Benefit Principle Research Articles

PRINCIPLE OF BENEFIT AND PUBLIC INTEREST: REFUSAL OF PROCUREMENT OF ELECTRIC SERVICE CARS BY THE MAYOR OF SOLO

<p><em>The General Principles of Good Governance are one of the main references applied by many countries in the world, especially developing countries as an effort to improve their governance systems. The General Principles of Good Governance are needed to limit the government's authority so as to avoid excesses of authority as well as a basic reference for achieving an appropriate policy. The purpose of conducting this research is to find out the application of the principle of public interest and the principle of benefit for the realization of "good governance" in the government of Gibran Rakabuming Raka, especially in his policy of refusing to procure electric cars as official vehicles contained in Presidential Instruction Number 7 of 2022. This research was conducted by using normative juridical research methods with data taken from previous research literature, legal literature, legal scientific journals, laws and regulations, online news, and others, which then resulted in a conclusion that the policy taken by Gibran Rakabuming Raka in rejecting procurement electric cars for official cars refer to the Principles of Public Interest and the Principle of Benefit</em></p>

Pelaksanaan Parate Eksekusi Dalam Jaminan Fidusia Di Indonesia

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

An Analysis of the Channels for Accessing Economic Benefits in the Commons Governance Regime of Space Resources

On September 22, 2022, the world’s first transaction on space resources took place, highlighting the need for an international space mining regime. Although outer space is often considered global commons, there is a concern that the commons governance regime may hinder the commercial use of space resources. The current research does not provide an in-depth analysis of the incentive mechanism under the global commons governance regime, let alone the economic incentive mechanism. This paper explores how to construct the channels for accessing economic benefits in the commons governance regime of space resources. The channels will constitute a critical incentive mechanism for the regime, and they should conform to two principles closely related to the commons and incentives: the common benefit principle contained in international law and the 2B principle proposed by Ostrom. This paper summarizes the basic types of channels and their combinations and finds that the channels and their combinations in previous studies and the latest international instruments do not fully meet the requirements of the two principles. Based on the principles, this paper puts forward a new proposal, which integrates four existing channels and one new channel. Compared with previous research, the proposal suggested in this article has advantages in the following aspects: promoting the realization of the two principles, incentivizing diverse countries to accept commons governance of space resources, and encouraging space cooperation between spacefaring nations and non-spacefaring nations.

Leisure Agriculture and Rural Tourism Benefit Analysis on Eco-Environmental Resource Use

In recent years, particularly, the expansion of tourism has become more and more prosperous, and along with it, the impact on the natural environment has become greater and greater. As a result of the continuous development of the economy, human activity is having a greater impact on the natural environment and agricultural depth. The desire to feel more connected to nature and life is leading an increasing number of people to relocate to more rural areas. Because of this, the management and preparation of rural tourism destinations are of utmost significance. This paper presents a study on the analysis of the benefits of the use of ecological and environmental resources driven by the development of leisure agriculture and rural tourism. The study was carried out by the Environmental Economics and Policy Group (EEPG). The primary purpose of this study is to conduct an analysis of the benefits of agroecological environment and resource use in Jilin Province in accordance with the evaluation system of resource and environmental benefits of leisure agriculture. This evaluation will be combined with an analysis of the current situation of resource use and will be based on the principle of net social benefits of resource and environmental supply. The results of the experiments show that the coupling degree of the agricultural economic system in Jilin Province from 2015 to 2021 is greater than 0.9, which places it in the category of high-quality coupling (0.9 ≤ C ≤ 1). The degree of synergy ranges from 0.54608 to 0.78358 and exhibits an upward trend, but it remains in the medium synergy stage (0.50 ≤ D ≤ 8). This paper carries out relevant research on ecological and environmental resource use, which is of great practical significance in promoting the rational use of leisure agricultural resources, and, ultimately, the long-term sustainable development of leisure agriculture. In addition, the paper presents an analysis of the benefits of ecological and environmental resource use promoted by the development of leisure agriculture and rural tourism.

