Imposition Of Administrative Sanctions Research Articles

Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020

This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.

IMPLICATIONS AND LEGAL CONSEQUENCES OF IMPLEMENTING A RISK BASED ONLINE SINGLE SUBMISSION SYSTEM FOR LIMITED LIABILITY COMPANY BUSINESS LICENSING

Limited Liability Company (PT) as a Business Entity must have permits to carry out its business activities legally. Risk-based Online Single Submission (OSS) is designated as a Business Licensing portal based on the level of risk of a business activity in determining the type of business licensing. The purpose of this research is to find out how much influence the implementation of business licensing through the risk-based OSS system has in the business licensing of Limited Liability Companies and to formulate the legal consequences that arise if the Limited Liability Company does not comply with the standards of its business activities. The research method used is a normative juridical approach with analytical descriptive research specifications. Data analysis was carried out using qualitative normative methods. The results of the study show that the implementation of business licensing through the risk-based OSS system in practice has implications for limited liability company business licensing, namely providing convenience for limited liability companies in managing business licensing, because permits are issued at the beginning then the government as the authority will verify compliance with business activity standards. legal consequences that arise if the Limited Liability Company does not fulfill the standards of its business activities is the imposition of administrative sanctions on the Limited Liability Company.

Implementation of e-Bupot Unifikasi for income tax article 23 at xyz apartment management agency

XYZ Apartment Management Agency, a non-profit organization, relies on collecting Management Fees from Resident Association members to fund the management and maintenance of Strata Title buildings. In the process of managing these properties, the agency avails various services, necessitating the deduction of Income Tax Article 23. This study aims to examine the procedures involved in calculating, paying, and reporting Income Tax Article 23 and the implementation of the e-Bupot Unifikasi system at XYZ Apartment Management Agency. Data collected covers the period from April 2022 to April 2023. A descriptive qualitative analysis method was employed, involving data collection from XYZ Apartment Management Agency, followed by an assessment of compliance with relevant tax regulations. This method was chosen because this research wants to describe the conditions that would be observed in the field more specifically, transparently and in depth. The study reveals that the current process of calculating, paying, and reporting Income Tax Article 23, using the e-Bupot Unifikasi system at XYZ Apartment Management Agency, does not align with the prevailing tax regulations. This non-compliance impacts in the imposition of administrative sanctions in the form of interest and fines on the XYZ Apartment Management Agency.

«Подводные камни» одностороннего расторжения договора энергоснабжения (риски гарантирующего поставщика при уклонении от расторжения договора и при использовании механизма одностороннего отказа от договора)

The article analyzes the laws of the Russian Federation and the results of their implementation in the area of unilateral repudiation of a power supply contract through the prism of the implementation of the risks of a guaranteeing supplier of electric power in the form of invalidation of its actions and, as a consequence, imposition of administrative sanctions against it. The author examines two opposite situations, which do not contain elements of a violation: the guaranteeing supplier avoiding the termination of a power supply contract in the event of receiving a corresponding application from the consumer, and the guaranteeing supplier independently sending notices of unilateral repudiation of a power supply contract to the consumer. The study is divided into two main parts, each of which contains a detailed analysis of the laws on power supply with comparative legal references to foreign experience in legal regulation of the issues of power supply contract termination (on the example of the CIS member states) and a review of the court practice on various controversial situations, which have been settled in court decisions. The study has resulted in conclusions and recommendations on how to solve the problems arising in this area of activity for the guaranteeing supplier.

Urgensi Kriminalisasi Perbuatan Kecurangan (Fraud) dalam Pelaksanaan Program Jaminan Kesehatan di Indonesia

