Legal Arrangements Research Articles

Analisis Yuridis Pencabutan Hak-Hak Politik Pelaku Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung RI Nomor 113 K/PID.SUS/2020)

Eradicating the crime of corruption must apply strict sanctions in order to provide a deterrent effect for corruptors, as well as being expected to reduce anyone from committing corruption. One of the latest breakthroughs is to apply additional criminal sanctions for revocation of certain rights. The formulation of the problem in this thesis is how the legal arrangements for the revocation of political rights against perpetrators of criminal acts of corruption, how criminal responsibility for perpetrators of criminal acts of corruption, how the legal considerations of judges on the revocation of political rights against perpetrators of criminal acts of corruption. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The legal regulation on the revocation of political rights in the form of the right to be elected in public office is the implementation of the application of criminal sanctions that are extraordinary enforcement as regulated in Article 17 of the Law of the Republic of Indonesia Number 31 of 1999 in conjunction with the Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication Corruption crimes may be subject to additional penalties as referred to in Article 18 paragraph (1) letter d and Article 10 letter b number 1 of the Criminal Code concerning additional penalties. The results of the study indicate that the judge's legal considerations for the revocation of political rights against perpetrators of criminal acts of corruption are criminal acts committed cannot be a good example. At the end of its decision, the Panel of Judges imposed an additional penalty on the Defendant in the form of revocation of the right to be elected in public office for 3 (three) years after the Defendant had finished serving his main sentence.

PERLINDUNGAN HUKUM BAGI PENYANDANG CACAT MENTAL SEBAGAI KORBAN TINDAK PIDANA

Whereas the legal arrangement that regulates the implementation of legal protection for persons with mental disabilities as victims of criminal acts is Law Number 19 of 2011 concerning Ratification of the Rights of Persons with Disabilities, persons with disabilities are people who have physical, mental, intellectual or sensory limitations for a long time in interacting with the environment and attitudes of the people may encounter obstacles that make it difficult to participate fully and effectively based on equal rights. The implementation of examinations for persons with mental disabilities as victims of criminal acts is through 4 forms of protection, namely by implementing law enforcement, educative prevention, preventive management, and repressive management. Therefore it is necessary for the Office of Social Affairs and Labor to conduct training and allocate budget funds to ensure legal protection for persons with disabilities who are victims of criminal acts.

Pengaturan Pertanggungjawaban Holding Badan Usaha Milik Negara Sektor Asuransi dan Penjaminan pada Sistem Hukum Nasional di Indonesia

Holding SOE, including SOE holding in the insurance and guarantee sector, is a form of corporate restructuring to improve company performance through the consolidation of several SOE. The holding in the insurance and guarantee sector was formed based on Government Regulation Number 20 of 2020 concerning the Addition of State Equity Participation into the Share Capital of the Company PT Bahana Pembinaan Usaha Indonesia which stipulates PT Bahana Pembinaan Usaha Indonesia as the holding company. The problems in this research are how the legal arrangements for SOEs holding in the insurance and guarantee sector in the national legal system in Indonesia and how the responsibility of the SOEs holding company in the insurance and guarantee sector is for its subsidiaries. Based on the results of the research, it can be seen that the background to the establishment of a SOEs holding company in the insurance and guarantee sector is based on juridical factors, namely in Law Number 19 of 2003 concerning State-Owned Enterprises, Law Number 40 of 2007 concerning Limited Liability Companies, and Government Regulation Number 20 of 2020 concerning the Addition of State Equity Participation into the Share Capital of the Limited Liability Company PT Bahana Pembinaan Usaha Indonesia.

