Investigative prevention of corruption crimes

Purpose The fight against corruption, which undermines the efficiency of the state apparatus and public confidence in public institutions, remains one of the critical present-day tasks. In this regard, the purpose of this study is to identify the available possibilities and real practice of law enforcement of the norms on investigative prevention, the practical significance of this institution and its potential. Design/methodology/approach The study investigated theoretical materials on criminological prevention, legislative norms and available law enforcement practice. Findings It was discovered that, in general, the available statutory regulation is insufficient for the full-fledged practical implementation of the potential of investigative prevention. An exception is specialised prevention, assigned as one of the main tasks to the Agency of the Republic of Kazakhstan for Combating Corruption. Proposals have been formulated to improve anti-corruption investigative prevention in other bodies of pre-trial investigation, considering the identified risks. Originality/value The uniqueness of the situation lies in the fact that the existence of the institution of investigative prevention, in fact, is limited to the post-Soviet space. The elimination of formalism in the approach to this method of crime prevention can contribute to greater efficiency in the fight against crime, including corruption.

JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

Omnibus Law on Job Creation and Resilience Prospects of Indonesian Migrant Workers

The Omnibus Law on Job Creation has repealed two regulations and amended at least 80 (eighty) other laws since it was officially promulgated on November 2, 2020. Four laws are particularly affected in the labor cluster, including regulations pertaining to Migrant Workers, which have not been widely explained. The purpose of this paper is to explain the dynamics of Indonesian Migrant Workers (IMW) regulatory policy as well as several issues in the omnibus law on Job Creation. To further analyze and describe the Omnibus law's implications for IMW resilience. This research, as a policy study, makes use of secondary data in the form of statutory regulation and literature. The data were analyzed using conceptual and normative approaches, and the results were presented in a descriptive-qualitative format. According to the findings, IMW's regulatory policies included international policies emphasizing the recognition of migrant workers' rights. Meanwhile, at the national level, IMW protection policies are governed by a specific law that has evolved over time to be more accommodating to their needs. The presence of the Omnibus law, however, has changed and loosened the licensing provisions in the law for Indonesian Migrant Worker Placement Companies (P3MI), which has an impact on IMW's vulnerability. As a result, rather than being progressive, the omnibus law on Job Creation reduces the prospect of resilience for Indonesian migrant workers.

Legal Policies for Non-Subsidized Hajj Financing in Indonesia

Additional quotas for hajj have not been resolved, particularly in regard to the financing of hajj, which requires subsidies. The state's goal of distributing subsidies to those who are unable to afford them has not been met, and the state's concept of welfare democracy has not been realized. Accordingly, this investigation employs normative legal research in order to focus on government policies as well as developing issues related to Hajj financing. A constitutional practice that has gradually become law is revealed in this study, namely the existence of subsidies created by the existence of benefit value instruments and the practice of subsidies that have been carried out previously in an indirect manner by the Minister with agreement from the DPR in determining BPIH by applying a 50% discount to the real cost of the hajj. As long as the constitutional practice is carried out in order to complete, perfect, and revitalize the legislation, this is normal. A formal legislative body or statutory regulation is required if there are any actual or potential constitutional issues with the practice of constitutional law.Keywords: Open Legal Policy, Hajj Financing, Non-Subsidized Hajj, Hajj Category. Kebijakan Hukum Pembiayaan Haji Non Subsidi di Indonesia Abstrak.Banyaknya tambahan kuota haji belum teratasi, terutama perihal pembiayaan haji yang memerlukan subsidi. Target subsidi yang seharusnya menjangkau masyarakat yang tidak mampu secara finacial dan konsep demokrasi kesejahteraan melalui instrumen subsidi yang digunakan oleh negara dalam hal ini belum terpenuhi. Penelitian ini menggunakan jenis penelitian hukum normatif dengan pendekatan perundang-undangan dan kasus sehingga analisis penelitian lebih menekankan kepada kebijakan pemerintah dan permasalahan yang berkembang mengenai pembiayaan haji. Temuan penelitian ini yakni, keberadaan subsidi yang tercipta dengan adanya instrumen nilai manfaat dan praktik subsidi yang secara tidak langsung, telah dilakukan sebelumnya melalui penetapan BPIH dengan besaran 50% dari real cost biaya haji yang dilakukan oleh Menteri dengan kesepakatan DPR, secara tidak langsung menjadi kebiasaan yang praktik ketatanegaraan yang telah berangsur-angsur lama menjadi hukum. Hal ini adalah lumrah, karena selama kebiasaan ketatanegaraan dilakukan demi melengkapi, menyempurnakan, menghidupkan kaidah-kaidah hukum perundang-undangan, hal tersebut konstitusional. Namun jika praktik ketatanegaraan tersebut justru mengalami permasalahan atau potensi konstitusional, maka hal tersebut harus dipertegas dalam sebuah legis formal atau peraturan perundang-undangan.Kata Kunci: Open Legal Policy, Pembiayaan Haji, Haji Non Subsidi, Kategori Haji. Правовая политика для не субсидируемых Финансирование хаджа в Индонезии Абстрактный.Дополнительные квоты на хадж не решены, особенно в отношении финансирования хаджа, который требует субсидий. Задача государства по распределению субсидий среди тех, кто не может их себе позволить, не была достигнута, а концепция государственной демократии всеобщего благосостояния не была реализована. Соответственно, в этом расследовании используются нормативно-правовые исследования, с тем чтобы сосредоточить внимание на государственной политике, а также на разработке вопросов, связанных с финансированием хаджа. В этом исследовании раскрывается конституционная практика, которая постепенно стала законом, а именно наличие субсидий, созданных наличием инструментов оценки выгоды, и практика субсидий, которые ранее осуществлялись косвенным образом министром с согласия ДНР. при определении БПЖ путем применения 50% скидки к реальной стоимости хаджа. Пока конституционная практика осуществляется с целью дополнения, совершенствования и оживления законодательства, это нормально. Официальный законодательный орган или законодательное регулирование требуется, если есть какие-либо фактические или потенциальные конституционные проблемы с практикой конституционного права.Ключевые Слова: открытая правовая политика, финансирование хаджа, хадж без субсидий, категория хаджа.

