10. Competition Act 1998 and the cartel offence: public enforcement and procedure

2021 ◽  
pp. 409-472
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Criminal Law ◽  
Public Enforcement ◽  
To Receive ◽  
The Way

This chapter describes the system of public enforcement under the Competition Act 1998. This chapter begins with a consideration of the way in which inquiries and investigations are carried out under the Competition Act. It briefly considers the position of complainants to the CMA, followed by a discussion of the extent to which it may be possible to receive guidance from the CMA on the application of the Act. The chapter then describes the powers of the CMA to enforce the Competition Act, the criminal law cartel offence and the provisions on company director disqualification. It concludes with a discussion of concurrency, appeals under the Competition Act and the Government’s review of the operation of the Competition Act between 2014 and 2019.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

scholarly journals Apprenticeship in New Zealand : its development, present organization and administration

2021 ◽  
Author(s):  
◽  
Richard Vaughan Kriby
Keyword(s):  
New Zealand ◽  
Organization And Administration ◽  
Boer War ◽  
Machine Age ◽  
The Village ◽  
To Receive ◽  
Made In ◽  
The Ideal ◽  
The Way

"Lumen Accipe et Imperti ", says the motto of Wellington College; and, in becoming a teacher, after being a pupil of the College, I fully accepted the injunction to receive the light and impart it. But it took the preparation of this thesis on the apprenticeship system to bring home to me the<br>strength of the human impulse implied in those four<br>Latin words.<br>In the ideal, the impulse is personified in Oliver Goldsmith's description of the village schoolmaster who "...tried each art, reproved each dull delay; Allur'd to brighter worlds, and led the way."<br><div>It is this impulse to seek skills and to hand them on which helps to explain the enigma of a system apparently always on the point of being out-moded, and yet surviving time and change, depression and prosperity, wars and its greatest challenge, the machine age.</div><div>In 1898 - before the Boer War - a Member of the New Zealand Parliament announced that a pair of boots had been made in 25 minutes, passing through 53 different machines and 63 pairs of hands. The tone of the brief, ensuing discussion was one suited to the occasion of an imminent demise, and a Bill for improvement of the apprenticeship system then before the House quietly expired.<br><br></div>

scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

scholarly journals State activity and legal credo of Mykola Skrypnyk.

2021 ◽  
pp. 131-142
Author(s):  
Iryna Muzyka
Keyword(s):  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
National Development ◽  
Point Of View ◽  
Practical Implementation ◽  
Legal Development ◽  
Socialist State ◽  
State Activity ◽  
The Way

Peculiarities of M. Skrypnyk's theoretical and ideological substantiation of national, judicial and criminal-legal policy in his concept of state-legal development of Soviet Ukraine are investigated. Coverage of the peculiarities of the ideological platform and legal credo of M. Skrypnik in the aspect of the anthropology of law is important for characterizing his state activity as one of the main theorists of the concept of «Ukrainian path to communism». From the point of view of anthropology, convincing explanations of M. Skrypnyk's various positions and steps in the sphere of state and party policy should be sought in his ideological and psychological sphere. At the same time, in our opinion, maneuvering in the ideological substantiation of M. Skrypnyk's practical activity is explained by his utilitarian attitude to ideology as an effective propaganda means of achieving goals in state-building. In our opinion, M. Skrypnyk considered the ultimate goal of the process of socialist construction not to be the development of a "communist oasis of the Ukrainian model," but the creation of a workers 'and peasants' statehood as a single labor society based on internationalism and communist ownership. M. Skrypnyk saw the national liberation and development of the culture of amateur broad masses of workers and peasants in the process of national development, which he considered a stage in the process of socialist construction, as a transitional stage on the way to this goal. An important argument in the search for explanations of the theoretical foundations and ways of practical implementation of state and national policy of M. Skrypnyk is his vision of the nature and objectives of judicial and criminal policy. M. Skrypnyk emphasized that Soviet criminal law has a public, social, anti-individualistic character, as opposed to bourgeois criminal law, built on the principles of individualism inherent in bourgeois society. On the way to achieving this goal in the mind of M. Skrypnyk, in line with the then understanding of state and legal phenomena and processes, there was a transfer of priorities from the rights and interests of the individual to the collective interests - declaratively to the interests of the proletariat. Man was not seen by him as the highest value and "measure of all things." Priority was given to other values: the "world revolution and the dictatorship of the proletariat," the elimination of the class division of society, and the defense and construction of the socialist state. According to the content of the concept of state and legal development of the USSR, M. Skrypnyk can really be considered one of the main theorists of the "Ukrainian path to socialism." However, the very concept of the future socialist state, set out in its creative heritage, does not seem to be a theory of Ukrainian national communism, as characterized by some researchers, and awaits a deeper study by historians of law.