Professionally Qualified Persons in the Field of Fire Protection

For a safe society, it is necessary to implement measures to prevent the emergence, spread and rapid liquidation of crisis situations and the evacuation of people and animals, as well as environmental protection, which is ensured by professionally qualified persons or persons with special authorization. In the following text, based on the latest theoretical knowledge and practical approaches, we will therefore focus on mapping the current legal status of professional competence in the field of fire protection in the Slovak Republic and the Czech Republic. To compare both legal regulations, evaluate the situation and look for ways to make the provisions of the current legal regulation in the Slovak Republic more effective. We will mainly focus on professional competence and the persons who can obtain it based on the completion of vocational training, namely fire protection specialist, fire protection technician and village fire protection preventive officer. Comparisons of persons with professional competence between the Slovak and Czech legal arrangements in terms of professional competence, tasks and competences are also processed.

REGULATION OF BENEFICIAL OWNERSHIP IN SOUTH AFRICA AND ZIMBABWE

Criminals despise transparency. Beneficial ownership transparency measures are aimed at ensuring that the structure of corporate vehicles is evident and that their real owners do not hide behind the corporate veil. South Africa and Zimbabwe have been struggling to prevent and combat money laundering, corruption and tax crimes. Competent authorities in both countries are starting to appreciate the importance of beneficial ownership transparency measures in the fight against economic crime. This paper examines whether South Africa and Zimbabwe have made progress in establishing effective legal frameworks on the beneficial ownership of legal persons and legal arrangements. It discusses the Financial Intelligence Centre Amendment Act 1 of 2017 which establishes beneficial ownership transparency measures for South Africa. It goes on to discuss the Zimbabwean situation regarding beneficial ownership and its regulation. Lastly, it makes certain recommendations concerning the beneficial ownership regimes of both countries.

RESPONSIBILITY OF BUSINESS ACTORS FOR THE TRANSFER OF CONSUMER CHANGE FORMS

This article aims to provide an understanding of the legal arrangements for the transfer of consumer change forms by business actors and examine the responsibility of business actors for the transfer of consumer change forms that can result in losses to consumers. The writing of this article uses a normative legal research method through a statutory approach, conceptual approach, case approach and use primary and secondary legal materials. The characteristics of this research are categorized as descriptive research. The results of the study show that the regulation regarding the transfer of consumer change is regulated in Law no. 8 of 1999 concerning Consumer Protection, Law no. 23 of 1999 and Law no. 7 of 2011 which basically stipulates that rupiah currency is a legal tender in the territory of the Republic of Indonesia so that consumer change must be in the form of rupiah currency without being transferred in any form. This will certainly cause deviations in terms of legal rules because consumers feel disadvantaged and violated their rights. Therefore, a legal review is needed based on related regulations, especially regarding the responsibility of business actors for the transfer of consumer change.

Implementasi Bantuan Hukum Pro Bono dan Pro Deo Dalam Penegakan Hukum di Indonesia

Law exists in people's lives with the aim of creating justice, order and peace in society where the law applies, the State clearly emphasizes through legislation that every citizen is seen as equal before the law and has the right to equality in legal protection. However, in reality, people with low economic status, or because of their ignorance, are unable to feel the protection and protection of the law in order to fight for justice, this is contrary to the principle of a rule of law, namely demanding guarantees of equality before the law . This research belongs to normative legal research (normative juridical), research using primary legal materials accompanied by secondary legal materials. A statutory approach is used in this study to analyze all related arrangements. In this study will discuss issues regarding implementation and related legal arrangements. The findings in this study indicate that there is an obligation for law enforcers to be able to provide maximum and equitable legal services for all levels of society, be it free legal assistance, pro bono case handling, or pro deo proceedings. The next finding is that there are sanctions for law enforcers who refuse to carry out these obligations.
 Keywords: Legal Aid, Pro Bono obligations, Pro Deo obligations.

