Integrating Semi-Open Data in a Criminal Judicial Setting

2017 ◽  
pp. 137-156 ◽  
Author(s):  
Mortaza S. Bargh ◽  
Sunil Choenni ◽  
Ronald F. Meijer
Keyword(s):  
Data Integration ◽  
Open Data ◽  
Management Systems ◽  
Public Prosecutor ◽  
Data Sets ◽  
New Paradigm ◽  
Criminal Cases ◽  
Raw Data ◽  
The Public ◽  
Data Requirements

Judiciary systems comprise various partner organizations (e.g., police, public prosecutor, courts, and rehabilitation centres) that collaboratively resolve criminal cases. These partner organizations have their own data administration and management systems, which are setup/operated separately and integrated barely. This chapter explains the approach of the authors' organization for integrating the data sets of the Dutch judiciary systems, and for opening the data integration outcomes to the public and/or to specific groups. These outcomes (e.g., data sets and reports) are meant to provide useful insights into (the performances of) the partner organizations individually and collectively. Such data opening efforts do not comply with all Open Data requirements, mainly due to the quality, (privacy) sensitivity and interoperability issues of the raw data. Nevertheless, since these initiatives aim at delivering some benefits of Open Data, the chapter introduces the new paradigm of Semi-Open Data for acknowledging such data opening initiatives.

Integrating Semi-Open Data in a Criminal Judicial Setting

2020 ◽  
pp. 872-891
Author(s):  
Mortaza S. Bargh ◽  
Sunil Choenni ◽  
Ronald F. Meijer
Keyword(s):  
Data Integration ◽  
Open Data ◽  
Management Systems ◽  
Public Prosecutor ◽  
Data Sets ◽  
New Paradigm ◽  
Criminal Cases ◽  
Raw Data ◽  
The Public ◽  
Data Requirements

Judiciary systems comprise various partner organizations (e.g., police, public prosecutor, courts, and rehabilitation centres) that collaboratively resolve criminal cases. These partner organizations have their own data administration and management systems, which are setup/operated separately and integrated barely. This chapter explains the approach of the authors' organization for integrating the data sets of the Dutch judiciary systems, and for opening the data integration outcomes to the public and/or to specific groups. These outcomes (e.g., data sets and reports) are meant to provide useful insights into (the performances of) the partner organizations individually and collectively. Such data opening efforts do not comply with all Open Data requirements, mainly due to the quality, (privacy) sensitivity and interoperability issues of the raw data. Nevertheless, since these initiatives aim at delivering some benefits of Open Data, the chapter introduces the new paradigm of Semi-Open Data for acknowledging such data opening initiatives.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

Settling Criminal Cases Without a Trial

1997 ◽  
Vol 31 (1-3) ◽  
pp. 223-244
Author(s):  
Bert Swart
Keyword(s):  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Sanctions ◽  
Criminal Charge ◽  
A Charge ◽  
Almost All

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

scholarly journals BIG GEO DATA MANAGEMENT: AN EXPLORATION WITH SOCIAL MEDIA AND TELECOMMUNICATIONS OPEN DATA

2016 ◽  
Vol XLI-B2 ◽  
pp. 595-601
Author(s):  
C. Arias Munoz ◽  
M. A. Brovelli ◽  
S. Corti ◽  
G. Zamboni
Keyword(s):  
Data Integration ◽  
High Speed ◽  
High Performance ◽  
Open Data ◽  
Geospatial Data ◽  
Data Sets ◽  
Complex Data ◽  
Complex Data Sets ◽  
Computationally Intensive ◽  
The Government

