Formal Sanctions Research Articles

Analisis Kinerja Aparatur Sipil Negara Bidang Pendidikan Madrasah Di Kantor Wilayah Kementerian Agama Provinsi Sumatera Utara

The purpose of this study is to assess the performance of the State Civil Apparatus in the field of madrasa education at the ministry of religion's regional office in North Sumatra. Interviews, observations, and documentation were used to collect descriptive qualitative research data from information sources and important information sources. The reduced study data is presented, and conclusions are reached. (1) Employees attempted to complete tasks on time, but obstacles arose, causing work to be delayed; however, at the regional office of the Ministry of Religion of the North Sumatra Province, employees were not required to complete tasks on time, but the contents of the report could be collected at the end of the month. This situation arises as a result of restricted facilities and officer numbers, as well as the load of jobs that must be completed simultaneously, as well as assignments out of town or attendance at meetings, causing work to be delayed. (2) Employees attempt to change working hours that have been set because they are mandatory, and if they are not disciplined, they will be subjected to administrative sanctions in the form of allowances and sanctions under Government Regulation Number 53 of 2010 about Civil Servant Discipline. (3) Employees make an effort to demonstrate their abilities at work. (4) In order to complete work more quickly, leaders and subordinates collaborate.
 Keywords: Evaluation, Performance, State Civil Apparatus

Analisis Kinerja Aparatur Sipil Negara Bidang Pendidikan Madrasah Di Kantor Wilayah Kementerian Agama Provinsi Sumatera Utara

The purpose of this study is to assess the performance of the State Civil Apparatus in the field of madrasa education at the ministry of religion's regional office in North Sumatra. Interviews, observations, and documentation were used to collect descriptive qualitative research data from information sources and important information sources. The reduced study data is presented, and conclusions are reached. (1) Employees attempted to complete tasks on time, but obstacles arose, causing work to be delayed; however, at the regional office of the Ministry of Religion of the North Sumatra Province, employees were not required to complete tasks on time, but the contents of the report could be collected at the end of the month. This situation arises as a result of restricted facilities and officer numbers, as well as the load of jobs that must be completed simultaneously, as well as assignments out of town or attendance at meetings, causing work to be delayed. (2) Employees attempt to change working hours that have been set because they are mandatory, and if they are not disciplined, they will be subjected to administrative sanctions in the form of allowances and sanctions under Government Regulation Number 53 of 2010 about Civil Servant Discipline. (3) Employees make an effort to demonstrate their abilities at work. (4) In order to complete work more quickly, leaders and subordinates collaborate.
 Keywords: Evaluation, Performance, State Civil Apparatus

Corporate Responsibility in Tax Crimes (Analysis of Criminal Decisions Number 334 / PID.SUS / 2020 / PN.JKT.BRT)

Criminal sanctions for corporations are generally not in the form of a single sanction. In addition to fines, confiscation, as well as various prohibitions for corporations are sanctions that are considered effective. Sanctions of prohibition in its various forms can be referred to as corporate imprisonment. In addition, additional sanctions in the form of announcements of judges' decisions can increase the coercive power to prevent criminal acts from being committed by corporations, but in practice, tax cases often do not involve corporations as legal subjects and criminal liability only to management or agents is considered sufficient. in the tax case Number: 292/PID.SUS/2019/PN.JKT.BRT and the tax case Number: 62/PID.SUS/2019/PN.YYK, where in that case, criminal responsibility is charged to the management or agent while the corporation is not be asked for criminal responsibility, and contrary to the Aggregation Theory where the activities of a corporation which is the output of the joint efforts of some administrators or agencies so that those who are fully responsible for these activities are the responsibility of the corporation and also to the Identification Theory (direct corporate criminal liability). According to this theory, corporation can commit a number of delicts directly through agencies who are closely related to the corporation, acting for and on behalf of the corporation.

