Law Office Research Articles

ANALISIS TUJUAN PEMIDANAAN DALAM PEMBARUAN HUKUM PIDANA NASIONAL TERKAIT TINDAK PIDANA ADAT (STUDI DELIK ADAT BALI)

<p><em>Reform of the National Criminal Law is absolutely necessary with political, practical and sociological considerations. The amend of Criminal Code also include adjustments of the punishment aims, which leads to restorative justice. Likewise the sanctions for criminal offense in adat law, the punishment is less than optimal if only imposed the freedom deprivation to the perpetrator's, it is necessary to make efforts in restoring the situation (balance).</em></p><p><em>This type of research is normative research, by analyzing norms and legislation related to the aim of punishment in customary offenses.</em><em> </em><em>The results of the research that is the aim of customary sentencing is not specifically regulated in positive law, but customary criminal law have the power to apply, based: Article 18 B paragraph (2) of The 1945 State Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951 on Temporary Measure in Organizing the Unity of the powers and procedure of Civil Courts, Law No. 48 of 2009 on Judicial Power, Law No.39 of 1999 on Human Rights, and the Supreme Court Decisions, among others: (1) Decision No. 1644K / Pid / 1988 dated May 15, 1991; (2) Decision No. 984 K / Pid / 1996 dated January 30, 1996. </em></p><p><em>In the positive law, there is a reflection of restorative justice as a concept that developed in modern criminal law in line with the purpose of sentencing the customary offenses. The aim of sentencing as ius constituendum is formulated in Article 55 paragraph (1) of the 2017 Criminal Code Concept which includes resolving conflicts that arise, restoring balance, and bringing sense of peace and secure in the community, which is in line with customary criminal sanctions because of the visible values of customary law; resolve conflicts, restore balance, and bring a sense of peace in society.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: Analysis, Purpose of Sentencing, Criminal Law Reform, Customary Criminal Act</p>

Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

The Reforming Of Money Politics Cases In Election Law As Corruption Crime

This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.

Legal Assistance of Government Law Office in the Procurement of Goods and Services

Procurement of goods/services is an activity to obtain goods/services by other Ministries/Institutions/Regional Work Units/Institutions whose process starts from planning needs to completion of all activities to obtain goods/services. The goods/service procurement activities are financed by the APBN/APBD, either carried out independently or by goods/service providers. The procurement of goods/services is essentially an attempt by the user to obtain or realize the goods/services it needs, by using certain methods and processes in order to reach an agreement on specifications, prices, time, and other agreements. The President of the Republic of Indonesia, in the process of dealing with the Covid-19 pandemic, has given instructions that were forwarded to the Deputy Attorney General for Civil and State Administration through circular number SE-02/G/Gs.2/04/2020 to carry out the stages quickly, precisely, focus integrated and synergistic among Ministries, institutions and local governments in the process of procuring goods and services. In the procurement process in an emergency, there are at least four important phases, namely planning, implementing, settling payments, and auditing. One of the duties and functions of the Junior Attorney General for Civil and State Administration is Legal Considerations consisting of Legal Opinion, Legal Assistance, and Legal Audit. Legal Assistance is a legal service provided by the State Attorney in the form of a legal opinion on an ongoing basis on an activity proposed by the Petitioner and ends with a conclusion on the provision of such Legal Opinion in the form of Legal Assistance Official Report.

Justifying (or Not) the Office of Trusteeship With Particular Reference to Massively Discretionary Trusts

In a recent article2 I examined the nature of private law offices, and here I extend that analysis to consider the trustee-beneficiary relationship where the trust is of a kind that Lionel Smith has called a “massively discretionary trust.”3 After considering some of the problematic legal features of such trusts, I shall probe the morally problematic features that these trusts present.