The term Big Data has been recently used to define big, highly varied, complex data sets, which are created and updated at a high speed and require faster processing, namely, a reduced time to filter and analyse relevant data. These data is also increasingly becoming Open Data (data that can be freely distributed) made public by the government, agencies, private enterprises and among others. There are at least two issues that can obstruct the availability and use of Open Big Datasets: Firstly, the gathering and geoprocessing of these datasets are very computationally intensive; hence, it is necessary to integrate high-performance solutions, preferably internet based, to achieve the goals. Secondly, the problems of heterogeneity and inconsistency in geospatial data are well known and affect the data integration process, but is particularly problematic for Big Geo Data. Therefore, Big Geo Data integration will be one of the most challenging issues to solve. With these applications, we demonstrate that is possible to provide processed Big Geo Data to common users, using open geospatial standards and technologies. NoSQL databases like MongoDB and frameworks like RASDAMAN could offer different functionalities that facilitate working with larger volumes and more heterogeneous geospatial data sources.

scholarly journals Tactics of presenting evidence by a prosecutor in a judicial investigation

2020 ◽  
Vol 6 (3) ◽  
pp. 179-185
Author(s):  
Elena V. Pavlova
Keyword(s):  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Considerable Difficulty ◽  
The Public ◽  
Complete Independence ◽  
Judicial Investigation ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
A Charge

The article deals with individual issues of the tactics of participation of the prosecutor the public prosecutor in the basis of the part of the judicial investigation in criminal cases, which is connected with the presentation of evidence of the prosecution. It is noted that at present in the matter of determining the order of examining evidence by the parties, a unified position has been formed of both theorists and practitioners. They recognize the complete independence of the parties to determine this procedure in accordance with the tactics chosen by them. At the same time, the author draws attention to the fact that theoretical and methodical works still do not pay enough attention to the content and essence of this activity of the prosecutor in court, despite their obvious importance. His activity in the judicial investigation largely depends on the importance of tactical methods of presenting evidence and the ability to apply them. If he does not have the appropriate professional baggage, he will have considerable difficulty in the adversary process. The author sets out his own position regarding the content of evidence presented by the prosecutor the public prosecutor, proposes to include a definition of the relevant concept in the terminological apparatus of science of criminal procedure law and to fix it in the criminal procedure law. A derivative of it is the definition of the notion of tactics for the presentation of evidence by the prosecutor the public prosecutor. Conclusions are formulated on the need to intensify the development of up-to-date recommendations on the tactics of presenting evidence of a charge in a judicial investigation in criminal cases on crimes certain types

scholarly journals PENGUATAN KEWENANGAN PENUNTUT UMUM MELALUI PENGESAMPINGAN PERKARA PIDANA DENGAN ALASAN TERTENTU

LITIGASI ◽  
2020 ◽  
pp. 291-313
Author(s):  
RUDI PRADISETIA SUDIRDJA
Keyword(s):  
Due Process ◽  
Attorney General ◽  
Criminal Policy ◽  
Health Condition ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Judicial Process ◽  
The Public ◽  
Due Process Of Law ◽  
Justice Process

The implementation of the principle of opportunity is realized through the authority to overrule criminal cases. In Indonesia, this authority only becomes the authority of the Attorney General, and is limited to reasons of public interest. The public prosecutor is not equipped with the authority to set aside the case for certain reasons, such as the quality of crime is low, the suspect is too old / young, the health condition of the suspect, payment of compensation, and so forth. This article intends to question the practice of law enforcement that occurs due to the limited authority given by the law to public prosecutors and the prospect of regulating the authority of public prosecutors in setting aside criminal cases for certain reasons. Limited authority creates a judicial process that is not in line with the principleof due process of law. Small cases remain tried in court. In addition, the limited authority, raises the paradigm that the current criminal policy tends to prioritize the means of punishment to tackle crime. As a result, the occurrence is overcrowded in correctional institutions. Ius Constituendum has accommodated the authority to set aside cases for certain reasons. The regulation is expected to bring changes to create a criminal justice process in accordance with the principle of due process of law. Public prosecutors are expected to be more tolerant in determining attitudes, to prosecute or not sue someone based on human values and justice. The regulation is intended so that the public prosecutor can really be the controller of handling criminal cases as mandated by the universal principle of dominus litis

scholarly journals Pertimbangan Hukum Hakim Terhadap Pengeroyokan Tukang Parkir oleh Pengemudi Ojek Online