Akibat Hukum Penandatanganan Akta Jual Beli Tanah oleh Pejabat Pembuat Akta Tanah Sebelum Pembayaran Pajak Penghasilan

This study aimed to describe the code of ethics of Land Deed Making Officials in the process of making land sales and purchase deeds and to analyze the responsibilities and legal consequences of signature for the land sale and purchase deed by Land Deed Making Officials before the income tax payment was made. This study used a normative juridical method with a law approach and a conceptual approach. The code of ethics for the Land Deed Official in the process of making the land sale and purchase deed ensured that income tax was paid before the deed was made and signed. The responsibility of the Land Deed Making Official for the signature of the sale and purchase of land before the payment of income tax could be in the form of administrative sanctions, warnings, dismissal from office, or compensation for losses suffered by the parties concerned. In addition, the signature of the sale and purchase deed by the Land Deed Making Official before income tax payment might result invalid the land sale and purchase deed and registered land certificate being legally cancelable.

Why cyberloafing can be socially learned in the workplace: the role of employees' perceived certainty of formal and informal sanctions

PurposeThis study investigated why employees' cyberloafing behavior is affected by their coworkers' cyberloafing behavior. By integrating social learning theory and deterrence theory, the authors developed a model to explain the role of employees' perceived certainty of formal and informal sanctions in understanding the effect of coworkers' cyberloafing behavior on employees' cyberloafing behavior.Design/methodology/approachThe authors conducted a survey that involved a two-stage data collection process (including 293 respondents) to test our developed model. Mplus 7.0 was used to analyze the data.FindingsThe results revealed that employees' cyberloafing was positively affected by their coworkers' cyberloafing both directly and indirectly. The indirect effect of coworkers' cyberloafing on employees' cyberloafing was mediated by the employees' perceived certainty of formal and informal sanctions on cyberloafing. Employees' perceived certainty of formal and informal sanctions were found to mediate the relationship both separately (each type of sanctions mediates the relationship individually) and in combination (the two types of sanctions form a serial mediation effect).Originality/valueThe study reveals an important mechanism – employees’ perceived certainty of formal and informal sanctions – that underlies the relationship between coworkers' cyberloafing and employees' cyberloafing, thus, contributing to the cyberloafing literature. It also demonstrates the importance of negative reinforcement (perceived sanctions) in the social learning process, which contributes to the literature on social learning theory because previous studies have primarily focused on the role of positive reinforcement. Lastly, the study reveals a positive relationship between employees' perceived certainty of formal sanctions and informal sanctions, which has important implications for deterrence theory.

Tanggung Jawab PPAT Atas Pembatalan Akta Yang Dibuat Dihadapannya

This study proposes two formulations of the problem, namely, first, how to apply the precautionary principle of the Land Titles Registrar (PPAT) in formulating the deed so that it will not be cancelled, and secondly, what is the responsibility of the PPAT for canceling the deed made before them. This type of research is normative legal research supported by information from various sources. The approach used in this study is a conceptual approach (Conceptual Approach), statutory approach (Statute Approach) and case approach (Case Approach), then analyzed in a descriptive qualitative manner. The results of this study conclude that, first, one of the application of the precautionary principle that must be carried out by PPAT is by issuing a Statement of Authenticity which is approved and signed by the parties concerned. The purpose of this Statement of Authenticity is to minimize and prevent bad faith from the parties applying before the PPAT. In addition to minimizing and preventing bad faith from the parties in the form of providing false statements or fake documents, the Statement of Authenticity is also useful for providing protection for PPAT to not get involved in legal problems. Second, the responsibility of the PPAT for canceling the deed made before them is a form of consequence that must be accepted by the PPAT who is proven to have committed a violation. As a form of accountability for violations committed, the PPAT receives sanctions in accordance with the form of the violation, namely in the form of civil, criminal and administrative sanctions. Meanwhile, products made by PPAT are authentic deeds, so their status will be null and void.

Restaurant Tax Collection and Contribution Mechanism to Regional Original Income in Cilegon City