Pengaruh Kepuasan Kerja terhadap Komitmen Organisasional Karyawan pada Organisasi Kantor Hukum

From the literature studies, research has not been found that examines the effect of job satisfaction on employee commitment in organizations engaged in law firms, especially in the context of Jakarta, Indonesia. Generally, research is carried out in business organizations or government organizations. Meanwhile, managing a law office is different from managing a business or government organization. It is necessary to know how best an organization in the legal field should manage and treat its employees, so that they have high satisfaction and commitment to achieving organizational goals. Whether the approach to human resource management should be the same or different from that applied to other types of organizations. Thus this study aims to: (1) quantitatively examine the effect of job satisfaction on employee commitment in organizations engaged in the Law Office, (2) Identify the level of job satisfaction and employee commitment to the Law Office organization which is the object of study and the factors dominant forms of job satisfaction and high commitment from employees, and (3) Establishing theoretical and managerial implications based on the findings obtained in the first and second research objectives. The research was conducted using quantitative research methods through simple regression analysis. The data collection technique was carried out by distributing questionnaires to 153 (one hundred and fiftythree) respondents from a law office located in Jakarta, Indonesia. The results showed that job satisfaction had a significant positive effect on employee organizational commitment. This study also found three dimensions of job satisfaction that received high ratings so that the overall job satisfaction rate was categorized as very good. The four dimensions are sequentially: appreciation from the company, colleagues and the nature of the job .

Multilingual legal practice and law student internships in Malaysia

AbstractMediated through hierarchical domestic institutions and a global system of jurisprudence that tends to view older jurisdictions as more authentic or authoritative legal sources, the language of common law is seldom explored through a world Englishes lens, but Malaysian law has opened up possibilities for indigenised and pluricentric common law by its use of Malay alongside English. While some studies have examined bilingualism in Malaysian public courtrooms, few have looked into the less accessible spaces of law office practice. This study investigates bilingual legal practice through the experiences of law students undertaking professional internships at various institutions nationwide. Although some sectors lean toward one language more than the other, most students reported intense and dynamic patterns of bilingualism. The findings offer scope for research specifically into Malaysian legal English from a language contact perspective.

WEB-BASED LAWYER INFORMATION SYSTEM DESIGN AT NURHADISIGITLAW OFFICE

The presence of information systems today can be felt by almost all elements of society. In the elements of government, education, public and private industry, even UMKN has started to use information systems in carrying out their activities. The development of information system technology has not fully touched the current field, one of them is the element of the profession as a lawyer. In the 4.0 revolution era, lawyers should use a website-based information system. This is done to make easy for clients to get information quickly and accurately. Making information systems using the waterfall method can run effectively, because it has phase of system requirements analysis, design, coding, and testing. With the support of the HTML, PHP, Javascript, and CodeIgniter programming languages ​​so that the process of creating a lawyer information system at NurhadiSigit Law Officer runs as expected and can be implemented optimally.

The Cambridge Companion to The Federalist

The Cambridge Companion to The Federalist

Cheats, Threats and Reflexivity: Organizational Narratives on Policing Organized and Economic Crime

Abstract Drawing on narrative criminology and sensemaking theory, this paper explores interpretive patterns in an interagency policing collaboration that targets ‘work-related crime’ (WRC). WRC is a policy term denoting organized crime and economic offences (i.e. tax evasion, benefits fraud, labour exploitation and immigration law offences) and is framed as a threat to the viability of the welfare state. While the concept signals an intent to coordinate across agencies, policing takes place within local and institutional contexts. How do agents in the police and collaborating agencies render the policy concept ‘work-related crime’ meaningful and actionable? The study articulates three organizational narratives explaining WRC as fundamental criminogenic change, as stability and as a reflexive product of the control apparatus.

FACTORS AFFECTING THE WORK MOTIVATION OF LAWYERS AT LAW OFFICES IN QUANG NGAI PROVINCE, VIETNAM

This study is conducted to investigate which factors affect the work motivation of lawyers at law offices in Quang Ngai province. The results of data analysis from a survey of 298 lawyers show that the work motivation of lawyers is most affected by Income and Benefit policy, followed by Working conditions, Relationship with colleagues, Feeling the personal role in work, Work-life balance and finally Recognition of Achievement.
 
