ANALYSIS OF LEGAL SUPERVISION IN PREVENTING CRIMINAL PRACTICES AND CAPITAL MARKET VIOLATIONS

This study aims to analyze legal supervision in preventing criminal practices and capital market violations. The type of research used in this study is the juridical-normative method, namely research on a legal principle contained in positive law that has been applied in Indonesia. The positive law in question is the regulation that regulates Capital Market Number 8 of 1995, the Law on the Financial Services Authority, and other Implementing Regulations. The types of legal sources used in this study are secondary legal sources and tertiary legal sources collected using the library research method. The research analysis used qualitative methods which were analyzed using a sociological approach. Qualification of forms of criminal acts Law no. 8/1995 concerning the Capital Market is regulated in Article 103 paragraph (1), Article 104, Article 106 and Article 107. As for criminal acts in the form of violations, it is regulated in Article 103 paragraph (2), Article 105 and Article 109. The forms of sanctions for violations are divided into: administrative sanctions, civil sanctions, and criminal sanctions.

Pengawasan Hukum Terhadap Penyalahgunaan Izin Tinggal Terbatas Penanaman Modal Asing

Every country in the world has sovereignty, especially over the security of its country, one of the things that can threaten the security of the country is the entry of foreigners whose activities are not according to the permits given to them, one of which is the misuse of residence permits by foreign investors in Indonesia. This study aims to explain in detail about the misuse of residence permits by a foreign investor in Indonesia and further discusses the legal supervision carried out by Immigration in dealing with irregularities committed by foreigners. This study uses a descriptive type with empirical normative research methods, where in finding data sourced from secondary data, namely through interviews, and secondary data obtained by conducting literature reviews such as laws and other regulations. At this writing it was found that the perpetrators took actions that were not in accordance with the purpose of giving a residence permit and did not carry out proper procedures to obtain a new Limited Stay Permit. From this research, it can be concluded that the supervision of foreigners must be tightened, one of which is the effective and efficient implementation of the Foreigner Supervision Team which is formed on the basis of synergy between related Ministries/Institutions in Indonesia.

Determinants of the work of a court-appointed guardian in Poland

The profession of a court-appointed guardian belongs to the so-called social professions. This means that the person performing such a profession has direct and constant contact with people. In Poland, a very important legal act regulating the work of a court-appointed guardian is the Act of 27 July 2001 on court-appointed guardians which emphasizes that the legal supervision is a professional social service. As a public officer cooperates not only with the ward and their immediate environment, but also with institutions and institutions dealing with care, education, rehabilitation, treatment, counselling and social assistance. The actions taken by the court-appointed guardians are of educational and social rehabilitation, diagnostic, preventive, and supervision nature. The purpose of this article is to analyse the conditions of the work of a court-appointed guardian.

Cause Analysis of Unsafe Behaviors in Hazardous Chemical Accidents: Combined with HFACs and Bayesian Network

Hazardous chemical accidents (HCAs) seriously endanger public life, property, and health. Human and organizational factors are important causes of many kinds of accidents. In order to systematically explore the influencing factors of unsafe behaviors in HCAs in China, the method of human factors analysis and classification system based on the Bayesian network (BN-HFACs) was introduced. According to the 39 investigation reports of HCAs in China, the origin Bayesian network (BN) was obtained and the failure sensitivity of every node in BN was calculated. The results have shown that hazardous material environment (1.63) and mechanical equipment (0.49) in the level of preconditions of unsafe behavior have the same direction failure effect with operation error, while there is no factor has the same direction failure effect with operation violate. Some factors in organization influence and unsafe supervision, such as organization climate (0.34), operation guidance (0.37), planned operation (0.22), and legal supervision (0.19), are also important reasons for operational errors, while resource management (0.12), hidden investigation (0.18) and legal supervision (0.13) have an impact on operation violates. Moreover, there are still close relationships between other hierarchical elements, such as the operation guidance effect on the hazardous material environment (6.60), and the organizational climate has the most obvious impact on other factors at the level of organizational factors. Based on the above research conclusions, suggestions for individual, enterprise, and government were put forward, respectively, and the limitations of this study were also clarified.

