Imposition Of Administrative Sanctions Research Articles

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.

Court proceedings for imposition of administrative sanctions

The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used."Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.

Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.

The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations

The government efforts to dissolve the societal organizations must be carried out in accordance of stages and processes stipulated in the Law on Societal Organizations. Persuasive efforts must be done first before the imposition of administrative sanctions. Administrative sanctions in the form of warning letters and temporary suspensions of activities need to be done before the Government dissolves the societal organizations after a court decision was obtained from the permanent legal force. The writer considered that the dissolution of societal organizations by the Government was urgent for the present, but the Government before dissolving societal organizations should seek consideration from the Constitutional Court of Indonesia as the guardian, and interpreter of Pancasila. Thus, the Constitutional Court of Indonesia as a neutral judicial institution shall have the authority to consider whether a societal organization will be dissolved.

Problems of Implementation of the European Convention on Human Rights by Imposition of Administrative Sanctions

Problems of Implementation of the European Convention on Human Rights by Imposition of Administrative Sanctions

SANKSI ADMINISTRATIF KEPADA PEMBERI KERJA DALAM PENYELENGGARAAN JAMINAN SOSIAL

Labor is the main capital Pancasila community development because the purpose of manpower development is the people's welfare, therefore the rights of workers must be guaranteed. The Government of Republic of Indonesia has a commitment to be responsible in the implementation of Social Security. It was realized its implementation by the government based on Law No. 24 of 2011 through the Social Security Agency ( BPJS ) which is a statutory body established to administer social security program. BPJS consists of Workers Social Agency and Healthcare and Social Security Agency. Social insurance programs provided by the Government aimed at protecting the rights of Indonesian workers , but on the other hand there are employers who do not carry out its obligations. Of course this provides a problem for workers whose position has not been balanced with employers. The government is not only responsible for the management of social security but also protection relating to administrative sanctions that may be granted to employers who neglect their obligations so that with the imposition of administrative sanctions is expected to lead to harmonious industrial relations. Keywords : administrative sanctions , employers , social security

Tailor-Made Rules Needed: A Balanced Approach to Imposition of Administrative Sanctions in Poland

The paper analyzes the Polish legal system under which administrative sanctions are imposed. It is claimed that the efficiency of the functioning of this system should be balanced with the appropriate level of observance of procedural fairness as well as with appropriate rules governing the imputation of administrative liability. The paper analyzes three areas where a balanced approach is needed. The first concerns the premises of administrative liability, the second the scope of procedural rights, and the third the institutional arrangement of the system. The paper names wo factors that should be taken into consideration by the Polish legislator and the Polish Constitutional Court when deciding how to reconcile efficiency with procedural fairness and with an adequate construction of the premises of administrative liability. Taken into account should be, first, the complexity of the given area of administrative law and, second, the severity of the sanctions.

Criminal or Administrative Law to Protect the Environment? Evidence from Western Europe

This article studies the scope of criminal and administrative law enforcement of environmental violations in four Western European jurisdictions. The Flemish Region and the United Kingdom have, until mid-2009, largely relied only on criminal sanctioning while administrative sanctions, which have also been in use since mid-2009, have already been widely used in the Netherlands and Germany. This article considers whether, given a fixed budget for the relevant national environment agency, single (criminal) or multiple (criminal and administrative) enforcement instruments are adequate to induce compliance. The fact that administrative proceedings are less strict and more informal than criminal proceedings suggests that the imposition of administrative sanctions is a relatively cheaper alternative. Therefore, in case of environmental violations, it is cost-effective to complement criminal law enforcement by administrative law rather than to allow for a single (criminal) sanctioning instrument. Complementary use of these two instruments might lead to additional deterrence. Data is presented to illustrate this argument.

Studi Perbandingan Nilai Laba Bersih Antara Metode Pencatatan Penyusutan Yang Dilakukan Perusahaan Dengan UU Perpajakan No.17 Tahun 2000 (Kasus pada PT. Dwi Gunung Putera di Bandar Lampung)

The preparation of financial statements for fiscal purposes, has no provisions that must be complied with in the Tax Act No. 17 of 2000. However, often occur in the preparation of the financial statements prepared by the company's fiscal. The purpose of this study was to determine whether there is a difference between the straight-line method to the declining balance method at the company. The hypothesis is that the cost of depreciation of fixed assets is greater than the company calculated depreciation calculations by Tax Law No.. 17 of 2000, which is caused by differences in the calculation method used and the amount of rates. The analysis used was a qualitative analysis and quantitative analysis. From the research and analysis done can be seen the difference net profit before tax of the company is Rp. 210 438.550 and net profit before tax is a tax of Rp. 216.056.782. Resulting in the difference in the amount of tax of Rp. 1,685,469.66. Or in other words, the state income from taxes on the difference between the methods of recording methods used by the company with the method according to the Tax Law No. 17 of 2000 was reduced by Rp1.685.469, 66. On this mistake, companies subject to administrative sanctions 2% since the tax up to the issuance SKPKB. The administrative penalty calculation is 2% x Rp. = 1,685,469.66. Interest is added to the amount of the tax deficiency owed tersebut.Untuk deal with them, then the company should use the declining balance method used by taxation, so there is no imposition of administrative sanctions by 2% in the financial statements.