False Publicity Crime in the Public Official Election Act and the Invalidation of the Election from the Perspective of Democracy - Supreme Court En Banc Decision 2019do13328 Decided July 16, 2020 -

The Justice ◽  
2021 ◽  
Vol 183 ◽  
pp. 683-725
Author(s):  
Seonwha Kim
Keyword(s):  
Supreme Court ◽  
Public Official ◽  
The Public

Obligation to Prove Appearer Document Authenticity as Deelneming Claim Exception

2020 ◽  
Vol 9 (3) ◽  
pp. 761
Author(s):  
Agus BUDIANTO ◽  
Jonker SIHOMBING ◽  
Veronica Dini KRISSANTI ◽  
Silvia JAMIN ◽  
Rudy PRAMONO ◽  
...  
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Standard Operating Procedure ◽  
Criminal Code ◽  
Primary Data ◽  
Legal Services ◽  
Public Official ◽  
The Public ◽  
Law And Ethics ◽  
Ethics Code

Notary is a public official who provides legal services to the public. Notary's Authorities are regulated in Article 16 paragraph (1) of Law Number 2 of 2014 on Amendment to Law Number 30 of 2004 on Position of Notary. Based on data of Directorate of General Criminal Investigation Metro Jaya in 2014 and 2017, the number of Notaries who were placed as suspects and witnesses of criminal acts and falsification were increased. It was because of the absence of obligation to prove appearer document authenticity as contained in Supreme Court Decree Number 702 K/Sip/1973, September 5, 1973. The research was sociological normative by testing the truth of deelneming criminal exception with secondary data, supported by primary data in the form of interviews, using non-random purposive sampling. Theory of lesser evil made Notary is excluded from deelneming claim in Article 55 of Criminal Code on documents falsification, as long as the Public Notary applies 2015 Law and Ethics Code, and ignores Supreme Court Decree Number 702 K/Sip/1973, September 5, 1973. Further, he continues to conduct his duties within a standard operating procedure for himself and related agencies when proving the documents in the form of minutes. Therefore, this exception principle in falsification is given conditionally. It applies to Notary if he can prove that he has conducted an act to prove appearer documents).

scholarly journals Is The Pcaob a “Heavily Controlled Component” Of The Sec?: An Essential Question In The Constitutional Controversy

2009 ◽  
Vol 71 (3) ◽  
Author(s):  
Donna M. Nagy
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
Free Enterprise ◽  
Public Companies ◽  
The Public ◽  
Sarbanes Oxley ◽  
Public Company ◽  
Essential Question ◽  
The U.S

The U.S. Supreme Court recently heard oral arguments in Free Enterprise Fund v. Public Company Accounting Oversight Board, described as “the most important separation-of-powers case regarding the President’s appointment and removal powers to reach the courts in the last 20 years.” Established by Congress as the cornerstone of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or the “Act”), the Public Company Accounting Oversight Board (the “PCAOB” or the “Board”) was structured as “a strong, independent board to oversee the conduct of the auditors of public companies.” Its principal mission was to prevent the type of auditing failures that contributed to the scandals at Enron, WorldCom, and numerous other public companies in the period leading up to the passage of the Act.

scholarly journals ANALISIS PENERAPAN WILAYAH KERJA PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 DI PROVINSI DKI JAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 267
Author(s):  
Ivandi Setiawan ◽  
Rasji .
Keyword(s):  
Government Regulation ◽  
Property Right ◽  
Public Official ◽  
Legal Certainty ◽  
The Public ◽  
Work Area ◽  
The Government ◽  
The Right

PPAT is a public official authorized to make authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. Government Regulation No. 24 of 2016 is the latest regulation made by the government to regulate provisions on PPAT. in Government Regulation No. 24 of 2016 in Article 12 paragraph one explained that the scope of work area of PPAT is expanded into one province where in the previous regulation that is government regulation number 37 year 1998 explained that the scope of work of PPAT is only limited to district only. but the fact is now the government regulation number 24 of 2016 has not been applied efficiently, especially in terms of the scope of work of PPAT, it happens because of several factors that hamper causing the loss of effectiveness in Article 12 Paragraph one of Government Regulation No. 24 of 2016 . it is of course also contrary to the legal certainty that the public should have legal certainty with the enactment of the government regulation number 24 of 2016 by the government then the regulation should be applicable in the scope of the working area of PPAT should be applicable in practice in the community. contrary to lex posterior derogate legi priori principle which explains that in the same rules the new rules can replace the old rules. the approach used in this study using the approach of law.