In this study, the author discusses one of the problems regarding the Urgency of Criminalization of Fraud in the Implementation of the Health Insurance Program in Indonesia. The purpose of this study is to determine the urgency of criminalization of fraud in the implementation of health insurance programs in Indonesia and to determine the ideal concept of criminalization of fraud in the implementation of health insurance programs in Indonesia. The research method uses normative legal research, which is a process for finding legal rules, legal principles, and legal doctrines in order to answer the legal issues faced by the approach in this study using a research approach carried out a statutory approach (statute approach) and a conceptual approach (conceptual approach). The results of this study are Handling Fraud in the Implementation of the Health Insurance Program aims to provide a reference for Participants, BPJS Health, Health Facilities or health care providers, drug and medical device providers, and other stakeholders in organizing efforts to prevent and handle fraud in a systematic, structured and comprehensive manner so that the implementation of the Health Insurance program can run effectively and efficiently. So far, the prevention and handling of fraud is only the imposition of administrative sanctions against fraud in the implementation of the health insurance program, so it is very important to criminalize fraud in the implementation of the health insurance program in Indonesia.
 Keywords: Fraud, Health Insurance Program, Prevention

Analisis Pelanggaran Peraturan Tarif Batas Atas PT. Wings Abadi Airlines Station Kualanamu Sumatera Utara


 The large number of air transport enthusiasts has resulted in increasingly fierce competition between air transport business entities. In order to maintain fair competition, the government issued Minister of Transportation Regulation Number PM 20 of 2019 regarding procedures for calculating tariffs and Decree of the Minister of Transportation Number KM 106 of 2019 concerning upper limit tariffs. Currently there are fluctuations in avtur fuel which causes additional costs stipulated in the Decree of the Minister of Transportation Number KM 142 of 2022 concerning fuel surcharge. Even though there are regulations governing the determination of tariffs, there are still discrepancies in setting the rates sold. The purpose of this research is to find out what happened to the discrepancy, so that this can be adjusted immediately so that it does not harm either party. This study uses a qualitative method. Data collection techniques used by observation, interviews, and documentation. The informants used in this study were three Air Transport Inspectors at the Regional Airport Authority Office II. Data analysis techniques use the Miles and Huberman model, and to test the validity of the data use the triangulation method. The results of this study indicate that PT. Wings Abadi Airlines in setting fares is not adjusted to the Decree of the Minister of Transportation Number KM 142 of 2022. This is caused by rising fuel prices and insufficient passengers so they do not meet the operational costs incurred. This issue was followed up by reporting to the Directorate General of Civil Aviation and the Directorate General of Air Transportation. In addition, there is the imposition of administrative sanctions on PT. Wings Abadi Airlines.
 Keywords: Upper Limit Rates, Fuel Surcharge, PT. Wings Abadi Airlines, Airport Authority Office.

Accountability of Receipt and Expenditure of Political Party Finances in Pekanbaru City Based on Minister of Home Affairs Regulation Number 36 of 2018

This study analyzes the accountability reports of political parties for financial assistance and expenditures originating from the regional budget using the sociological legal research method. Whereas there are obstacles in the practice of managing funds by members of political parties who are not accountable due to the limited knowledge of the management, as well as the change of management so that accountability is delegated to the new management. The imposition of administrative sanctions in the form of not being given APBD financial assistance to political parties that violate the provisions beyond the deadline or do not submit accountability reports to the Audit Board of Riau Province can encourage political parties to prepare accountability reports on financial receipts and expenditures.

Pengaruh Pengenaan Sanksi Administratif, Kesadaran Wajib Pajak, dan Penerapan E-Samsat Terhadap Tingkat Kepatuhan Pajak Kendaraan Bermotor Di Provinsi Sumatera Utara

The purpose of this study was to determine the effect of the imposition of administrative sanctions, taxpayer awareness and application of the E-samsat system on partial and simultaneous motor vehicle tax compliance in Samsat Medan Selatan. This research is a quantitative research using primary data. This study used a sample of 100 taxpayer respondents using accidental sampling technique. The data analysis technique used in this research is Validity Test, Reliability Test, Normality Test, Multiple Linear Regression Test, and Hypothesis Testing (F Test and T Test). The data was processed using SPSS Version 23. The results showed that the Tax Administration Sanctions (X1) and Taxpayer Awareness (X2) were accepted partially, which means that they affect the Motor Vehicle Taxpayer Compliance in North Sumatra Province, while the E-Samsat Program Implementation was rejected. which means it has no effect on Taxpayer Compliance. Meanwhile, Simultaneous Tax Administration Sanctions (X1), Taxpayer Awareness (X2), Implementation of E-Samsat (X3) have a significant effect on Motor Vehicle Taxpayer Compliance in South Medan Samsat.