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LAW ENFORCEMENT AND PROTECTION OF NOTARIES IN THE CRIMINAL DOMAIN AND LAW OF NOTARY POSITION (CASE STUDY OF DECISION NUMBER 196/PID.B/2019/PN DENPASAR)

Notary is an official authorized to make an authentic deed in accordance with the provisions of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Position of Notary (UUJNP). In carrying out his duties, the notary must uphold the moral values ​​and professional ethics and must obey the applicable law so as not to make mistakes which will carry risks for the notary himself and cause harm to the community. Risks arising from negligence for the notary public in their duties are in the form of enforcement of sanctions both civil sanctions, criminal sanctions and administrative sanctions. This study analyzes criminal enforcement of notaries, as well as norm conflicts that arise between criminal decisions by judges against notaries and the applicable laws. The aims of this study is to find out the enforcement and sanctions against notaries in the realm of criminal law and notary office law based on case study of decision number 196 / pid.b / 2019 / pn Denpasar), and to determine the form of legal protection against notaries. This study uses the normative juridical method. The results of this study revealed that there are two elements in law enforcement and protection of notaries, namely preventive and repressive. Preventive in the form of supervision of notary practices and repressively is the imposition of sanctions. The form of legal protection for notaries is carried out by the Notary Supervisory Board and the Notary Honorary Council.

Organizational structure of the legal profession in the Republic of Kazakhstan

Today, improving the means of protecting human rights is not only an integral part of the overall process of forming the rule of law, but also a prerequisite for determining the degree of maturity of civil society. That is why understanding the nature of the legal profession, its types, forms of organization, areas of activity, relationships with other social structures and the legal regulation of its existence is the essence of scientific research about the legal profession. The relevance of the topic of the article is confirmed by the trends and dynamics of the internal development of modern democratic states, the need for a comprehensive comprehensive theoretical and legal study of the effectiveness of the bar in the mechanism of ensuring the constitutional rights of citizens, the creation of a conceptual model of the new relationship of the bar with state authorities, civil society, The article considers the organizational structure of the bar under the Law of the Republic of Kazakhstan “On Advocacy and Legal Assistance”. Legal practice in the Republic of Kazakhstan is organized in a legal consultation established by the bar association, or by creating a law office by lawyers who carry out sole activity without registration of a legal entity, as well as independently or jointly with other lawyers. The article focuses on the peculiarities of the organization of these forms of organization of the bar, as well as the features of the activities of the Republican bar association, the body of management of the bar at the republican level. The article highlights the best foreign practices and activities of the International Bar Association. Key words: legal profession, bar association, legal practice, legal advice, legal assistance, client, attorney-client privilege, law office.

Reformulation of Money Politics Crime in Electoral Law as a Corruption Criminal Action

Money politics is directly related to corruption crime since it has an element of bribery that can harm state finances if the doer occupies his political office. Money politics occurs during political campaigns until general elections day. Indonesian electoral law or regulation have not included money politics in corruption crime. This research examined and deeply discussed how the formulation of money politics crime in current election, what are the legal issues in election crimes, and how the reformulation of money politics in electoral law as a corruption criminal act. This study used a normative-juridicial research method. Based on this research results, it is known that the formulation of money politics crime in current election can only be interpreted implicitly. Legal issues in election crimes are still rampant today as exemplified by the author through political crime cases in regional and legislative elections. The reformulation can be carried out by including a corruption clause as special offense in electoral law.

