On the Origins of Corruption: Irregular Incentives in Nigeria

1981 ◽  
Vol 19 (1) ◽  
pp. 173-182 ◽  
Author(s):  
Varda Eker

Corruption is a wide-spread phenomenon in the developing world. The term is usually reserved for ‘the practice of using the power of office for making private gain in breach of laws and regulations nominally in force’, or as more flamboyantly defined by M. McMullan, ‘a public official is corrupt if he accepts money…for doing something that he is under duty to do anyway, that he is under duty not to do, or to exercise a legitimate discretion for improper reasons’.1 Corruption is thus a description of activites emanating from and related to officialdom. Irregular activities among private individuals are a matter of private enterprise. They are not usually classified as corruption, but as straightforward theft, fraud, embezzlement, and the like.

1919 ◽  
Vol 6 (12) ◽  
pp. 551-563
Author(s):  
J. W. Evans

Another direction in which the work of the Survey could with advantage be extended is in the execution of deep borings on carefully thought-out schemes by which a maximum of information could be obtained. Both in Holland and Germany borings have been carried out to discover the nature of the older rocks beneath the Secondary and Tertiary strata, and Professor Watts, in his Presidental Address to the Geological Society in 1912 (Proc. Geol. Soc., pp. lxxx–xc), has dwelt on the importance of exploring systematically the region beneath the wide spread of the younger rocks that covers such a great extent of the East and South of England. Professor Boulton, my predecessor in this Chair, has endorsed this appeal, but nothing has been done or is apparently likely to be done in this direction. It seems extraordinary that no co-ordinated effort should have been made to ascertain the character and potentiality of this almost unknown land that lies close beneath our feet and is the continuation of the older rocks of the west and north to which we owe so much of our mineral wealth. It is true that borings have been put down by private enterprise, but, being directed only by the hope of private gain and by rival interests, they have been carried out on no settled plan, and the results and sometimes the very existence of the borings have been kept secret. The natural consequences of this procedure have been the maximum of expense and the minimum of useful information.


Acta Comitas ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Abdullah Dian Triwahyuni

The position of notary has been regulated in Act Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN-P). Even so, philosophical and technical notary obligations and responsibilities are not regulated in detail in these laws and regulations, leading to the absence of a barometer that becomes a standard for notary behavior, notary office administration system, and notary office governance that applies universally. This has caused in some instances negative views on the notary profession in the community. One of the negative views is because the morality of the notary is not in tune with ethical behavior in society. Negative views also arise due to the administration of notary office administration and the layout of the notary office that does not meet the aesthetic element. The situation made the notary public seem unprofessional in providing social services in his function as a public official. Then what should be the notary morality? How about a good notary office administration? How should the notary manage his office? The writing of this article uses normative research using a positive legal approach and a conceptual approach. Sources of legal materials used are primary legal materials and secondary legal materials. Legal materials were analyzed using descriptive techniques. The results of this study indicate that there are not yet detailed and universal rules regarding the obligations and responsibilities of notaries sociologically and technically in providing social services, but the values ??that live and develop in society can be used as benchmarks for notary behavior and administrative systems notary office and notary office governance.


2021 ◽  
Vol 4 (1) ◽  
pp. 213-244
Author(s):  
Yetniwati Yetniwati ◽  
Taufik Yahya ◽  
Diana Amir

A notary is a public official authorized to draw up and keep authentic deeds and other documents permitted by laws and regulations. Whenever a notary dies, or reaches retirement age, changes his/her domicile or profession, he/she shall submit his/her retired notary protocol to another notary appointed by the Regional Supervisory Council. The submission of notary protocol is regulated in Article 65 of the Law on Notary Positions, yet without legal protection. In some cases, court decisions are found to have imposed sanctions upon a notary who received the protocol despite the mistake of the notary protocol giver. This article encourages that the notary who receives the protocol be provided with legal protection, because he/she is only the party who receives the protocol made by another notary. The imposition of responsibility upon the notary protocol recipient  regarding the contents of the deed he/she keeps will only lead to injustice and legal uncertainty. Since no regulation has been provided concerning to such  matter, it is necessary to afford legal protection which comprises: the responsibility of the heirs of the notary (giver); the limitation of the responsibility of the protocol recipient; the limitation of protocol retention time; and the necessity of storing notary protocols in the form of microfilm. Nevertheless, the notary  protocol recipient shall also have limited protection, in the sense that he/she can be held accountable with respect to the obligation to keep the notary protocol he/she receives in proper ways. Abstrak Notaris adalah pejabat umum yang berwenang membuat dan menyimpan akta dalam bentuk akta otentik, serta dokumen lain yang diperbolehkan oleh perundang-undangan.  Setiap notaris yang meninggal dunia, mencapai usia pensiun, pindah domisili, atau pindah profesi, wajib menyerahkan protokol notarisnya kepada notaris lain yang ditunjuk oleh Majelis Pengawas Daerah. Pengaturan penyerahan protokol notaris diatur dalam Pasal 65 Undang-undang Jabatan Notaris, namun tidak dengan perlindungan hukumnya. Dalam beberapa kasus dijumpai putusan pengadilan yang memberikan sanksi kepada notaris penerima protokol sekalipun berkaitan dengan kesalahan notaris pemberi protokol. Artikel ini mendorong agar notaris penerima protokol mendapatkan perlindungan hukum, sebab ia hanya sebagai pihak yang menerima protokol yang dibuat oleh notaris lainnya. Pembebanan tanggung jawab kepada notaris penerima protokol terkait isi akta yang disimpannya justru akan menyebabkan ketidakadilan dan ketidakpastian hukum. Oleh karena sejauh ini belum ada pengaturannya, maka perlu diupayakan perlindungan hukum yang meliputi: tanggung jawab ahli waris notaris (pemberi); batasan tanggung jawab penerima protokol; batasan waktu penyimpanan protokol; dan keharusan penyimpanan protokol notaris dalam bentuk mikrofilm. Meski demikian, notaris penerima protokol tentu harus pula dibatasi perlindungannya, dalam artian dapat dimintai pertanggungjawabannya, yaitu dalam hal keharusannya menyimpan protokol notaris yang diterimanya secara patut.