Cilegon City is a city in Banten Province. Cilegon City has a fairly high level of economy in the management of industry, trade, and other management. The Regional Financial and Asset Management Agency (BPKAD) of Cilegon City stipulates various types of taxes and one of the taxes that provides a fairly high revenue is the restaurant tax. The increasing number of restaurants in Cilegon City can be used as potential in an effort to increase regional revenues from restaurant taxes. Although the number of restaurant taxpayers continues to increase every year, there are still taxpayers who are in arrears on their taxes so that they get a warning letter as a form of sanction, while the number of taxpayers who receive a warning letter is 235 restaurant taxpayers. The purpose of this study was to find out how the mechanism for collecting restaurant taxes at the Regional Financial and Asset Processing Agency (BPKAD) of Cilegon City and to determine the contribution of restaurant taxes to Cilegon City's Original Regional Revenue. The mechanism for collecting restaurant taxes at the Regional Financial and Asset Management Agency of Cilegon City has been carried out with a self-assessment system in accordance with Mayor Regulation Number 50 of 2011 concerning Collection of Restaurant Taxes. The percentage of the contribution obtained falls into the small criteria but is sufficient to provide a small contribution to Cilegon City's Original Regional Revenue (PAD). The small contribution is due to several influencing factors, such as entrepreneurs or restaurant owners closing their businesses due to the COVID-19 pandemic, lack of public awareness

Kajian Hukum Pencemaran Danau Siombak Atas Dampak Pembuangan Bangkai Babi Yang Terkena Virus Hog Cholera Ditinjau Dari Aspek Lingkungan Hidup Undang Undang Nomor 32 Tahun 2009 (Studi Di Lingkungan Hidup Kota Medan)

A good and healthy environment is the basic right of every Indonesian citizen as stated in Article 28 H of the 1945 Constitution of the Republic of Indonesia. The environment is a spatial unit with all objects, forces, conditions, living things, including and their behavior, which affects nature. itself, continuity in life and welfare. Based on the above background, the problems that will be examined in this study are as follows, How is the criminal responsibility that has contaminated the pig disposal in the area of Lake Siombak based on Law Number 32 Year 2009, and How is the means of supporting obstruction in law enforcement efforts against perpetrators environmental crime. environmental crime is contained in the formulation of law no. 32 of 2009 concerning protection and management of the environment in the form of administrative sanctions, criminal sanctions and civil sanctions, so the supporting facilities in this case of environmental pollution are the police conducting patrols in the area of Medan city law as well as briefing the regional government. Medan city community to inform if there are breeders affected by the hog cholera virus.

Justifications for not sanctioning welfare clients: Social workers' implementation of the “wastage of resources” sanctioning directive in Poland

AbstractSanctioning welfare clients has become a fundamental practice for social policy based on behavioural conditionality. Although sanctioning practices have received attention in research focused on street‐level work, the way in which sanctioning practices are structured in an institutional context and used by caseworkers should be explored further. This study examines the implementation of the “wastage of resources” sanctioning directive in Polish social welfare offices, based on interviews with social workers and case studies conducted between 2019 and 2021. A research framework based on the street‐level work concept was used to indicate that sanctions were rarely used by social workers because of the administrative justification process, which overwhelmed them with the responsibility of proving sanction‐worthy circumstances. Catalogues of sanction‐worthy situations are developed by local‐level policy agents, social workers, welfare office managers, municipal courts and clients. However, generally, social workers adapt to the given context by disciplining clients informally and avoiding formal sanctions.

PENGALIHAN SERTIFIKAT OBYEK SENGKETA DENGAN AKTA NOTARIS YANG DILAKUKAN SECARA TIDAK SAH DAN MELAWAN HUKUM (STUDI PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 664/PDT.G/2019/PN.TNG)

The making of the sale and purchase deed is carried out by the parties, but in its implementation problems arise when one of the parties feels aggrieved, causing a dispute. The purpose of this study is the certificate of the object of the dispute which was carried out illegally and against the law (Study of Putusan Pengadilan Negeri Tangerang Nomor 664/pdt.g/2019/PN.TNG). This research uses juridical normative research. The results of the study indicate that legal rights to land can only be carried out with a deed made before the PPAT officers to then start with the National Land Agency (BPN). If a land is found to be disputed in court (the object of the lawsuit), then the BPN through the PPAT is required not to continue making deed in writing to the interested parties. This is in accordance with Government Regulation No. 24 of 1997 concerning Land Registration Article 39 paragraph (1) letter f. The form of civil sanctions against notaries is compensation, and default can also be against acts that violate the law. The types of administrative sanctions are verbal warning, written warning, temporary dismissal, respectful dismissal, dishonorable discharge. Regarding the crime of forging letters, namely Article 263, Article 264, and Article 266 of the Criminal Code.

