scholarly journals Gambaran Profil Psikologis Psychopathy Symptoms pada Tahanan Wanita Kasus Korupsi di Lapas Wanita Kelas IIA Sukamiskin Bandung

MANASA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 98-106
Author(s):  
Medwin Wisnu Prabowo
Keyword(s):  
Marital Relationships ◽  
Middle Level ◽  
Work Setting ◽  
Female Inmates ◽  
Short Term ◽  
Good Relationship ◽  
Low Level ◽  
The Law ◽  
To Receive ◽  
Harmonious Family

There are many crimes that happened in this era, which one of them is corruption. Corruption has become a major phenomenon for each country in this world. Even more, it is not only male who doing the corruption, but female also. They were get some money to satisfy themselves although they have to break the law. This phenomenon has attracted researcher to study the female inmates who was doing corruption, and its relation to psychopathic symptom. Three female inmates in Sukamiskin Penitentiary Institute Class IIA – Bandung, who were convicted based on corruption cases, were chosen as subjects of this study. The result showed that all of three female inmates have a tendency to become a Psychopath, but in the low level to middle level tendencies. The three dominant Psychopathic Symptoms that found: pathological lying, lack of remorse or guilt, and short-term marital relationships. It can be summarized and recommended that among 3 subjects need to receive a counseling and/or psychoeducation so they will be more honest in their work setting, and to educate them that its important to have a good relationship to build a harmonious family.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

Protecting the Desperate: The Regulation of Payday Lending

2015 ◽  
Vol 43 (1) ◽  
pp. 147-176
Author(s):  
Andrew J Serpell
Keyword(s):  
Consumer Credit ◽  
Law Reform ◽  
Payday Lending ◽  
Short Term ◽  
Payday Loans ◽  
The Law ◽  
The Right ◽  
Credit Contracts ◽  
The Cost

Payday loans are small-amount, short-term, unsecured, high-cost credit contracts provided by non-mainstream credit providers. Payday loans are usually taken out to help the consumer pay for essential items, such as food, rent, electricity, petrol, broken-down appliances or car registration or repairs. These consumers take out payday loans because they cannot — or believe that they cannot — obtain a loan from a mainstream credit provider such as a bank. In recent years there has been a protracted debate in Australia — and in several overseas jurisdictions — about how to regulate the industry. Recent amendments to the National Consumer Credit Protection Act 2009 (Cth) — referred to in this article as the 2013 reforms — are designed to better protect payday loan consumers. While the 2013 reforms provide substantially improved protection for payday loan consumers, further changes to the law may be warranted. This article raises several law reform issues which should be considered as part of the 2015 review into small amount credit contracts, including whether the caps on the cost of credit are set at the right level, whether the required content and presentation of the consumer warnings needs to be altered, whether more needs to be done to protect consumers who are particularly disadvantaged or vulnerable and whether a general anti-avoidance provision should be included in the credit legislation.

Global Governance of Deep-Sea Fisheries

2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi
Keyword(s):  
Global Governance ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Governance System ◽  
Legal Regime ◽  
Short Term ◽  
Fish Stocks ◽  
The Law ◽  
Global Agreement ◽  
High Seas

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies

ANALYSIS OF THE NATURE OF THE EUROPEAN DIGITAL TAX IN COMPARISON WITH THE CURRENT VAT SYSTEM AND ITS IMPACT ON THE ECONOMY AND MANAGEMENT OF ECONOMIC ENTITIES

2021 ◽  
Vol 2 (4) ◽  
pp. 42-48
Author(s):  
S. V. ZAYTSEV ◽  
Keyword(s):  
European Union ◽  
Civil Society ◽  
European Commission ◽  
Value Added ◽  
The European Union ◽  
Value Added Tax ◽  
Short Term ◽  
Low Level ◽  
Digital Services ◽  
The Many

In March 2018 the European Commission presented a proposal to adopt a digital services tax (DST) on certain types of revenues of multinational digital Companies. The purpose of the digital services tax is to compensate in the short term for the low level of corporate taxation of these companies in the European Union and thus meet the urgent need of civil society for greater tax fairness. DST is presented as an indirect tax on turnover and is often compared to value-added tax (VAT). In this article, the author seeks to highlight the many differences that exist between the harmonized European Union VAT and the new DST. In addition, the author challenges the idea that the DST will actually be an indirect tax and, most importantly, that it will effectively increase tax justice in the European Union.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

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