Sądowa ochrona samodzielności finansowej jednostek samorządu terytorialnego przed rozstrzygnięciami nadzorczymi regionalnych izb obrachunkowych

Financial independence of territorial self-government units means performing important public tasks in the field of financial management on their own behalf and with their own responsibility in terms of aspects related to income and expenditure, and implementation of financial management. In this regard, the Constitution of the Republic of Poland guarantees the units the right to have cases heard before the court whenever their independence is threatened by someone else’s actions or in situations leading to removal of the effects of a specific violation that has already occurred. Nevertheless, the issue related to the independence of local government units, including financial independence and related judicial protection, as it can be seen, still remains an open issue. It should be emphasized that the legislator, expressing the unambiguous intention of protecting the independence of territorial self-government units, provided them with institutional legal supervision, but within defined limits.

Legal Document Control one of Basic Conditions to Protect and Ensure Human Right

The article has analyzed the significance of legal document control, which is considered one of basic conditions to protect, ensure all human rights, freedom and constitutional, legitimate interests. Although, the Vietnamese legal system is more and more complete, there are limitations on legal document control. The article has showed clearly the negative influences of inappropriate legal regulations on human rights and interests. On that basis, the article has referred basic rules of legal document control aspect: The control of constitutionality, lawfulness and rationality in all periods of legal document formulation process. Keywords: Legal supervision, supervision of legal documents, mechanisms for supervising legal (normative) documents, constitutionality, legitimacy, profitability. References: Ann Seidman, Robert B. Seidman, Nalin Abeyesekers, Soạn thảo luật pháp vì tiến bộ xã hội dân chủ: Sổ tay cho nhà soạn thảo, Nxb. Chính trị Quốc gia, H. 2003, tr. 70 - 72. [2] Đinh Dũng Sỹ, Chính sách và mối quan hệ giữa chính sách với pháp luật trong hoạt động lập pháp, Tạp chí Nghiên cứu Lập pháp số 127-thang-7-2008 ngày 20/07/2008.[3] Phạm Chi Lan, Thể chế cho một chính phủ kiến tạo, http://www.doanhnhansaigon.vn/van-de/the-che-cho-mot-chinh-phu-kien-tao/1102398.[4] Nguyễn Thị Cẩm Tú, Công tác kiểm tra văn bản quy phạm pháp luật thuộc trách nhiệm của Bộ Tư pháp, http://tcdcpl.moj.gov.vn/qt/tintuc/Pages/thi-hanh-phap-luat.aspx?ItemID=377.[5] Nguyễn Minh Đức, Triệt tiêu tình trạng cài cắm chính sách trong xây dựng pháp luật, https://thanhnien.vn/chinh-tri/triet-tieu-tinh-trang-cai-cam-chinh-sach-trong-xay-dung-phap-luat-978708.html.[6] Nguyễn Bá Chiến, Pháp luật triệt tiêu pháp luật, Tạp chí Nghiên cứu lập pháp số 74, tháng 4/2006.[7] Bộ Tư pháp,” Ban hành văn bản trái pháp luật thể hiện sự "nhờn" luật”, https://nld.com.vn/thoi-su/bo-tu-phap-ban-hanh-van-ban-trai-phap-luat-the-hien-su-nhon-luat-20180808091902444.htm.[8] Không cài cắm vào luật để phục vụ lợi ích riêng, http://vietnamnet.vn/vn/thoi-su/chinh-tri/thu-tuong-khong-cai-cam-vao-luat-noi-dung-khong-vi-loi-ich-chung-348136.html#inner-article.

Research on Procuratorial Organs Bringing Environmental Public Interest Litigation

The procuratorial organ is a state supervisory authority and has the power of legal supervision. Giving the procuratorial organs the qualifications for public interest litigation not only has a theoretical basis but also a realistic basis, which helps to solve the problem of difficult evidence collection and high litigation costs in environmental public interest litigation. In the civil environmental public interest litigation, the procuratorate has the dual status of the plaintiff and the legal supervisor, and will not naturally conflict with each other. However, due to the special nature of environmental problems, the relevant administrative departments should be given priority to the environmental problems discovered by the procuratorial organs. Only when the environmental protection supervision departments are exercising their powers, should the procuratorial organs initiate environmental public interest litigation. For civil environmental public interest litigations that have been criminally sentenced or are in the process of criminal prosecution, the procuratorate can make full use of the evidence that has been obtained and identified.