dengan baik oleh Hotel Aruna Senggigi Resort & Convention yaitu harga sebuah green product lebih mahal dibanding produk konvensional dan untuk subindikator green promotion yang belum diterapkan dengan optimal yaitu promosi dengan mengangkat isu lingkungan. Adapun kendala dalam penerapan green marketing di Hotel Aruna Senggigi Resort & Convention yaitu segmen pasar terbatas, harga yang relative tingg, dan ada beberapa keluhan konsumen mengenai refill air
Penerapan Green Office pada Food and Beverage Department dalam Peningkatan Kepedulian Lingkungan di Sheraton Bandung Hotel & Towers
Authors: Kusuma Ningrum Nur Fadlilah Maghfiroh
Published: May 2023

The tourism industry is one of the largest industries in the world, environmentally friendly tourism has now become the trend most in demand by world tourists.  The food and beverage department is closely related to the cleanliness and satisfaction of guests because it is responsible for food and beverages.  Green office is one of  the efforts of the food and beverage department in creating a clean, beautiful, comfortable work environment, as well as healthy and does not interfere with the surrounding environment. Using qualitative descriptive research methods, this study aims to find out how the application of green office in the food and beverage department and how it relates to efforts to increase environmental awareness.  Five indicators of the application of  the green office concept  used, namely, electricity savings, water savings and conservation, office waste management, greening, other effort. The result showed that in a score of 80% which shows that the application of the green office concept in the food and beverage department at Sheraton Bandung Hotel & Towers is quite implemented. The distribution of the level of implementation in accordance with the implementation indicators is electricity savings (75%), water savings and conservation (75%), office waste management (100%), greening (50%), other efforts (100%). With the implementation of green office, Sheraton Bandung Hotel & Towers can increase concern for the environment as evidenced by the decrease in electricity costs by 0.34% per year from before the implementation of the green office.
Hubungan Sosial Budaya dengan Kesiapan Masyarakat dalam Pengembangan Pariwisata
Authors: Nugraha Hamman Gefin , Uswatun Hasanah  , Nurlaila Abdullah Mashabi
Published: May 2023

Penelitian ini bertujuan untuk mengetahui Hubungan Sosial Budaya dengan Kesiapan Masyarakat mengenai Destinasi Wisata di Desa Wisata Edukasi Cisaat. Metode yang digunakan pada penelitian ini yaitu kuantitatif dengan pendekatan asosiatif. Penelitian ini juga menggunakan metode survey dalam pengumpulan data dengan pendekatan korelasional. Populasi pada penelitian ini adalah masyarakat Desa Wisata Edukasi Cisaat dengan jumlah 4.862 orang dengan menggunakan teknik sampel propotionate random sampling maka diperoleh 100 responden yang terbagi menjadi 6 dusun dan terdiri dari laki-laki dan perempuan. Teknik pengambilan data dalam penelitian ini menggunakan kuesioner (angket) sosial budaya dan kesiapan masyarakat. Uji normalitas yang digunakan yaitu Kormoglov-Smirnov dan uji hipotesis yang digunakan Pearson Product Moment serta uji signifikansi korelasi (uji-t). Hasil perhitungan nilai koefisien korelasi (r) menunjukan angka 0,394 berada pada hubungan yang positif, maka dapat disimpulkan bahwa semakin tinggi sosial budaya maka semakin tinggi juga kesiapan masyarakat. Selanjutnya hasil perhitungan signifikansi korelasi menunjukan thitung 4,24 dengan nilai ttabel 1,98, artinya nilai thitung > ttabel maka H0 ditolak atau terdapat korelasi antara sosial budaya dengan kesiapan masyarakat secara signifikan. Pengembangan Desa Wisata Edukasi Cisaat tidak terlepas dari peran masyarakat dalam menjaga dan mengelola potensi serta keutuhan yang dimiliki. Dalam hal tersebut, sosial budaya merupakan daya tarik dalam wisata yang perlu dilestarikan dan dikembangkan pada kehidupan sehari-hari. Kesiapan masyarakat yang dimiliki menjadi penentu keberhasilan dalam pengembandan Desa Wisata Edukasi Cisaat khususnya pada bidang sosial budaya.
The relationship between regional development, human development and poverty: A perspective from the Indonesian province
Authors: Machmud Senen , Sidharta Iwan
Published: May 2023

Purpose: This study investigates the relationship between human development, poverty and regional economic growth.  There is short-run and long-run equilibrium.

