THE ISSUE OF ACCEPTING A REPORT OF A CRIME FROM A PERSON UNDER THE INFLUENCE OF ALCOHOL OR SIMILAR SUBSTANCES WITH RESPECT TO THE PROPER PERFORMANCE OF THE POLICE OFFICER’S DUTIES

2020 ◽  
Vol 138 (2) ◽  
pp. 291-290
Author(s):  
ALEKSANDRA PROKOPOWICZ
Keyword(s):  
Police Officer ◽  
Criminal Code ◽  
The State ◽  
Psychoactive Drugs ◽  
Legal Basis ◽  
Mutual Obligation ◽  
The Law ◽  
Proper Performance ◽  
Infor Mation

eporting a crime is a mutual obligation imposed by law and special regulations on both the sender and the recipient of the infor-mation. The obligation of both parties, i.e. the reporter and the reportee, to act synergistically is aimed at eliminating the risk of inaction of law enforce-ment agencies or some kind of social consent to break the law. It is notewor-thy that the person reporting a crime is not obliged to check the accuracy of the information, as this information does not have to be objectively true, although it should be factually correct. However, there are some concerns about accepting a report of a crime and the interrogation of the reporter as a witness in a situation where a police offi cer has a justifi ed suspicion that the reporter is under the infl uence of alcohol, intoxicants, or psychotropic or psychoactive drugs. In such a situation, is it necessary to verify the state of sobriety, and is there any legal basis at all for checking the state of sobriety of such a person? Can such a person be instructed about his/her rights and obligations, and what is the responsibility of such a person in accordanc with Article 233 § 1, Article 233 § 1a and Articles 234 and 238 of the Polish Criminal Code, Act of 6 June 1997? At the beginning, it is worth noting that there is an inconsistency in the position of the judicature and the doctrine on the issue of interrogating people who are in a state of intoxication. The reason for the above should be found in the fact that the legislator did not make a fi rm decision on the admissibility of an interrogation of a person who is intoxicated or under the infl uence of another similarly acting substance by a procedural authority.The aim of this article is to fi nd the answer to the aforementioned questions and to discuss the issue of the adoption of a notifi cation of a crime with respect to the proper performance of the duties by a police officer.

scholarly journals The Position And Function Of Notary In The Using Of State Symbol

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Responsibility ◽  
Secondary Data ◽  
Letter Position ◽  
Problem Formulation ◽  
Criminal Code ◽  
The State ◽  
Positive Law ◽  
The Law ◽  
Notary Public ◽  
And Function

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.

Tindak Pidana Korupsi Proyek Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional di Kementrian Pemuda dan Olahraga ( Studi Putusan Nomor 2427K/Pid.Sus/2014 )

2021 ◽  
Vol 1 (2) ◽  
pp. 80-102
Author(s):  
Entol Suparmin ◽  
Amsori Amsori
Keyword(s):  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
National Police

Corruption, eradicating criminal acts of corruption, Decision No. 2427K / Pid.Sus / 2014, formulation: Is the imposition of criminal sanctions on corruption in the Ministry of Youth and Sports projects the same as the imposition of criminal acts of corruption in general, What is the basis for legal considerations for judges in imposing corruption crimes with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, the normative method is carried out on theoretical matters. Knowing whether the imposition of criminal sanctions on corruption is the same as the imposition of criminal acts of corruption in general. know what is the basis for legal considerations for judges in imposing crimes on perpetrators of Corruption Crime, the legal basis for adjudicating cases. The conclusion of the Judge's consideration, the imposition of additional criminal sanctions to compensate the state losses imposed on the defendant was imprisoned for 4 years and a fine, Article 2 paragraph (1) in conjunction with Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. Suggestions need evaluation In handling corruption crimes by implementing a synergy pattern between Indonesian National Police Investigators, Public Prosecutors , Prosecutor's Office, Corruption Eradication Commission.

scholarly journals Legal Basis of Organization and Functioning of Political Parties in Ukraine

