scholarly journals KRIMINALISASI KORPORASI DALAM TINDAK PIDANA KORUPSI TERKAIT BUMN PERSERO

2013 ◽  
Vol 2 (2) ◽  
pp. 309
Author(s):  
Moch Iqbal
Keyword(s):  
Law Enforcement Officers ◽  
Social Engineering ◽  
Public Law ◽  
The State ◽  
Cooperation Agreement ◽  
The Public ◽  
The Subject ◽  
Meaning Of Money ◽  
Financial Losses ◽  
International View

Differences in the interpretation of the meaning of money the State and the State financial losses in our legal system relating to the criminalization of corporations has presented obscurity to universal norms and the law itself, when the offense of corruption seemed forced into a business cooperation agreement with the subject of international law involving other countries, raises international view that there is no rule of law in Indonesia. Should the option of thinking about state finances and the State loss, the choice is not on the Living Law (public will accept false), but the awareness of the public law that should be changed by law, Law as a tool of social engineering, so that law enforcement officers must actively change the legal awareness. Keywords: Corruption, corporations, State-Owned Limited

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals Criterios definidores y conceptuales del enfoque basado en derechos humanos: de la teoría a la práctica

2017 ◽  
pp. 43-86
Author(s):  
Alfonso CHACÓN MATA
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Public Administration ◽  
Public Policies ◽  
The State ◽  
The Public ◽  
First Order ◽  
Derechos Humanos ◽  
The Subject ◽  
Human Rights Based Approach

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.

scholarly journals Art. XXI.—Some Account of the Systems of Law and Police as recognised in the State of Nepál

1834 ◽  
Vol 1 (2) ◽  
pp. 258-279 ◽  
Author(s):  
Brian Houghton Hodgson
Keyword(s):  
The State ◽  
Separate Paper ◽  
The Public ◽  
Asiatic Society ◽  
The Subject ◽  
Careful Comparison ◽  
Satisfactory Manner ◽  
Royal Asiatic Society

[With a view to obtain correct and authentic information on the subject of Nepálese law, both in its theoretical principles and practical administration, Mr. Hodgson addressed a series of questions to several individuals who were judged most capable of replying to them in a full and satisfactory manner. Copies of these series of interrogatories, with their respective answers, have been communicated by him to the Royal Asiatic Society (together with a separate paper on crimes and punishments); and the following article has been drawn up from a careful comparison of the whole, excluding as much as possible the repetitions unavoidably occurring, in many instances, in the various answers to any particular question. A reference to the works of Kirkpatrick, Hamilton, and others, will shew how little has hitherto been contributed to the knowledge of Europeans respecting Oriental systems of jurisprudence, as far as regards the kingdom of Nepal; it is therefore particularly gratifying to be enabled to produce so complete a view of the subject as has been furnished by Mr. Hodgson, whose perseverance and energy in obtaining an acquaintance with these and other matters hitherto kept sacred from all strangers, are only equalled by the intelligent and liberal manner in which he communicates to the public the information he has acquired.—Ed.

Report of Her Majesty's Commissioners appointed to enquire into the State of Lunatic Asylums in Scotland, and the existing Law in reference to Lunatics and Lunatic Asylums in that part of the United Kingdom. 1857

1857 ◽  
Vol 3 (22) ◽  
pp. 548-566
Author(s):  
J. C. B.
Keyword(s):  
United Kingdom ◽  
The State ◽  
Good Sense ◽  
The Public ◽  
The United Kingdom ◽  
The Subject ◽  
Lunatic Asylums

On few occasions has the great heart of the public been more deeply moved than by the recent revelations of the Scotch Lunacy Report. The report itself is a document remarkable not only for the information it contains, but for the soundness of opinions which it expresses, and for its general good sense, moderation, and justice. It is excellent, both in matter and manner, and is highly creditable not only to the whole of the Commissioners, whose industry in their vocation it illustrates, and whose opinions it enunciates, but it is so in the highest degree to the particular Commissioner to whom was entrusted the task of drawing it up, and whose enlightened views and wide knowledge on the subject of insanity, our associates will have no difficulty in recognising.

scholarly journals VIII.—A Letter of Sir Henry Lee, 1590, on the trial of Iron for Armour

Archaeologia ◽  
1888 ◽  
Vol 51 (1) ◽  
pp. 167-172 ◽  
Author(s):  
Harold Arthur Dillon
Keyword(s):  
The State ◽  
The Public ◽  
Public Record ◽  
The Subject

The Letter from Sir Henry Lee, Master of the Armoury to Elizabeth, addressed to Lord Burghley, which forms the subject of this paper, has not before been printed. It is calendared among the State Papers, in the Public Record Office, and is holograph bearing the date 12 Oct. 1590.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

Kennewick Man: coming to closure

Antiquity ◽  
2015 ◽  
Vol 89 (348) ◽  
pp. 1485-1493 ◽  
Author(s):  
David J. Meltzer
Keyword(s):  
New York ◽  
Television News ◽  
New York Times ◽  
Human Remains ◽  
The State ◽  
Popular Press ◽  
The New York Times ◽  
The Public ◽  
The Subject

