scholarly journals Larangan Ultra Vires (Exces De Pouvoir) dalam Tindakan Pemerintahan (Studi Komparasi Konsep antara Sistem Hukum Anglo Saxon dan Sistem Hukum Kontinental)

2020 ◽  
Vol 3 (2) ◽  
pp. 260-271
Author(s):  
Sri Nurhari Susanto
Keyword(s):  
Legal System ◽  
Government Agency ◽  
Government Agencies ◽  
Personal Goal ◽  
Anglo Saxon ◽  
Abuse Of Power ◽  
Law System ◽  
The Public ◽  
Form Of Government ◽  
Agency Action

This research aims to determine the use of authority by government agencies is legality. Specifically, to find out more about the prohibition of Ultra Vires (Exces De Pouvoir) in Government Actions (Comparative Study of Concepts between the Anglo Saxon Law System and the Continental Legal System). The results of the study indicate that First, the form of government agency action prohibition in the form of excès de pouvoir (ultra vires), both in the Anglo Saxon legal system (Britain, USA, Australia, etc.) and Continental especially France includes also the prohibition of abuse of authority (abuse of power, detournement de pouvoir). Second, the Prohibition of abuse of authority (detournement de pouvoir) in France has been developed into 3 (three) variants, namely the Administrative Agency has the purpose / aims to achieve goals that are entirely other than the public interest, and as a personal goal. Keywords: Prohibition of Ultra Vires, Government Actions, Legal System. Abstrak Penelitian inimbertujuan untuk mengetahui Larangan Ultra Vires (Exces De Pouvoir)  dalam Tindakan Pemerintahan (Studi Komparasi Konsep  Antara Sistem Hukum Anglo Saxon Dan Sistem Hukum Kontinental). Hasil penelitian menjukan bahwa Pertama, Bentuk larangan tindakan badan pemerintah yang berupa excès de pouvoir  (ultra vires), baik dalam sistem hukum Anglo Saxon (Inggris, USA, Australia, dll)  maupun Kontinental khususnya Prancis meliputi juga larangan penyalahgunaan wewenang (abuse of power, detournement de pouvoir). Kedua, Larangan penyalahgunaan wewenang (detournement de pouvoir) di Prancis telah dikembangkan ke dalam 3 (tiga) varian, yaitu Badan Administrasi memiliki tujuan/bertujuan untuk mencapai tujuan yang sepenuhnya selain bagi kepentingan umum, dan sebagai tujuan pribadi. Kata Kunci: Larangan Ultra Vires, Tindakan Pemerintahan, Sistem Hukum.

scholarly journals PERBANDINGAN PELAKSANAAN EUTHANASIA DI NEGARA YANG MENGANUT SISTEM HUKUM EROPA KONTINENTAL DAN SISTEM HUKUM ANGLO SAXON

2017 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Muh. Amiruddin
Keyword(s):  
Legal System ◽  
Criminal Code ◽  
Court Decision ◽  
Anglo Saxon ◽  
Law System

The country that adheres to the continental european legal system of Indonesia that regulate euthanasia is contained in the provisions of Article 344 of the Criminal Code while Netherlands The provisions are contained in the code penal section 40 and Article 293 of the Dutch Criminal. Code anglo saxon like USA hardness of euthanasia. this is based on a court decision in USA that rejects the application of euthanasia as a jurisprudence. Indonesia does not Regulate clearly about the enactment of euthanasia. Netherlands legalize Euthanasia, while State with Anglo Saxon Law system, does not legalize EuthanasiaKeywords: Euthanasia, Continental European Legal System, Anglo Saxon Legal System Negara yang menganut sistem hukum eropa kontinental yaitu Indonesia yang mengatur tentang Euthanasia yaitu termuat dalam ketentuan pasal 344 KUHP sementara di Belanda ketentuan ini dimuat dalam code penal section 40 dan pasal 293 KUHP Belanda. Sistem hukum Anglo saxon seperti Amerika Serikat melarang keras adanya euthanasia. hal ini didasarkan adanya putusan pengadilan di Amerika Serikat yang menolak penerapan euthanasia sebagai sebuah yurisprudensi. Indonesia tidak Mengatur secara jelas tentang pemberlakuan euthanasia. Belanda melegalkan Euthanasia, sedangkan negara dengan sistem Hukum Anglo Saxon tidak melegalkan EuthanasiaKata Kunci: Euthanasia, Sistem Hukum Eropa Kontinental, Sistem Hukum Anglo Saxon

scholarly journals COMPENSATION OF MORAL DAMAGE IN RUSSIA AND THE ANGLO-SAXON LEGAL SYSTEM COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 1296-1300
Author(s):  
Yuliya V. Boltenkova ◽  
Vladimir S. Sinenko ◽  
Anastasia V. Abramova ◽  
Ludmila N. Menyailo ◽  
Aleksey Yu. Gordeev
Keyword(s):  
Legal System ◽  
Anglo Saxon ◽  
Education Students ◽  
Synthesis System ◽  
Scientific Methods ◽  
Law System ◽  
Analysis And Synthesis ◽  
The Usa ◽  
Moral Damage ◽  
General Scientific