2019 ◽  
pp. 43-53
Author(s):  
Yuliia BEVZ
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The State ◽  
Local Elections ◽  
Legal Basis ◽  
Additional Time ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
Legal Entities

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration. According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity. It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».

scholarly journals Tinjauan Yuridis Akibat Berlakunya UU No. 11 Tahun 2016 Tentang Pengampunan Pajak Terhadap Sanksi Pidana Perpajakan

2019 ◽  
Vol 3 (2) ◽  
pp. 222-235
Author(s):  
Hadzil Hadzil ◽  
Mahdi Syahbandir ◽  
Syarifuddin Hasyim
Keyword(s):  
Criminal Code ◽  
The State ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The Poor ◽  
The Law ◽  
The Government

Terdapat cukup banyak masyarakat yang dengan sengaja melakukan kecurangan-kecurangan dan melalaikan kewajibannya dalam melaksanakan pembayaran pajak yang telah ditetapkan sehingga menyebabkan timbulnya tunggakan pajak. Menyikapi hal tersebut, Pemerintah mengesahkan Undang-undang Tax Amnesty Nomor 11 Tahun 2016 Tentang Pengampunan Pajak. Salah satu jenis pengampunan yang ditawarkan adalah memberikan penghapusan tindak pidana bagi Wajib Pajak (WP) yang melanggar undang-undang. Oleh sebab itu, hal ini menjadi menarik untuk diteliti karena dapat dianggap sebagai bentuk pengkhianatan terhadap rakyat miskin atau WP yang taat pajak. Masalah pokok dalam penelitian ini adalah apakah penghapusan sanksi pidana terkait pengampunan pajak (tax amnesty) sudah sesuai dengan prinsip-prinsip pemidanaan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan penghapusan sanksi pidana telah sesuai atau tidak dengan prinsip-prinsip pemidanaan. Penelitian ini merupakan penelitian yuridis normatif dengan tujuan mengkaji asas-asas dan kaidah-kaidah yang terdapat dalam ilmu hukum. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa dalam hal penghapusan sanksi pidana dalam tax amnesty tidaklah sesuai dengan prinsip-prinsip penghapusan pidana dalam konsep KUHP, yaitu alasan pembenar dan alasan pemaaf karena apabila harta tersebut berasal dari hasil korupsi, hal tersebut bukanlah merupakan perbuatan yang patut dan benar untuk dimaafkan. Disarankan kebijakan dalam pengampunan pajak (tax amnesty) sebaiknya tidak diberlakukan penghapusan pada unsur tindak pidana, apalagi dalam tindak pidana tersebut terdapat unsur yang merugikan negara.There are enough people who deliberately commit fraud and neglect their obligations in carrying out the payment of taxes that have been set so as to cause the arrears of taxes. In response, the Government passed the Tax Amnesty Act Number 11 Year 2016 About Tax Amnesty. One type of amnesty offered is to provide the abolition of a criminal offense for a Taxpayer (WP) that violates the law. Therefore, it is interesting to investigate because it can be considered as a form of betrayal of the poor or WP who are tax-conscious. The main problem in this research is whether the abolition of criminal sanctions related to tax amnesty is in line with the principles of punishment. This study aims to determine and explain the elimination of criminal sanctions are appropriate or not with the principles of punishment. This study is a normative juridical research with the aim of studying the principles and rules contained in the science of law. The data used consist of primary legal materials, secondary legal materials and tertiary legal materials. The results indicate that of the abolition of criminal sanctions in the tax amnesty is not in accordance with the principles of criminal abolition in the concept of the Criminal Code, namely the justification and reasons for forgiveness because if the property is derived from the corruption, it is not a proper and proper act to be forgiven. It is recommended that the tax amnesty should not be abolished on the element of criminal acts, morever in the criminal act there are elements that harm the state.

scholarly journals OCTOBER 21, DAY OF THE STATE LANGUAGE – UZBEK LANGUAGE. CONNECTING NATION MEDIUM

2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  
Keyword(s):  
The State ◽  
Legal Basis ◽  
Thirtieth Anniversary ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
Official Status ◽  
State Language

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...

scholarly journals Pengembalian Kerugian Keuangan Negara dari Pembayaran Uang Pengganti Tindak Pidana Korupsi, Dapatkah Optimal? (Return of State Financial Losses from The Payment of Substitute Money Corruption Criminal Act, Can It Be Optimal?)

