scholarly journals The Role of the Prosecutor in Executing the Payment of Replacement Money

2020 ◽  
Vol 9 (3) ◽  
pp. 521
Author(s):  
I Gede Artha ◽  
Ni Nengah Adiyaryani
Keyword(s):  
The State ◽  
Third Party ◽  
Legal Basis ◽  
Legal Research ◽  
Judicial Process ◽  
The Third ◽  
Criminal Charge ◽  
Procedural Code ◽  
Financial Losses

This research is about the role of the Prosecutor as an executor in executing the assets of the convicts of corruption, to recover the State financial losses from corruption. Besides that, this research aims to know about the returning of State financial losses through the payment of replacement money. Corruption is an extraordinary crime, veiled and endanger national stability and security and inhibiting Indonesian economic development. This research is a normative legal research with primary, secondary and tertiary legal material supported by data. This research is using statutory, case, and comparative approaches. The legal basis used in this research are Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, Law No. 16 of 2004 and Law No. 8 of 1981 (Indonesian Criminal Procedural Code). The corruption has become systematic and the scope enters into all aspect of life, start with the lower level with State Officers and law enforcers becomes the dominant actors. In imposing the sanction, The Judges are not only charge imprisonment but also charge additional fines and/or penalties to returning the State financial losses and ask the convicts of corruption to pay the replacement money to the State. The problem arises in this research related to the execution of the verdict about returning State financial losses which are the assets of the convicted person is already in the third party hands or have been depleted, dual population administration, the length of the judicial process, the convicted person prefers to take the subsidiary criminal charge and the hollow of norm regarding technical execution for the Prosecutors so that the execution cannot be carried out.

scholarly journals PERAN OTORITAS JASA KEUANGAN TERHADAP PENGAWASAN LEMBAGA KEUANGAN DI INDONESIA

2019 ◽  
Vol 1 (02) ◽  
pp. 177-188
Author(s):  
Annisa Arifka Sari
Keyword(s):  
Capital Market ◽  
Financial Services ◽  
Financial Service ◽  
Legal Basis ◽  
Legal Research ◽  
Services Sector ◽  
Financial Services Sector ◽  
Stable Manner ◽  
The Government

Penelitian ini bertujuan untuk menjelaskan peran Otoritas Jasa Keuangan sebagai lembaga independen dalam melakukan pengawasan terhadap lembaga jasa keuangan di Indonesia serta kewenangan Otoritas Jasa Keuangan yang diatur dalam Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Dari hasil penelitian dijelaskan bahwa Otoritas Jasa Keuangan adalah lembaga yang independen dan bebas dari campur tangan pihak lain, yang mempunyai fungsi, tugas, dan wewenang pengaturan, pengawasan, pemeriksaan, dan penyidikan terhadap lembaga jasa keuangan seperti perbankan. Dasar hukum dibentuknya Otoritas Jasa Keuangan adalah Undang-Undang Nomor 21 Tahun 2011. Secara kelembagaan, Otoritas Jasa Keuangan berada di luar pemerintah, yang dimaknai bahwa Otoritas Jasa Keuangan tidak menjadi bagian dari kekuasaan pemerintah. Otoritas Jasa Keuangan dibentuk dengan tujuan agar keseluruhan kegiatan di dalam sektor jasa keuangan terselenggara secara teratur, adil, transparan, dan akuntabel; mampu mewujudkan sistem keuangan yang tumbuh secara berkelanjutan dan stabil; serta mampu melindungi kepentingan konsumen dan masyarakat. Otoritas Jasa Keuangan bertugas tidak hanya mengatur dan mengawasi perbankan saja, tetapi juga mencakup pasar modal, perasuransian, dana pensiun, lembaga pembiayaan, serta lembaga jasa keuangan lainnya.    THE ROLE OF FINANCIAL SERVICES AUTHORITY ON SUPERVISION OF FINANCIAL INSTITUTIONS IN INDONESIA This research aims to explain the role of the Financial Services Authority as an independent institution in supervising financial service institutions in Indonesia as well as the authority of the Financial Services Authority as regulated in Law Number 21 of 2011 concerning the Financial Services Authority. The method used in this research is normative legal research. From the research results, it is explained that the Financial Services Authority is an independent institution and free from interference from other parties, which has the function, task and authority to regulate, supervise, examine and investigate financial service institutions such as banks. The legal basis for the establishment of the Financial Services Authority is Law Number 21 of 2011. Institutionally, the Financial Services Authority is outside the government, which means that the Financial Services Authority is not part of the government's power. The Financial Services Authority was formed with the aim that all activities in the financial services sector are carried out in an orderly, fair, transparent and accountable manner; able to realize a financial system that grows in a sustainable and stable manner; and able to protect the interests of consumers and society. The Financial Services Authority is tasked with not only regulating and supervising banking, but also covering the capital market, insurance, pension funds, financing institutions, and other financial service institutions.    

