scholarly journals The Criminal Liability of a Person who Caused a Public Official by Fraud to Make a False Official Document

2007 ◽  
Vol 19 (2) ◽  
pp. 161-182
Author(s):  
Changsup Lee
Keyword(s):  
Criminal Liability ◽  
Public Official ◽  
Official Document

scholarly journals Tanggung Jawab Notaris atas Pemalsuan yang Dilakukan oleh Klien dalam Proses Pembuatan Akta

2020 ◽  
Vol 2 (3) ◽  
pp. 583-596
Author(s):  
Ayu Rizkie ◽  
Muhammad Arifin ◽  
Ramlan Ramlan
Keyword(s):  
Criminal Liability ◽  
District Court ◽  
Public Official ◽  
Notary Public ◽  
Legal Consequences

Notary is a public official who is authorized to make an authentic deed whose authority has been determined by law, in fact there are not a few notaries who commit violations or crimes in making a deed so as to result in the emergence of criminal acts, it can be seen in the decision of the Padang District Court Number 535 / Pid.B / 2013 / PN.Pdg, in this case the notary public commits an act of forgery so that the notary is liable to criminal liability against him. This writing aims to review and analyze the legal consequences of the deed which in the process of making that contain elements of forgery and analyze criminal liability against a notary in the Padang District Court's decision No. 535 / Pid.B / 2013 / PN.Pdg. the results of this paper show that the legal consequences of the deed which in the process of making it contain elements of forgery can be canceled, the cancellation of a deed is a sanction against legal actions that contain elements of juridical defects (causes of cancellation) and also has no legal consequences since the cancellation of parties referred to in the deed. The criminal liability against the notary public in the decision of the Padang District Court Number 535 / Pid.B / 2013 / PN.Pdg, has fulfilled both elements in terms of the ability to be responsible and errors, and the absence of forgiving reasons, all three elements have been fulfilled so that the legal notary as the defendant can be held liable for criminal action against him.

scholarly journals ILLEGAL TURNOVER OF OFFICIAL DOCUMENTS: CRIMINAL LEGAL ASPECT

2019 ◽  
Vol 29 (6) ◽  
pp. 892-898
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Official Document ◽  
The Russian Federation ◽  
Subjective Side ◽  
Made In

The article discusses the issues of criminal liability for encroachments on the procedure of official document circulation. The concept and features of a document and an official document as subjects of criminal law protection are analyzed in detail. Criteria are proposed for distinguishing between a document and an official document, as well as the classification of documents. Particular attention is paid to the analysis of amendments to Article 327 of the Criminal Code of the Russian Federation, made in the summer of 2019, which provide for responsibility for the falsification, production or circulation of fake documents, state awards, stamps, seals or letterheads. The article examines in detail the objective features of the elements of crimes encroaching on official documents, which include the acquisition, sale, stealing, destruction, damage, concealment, as well as forgery of official documents, the sale of fake official documents and their use. The issues of the subjective side of these crimes are considered. The article also focuses on the problems of delimiting the use of obviously fake official documents, the responsibility for which is provided for in paragraph 4 of Article 327 of the Criminal Code of the Russian Federation from crimes, where the use of fake documents acts as a means of committing a crime, such as fraud, illegal obtaining a loan, etc. Suggestions are made on the appropriateness amending a number of articles of the Criminal Code of the Russian Federation, providing for liability for encroachment on official documents.

scholarly journals Case Study of False Statement in Notarial Deed in the Perspective of the Law on Notary Position

2019 ◽  
Vol 6 (2) ◽  
pp. 524
Author(s):  
Annisa Khairul ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Criminal Liability ◽  
Field Studies ◽  
Criminal Code ◽  
Public Official ◽  
False Statement ◽  
Complete Proof ◽  
Injured Party ◽  
The Law ◽  
Legal Consequences

A notary is assigned as a general official who makes a deed in which the deed issued by the notary is a perfect, strongest, and most complete proof that can guarantee legal certainty. Therefore, a notary must carry out his/her position in accordance with his/her authority as a public official as stipulated in the Law. This thesis applies a normative juridical approach and uses data sources which include primary, secondary and tertiary legal materials obtained through literature and field studies using interview guideline and field observation. The research that had been conducted found that the legal consequences for notarial deed containing false statements from appearers are that the party who feels disadvantaged by the existence of the deed can file a lawsuit in a civil court so the judge can decide to cancel the deed. Thus, the deed no longer has legal force because it has been declared legally flawed and null and void by law. The notary’s liability for the deed containing the false statement from appearer is in terms of administrative liability, civil liability, and criminal liability. The form of criminal sanction imposed on the appearer who gave a false statement for the authentic deed to the notary is that the appearer will be threatened with punishment in accordance with the provisions of Article 266 paragraph (1) of the Criminal Code; thus, the appearer deserves to be given a prison sentence. In addition, the form of civil sanction imposed on the appearer who gives false statements for authentic deeds to notaries is in the form of giving compensation to the injured party.

