scholarly journals Legal Framework for the Role of Local Self Government in the Implementation of the Public Interest

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Vladimir Đurić ◽  
Nevenko Vranješ
Keyword(s):  
Public Interest ◽  
Social Life ◽  
Local Population ◽  
Legal Framework ◽  
Legal Aspects ◽  
The Public ◽  
Local Character ◽  
The Republic

In this paper, the authors analyse the legal framework for the local self governments’ role in the achievement of the public interest on the examples of legal solutions in the Republic of Serbia and the Republic of Srpska. The extent and the manner in which the needs and interests of the local population are met as part of the public interest may be different in different spheres of social life. In this regard, the examples analysed in this paper indicate two, seemingly similar, but essentially divergent tendencies of normative regulation of the participation of needs and interests of local population in the legal determination of the public interest and of the way in which local self-government participating in realization of that interest. The authors affirm the opinion according to which systematic legislation which regulates various areas of social life should define the public interest and within that category emphasizes the needs and interests of the local population. Also, it should regulate the obligatory way in which local self-government units participating in the achievement of that interest. Further regulation of the criteria and legal aspects of the achievement of that interest, especially in terms of their local character, should bе implemented by general acts of local self-government units.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

The role of the police in anti-money laundering

2019 ◽  
Vol 22 (1) ◽  
pp. 145-157
Author(s):  
Nikola Dujovski ◽  
Snezana Mojsoska
Keyword(s):  
Money Laundering ◽  
Social Life ◽  
Annual Reports ◽  
Comparative Approach ◽  
Main Body ◽  
Content Type ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic

Purpose This paper aims to describe and discuss the role of the police in anti-money laundering, with particular reference to the situation in the Republic of Macedonia. Design/methodology/approach A doctrinal approach is used to describe the role of the police in anti-money laundering policy, as well as to discuss whether the police is the central and main body in the fight against this crime. Deductive and inductive methods are used to analyze the collected data about Macedonian activities, provided by domestic and international organizations and institutions. Government agencies, institutions and bodies with different capacities for identifying and combating money laundering are included. Findings According to global statistics, about $2tn is laundered annually. Money laundering directly affects general economic and social life and the entire development, which shows why the concerns about this phenomenon have been growing worldwide. The most important issue in combating money laundering refers to preventing and detecting the problem. The police have the central role in combating money laundering in the Republic of Macedonia, but they must co-operate with public prosecutors and other agencies to fight this crime with more success. Even though Macedonian legislation is harmonized with European Union (EU) directives, there are a lot of activities in the field of money laundering to be done to fulfill EU standards. Relevant collected data were acquired from MONEYVAL reports, annual reports from the Ministry of Interior, Public Bureau of Statistics and statistics from the public prosecutor’s office, including all published documents. Originality/value The paper answers questions related to the role and effectiveness of the police by examining different authorizations and powers. Different approaches in implementing the law are specified and suggestions to overcome “two voices” are given. A comparative approach is also used to demonstrate the number of criminal charges per year, mainly collected by the public prosecutor’s office. The authors analyze whether additional training is needed for the police. All institutions should collaborate with the police because money laundering offences may be disclosed during investigations of other offences.

LAND PROCUREMENT FOR PUBLIC INTEREST IN LOCAL GOVERNMENTS WITH SMALL SCALE

2021 ◽  
Vol 4 (1) ◽  
pp. 458
Author(s):  
Miftah Arifin ◽  
Wijayono Hadi Sukrisno ◽  
Zaenal Arifin
Keyword(s):  
Public Interest ◽  
Local Governments ◽  
Positive Impact ◽  
Active Role ◽  
Land Ownership ◽  
Small Scale ◽  
The Public ◽  
Ownership Rights