Psikolojik Güçlendirme Algısının Örgütsel Özdeşleşme Üzerindeki Etkisinde Kariyer Memnuniyetinin Aracılık Rolü

In this study, it is aimed to determine the effect of psychological empowerment perception on organizational identification and whether career satisfaction has a mediating role in this effect. A model for the realization of this goal was developed and in order to test the model, data were collected using a questionnaire technique from 262 lawyers working in law offices in Konya. The data obtained were evaluated using descriptive statistics, confirmatory factor analysis, correlation analysis, and structural equation model. As a result of the correlation analysis, positive and significant relationships were found among the variables of psychological empowerment perception, organizational identification, and career satisfaction. In the structural equation model performed to test the hypotheses, it was determined that the effect of psychological empowerment perception on both organizational identification and career satisfaction was found to be positive and significant. In addition, it has been concluded that career satisfaction positively affects organizational identification. Finally, it has been determined that career satisfaction has a partial mediating role in the effect of psychological empowerment perception on organizational identification.

Hmong ‘Marriage by Capture’ in the United States of America and Ukuthwala in South Africa: Unfolding Discussions

‘Marriage by capture’ among the Hmong people in the United States of America and ukuthwala in South Africa both take the form of the mock abduction of a young woman for the purpose of a customary marriage. The noteworthy point about these two customary marriage practices is that, although Hmong marriage by capture takes place in the context of a minority community in a liberal state, and ukuthwala occurs in a postcolonial state, courts in these jurisdictions convert these marriage practices to the common law offences of rape, assault, and abduction. This article reflects on the accused-centred approach in the case of People v Moua, in which the court invoked the cultural defence, and the victim-centred approach in Jezile v S, which severed cultural values from the rights of the woman. It questions whether the two communities in question, in their respective liberal and postcolonial settings, influence the attitudes of the courts in cases involving rape, assault, and abduction charges. The main argument proffered is that both approaches may encourage communities to continue marriage abduction practices without bringing them to the attention of investigative organs, with adverse human rights implications for the women and girls affected. The ultimate purpose of this conversation, therefore, is to show how the approaches of the courts to the recognition or non-recognition of these customary practices affect the rights of girls and women who encounter institutions of law that alienate people belonging to minority cultural groups, and often perpetuate injustice.

Защита профессиональных прав адвокатов в Российской Федерации: «адвокат» без статуса адвоката

Professional rights protection of a lawyer is a contemporary problem that affects the interests of both a lawyer and his entire legal community. The article is based on the current legislation study and raises the issue of combating individuals who use such concepts as «lawyer», «law office» and other similar terms when advertising their activities and in its implementation. The author of the article notes the negative consequences of these terms dishonest use for the entire legal community and proposes a solution to this problem.

Защита профессиональных прав адвокатов в Российской Федерации: «адвокат» без статуса адвоката

Professional rights protection of a lawyer is a contemporary problem that affects the interests of both a lawyer and his entire legal community. The article is based on the current legislation study and raises the issue of combating individuals who use such concepts as «lawyer», «law office» and other similar terms when advertising their activities and in its implementation. The author of the article notes the negative consequences of these terms dishonest use for the entire legal community and proposes a solution to this problem.

Why You Can't Sue Your Broadband Monopoly

The combination of Federal Communications Commission (FCC) regulations and Supreme Court decisions have created a circular regulatory regime wherein the FCC is the sole authority for making determinations regarding broadband internet services as well as the deferential authority for broadband competition and the result is people are left without legal recourse. The FCC determines the classification of broadband network services, which companies are allowed to provide said services, the amount of enforcement authority that will be enacted regarding those providing broadband services, and, in the event that a regional monopoly service provider takes any anticompetitive action, the FCC is also the sole authority to determine the appropriate response. This paper examines how the FCC, along with two decisions of the Supreme Court of the United States, Verizon Communications, Inc. v. Law offices of Curtis V. Trinko, LLP and Credit Suisse Securities (USA) LLC v. Billing. have created a market where all decisions regarding the regulation of broadband networks are deferred to the regulatory agency and restrict legal recourse for citizens that wish to pursue a claim under antitrust laws. Further, this paper will examine what the legal landscape would look like if there were Congressional action to overturn Trinko and Credit Suisse as envisioned in the recently published House Majority Staff Report on antitrust.

The Canberra Bubble

The Canberra Bubble