scholarly journals Konsep Pembagian Harta Bersama Akibat Perceraian dalam Perkawinan Siri

2019 ◽  
Vol 9 (2) ◽  
pp. 69-76
Author(s):  
Nourma Dewi ◽  
Raharno .
Keyword(s):  
Research Methods ◽  
The State ◽  
Main Condition ◽  
The Law

Marriage registration is still limited to the existence recognized by the state is not the main condition of the legality of the marriage. In practice, many sirri marriages occur in the community and such marriages sometimes do not achieve the goal of a happy and everlasting marriage that causes divorce. The problem that needs to be examined is the divorce from the sirri marriage how the concept of division of shared assets. This research uses normative research methods. KHI regulates the determination of marriage by the court or itsbat marriage. After the stipulation results in the enactment of the law of joint sharing as regulated in Article 37 of the UUP and Article 97 of KHI.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

Overview of the Research

2021 ◽  
pp. 43-70
Author(s):  
R. Barry Ruback
Keyword(s):  
Public Policy ◽  
Juvenile Offenders ◽  
Research Methods ◽  
Economic Sanctions ◽  
The State ◽  
Psychology And Law ◽  
Descriptive Information ◽  
Multiple Levels ◽  
The Law ◽  
Different Parts

Chapter 3 begins with an overview of the law in Pennsylvania regarding economic sanctions. It then provides an overview of the research that my students and I conducted in Pennsylvania, research that combines perspectives from criminology, psychology, and law. It also discusses the need for and use of multiple research methods and multiple levels of analyses in addressing issues that affect public policy. The rationale for this multiplistic approach is that consistent findings across studies, despite the different strengths and weaknesses of the different methods, indicate that those findings are probably valid. The research used state-wide data from courts, data from individual counties for both adult and juvenile offenders, and surveys of victims, offenders, and judges. The chapter then discusses three studies of economic sanctions based on statewide data or on data from multiple counties, which together provide broad descriptive information about how economic sanctions are handled in different parts of the state.

scholarly journals Penetapan Honorarium Notaris dalam Praktik Pelaksanaan Jabatan Notaris

2020 ◽  
Vol 1 (2) ◽  
pp. 369-373
Author(s):  
I Ketut Adi Gunawan ◽  
I Nyoman Sumardika ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Methods ◽  
Empirical Research ◽  
Economic Value ◽  
Legal Services ◽  
Coercive Power ◽  
Public Officials ◽  
Empirical Research Methods ◽  
The Law

The Law on Notary Position (hereafter called UUJN) states the honorarium, but in practice, it has certain limits. The uncertainty of honoraria can lead to misunderstanding between the notary and the client. This research was conducted with the aim of revealing whether the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of the UUJN and whether a notary can provide legal services in connotarial matters to underprivileged people. This research was designed using juridical-empirical research methods. The results of this study indicated that the determination of the economic value of each deed in the practice of implementing the position of a notary is in accordance with the provisions of UUJN as stipulated in article 36. All public officials who have agreed on the arrangement of the honorarium state that they must have a sense of binding and the existence of coercive power which is adjusted to the provisions in UUJN. In addition, a notary can provide legal services in the field of connotarization to underprivileged people based on a notary's morality and integrity. This is supported by Article 37 of the UUJN which states that notaries are required to provide services free of charge to people who cannot afford it.

scholarly journals LEGISLATIVE ACTIVITY OF THE STATE AS A SYSTEM

2021 ◽  
pp. 156-163
Author(s):  
А.Г. Хабибулин ◽  
К.Р. Мурсалимов
Keyword(s):  
Social Relations ◽  
The State ◽  
Forming Process ◽  
Legal Doctrine ◽  
State Determination ◽  
Legislative Activity ◽  
Russian Law ◽  
The Law

Цель: характеристика системы правообразующей деятельности государства, определение элементного состава правообразующей деятельности государства. Методы: деятельностный и системный подходы в целях проведения функциональной характеристики правообразующей деятельности государства и выделения ее системы. Результаты: определена система правообразующей деятельности государства, выявлены основные тенденции современного правообразующего процесса, показана необходимость изменения инструментария правообразующего процесса. Выводы: интенсификация развития общественных отношений обусловливает появление новых юридических инструментов, в качестве которых следует рассматривать правовой прецедент и юридическую доктрину; сложилась потребность в изменении системы источников российского права, а также качественное и количественное расширение системы права. Purpose: characterization of the system of the legal-forming activity of the state, determination of the elemental composition of the legal-forming activity of the state. Methods: activity-based and systematic approaches in order to carry out the functional characteristics of the law-forming activity of the state and highlight its system. Results: the system of the law-forming activity of the state was determined, the main tendencies of the modern law-forming process were revealed, the need to change the tools of the law-forming process was shown. Conclusions: the intensification of the development of social relations leads to the emergence of new legal instruments, which should be considered a legal precedent and legal doctrine; there was a need to change the system of sources of Russian law, as well as a qualitative and quantitative expansion of the system of law.

BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT

2020 ◽  
Vol 10 (1) ◽  
pp. 40-53
Author(s):  
Muhammad Ali ◽  
Ardilafiza Ardilafiza ◽  
Jonny Simamora
Keyword(s):  
Research Methods ◽  
The State ◽  
Court Decision ◽  
Court Ruling ◽  
Government Administration ◽  
Analytical Research ◽  
Money Order ◽  
Research Type ◽  
Legal Force

The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.

scholarly journals Pertanggungjawaban terhadap Tindak Pidana Penyelundupan Sepeda Motor Harley oleh Direktur PT. Garuda Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 500-504
Author(s):  
I Dewa Gede Pramana adhi ◽  
I Nnyoman Gede Sugiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Developing Country ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
The People ◽  
The Law ◽  
Administrative Sanctions

Indonesia is a developing country where each region has its own natural wealth. This advantage cannot be used because there are many people who send out of the region without permission and vice versa, goods from outside countries are smuggled into Indonesia only to avoid the applicable taxes. This study aims to examine the regulation of smuggling in criminal law in Indonesia and reveal the responsibility of the director of PT. Garuda Indonesia, which carried out the act of smuggling luxury motorcycles. This research is a type of normative legal research conducted with research methods based on legal materials, while the problem approach used is a legislative and conceptual approach. Sources of data used are primary and secondary legal materials. Another bad example is shown by one of the people who has a big name in Indonesia, the smuggling case by the president of Garuda Indonesia is an illustration of how weak the law in Indonesia is and this incident has resulted in criminal and administrative sanctions. The results of the study indicate that the regulation of smuggling crimes in Indonesia is contained in Law Number 17 of 2006 concerning Customs. Handling of violations of customs provisions is more focused on the fiscal settlement, namely in the form of payment of a sum of money to the State in the form of a fine. The criminal liability of smugglers is regulated in Law No. 17 of 2006 the president director of PT. Garuda Indonesia is threatened with criminal and administrative sanctions

scholarly journals Pertanggungjawaban Korporasi Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa Pemerintah Di Bidang Konstruksi

2017 ◽  
Vol 9 (1) ◽  
pp. 51 ◽  
Author(s):  
Russel Butarbutar
Keyword(s):  
Research Methods ◽  
The State ◽  
Abuse Of Power ◽  
Goods And Services ◽  
The Law ◽  
Legal Force

<p align="justify">Offenses of corruption and crime that often occurs in the procurement of goods/services that are common construction in accordance with Act No. 31 of 1999 such is: a crime against the state financial harm to the law or abuse of power, bribery offense group, group evasion offense in the post, extortion offense in office, deeds offense, offense relating to an interest in the procurement, and gratification. That the Corporation could be required for Corporate Responsibilities when the corruption in the procurement of goods and services in the field of construction that we can see at verdict No. 04/Pid. Sus/2011/PT. BJM which have permanent legal force (inkrachtvan gewische). The above findings generated through normative research methods to approach the analysis of legal materials, either primary, ie Act No. 31 of 1999 jo . Act No. 20 of 2001 on Eradication of Corruption, secondary legal materials, and tertiary legal materials.</p>

scholarly journals Significance of Legal Symbols in the Russian Federation

2019 ◽  
Author(s):  
Olga Viacheslavovna Kosatkina
Keyword(s):  
Comparative Analysis ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
The Russian Federation ◽  
The Law

The article considers the scope of legal symbolism in relation to the modern needs of society and the state. The research methods used in this article included general methods of cognition, as well as special methods used in the field of law, including interpretation of the law and comparative analysis. The obtained results can be used for informative, methodical and educational purposes.

scholarly journals The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

2020 ◽  
Vol 1 (2) ◽  
pp. 139
Author(s):  
Ricky Tongam Marpahala Siahaan ◽  
Candra Perbawati ◽  
Ahmad Saleh
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Secondary Data ◽  
The State ◽  
Human Rights Violations ◽  
Legal Rules ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

System of ensuring the economic security of the state: World experience and ways of its reform in Ukraine

2021 ◽  
Vol 28 (4) ◽  
pp. 157-168
Author(s):  
Serhii Cherniavskyi ◽  
Oleksandr Dzhuzha ◽  
Viktoria Babanina ◽  
Yuriy Harust
Keyword(s):  
Research Methods ◽  
Economic Security ◽  
The State ◽  
Practical Significance ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Security Research ◽  
General Scientific ◽  
Stable Growth

The relevance of the study: The relevance of this article is due to the fact that ensuring economic security is a guarantee of stable growth of the state and improving the welfare of the population. The purpose of the study: The purpose of the article is to conduct research on the legal basis for the functioning of economic security of the state and the activities of law enforcement agencies in the field of economic security. Research methods: Leading research methods are general scientific and special research methods, including methods of logic, analysis, comparison, etc. The results of the study: The results of this study are a comparative legal analysis and determination of a proposal to implement the positive experience of EU countries in the field of ensuring the economic security of Ukraine. Practical significance of the study: The significance of the obtained results is reflected in the fact that this study can serve as a basis for outlining future changes to the current legislation of Ukraine on effective economic security of Ukraine

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