Making sense of reablement within different institutional contexts. Collaborative service ideals in Norwegian and Danish home care

AbstractWith population ageing, many countries are setting up reablement—short‐term rehabilitative eldercare interventions—aimed at helping older adults to regain independence and thereby curb their need for long‐term care. Reablement is premised on a citizen‐centred and collaborative service ideal intended to challenge the fragmented thinking associated with professionalism and a dispersed service delivery field. Drawing on contextualist sensemaking theory and cross‐national qualitative case study data, we explore how historical and institutional conditions influence the way reablement is made sense of on the ground. In Danish settings, characterised by legal regulations and institutional arrangements rooted in previous New Public Management reforms, new service ideals were constrained by vertical levers of control. The Norwegian bureau–professional settings opened up for user involvement but also gave rise to tensions between reablement teams working to prevent ill health and agencies expected to respond to the urgent needs of the frailest elderly.

Analisis Teori Hukum terhadap Penegakan Tindak Pidana Pemalsuan Uang: Analisis Teori Hukum Positif dan Teori Hukum Responsif

Purpose: The purpose of writing this journal is to find out the legal arrangements for the crime of counterfeiting money, and to know the analysis of the implementation of law enforcement against the crime of counterfeiting money. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that legal arrangements for the crime of counterfeiting money are regulated in the Currency Act and in the Criminal Code which explains that everyone, both individually and as a group, who counterfeits rupiah currency will be punished with imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). In addition, based on the provisions of Article 244 of the Criminal Code, it is explained that anyone, either individually or as a group, who makes counterfeit money with the intention of circulating it will be subject to imprisonment for a maximum of fifteen years. Analysis of the implementation of law enforcement against the crime of counterfeiting money is still not optimal, especially with regard to the imposition of criminal sanctions which are still very low, so that the crime of counterfeiting currency is considered not a serious crime. This is possible because the proof is relatively easy. There has been a paradigm shift regarding currency, not just a means of payment, but money can be used as a tool for politics, economic colonization and so on.

Legal arrangements and election oversight during the COVID-19 pandemic

In several regencies or cities in Indonesia, simultaneous local elections will be held. However, the implementation of the 2020 regional head elections this time is different from the previous year due to the COVID-19 outbreak that has hit the whole world. The direct election of regional heads certainly has broad implications for the Indonesian constitutional system. The purpose of this research is to explain the factors that cause violations and solutions for handling election campaign violations during the pandemic in Indonesia (Mahapatra & Plagemann, 2019; Nwankwo, 2021). This research was conducted using a normative juridical approach and data analysis using a qualitative descriptive approach. The results of the study concluded that the causes and solutions for campaign violations include substance, structure, and culture. In substance, there are regulatory weaknesses in handling election campaign violations as a contributing factor. The structure as the cause of campaign violations can be seen from the election organizers, in this case, the General Election Commissions and Election Supervisory Body, so the solution must be cooperation between parties related to the holding of regional elections. Therefore, the solution that can be done is socialization to the community and increased supervision of election campaigns conducted by the community.

Green reporting in the perception of reports preparers. Evidence from Poland

Purpose: The main purpose of the paper is to assess the perception of environmental reports preparers related to the obligation towards disclosing environmental information from the perspective of the company interests. The auxiliary aim of the article is to propose integrated green reporting in the context of theoretical foundations, in particular the theory of legitimacy, stakeholders and agencies. Design/methodology/approach: Surveys were used to assess the perception of preparers of environmental reports. The empirical data was collected in a non-exhaustive survey. In the statistical analysis of the survey data, contingency tables and association measures for categorical variables were used (examination of correlations between pairs of survey questions) as well as logistic regression models and odds ratios (examination of the impact of explanatory variables on the selected survey questions with dichotomous values). Findings: In the opinion of the respondents, the disclosure of environmental information is useful for stakeholders. They partly agree to extend the mandatory subjective and objective scope of the disclosure of environmental information. However, their opinion depends on some features of the enterprise, capital connections and the type of information shaping the enterprise image. The disclosed environmental information is an important element of influencing the company image, but it is not the most important one. Research limitations/implications: This research is the first, pilot stage of the overall research. In the next stages, the research sample will be enlarged. The second limitation is the focus on Polish enterprises. As part of the research continuation, we intend to cover other countries. Practical implications: Appropriate legal arrangements are needed to adequately enforce the scope and quality of reporting focused on environmental information. The author's definition of green reporting refers to a comprehensive, integrated environmental report combining financial and non-financial information arranged according to the substantively separated areas. Social implications: Our proposed integration of environmental information in one report – green report - that emphasizes the importance of the environmental protection problem, which will increase the transparency and availability of information, and ensure its comprehensiveness for stakeholders, and as a result have a positive impact on environmental awareness in the business operations of enterprises. Originality/value: The research was conducted from the perspective of preparers and managers that disclose environmental information. Our research is the broadening and deepening of knowledge on environmental information reporting in Poland, as well as participation in the discussion on the desired directions of its development. Keywords: green accounting, green reporting, environmental disclosures, non-financial statement, CSR. Category of the paper: research paper.