Design/Methodology/Approach: This research uses a quantitative approach with panel data from the Jambi Province National Bureau of Statistics for 2010-2022. Researchers used cointegration and Fully Modified Least Squares (FMOLS) panels to analyze research data.

Findings: The results of the study indicate that human development has a positive and significant effect on gross domestic product growth but   poverty has no effect on gross domestic product growth. The results of the coefficient calculation show a negative value indicating that an increase in gross domestic product growth can reduce poverty. Conclusion: The calculation results show the research model's short-run and long-run relationships. Each aspect of HDI has a significant effect on GRDP. Therefore, if there is an increase in HDI, it will cause an increase in GRDP.

Research Limitations and Implications: This study only uses human development and poverty variables. Future researchers should add variables that affect the region's economic growth such as unemployment, inflation, welfare, regional inequality and developing countries.

Practical Implications: The research results contribute to the recommendations of policymakers for the need to form a regional poverty reduction committee and develop regional poverty reduction strategies as the basis for mainstreaming poverty reduction, improving access and providing social service facilities such as education and health to reduce poverty and improve the welfare of Indonesian residents.

Contribution to Literature: This research can add to the literature on regional economic growth, human development   and poverty regarding macroeconomic studies' short-run and long-run equilibrium.
Numerical Study of Friction Behavior In Pneumatic Seal Cylinder
Authors:   Fakultas Teknik Mesin dan Dirgantara Institut Teknologi Bandung, Jl. Ganesha No. 10, Bandung 40132, Indonesia, Adil Nur Muhammad Malikul , Kariem Muhammad Agus ,   Fakultas Teknik Mesin dan Dirgantara Institut Teknologi Bandung, Jl. Ganesha No. 10, Bandung 40132, Indonesia
Published: May 2023

This study presented the development of numerical model to investigate the behavior of the friction force between piston seal and cylinder bore. Two-dimensional finite element model with constant velocity input was built. Numerical simulation showed the same trend as the experimental results from literature, with different of less than 5%. This comparison indicated that numerical model can be used for further simulation. At the end of the study, the friction force behavior for different stroke lengths were shown.
Prestanak radnog odnosa voljom zaposlenog
Authors: Antić Aleksandar
Published: May 2023

The grounds for termination of employment of the employee are the reasons why the employment of a specific person hired by the employer on the basis of an employment contract is terminated. They can be a product of the will of the employer (in a situation when the employee’s employment contract is terminated) objective circumstances (when the employment relationship is terminated by “force of law”), a consequence of the agreement between employer and employee and termination of employment contract by the employee. The agreement between the employee and the employer is a special basis for termination of employment, which contains a statement of two concurring wills. Such an agreement is concluded when it is signed, and it must specify the day of termination of employment, and provisions on the use of annual leave, payment of back wages, etc. can be found. Termination of the employment contract by the employee means that the employee can terminate the employment at any time, but the written notice of termination should be submitted to the employer at least 15 days in advance. In the legal system of the Republic of Serbia, there are no conditions that an employee must meet in order to be able to terminate an employment contract with an employer. The right to terminate an employment contract derives from the freedom to work.
Institucije za ostvarivanje i zaštitu prava na informacije od javnog značaja i zaštitu podataka o ličnosti
Authors: Kovačević Anika
Published: May 2023

In the paper the author analyzes the position and jurisdiction of the instrument of the Commissioner for information of public importance and personal data protection and the Protector of Citizens in the process of realization and protection of the right to access information of public importance and personal data protection. The Commissioner controls and improves the realization of the right to access information of public information by controlling public authorities, whereas the Protector of Citizens protects all the rights of citizens and controls the work of public authorities, authorities in charge of protection of property rights and interests of the Republic of Serbia, as well as other authorities and organizations, enterprises and institutions entrusted with enforcement of public authorities, and takes care of protection and improvement of human and minority rights and freedoms. In order to further upgrade and improve the system for the realization and protection of the right to information of public importance and personal data protection, as well as the system that is available and accessible to the citizens and in order to strenghten authority and effectiveness of said institutions, it is necessary to define similarities and differences, as well as advantages and disadvantages in the process of control that theses authorities enforce.
Zastupanje u srpskom srednjovekovnom rudarskom pravu
Authors: Katančević Andreja
Published: May 2023

