Disciplinary Punishment Research Articles

“Interesting Cases”: On the Problem of Embezzlement in the Russian Army of the 18th – Early 19th Century

The article is written mainly on the materials of military court cases from the Russian State Military Historical Archive, as well as regulatory and legislative sources. The author examines property crimes within the Russian army from a socio-cultural perspective. The author concludes that the tools and practices that served as constraints in plundering money and resources have evolved over several decades. The practice of intimidation and capital punishment, which originated under Peter I, very quickly proved to be uneffective. As a result, by the middle of the 18th century, a system was formed so that, aside from the usual financial liability of the perpetrators, criminal and disciplinary penalties, it was effectively complemented by the principle of the command vertical liability in the matter of compensation for damage, which gave it a special corporate character. A specific attitude towards damage also facilitated this. The claim arose from a specific military unit, not from the treasury. This damage could not be forgiven even by the emperor. Measures such as sequestration of the culprit’s real estate and extending material claims to their heirs further reinforced the corporate identity of the regiment’s property.

PROBLEMATIKA YURIDIS PENGEMBALIAN STATUS APARATUR SIPIL NEGARA PADA KEMENTERIAN KOPERASI DAN UKM

This research addresses the case of a Civil Servant who was previously dismissed honorably not at their own request but later had their civil servant status restored based on Decision Number 17/G/2023/PT.TUN.JKT. The research problem focuses on whether the reinstatement of the civil servant's status aligns with legal regulations and what the legal consequences of this reinstatement are. The study employs a normative legal research method with a descriptive nature. It uses secondary data, analyzed through qualitative methods, and draws conclusions using deductive reasoning. The findings and results is indicate that the reinstatement of the civil servant's status does not comply with legal regulations, as it does not involve the imposition of disciplinary penalties twice. The legal consequence is the emergence of an obligation for the Civil Service Consideration Board to issue a Decree concerning the revocation of the decision of Honorable Dismissal Not at One’s Own Request for ZPA, and ZPA's reinstatement as a Civil Servant.

Legal Analysis Of The Effectiveness Of Disciplinary Punishment Enforcement In Improving The Discipline Of State Civil Apparatus

Legal Analysis Of The Effectiveness Of Disciplinary Punishment Enforcement In Improving The Discipline Of State Civil Apparatus

Violation of Administrative regulations of discretion in employees disciplines

The deviation of administrative regulation authority is undoubtedly considered as one of the most audacious fault that may occur to the resolution of disciplinary rules, that taken the fact in account that this undersupply is unlike other violations. Two aspects govern the validity of the disciplinary sanctions, the first is objective that represented by the necessity of sanction (penalty) must be provided for by the law, and clearly determined by the law; whereof, the disciplinary authority must stick to limits of the provision law that imposes penalty in terms of its amount, type and scope. The second aspect is the procedural party that entails that the penalty must be inflicted by legally competent authority. It is sometimes observed that the administration may deviate of its ruling authority in imposing disciplinary penalty, whether by hardening or abusing administration regulations. This research plot explores purpose or deviation in manipulated power use in room of disciplinary sanction as well as elimination of the disciplinary administrative resolution.

The Legality of the Disciplinary Punishment of a Public Employee as A Guarantee of Disciplinary Decisions Issued by the Administration

The Legality of the Disciplinary Punishment of a Public Employee as A Guarantee of Disciplinary Decisions Issued by the Administration

Дисциплинарная ответственность за неурегулирование конфликта интересов при осуществлении государственных (муниципальных) закупок

Prevention and suppression of “rent-seeking” behaviour of civil servant of a public authority of a constituent entity of the Russian Federation in the performance of his official duties, in particular, related to the implementation of public procurement activities, depends largely on the inevitability of proportionate disciplinary punishment for failure to resolve a conflict of interest. The article focuses on the uncertainty of the grounds for disciplinary liability for corruption offences, the lack of criteria of low significance in the service legislation, which negatively affects the uniformity of law enforcement practice.

PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUR SIPIL NEGARA DALAM KASUS TINDAK PIDANA KORUPSI

This study aims to analyze the dishonorable dismissal of state civil servants in corruption cases. This type of research is the type of research used is normative juridical research. The approach used is) in this study, namely the statutory approach (statute approach), case approach (case approach), and conceptual approach (conceptual approach). The results of this study are based on the original intent of the former of Law no. 43/1999, the Government's interpretation, and the interpretation of the legal norms of PTDH civil servants who committed criminal acts of office before the entry into force of the ASN Law, the enforcement of administrative sanctions does not have to be dishonorably dismissed as civil servants, but becomes the discretion of the PPK. PPK assesses and considers whether to be dishonorably discharged, honorably discharged not at his own request, or not dismissed with or without imposition of disciplinary punishment by taking into account the factors that encourage civil servants to do this and paying attention to the severity of the criminal sentence imposed. SKB 3 of the Minister is a policy regulation issued as an implementation guideline for PPK which regulates the honorable or dishonorable dismissal of civil servants who commit criminal acts of office crimes or crimes related to their positions based on court decisions that have permanent legal force. Second, the SKB 3 Ministers can be qualified as a legal juridical instrument (rechtmatig), unless it is enforced backwards (terugwerkend).

