scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

Konsep Penggabungan Antara NJOP dan Nilai Pasar dalam Pengadaan Tanah untuk Kepentingan Umum

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Jibril ◽  
Arvel Mulia Pratama ◽  
Jinan Raidangi
Keyword(s):  
Social Justice ◽  
Mass Media ◽  
Public Interest ◽  
Secondary Data ◽  
Land Acquisition ◽  
Primary Data ◽  
The Public ◽  
Existing Problems ◽  
The Law ◽  
The Republic

Abstract: Land Acquisition for Development in the Public Interest in Indonesia still often causes polemic, as is still often found in various mass media. The problem in the implementation of land aquisition is because the Law of the Republic of Indonesia Number 2 of 2012 concerning Land Aquisition for Development in the Public Interest, and the Presidential Regulation that follows it, has not rigidly stipulated the basis for determining the compensation value used to determine the compensation value. This research was conducted by making a comparison between ius constitutum and in concreto events in the field. Primary data in this study were obtained byinterviewing several sources in August 2017, which can be accounted for, while the secondary data were obtained byliterature studies. Based on the research, it is known that there is injustice in determining the value of compensation to the entitled parties. Seeing this, the author tried to describe the existing problems and provide solutions tailored to the situation and conditions in land aquisition in Indonesia. This was intended to actualize the value of social justice in the aquisition of land for development in the public interest in Indonesia.Intisari: Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum di Indonesia masih sering menimbulkan polemik, sebagaimana yang masih kerap ditemui dalam berbagai media massa. Permasalahan dalam pelaksanaan pengadaan tanah disebabkan karena Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, serta Peraturan Presiden yang mengikutinya belum mengatur secara rigid tentang dasar penetapan nilai ganti kerugian yang digunakan untuk menetapkan nilai ganti kerugian. Kajian ini dilakukan dengan melakukan komparisi antara ius constitutum dengan peristiwa in concreto yang ada di lapangan. Data primer dalam kajian ini diperoleh dari hasil wawancara dari beberapa narasumber pada Agustus 2017 yang dapat dipertanggungjawabkan dan data sekunder dalam kajian ini diperoleh dari studi kepustakaan. Berdasarkan penelitian diketahui bahwa terdapat ketidakadilan dalam penetapan nilai ganti kerugian terhadap pihak-pihak yang berhak. Melihat hal tersebut penulis mencoba menguraikan permasalahan yang ada dan memberikan solusi yang disesuaikan dengan situasi dan kondisi dalam pengadaan tanah di Indonesia. Hal ini dimaksudkan untuk mengaktualisasikan nilai keadilan sosial dalam pengadaan tanah bagi pembangunan untuk kepentingan umum di Indonesia 

scholarly journals PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Primary Data ◽  
The Public ◽  
Government Administration ◽  
Legal Position ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
National Police

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

scholarly journals Obstacles to Developing Net-Zero Energy (NZE) Homes in Greater Toronto Area

Buildings ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 95
Author(s):  
Ghazal Makvandia ◽  
Md. Safiuddin
Keyword(s):  
Financial Incentives ◽  
New Technologies ◽  
Public Awareness ◽  
Ghg Emissions ◽  
Primary Data ◽  
Zero Energy ◽  
The Public ◽  
Greater Toronto Area ◽  
Net Zero Energy ◽  
Net Zero

Efforts have been put in place to minimize the effects of construction activities and occupancy, but the problem of greenhouse gas (GHG) emissions continues to have detrimental effects on the environment. As an effort to reduce GHG emissions, particularly carbon emissions, countable commercial, industrial, institutional, and residential net-zero energy (NZE) buildings were built around the globe during the past few years, and they are still operating. But there exist many challenges and barriers for the construction of NZE buildings. This study identifies the obstacles to developing NZE buildings, with a focus on single-family homes, in the Greater Toronto Area (GTA). The study sought to identify the technical, organizational, and social challenges of constructing NZE buildings, realize the importance of the public awareness in making NZE homes, and provide recommendations on how to raise public knowledge. A qualitative approach was employed to collect the primary data through survey and interviews. The secondary data obtained from the literature review were also used to realize the benefits, challenges, and current situation of NZE buildings. Research results indicate that the construction of NZE buildings is faced with a myriad of challenges, including technical issues, the lack of governmental and institutional supports, and the lack of standardized measures. The public awareness of NZE homes has been found to be very low, thus limiting the uptake and adoption of the new technologies used in this type of homes. The present study also recommends that the government and the academic institutions should strive to support the NZE building technology through curriculum changes, technological uptake, and financial incentives to buyers and developers. The implementation of these recommendations may enhance the success and popularity of NZE homes in the GTA.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals Tools for Forming a Talent Pool of the Public Civil Service in the Republic of Sakha (Yakutia)

Upravlenets ◽  
2017 ◽  
Vol 70 (6) ◽  
pp. 2-9
Author(s):  
Yekaterina A. Panova ◽  
◽  
Yelena A. Vasilieva ◽  
Natalya N. Oparina ◽  
◽  
...  
Keyword(s):  
Civil Service ◽  
The Public ◽  
Talent Pool ◽  
The Republic

scholarly journals Implementation Of The Police Role In Doing Control And Law Enforcement Against Police In Area Community Organization Indramayu Associated With Act No. 17 In 2013 Jo. Act No. 16 2018

2018 ◽  
Vol 1 (2) ◽  
pp. 351
Author(s):  
Sunardi Sunardi ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Social Organization ◽  
Central Government ◽  
Community Organization ◽  
Secondary Data ◽  
Community Organizations ◽  
Field Studies ◽  
Primary Data ◽  
The Public ◽  
Function Unit ◽  
The Law

In this study the issues to be discussed are: Implementation of the National Police's role in conducting oversight and enforcement of the law against Society. Any barriers faced by the police in doing supervision and enforcement of the law against Social Organization. Police made solutions in overcoming these obstacles above. The methodology used by researchers is the approach empirical juridical, as for sources and types of data in this study are primary data obtained from field studies withway direct communication with the respondent or informant (CJS), And secondary data obtained from the study of literature. Based on the results of research that: the application of the national police role Indramayu in conducting oversight and enforcement of the law against Social Organization that efforts emptive, ie policing effort in order to provide guidance to the public through the development activities of the community that runs from the function Unit Binmas, such as providing information to the public, placement Bhabinkamtibmas in every village one member the Police; Barriers faced is insufficient budget for operations; In the displacement of the secretariat of CBOs, CSOs are rarely reported to the Police Indramayu; Shortage of Human Resources in terms of the establishment of the superintendent; Solutions to overcome these obstaclesthat Bakesbangpol only as a facilitator who records a list of community organizations and in coordination with the central government, while the direct supervision of the CSOs do not have the authority expressly in supervision, coaching, and dissolution of CSOs. Keywords: Implementation; Monitoring; Enforcement; Community Organizations.

scholarly journals Reformation issues of the Penal system in the Republic of Kazakhstan

2020 ◽  
Vol 2 (3) ◽  
pp. 168-175
Author(s):  
Marat Azhibaev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Main Idea ◽  
International Standards ◽  
Penal System ◽  
The Public ◽  
Effective System ◽  
System 2 ◽  
Internal Affairs ◽  
The Republic

The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.

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