<p><em>This study has purposes to find out how the mechanism of land procurement for the public interest in local governments, find out the obstacles and solve the problem of land procurement for the public interest on a small scale. Land procurement by the local government sometimes always collides with the stages of land procurement which is a very long process, but the land is needed immediately to support development. Small-scale land procurement is carried out on an area of no more than 5 hectares. Land procurement on a small scale for the public interest can be carried out without going through the determination of the location. The legal consequences are not being able to deposit compensation in court. This study uses a sociological juridical method, namely the discussion based on the provisions of the legislation. The results of this study are that the mechanism for land procurement for the public interest is carried out with accurate research and socialization so that the community understands the positive impact of development for the public interest and counseling so that the community understands the benefits of the project and participates in the success of project development for the public interest. Another obstacle in the implementation of land procurement is the existence of incomplete land ownership data or documents or no land ownership rights, the bureaucracy that guarantees legal certainty that the settlement of these obstacles is carried out with the active role of agencies that require land.</em></p>

scholarly journals Legal Aspects of Actions of the Traffic Police as a Chain Breaker for Covid-19 Transmission

2021 ◽  
Vol 04 (11) ◽  
Author(s):  
Imam Maladi ◽  
Keyword(s):  
Police Officers ◽  
Public Transportation ◽  
Legal Protection ◽  
Legal Aspects ◽  
The Public ◽  
Traffic Police ◽  
Police Action ◽  
The Republic ◽  
Principles And Standards

The role of Police of the Republic of Indonesia in enforcing discipline among the community is very significant, especially the role of Traffic Police (SATLANTAS) in providing education to people who drive, use public transportation to access the public facilities and so on. However, people who want to be protected cannot accept the funeral of Covid-19 in their local cemeteries, by resisting police officers. So in this case, POLRI (the Police of the Republic of Indonesia) and especially the traffic polices play a significant role in facing the community. There is a need for legal protection for the efforts that the police will take in both preventive and repressive efforts. The purpose of this study is to analyze the Legal Aspects of traffic police action as a Covid-19 transmission chain breaker. The method used in this research is a normative juridical research method, which is research that focuses on examining the application of rules or norms in positive law. The purpose of this study is to analyze the legal aspects of traffic police action as a covid-19 chain breaker. This research is expected to provide information to the reader about the legal aspects of traffic police action as a Covid-19 chain breaker and a form of legal protection for traffic police who have a duty to break the covid-19 chain breaker. As for the results of this research, every action taken by the police, especially the traffic police during a pandemic to the public has a legal basis, namely Law Number 2 of 2002 on Police of the republic of Indonesia , Article 3 of Law Number 22 of 2009 traffic and road transport other the police also have a right to be protected like a civil society because they have the rights as stated in Article 28 of the 1945 Constitution and Article 10 of article number 8 of 2009 on the implementation of human rights principles and standards in the performance of the duties of the state police of the republic of Indonesia. So that for policyholders to be able to provide more strict regulations, and informative for the public and police officers can realize a common goal. It is hoped that no more similar cases will occur so that the public can better understand the rules in force in the Prevention of Covid-19 Transmission in Indonesia and the public can act more wisely in dealing with it.

scholarly journals PERAN BHABINKAMTIBMAS SERTA MASYARAKAT DALAM UPAYA PENCEGAHAN GANGGUAN KEAMANAN DAN PENYELESAIAN SENGKETA DI KABUPATEN LABUHANBATU

2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Law Enforcement Officers ◽  
The State ◽  
The Public ◽  
The Republic ◽  
National Police ◽  
And Control ◽  
Mutual Agreement

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution

scholarly journals Analisa Persespsi Masyarakat Pendatang Terhadap Kearifan Lokal Metode Fuzzy Inference System (FIS) Mamdani

KOMTEKINFO ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 188-197
Author(s):  
Silky Safira ◽  
Wifra Safitri
Keyword(s):  
Fuzzy Logic ◽  
Social Life ◽  
Fuzzy Inference ◽  
Immigrant Communities ◽  
Inference System ◽  
The Public ◽  
Cultural Life ◽  
The Many