Responsibility of Notary Letter Approval on Under Hands Contract

One of the legal actions by Notary in addition to making an authentic deed is making the ratification of an underhand letter and according an underhand letter (legalization) by a Notary. Underhand letters that need to be ratified include a letter of sale and purchase agreement in which a transaction occurs. In applying and interpreting the meaning, method and form of making an underhand letter ratification, interpretations and contradictions often arise regarding this matter, especially with regard to the Notary's Responsibilities in making underhand letter ratification. The purpose of this study is to understand about the responsibility of a notary in making the ratification of an underhand letter in the theory of legal protection and legal certainty theory. This study used a normative research method with statutory approach and library approach. The results of this study indicate that the form of the agreement in the ratification of the letter under the hands of a Notary with legal protection that the notary has no legal obligation to the agreement made by the party making the agreement. However, legal protection is given through the provision of sanctions to Notaries in accordance with the Notary Position Act if it is proven that the Notary has committed deviant actions or behavior or violates the Notary Position Act and the Notary Code of Ethics. The forms of sanctions given are administrative sanctions, civil sanctions, and other sanctions (criminal sanctions and sanctions for a notary code of ethics).

THE URGENCY OF TA'ZIR IMPLEMENTATION IN SHARIA BANKING

This study aims to see the urgency of implementing ta'zir in Islamic banking. Ta'zir is a form of sanction given to individuals or groups and institutions in the event of a violation that has been agreed upon. The provisions and forms of sanctions do not exist in Islamic law. Thus, there are pros and cons when applied to certain fields such as Islamic Financial Institutions. Because the mechanism and form are not explained. The application of ta'zir in Islamic banking refers to the provisions of the DSN-MUI fatwa No. 17/DSN-MUI/IX/2000 while the sanctions referred to in the regulation are sanctions for customers who can pay, but deliberately delay payments. This study is qualitative in nature by using library data sources. Data collection techniques are carried out using literature studies related to the object of research in the form of primary, secondary, and tertiary legal materials. The method used in this research is descriptive analysis. The urgency of implementing ta'zir in Islamic banking, especially for financing customers by the DSN-MUI fatwa criteria, is an effective rule to discipline and provide a deterrent effect to those who violate it. As an intermediary institution, of course, banks do not want and bear the losses arising from customer negligence or intentional in carrying out business contracts and transactions, so the regulation is made as a preventive measure and anticipatory action.

Analisis Kinerja Aparatur Sipil Negara Bidang Pendidikan Madrasah Di Kantor Wilayah Kementerian Agama Provinsi Sumatera Utara

The purpose of this study is to assess the performance of the State Civil Apparatus in the field of madrasa education at the ministry of religion's regional office in North Sumatra. Interviews, observations, and documentation were used to collect descriptive qualitative research data from information sources and important information sources. The reduced study data is presented, and conclusions are reached. (1) Employees attempted to complete tasks on time, but obstacles arose, causing work to be delayed; however, at the regional office of the Ministry of Religion of the North Sumatra Province, employees were not required to complete tasks on time, but the contents of the report could be collected at the end of the month. This situation arises as a result of restricted facilities and officer numbers, as well as the load of jobs that must be completed simultaneously, as well as assignments out of town or attendance at meetings, causing work to be delayed. (2) Employees attempt to change working hours that have been set because they are mandatory, and if they are not disciplined, they will be subjected to administrative sanctions in the form of allowances and sanctions under Government Regulation Number 53 of 2010 about Civil Servant Discipline. (3) Employees make an effort to demonstrate their abilities at work. (4) In order to complete work more quickly, leaders and subordinates collaborate.
 Keywords: Evaluation, Performance, State Civil Apparatus

