scholarly journals The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 605
Author(s):  
Fahmi Fahmi ◽  
Moch Zaidun ◽  
Bambang Suheryadi
Keyword(s):  
Attorney General ◽  
Preventive Strategy ◽  
Power Of Attorney ◽  
General Law ◽  
Product Service ◽  
State Administration ◽  
Special Power ◽  
The One ◽  
Service Procurement ◽  
Textual Meaning

The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.

scholarly journals Legal Assistance of Government Law Office in the Procurement of Goods and Services

2021 ◽  
Vol 3 (3) ◽  
pp. 339-352
Author(s):  
Susilo Susilo ◽  
Muhamad Adji Rahardian Utama ◽  
Anita Carolina Rajagukguk
Keyword(s):  
Local Governments ◽  
Service Providers ◽  
Attorney General ◽  
Legal Service ◽  
Legal Assistance ◽  
Goods And Services ◽  
State Administration ◽  
The Republic ◽  
Service Procurement ◽  
Legal Opinion

Procurement of goods/services is an activity to obtain goods/services by other Ministries/Institutions/Regional Work Units/Institutions whose process starts from planning needs to completion of all activities to obtain goods/services. The goods/service procurement activities are financed by the APBN/APBD, either carried out independently or by goods/service providers. The procurement of goods/services is essentially an attempt by the user to obtain or realize the goods/services it needs, by using certain methods and processes in order to reach an agreement on specifications, prices, time, and other agreements. The President of the Republic of Indonesia, in the process of dealing with the Covid-19 pandemic, has given instructions that were forwarded to the Deputy Attorney General for Civil and State Administration through circular number SE-02/G/Gs.2/04/2020 to carry out the stages quickly, precisely, focus integrated and synergistic among Ministries, institutions and local governments in the process of procuring goods and services. In the procurement process in an emergency, there are at least four important phases, namely planning, implementing, settling payments, and auditing. One of the duties and functions of the Junior Attorney General for Civil and State Administration is Legal Considerations consisting of Legal Opinion, Legal Assistance, and Legal Audit. Legal Assistance is a legal service provided by the State Attorney in the form of a legal opinion on an ongoing basis on an activity proposed by the Petitioner and ends with a conclusion on the provision of such Legal Opinion in the form of Legal Assistance Official Report.          

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

Information Security Aspect of Operational Risk Management

2009 ◽  
Vol 1 (2) ◽  
pp. 45-60 ◽  
Author(s):  
Janusz Zawiła-Niedźwiecki ◽  
Maciej Byczkowski
Keyword(s):  
Risk Management ◽  
Information Security ◽  
Organizational Structure ◽  
Operational Risk ◽  
The Other ◽  
Security Measures ◽  
Operational Risk Management ◽  
Hand Shaping ◽  
Product Service ◽  
The One

Information Security Aspect of Operational Risk ManagementImproving organization means on the one hand searching for adequate product (service) matched to the market, on the other hand shaping the ability to react on risks caused by that activity. The second should consist of identifying and estimating types of risk, and consequently creating solutions securing from possible forms of it's realization (disturbances), following rules of rational choice of security measures as seen in their relation to costs and effectiveness. Activities of creating the security measures should be organized as constantly developing and perfecting and as such they need formal place in organizational structure and rules of management

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

Executive Department

2020 ◽  
pp. 91-104
Author(s):  
Richard B. Collins ◽  
Dale A. Oesterle ◽  
Lawrence Friedman
Keyword(s):  
Political Parties ◽  
Attorney General ◽  
Executive Branch ◽  
Term Limits ◽  
Veto Power ◽  
Secretary Of State ◽  
Special Power ◽  
Legal Position ◽  
General Section

This chapter looks at Article IV of the Colorado Constitution, which defines the executive department. By providing for the separate election of the secretary of state, treasurer, and attorney general, Section 1 seems to divide executive branch authority. In practice, this tension has mattered only when the attorney general and governor belonged to different political parties, and the attorney general asserted a legal position opposed by the governor. Section 1 imposes term limits on the state’s elective executives. Section 11 gives the governor the usual veto power followed by Section 12, giving the special power of the line-item veto over appropriations bills. Section 13 has complex provisions for succession if the governor’s office becomes vacant during a term.

scholarly journals Statutory Decrystallisation of the Floating Charge: Implications for Business Sustainability

2016 ◽  
Vol 5 (1) ◽  
pp. 237
Author(s):  
Friday Okafor Onamson
Keyword(s):  
Case Law ◽  
The Other ◽  
Fixed Charge ◽  
Business Sustainability ◽  
Going Concern ◽  
Statutory Provision ◽  
General Law ◽  
Other Hand ◽  
The One ◽  
The Relationship