Assessment of the state of statutory regulation of departmental control

Subject. This article studies the current norms and rules enshrined in legislative acts and regulatory legal acts of executive authorities of various levels regulating departmental control in relation to State (municipal) institutions. Objectives. The article aims to assess the state of the regulatory framework in the field of organization and implementation of departmental control of financial and economic activities of State (municipal) institutions. It also aims to identify topical issues of statutory regulation of departmental control and outline possible directions for its development. Methods. For the study, I used the methods of analysis, grouping, comparison, and generalization. Results. Based on the study of legal acts regulating the models of financial control, management functions and powers of executive bodies in relation to subordinate State (municipal) institutions, the article identifies certain powers of the founder that require regulatory consolidation, and proposes a structure for the concept of departmental control. Conclusions. The article confirms the hypothesis of insufficient statutory regulation of departmental control of financial and economic activity of State (municipal) institutions and the need to develop a legislative document conceptually defining the control direction of the activities of executive authorities.

Omnibus Law on Job Creation and Resilience Prospects of Indonesian Migrant Workers

The Omnibus Law on Job Creation has repealed two regulations and amended at least 80 (eighty) other laws since it was officially promulgated on November 2, 2020. Four laws are particularly affected in the labor cluster, including regulations pertaining to Migrant Workers, which have not been widely explained. The purpose of this paper is to explain the dynamics of Indonesian Migrant Workers (IMW) regulatory policy as well as several issues in the omnibus law on Job Creation. To further analyze and describe the Omnibus law's implications for IMW resilience. This research, as a policy study, makes use of secondary data in the form of statutory regulation and literature. The data were analyzed using conceptual and normative approaches, and the results were presented in a descriptive-qualitative format. According to the findings, IMW's regulatory policies included international policies emphasizing the recognition of migrant workers' rights. Meanwhile, at the national level, IMW protection policies are governed by a specific law that has evolved over time to be more accommodating to their needs. The presence of the Omnibus law, however, has changed and loosened the licensing provisions in the law for Indonesian Migrant Worker Placement Companies (P3MI), which has an impact on IMW's vulnerability. As a result, rather than being progressive, the omnibus law on Job Creation reduces the prospect of resilience for Indonesian migrant workers.

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

Staff salary settlements at State-funded health institutions: Accounting considerations

Subject. This article deals with the issues of qualitative and rational accounting of staff salary settlements at budgetary healthcare facilities. Objectives. The article aims to analyze the specifics of staff payroll settlements at budgetary healthcare facilities in order to find whether their accounting system is ready for changes in the statutory regulation of the healthcare system. Methods. For the study, we used the methods of analysis, comparison, grouping, and generalization. Results. Based on statistical data on the dynamics of wages in the Stavropol Krai, the article classifies the sources of financial support for budgetary healthcare facilities and highlights the conceptual apparatus used in staff salary settlements at budgetary institutions, and the structure of the wage fund formation. It presents a list of standard types of incentive and compensation payments for the health sector and accounting procedures for staff salary settlements. Conclusions. The article concludes that the existing system of salary settlements with medical workers is undergoing changes under the influence of a number of factors. This necessitates a prompt response to external challenges, additional funding for the healthcare system, and a revision of the existing remuneration system to improve the efficiency. The accounting system of budgetary healthcare facilities is flexible enough for the upcoming changes in the statutory regulation of the rules for the remuneration of medical workers.

Kajian Hukum Perbandingan Kemudahan Investasi Asing di Singapura dan di Kota Batam, Indonesia Beserta Legal Standing OSS Dalam Penerapannya

Investment is one of the first steps in moving the wheels of a country's economy. In the city of Batam itself is strongly identified with the investment climate. With its strategic location, Batam City is located adjacent to its neighboring countries, namely Singapore and Malaysia. The OSS (Online Single Submission) system emerged as one of the steps aimed at increasing the competitiveness of the global region and encouraging investment growth. However, in the OSS system there are still many obstacles both in terms of regulations and implementers of regulations that are considered less than optimal in applying electronically integrated business licenses. This is also worsen by the dualism of authority in managing the region. Looking to neighboring countries, Singapore is a favorite destination for global companies wishing to expand their business in Asia. The ease of obtaining a business license has become the main focus for this Lion Country. This study uses a normative legal research method with a comparative law approach and a statutory regulation approach. The purpose of writing this article is to study the ease of foreign investment in Singapore compared to Batam City and the legal standing of OSS in its application. Based on the research conducted, the ease of investment is examined from various factors, namely in the areas of legal certainty, taxation, employment, and licensing of the Indonesian OSS system including Batam City which still does not fully support a conducive investment climate in doing business compared to Singapore.