the rule and tries to answer three principle questions: 1.What was the type of agency? 2.What were the contractual formalities of the agency contract? 3.What was the origin of the word „naručnik”, used in the Code to designate the agent? Applied methods are linguistic, historical and systemic interpretation of the Mining Code, Emperor Dušan’s Code and St Sava’s Nomocanon, as well as the comparative method. Results indicate that the agency was a direct one. The contractual formalities included a written instrument, solemnized or at least registered by public authorities. The term “naručnik” (naruçnik, нарȣчник, нароучник) was more likely a translation of the German word “besteller”, used in the meaning of “agent” in the mining codifications of Jihlava, Kutna Hora and Freiberg, than a development of the expression “poručnik” (пороучьникь), which could be found in St Sava’s Nomocanon. The city Statute of Dubrovnik did not regulate agency in a general manner. In all mentioned mining law codifications, there was a particular provision on the agency only in Ius regale montanorum of Kutna Hora and in the Despot Stefan’s Code. In the first case, it was a reception of Roman law (D.3.3.1.pr.). However, in the second, it was an indication of the need of the commerce and highly developed legal culture
Pravni okvir procesa zapošljavanja u državnoj upravi Srbije – novine i izazovi
Authors: Rabrenović Aleksandra
Published: May 2023

The paper analyses key provisions related to recruitment and selection in the Serbian civil service and challenges in their implementation. Civil service legislation in Serbia was adopted in 2005 and substantively revised in 2018, when the competency model was introduced in the process of recruitment and selection and merit- based selection significantly strengthened. Although the legal framework is generally solid, there are various challenges which have remained in its implementation, such as complex and lengthy selection procedures and insufficient effectiveness of standardized competency testing. Furthermore, although there is a general rule that the civil service is entered on the basis of the competition, there are also exceptions with regard to temporary employment to civil service posts, which is usually carried out without a competition procedure. Competitions (internal or external) for senior civil service positions are established by law as the only way of accessing the senior civil service, with the exception of acting senior civil servants, who can be appointed without a competition, and should serve for a limited period of time. In reality, there is an excessive number of “acting” senior managerial civil servants, as only one half of all senior managerial positions have been appointed on the basis of the competition. This anomaly has become a perennial problem in the Serbian civil service system and constitutes a clear example of the supremacy of the politics over the law.
Fiksni formalni ugovori – raskid po sili zakona
Authors: Stjepanović Bogdana , Radomirović Ivana
Published: May 2023

The issue of ex iure termination of fixed contracts becomes significant during the termination of fixed formal contracts. More precisely, this refers to bilateral contracts on real estate transactions which are made in the form of a notary public record or in the form of a notarized (solemnized) act. When concluding a contract for real estate transactions, if based on the entry in the records of concluded contracts, the notary determines that the same seller has already concluded a contract for the same real estate transactions, he is obliged to warn the contractors and to make this information visible in the contract in accordance with the rules which regulate the activity of notaries, and if the contracting parties oppose the introduction of a warning, the notary public is obliged to refuse to undertake the requested official action. Based on the positive legal regulation of termination of contracts in which the fulfillment of the deadline is an essential component of the contract, for the termination of the contract ex iure it is not necessary to meet any additional conditions, although in the records of legal transactions ex iure termination of the contracts is not legally recognized. The practical implication of introducing a warning that the seller has already concluded a real estate contract is contrary to the actual state of affairs, bearing in mind that such a contract would have ceased to exist by force of law. Furthermore, if the change of the situation in the register of concluded contracts would be conditioned by passing a determining judgment, such a judgment would risk losing its determining character, and thus the automatic termination of the contract in a specific case would be called into question. Therefore, the authors of this paper will try to address the above-mentioned issues from the aspect of the purposefulness of the rules on ex iure termination of fixed bilateral real estate contracts. Recognizing the protection of legal security and legal transactions as one of the main purposes of form in these contracts, and preventing multiple transactions of the same real estate and protection of interests of the contracting parties, the authors address the issue of preserving the purpose of form in these contracts in order to find de lege ferenda solutions.
Prav(n)a priroda akata visokog predstavnika za BiH – (u)pravna i(li) politička
Authors: Vlaški Bojan , Romić Marko
Published: May 2023

