Second Looks at Sentences under the First Step Act

2019 ◽  
Vol 32 (2) ◽  
pp. 76-85
Author(s):  
Sarah French Russell
Keyword(s):  
Sentence Length ◽  
Sentencing Decisions ◽  
Second Look ◽  
The People ◽  
The Law ◽  
Supervised Release ◽  
Federal Prisoners ◽  
Federal Judges ◽  
The Impact

Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal cases, judges rarely had the chance to take a second look at the prison sentences they (or their colleagues) imposed. Encounters between judges and the people they sentenced typically occurred only if a person violated the terms of supervised release after leaving prison. Now, judges can reassess sentence length while someone is still in prison and evaluate whether a reduction in the sentence is warranted. This newfound power allows judges to see their sentencing decisions in a new light and may influence how they conceive of the prison time they impose in future cases.

scholarly journals DAMPAK PUNGUTAN PAJAK DILIHAT DARI SEGI HUKUM, EKONOMI DAN SOSIOLOGI

Yustitia ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 49-54
Author(s):  
Hamja Hamja
Keyword(s):  
The State ◽  
Government Revenue ◽  
Tax Collection ◽  
The People ◽  
Legal Perspective ◽  
Direct Compensation ◽  
Entry Requirements ◽  
The Law ◽  
Definition Of ◽  
The Impact

Tax is a mandatory contribution for people who have fulfilled the entry requirements to become taxpayers. The tax is expected to improve the welfare of all people. The tax cannot be felt directly by the community. The implementation of tax collection must have a clear regulation. The purpose of this article is to determine the impact of tax collection in terms of the economy perspective; to know the impact of tax collection if viewed from a legal perspective; to know the impact of tax collection if viewed in terms of sociology. The results of the study indicate that Article 1 of Law Number 6 of 1983 in conjunction with Law 28 of 2007, the definition of tax is a mandatory contribution to the State owed by an individual or entity that is compulsory based on the Law, by not receiving direct compensation and used for State needs for the greatest prosperity of the people. Tax is one of the sources of government revenue. It means that the increase in tax collection directly increases government revenues. Thus, the tax has several functions, namely the function of the budget (budgetair) and the regulating of function (regurelend).

scholarly journals Law Enforcement on Fisheries Crime After the Enactment of Law Number 45 of 2009: A Normative Analysis

2019 ◽  
Vol 1 (1) ◽  
pp. 107-128
Author(s):  
Joko Susanto ◽  
Ali Masyhar
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Advantages And Disadvantages ◽  
Fisheries Resources ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Moment ◽  
Fisheries Law ◽  
The Impact

Abstract. Indonesia is one of a country which have two geographical form as the characteristics, one as archipelago and one as a mainland country. Indonesia is located between two continent, Asia and Australia Continent and also by two ocean, Pacific and Hindian Sea which are very wide. Indonesia is a big and important archipelago country with the islands. We realized that in the Indonesian region there are so many resources which can sustain life and the people of Indonesia. This potential can cause natural disaster if the management does not paying attention to the limitation of the natural capability, for example the sea exploration and exploitation with the use of unmodern tools. It is undeniable that in the management of natural fisheries resources there are still violation by the unresponsible parties in that field. The violation can cause bad for the fisheries ecosystem in our country. The impact will reduce the fisheries resource in which could have been managed for the beneficial of the people. One of the matters that will be discussed in this article is about the philosophical juridical foundation about natural resource, knowing the normative review in the field of fisheries, element of criminal liability, modes of operation in fisheries crime, as well as the knowledge about the advantages and disadvantages of fisheries law change. However, in order to protect the national wealth in form of fisheries resources it is required that the government take action in preserving natural resources. In this case the role of law is very important, especially criminal and civil law as a media to control and prevent the action that can disturb the management and preservation of the fish resources and environment. In law number 31 year 2004 jo. Law number 45 year 2009 concerning fisheries, provides clarity and legal certainty towards law enforcement for criminal offense in the field of fisheries, which includes investigation, prosecution and examination at the court hearing. Suggestion in this article are legal rules regarding the law of fisheries which is still valid at the moment must be reconstructed and renewed so that the law enforcement authorities are more able to increase the supervisition and action in the Indonesian sea. Including the need of pulic attitude and awareness towards the law especially in the field of fisheries.

On border guards in OtoΓ (Ordos)

1977 ◽  
Vol 40 (3) ◽  
pp. 581-585
Author(s):  
Henry Serruys
Keyword(s):  
Forthcoming Paper ◽  
Daily Lives ◽  
The People ◽  
Chinese Muslims ◽  
The Law ◽  
The Impact

The notebooks of the late Antoine Mostaert (BSOAS, XL, 2, 1977, 338) contain two documents from Otoγ banner in Ordos, from 1907 and 1921 respectively, on the necessity of having border guards in order to prevent banditry. The letter of 1907 mentions an act of banditry committed by a group of Chinese Muslims. How frequent such crimes were around 1907, I do not know; but with regard to the ‘commission’ of 1921, the reader should know that the early 1920's were extremely turbulent years in Otoγ: as the result of a number of murders committed there, Mongols fought among themselves and at the same time had to face repeated irruptions of Chinese bandits and soldiers often more likely to behave like bandits than like upholders of the law. In a forthcoming paper, I hope to publish a number of documents relative to those murder cases and the impact they had on the daily lives of the people. In the meantime these two documents on the formation of border guards may be of some interest.