Termination of the Resignation of a Judge for Violations Committed by Him in the Еxercise of His Powers: Some Problems of Law Enforcement

One of the significant guarantees of the independence of judges is their right to resign. In turn, this guarantee will be effective provided that termination of resignation for violation of legislation and (or) the Code of Judicial Ethics, the commission of defamatory acts, violation of established prohibitions and restrictions will be applied in exceptional cases with strict observance of procedural norms, and the grounds for termination of resignation established by law will have signs of legal certainty. One of the legally established grounds for termination of resignation, which, according to the author of the article, does not have such a characteristic, is the identification after the judge's retirement of violations committed by him in the exercise of the powers of a judge, which are the basis for imposing disciplinary penalties in the form of early termination of the powers of a judge. The purpose of the study is to analyze the law enforcement problems of terminating the resignation of a judge for violations committed by him in the administration of justice. The objectives of the study are to demonstrate the lack of uniformity in the interpretation and application of the relevant provisions of the Law on the Status of Judges on the basis of the decisions of the Supreme Court of the Russian Federation and the qualification boards of Judges, as well as to formulate proposals aimed at solving these problems. The main method of research was the general scientific dialectical method of cognition, within which universal scientific methods were used: analysis and synthesis, induction and deduction, formal-logical and systematic. The formal legal method and the method of legal modeling were used as private scientific methods. The result of the study is the proposals made by the author, the implementation of which will lead to the formation of uniform judicial practice, ensure fairness and predictability of decisions made against retired judges, and, ultimately, will ensure an appropriate balance between the principles of independence of judges and the inevitability of responsibility for violations committed by them in the administration of justice.

합의제 행정기관의 의사결정에 대한 기관구성원 개인의 법적 책임

Where needs arise to perform part of duties independently, an administratve agency may establish a representative administrative agency, such as administrative committee, etc., as prescribed by statutes. Such a a representative administrative agency or administrative committee makes decisions in the name of committee.
 Therefore a member of committee doesn’t accept personal liability for decision making of representative administrative agencies. Nevertheless, there are a lot of cases where a member of committee is at risk of disciplinary punishment, criminal liability, civil liability for decision making of representative administrative agencies. A strict requirement for personal liability of a member should be established, even though decision making of representative administrative agencies is decided that it is illegal. It is such an example that certain member of committee manipulates, omits, overestimates, underestimates essential data for decision making by intention or gross negligence for one’s advantage or disadvantage or illegal decision making. Conclusionally, the personal liability of a member of committee can’t be accepted because that violates, independence, neutrality, fariness, autonomy of committee.

مفهوم ﴿‌وَاضْرِبُوهُنَّ﴾ في كتب التفسير دراسة مقارِنة

This article discusses comparatively the meaning of ‌wa aḍْribūhun in the light of different commentaries of the Holy Qur’an. Family relations have gained great importance in the Holy Qur’an, and Surat An-Nisa includes several legal objectives in which the purpose of building the family on foundations that guarantee each of its parties full and undiminished rights is demonstrated. Among the verses included in the surah is the verse on guardianship, which this research aims to address a specific issue that ancient and modern commentators have dealt with in this verse. It is the issue of wife-beating, by studying the sayings of sixty early and late commentators, with their different approaches and diverse trends, and comparing their sayings, to arrive at a conclusion from which we can derive the wise Qur’anic vision that we should not deviate from in managing family affairs in times of problems and when there are crises. The research suggests that the disciplinary punishment mentioned in the verse is in a hierarchical order, with mild and non-harsh hitting being preferable to resorting to divorce, since it would destroy the family's entire existence. Moreover, the intention behind it is disciplining, so if most likely it will never be achieved by ‘hitting’ then it should not be used, and the husband should rethink before resorting to it. That is why some exegetes warned that women’s situations differ, hence the difference in ways of disciplining.