The institution of the High Representative in Bosnia and Herzegovina is established by Annex X of the General Framework Agreement for Peace in Bosnia and Herzegovina. This Annex sets out in detail the issue of status, competencies and objectives, which introduced the High Representative into the constitutional system of Bosnia and Herzegovina. From the primary function conceived by the Dayton Peace Agreement as coordinating, as well as the powers that created the “soft power” of the institution, these powers were over time realized and often accepted as decisive or even commanding in the legal life of Bosnia and Herzegovina. The overriding function of the civilian implementation of the Dayton Peace Agreement was lost in subsequent, “off-Dayton” extensions of the High Representative’s remit. The authors will present the basic institutional physiognomy of the High Representative, and seek to provide an overview of the (legal) nature of the High Representative’s mandate, and in particular the ways in which those powers have been extended and the consequences that this extension caused. During almost three decades of existence in the constitutional system of Bosnia and Herzegovina, the institution of the High Representative has made significant changes to the constitutional and legal regime, which often took on a political dimension. In this regard, the authors will try, within the limits of legal science, to present an overview of the acts of the High Representative, which this institution is authorized to pass according to Dayton, but also all other acts that it passed in the observed period. To date, not only in legal theory, but also in practice, the question of the (legal) nature of the acts of the High Representative, has been rightly raised and thus the possible control of these acts, first of all the constitutional one. Therefore, at this current moment, the authors will try to provide arguments for answering this question, without pretending to provide a final answer at the same time.
Algoritamska diskriminacija
Authors: Prlja Dragan , Gasmi Gordana , Korać Vanja
Published: May 2023

Algoritamska diskriminacija može nastati radom sistema veštačke inteligencije i u javnom i u privatnom sektoru. U javnom sektoru to su, primera radi, preporuke za odmeravanje kazni za krivična dela, donošenje odluka o penzijskim i socijalnim davanjima ili naknadama za nezaposlene itd. U privatnom sektoru to su odluke koje se donose u vezi sa zapošljavanjem, stanovanjem, odobravanjem kredita, reklamiranjem proizvoda itd. Postojeći pravni propisi o nediskriminaciji i zaštiti podataka, zaštiti potrošača i tome slično pružaju određene mogućnosti za borbu protiv algoritamske diskriminacije. Međutim, neophodno je da se postojeći propisi unaprede i da se donesu novi opšti i sektorski propisi, kojima će se regulisati upotreba sistema veštačke inteligencije zasnovanih na algoritamskom odlučivanju, na bezbedan način i uz visok nivo zaštite pojedinačnih prava i sloboda. Jedno od dobrih rešenja za otklanjanje algoritamske diskriminacije jeste da se pravnim propisima zahteva ispunjavanje određenih uslova i davanje sertifikata za sisteme veštačke inteligencije koji su visokorizični, odnosno koji mogu ugroziti ljudska prava i slobode, kao što je to predviđeno Predlogom uredbe EU o veštačkoj inteligenciji 2021. godine.
Transformacija primene koncepta kohabitacije u savremenom parlamentarnom sistemu (uporednopravna analiza na primeru Francuske i Crne Gore)
Authors: Savović Danilo , Savović Danica
Published: May 2023

Cohabitation is a specific relationship between different forms of government, in situations where certain state functions are performed by entities that are opposed in political, ideological, interest or some other line. At the same time, cohabitation is not the result of a coalition or similar agreement, but a consequence of the elections that “imposed” this form of cooperation. In other words, it is more a necessary form of collaboration than the desire of political actors to exercise power together. In modern political practice, the most common form of cohabitation takes place between the executive, which bases its legitimacy on the parliamentary majority it won in the elections, on the one hand, and the president, who is elected in direct elections by citizens. The subject of the analysis is the transformation of this legal institute, which takes on certain elements that were not present in the original concept, but its application in practice has led to certain changes. In this way, the scope, results and consequences of cohabitation in two different forms of parliamentarism are compared through comparative analysis: in Montenegro, whose organization of government can be called rationalized parliamentarism, and the Republic of France, where there is a special form of parliamentarism expressed through a semi-presidential system.
Sloboda udruživanja državnih službenika u domaćem i uporednom pravu
Authors: Bojić Filip
Published: May 2023