2019 ◽  
Vol 10 (1) ◽  
pp. 89-107
Author(s):  
Puteri Hikmawati
Keyword(s):  
Qualitative Approach ◽  
The State ◽  
Prison Sentence ◽  
Legal Basis ◽  
Criminal Penalty ◽  
Corruption Case ◽  
Criminal Penalties ◽  
The Law ◽  
Financial Losses

In addition to being subject to principle criminal penalties, the defendant in a corruption case may be subject to additional criminal penalty, in the form of payment of replacement money. The article which resulting of the normative juridical research with this qualitative approach, review regarding the return of the state financial losses shall be paid from the payment of substitute money in corruption criminal act can it be optimal? In the discussion, the penalty payment of substitute money has been stipulated in Law No. 31 of 1999 on the Eradication of Corruption Crime as amended by Law No. 20 of 2001. The amount of payment of substitute money shall be if possible equal with the assets obtained from the criminal act of corruption. If the substitute money is not paid, then the convicted person shall be liable to a prison sentence whose duration does not exceed the maximum sentence of the principal sentence. Therefore, the returning of financial losses cannot be optimal. The amount of compensation state finances needs to be increased, by confiscating and seizing the assets/properties of the perpetrator. The law concerning assets deprivation shall be established as the legal basis for assets seizure resulting from corruption. AbstrakSelain dapat dijatuhi pidana pokok, terdakwa dalam perkara korupsi dapat dijatuhi pidana tambahan, berupa pembayaran uang pengganti. Artikel yang merupakan hasil penelitian yuridis normatif dengan pendekatan kualitatif ini, mengkaji pengembalian kerugian keuangan negara dari pembayaran uang pengganti dalam tindak pidana korupsi dapatkah optimal?. Dalam pembahasan, pidana pembayaran uang pengganti telah diatur dalam UU No. 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi sebagaimana telah diubah dengan UU No. 20 Tahun 2001. Jumlah pembayaran uang pengganti sebanyak-banyaknya sama dengan harta benda yang diperoleh dari tindak pidana korupsi. Apabila uang pengganti tidak dibayar, maka terpidana dipidana dengan pidana penjara yang lamanya tidak melebihi ancaman maksimum dari pidana pokoknya. Oleh karena itu, pengembalian kerugian keuangan negara tidak dapat optimal. Jumlah pengganti kerugian keuangan negara perlu ditingkatkan, dengan melakukan penyitaan dan perampasan terhadap aset/harta kekayaan pelaku. UU Perampasan Aset perlu dibentuk sebagai dasar hukum perampasan aset dari hasil korupsi.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

scholarly journals SANKSI PIDANA BAGI ANAK YANG BERHADAPAN DENGAN HUKUM PERSPEKTIF FIQIH JINAYAH

2018 ◽  
Vol 11 (2) ◽  
pp. 321-341
Author(s):  
Noercholis Rafid ◽  
Saidah Saidah
Keyword(s):  
Environmental Conditions ◽  
Qualitative Data ◽  
Preventive Measures ◽  
Criminal Code ◽  
The State ◽  
Criminal Sanction ◽  
Internal Factors ◽  
Criminal Sanctions ◽  
The Law

This paper aims to determine the criminal acts of children along with criminal sanctions given as preventive measures. By using qualitative data and through juridical and theological normative approaches it was found the conclusion is criminal acts of children are acts carried out contrary to the Law contained in the Criminal Code. The cause of child delinquency is caused by internal factors, namely family and external, namely environmental conditions. In jurisprudence jurisprudence there is no criminal sanction against the child for the crime he committed, because he is considered not yet competent legally, but a judge is allowed to sanction educational actions so that the child can be better. Criminal violations committed by a child who is faced with the law should be charged to his parents or handed over to the state to be sanctioned in the form of guidance. This is because minors have not yet been forgiven.

