4 Discipline and Military Justice in the Italian Army

2018 ◽  
pp. 80-98
Keyword(s):  
2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.


1997 ◽  
Author(s):  
NAVAL JUSTICE SCHOOL NEWPORT RI
Keyword(s):  

2020 ◽  
pp. 1-33
Author(s):  
Conor Donohue

Military justice as a body of law was subject to much criticism in the preceding decades before undergoing significant reforms to ensure that fair trial rights could be achieved. However, modern military justice systems are appropriate mechanisms for addressing law of armed conflict (LOAC) violations committed by service members. It is argued that the goals of military justice are consistent with LOAC, and that military justice has a valid legal basis to try violations. Such trials have a large body of precedent. The purported disadvantages of military trials are sufficiently mitigated to prevent cover-ups and unfair trials. Furthermore, military justice offers several benefits that cannot be achieved in a civilian or international forum. It is concluded that although military legal systems are imperfect, their role in the enforcement of international criminal law is worthy of further debate.


2008 ◽  
Vol 32 (4) ◽  
pp. 665-667
Author(s):  
jonathan lurie
Keyword(s):  

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.


2021 ◽  
Vol 10 (2) ◽  
pp. 7-18
Author(s):  
Liviu CORCIU ◽  
Ion GIURCĂ

In the middle of the campaign for Transylvania’s liberation, Consiliul Dirigent (the political structure designated to temporarily govern the province) of Sibiu had decided to support the efforts of the Romanian army and ordered the establishment of a Territorial General Commandment meant to begin recruitment in Transylvania, Banat and within the territories in Hungary inhabited by Romanians, in order to constitute some volunteers’ units. Out of their ranks, 6th and 7th Army Corps were established, recruited exclusively from Transylvanians regardless of their nationality. Based on 1st Decree passed by the Consiliul Dirigent of Sibiu, all the former Austro-Hungarian laws, ordinances, regulations and legal statutes issued prior to December 18th1918, when Transylvania was proclaimed independent of Budapest, were kept temporarily in force. Within this context, militaries of the divisions recruited from Transylvanian were subject to military jurisdiction under Austro-Hungarian Military Criminal Code of 1855, whereas Romanian militaries who were under the command of Transylvanian Headquarters were subject to the jurisdiction of Romanian laws, implicitly to the Code of military justice


Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 27-62
Author(s):  
Ihat Subihat

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.


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