scholarly journals Responsabilidade civil e penal de agente público nos casos de delegação do ato de ordenação de despesas

2016 ◽  
Vol 273 ◽  
pp. 269
Author(s):  
Luciano Moreira de Oliveira
Keyword(s):  
Public Service ◽  
Public Expenditure ◽  
Criminal Liability ◽  
Public Official ◽  
The Public ◽  
Administrative Functions

<p>A execução da despesa pública é um procedimento de grande importância para o desempenho da função administrativa e que merece especial atenção, pois implica o desembolso de recursos do erário. Com a crescente complexidade da atividade administrativa, a ordenação da despesa pública tem sido alvo de delegação de competência no serviço público. Assim, identificada a prática de ato ilícito decorrente da ordenação de despesas por agente público no exercício de competência delegada, faz-se necessário analisar os casos e os requisitos para a caracterização da responsabilidade civil e penal do agente público delegante. O presente artigo relata uma análise dogmática sobre o tema.</p><p> </p><p>The implementation of public expenditure is an important procedure for the performance of administrative functions and it deserves special attention because it involves the disbursement of treasury resources. With the increasing complexity of administrative activity, the expenses commanding act has been delegated in the public service. Thus, identified the practice of tort or crime arising from the ordination of expenditure by public official in the delegated powers of exercise, it is necessary to examine the cases and requirements for the characterization of civil and criminal liability of the public official who delegator. This article reports a dogmatic analysis of the topic.</p>

PERTANGGUNGJAWABAN PIDANA NOTARIS TERHADAP AKTA OTENTIK YANG DIBUAT TERINDIKASI PEMALSUAN

2021 ◽  
Vol 3 (1) ◽  
pp. 29-38
Author(s):  
Marchelina Rante ◽  
Hernita Matana
Keyword(s):  
Data Collection ◽  
Legal Status ◽  
Code Of Ethics ◽  
Criminal Liability ◽  
Court Decision ◽  
Public Official ◽  
Literature Study ◽  
Professional Code ◽  
The Status ◽  
Administrative Sanctions

A notary is an authorized public official whose main obligation is to make authentic deeds based on a professional code of ethics, related to the widespread indications of forgery of the authentic deeds, of course this needs to be accounted for by the notary himself. This study aims to identify and explain the criminal liability of a Notary against an authentic deed made and indicated forgery and to find out the legal status of a deed made by a Notary that caused a dispute. The data collection carried out in this research is by interview and literature study as well as the applicable legislation. Data were analyzed descriptively qualitatively. The results of the study indicate that if the notary is proven to have falsified or falsified the authentic deed he made and caused harm to interested parties, the notary can be sentenced to criminal, civil, and administrative sanctions. The legal status of the deed that is proven to be falsified by the Notary who made it, which can be canceled, null and void, has the power of proof as an underhand deed, canceled by the parties themselves and canceled by a court decision that has permanent legal force. However, the status or position of the Notary deed can’t be carried out jointly, but only applies to one, in accordance with a permanent court decision.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

A Truce in Criminal Law’s Distributive Principle Wars?

2020 ◽  
Vol 23 (4) ◽  
pp. 565-583
Author(s):  
Paul H. Robinson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Empirical Evidence ◽  
Justice System ◽  
Crime Control ◽  
Criminal Liability ◽  
A Value ◽  
Principles Of Justice ◽  
Past Wrongs

Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs. It is argued here that the two are in fact reconcilable, in a fashion. We cannot declare a winner in the distributive principle wars but something more like a truce. Specifically, good utilitarians ought to support a distributive principle based upon desert because the empirical evidence suggests that doing justice for past wrongdoing is likely the most effective and efficient means of controlling future crime. A criminal justice system perceived by the community as conflicting with its principles of justice provokes resistance and subversion, whereas a criminal justice system that earns a reputation for reliably doing justice is one whose moral credibility inspires deference, assistance, and acquiescence, and is more likely to have citizens internalize its norms of what is truly condemnable conduct. Retributivists ought to support empirical desert as a distributive principle because, while it is indeed distinct from deontological desert, there exists an enormous overlap between the two, and it seems likely that empirical desert may be the best practical approximation of deontological desert. Indeed, some philosophers would argue that the two are necessarily the same.

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