The author tries to point out the importance of freedom of association, as a basic collective right of employees. The paper pays special attention to the freedom of association of civil servants, as well as the conditions under which civil servants are organized in domestic law, in order to effectively exercise the right to collective negotiating, but also the right to collective action. Along with the analysis of the provisions of the Law on Civil Servants, the importance of domestic and international standards, which guarantee the right to association, is pointed out. Special attention is paid to the provisions of the current Special Collective Agreement for State Bodies, which regulate in more detail certain issues of importance for the activities of trade unions, which are not regulated by the Law on Civil Servants. Finally, by applying the comparative law research method, the author seeks to determine how the right to associate civil servants is regulated in the countries of the SFR Yugoslavia, as well as in some EU member states, with the aim of giving de lege ferenda proposals, so that this issue be regulated in more detail in the domestic legislation in relation to the valid legal solution from the Law on Civil Servants, where it is only determined that a civil servant has the right to be a member of a trade union and a professional association and their governing bodies.
Vrste odgovornosti za povredu žigom zaštićenih oznaka u virtuelnoj realnosti
Authors: Ćeranić Perišić Jelena
Published: May 2023

Due to the increased development of digital technology, a new form of social and economic exchange in Virtual Reality (VR) has been created. The users can socially interact with each other through their avatars. Development of VR technology brings a host of legal questions surrounding both the intellectual property of the actual technology as well as unlawful activity within the VR space itself. The use of trademarks in VR is a very complex issue. Any use of trademarks in VR by third party does not constitute an infringement. Depending on the facts of the case, a trademark owner may have potential causes of action against two separate defendants: the user of the platform or the platform itself. If the alleged infringer is a user of the platform and recreates a registrant’s trademark within the VR space of his own violation, the registrant would likely want to sue the user. The second option for plaintiffs is to sue the platform company itself under the theory of either primary or secondary liability. Primary liability will arise where the company itself decided to use trademark in the VR without permission, whereas secondary liability will arise where the company allows VR platform users to use someone else’s trademark, also without permission.
Elektronski nadzor zaposlenih – problem uspostavljanja ravnoteže između ovlašćenja poslodavaca i prava zaposlenih na privatnost
Authors: Misailović Jovana
Published: May 2023

The development of the internet and the emergence of modern technologies used at work in the modern age have made it harder to draw the line between the private and business life of an employee. This is especially challenging in the circumstances of the increasingly widespread flexibility of work, which allow work to be done outside the office, that is, remotely. In these circumstances, the employer’s authority to monitor the work of employees and their productivity at work can often encroach on the employee’s private sphere (by controlling the content used by employees at work, monitoring websites and communications with other employees and/or continuous video surveillance, not only in the office, but also by monitoring through cameras on lap-tops that employees use when working remotely. Consequently, national legislation are in need for establishment of adequate boundaries between employers’ authority to control the work of employees and employees’ right to privacy (in the workplace). In the paper, the author points out the positive and negative aspects of electronic monitoring of employees’ work and the necessity of adopting criteria in order to establish a balance between the interests of the employer and the employees right to privacy.
Profilisanje i automatizovano donošenje odluka od osiguravajućeg društva u svetlu zaštite podataka o ličnosti
Authors: Rajić Ćalić Jovana , Tošić Iva
Published: May 2023

Insurance companies collect personal data of their customers on a daily basis in their regular business, they are profiling their users and often make decisions in an automated way. Profiling is usually used in the insurance industry as a means of undertaking actions like setting premiums, uncovering possible fraud and planning marketing campaigns. For these reasons, the adoption of the General Data Protection Regulation and Law on Personal Data Protection of Serbia has a great impact on the insurance companies business, taking into account that those acts introduce mandatory notification when collecting data from data subjects. Namely, these acts introduced the obligation to inform data subject of the existence of automated decision- making, including profiling, as well as the obligation to provide the data subject with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing. The authors strive to address the impact of the General Data Protection Regulation, and above all Article 22, on profiling and automated decision-making by insurance companies, which is a regular activity within their business. According to this article data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. For these reasons, the authors will analyze the impact of this provision on the business of insurance companies.
Veštačka inteligencija u medijima
Authors: Vučković Jelena
Published: May 2023