2021 ◽  
Vol 1 (1) ◽  
pp. 25
Author(s):  
Christiana Sri Murni

The Land Deed Official (PPAT) is a public official granted the authority to make deeds of transfer of land rights, assignment of land rights, and authorization to impose mortgage rights according to the prevailing laws and regulations. However, the question arises about how significant the role of PPAT is in transferring the sale and purchase of land rights, considering the laws and regulations governing land sale and purchase are potentially irrelevant to the current situation. This study aims to analyze the role of PPAT in transferring the sale and purchase of land rights. This type of research is normative juridical research; by using a statutory approach and a conceptual approach. This study uses primary and secondary legal materials. Then, it is described and analyzed to answer the problem to clarify the role of PPAT. The study's results reveal that the process of transferring land rights can be carried out using customary law with three options, namely adol plas, adol gadai, and adol tahunan. Then, from the national law's perspective, land rights commerce must meet the material requirements and formal requirements. PPAT has an essential role in registering land data, namely by making evidence of legal actions regarding land plots. The PPAT position has a strategic role in making authentic deeds a requirement in transferring land rights due to sale and purchase. KEYWORDS: PPAT, Deed of Sale and Purchase, Transfer of Rights.


Author(s):  
Susan E. Whyman

Chapter 5 shows the opportunities and limits of participating in Birmingham’s government. A lively print culture and competing newspapers led to high levels of engagement. Since Birmingham had no corporation, volunteers, including rough diamonds, were able to grasp power. In this fluid unregulated moment, they kept order and promoted trade. We see how Hutton became a public official, served on key committees, and led reform, whilst provoking those with whom he served. He was motivated by a deep desire to improve Birmingham, as well as by self-interest. Publication of An History of Birmingham (1781) added to his stature. A comparison of images in its second and third editions gives visual proof of how private enterprise improved the town


Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 79-94
Author(s):  
Chandra Kurniawan Setyabudi

A Notary is a public official who in the case of his appointment and dismissal is carried out by the Minister of Law and Human Rights. The implementation of the duties of notary positions is based on Reglement op Het Notary Ambt in Indonesia / Regulation of the Notary Department in Indonesia (Staatsblad 1860 Number 3 the year 1860) as amended by Law No. 30 of 1860 2004 on Notary Department and as amended back to Law No. 2 of 2014 on Changes to Law No. 30/2004 on Notary Departments (thus called Notary Department Law or UUJN). UUJN makes a Notary authorized to make an authentic deed and other authorities as referred to in the Law. The obligation of a Notary in carrying out his duties and authority can be seen in the provisions of Article 16 of UUJN. The notary shall recite the deed that has been presented before the protesters by attending by at least 2 (two) witnesses or 4 (four) witnesses, and specifically in the case of the making of a will deed made underhand and then signed at the same time by the intercepts, witnesses and notaries, stipulated in Article 16 paragraph (1) letter m UUJN. The implementation of such obligations in the author's research process turns out that several Notaries do not carry out the obligation to read the deed. Notary in carrying out the duties and authority of its office is bound by the prevailing Laws and Regulations, namely the Law of the Notary Department and the Notary Code of Conduct. The approach method used in this study is a normative juridical approach. The data used is secondary data and primary data as a complement to secondary data. The results of the research and discussion of this research is the responsibility imposed on the Notary when he does not perform the reading of the deed that he has made before the intercepters and witnesses i.e. in terms of civility, the intercepter who feels materially harmed because of the mistakes made by the Notary to the material truth of the deed he made can seek damages for the deed made by the Notary concerned. The implication of not doing the reading of the deed by a notary can result in the evidentiary power of the deed which should be an authentic deed that has the power of perfect proof precisely resulting in the strength of its proof becoming underhand. The provisions of the reading of the deed referred to in the UUJN according to the author are also in the obligation to carry out the duties of the office as stipulated in the Amendment of the Notarial Code of Conduct of the Notary Association of Indonesia in Article 3 paragraph (15). The application of sanctions to the Notary may be Reprimand, Warning, Schorsing (temporary dismissal) of the Membership of the Association, Onzetting (dismissal) of the Membership of the Association, and disrespectful dismissal of the membership of the Association. The lifting of these sanctions is adjusted to the quality and quality of the violations committed by the member. Keywords: Responsibility, Notary, Notary Code of Conduct, Deed