KAJIAN PELAKSANAAN KETENTUAN MINIMAL KONTRAK ANTARA PENGGUNA DAN PENYEDIA JASA KONSTRUKSI BERDASARKAN UUJK 2/2017

Construction contracts in Indonesia must meet the minimum regulatory points as mandated in Law No.2 of 2017 concerning Construction Services (UUJK 2/2017). The purpose of this regulation is to ensure that the structure of the construction service business in Indonesia guarantees equal rights and obligations between cooperating parties. The results of the preliminary study in UUJK 2/2017, did not find any form of supervision and sanctions for not fulfilling the minimum points so that it has the potential to cause insecurity of the parties' equality. This study aims to describe the efforts of the parties in drafting and the inclusion of minimum points in the contract. The method used is interviews with intermediate qualification contractors in Purbalingga and Banyumas Regencies (case study) and reviewing contract samples regarding the minimum points that must fulfill under UUJK 2/2017. The results showed that the efforts of the parties in drafting the terms of the contract were quite good with the contract drafting mechanism from service users. The service provider then observes and provides input in the form of corrections, deletions, or additional provisions and then negotiated with the service user to be decided together. The percentage of the inclusion of 16 points of the minimum contract provisions is 89.47% of the 19 contract samples. 2 regulatory points are not fulfilled as significant, namely related to building failure and environmental aspects with a percentage of 84.21%. The information obtained is supposed to provide an overview in applying the relevant regulations and theirderivatives.
 Keywords: construction contract; minimum contract provision; UUJK 2/2017

Tanggung Jawab Notaris Terhadap Akta Hak Waris Yang Mengalami Degradasi Nilai Pembuktian (Studi Putusan PN Cianjur No. 259/PID.B/2015/PN.CJR)

This paper aims to analyze and find answers to the problem of the notary's responsibility for the inheritance rights deed which has degraded the evidentiary value by studying the decision of the Cianjur District Court No. 259/PID.B/2015/PN.CJR. The problem is focused on how the notary's responsibility is in the case of the deed of inheritance rights which has degraded the value of the proof due to a court decision that has permanent legal force and how the legal protection for the parties contained in the deed of inheritance rights has experienced a degradation of evidentiary value due to a court decision that has a force permanent law. In order to approach this problem, a normative legal research type that is descriptive analytical is used by using secondary data as the main data and primary data as complementary data. This research uses data collection techniques with library studies and qualitative data analysis. This study concludes that the notary is responsible for the deed of inheritance rights which has deglazed the value of proof based on the moral code of ethics and responsibility based on state law. Liability is determined based on the nature of the violation and the resulting legal consequences, accountability can be in the form of administrative sanctions and civil sanctions. Legal protection can be obtained through civil action and through the local notary supervisory agency and the notary can then report the notary to the Regional Supervisory Council.

THE PHENOMENON OF GOTONG ROYONG IN JAVA COMMUNITY: A CASE STUDY NYUMBANG

Culture is the result of human creation in order to make life easier. Along with the times, the culture is possible to experience shifts and changes. This study discusses one of the cultures of gotong royong in Javanese society, especially the nyumbag, by taking research samples from several villages in Yogyakarta. This study discusses the changes and phenomena of people's attitudes toward the tradition of donating. The results of the study found that on the one hand the community was uncomfortable and objected to the tradition of donating, but on the other hand the community was unable to change the tradition. This is due to the existing system in the community, namely in the form of social control and social sanctions. These two things greatly affect the mindset and behavior of the community. Social control and social sanctions are factors that keep the continuity of a hereditary tradition in society.

FEATURES OF CRIMINAL LIABILITY FOR DISCLOSURE OF INFORMATION CONSTITUTING A STATE SECRET IN UKRAINE AND FOREIGN COUNTRIES

The relevance of the subject is largely conditioned upon the full-scale invasion of the Russian Federation, which, regretfully, does not exclude cases of criminal offences regarding the disclosure of information constituting a state secret. The purpose of the study is to analyse some aspects of criminal liability for disclosure of state secrets in Ukraine and to identify, based on positive foreign experience, proposals for improving this institution in Ukraine. The research methods were: analysis and synthesis, dialectical, comparative legal, Aristotelian and formal-dogmatic. In the process of analysis, it was identified that at the legislative level in Ukraine, the protection of state secrets is regulated in detail, lists of information that may contain state secrets, and cases when information cannot be a state secret, no matter what. In addition, the Criminal Code of Ukraine defines adverse consequences in the form of criminal sanctions that may occur for persons who disclose information constituting a state secret. It is determined that the analysis of the provisions of the Criminal Code of Ukraine, and its correlation with the legal provisions of other regulations, including the study of international legislation, allows concluding that the criminal law provisions defining liability for violation of the state secret protection regime should be transferred to another section. The materials of this study can be used in consideration of the problems of criminal law, in law-making activities in the development of provisions for improving criminal liability for disclosure of information constituting a state secret in Ukraine.