The Inspection and Correction of “Reification” Criminal Law— A Case Analysis Based on Tobacco-Involved Crimes

2021 ◽  
Vol 7 (6) ◽  
pp. 5541-5553
Author(s):  
Chen Cheng
Keyword(s):  
Criminal Law ◽  
Case Analysis ◽  
Legal Order ◽  
Criminal Cases ◽  
Crime And Punishment ◽  
Security Governance ◽  
Business Operation ◽  
Cross Border ◽  
The Cross ◽  
The Way

Superficially, the control of trafficking of counterfeit cigarettes in the name of illegal business operation goes against the spirit of modest and restraint, as well as the doctrine, of the Criminal Law; substantially, however, it is the realistic portrayal of the cross-border governing of market misconduct with “reification” criminal law. In recent years, modern criminal law has opened the way to a transformation of functionalism upon the demand for security governance derived from risks to society. It has gone from being a passive night watchman to being a positive leader and pusher, highlighting the trend of “reification” of functionalism-oriented criminal law. The reification not only weakens the contractual value of crime and punishment but also causes dysfunction of the integral legal order. In this regard, while affirming the legitimacy of the functionalism transformation of criminal law, this paper corrects the trend of "reification" of functionalism-oriented criminal law by declaring the modest value of classical humanity-oriented criminal law, and promotes its return to the modest value of "humanity-oriented" criminal law. Based on the principle of unity of legal order, this paper proposes to build a two-tier judgment model consisting of "general violation" and "punishable violation" in an attempt to provide intellectual support for the processing of criminal cases involving tobacco.

Prosecutors and their Legislatures, Legislatures and their Prosecutors

2021 ◽  
pp. 326-350
Author(s):  
Russell M. Gold
Keyword(s):  
Criminal Law ◽  
Separation Of Powers ◽  
State Level ◽  
Criminal Procedure ◽  
The State ◽  
Institutional Incentives ◽  
Fiscal Pressure ◽  
Meaningful Data ◽  
The Way

This chapter explores the often-pathological relationship between prosecutors and legislatures and considers fiscal pressure as an important antidote to the pathology. Institutional incentives between prosecutors and legislatures align in a way quite different than the classic separation of powers story. Rather, legislatures are well served to empower prosecutors as much as possible by making criminal law broad and deep. And with respect to substantive criminal law, prosecutors have been enormously empowered. Prosecutors are not merely passive recipients of such power but indeed actively lobby for it—often quite successfully. But fiscal pressures can provide a cross-cutting pressure for legislatures, particularly at the state level where many governments must balance their budgets. Thus, sentencing law sometimes finds legislatures refusing prosecutors’ requests for ever longer or mandatory minimum sentences because longer sentences are expensive; this is especially true where sentencing commissions provide legislatures with meaningful data on costs of particular proposals. Criminal procedure has recently found progressive prosecutors leading the way toward defendant-friendly reforms such as using unaffordable money bail less frequently and providing defendants with more discovery than is required by law. In these spaces, county prosecutors have provided laboratories of experimentation that led the way toward broader statewide reforms.

Privacy and Banking in Australia

2009 ◽  
pp. 161-174
Author(s):  
Supriya Singh
Keyword(s):  
Qualitative Study ◽  
Personal Information ◽  
Life Stages ◽  
Privacy Rights ◽  
Personalized Services ◽  
Rights Management ◽  
To Receive ◽  
Privacy Issues ◽  
The Way

Enabling customers to influence the way they are represented in the bank’s databases, is one of the major personalization, responsiveness, and privacy issues of banking. In this chapter we draw on the results from a qualitative study of the ways in which Australians think of privacy, security, and money. We find that changes in life stages, residence, and relationships motivate people to share additional personal information with their bank, in order to receive personalized services. The chapter proposes ways in which privacy rights management can help customers better represent themselves in a flexible manner, reflecting the changes in their lives.

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

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