PEMBENTUKAN PERATURAN DAERAH DALAM PENYELENGGARAAN OTONOMI DAERAH

Regulations in the area of regional autonomy is as a policy instrument in the regional administration of the widest. The formation of local regulations in accordance with the public interest its implementation should be based on the principles of local autonomy and substance of local regulations must not conflict with the public interest and the law is higher. Abstrak Peraturan di bidang otonomi daerah adalah sebagai instrumen kebijakan dalam pemerintahan daerah yang seluas-luasnya. Pembentukan peraturan daerah sesuai dengan kepentingan publik pelaksanaannya harus didasarkan pada prinsip-prinsip otonomi daerah dan substansi peraturan daerah tidak boleh bertentangan dengan kepentingan publik dan hukum lebih tinggi.

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Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

Journal of British Studies ◽

10.1017/jbr.2015.113 ◽

2015 ◽

Vol 54 (4) ◽

pp. 926-946 ◽

Cited By ~ 3

Author(s):

Helen MacDonald

Keyword(s):

Twentieth Century ◽

Public Interest ◽

Spare Part ◽

Organ Transplants ◽

Legal Requirement ◽

The Public ◽

The Law ◽

Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

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RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-4-112-138 ◽

2021 ◽

Vol 11 (4) ◽

pp. 112-138

Author(s):

D.A. FEDYAEV

Keyword(s):

Public Interest ◽

Developed Countries ◽

Foreign Investor ◽

Foreign Investors ◽

The Public ◽

Right Of Action ◽

Judicial Proceedings ◽

The Law ◽

Business Entities ◽

The Right

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.

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PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i1.2276 ◽

2018 ◽

Vol 1 (1) ◽

pp. 1859

Author(s):

Yoki Kurniawan ◽

Hanafi Tanawijaya

Keyword(s):

Public Interest ◽

Research Method ◽

Code Of Ethics ◽

Supervisory Board ◽

The State ◽

The Public ◽

The Law ◽

Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

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The Role of the Directors

10.1093/oso/9780198858874.003.0007 ◽

2021 ◽

pp. 125-194

Author(s):

Eva Micheler

Keyword(s):

Public Interest ◽

Company Law ◽

Economic Interests ◽

Financial Reports ◽

The Public ◽

Company Directors ◽

The Board Of Directors ◽

The Law ◽

The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

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Should Research Ethics Committees Be Observing the Law or Working by Ethical Principles?

Research Ethics ◽

10.1177/174701610500100105 ◽

2005 ◽

Vol 1 (1) ◽

pp. 23-26 ◽

Cited By ~ 4

Author(s):

Charles Warlow

Keyword(s):

Clinical Research ◽

Research Ethics ◽

Public Interest ◽

Ethics Committees ◽

Unintended Consequences ◽

Research Ethics Committees ◽

Individual Interest ◽

The Public ◽

The Law ◽

The Individual

Recent laws, and their interpretation, have made clinical research more difficult to do, and sometimes impossible. Furthermore the results of that research which can be done may even be unreliable. This is certainly against the public interest, and indeed the individual patient interest as well. But ethics committees have to abide by the law and so even though it is surely unethical to work against the public and individual interest that is exactly what ethics committees now have to endorse. The unintended consequences of the new regulations must be reduced by amending the law.

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PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

Roczniki Administracji i Prawa ◽

10.5604/01.3001.0014.4245 ◽

2020 ◽

Vol 3 (XX) ◽

pp. 223-233

Author(s):

Przemysław Niemczuk

Keyword(s):

Public Interest ◽

National Interest ◽

The State ◽

Social Conditions ◽

The Public ◽

Relative Term ◽

The Law ◽

Distribution Of Power ◽

The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

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The Construction of Law Neutrality of State Civil Apparatus in the Simultaneous Local Election in Indonesia

Yuridika ◽

10.20473/ydk.v34i2.7926 ◽

2019 ◽

Vol 34 (2) ◽

pp. 237

Author(s):

Agus Riwanto

Keyword(s):

Public Interest ◽

Constitutional Law ◽

Career Guidance ◽

Central Government ◽

Local Elections ◽

Regional Autonomy ◽

The Public ◽

Local Election ◽

Neutrality Of State ◽

The Right

This article will examine and explore the urgency of the state's civil apparatus to be neutral in the simultaneous local election. State civil apparatus is an apparatus that works to serve the public interest rather than serve a particular group. That is why the need for the construction of constitutional law in an effort to create regulations in order the state civil apparatus has to be neutral. The construction by progressive constitutional law is by looking for new ways or role breaking and innovative breakthroughs, if the normal way and normative unable to immediately realize the objectives of the simultaneous local elections. There are three ways: First, to revoke the right to vote of state civil apparatus in the general election. Second, models political apointee bureaucracy in the local government. Third, change the model of career guidance state civil apparatus fom government regional autonomy to the central government by rank or class.

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ESSENSI GANTI RUGI IMMATERIEL DALAM PERBUATAN MELANGGAR HUKUM MENURUT PUTUSAN HAKIM PERDATA INONESIA

Hukum Dan Dinamika Masyarakat ◽

10.36356/hdm.v16i2.1029 ◽

2019 ◽

Vol 16 (2) ◽

Author(s):

Markus Suryoutomo

Keyword(s):

Social Movements ◽

Public Interest ◽

Civil Code ◽

Judicial Discretion ◽

Court Decisions ◽

National Legislation ◽

The Public ◽

The Law ◽

Legal Consequences

<p>Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found</p>

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IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

Administrative law and process ◽

10.17721/2227-796x.2019.4.01 ◽

2019 ◽

pp. 5-14

Author(s):

Peter Chvosta

Keyword(s):

Public Interest ◽

Legal Protection ◽

The Public ◽

Legal Provisions ◽

Public Rights ◽

Administrative Act ◽

The Law ◽

Administrative Jurisdiction ◽

The Individual ◽

Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

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