scholarly journals Analisis perbandingan efektifitas aturan dalam Kitab Undang Undang Hukum Pidana lama dan Revisi Kitab Undang Undang Hukum Pidana (khususnya dalam pasal perzinahan)

2019 ◽  
Vol 19 (1) ◽  
pp. 34-39
Author(s):  
Nur Shabrina Sinulingga
Keyword(s):  
The Netherlands ◽  
House Of Representatives ◽  
Marital Relationship ◽  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Current Development ◽  
Muslim Population ◽  
The Public ◽  
Definition Of

The Criminal Code (KUHP) which is currently in force in Indonesia is a legacy that is still inherited from the Netherlands, so some of the contents of the Article are still incompatible with the culture that developed in Indonesia. One example of the definition of adultery in the Criminal Code is a marital relationship which is committed by a party that one or both are still bound in marriage. Of course this is very contrary to the culture that exists in Indonesia with a majority Muslim population. Indonesian legal experts have drafted the new Criminal Code since 50 (fifty) years ago, then after waiting all the time, finally in 2019, there is a strong discourse that the DPR (House of Representatives) will ratify the new Criminal Code. One of the revised articles in the RKUHP (draft of the Criminal Code) is this adultery article. However, this Article is one that is also a matter of controversy and much opposition.The old KUHP rules especially those relating to adultery are not in accordance with the culture that exists in Indonesia, so that frequently the act of adultery that actually disturbs the public cannot be tried as expected, but in the current development there are also many parties who consider the notion of adultery in the new KUHP too in entering into the private affairs of the Indonesian people they assume the State should not enter into a very private section.The legal basis that can be done is a legal basis that is in accordance with that contained in the Criminal  Code Keywords: Criminal Code, Adultery 

scholarly journals National Police of Ukraine as a Party to a Police Service Contract

2021 ◽  
Vol 81 (2) ◽  
pp. 144-148
Author(s):  
S. V. Vereitin
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
The State ◽  
Labor Rights ◽  
Police Agency ◽  
Police Service ◽  
Service Contract ◽  
The Law ◽  
The Right ◽  
National Police

Scientific approaches to determining the legal status of the employer in labor relations have been studied considered. The author has studied the norms of the Law of Ukraine “On the National Police”, which determine the identity of the employer and his authority to enter into a police service contract. It has been noted that the state is the employer in labor legal relations of police officers. However, employer powers in accordance with Part 1 of the Art. 63 of the Law of Ukraine “On the National Police” are delegated from the state to the National Police of Ukraine. Employer powers are directly exercised by the head of the police agency granting the right to accept and dismiss from the police. This person, on the one hand, is a representative of the employer, on the other hand – an employee. It has been stated that the Law of Ukraine “On the National Police”, defining the identity of the employer in the labor legal relations of police officers, did not enshrine the labor rights and responsibilities of the National Police of Ukraine as an employer. It is recommended to clearly define the list of labor rights and responsibilities of the National Police of Ukraine as an employer in the Law of Ukraine “On the National Police”. The following groups of labor rights of the National Police of Ukraine should be envisaged: 1) the right to select on the position of a police officer; 2) the right to accept, transfer and dismiss from the police; 3) the right to demand from the police officer to perform his / her functional duties; 4) the right to organize and manage the service; 5) the right to apply incentives; 6) the right to compensation ин police officers for the damage caused to the property of the police agency as a result of the violation of their functional duties by police officers. It is also necessary to consolidate the following groups of labor responsibilities of the National Police of Ukraine: 1) ещ provide the police щаашсук with work that meets the job descriptions and functional responsibilities of the relevant position; 2) ещ create appropriate service conditions necessary for the performance of functional duties; 3) to ensure proper rest of police officerі; 4) to provide timely financial support to police officerі and in the full extent; 5) to provide social protection for police officers; 6) to ensure the protection of the life and health of police officers, the life and health of family members, as well as their property.

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