Acceleration of Village Welfare through Bumdes: Disorientation of Implementation of Bumdes Regulations and Policies

Village-Owned Enterprises (BUMDes) do not have legal certainty regarding their form of legal entity and it will make it difficult to meet the hope of all villagers to run businesses together in accordance with their characteristics, potential, and their respective resources. This research aims to provide input and solutions to the government to be able to accelerate the welfare of villages through BUMDes. The method used in this research is literary or library research by using normative juridical approach. In the processing of data, this journal used qualitative and quantitative approach. This research showed the result that there is disorientation in the implementation of BUMDes regulations and policies, such as: first, the incompatibility of village regulations with other laws and regulations. Second, the low community initiative in driving the village economy. Third, the vagueness of BUMDes position as a social and commercial institution. Fourth, policies that have not directed the professionalism of BUMDes. The solution in accelerating village welfare through BUMDes is to provide the flexibility of BUMDes in the form of legal entity as a bridge to be able to enlarge capital in the investment sector.

Concept freiheit in German language chronicles of the XV–XVI centuries (on the material of town chronicles of Bern and Worms)

In the history of the German written language, the XVXVI centuries became a turning point: in the sphere of both administrative writing and informative literature, new genres and types of texts are developing, and relations within the genre system are being rebuilt. Chronicle texts, including town chronicles, become one of the most popular textotypes. According to researchers, their primary function is legitimization of the respective town as a political and legal entity. This legitimation was based primarily on the rights and privileges granted to the town by its former or current lord. Accordingly, the semiotic space of chronicle texts is organized around the concept of freiheit meaning privilege, right, freedom. The purpose of the article is to analyze the nominative field of the concept freiheit and to conclude on the semantics and functioning of lexical units in the text that verbalize this concept. Over hundred text examples extracted from the chronicles of Bern (the first third of the XV century) and Worms (the second half of the XVI century) were used as the research material. The core of the concept freiheit, its nominate is built by the homonymic lexeme, whereby the lexeme recht also belongs to the nuclear part of the field. Based on the analysis of text examples, five components of meaning of freiheit were identified, which form the slots of the corresponding concept. The largest number of concept nominations is concentrated in the slot right, privilege: these are the lexemes gerechtigkeit the right to adjudicate, herrlichkeit with a similar meaning, obrigkeit the right of possession, indult temporary privilege, erlaubung permission. On the periphery of the concept freiheit lie the lexemes herkommen and gewohnheit in the meaning of legal customs. The analysis of material allows us to conclude that in the view of chroniclers, urban legal customs were as important for the legitimization of town as its privileges. It is worth saying that the lexeme freiheit is often used as a collective one, without specifying the content of a specific right or privilege. Obviously, for the chroniclers, the very existence of rights in their totality was of paramount importance, since this determined the status and power of their town.

Liability under Anti-Doping Law in Public Law Domain

In Poland, the Act of April 21, 2017 on Combating Doping in Sport is in force. The new law raises new questions. One of the questions is whether, the combating doping in sport belongs to private law or public law. The dualistic division of law itself is problematic. The legal regulation of doping has undergone a process similar to criminal law, i.e. from private law to public law. A breakthrough in combating doping was the establishment of the World Anti-Doping Agency (WADA) in 1999.The new Polish act followed this path. The Act on Combating Doping in Sport provided the legal basis for the existence of the Polish Anti-Doping Agency (POLADA), as a state legal entity. POLADA is therefore a body governed by public law, which establishes anti-doping rules, controls and oversees compliance, authorises the use of prohibited substances or methods, and conducts disciplinary action for violation of anti-doping rules.