This paper analyzes the provisions of the Nigerian Companies and Allied Matters Act 2004 which, against the grain of general law rules on decrystallisation of floating charge, provides that a crystallised floating charge can decrystallise or refloat where the creditor withdraws from possession after the debtor has commenced payment or if the receiver, with consent of the creditor, is withdrawn. The analysis is relevant because the provision has dire implications for business sustainability since parties engage in debt transaction to sustain the going concern basis of their businesses. Bearing in mind that uncertainty pervades the boundaries between fixed and floating charge, the paper asks what is the priority status of a decrystallised floating charge as against a floating charge created prior to refloatation; and what is the relationship between the decrystallised floating charge and a fixed charge that predated the decrystallisation on the one hand and a fixed charge created post refloatation on the other hand. Using the case law and existing literature the paper showed that the statutory provision for decrystallisation of floating charge not only failed to clarify the general law rules on decrystallisation of floating charge, but it has cast a veil of uncertainty over the rights of parties to a debt transaction secured by floating charge. Since the provision can impact on the health of businesses, it behoves on the parties to be proactive in crafting debts contracts creating an interest secured by floating charge.

The conduct of hostilities during Operation Iraqi Freedom: an international humanitarian law assessment

2003 ◽  
Vol 6 ◽  
pp. 73-109 ◽  
Author(s):  
Michael N. Schmitt
Keyword(s):  
Security Council ◽  
Attorney General ◽  
Operation Iraqi Freedom ◽  
The United States ◽  
Security Council Resolution ◽  
Humanitarian Law ◽  
Jus Ad Bellum ◽  
The One ◽  
Iraqi Freedom ◽  
Self Defence

The war in Iraq thrust international law into the global spotlight as has no conflict since Vietnam.Jus ad bellumdebates grew increasingly heated as the launch of hostilities in March 2003 approached. Did Security Council resolution 1441 authorise Operation Iraqi Freedom (hereafter, OIF)? Perhaps the attack was an exercise of self-defence against state-support to terrorism. Did the purported doctrine of ‘preemptive self-defence’, enunciated in the 2002 US National Security Strategy, offer a legal justification? What of humanitarian intervention, democratisation or regime change? Or was the sole normative basis the one formally asserted by the United States and United Kingdom — breach of a ceasefire set forth in a Security Council resolution adopted a dozen years earlier? Thejus ad bellumbrouhaha resurfaced in April 2005 with the revelation that British Attorney General Lord Goldsmith had issued a classified memorandum on the legality of hostilities that differed from the public justification he proffered, with OIF days away, just over a week later.

scholarly journals Review of the monograph by V. Voynalovych and N. Kochan "The religious factor of ethnopolitical processes in Galicia: the postwar Soviet era and the present", Kyiv. IPiEND named after IF Kuras, 2018,408 p.

2019 ◽  
pp. 153-154
Author(s):  
Mykola Obushnyi
Keyword(s):  
Research Problem ◽  
The State ◽  
The Other ◽  
Spiritual Life ◽  
Local Authorities ◽  
Compromise Solutions ◽  
State Administration ◽  
Religious Factor ◽  
The One ◽  
The Way

In the context of decentralization of state administration and expansion of powers of local authorities in Ukraine, the ability of, on the one hand, the leadership of the state and, on the other, regional managers, to find compromise solutions taking into account the specifics of each region and state interests becomes important. The monograph is devoted to clarifying the specifics of such an important area in the spiritual life of Ukrainians in Galicia - state-church relations and the problems that arise in the way of their solution in the context of decentralization. The research problem posed by the authors is generally revealed at the level of requirements for this type of work and will be useful to all who are not indifferent to the study of ethno-religious relations in Ukraine.

scholarly journals Tax treatment of dividends and alternative for shareholders. Tax treatment of dividends and alternative for shareholders

2020 ◽  
pp. 9-20
Author(s):  
José Luis Bárcenas-Puente ◽  
Miguel Ángel Andrade-Oseguera
Keyword(s):  
At Risk ◽  
Income Tax ◽  
Business Practice ◽  
The Other ◽  
General Law ◽  
Financial Consequences ◽  
The Law ◽  
Set Up ◽  
Compliance With The Law ◽  
The One

In simple terms, a shareholder is a person who puts their money at risk by providing it to a business, what we call investment, which, if it generates profits, these are distributed in proportional parts to each partner, called dividends. In this way, the payment of dividends to shareholders represents the fair remuneration to the risk assumed. Dividend income is regulated in the Law on Income Tax and its correlation with the General Law of Commercial Companies, through precise guidelines. However, average business practice does not follow these provisions. Indeed, shareholders have money during the year in amounts on considerable amounts, without following any legal formality; thus facing fiscal and financial consequences. On the one hand, then, there is a reasonable right to remuneration and, on the other hand, compliance with the law. That is why alternatives to the old problem, of the checks without verification, set up as fictitious dividends.

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