Democratization and federalization. A comparative perspective between Russia’s and Spain’s early forays into a federal system

Undoubtedly, Russia occupies a distinct position within the political landscape, differentiating it from Western democracies that themselves exhibit considerable variation. This uniqueness can be attributed, in part, to Russia’s geographic characteristics, encompassing diverse subdivisions characterized by variations in population, natural resources, territorial expanse, and distance from the central authority. However, what truly distinguishes Russia is its contemporary history and recent experiences with federalization— a framework that has defined its operations since it became the Russian Federation following the dissolution of the Soviet Union. The objective of this paper is to analyze the distinctive features of Russian federalism in its early stages, employing a comparative perspective against the Spanish case, in order to ascertain the consequences of the legal, organizational, and territorial arrangements established during Russia’s early democratization period. The focus is to evaluate the implications of these changes on the establishment of a legally-binding democracy and a well-functioning federation, ultimately questioning whether Russia genuinely qualifies for either of these classifications.

Analisis Yuridis Penerapan Diversi dan Keadilan Restoratif dalam Sistem Peradilan Pidana Anak pada Tingkat Penyidikan Demi Mewujudkan Perlindungan Anak

Abstract: Purpose: This study is to find out the legal arrangements for diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police, to find out the implementation of diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police and to Know the Constraints / Barriers and Solutions to diversion and restorative justice in the juvenile justice system at the investigative level in order to realize child protection in the Riau Islands Regional Police. Method: This research is normative legal research, supported by sociological/empirical research, using secondary data sources from library research to obtain a theoretical basis in the form of opinions or writings of experts, as well as to obtain information both in the form of formal provisions and data through official texts. Result: The formal criminal justice system which ultimately places children in prison status certainly brings considerable consequences in terms of child growth and development. The punishment process given to children in prisons does not succeed in making children deterrent and become better individuals to support their growth and development process, prisons often make children more skilled in committing crimes. Keywords: 1. Diversion 2. Investigation 3. Child Protection

ИЗМЕНЕНИЯ В ОРГАНИЗАЦИИ ПУБЛИЧНОЙ ВЛАСТИ РЕГИОНОВ ЦЕНТРАЛЬНОГО ЧЕРНОЗЕМЬЯ: ПРИОРИТЕТЫ И ОЖИДАЕМЫЕ ЭФФЕКТЫ

The purpose of the study is to identify the main trends in the evolution of state and municipal government in Russia at the regional and local levels after the amendments to the Basic Law of the Russian Federation. It is established that the amendments to the Constitution of the Russian Federation in 2020 launched the organizational and legal arrangement of a unified system of public authority in the country. On the basis of the amendments, the federal legislation on the organization of power at the regional level has already been transformed, and serious changes are expected in the legal regulation and organization of local self-government. The key direction of the changes is the unification, centralization and "verticalization" of the system of public authority. At the same time, state authorities in the subjects of the Russian Federation will receive additional opportunities in terms of regulation of the local authorities’ activity and control over it. The general orientation of the novels already adopted and proposed for adoption strengthens the system of vertical political and resource control of higher levels of public authority over lower ones. It promotes the state economic policy based on the redistribution of resources accumulated in the federal center through state programs and projects down the "vertical". The key problems in the functioning of such a structure are the difficulties in making decisions on the optimal allocation of resources and the implementation of state policy, the distortion of information when hierarchical political and managerial control prevails.