Purpose: The article analyzes the concepts used in the institute of compensation for moral damage in Russia and the countries of the Anglo-Saxon law system. Methodology: Various general scientific methods and the methods of logical cognition are used in the work: analysis and synthesis, system-ic, functional and formal-logical approaches. The development of conclusions was facilitated by the application of formal-legal and comparative-legal methods. Result: The article reveals the grounds for compensation for moral damage in Russia, England, and the USA. The author refers to the similarities and differences of the institute of compensation for moral damage in these countries. The conclusion about the need for unification of the institution in various legal systems. Applications: This research can be used for the universities, teachers and education students. Novelty/Originality: In this research, the model of the compensation of moral damage in Russia and the Anglo-Saxon legal system countries is presented in a comprehensive and complete manner.

The Politics of Legal Reform in Palestine

1997 ◽  
Vol 27 (1) ◽  
pp. 51-60 ◽  
Author(s):  
Glenn E. Robinson
Keyword(s):  
Decision Making ◽  
Legal System ◽  
West Bank ◽  
Common Law ◽  
Legal Reform ◽  
Legal Systems ◽  
Anglo Saxon ◽  
The West ◽  
Law System ◽  
West Bank And Gaza

After briefly reviewing the legal systems in the West Bank and Gaza from 1948 until the Oslo agreements, the author examines the major obstacles to creating a viable legal system in Palestine. These are the difficulties in unifying two distinct legal systems-the continental, Jordanian system in the West Bank, and the Anglo-Saxon, common law system in Gaza-and the blurred lines of authority. The author argues that the Palestinian legal sector, where decision making has been characterized by uncertainty, diktat, and personalism, can be seen as a microcosm of PA politics. In both the legal sector and in general, the PA has created a "politics of antithesis" to consolidate its own power.

scholarly journals AXIOLOGICAL ASPECTS OF THE FINANCIAL LAW SYSTEM

2020 ◽  
Vol 24 (1) ◽  
pp. 82-97
Author(s):  
Imeda A. Tsindeliani
Keyword(s):  
Public Finance ◽  
Public Relations ◽  
Legal System ◽  
Scientific Discipline ◽  
The State ◽  
Point Of View ◽  
Law System ◽  
The Public ◽  
The Relationship ◽  
Regulatory Properties

Legal axiology, as a scientific discipline, allows us to consider both the legal system of the State as a whole, and its individual elements from the point of view of the value foundations that exist in society and in each individual. The consideration of the elements of the State's legal system through value categories allows us to determine the relationship and interdependence of all elements of the legal system. It is especially necessary to note the influence of value categories on the formation of a system of the separate branches of the law, including the financial law of Russia. Value categories have an influence not only on the formation of the elements of the financial law system, but also predetermine their interaction as legal means of regulation of the public finances. The elements of the financial law system, as a branch of law, are the principles of the financial law, the rules of the financial law, and their separate forms of grouping - institutions and sub-sectors of the financial law. The principles of the financial law are the direct legal regulators of public relations in the field of public finance by their nature. Possessing regulatory properties, the principles of the financial law shouldn’t be identified with the rules of the financial law, since they are independent legal means of the regulation. The principles of the financial law, on the basis of their regulatory properties, should be considered as elements of a system of the financial law.

scholarly journals How Government Agencies React to Termination Threats

2019 ◽  
Vol 30 (2) ◽  
pp. 324-338 ◽  
Author(s):  
Jostein Askim ◽  
Jens Blom-Hansen ◽  
Kurt Houlberg ◽  
Søren Serritzlew
Keyword(s):  
Public Sector ◽  
Local Government ◽  
Government Agency ◽  
Government Agencies ◽  
The Public ◽  
Government Organizations ◽  
Long Life

Abstract Much research following Kaufman’s classic study Are Government Organizations Immortal? has investigated the claim that government agencies enjoy great security and long life. Less attention has been paid to Kaufman’s thesis that government agencies facing a termination threat have strong incentives to react. In a study of the on-going Norwegian local government amalgamation reform, we demonstrate that this type of government agency reacts by hoarding (i.e., a last-minute flurry of spending) when faced with a termination threat. This finding shows that agencies facing termination threats are active players in the termination game. We discuss implications for research on agency termination and design implications for reformers of the public sector.

scholarly journals PERLINDUNGAN PEMILIK MEREK PERTAMA PADA SISTEM KONSTITUTIF

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Arfi Dyah Chatarina
Keyword(s):  
System Theory ◽  
Research Methods ◽  
Legal System ◽  
Legal Protection ◽  
Geographical Indications ◽  
Registration System ◽  
Law System ◽  
The Public ◽  
Criminal Charges ◽  
The Law

