scholarly journals Transforming the Culture of Chinese Prosecutors Through Guiding Cases

Author(s):  
Colin Hawes

Public prosecutors are a key element within the legal complex, and crucial to the effective implementation of legal reforms. China’s procurators (public prosecutors) have previously colluded with local governments, police, and courts to “strike hard” against crime while overlooking systemic beating and torture of detained suspects to obtain confessions, shoddy investigative practices, and frequent miscarriages of justice. However, fifteen sets of Guiding Cases issued by the Supreme People’s Procuratorate since 2010 promote an unprecedented change in Chinese procurator culture away from “striking hard” to substantive protection of criminal suspects’ rights and exclusion of tainted evidence. They reinforce criminal procedure reforms since 2010 by demonstrating how procurators should protect innocent people against wrongful convictions and police brutality. They also stress the broader duty of China’s procurators to uphold the public interest against corrupt businesses and officials, especially in food safety, land-taking, and environmental protection cases. With other key actors in China’s “legal complex”—rights lawyers and civil society groups—still suppressed by the government, this effort to transform procurator culture is an essential, though still incomplete, step on China’s tortuous path toward a fair and just legal system.

2018 ◽  
Vol 14 (4) ◽  
pp. 366-380 ◽  
Author(s):  
Sylvia ◽  
Eko Ganis Sukoharsono ◽  
Yeney Widya Prihatiningtias ◽  
Roekhuddin

Purpose The purpose of this paper is to evaluate the merits of accrual-based accounting for the public in an Indonesian local government. It gives insights into the connection between the new practices and responses from government apparatus. Design/methodology/approach The paper applies genetic structuralism from Pierre Bourdieu to study the interrelation of habitus, field and capital in the accrual accounting implementation. Findings The result indicates a symbolic dominance of central government in the implementation of accrual-based accounting in the local government. Accrual accounting is considered to be a technique of government accountability which is independent from political and social situation. Practical implications The accrual accounting implementation preoccupies the government officials in their study of the preparation of financial statements while its utilization to increase the public welfare is still ignored. Social implications The government still prioritizes accountability and transparency for managerial and political purposes. Hence, the public interest is less superior compared with the formalities established between governments – the central government and local governments – and the regional legislator. Originality/value This paper contributes to the evaluation of the alignment of government policy with the public interest.


2018 ◽  
Vol 18 (01) ◽  
pp. 39-56
Author(s):  
Fransiskus X. Gian Tue Mali

AbstractPost implementation of regional autonomy and the impact on regional expansion, then DOB will start the construction of infrastructure facilities and infrastructure for the public interest. But often in the process of conflict either in the form of the issue of compensation, land acquisition, nor the problem of land ownership. Issues such as this led to the government and people often face to face in a conflict that sometimes led to delays in economic development is the primary objective of regional expansion. Because local governments and regional elites tend to be born as a major power in the region. Along with that, the community and social groups in it was reborn as a force that is trying to fight for their rights are neglected. The study concluded that the land conflict in Nagekeo as DOB pahamnya occurs because local governments on regional autonomy meaning that governments in the region tend to be born as the arrogant powers are hiding behind reasons of public interest that is ridden by personal and group interests. Thus ignoring the rights of some communities in the area. Local authorities thus essentially a major factor in the failure of regional expansion in Nagekeo.Keywords: Land Conflict, DOB, Nagekeo AbstrakPasca penerapan otonomi daerah dan berdampak pada pemekaran daerah, maka Daerah Otonom Baru (DOB) akan mulai melakukan pembangunan sarana prasarana maupun infrastruktur bagi kepentingan publik. Namun sering dalam proses tersebut terjadi konflik baik berupa persoalan ganti rugi, pembebasan lahan, maupun masalah kepemilikan lahan. Persoalan seperti ini menyebabkan pemerintah dan masyarakat sering berhadap-hadapan dalam konflik yang terkadang berujung pada terhambatnya pembangunan ekonomi yang merupakan tujuan utama dari pemekaran daerah. Karena pemda dan para elit daerah cenderung lahir sebagai kekuatan utama di daerah. Seiring dengan itupula masyarakat dan kelompok sosial di dalamnya pun lahir kembali sebagai kekuatan yang berusaha memperjuangkan hak-haknya yang terabaikan. Hasil penelitian menyimpulkan bahwa konflik tanah di Nagekeo sebagai DOB terjadi karena tidak pahamnya pemerintah daerah terhadap makna otonomi daerah sehingga pemerintah di daerah cenderung lahir sebagai kekuatan arogan yang berlindung dibalik alasan kepentingan umum yang ditunggangi oleh kepentingan pribadi dan kelompok. Sehingga mengabaikan hak sebagian masyarakat daerah. Sehingga pada hakikatnya pemerintah daerahlah faktor utama dalam kegagalan pemekaran daerah di Nagekeo.Kata kunci : Konflik Tanah, DOB, Nagekeo


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries


2020 ◽  
Vol 1 (I) ◽  
pp. 93-126
Author(s):  
Presetyo Firgianto ◽  
Prof. Dr. S. Pantja Djati, M.Si., MA

Upstream oil and gas activities both searching up to oil and gas production are government programs where activities are regulated in legislation. Before drilling, to obtain oil and gas reserves, the need for land for drilling activities is a step that must be passed. Since the upstream oil and gas activities are government programs, the government guarantees the availability of land for such activities that can be classified into the public interest and set forth in Law No. 2 of 2012 on Land Procurement for Development for the Public Interest.               The formulation of the problem in this research is : How the stages of activities Land acquisition for the public interest PT.Pertamina EP - Paku Gajah Development Project?, What are the opportunities and impacts at each stage of the activity ? Land acquisition for public interest PT.Pertamina EP - Paku Gajah Development Project ?, and How is the mitigation effect of each stage of Land Acquisition activities for This research uses semi-quantitative descriptive method. The data collection tool used is questionnaire with liekert scale (1-5). The results of this study indicate that the stages of land acquisition for the public interest consists of planning, preparation, implementation, and delivery of results.