Penyelesaian Sengketa Pelanggaran Disiplin Pegawai Negeri Sipil oleh Pengadilan Tata Usaha Negara Kupang

The purpose of this research is to analyze the settlement of disputes over violations of civil servant discipline by the Kupang State Administrative Court. This research method is normative legal research. The location of this research was conducted at the Kupang State Administrative Court Office. The type of data used in this research is normative research, the data used is secondary data. Data collection techniques that will be carried out are through literature studies and also interviews with sources, namely judges. Data processing techniques in this research conduct studies or analyses in a descriptive juridical and prescriptive juridical manner on legal materials. The result of this research is that the types of employment disputes examined, decided and resolved by PTUN Kupang are generally 2 (two) types, namely disputes due to disciplinary punishment and disputes due to rotation, mutation / promotion and / or filling positions. The subject of litigation specifically for employment disputes is an active and/or former civil servant acting as a plaintiff against a state administrative body or official. The state administrative decision being challenged or the object of the dispute is a decision relating to disciplinary punishment or rotation, transfer/promotion or filling a position against a Civil Servant. The procedure or process of examining civil service disputes at the PTUN is basically the same as examining state administrative disputes in general, namely through 3 (three) processes, namely, the Administrative Process, the Examination Process and the Trial Process, with an examination using a choice of procedural law, namely the Ordinary Procedure, Fast Procedure or Short Procedure.

Дисциплинарные взыскания, налагаемые на судебных чиновников, в коммуникативном пространстве Якутского окружного суда конца XIX – начала XX в.

This paper presents the first attempt to study the disciplinary penalties imposed on court officials in the communication space of Yakutsk District Court at the end of the 19th and the beginning of the 20th centuries. The author has found that, disciplinary penalties served as a lever of influence on court officials and played a significant part in the communication space of the Yakutsk District Court.

Juridical Analysis of Disciplinary Enforcement of State Civil Servants within the Batam City Government

The government has established regulations related to discipline, namely Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. This regulation is intended to create employees with moral integrity, professionalism and accountability so that it can be used as a guide in enforcing discipline. However, the reality in the field is that disciplinary violations among ASN within the Batam City Government still occur frequently and repeatedly.This research aims to find out how the implementation of discipline enforcement of State Civil Apparatus within the Batam City Government. This research uses a qualitative type of research. The research method is empirical normative research, namely examining the factual implementation or implementation of positive legal provisions and contracts in each specific legal event, so this research requires primary data and secondary data. Data sources were obtained from primary, secondary and tertiary legal materials.The obstacles faced in enforcing discipline are caused by lessthan optimal supervision, guidance and leadership not being firm in imposing disciplinary sanctions, a less conducive work environment, low awareness of the importance of discipline by ASN, a lack of sense of responsibility in carrying out their duties/work, and low emotional intelligence. influenced by the level of education. The solution to facing obstacles to enforcing discipline is by giving sanctions or firm action to employees who are proven to have committed disciplinary violations, providing rewards or awards, socializing disciplinary regulations, placing employees through transfers, rotating based on assessment results and in accordance with competency standards as well as interests and talents. employees, as well as improving education so that emotional intelligence increases. The research results show that the implementation of enforcement of disciplinary sanctions in the Batam City Order Environment has been running according to the applicable mechanism but has not been implemented optimally. While legal arrangements regarding enforcement of discipline for civil servants already exist, sanctions for violations of medium level disciplinary penalties have not been effectively implemented because government regulations have not yet been issued as supporting regulations in accordance with the mandate of article 42 of Government Regulation Number 94 of 2021. The government is expected to immediately issue government regulations as regulations supporter in determining sanctions for moderate level disciplinary violations.

The right of public employee to defend disciplinary penalty in Jordan

The right of public employee to defend disciplinary penalty in Jordan

Implementasi Pasal 10 Huruf A Undang-Undang Nomor 22 Tahun 2022 Dalam Pemberian Hak Remisi Bagi Narapidana di Lembaga Pemasyarakatan Narkotika Kelas IIB Muara Sabak

In Article 10 paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, it is explained that prisoners who have fulfilled certain requirements without exception are also entitled to remission. However, in its implementation in the field, it turns out that there are various problems that arise. The aim of this research is to understand and analyze the implementation of Article 10 Paragraph (1) Letter a of Law Number 22 of 2022 in granting remission rights to prisoners in Class IIB Muara Sabak Narcotics Prison, to analyze the factors that hinder them and efforts to overcome them, as well as ideal arrangements for granting remission rights for convicts in the future. The method used in this research is empirical juridical which uses primary data. The results of the research show that the granting of remission rights to prisoners in the Class IIB Muara Sabak Narcotics Prison is guided by Article 10 Paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, but its implementation is still not effective. The factors that influence the granting of remission rights to prisoners in the Muara Sabak Class IIB Narcotics Prison consist of internal factors include: The mechanism for assessing prisoner behavior using the SPPN instrument is less effective. There are still violations committed by prisoners which result in disciplinary punishment so that the prisoner's proposal for remission is rejected. Meanwhile, the external factors are: There are still delays in the execution of court decisions by the Prosecutor's Office which results in the registration process in prison being late. Efforts to overcome this include: The prison authorities should make a step to simplify the system for assessing the behavior of correctional inmates, Activate both security and coaching programs to shape the character and stimulate changes in behavior of inmates, and Strengthen synergy between the prison authorities and the detention authorities in carrying out executions prisoner. The ideal arrangements for granting remission rights to prisoners at the Class IIB Muara Sabak Narcotics Correctional Institution in the future include: The prison authorities coordinate with the detention authorities, so that prisoners who have been detained for more than 6 (six) months can have their behavior assessed using the SPPN instrument, and the Prison authorities propose rights. remission for detainees who have been detained for more than 6 (six) months in succession with due observance of the provisions of Article 148 of Permenkumham No. 3 of 2018.