ADMINISTRATIVE AND LEGAL RESPONSIBILITY OF ORGANIZATIONS AS A MEANS OF ANTI-CORRUPTION

В статье исследуются особенности привлечения организаций к административной ответственности по статьям 19.28 и 19.29 КоАП РФ, а также по ряду составов административных правонарушений, косвенно указывающих на наличие в них коррупционной направленности. Рассматривается проблема расширения административной ответственности организаций и лиц в случаях совершения коррупционного правонарушения от имени или в интересах юридического лица. The article examines the features of bringing organizations to administrative responsibility under Articles 19.28 and 19.29 of the Administrative Offenses Code of the Russian Federation, as well as for a number of administrative offenses that indirectly indicate the presence of corruption in them. The problem of expanding the administrative responsibility of organizations of persons in cases of committing a corruption offense on behalf of or in the interests of a legal entity is considered.

Good Trouble Along the Winding Road: Disruption and Accomplishment

The establishment of a accreditation body for gerontology degree programs was seen as disruptive. Many key leaders were against creating such a body and wanted this to be delayed or to never happen. In 2012, the AGHE Accreditation Task Force was established with a Competency Work Group and an Organization Work Group..There have been 5 programs evaluated with a number of schools/university currently in process. The task force filed documents for creating a legal entity and obtaining non-profit status for the new Accreditation for Gerontology Education Council. The Task Force developed the dimensions for program evaluation based on the Competencies and shared information with AGHE members. The Task Force obtained start-up funding for the organization and identified the first programs for accreditation and has been providing outreach and guidance to new programs. There is continual refinement of the process.

Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana

Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions

KEDUDUKAN BADAN USAHA MILIK DESA (BUMDES) BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

Theoretical and Practical Features of the Compensation for Harm Consideration by Filing a Civil Claim in Criminal Proceedings

The paper examines the types of harm provided for by domestic legislation, their procedural features in a criminal case by filing a civil claim. The author argues that there is a need to amend the existing normative legal acts regulating the issues of compensation for harm caused by a crime, in particular, presents some arguments about the disclosure and legislative consolidation of the concept of “harm” in the framework of criminal proceedings. The author analyzes the gaps associated with compensation for property damage, in terms of the difficult simultaneous compensation for property and moral damage, as well as the lack of opportunity in the criminal procedure to recover lost profits. Some features of compensation for moral damage in relation to individuals and legal entities are investigated, for example, the issue of applying the rules for compensation for moral damage when a civil claim is filed by a legal entity. The process of proving the damage caused and the gaps in the issues of awarding compensation amounts in civil claims for compensation for damage, taking into account judicial practice, are considered. The author expresses her opinion on the matter of interim measures application in relation to the property of tortfeasor and imposing on the judge the obligation to render a decision in case of such a need, and not the right. Some differences between a civil claim for damages in criminal proceedings and civil proceedings are given, for example, the possibility of indexing the amounts subject to compensation has been analyzed. The analysis of some regulatory acts and the study of the procedure for compensation for harm caused by a crime in the UK. The author presents an argument about the development of scientifically grounded methodological recommendations that would fully reveal the existing gaps and problems in compensation for various kinds of harm caused by a crime.

Conclusion of a Settlement Agreement within the Framework of the Derivative Claim Proceedings

The paper discusses the procedural features of concluding a settlement in the claim involving a corporation-participant for compensation of losses caused by the bodies of a legal entity, and aimed at recognizing as invalid a transaction made by a corporation and applying the consequences of its invalidity on appropriate corporate grounds. The author critically evaluates the procedural order applied to the peaceful settlement of a dispute in an indirect claim, provided for under paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23 June 2015 No. 25, in terms of the possibility of an independent conclusion of a settlement by a corporation-participant. The author justifies the necessity of obtaining the consent of the corporation for the legal entity participant to conclude a settlement. Particular attention is paid to considering the specifics of concluding a settlement in the event that other members of the corporation join an indirect claim. The paper demonstrates the procedural features of concluding an amicable settlement when considering an indirect claim according to the rules of the class proceedings. To conclude the study, the author dwells on the issue of the need for corporate approval of a settlement containing signs of a major transaction and (or) an interested party transaction concluded within the framework of an indirect claim.