The Fourth Industrial Revolution involves the use of new technologies that combine the digital and biological worlds artificial intelligence. Artificial intelligence also finds its use in the field of media and thus influences the shaping of social reality. Since its inception, the media has gone through a series of transformational processes and, following technological development, has multiplied its power. Artificial intelligence and automation are key drivers in the (r)evolution of the way news and other media content is produced, distributed and consumed. This raises questions of responsibility for the media content created, the role of the journalistic profession, as well as freedom of expression. The right of the public to complete, truthful and timely information should be preserved, along with all other human rights, while the role of the journalistic profession involves more than ever the responsibility to serve and answer to the public.
Prilаgođavanje radnog prava digitalnom dobu pravo radnika na isključivanje
Authors: Balnožan Kristina
Published: May 2023

Traditional work arrangements have changed as a consequence of the digital revolution, allowing employees in contemporary society to work whenever and wherever they want. Flexible work arrangements have several advantages for workers in the digital age, such as more flexibility, improved time management, and decreased travel costs. However, they have indeed increased working hours and blurred the lines between employees’ professional and personal lives. Working whenever and wherever is now completely feasible. This paper examines the essence of the right to disconnect, the way it is governed by important instruments of international (European) law, as well as the comparative systems in which it has already been recognized. To order to figure out whether the current legislative framework is enough to allow workers to exercise this right daily, it also refers to the Resolution’s most crucial clauses (2019/2181; European Parliament). Finally, the necessity, desirability, and potential approaches to incorporating the worker’s right to disconnect into domestic labor law legislation are taken into account.
Usmena rešenja u upravnom postupku
Authors: Davinić Marko
Published: May 2023

Oral decisions in administrative proceedings are an exception to the rules on their issuance in writing (electronic or paper document) and are devoid of any formality and mandatory parts. Clearly, their frequent adoption is not good from the legal certainty point of view, and it is conditioned by the existence of special circumstances. Thus, the Law on General Administrative Procedure stipulates that an oral decision is issued when urgent measures are taken in the public interest to ensure public order and peace, and public safety or to eliminate an immediate danger to the life or health of people or property. Similarly, the Law on Inspection Supervision stipulates that an inspector may impose measures by issuing an oral decision when he assesses that in that way the immediate danger to human life and health, property of greater value, environment, or flora or fauna is eliminated. The application of such provisions came to the fore during the coronavirus pandemic, in terms of the work of various inspections (eg. the Department of Border Sanitary Inspection imposed a measure of quarantine at home by an oral decision to travelers coming from countries with unfavorable epidemiological situation). This paper is dedicated to the analysis of such decisions and the situations in which they are made.
Predsednički sistem i prezidencijalizam u Evropi
Authors: Đorđević Miroslav
Published: May 2023

The presidential system of separation of powers is a legacy of the American constitutional tradition. In this country it has been successfully applied (in relative terms) since the adoption of the Constitution in 1787. Legal history however records numerous attempts at legal transplantation of this system, especially in Latin American and African countries, which in practice by rule ended up with distortion of the model – deviation characterized by the strong prevalence of the executive power. When it comes to Europe, there are only a few examples (attempts) to implement the presidential system of government. The Republic of Cyprus and the Republic of Turkey (since the 2017 constitutional amendments) are lone examples of its declarative application. However, the constitutional changes in Russia (2020), as well as in Belarus (2022), leave room for consideration and analysis of the position and (alleged) growing role of the President of the Republic on the European continent. The subject of this paper is therefore the analysis of the implementation of the presidential system in the mentioned countries, as well as the issue of the existence of tendencies of presidentialization, which are often discussed in the general and professional public.
Korišćenje genetskih podataka u pravu osiguranja
Authors: Glintić Mirjana
Published: May 2023

The decreasing costs of conducting genetic testing and obtaining genetic data once again put focus on their usage by insurance companies. In this regard, two issues are important from the perspective of insurance law. The first question is the extent of the obligation of the insured to report the information obtained during the genetic tests as part of his duty of disclosure. Another issue is the right of insurers to require future policyholders to undergo genetic testing, which may contribute to information asymmetry between policyholders and policyholders.Bothmatters lead to a broader issue, which must also be considered from the point of view of human rights, and that is whether insurance companies discriminate their policyholder by using this data. One inevitability characterizes insurance law, and that is the classification of the insured into different groups aaccording to the probability of realization of the insured risk. Depending on that classification, insurers make decisions about whether they want to conclude an insurance contract with a potential insured or not, how much coverage they will offer and how much premium they will claim. It is therefore clear that there may be discrepancies between what the insured considers fair and what is actuarially fair and justified to the insurer. Many US states and European countries have passed legislation banning genetic discrimination in insurance law. The paper will be dedicated to the analysis of their efficiency, as well as whether they take into account the nature of insurance and what consequences it has on access to health care.
Regulisanje uzbunjivanja u domaćem i pojedinim uporednopravnim sistemima
Authors: Midžović Milica
Published: May 2023