Legal Arrangements for Natural Gas Export under Sanctions

In 2022, the Russian fuel and energy complex was subjected to unprecedented pressure from foreign states committing unfriendly actions through the application of various sanctions. The export of natural gas as a key source of oil and gas revenues of the budget of the Russian Federation is one of the main targets of economic sanctions. In order to reduce the negative impact of the application of economic sanctions, the development and application of prompt response measures, effective arrangements of legal regulation to counteract economic sanctions against Russian natural gas export, becomes urgent. This article analyzes the types of sanctions applied by states committing unfriendly actions to the export of natural gas, as well as the response legal regulation mechanisms adopted in order to counteract sanctions. Based on the results of the analysis, the author formulated recommendations for the development of legal regulation of natural gas export under sanctions.

Electoral Process in Arab Countries (2011–2021): Specifics, Results, Political Activity and the Role of Youth

After 2011, the intra-political struggle in the Arab countries continues to evolve amidst the competition between and mutual influence of Islamism (fundamentalism) and nationalism (liberalism), yet in the midst of a crisis of both, when parties based on one of these two ideologies are no longer able to offer their voters concrete programmes of socio-political modernisation and overcoming the economic crisis. In terms of ideology, different parties use identical slogans in their election campaigns, exploiting the reformist strategy and arguments, seeking to expand their social base in the absence of public consensus. New constitutions and electoral laws adopted after 2011 have transferred this struggle into a legal frame, creating conditions for political competition. The elections really became a multi-party event and allowed Islamic parties to participate in the political process along with secular parties. Exactly these parties became the main rivals in the electoral process of the last decade, which demonstrated that the implementation of the constitutional plan in practice is an ambiguous task, and society (despite the establishment of a new system of legal arrangements) continues to be split and cannot give preference to any ideology and the forces representing such ideologies. The “external factor” contributed to the strengthening of Islamic parties in the first electoral cycle after the “Arab Spring”, however, later the preference was given to secular parties. Young people, having actively shown themselves in the unrest of 2011, lost interest in political life, which is evidenced by the fall in voter turnout in the second and third electoral cycles. Dynamics and results of the electoral process in 2011–2021 demonstrate a specific type of constitutional crises in a traditional society facing the need for modernization. The electoral process is studied on the basis of the analysis of new electoral laws and the results of parliamentary elections in the Arab countries during the study period, which, together with research works, gives a better understanding of their modern political development.

Notary and legal arrangement of criminal law: Legal protection for notaries facing criminal cases

This study aims to analyze the legal protection for a notary either as a witness or as a suspect in the investigation stage of the deed he/she made. This study is important because notaries often face legal issues regarding the authentic deeds they produce. This study combines normative legal research and empirical law. In-depth interviews with notaries who have been examined as witnesses or suspects for the authentic deed made are carried out in depth. The results of this study indicate that investigators did not obtain prior approval from the Notary Honorary Council when examining a notary. Notaries are required to reveal client secrets during examinations, which infringes on their right to refuse. To provide adequate legal protection for notaries, in the future the Notary Honor Council must be empowered so that investigators cannot examine them without the panel’s approval. In addition, the notary’s right of refusal also needs to be used as a means of legal protection. In addition, further research regarding the examination of notaries at the trial stage needs to be carried out to obtain a comprehensive picture of legal protection for notaries.