PLENO JURE ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 107-118
Author(s):  
Adiyatma Putra ◽  
Made Warka ◽  
Budiarsih Budiarsih
Keyword(s):  
Rule Of Law ◽  
Applied Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Data Types ◽  
Criminal Cases ◽  
Violent Crimes ◽  
The Public ◽  
Case Number

Penelitian ini bertujuan untuk mengetahui regulasi kasus pidana kekerasan dalam Pidana Hukum di Indonesia dan menentukan pertimbangan hukum hakim dalam memutuskan nomor kasus 963/Pd/hon/PN.Mks. Ini penelitian adalah norma hukum, teknis, dan terapan penelitian. Penelitian ini juga menggunakan aturan hukum dan kasus pendekatan. Tipe data primer dan sekunder dulu memperoleh data penelitian. Hasilnya menemukan bahwa Regulasi kejahatan dengan kekerasan tercantum dalam Pidana Kode dan aturan hukum lainnya. Posisi Damai Surat dalam kasus kejahatan kekerasan sebagaimana diatur dalam pasal 170 ayat (2) KUHP dalam hal nomor 963/Pd/hon/PN.Mks bisa dikatakan sudah telah valid karena disepakati oleh kedua belah pihak. Namun, surat perdamaian seharusnya menulis persyaratan yang harus dipenuhi oleh terdakwa tersebut sebagai berikut: mengobati penyakit dan mengganti kehilangan barang dirusak oleh perilaku terdakwa. Dasar pertimbangan hakim dalam menjatuhkan sanksi terhadap kejahatan kekerasan sebagaimana diatur dalam pasal 170 ayat (2) KUHP dalam nomor kasus 963/Pid.B/ 2019 / PN.Mks. dalam hal ini, jaksa penuntut menggunakan dakwaan alternatif yaitu publik jaksa penuntut yang mendakwakan dakwaan itu, yaitu surat dakwaan Pasal 170 ayat (2) 1. Abstract. This study aims to determine the regulation of criminal cases of violence in criminal law in Indonesia and determine the legal considerations of judges in deciding case number 963 / Pd / hon / PN.Mks. This research is a legal, technical, and applied research norm. This study also uses a rule of law and case approach. Primary and secondary data types first get research data. The results found that the Violent Crimes Regulation was contained in the Criminal Code and other legal regulations. The peaceful position of the letter in cases of violent crimes as stipulated in article 170 paragraph (2) of the Criminal Code in terms of number 963 / Pd / hon / PN.Mks can be said to have been valid because it was agreed by both parties. However, the peace letter should write down the following requirements that the defendant must fulfil: treat illness and replace lost items damaged by the defendant's behaviour. The basis for the judge's consideration in imposing sanctions on violent crimes as stipulated in article 170 paragraph (2) of the Criminal Code in case number 963 / Pid.B / 2019 / PN.Mks. In this case, the prosecutor uses an alternative indictment, namely the public prosecutor who charges the indictment, namely the indictment of Article 170 paragraph (2) 1.

Walkability assessment and tourism cities: the case of Venice

2018 ◽  
Vol 4 (3) ◽  
pp. 355-368 ◽  
Author(s):  
Andrea Gorrini ◽  
Viola Bertini
Keyword(s):  
Urban Areas ◽  
Open Data ◽  
Public Institutions ◽  
Qualitative Assessment ◽  
Data Sets ◽  
Content Type ◽  
The Public ◽  
Mass Tourism ◽  
Tourist Flows ◽  
Tourism Flows