Research Participation Experiences of Informants of Suicide and Control Cases

Crisis ◽  
2010 ◽  
Vol 31 (5) ◽  
pp. 238-246 ◽  
Author(s):  
Paul W. C. Wong ◽  
Wincy S. C. Chan ◽  
Philip S. L. Beh ◽  
Fiona W. S. Yau ◽  
Paul S. F. Yip ◽  
...  
Keyword(s):  
Ethical Issues ◽  
Research Participation ◽  
Self Report ◽  
Initial Contact ◽  
Psychological Autopsy ◽  
Autopsy Study ◽  
The People ◽  
And Control ◽  
The Impact

Background: Ethical issues have been raised about using the psychological autopsy approach in the study of suicide. The impact on informants of control cases who participated in case-control psychological autopsy studies has not been investigated. Aims: (1) To investigate whether informants of suicide cases recruited by two approaches (coroners’ court and public mortuaries) respond differently to the initial contact by the research team. (2) To explore the reactions, reasons for participation, and comments of both the informants of suicide and control cases to psychological autopsy interviews. (3) To investigate the impact of the interviews on informants of suicide cases about a month after the interviews. Methods: A self-report questionnaire was used for the informants of both suicide and control cases. Telephone follow-up interviews were conducted with the informants of suicide cases. Results: The majority of the informants of suicide cases, regardless of the initial route of contact, as well as the control cases were positive about being approached to take part in the study. A minority of informants of suicide and control cases found the experience of talking about their family member to be more upsetting than expected. The telephone follow-up interviews showed that none of the informants of suicide cases reported being distressed by the psychological autopsy interviews. Limitations: The acceptance rate for our original psychological autopsy study was modest. Conclusions: The findings of this study are useful for future participants and researchers in measuring the potential benefits and risks of participating in similar sensitive research. Psychological autopsy interviews may be utilized as an active engagement approach to reach out to the people bereaved by suicide, especially in places where the postvention work is underdeveloped.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

DAMPAK PENGELOLAAN SAMPAH PADA KESEHATAN MASYARAKAT DI TPA

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Emilda Emilda
Keyword(s):  
Public Health ◽  
Hand Hygiene ◽  
Waste Management ◽  
Qualitative Data ◽  
Water Storage ◽  
Health Impact ◽  
Clean Water ◽  
The People ◽  
Clean Environment ◽  
The Impact

The limitations of waste management in the Cipayung Landfill (TPA) causing a buildup of garbage up to more than 30 meters. This condition has a health impact on people in Cipayung Village. This study aims to analyze the impact of waste management at Cipayung Landfill on public health in Cipayung Village, Depok City. The research is descriptive qualitative. Data obtained by purposive sampling. Data was collected by interviews, observation and documentation. Based on interviews with 30 respondents, it was found that the most common diseases were diarrhea, then other types of stomach ailments, subsequent itching on the skin and coughing. This is presumably because the environmental conditions in the form of unhealthy air and water and clean and healthy living behaviors (PHBS) have not become the habit of the people. The results indicated that there were no respondents who had implemented all of these criteria. In general respondents have implemented  3 criteria, namely maintaining hair hygiene, maintaining skin cleanliness, and maintaining hand hygiene. While maintaining clean water storage is the most often overlooked behavior. To minimize this health impact, improvements in waste management in Cipayung landfill are needed along with continuous socialization and education to develop PHBS habits and the importance of maintaining a clean environment.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

From strategic human resources to organization performance

2014 ◽  
Author(s):  
Ana Rita Damas Oliveira ◽  
Paulo Alexandre Guedes Lopes Henriques ◽  
Teresa Cristina Clímaco Monteiro de Oliveira
Keyword(s):  
Human Resources ◽  
Business Strategy ◽  
Organization Performance ◽  
Case Study Methodology ◽  
Strategic Human Resources ◽  
The People ◽  
Sustainable Advantage ◽  
Strategy Alignment ◽  
And Performance ◽  
The Impact

Much has been written about the link between HR and performance, however consensus has yet not been found concerning the understanding on how that relationship comes together. Empirically, no direct impact has been found and research has only suggested an indirect impact. Consequently, the Strategic HRM field is particularly interested on the understanding of the mediating variables that impact the organization performance. Besides the integrated and business strategy alignment of the HR function, it should be considered that it is the people (HR) of the organization and not their practices that determine the company´s competitive advantage. (Messersmith & Guthrie, 2010) argue that it is the impact of those practices that represent “the true resource and enable a sustainable advantage over industry rivals”. The objetive of this research proposal is to study the impact of strategic human resources practices on the organization performance through a case study methodology, supported by longitudinal data. Namely, the project aims to achieve a deeper understanding of the variables that affect the process stream during strategy implementation. How the HR practices impact on people? And why human resources are the most valuable asset? These core premises are in line with the most recent economic concerns about people productivity, employment policies and labor flexibility.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

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