Ustalenie właściwości organu administracji publicznej w zakresie prowadzenia egzekucji obowiązkowych szczepień ochronnych i występowania z wnioskiem o ukaranie za uchylanie się od tego obowiązku

2021 ◽  
Vol 2 (70) ◽  
pp. 33-49
Author(s):  
Sebastian Czechowicz
Keyword(s):  
Supreme Court ◽  
Public Administration ◽  
The State ◽  
The Public ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Preventive Vaccination ◽  
Administrative Courts ◽  
Legislative Changes

The article is devoted to determine the authority competent to carry out the execution of the obligation to vaccinate, as well as the authority competent to apply for punishment of those who persistently evade preventive vaccinations on the basis of the Code of Misdemeanours in Poland. After analysing the competencies of the public administration bodies and comparing them with the judicial decisions of the administrative courts and the Supreme Court issued in cases involving mandatory preventive vaccination, which present an inconsistent line of jurisprudence, the author concludes that the enforcement body is the province governor. However, it is necessary to postulate legislative changes, primarily in the area of the possible transfer of competencies from the province governor to the State Sanitary Inspection.

Cost Containment in the Health Care Field and the Antitrust Laws

1982 ◽  
Vol 7 (4) ◽  
pp. 425-435
Author(s):  
David I. Shapiro
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
The United States ◽  
Medical Society ◽  
The Public ◽  
The Supreme Court ◽  
Antitrust Laws ◽  
Care Field ◽  
Antitrust Analysis ◽  
Care Costs

AbstractThe Supreme Court of the United States and other courts currently are considering the question of the extent to which the health care field should be subject to antitrust rules. This Article explores the special characteristics of the health care field, and the problems they create for antitrust analysis. Two current cases—Arizona v. Maricopa County Medical Society (awaiting decision by the Supreme Court) and Kartell v. Blue Shield of Massachusetts, Inc. (pending in the District of Massachusetts)—illustrate the issues raised by efforts to contain health care costs through the setting of maximum fees. This Article suggests that traditional antitrust principles should and will prevail over arguments that such restraints are in the public interest.

A History of Public Mapping

2018 ◽  
pp. 16-28
Author(s):  
Michael P. McDonald ◽  
Micah Altman
Keyword(s):  
Supreme Court ◽  
Open Source ◽  
General Public ◽  
High Speed ◽  
Public Access ◽  
The Public ◽  
The Supreme Court ◽  
History Of ◽  
Equal Population ◽  
The Web

This chapter discusses the history of public mapping. The earliest reform efforts in redistricting were made possible because districts were primarily drawn out of large geographic units such as counties, which greatly simplified the redistricting task. That task grew more complex in the early 1960s, when the Supreme Court ruled that districts had to be of roughly equal population: counties would now often have to be split between two or more districts. The increasing computational demands effectively shut the public out of redistricting, since redistricting could be performed only on extremely costly computer systems. The reemergence of public mapping began in the 1990s, when states began offering public access to computer terminals loaded with their redistricting software and data. Eventually, two technological innovations by 2010 made public mapping available to the general public. Organizations and individuals are now able to leverage high-speed internet and open-source software to disseminate easy-to-use redistricting systems through the Web.

Chinese Citizenry Social Media Pressures and Public Official Responses

2020 ◽  
pp. 139-181
Author(s):  
James Robert Masterson
Keyword(s):  
Social Media ◽  
Public Domain ◽  
Chinese Government ◽  
Public Official ◽  
Government Officials ◽  
The Public ◽  
Access Information ◽  
The Government ◽  
Use Of Social Media ◽  
High Level

Widespread use of social media in China is a double edged sword: social media offers opportunities for the government to connect with society, gauge the opinion of citizens in the public domain, and allow citizens to voice their anger when necessary by blowing off steam online rather than in the streets. However, social media also allows citizens to access information outside of China much more rapidly and efficiently and to link up and communicate with other citizens much more quickly. Social media allows users to share texts, photos, and files, making it much more difficult for the government to control information and to thwart organizing for political purposes. In some instances, the use of social media has forced the Chinese government to take actions that it otherwise would not have done or to reverse actions or policies already set in place. The goal of this chapter is to illustrate the double-edged sword that social media poses to government officials in China, particularly high-level party officials in Beijing.

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