Administrative data source based research methods for territory defined structure of budget investments

Introduction. The paper examines the territory defined structure of the budget investments in the Russian Federation constituents. Purpose. The paper aims at identifying and quantitatively evaluating the connection between the structure indicators of the budget investments and their frequency (per capita, square kilometer, gross regional product) by the groups of regions. Materials andMethods. The research referred to the administrative data sources with the information by the Russian Federation constituents included in the budget expenditure, its spending, investments in targeted investment programs. The paper applies theoretical and mathematical statistical methods of cluster analysis.Results. The paper structurizes the stages of budget legal arrangements and describes an original budget investment flow diagram at the federal, regional, and local levels. The research compares and analyzes the information capacities of the official statistics data and administrative resources in terms of budget investments by sources, composition, flow stages, administrative territorial levels. The original indicator system helps evaluate the territory defined structureof the budget investments with the cluster analysis methods. Conclusion. The results obtained by the author together with the administrative data and official statistics provide the informational grounds for comprehensive accounting and analysis of budget investment flows. The author’s methodological approach to a multidimensional study of a territory defined budget investment structure could be used by the executive authorities and local self-governments.

Application of Restorative Justice in the Crime of Theft

The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The Tulang Bawang District Prosecutor's Office, Lampung, Indonesia has implemented restorative justice for the crime of petty theft committed by the defendant with the initials BC based on the Decree on Termination of Prosecution of the Head of the Tulang Bawang District Prosecutor's Office Number: PRINT- 01/L.8.4.18/Eoh.2/ 01/2022 dated 27 January 2022 (RJ-14). The purpose of this study was to find out the legal arrangements regarding restorative justice in the settlement of petty theft cases, to find out the application of restorative justice in the settlement of petty theft cases at the Tulang Bawang District Prosecutor's Office, and to find out the obstacles for the Tulang Bawang district attorney to implement restorative justice. in the crime of petty theft committed by Defendant BC. The research method used is a normative method using a juridical approach by managing primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the legal arrangement regarding restorative justice in the settlement of cases of minor theft crimes is Perma Number 2 of 2012 concerning Adjustment of Limits for Minor Crimes which prioritizes restorative justice Police Circular Letter Number SE/8/VII/2018 concerning Application of Restorative Justice ). The application of restorative justice in the settlement of cases of minor theft crimes at the Tulang Bawang District Attorney is guided by the Republic of Indonesia Attorney General's Regulation No. 15 of 2020 because the defendant is the first time he has committed a crime. Obstacles for the Tulang Bawang District Prosecutor's Office in implementing restorative justice in the settlement of cases of minor theft crimes are that there are negative views and a lack of knowledge regarding community restorative justice, the large number of cases of theft that cannot be applied to restorative justice and the duration of time for making peace is too short.

Multi-layer long short-term memory (LSTM) prediction model on air pollution for Konya province

One of the main problems of the developing and changing world is air pollution. In addition to human causes such as population growth, increase in the number of vehicles producing exhaust emissions in line with the population, development of industry, natural causes such as forest fires, volcano eruptions and dust storms also play a role in increasing air pollution. Air pollution has become a bigger problem that reduces the quality of life of living beings and causes various lung and heart diseases due to reasons such as the growing proximity of settlements to industrial zones due to population growth, the increase in the number of individual vehicles, and zoning works carried out by ignoring air quality. Both international organizations and local authorities take various measures to control and prevent air pollution. In Turkey, necessary legal arrangements have been made within the scope of these measures and air quality monitoring stations have been established. The task of these stations is to measure pollutants such as PM10, CO, SO2 together with meteorological data such as air temperature, humidity, wind speed and direction. In this study, a prediction model for the future concentrations of PM10, CO and SO2 pollutants using the measurement data from three different air quality monitoring stations in Konya between January 2020 and January 2021 was realized with a multi-layer Long Short Term Memory (LSTM) artificial neural network. The Root Mean Square Deviation (RMSE) and Mean Absolute Percentage Error (MAPE) methods was used to calculate the performance of the study. As a result of the study, it is observed that the multi-layer LSTM architecture is more successful than the single-layer architecture.