scholarly journals Jurisdiction of state administration in the procedure of issuing travel documents

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.

Author(s):  
Anika Kovačević ◽  

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.


Author(s):  
Khalid Dahlan ◽  
Anna Erliyana Chandra

Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.


1970 ◽  
Vol 20 (274) ◽  
pp. 105-114
Author(s):  
Barbara Węglarz

National Firefighting and Rescue System (NFRS) has been created to protect population, property and environment within the territory of the Republic of Poland by the following activities: extinguishing fires, fighting against the local threats, chemical and ecological rescue operations, technical rescue operations and first medical aid. NFRS, as an integral part of the internal security system of the country, is financed by the Government. The Chief Commandant of the State Fire Service is the central body of the state administration responsible for organization and managing the NFRS. The system operates on three administrative levels corresponding with the administrative structure of the country: district (main executive level, where interventions are carried out by the district’s resources), regional (coordination and assistance to the rescue operations when resources in the district are insufficient) and national (rescue operations assistance and coordination when resources in the region are insufficient). The main purpose of this article is to present : tasks performed by the NFRS (National Firefighting and Rescue System), functioning of the system at three levels (district, regional and national), cooperation of the NFRS with subjects like Police, Border Guard, units of Voluntary Fire Brigade and many others.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Hufron Hufron

Basically the normative judical of the State Administration System of the Republic of Indonesia after the amandement of the 1945 Constitution relating to the regulation of the relationship between the State and Religion is sufficient and meaningful, beginning in the Preamble to the 1945 Constitution, and the articles in the body, starting Article 9, Article 22 D, Article 24 Paragraph (2), Article 28E Paragraph (1), Article 28J Paragraph (2), Article 31 Paragraph (3) and (5) of the 1945 Constitution. At the practical level, the dynamics of State and Religious Relation Post-Change of 1945 Constitution shows a more dynamic relationship and harmonious, the existence of symbiotic-mutualism between the role of the Government of Indonesia and Religion in realizing the goals of the state government as stated in the Preamble of the 1945 Constitution. This is proven factually in the Indonesian constitutional practice there are various laws and regulations that base or adopt the values of the substance of Islam. Such as Marriage Law, Zakat Law, Religious Judicature Law, Wakaf Law, Haj Administration Law, Sharia Banking Law, State Sharia Securities Law and the birth of various Regional Regulations (Perda) based on Shariah (qonun) in the current era of regional autonomy Keywords:  Religion, State, State System


2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.


2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.


2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  


Author(s):  
Mikhalien Du Bois

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.


Author(s):  
Latifah Latifah ◽  
A. Rinto Pudyantoro

<p>Special Unit for Upstream Oil and Gas Business Activities (SKK Migas) is an institution established by the Government of the Republic of Indonesia through Presidential Regulation (Perpres) No. 9 of 2013 on the Management of Upstream Oil and Gas Business Activities. The task of SKK Migas is to manage the upstream oil and gas business activities based on cooperation contracts. The purpose of the establishment of this institution so that retrieval of natural resources of oil and gas owned by the State can provide maximum benefit and acceptance for the state to the greatest prosperity of the people. Based on these tasks and objectives, SKK Migas is responsible to the state and all Indonesian people to work properly, honestly, fairly, cleanly, transparently and competently in order to achieve good governance of state institutions. Therefore, internal monitoring (internal audit) and accountability of its human resources are required. This research has a purpose to test the influence of internal audit and human resource accountability to the achievement of good governance at SKK Migas institution. This research uses survey method with population of all staffs of SKK Migas. Sampling method used is sampling with purposive sampling technique. In this study, 145 samples were taken. Methods of data collection was done by using questionnaires containing several questions with the method of data analysis using multiple regression. The result of this research is to accept both hypothesis which is internal audit have positive effect toward the achievement of good governance in SKK Migas. And the accountability of human resources positively affect the achievement of good governance in SKK Migas.</p>


2016 ◽  
Vol 4 (1) ◽  
pp. 61 ◽  
Author(s):  
Muhamad Rizal ◽  
Yanyan Yani

The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law. 


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