2015 ◽  
Vol 29 (3) ◽  
pp. 121-140 ◽  
Author(s):  
Mary Hallward-Driemeier ◽  
Lant Pritchett

What happens in the developing world when stringent regulations characterizing the investment climate meet weak government willingness or capability to enforce those regulations? How is business actually done? The Doing Business project surveys experts concerning the legally required time and costs of regulatory compliance for various aspects of private enterprise—starting a firm, dealing with construction permits, trading across borders, paying taxes, getting credit, enforcing contracts, and so on—around the world. The World Bank's firm-level Enterprise Surveys around the world ask managers at a wide array of firms about their business, including questions about how long it took to go through various processes like obtaining an operating license or a construction permit, or bringing in imports. This paper compares the results of three broadly comparable indicators from the Doing Business and Enterprise Surveys. Overall, we find that the estimate of legally required time for firms to complete a certain legal and regulatory process provided by the Doing Business survey does not summarize even modestly well the experience of firms as reported by the Enterprise Surveys. When strict de jure regulation and high rates of taxation meet weak governmental capabilities for implementation and enforcement, we argue that researchers and policymakers should stop thinking about regulations as creating “rules” to be followed, but rather as creating a space in which “deals” of various kinds are possible.


1964 ◽  
Vol 68 (644) ◽  
pp. 559-559
Author(s):  
W. J. Maan

In every country where agricultural aviation is done as a private enterprise, some system of rules and regulations is sure to exist and the International Agricultural Aviation Centre has collected data on this subject.To imagine, however, that a system of regulations, ideally suited to all cases, could be drawn up on a basis of these national rules is an illusion. Every country—and this holds true for many spheres—is blessed or cursed with the laws it deserves. For all these systems of laws and regulations are determined partly by internal and partly by external factors. Let us compare two countries. One is densely populated with intensive agriculture, the other sparsely populated with extensive agriculture. It is obvious that the first country will have a more comprehensive system of regulations in regard to agricultural aviation than the second country. The denser population necessitates a higher grade of protection against the dangers from both the aircraft themselves and the drift of toxic chemicals. Quality agriculture demands quality work from the aerial applicator.


Author(s):  
J. Temple Black

Since its introduction by Fernandez-Moran, the diamond knife has gained wide spread usage as a common material for cutting of thin sections of biological and metallic materials into thin films for examination in the transmission electron microscope. With the development of high voltage E.M. and scanning transmission E.M., microtomy applications will become increasingly important in the preparation of specimens. For those who can afford it, the diamond knife will thus continue to be an important tool to accomplish this effort until a cheaper but equally strong and sharp tool is found to replace the diamond, glass not withstanding.In Figs. 1 thru 3, a first attempt was made to examine the edge of a used (β=45°) diamond knife by means of the scanning electron microscope. Because diamond is conductive, first examination was tried without any coating of the diamond. However, the contamination at the edge caused severe charging during imaging. Next, a thin layer of carbon was deposited but charging was still extensive at high magnification - high voltage settings. Finally, the knife was given a light coating of gold-palladium which eliminated the charging and allowed high magnification micrographs to be made with reasonable resolution.


Author(s):  
E. Knapek ◽  
H. Formanek ◽  
G. Lefranc ◽  
I. Dietrich

A few years ago results on cryoprotection of L-valine were reported, where the values of the critical fluence De i.e, the electron exposure which decreases the intensity of the diffraction reflections by a factor e, amounted to the order of 2000 + 1000 e/nm2. In the meantime a discrepancy arose, since several groups published De values between 100 e/nm2 and 1200 e/nm2 /1 - 4/. This disagreement and particularly the wide spread of the results induced us to investigate more thoroughly the behaviour of organic crystals at very low temperatures during electron irradiation.For this purpose large L-valine crystals with homogenuous thickness were deposited on holey carbon films, thin carbon films or Au-coated holey carbon films. These specimens were cooled down to nearly liquid helium temperature in an electron microscope with a superconducting lens system and irradiated with 200 keU-electrons. The progress of radiation damage under different preparation conditions has been observed with series of electron diffraction patterns and direct images of extinction contours.


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