Due to Legal Decisions of the Industrial Relations Court that Exceed the Time Limitation of 50 Working Days Since the First Session

This study examines the legal consequences of industrial relations court decisions that exceed the time limit of 50 working days from the first trial. This research is normative legal research, which is conducting research by examining various laws and regulations and legal principles related to the settlement of industrial relations disputes. The study results indicate that the industrial relations court's decision is still legally valid even though the decision has passed the time limit of 50 working days from the first trial as regulated in Article 103 of the PPHI Law. This is because the procedural law adheres to lex stricta, which must be interpreted strictly, including the prohibition on the interpretation of analogies. Apart from the principle of lex stricta, the principle of res judicata pro veritate habetur, and the null and void nature of the law, it also confirms that the IRC's decision remains valid even though it violates the provisions of Article 103 of the PPHI Law. Based on the research results, it can be suggested that the Supreme Court immediately issued a Supreme Court Regulation (PERMA) regarding the imposition of administrative sanctions on the industrial relations court judges who violate the provisions of Article 103 of the PPHI Law.

Violation of Recommendations Issued by the Polish Financial Supervision Authority as a Basis for Imposing Sanctions Pursuant to Article 362(1) of the Insurance and Reinsurance Activity Act of 11 September 2015

Pursuant to Article 361(1) of the Insurance and Reinsurance Activity Act of 11 September 2015, the Polish Financial Supervision Authority (PFSA) may issue recommendations for insurance and reinsurance undertakings. In the case of non-compliance, such recommendations may give rise to the imposition of administrative sanctions. The purpose of the article is to decide to what extent the violation of supervisory acts, such as the PFSA’s recommendations, determines the administrative liability of insurance and reinsurance undertakings. Furthermore, the article aims at discussing to what extent a breach of non-authoritative acts of a supervisory nature, such as the PFSA’s recommendations, may constitute the basis for administrative liability provided for in Article 362(1) of the Act. The author conducts his analysis in the context of constitutional standards applicable to administrative responsibility. Those standards are compared with the decisions of the PFSA rendered as a result of the violation of its recommendations. In addition, the article presents de lege lata and de lege ferenda conclusions which relate to ensuring compliance with constitutional requirements of the procedure for sanctioning violations of recommendations issued by the PFSA.

Pengendalian Kerusakan Lingkungan Akibat Aktivitas Pertambangan di Kecamatan Pasir Sakti

Abstract Purpose: This study aims to determine whether sand mining activities in Pasir Sakti District cause environmental damage and directly impact the community's life sector. There are over 1000 hectares of abandoned mining areas. The researcher is interested in examining problems, in this case, how efforts to control environmental damage caused by sand mining activities are progressing and what factors are impeding the implementation of environmental damage control. Research Methodology: This research takes an empirical normative approach to the problem. This is accomplished by describing and analyzing the results obtained from library data and field observations. Results: The findings indicated that a variety made efforts to implement control of parties, including the Environmental Service, the Police, and the community. Socialization of the community is needed in order to deter illegal mining and the resulting environmental damage. As a countermeasure, the imposition of administrative sanctions in government coercion through the control of illegal mining activities. Additionally, community involvement in rehabilitating and reforesting former mining areas contributes to recovery should be imposed. These parties' environmental damage control efforts have been less than optimal due to impeding factors such as a lack of institutional coordination or cooperation among the parties responsible for implementing the control and the absence of strict sanctions against illegal sand miners Contribution: The author proposes a review of existing control programs and increased enforcement efforts against illegal sand miners.

Effective and Dissuasive: Study of Criminal and Administrative Sanctions related to Environmental Protection in Spain from 2013 to 2018

This paper revisits the hypothesis that if longer and more severe sanctions do not have a high level of dissuasiveness, the imposition of administrative sanctions will have a greater dissuasive effect on the conduct of previously sanctioned individuals and companies for (potential) environmental damage. The study to test this hypothesis has been done from a criminological perspective and using a new adaptation of an existing model of analysis of regulatory enforcement for sanctions imposed in Spain from 2013 to 2018.