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals Bit by (Twitch) Bit: “Platform Capture” and the Evolution of Digital Platforms

2020 ◽  
Vol 6 (3) ◽  
pp. 205630512093398
Author(s):  
William Clyde Partin
Keyword(s):  
Cultural Production ◽  
Third Party ◽  
Management Service ◽  
Management Tools ◽  
Digital Platforms ◽  
Business Studies ◽  
The Third ◽  
History Of ◽  
The Many

This article considers the history of donation management tools on the livestreaming platform Twitch. In particular, it details the technical and economic contexts that led to the development of Twitch Bits, a first-party donation management service introduced in 2016. Two contributions to research on the platformization of cultural production are made. One, this article expands the empirical record regarding Twitch by chronicling the role of viewer donations in livestreaming since 2010, as well as the many tools that have facilitated this practice. It is argued that this history traces the complex and co-productive interactions between Twitch as a sociotechnical architecture and a political economy. Two, by considering how the first-party donation tool Twitch Bits has gradually challenged the dominance of the third-party tools that preceded it, this article theorizes the notion of platform capture, a critical rereading of platform envelopment, a popular concept in business studies. Ultimately, it is argued that platform capture demonstrates how platform owners leverage power asymmetries over dependents to aid in their platform’s technical evolution.

Monitoring Prescriptions, Third-Party Healthcare Payers, Prescription Benefit Managers, and Private-Sector Policy Options

2018 ◽  
Author(s):  
John J. Coleman
Keyword(s):  
Private Sector ◽  
Third Party ◽  
Policy Options ◽  
Pharmacy Benefit ◽  
Drug Enforcement ◽  
Controlled Substances ◽  
Drug Enforcement Administration ◽  
The Third ◽  
Potential Benefits

This chapter discusses how opioids are diverted from legitimate to illegitimate channels and examines the systems that have been developed to keep track of these drugs by monitoring their prescribing and dispensing. Also covered are the regulations that enable authorities to scrutinize manufacturers and distributors for anomalous transactions that might signal diversion. The chapter also discusses potential strategies involving the private sector, which has a corresponding interest in curtailing waste, fraud, and abuse in the third-party healthcare payer systems that each year process billions of prescriptions for drugs, including controlled substances. The chapter looks at the role of pharmacy benefit managers in the dispensing of controlled substances. The potential benefits of adding pharmacy benefit managers to the present classes of business activities regulated by the Drug Enforcement Administration are explored.

The Consequences of a Third Party Decision on Coopetition Strategies

2016 ◽  
Vol 14 (2) ◽  
pp. 1-19
Author(s):  
Anne-Sophie Fernandez ◽  
Francoise Pierrot
Keyword(s):  
Third Party ◽  
The European Union ◽  
Longitudinal Case Study ◽  
Accounting Standard ◽  
The Third ◽  
Setting Process ◽  
The Us ◽  
The Third Party ◽  
Accounting Standard Setting

Coopetition is a paradoxical strategy combining simultaneously cooperation and competition. Previous scholars investigated the role of the third-party in coopetition dynamics: it can initiate and drive the coopetition strategy or it can be involved in the management of the relationship. But the consequences of this involvement remain under-investigated. This research aims to fill this gap: what are the consequences of the involvement of a third-party in a coopetition strategy on the partners and their relationship? To answer this question, we conducted a longitudinal case study of coopetition strategies between two institutions the FASB and the IASB in the specific context of the global accounting standard-setting process and convergence process between the US GAAPs and the IFRSs.Our findings enable us to identify three different phases in the process. We provide evidence on the role of the third-party (the European Union in the case) in the evolution of the coopetition dynamic between the FASB and the IASB, and analyze the consequences on both partners and their relationship.