Purpose The purpose of this paper is to propose a systematic review of the contributions present in the literature about walkability. This is aimed at defining a set of criteria and methodologies for the assessment of the level of pedestrian friendliness of cities characterised by mass tourism. Design/methodology/approach The paper is based on a theoretical review about walkability and on the study of mass tourism phenomenon in Venice in relation to the ongoing de-urbanisation process. The analysis of open data sets provides by the Public Institutions of Venice and the execution of on-site observations allowed a qualitative assessment on the level of walkability of the historical centre of Venice. Findings The results of the proposed study highlighted that the level of walkability in Venice is profoundly affected by the lack of base services, the presence of massive tourism flows and the scarcity of road signage. Practical implications All the elements highlighted in this work could lead to proposing several design solutions and policies to manage the tourism phenomenon in Venice in a more effective and sustainable manner. Social implications The assessment and enhancement of the level of walkability of urban areas represent a useful tool to manage the tourist flows and to reduce the conflicts between inhabitants and visitors in tourism cities. Originality/value The current work represents a valuable contribution towards the systematisation of the theoretical and methodological framework towards a tourism-based walkability assessment.

scholarly journals Framework for WASH Sector Data Improvements in Data-Poor Environments, Applied to Accra, Ghana

Water ◽  
2018 ◽  
Vol 10 (9) ◽  
pp. 1278
Author(s):  
Rembrandt H. E. M. Koppelaar ◽  
May N. Sule ◽  
Zoltán Kis ◽  
Foster K. Mensah ◽  
Xiaonan Wang ◽  
...  
Keyword(s):  
Data Integration ◽  
Day Treatment ◽  
Open Data ◽  
Data Availability ◽  
Treated Wastewater ◽  
Data Sets ◽  
Infrastructure Development ◽  
Integration Framework ◽  
Modelling Methodology ◽  
Level Of Understanding

Improvements in water, sanitation and hygiene (WASH) service provision are hampered by limited open data availability. This paper presents a data integration framework, collects the data and develops a material flow model, which aids data-based policy and infrastructure development for the WASH sector. This model provides a robust quantitative mapping of the complete anthropogenic WASH flow-cycle: from raw water intake to water use, wastewater and excreta generation, discharge and treatment. This approach integrates various available sources using a process-chain bottom-up engineering approach to improve the quality of WASH planning. The data integration framework and the modelling methodology are applied to the Greater Accra Metropolitan Area (GAMA), Ghana. The highest level of understanding of the GAMA WASH sector is achieved, promoting scenario testing for future WASH developments. The results show 96% of the population had access to improved safe water in 2010 if sachet and bottled water was included, but only 67% if excluded. Additionally, 66% of 338,000 m3 per day of generated wastewater is unsafely disposed locally, with 23% entering open drains, and 11% sewage pipes, indicating poor sanitation coverage. Total treated wastewater is <0.5% in 2014, with only 18% of 43,000 m3 per day treatment capacity operational. The combined data sets are made available to support research and sustainable development activities.

scholarly journals THE IMPORTANCE OF COMPANY OWNERSHIP AND BUSINESS TRANSACTION DATA INTEGRATION IN SUPPORTING THE EFFORTS TO PREVENT AND ERADICATE CORRUPTION IN INDONESIA

2017 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Budi Saiful Haris
Keyword(s):  
Data Integration ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Government Agencies ◽  
Sources Of Information ◽  
Transaction Data ◽  
The Public ◽  
Business Transaction ◽  
Financial Transaction ◽  
Business Transactions

Corruption is commonly committed by leaving no official trace. In disclosing big corruption cases, investigators are often challenged by defendant who always seeks to make an alibi on the charges of the investigators such as by creating fake or underlying business. The application of the principle of shifting burden of proof by the defendant could actually be detrimental to the prosecution process if the public prosecutor fail to prove to the contrary on the argument or evidence submitted by the defendant who is trying to deny the charge of public prosecutor. Such condition may occur due to the possibility that the defendant could convey some evidence of business transactions and sources of information that might not be successfully acquired by the public prosecutor, law enforcers and other relevant government agencies prior to the prosecution process. In this case, there is a big possibility that the perpetrators have manipulated financial transaction information assisted by the gatekeepers. The following entries parse the root of the problem for the matter and provide recommendations for the integration of business transparency approach to prevent and eradicate corruption by making breakthroughs that could prevent from the usage of fake financial transaction information as the evidence that could obscure the crime of corruption.

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