Implikasi Dari Sanksi Administrasi Terhadap Penerimaan Pajak Kendaraan Bermotor (Studi Kasus Pada Samsat Renon Denpasar)

Dalam mewujudkan misi pembangunan nasional, salah satu upaya yang dilakukan pemerintah Indonesia yakni dengan memaksimalkan sumber dana berupa pajak. Keperluan negara terhadap pajak tidak dapat dilakukan oleh negara kepada warganya (wajib pajak), tetapi harus berdasarkan pada hukum (undang-undang) yang berlaku sehingga negara tidak dikategorikan sebagai negara kekuasaan. Salah satu jenis pajak yang memiliki potensi yang semakin meningkat seiring dengan kemajuan teknologi dan standar kebutuhan sekunder menjadi primer adalah Pajak Kendaraan Bermotor. Permasalahan dari penelitian ini adalah 1) Bagaimanakah pengenaan sanksi administrasi terhadap penerimaan pajak kendaraan bermotor di Kantor SAMSAT Renon Denpasar? 2) Bagaimanakah implikasi dari sanksi administrasi terhadap pajak kendaraan bermotor di Kantor SAMSAT Renon Denpasar? Metode penelitian yang digunakan adalah metode penelitian hukum empiris, dengan sumber data menggunakan pendekatan masalah sosiologis atau yuridis empiris dengan kata lain memecahkan masalah sekunder terlebih dahulu kemudian primer. Hasil penelitian dapat disimpulkan bahwa: Pengenaan sanksi administrasi pajak kendaraan bermotor di kantor SAMSAT Renon Denpasar dapat dikatakan baik, hal ini dilihat dari tingkat kepatuhan wajib pajak kendaraan bermotor dalam pembayaran Pajak Kendaraan Bermotor Wajib Pajak sadar atas kewajibannya membayar Pajak Kendaraan Bermotor dan tepat waktu dalam membayar Pajak Kendaraan Bermotor. Implikasi pengenaan sanksi administrasi pajak kendaraan bermotor berdasarkan hasil analisis regresi bahwa dengan adanya sanksi administrasi pajak kendaraan bermotor maka akan meningkatkan kepatuhan wajib pajak kendaraan bermotor sehingga dapat meningkatkan penerimaan pajak kendaraan bermotor.

EFFECTIVENESS OF LAW ENFORCEMENT CASE BY THE CARTEL COMMISSION HONDA AND YAMAHA BASED ON JUSTICE PANCASILA

<p><em>This research aims to reconstruct the effectiveness of law enforcement by the Commission in a cartel case Honda and Yamaha justice based on Pancasila. The first reaserch discuss about the effectiveness of the Business Competition Supervisory Commission (KPPU) in law enforcement justice cartel cases Pancasila. Both reconstruct the article in Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition for law enforcement effectiveness. This research is a doctrinal approach of legislation and research .</em><em> Study shows the first enforcement by the Commission is not operating effectively. The imposition of administrative sanctions from the Commission do not have permanent legal force, where they opened a space for parties reported to object to the level of the Supreme Court (MA). The process to obtain permanent legal force very long whereas 73% of MA won the Commission's decision. Both to achieve effective enforcement, it is necessary to expand the authority of the Commission, which sanctions the administration carried out by the Commission are final or not opened space object. Agae ensure the Commission's decision is fair, then there needs to be a power-sharing within the Commission to establish the field of internal controls.</em></p>

Effectiveness Of Law Enforcement Case By The Cartel Commission Honda And Yamaha Based On Justice Pancasila