Few human remains from the distant past have achieved the public visibility and notoriety of Kennewick Man (the Ancient One). Since his discovery in July 1996 in the state of Washington, he has appeared on one of America's best-known television news programmes,60 Minutes. He has been on the cover ofTimemagazine and in the pages ofPeople,NewsweekandThe New York Times.He has been the subject of popular press books (Downey 2000; Thomas 2000; Chatters 2001), and for many years running there were almost annual updates on his whereabouts and status inScience(some 30 in the decade following his discovery). That is saying nothing of the scholarly notice and debate he has drawn (e.g. Swedlund & Anderson 1999; Owsley & Jantz 2001; Steele & Powell 2002; Watkins 2004; Burkeet al. 2008), including a recently issued tome marking the culmination of almost a decade of study (Owsley & Jantz 2014a).

scholarly journals Responsabilidade do gestor público e a judicialização da saúde no contexto do Estado do Ceará / Responsibility of the public manager and health judicialization in the context of the State of Ceará

2018 ◽  
Vol 11 (3) ◽  
pp. 2042-2069
Author(s):  
Rômulo Luiz Nepomuceno Nogueira ◽  
Mariana Dionísio De Andrade
Keyword(s):  
Public Administration ◽  
Personal Responsibility ◽  
Research Problem ◽  
Qualitative Approach ◽  
The State ◽  
Public Health Services ◽  
Social Phenomena ◽  
The Public ◽  
The Subject ◽  
Public Manager

 DOI: 10.12957/rqi.2018.29241  ResumoO presente artigo se propõe a responder ao seguinte problema de pesquisa: deveria o gestor público responder pessoalmente pela ineficiência na prestação dos serviços públicos de saúde? O artigo possui como objetivo a análise da responsabilidade do gestor público, no âmbito do Estado do Ceará, diante do fenômeno da judicialização da saúde, demonstrando seus impactos na Administração Pública e para o próprio burocrata na gestão da pasta. O estudo possui abordagem qualitativa, porque interpreta a relação de causalidade entre fenômenos jurídicos e sociais, e possui suporte em elementos quantitativos, na medida em que utiliza dados mensuráveis e padrões numéricos para a melhor compreensão do assunto. Conclui-se que a ineficiência do Estado na promoção da saúde não poderia ser resolvida apenas por um administrante, que poderá sofrer sanção judicial por fatos anteriores à sua gestão. Verifica-se, ainda, a relevância do contínuo debate acerca dos meios de resolubilidade da judicialização da saúde, considerando a abrangência e importância essencial desse direito fundamental.Palavras-chave: Judicialização da Saúde; Responsabilidade Pessoal; Gestor Público; Ineficiência do Estado; Resolubilidade da Judicialização.AbstractThe present article proposes to answer the following research problem: should the public manager respond personally for the inefficiency in the provision of public health services? This article aims to analyze the responsibility of the public manager, in the context of the State of Ceará, facing the phenomenon of health judicialization, demonstrating its impact on the Public Administration and on the bureaucrat himself in the management of the agenda. The study has a qualitative approach, because it interprets the causal relationship between legal and social phenomena, and has support in quantitative elements, in that it uses measurable data and numerical standards to the better understanding of the subject. It is concluded that the inefficiency of the State in the promotion of health could not be solved only by an administrator, who could suffer judicial sanction for facts previous to his management. It is also verified the relevance of the continuous debate about the means of resolubility of the health judicialization, considering the comprehensiveness and essential importance of this fundamental right.Keywords: Health Judicialization; Personal Responsibility; Public Manager; Inefficiency of the State; Resilubility of the Judicialization.

scholarly journals PENGELOLAAN PEMBINAAN KEAGAMAAN ISLAM PADA NARAPIDANA DI RUMAH TAHANAN NEGARA KELAS II B PINRANG

2019 ◽  
Vol 15 (1) ◽  
pp. 1-22
Author(s):  
Heriadi Heriadi
Keyword(s):  
The State ◽  
Religious Development ◽  
Religious Knowledge ◽  
State Prison ◽  
The Public ◽  
Management Coaching ◽  
Research Findings ◽  
The Subject ◽  
Class Iib ◽  
Or Organization

The purpose of this study was to determine the shape and effectiveness of management coaching Religious on Inmates at the State Prison Class IIB Pinrang. His research is descriptive - qualitative do research intensive, detail and depth to an institution or organization. Data were collected through interviews, documentation and observation. The results of the interview, documentation and observation are then analyzed with descriptive techniques. Examination of the validity of the data carried by the data reduction means summarizing, choose things that are the subject then presenting the data and draw conclusions from the research results. Based on analysis of data obtained from the research findings at the State Prison Class IIB Pinrang namely (1) the form of implementation guidance Islamic religious to prisoners in the State Prison Class IIB Pinrang is: Duha prayer, prayers, religious lectures, and learning to read Aquran. In addition to coaching is done on a regular basis, there is also carried out routine not only on a particular event, namely: Ramadan in Rutan and Day of the Islam. (2) the effectiveness of the religious development of Islam in State Prison Class IIB Pinrang can be quite successful, although not performing optimally. It can be found with many improvements occurred against religious knowledge inmates as evidenced by their ability to read the Koran but requires hard work and a long process, the depth of the spiritual increases with the presence of several inmates who changed the character and find peace after being in prison. Was concluded that, the management of Islamic religious guidance to prisoners of great benefit and the benefit that can be felt by all parties, either by inmates, the families of prisoners, the public or by Rutan itself. But the result of the construction that has been achieved still needs to be improved.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

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