Noise Pollution: Concept and Remedies

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr. Rajeev Singh Rathi
Keyword(s):  
Criminal Law ◽  
Noise Pollution ◽  
Not Given ◽  
Human Beings ◽  
Procedure Code ◽  
Long Run ◽  
The Supreme Court ◽  
Public Nuisance ◽  
Free Environment ◽  
Civil Laws

In Subhash Kumar vs State of Bihar (1991) 1 scc598, the Supreme Court included pollution free environment as a part of dignified life under Article 21 of Indian Constitution. In India Noise Pollution is not given as much weightage as it requires .It was never considered pollutant in our society. Now the time has come when everybody has to think either to survive or perish. If the pollution (Noise or Others) are not controlled the human beings can not survive in the long run. Remedies for noise pollution are scattered under different-different statutes either in Civil laws or in Criminal laws. In the civil law it is covered in Nuisance. In Criminal law it is a crime and defined under section 268 of IPC as public nuisance and punishable under sections 290 and 291 0f IPC, read with section 133 of the Criminal Procedure Code, 193.

scholarly journals Penyelesaian Perkara Pencurian sebagai Tindak Pidana Ringan Pasca Peraturan Mahkamah Agung Nomor 2 Tahun 2012

2021 ◽  
Vol 2 (1) ◽  
pp. 19-24
Author(s):  
Gede Mahadi Waisnawa Hanata Putra ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Research ◽  
East Indies ◽  
Procedure Code ◽  
The Supreme Court ◽  
A Minor

Indonesian Criminal Law is currently a legacy from the Dutch East Indies Government which has been adapted and passed by Law No. 16 of 1946 to be implemented nationally. The purpose of this research is to describe the regulation of theft of minor crimes in the Criminal Code before the Supreme Court Regulation Number 2 of 2012 and to describe the juridical consequences of Supreme Court Regulation No.2 of 2012 on theft as a minor criminal act in the Criminal Code. This research uses normative legal research methods. The results show that according to Article 206 of the Criminal Procedure Code, procedures for granting authority to investigate and review cases are carried out by the investigator himself and should not be disturbed by the prosecutor. This Perpres adjusts articles 364, 373, 379, 384, 407 and article 482 of the Criminal Code to Rp. 2,500,000.00. Therefore, fulfill this element of the requirement and enter a case where the value of the commodity does not exceed Rp. 2,500,000.00. Therefore, the case is examined by expedited procedure, which is tried by a judge, and the assignment and review of the case is carried out by the investigator himself without the interference of the prosecutor.

scholarly journals Right to Environment and Right to Development: A Judicial Conundrum

1970 ◽  
Vol 1 (1) ◽  
pp. 49-68
Author(s):  
Uday Shankar ◽  
Saurabh Bindal
Keyword(s):  
Basic Structure ◽  
The State ◽  
Fundamental Rights ◽  
Human Beings ◽  
Supreme Court Of India ◽  
Right To Development ◽  
The Supreme Court ◽  
The Status ◽  
Free Environment ◽  
The Right

Pollution free environment is indispensible for the inhabitants of this planet. The Supreme Court of India taking cognizance of the same in its judicial creativity has accorded the right to live in a pollution free environment the status of a fundamental right under Article 21 of the Constitution of India. At the same time, right to development places human beings at the centre of development casting an obligation on the state to ensure the benefits of development to the citizenry. Interestingly, both right to environment and right to development draw their genesis from Article 21 of the Constitution. Such affirmation of rights necessarily presents a question of compliance by the state. This paper traces the origin of right to environment and right to development in the larger context of the fundamental rights. It critically examines the usefulness of declaration of these rights under the scheme of the Constitution. It argues that the judiciary in its judicial creativity has made unreasonable interference into the matters reserved for the executive which is not in accordance with the basic structure of the Constitution. The paper calls for maintenance of harmony between the two organs of the state.