<p><em>This research aims to reconstruct the effectiveness of law enforcement by the Commission in a cartel case Honda and Yamaha justice based on Pancasila. The first reaserch discuss about the effectiveness of the Business Competition Supervisory Commission (KPPU) in law enforcement justice cartel cases Pancasila. Both reconstruct the article in Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition for law enforcement effectiveness. This research is a doctrinal approach of legislation and research .</em><em> Study shows the first enforcement by the Commission is not operating effectively. The imposition of administrative sanctions from the Commission do not have permanent legal force, where they opened a space for parties reported to object to the level of the Supreme Court (MA). The process to obtain permanent legal force very long whereas 73% of MA won the Commission's decision. Both to achieve effective enforcement, it is necessary to expand the authority of the Commission, which sanctions the administration carried out by the Commission are final or not opened space object. Agae ensure the Commission's decision is fair, then there needs to be a power-sharing within the Commission to establish the field of internal controls.</em></p>

ORGANIZATION OF ACTIVITIES OF THE PATROL POLICE OF GEORGIA IN THE SPHERE OF ENSURING ROAD SAFETY

The article analyzes the organizational structure and powers of the patrol police of Georgia in the field of road safety. It has been determined that the main body for managing the activities of the patrol police of Georgia is the Patrol Police Department of the Ministry of Internal Affairs, whose tasks are defined as: ensuring public safety and law and order, preventing and combating offenses; protection of individuals and legal entities from illegal encroachment on their rights, freedoms and legitimate interests; ensuring the safety of road users, monitoring compliance with traffic rules, taking measures to prevent road accidents. Based on the analysis of the provisions of the Law of Georgia «On Police», the Code of Administrative Offenses of Georgia and the Instruction on the Rules of Patrolling, the Patrol Police Service of the Ministry of Internal Affairs of Georgia determined that the patrol police of Georgia in the field of road traffic safety has the authority to regulate traffic, apply police measures, stop vehicle, removal of drivers from driving a vehicle, consideration of cases of administrative offenses and the imposition of administrative sanctions. It was revealed that the patrol police of Georgia is cooperating with the Ministry of Transport and Infrastructure on improving the road network and the Service Agency of the Ministry of Internal Affairs in the provision of police and administrative services to citizens. The main directions of the implementation of the experience of the patrol police of Georgia into national practice have been determined, in particular, in terms of the adoption of certain normative acts on the organization of patrolling (the so-called Charter of the patrol police), amending the existing normative acts on expanding the rights of patrol police officers to conduct measures to identify a person, initiate the adoption of certain instructions, orders, provisions on the automatic recording of traffic violations, amending the Law of Ukraine "On the National Police", granting powers to the patrol police of Ukraine in the field of creating a safe road network, as well as countering violations of the rules of parking, stopping and parking vehicles, creating an autonomous Patrol Police Service Center and ensuring its interaction with the centers for the provision of administrative services.

Problems of legal qualification of the violation of the restrictions on commenda and concurrently with other activities

The article attempts to examine the problems of qualification of administrative offences related to corruption, in particular violation of restrictions on combining and concurrently governing the imposition of administrative sanctions under article 172-4 С AO . Differentiated legal approaches to the definition of alignment and a second position, control and composition of the Board, Executive or Supervisory bodies, the Supervisory Council of an enterprise or organization. In particular, this article focuses attention on the conflict of laws aspects of legislation, regulatory requirements concerning the incompatibility of functions of state authorities and local self-government and membership of the Board, revealed a problem of lack of harmonization of the list of certain types of permitted activities for certain categories of officials, which creates ambiguity in law enforcement. Given the number of decisions on Affairs about attraction to administrative responsibility under part 2 of article 172-4 of the CAO, that is, the membership of the Board, other Executive or controlling bodies, or Supervisory Council of an enterprise or organization that has the objective of making a profit, based on the analysis which the author identified signs that may indicate the presence or absence of corpus delicti under article 172-4CAO. Also the article presents the categorization of the most common mistakes in law enforcement practice in the consideration of administrative cases on violation of restrictions on combining and overlapping with other activities.