PROHIBITED ACTIONS FOR BUSINESS ACTORS ON CARRY OUT BUSINESS ACTIVITIES (ANALYSIS OF DOG MEAT SALES AT REGIONAL COMPANY PASAR JAYA SENEN JAKARTA)

The sale of dog meat at the Pasar Jaya Regional Company, Senen Block III, began with news circulating on social media which was revealed by Animal Defenders Indonesia. The sale has been going on for more than 6 years and every day the trader sells 4 dog meat. The sale of dog meat at the Pasar Jaya Regional Company on Senen violates the regulations for selling at the Pasar Jaya Senen Regional Company, because dog meat is one of the products that cannot be traded. The sale of dog meat violates Law No. 18 of 2012 concerning Food, because dog meat is a type of commodity that cannot be traded. In Islamic law, dog meat is a forbidden food. Law Number 33 of 2014 concerning Halal Product Guarantees, business actors in selling non-halal products must include non-halal signs on their products, which can be in the form of writing or images stating that they are not halal. Traders also violate Law Number 8 of 1999 concerning Consumer Protection, because business actors in carrying out their business activities do not provide clear information to consumers about the products they sell and do not have good intentions. The problem is what are the forms of violation of Muslim consumer rights in the sale of dog meat and the form of sanctions given to business actors. The research method used is normative research using library data. The results of the study show that the sale of dog meat is a violation of the rights of Muslim consumers because traders do not provide information that the product they sell is dog meat. The sale is carried out close to halal products, this is a violation. The sanction given by the manager of the Pasar Jaya Regional Company on Senen to traders was a warning to business actors to close their stalls. The warning is heeded by business actors by closing their stalls.Key words: Dog meat, Violation, Muslim Consumer Rights

Pengenaan Sanksi Adat Bagi Pelaku Tindak Pidana Penyalahgunaan Wewenang Terhadap Keuangan Pada Lembaga Perkreditan Desa (LPD) Tuwed Kecamatan Melaya Kabupaten Jembrana

Abuse of authority in customary village institutions is not only sanctioned by national law but also sanctioned by customary law or commonly called awig – awig. For example: the abuse of authority that occurred in the Village Credit Institution (LPD) Tuwed, Melaya District, Jembrana Regency. This research was conducted to examine the form of imposition of customary sanctions for perpetrators of criminal acts of abuse of authority over finances at the Tuwed Village Credit Institution (LPD) Melaya District, Jembrana Regency. The research method used in this research is empirical legal research by approaching people who can be used as sources. Sources of data used in this research are primary and secondary data. Data were analyzed using qualitative analysis methods. The results in this research are: The existence of customary law in the national legal system is still gray until now because in several cases that occurre which should have involved customary law or customary village awig - awig but during the settlement process it seemed that it had no power or ignored in court proceedings and national law. And the abuse of authority over finances at the Tuwed Village Credit Institution for the settlement of criminal cases through customary law consists of the first, the mediation system, and second, the restorative justice system and the sanctions given based on customary law in the form of social sanctions.

PENJATUHAN SANKSI UNI EROPA ATAS TINDAKAN ANEKSASI RUSIA DI KRIMEA, UKRAINA

<div>This study raises the issue of the legality of the imposition of European Union sanctions for Russia’s annexation of Crimea, Ukraine based on international law and the forms of imposing these sanctions. The method used in this research is normative legal research and is prescriptive. The types and sources of research data used are primary legal materials and secondary legal materials collected by using library research legal materials collection techniques. The data analysis technique used is a deductive mindset technique. This research results that the legality of EU sanctions is Council Decision 2014/512/CFSP and Council Regulation (EU) No. 833/2014 with provisions for imposing sanctions based on the European Union Agreement adopted within the framework of the Common Foreign Security and Policy (CFSP). The form of sanctions imposed are; (1) Arms embargo; (2) Export of dual-use goods; (3) Financial sanctions; (4) Prohibition of fulfilling claims; (5) Restrictions on services and other items.</div>