Fuzzy logic is considered capable of mapping input into output without ignoring existing factors. Fuzzy logic is very flexible and tolerant of existing data. By using fuzzy logic, a model will be produced from a system that is able to estimate the perceptions of immigrants to local wisdom. The factors that influence the determination of immigrants' perceptions of local wisdom with fuzzy logic are the attitude of immigrant communities. Society's socio-cultural life is shown by the many links to other social life, such as ideology, lifestyle, and economy. This means that changes in one socio-cultural life will affect other social and cultural lives. Therefore this system is made so that the public can know, study and examine the variety of local wisdom, examine the role of indigenous and immigrant people in preserving local wisdom and study the strategies of indigenous and immigrant populations in limiting conflict and so on by applying fuzzy mamdani methods that are expected to provide decisions good in responding to the perceptions of immigrants towards local wisdom in West Kinali Pasaman.

scholarly journals Compensation for Land Procurement for the Construction of the Northern Ring Road of Solok City by the Regional Government of Solok

2019 ◽  
Vol 6 (3) ◽  
pp. 673
Author(s):  
Weri Zakia ◽  
Kurnia Warman ◽  
Frenadin Adegustara
Keyword(s):  
Public Interest ◽  
Legal Aspects ◽  
Government Agencies ◽  
Regional Government ◽  
Main Approach ◽  
Ring Road ◽  
The Public ◽  
Research Problems ◽  
The Law ◽  
The Republic

This study aims to analyze compensation for land procurement for the construction of the northern ring road of Solok City by the Regional Government of Solok. The main approach method used is a research that emphasizes legal aspects by studying primary and secondary legal materials. It will later become a guideline for understanding and analyzing research problems. In addition, an empirical juridical approach is used as a support for the main approach. The results showed that the implementation of land procurement for the northern ring road of Solok City directly between Regional Government Agencies of Solok and landowners or their attorneys was carried out with the release of rights to land, buildings and objects associated with it under the principle of deliberation. It is in accordance with Article 10 of the Law of the Republic of Indonesia No. 2 of 2012 jo. Presidential Regulation of the Republic of Indonesia No. 71 of 2012. Regarding the determination of compensation carried out by means of deliberations between Government Agencies through the Land Procurement Team and landowners and their attorneys, based on the appraisal team’s assessment results, the basis for the assessment is fair replacement value and/or proper and fair replacement. It is in accordance with Article 10 of the Law of the Republic of Indonesia No. 2 of 2012 concerning Land Procurement for Development in the Public Interest and Presidential Regulation of the Republic of Indonesia No. 71 of 2012 concerning the Implementation of Land Procurement for Development in the Public Interest.

Implementasi Asas Keterbukaan pada Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum: Antara Harapan dan Kenyataan

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Information Asymmetry ◽  
Case Studies ◽  
Public Interest ◽  
Economic Inequality ◽  
Land Acquisition ◽  
The Public ◽  
Land Scarcity ◽  
Library Research ◽  
Role Of Information

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 

Evolution of the public administration system. The Republic of Estonia

2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  
Keyword(s):  
Public Administration ◽  
Administration System ◽  
The Public ◽  
Administrative Reforms ◽  
Social Sphere ◽  
External Threats ◽  
The Social ◽  
The Republic

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.

A Proposed Framework Emphasizing Auditor Reliability over Auditor Independence

2003 ◽  
Vol 17 (3) ◽  
pp. 257-266 ◽  
Author(s):  
Mark H. Taylor ◽  
F. Todd DeZoort ◽  
Edward Munn ◽  
Martha Wetterhall Thomas
Keyword(s):  
Public Interest ◽  
Auditor Independence ◽  
Public Confidence ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Accounting Profession ◽  
The Public ◽  
Necessary And Sufficient

This paper introduces an auditor reliability framework that repositions the role of auditor independence in the accounting profession. The framework is motivated in part by widespread confusion about independence and the auditing profession's continuing problems with managing independence and inspiring public confidence. We use philosophical, theoretical, and professional arguments to argue that the public interest will be best served by reprioritizing professional and ethical objectives to establish reliability in fact and appearance as the cornerstone of the profession, rather than relationship-based independence in fact and appearance. This revised framework requires three foundation elements to control subjectivity in auditors' judgments and decisions: independence, integrity, and expertise. Each element is a necessary but not sufficient condition for maximizing objectivity. Objectivity, in turn, is a necessary and sufficient condition for achieving and maintaining reliability in fact and appearance.

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