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.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

Why Repentance Affects Divine Punishment but Not Human Punishment?

2015 ◽  
Vol 4 (1) ◽  
pp. 96-115
Author(s):  
Shoval Shafat
Keyword(s):  
Criminal Law ◽  
Human Beings ◽  
The Status ◽  
Divine Punishment ◽  
Divine Mercy ◽  
Rabbinic Courts

The aim of the discussion in this article is to explore two different Rabbinic explanations for the status of repentance in human and divine punishment, and to emphasize the essential distinction between them. According to the first explanation the source of accepting repentance is divine mercy upon human beings. Since mercy is not a legitimate consideration in conviction or even in determination of punishment in Jewish criminal law there is no wonder why repentance does not have any role during the criminal procedures in rabbinic court. According to the second explanation the acceptance of repentance by God is similar to the acceptance of flattery and bribe by a Roman corrupted judge. God decides to accept repentance and to forgive the transgressors since it better serves God’s interests. This analogy between repentance and flattery and bribery then explains why rabbinic courts do not take repentance into account.

The Income Elasticity of Gross Sports Betting Revenues in Nevada: Short-Run and Long-Run Estimates

2021 ◽  
pp. 152700252110369
Author(s):  
Ege Can ◽  
Mark W. Nichols
Keyword(s):  
Income Elasticity ◽  
Similar Rate ◽  
Sports Betting ◽  
Tax Base ◽  
Income Elasticities ◽  
Long Run ◽  
Sports Gambling ◽  
The Supreme Court ◽  
Short Run ◽  
State Income

In May 2018, the Supreme Court overturned the Professional and Amateur Sports Protection Act, thereby allowing all states to offer sports betting. Prior to this, Nevada was the only state with unrestricted sports betting. Using sports betting data from Nevada, we estimate long-run and short-run income elasticities to determine the growth and volatility of sports betting as a tax base. Sports gambling grows at a similar rate as state income and is stable and insensitive to short-run shocks to income. However, the amount of money kept by casinos, and hence the state, is small compared to other traditional tax bases.

Introduction: Criminal Law

1998 ◽  
Vol 11 (1) ◽  
pp. 3-5
Keyword(s):  
Criminal Law ◽  
Common Good ◽  
Criminal Responsibility ◽  
Human Beings ◽  
Public Response ◽  
The Public ◽  
Moral Basis ◽  
Fertile Ground ◽  
Justification Of Punishment ◽  
Criminal Conduct

It is hardly surprising that philosophers have long regarded the criminal law as fertile ground. As the most visible application of state power, the criminal law raises issues of the first importance to political philosophy: issues of liberty, justice, and the common good. In announcing and enforcing rules of behaviour the criminal law connects with the concerns of moral philosophers, who have paid particular attention to the justification of punishment and the moral basis of criminal responsibility. Lastly, since the criminal law is typically concerned with the actions of human beings, it raises issues in the philosophy of action. Philosophers have devoted much attention to such central criminal law concepts as voluntariness, intention, and causation.The essays collected here explore topics which fall into three broad groups: the interests protected by the criminal law, the relation of agents to outcomes, and defenses to otherwise criminal conduct. Criminal law protects certain types of interests against certain kinds of invasions. Not everything that sets back a person’s interests is subject to legal sanction. Among those interests that the law deems worthy of protection, only certain kinds of invasions merit criminalization. The papers by Marshall and Duff, Hampton, Lacey, and Brett all touch on issues of the moral basis of criminalization. Marshall and Duff focus on the general issue of criminalization, arguing that crimes merit a certain kind of public response because they are attacks on the public. Drawing out the implications of the familiar fact that the state is a party to a criminal proceeding, they argue that the criminal law appropriately addresses wrongs that are shared by the wider community. For Marshall and Duff, criminalization is about deciding that a wrong against one person is serious in a way that makes it a wrong against everyone in the community, and demands a collective response.

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