Minding the State — or a State of Mind?

1990 ◽  
Vol 23 (1) ◽  
pp. 25-55 ◽  
Author(s):  
BERT A. ROCKMAN
Keyword(s):  
Political Theory ◽  
The State ◽  
The Public ◽  
The Third ◽  
State Of Mind ◽  
Unique Definition ◽  
Public Cultures ◽  
State Organization ◽  
Decisional Authority

In political theory the state has been enjoying a conceptual rebirth even while some of its activities have been receding. The state, however, remains conceptually ambiguous and is thus molded into many different conceptual forms. Three of those forms are discussed in this article: the decision-making state, the production state, and the intermediary state. The first relates to the organization and architecture of decisional authority; the second to the public and distributive goods supplied by the state; and the third to the interconnections between state organization and the organizations of civil society. Although the state lacks unique definition as a concept, its value lies in bringing together the most important macro-level connections of the polity, the society, and the economy that cannot otherwise be adequately analyzed in isolation from one another. In particular, the state provides a focus for the study of statecraft within a given constellation of institutional and interest formations and public cultures. And yet statecraft itself cannot be detached from an analytic focus on the role of incentives, which must be effectively manipulated in order to preserve the fundamental functions of the state.

THE ROLE OF ESTRADIOL IN THE SUSTENTATION OF FETOPLACENTAL SYSTEM

2016 ◽  
Vol 1 (61) ◽  
pp. 75-79
Author(s):  
Андриевская ◽  
Irina Andrievskaya ◽  
Луценко ◽  
Mikhail Lutsenko ◽  
Довжикова ◽  
...  
Keyword(s):  
The State ◽  
Cmv Infection ◽  
Histochemical Reaction ◽  
Third Trimester ◽  
Paraffin Sections ◽  
Igg Antibody ◽  
The Third ◽  
Exchange Processes ◽  
Hormonal Dysfunction

The aim of the study is to define the role of abnormalities in the formation of estriol hormones in the development of hormonal dysfunction of fetoplacental system. There were examined 39 placentas from women with exacerbation of chronic cytomegalovirus infection at the third trimester of pregnancy and IgG antibody titer 1:1600 and 30 placentas from women with latent CMV infection and titer 1:400. The activity of androstenedione dehydrogenase was found out with histochemical method on cryostat sections of freshly frozen tissues of placentas by Lloyd’s method. The assessment of intensiveness of histochemical reaction was done with cytophotometric method by Scion program. Estradiol in homogenate of placenta was measured with immune-enzyme method. The quantity of nuclei of placenta syncytiotrophoblast in the state of apoptosis was done with cytophotometric method on paraffin sections stained by ISEL method. By the results of the study the exacerbation of CMV infection at the third trimester of pregnancy leads to the decrease of intensiveness of histochemical reaction in placentas to androstenedione dehydrogenase till 32.1±2.88 pixel/mcm2 (at the latent course it is 54.2±4.31 pixel/mcm2, р<0.001), and in homogenate of placenta to the decrease of estradiol till 18443.2±117.53 pmole/l (at the latent course of the disease it is 28977.7±158.13 pmole/l, p<0.001), on paraffin sections in syncytiotrophoblast by the increase of nuclei number in the state of apoptosis till 5.0±0.03% (at latent course of the disease it is 1.2±0.001%, р<0.001) and vacuole formation, which leads to destructive damages of syncytiotrophoblast cytoplasm. The obtained results prove that the exacerbation of CMV infection at the third trimester of pregnancy causes the decrease of estriol hormones formation, which is accompanied by the damage of morphostructure and exchange processes in cell elements of placenta.

The Development of Financial Control in Russia in the Soviet Era

Auditor ◽  
2019 ◽  
Vol 5 (7) ◽  
pp. 31-37
Author(s):  
Ольга Степанова ◽  
ol'ga stepanova
Keyword(s):  
The State ◽  
Soviet Period ◽  
Financial Control ◽  
Legal Basis ◽  
Factors Affecting

Th e article deals with the historical stages of the formation of state financial control in Russia, the legal basis of its implementation and the factors affecting the control activities in the Soviet period. Th e development of state financial control bodies during the Soviet era is schematically presented; their tasks and functions are outlined. Th e article shows the role of financial control in the control activities of the state.

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