The author analyzes the legislation of institute of whistleblowing in certain comparative law systems, but also in legislation of the Republic of Serbia. The institute of whistleblowing itself, ie whistleblowers as persons who, in order to fight corruption, by reporting appropriate information, warns of cases of corruption, illegal business or abuse of power, is differently regulated in different legal systems. Bearing in mind that whistleblowing and protection of whistleblowers originates from the English-speaking area, where exists the greatest tradition in the normative regulation of this institute, the analysis of the legal management system, seems necessary. Especially since this institute is regulated in domestic law by following the example of the law of Great Britain. On the other hand, the institute of whistleblowing is also present in the countries of the European-continental system, e.g. German law, whose provisions and legal regulations can serve the goal of improving and more effectively applying whistleblowing in domestic practice. In the concluding remarks, the paper outlines potential directions for further improvement of this anti-corruption mechanism, whose practical use would encourage the labour social peace and the rule of law and legal state. Protecting whistleblowers from reprisals they might suffer for reporting illegal and harmful acts and events in the public interest is one of the most important things a state can do to fight corruption. The desired effect of protection is multiple. Since the fear of consequences is one of the most common reasons for not reporting corruption, by providing protection from harmful legal and factual moves of the other party, whistleblowers are encouraged to still share their knowledge with whoever can solve the problem. Protection is not an end in itself. It is a means for public institutions and private companies, state control bodies and the entire interested public to become aware of a danger and to engage the available resources to eliminate that danger. When it comes to corruption, at this level, the protection of whistleblowers serves to ensure that as many cases as possible are discovered and reported, and then effectively investigated. Knowing that this system works effectively not only has a positive effect on detecting cases of existing corruption, but also preventively.
Pravo na zaštitu zdravlja i bezbednosti na radu „kao” fundamentalni standard međunarodne organizacije rada
Authors: Petrović Mila
Published: May 2023

The division of workers’ rights into fundamental and less fundamental is questionable from the very beginning, since the question arises as to what are the parameters that make one right more important than other rights. When it comes to the ILO, that is, the fundamental standards of this Organization, it is difficult to dispute that this kind of division is, unfortunately, primarily the product of the division of rights into those rights that cost, i.e., that affect the price of labor and the competitiveness in the market, and those who do not possess such a feature. This is therefore, at the same time, the only logical reason why the right to protection of health and safety at work, since the right to health at work is at the same time an integral part of the right to life, until recently was characterized as the workers’ right of a lower rank than, for example, the right to collective bargaining. And precisely at the moment when the ILO had the opportunity to refute this thesis, when it recognized the status of a fundamental right to the right to “a safe and healthy working environment” in June 2022., it again managed to confirm it by limiting the scope that such a standard (as supposedly fundamental) has. In this way, not only does it seem that a certain kind of hierarchy has been introduced within the framework of basic, i.e., fundamental rights, that should be guaranteed to workers, but it also seems that further disrespect of the right to protection of health and safety at work is actually supported, and all this under a cloak of political and social responsibility of the ILO, i.e., the member states.
Na putu ka uslovnom otpuštanju u Republici Srbiji
Authors: Vujičić Nikola
Published: May 2023

Parole (conditional release) is a criminal law institute which, with various modalities, is generally accepted in most criminal law systems. Its penological component is strongly expressed and is reflected in the fact that it represents a “reward” for a convicted person who has good behavior during the execution of a prison sentence. Although the existence of this institute is not disputable, certain dilemmas still exist both in scientific discourse and in practice. After the introductory and theoretical aspects, and a review of modern directions of development of this institute in legislation and practice, the paper analyzes the laws governing this matter in Serbia, primarily from the aspect of criminal law and criminal enforcement law. Furthermore, the paper analyzes a document prepared by a joint working group, composed of representatives of courts, prosecutors’ offices, penitentiary institutions and scientists, which is a model that should be followed by a request for parole. The risk assessment of convicted persons is especially considered, since it represents the main barrier to the wider application of parole in practice. In the last part, there are proposals for improving the application of parole in practice
Organizacija ustavnog suda u Republici Srbiji, uz osvrt na regulisanje tog pitanja u Italiji i Švajcarskoj
Authors: Kijevčanin Ružica
Published: May 2023