Противоправные деяния сотрудников уголовно-исполнительной системы: статистика, квалификация, вид наказания

The study proposes to exclude the designation of crimes provided for by the Criminal Procedure Code of the Russian Federation "against the established order of service, committed by employees of institutions and bodies of the penal enforcement system" as absent in the Criminal Code of the Russian Federation. Only the last most important legal act determines which types of illegal acts are criminal. Reflecting on the specifics of administrative responsibility of employees criminally by replacing it (in some cases) with disciplinary responsibility, the author proposes to introduce a deduction from the time of service (from seniority) for a certain period, depending on the offense (offense) committed, as disciplinary penalties and administrative penalties.

الوسائل القانونية والإدارية اللازمة لحماية الموظف العام في مراحل التحقيق الإداري- دراسة مقارنة

The legal and administrative means are the issue of giving legitimacy to the actions taken by the administration against the public employee if he violates the job duties entrusted to him. In the absence of such means, the administration is unable to take such measures. Therefore, the employee committing the violation must be supported by convincing evidence, which can only be obtained by hearing the employee and giving him an opportunity to defend himself and provide evidence proving his innocence of the charges against him. The administration must collect conclusive evidence that gives it justification for punishing him, as there is judicial oversight over the administration’s decision-making process regarding disciplinary punishment. In this research, we will review those means that consolidate the protection of the public employee by addressing the comparative aspects between the Iraqi constitution and legislation and the Egyptian and French constitutions and legislation.

Penegakan Hukum Tindak Pidana Penganiayaan Yang Dilakukan Narapidana Di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi

Prisons are a place to develop prisoners so that when they leave the prison the prisoner will no longer commit a crime. However, in reality, in prisons there have also been criminal acts committed by the prisoners themselves, namely criminal acts of abuse between prisoners. The research method used in this research is using a legal sociology approach with an activity plan for 6 months and the scope of this research is criminal acts committed by prisoners in prison. The materials used in this research are primary legal materials and secondary legal materials. The place used in this research is the Class II B Jambi Correctional Institution. The data collection technique is in the form of interviews and the analysis technique is qualitative analysis. The results of the discussion of this research are that severe disciplinary penalties have not been strictly enforced against inmates who commit criminal acts of abuse and the obstacles are the small number of prison security officers, the lack of interest of prisoners in participating in coaching programs and the facilities and infrastructure which are still limited.

Implementation of Disciplinary Penalties For Conditioners Who Violate The Rule of Order In Class I Penalty Institution In Surabaya

Implementation of Disciplinary Penalties For Conditioners Who Violate The Rule of Order In Class I Penalty Institution In Surabaya

Deprivation and Importation Measures as Predictors of Bullying Perpetration in Young Correctional Institutions

Bullying is a perennial problem in correctional institutions. This study aims to investigate the prevalence of bullying perpetration in young correctional institutions, and to identify environmental and personal factors as predictors of bullying perpetration. A cross-sectional survey was carried out among 289 male and female young people from eight correctional institutions in Malaysia. The Direct and Indirect Prisoner Behavior Checklist (DIPC-SCALEDr) was used to measure both bullying perpetration and victimization. The study reported more than 90% of the participants engaged in at least one behavior indicative of bullying others during the 1 month period. Participants reported involvement across six bullying forms. Direct logistic regression analysis identified eight significant predictors of bullying perpetration i.e. time served in the institution, disciplinary punishment; gang membership, no self-injury, respect, bureaucratic legitimacy, fairness, and family contact. To conclude, this study confirms bullying perpetration is determined by both personal and environmental factors. Juvenile justice system can use these key findings to anchor future interventions to prevent bullying and other forms of violence in correctional institution. In the future, this study might include a focus on staff-offender bullying and protective factors for bulling perpetration in correctional institutions.