<p>With a brand, the company that produces the goods will be easily recognized. When the brand is already known by the public, will raise the reputation of the brand of the product so that in the event of violations, such as piracy or imitation famous brand are harmed is the first legitimate brand owners. Based on the permaslaah, then this article will be discussed about the protection of brand owners in the legal system of the first brand in Indonesia. Based on the background of the above can be identified several problems that include (1) the protection of brands based on the works of the law, system theory (2) system registration brand in Indonesia from time to time in accordance with the act of the brand that once existed in the Indonesia, (3) the protection of the law on the registration of the first brand owner brand with constitutive system, (4) a system of registration of the trademark in other countries. To address these problems, the authors use the juridical normative research methods. The system of registration, a brand under law 20/2016 about brands and geographical indications has a first to file. Legal protection of trademark owners first can be divided into two, namely the preventive legal protection that is made through registration of the brand and the repressive nature of legal protection that is done in case of violation of the brand through lawsuits or criminal charges. In addition, the act 20/2016 about brands and geographical indications as well arrange regarding the protection of brand owners first through temporary assignment court to protect its brand in order to prevent a greater harm. System registration brand in Malaysia with the same registration system brand in Indonesia. The two countries adhere to the basic constitutive system with first to file, i.e. the first applicant is a legitimate brand owners and obtained exclusive rights over its brand.</p>

scholarly journals Service Quality and Client’s Satisfaction: A Case Study among Employees at a Government Agency in Kota Samarahan towards Counter Services in Urban Transformation Centre (UTC) Kuching

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Leviana Andrew ◽  
Siti Fatimah Abdul Latiff ◽  
Haniz Izyan Izzati Ali
Keyword(s):  
Service Quality ◽  
Government Agency ◽  
Urban Transformation ◽  
Government Agencies ◽  
Positive Correlation ◽  
The Public ◽  
Five Elements ◽  
Quality Dimensions ◽  
Service Quality Dimensions ◽  
The Government

The study of service quality and clients’ satisfaction has been used by organisations to deliver better services to their clients. While many studies have been done on this topic from the perspective of the public towards the government service, there were few emphases from the perspective of the government servants (G2G) towards the government services offered by other government agencies. This study aimed to investigate the relationship between service quality and clients’ satisfaction among employees at a government agency towards counter services at Urban Transformation Centre (UTC) Kuching, Sarawak. The study includes all five elements of Service Quality Dimensions (SERVQUAL) which were Tangible, Reliability, Responsiveness, Assurance, and Empathy. This study includes all employees of a government agency in Kota Samarahan, Sarawak. Questionnaires were distributed to respondents through Google Form with a returned rate of 88%. It was found that empathy and responsiveness variables had a strong and positive correlation with Clients’ Satisfaction while Assurance, Reliability, and Tangibility had a moderate and positive correlation with Clients’ Satisfaction. These findings implied that clients were more satisfied with services that were handled with care and discretion as well as quickly resolving unexpected issues thus providing insights to government agencies to improve their services. Keywords: Service Quality, Customer Satisfaction, Tangibles, Reliability, Responsiveness, Assurance, Empathy

scholarly journals Affective communication: a mixed method investigation into COVID-19 outbreak communication using the Taiwanese government Facebook page

2021 ◽  
pp. 175797592110035
Author(s):  
Chia Yu Lien ◽  
Yun-Hsuan Wu
Keyword(s):  
Social Media ◽  
Mixed Method ◽  
Health Authority ◽  
Disease Outbreak ◽  
Government Agencies ◽  
Affective Communication ◽  
Frontline Workers ◽  
The Public ◽  
Qualitative And Quantitative ◽  
Quantitative Results

The COVID-19 outbreak has created an unprecedented challenge for governments to convey information to the public, and social media has become a critical method of COVID-19 communication in Taiwan. Objectives: This study examines a total of 1128 Facebook posts published by Taiwan’s principal health authority from December 1, 2019 to May 31, 2020. Methods: Using both qualitative and quantitative approaches, this study investigates strategies used by the Taiwan government to communicate the COVID-19 outbreak and public responses toward these strategies. Result: Novel uses of Facebook posts on outbreak communication were identified, including solidarity, reviews of actions, press conferences, and the use of animal and cartoon images. Quantitative results showed that the public responded significantly more frequently to messages generating positive affects, such as posts that reviewed government actions and public efforts; posts that expressed thanks, approval, or comradeship; and posts that paired text with photographs of frontline workers or cute animals. Conclusion: These results suggest that, amid a disease outbreak, the public not only look for updated situations and guidelines but also for affective affirmation from government agencies.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

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