With the appearance of the first written constitutions and the constitutionalization of basic human rights and freedoms, there is a need to introduce institutions that will ensure compliance with the prescribed rules and principles on which a society rests. The constitutional judiciary was created as a result of citizens’ aspiration to establish a hierarchy among legal acts and the desire to protect their basic rights and freedoms from the arbitrariness and oppression of the ruling classes. The constitutional judiciary in the Republic of Serbia is embodied in the Constitutional Court as an independent and independent state body that protects constitutionality and legality, as well as human and minority rights and freedoms. Evaluating the effectiveness and reputation of this body means primarily looking at its composition. The composition and selection of the people who are employed is a very important issue, because the personnel factor has the most dominant influence on the functioning and the achievement of the goals of a body. Thus, in the paper, the author will analyze the normative solutions that cause controversy and division of opinion in professional circles, and concern the number of judges of the Constitutional Court, the method of their selection, the determination of the necessary qualifications of candidates for election to the position of judge, the position of judges, and many other issues. In addition, the author will make a short comparative review of the organization of the constitutional judiciary in Italy and Switzerland. The author found inspiration for the analysis of the Constitutional Court in Italy in the similarity of organizational solutions, that is, in the fact that Italy served as a model for our constitution maker when regulating the composition of the Constitutional Court in the Republic of Serbia. Switzerland has regulated this issue differently, which is why it is interesting, because the analysis of the constitutional judiciary in this country could give rise to ideas for possible changes or additions to the existing solutions in our country.
Presude Evropskog suda za ljudska prava protiv Srbije i zabrana diskriminacije po osnovu invaliditeta
Authors: Ćorac Sanda
Published: May 2023

The subject of this paper is discrimination, which essentially means any unequal treatment or unjustified making of a distinction based on personal characteristics of a particular person or group of people. In the introduction, the paper firstly analyzes the structure and significance of the prohibition of discrimination guaranteed by Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and then specifically considers the practice of the European Court of Human Rights related to two (newer) selected judgments made following complaints against Serbia due to violation of the prohibition of discrimination based on disability.
Savremeni izazovi u krivičnom pravu Bosne i Hercegovine – očekivanja i stvarnost
Authors: Karović Sadmir
Published: May 2023

In this paper, we recognize and identify contemporary challenges, problems and dilemmas faced by the criminal justice system in terms of an effective and energetic fight against crime, especially in the part related to incrimination, i.e. the prescription of new criminal offenses as well as adequate legal responses, i.e. procedural solutions in connection with the detection and proof of criminal acts. The focus of interest is primarily the adequacy of the legal norm in the context of reform processes, then the tendency to humanize modern criminal law (protection of human rights and freedoms), the development of juvenile criminal law with a special focus on the protective attitude towards minors, high-tech/cybercrime as a scourge and challenge of modern age and organized crime and corruption. Complex social relations and processes in society, both at the domestic and national level, as well as at the regional and international level, condition the real and expedient need for a timely (re)action of the legislator regarding the prescription of adequate legal solutions. The essential question is how to ensure the compatibility of the effectiveness of the criminal procedure and the tendency to protect human rights and freedoms, which is manifested through the consistent realization of the catalog of rights and universal guarantees of the suspect or accused person in the criminal procedure.
Ugovor o radu na određeno vreme u uporednom i domaćem pravu
Authors: Kovačević Tijana
Published: May 2023

As a rule, employees make an indefinite-term employment contract, while a fixed-term employment contract is used as an exception, only in circumstances that justify it. However, due to the process od globalization and financial destabilization, a fixed-term employment contract has become the most widespread type of employment contract. On that note, not only is the standard contractual model being broken, but flexibilization is also being asserted along with it as a new means of fighting the unemployment. Namely, flexibilization in its definition implies a different employment outline and expansion of atypical contractual arrangements. Hence, the subject of this paper will be the analysis of fixed-term employment contract in comparative law, bearing in mind all the differences in national legal systems regarding the conditions of making the contract, the maximum number of successive contracts and the total duration of the contract. Aside from that, the paper will list the situations in which is allowed to make a fixed-term employment contract in domestic law, as well as the issue of time limitation of the contract.