KESESUAIAN PEMANFAATAN RUANG DAN PENYELENGGARAAN PENATAAN RUANG DI KORIDOR JALAN TEUKU NYAK ARIEF KOTA BANDA ACEH

Teuku Nyak Arief road corridor is a secondary arterial road that is included in the planned pattern of protected area and cultivation area (City of Banda Aceh Qanun Number 2 of 2018). The use of space along the Teuku Nyak Arief road corridor was found by several misuse of the activity function. In this case the protected area has the blame for the function of restaurants/cafes in the non green open space zone, and in the cultivation area there is a misuse of the function of the processed metal product industry, and the wood industry in the trade and service zones. This study aims to identify the suitability of space utilization in the Teuku Nyak Arief road corridor, the form of spatial planning in the corridor desired by the building owner, and the policy in controlling space utilization so that the corridor is in accordance with the spatial detail plan. This study uses quantitative methods through questionnaires and qualitative methods through observation and interviews. The level of suitability of space utilization reviewed is the classification of unauthorized space utilization activities (X). Respondents were addressed to the building owners located in the Teuku Nyak Arief Banda Aceh road corridor with 87 people. Spatial utilization in the corridor of the river border subzona, funeral subzone, green belt subzona, education subzone, sports subzone, non green open space zone, and defense and security subzone have a suitability level of 100%, city park subzone has a suitability level of 0%, Trading sub-zones and series services have a suitability level of 99%, and office zones have a suitability level of 57%. The dominant form of spatial planning desired by the building owner in the spatial planning aspect is that regulations need to be prepared by involving the community, in the aspect of spatial planning development is the existence of media in socialization, while in the spatial implementation aspect is the loss caused by the cancellation of permits can be requested proper loss to the licensing agency. The policy in the control model of spatial utilization is through the imposition of administrative sanctions, and proper compensation.

Exploring the penumbra of punishment under the ECHR

Administrative sanctions can be said to dwell in the periphery of punishment because they do not require setting the wheels of criminal procedure in motion. This allows States to save public resources as well as helps them to escape closer scrutiny at the judicial level. At the same time, the imposition of administrative sanctions usually curtails individual guarantees. Against this background, this article examines where the European Court of Human Rights (ECtHR) draws the line between measures belonging to the ‘hard core of criminal law’ and the periphery. After a presentation of gradual broadening of the ‘criminal limb’ guarantees of Article 6 European Convention on Human Rights to administrative measure of a punitive nature, it explores where do these guarantees meet their limits by taking the approach adopted in the landmark Jussila judgment as a point of departure. Subsequently, a structured analysis of the selected ECtHR case law in which this approach has been applied or – at least – invoked is provided. The article is finished with a reflection on the current interpretation of the said penumbra of punishment, which, among other things, identifies the possible gaps of individual protection, and the outlook for the future.

Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Berdasarkan Undang-Undang Nomor 2 Tahun 2014

One of the obligations of the notary is to provide legal services in terms of making deeds for free or without charging fees to the public who are not able to expressly regulate both the notary office law and the Notary Code of Ethics. This confirms that the notary is obliged to prioritize the service of the interests of the people and the State in carrying out their authority also required in accordance with the mandate of notary office law and the code of ethics, for example for poor people, notaries freeing honorarium in making deeds or other legal services regarding deeds, as mandated by Article 37 notary office law. The formulation of the problem in this normative juridical study is 1) Can the refusal to provide free legal services by a notary be justified? 2) What is the legal protection for people who cannot afford to get free legal services by a notary? The results obtained from this study are that: 1) Notary is not justified in rejecting the request of a client who is unable to request Notary legal services in the field of notary free of charge without collecting an honorarium, because of the provision of legal services in the field of notary free to people the incapable is a Notary's obligation that must be carried out as stipulated in Article 37 paragraph (1) of the notary office law. Rejection of clients who request legal services is a violation of Notary as stipulated in Article 37 paragraph (2) of notary office law. 2) Forms of legal protection from inadequate people who do not receive legal services from a notary for free are: a. The notary concerned is subject to administrative sanctions concerned. Administrative sanctions can be in the form of a temporary termination, or a respectful dismissal, or an award with disrespect according to the level and severity of the violation. The imposition of administrative sanctions on this Notary with the aim of having a deterrent effect both to the Notary concerned and to other Notaries. b. The incapable person can request legal services for notary matters to other Notaries.