2020 ◽  
Vol 5 (2) ◽  
pp. 86-99
Author(s):  
◽  
Triana Dewi Seroja ◽  
Mukhtirili Mukhtirili ◽  

This thesis discusses the Implementation of Land Procurement for Development in the Public Interest in the Construction of the Kawal Reservoir Infrastructure, which was built by the Ministry of Public Works of the Director General of Water Resources. The background used is the issuance of regulations regarding land acquisition in the form of Law No. 2. In 2012, which is quite comprehensive regulates and facilitates the process of land acquisition for development in the public interest. This law has been revised 4 times in the form of a Perpres from the Presidential Regulation No. 71 of 2012 to the latest Presidential Regulation No. 88 of 2017 as a refinement and consistency of the government in the policy of accelerating infrastructure development. But the fact is that national land acquisition is still the second biggest inhibiting factor, 30%. Kawal Reservoir is an infrastructure development in the field of public works has become a polemic, starting from the systems and procedures for land acquisition, the policies issued by the parties, the substance of the problem, as well as the apparatus' view of the land acquisition itself. The implementation of land acquisition for development in the public interest is in accordance with Law No. 2 of 2012 on the construction of the guarding reservoir infrastructure, which at present is still continuing to stop its physical development at the preparation stage. Problems in the form of forest status functions, overlapping ownership, and the existence of the Governor of Riau Islands Province Decree regarding Location Determination are obstacles that are passed through the Spatial Planning and Land Affairs apparatus in carrying out their main duties and functions. The phenomena that exist in the background of the problem will be integrated with the literature, conceptual and frame of mind developed. Research using Empirical / Sociological Legal Research methods.


Author(s):  
Alejandro Sáez-Martín ◽  
Arturo Haro-de-Rosario ◽  
Manuela García-Tabuyo ◽  
María Del Carmen Caba-Pérez

The many cases of corruption that have come to light, among other scandals, have led the public to lose faith in the management of public institutions. In order to regain confidence, the government needs to inform its citizens of all its actions. Public information should be accessible and controlled by means of a regulatory framework. The aim of this chapter is to analyze the transparency achieved and the progress still needed to be made by Dominican Republic municipalities with regards to complying with the requirements of the law on public information management. The chapter discusses the voluntary transparency achieved and factors that affect the implementation of information policies. The results highlight deficiencies in certain areas of online public information disclosure. The population size, economic capacity and electoral turnout are all factors that affect the online dissemination of public information by local governments in the Dominican Republic.


2016 ◽  
Vol 15 (2) ◽  
pp. 84
Author(s):  
Ida Susi D ◽  
Didik I ◽  
Asih Marini W

SMEs snacks in Gondangan village has the potential to be developed. The village has the potential to be Gondangan Agro-industry region, although it is still much that needs to be repaired and prepared.This study aims to determine the attitude of the public about the development of SMEs in rural areas Gondangan into Agro-industry clusters and how community participation in the development of SMEs in rural areas Gondangan to be Agroindustri. Respondents in this study were the leaders and local community leaders, citizens, snack home industry in the region.This study is a descriptive study with a qualitative approach. The data of this study is primary data and secondary data consists of qualitative and quantitative data. Primary data were obtained with the interview and focus group discussion.The results showed that the attitude of the public, snack ho,e industri actor and local governments support the development of the region as an area of Agro-Industry cluster. In terms of participation, the government showed a high participation and support by facilitating a variety of activities to realize the region of Agro-Industry cluster, while the snacks businessman as the main actor of Agro-industry development of the area did not show a high level of participation.


2012 ◽  
Vol 40 (5) ◽  
pp. 725-733 ◽  
Author(s):  
Chyi-Lu Jang

The relationship between the Big Five personality traits (Costa & McCrae, 1992) and public service motivation (PSM) was examined using a questionnaire survey of 277 public servants employed by 3 local governments in Taiwan. Regression analysis results indicated that extraversion was positively related to attraction to policy making, but negatively associated with self-sacrifice. Agreeableness was positively correlated to compassion. Conscientiousness was positively related to commitment to the public interest, compassion, and self-sacrifice. Neuroticism was negatively associated with commitment to the public interest and compassion, but positively with attraction to policy making. Openness to experience was positively correlated with all dimensions of PSM. In summary, personality traits can function as strong predictors of public service motivation.


1991 ◽  
Vol 67 (6) ◽  
pp. 691-697
Author(s):  
Ilan Vertinsky ◽  
Donald A. Wehrung ◽  
Shelby Brumelle

This paper describes the results of a survey of desired and perceived priorities for public silvicultural investments in British Columbia. The objective of the survey was to examine the extent to which non-timber benefits command the attention of the public and of managers in government and industry having responsibility for silvicultural investment. To reflect the "public view," elected representatives from local governments were surveyed. The industry sample consisted of senior foresters, while the government sample consisted of managers at both headquarters level and in the different forest regions and districts. The study revealed that non-timber benefits commanded attention in all the groups studied but, not surprisingly, the mean priority weights varied among groups. Surprisingly, however, only a few regional differences in priorities for silvicultural investments were discovered.


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