Voluntary Interaction and the Principle of Mutual Benefit

Voluntary Interaction and the Principle of Mutual Benefit

Efektifitas Pembentukan Kampung Restorative Justice dalam Penanganan Kasus Pidana di Kejaksaan Negeri Tabanan

The State of Indonesia is a legal state (rechtsstaat), this has received legitimacy through the provisions of Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution). The Attorney General's Office has issued several policies, including the First, the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. It is hoped that this provision as a form of prosecution discretion can be used by the Prosecutor to view and balance between the applicable rules and the principle of benefit to be achieved. Diversion and Restorative Justice are the basis for reforming the criminal justice system in the implementation of the juvenile justice system, which can be seen in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which aims to prevent child offenders from being subjected to punishment or punishment. Both concepts are new things for Indonesian people. Law Number 3 of 1997 does not contain restorative juctice principles, and there are no strict provisions regarding diversion (settlement outside the process). Termination of Prosecution Based on Restorative Justice stipulated in the Attorney General Regulation Number 15 of 2020 guidelines for Public Prosecutors to stop prosecutions with due observance of fairness, public interest, proportionality, punishment as a last resort, and fast, simple and low cost. Socialization Perja 15 of 2020 and updating the role of the prosecutor's office in tackling crime in realizing restorative justice by means of, among other things, making peace efforts and having a peace process where the prosecutor plays an active role in handling cases so that cases can be resolved without having to go to court.

Harmonisasi Kemanfaatan dan Keadilan dalam Perlindungan Hukum Bagi Konsumen

Consumer is everyone who uses goods and / or services available in society, either for their own interests, as well as for family and other people and other living things and not for trade. In practice, of course, business actors are responsible for the goods and services consumed by consumers, and if the goods and services are in accordance with the agreement, it will provide benefits for consumers, but if it turns out that the goods or services purchased do not provide the results desired by consumers, such as experiencing damage, hidden defects, consumers have the right to ask for compensation to business actors, and given in accordance with consumer rights based on the principle of justice so that legal consumer protection can be fulfilled. The purpose of this study is to find out how harmonization of the principles of benefit and justice in providing legal protection for consumers, including in fulfilling fair compensation in resolving consumer disputes with business actors, so that in line with the principles of benefits and justice can provide legal protection for consumers and responsibilities to business actors in accordance with their respective rights and obligations.

The Influence of Online Promotion, Service Quality, and Price on The Sustainability of Culinary Msmes In Parepare City After The Covid-19 Pandemic In The Perspective of Maslahah

Abstract
 The purpose of this study is to determine the effect of online promotion, service quality, and price on the sustainability of culinary MSMEs in the city of Parepare after the COVID-19 pandemic in the perspective of the community. This type of research is a mixed method. The approach used is a descriptive and associative approach. The research was conducted in Parepare City to MSME actors. Data collection techniques and instruments were carried out through the distribution of questionnaires to 50 samples. The methods used to test the hypothesis are by using pearson product moment correlation analysis techniques, multiple linear regression, f test, coefficient of determination (R2) and interview. The results showed; 1) Online promotion (X1) is very good, evidenced by respondents' answer scores of 88% in the category of 84.01% - 100% with a very good classification. 2) Service quality (X2) is good, evidenced by respondents' answer scores of 83% in the category of 68.01% - 84.00% with a good classification. 3) The price adjustment (X3) is very good, evidenced by the respondent's answer score of 85% in the category of 84.01% - 100% with a very good classification. 4) Sustainability (Y) is very good, evidenced by respondents' answer scores of 85% in the category of 84.01% - 100% with a very good classification. 5) There is no relationship between online promotion (X1) and weak significance to the sustainability variable (Y), evidenced by significance values of 0.088 > 0.05, so there is no correlation. 6) There is no relationship between service quality (X2) and weak significance to the sustainability variable (Y), evidenced by a significance value of 0.122 > 0.05, so there is no correlation. 7) There is no relationship between price (X3) and weak significance to the variable sustainability (Y) as evidenced by a significance value of 0.129> 0.05. 8) Online promotion (X1), service quality (X2), and pricing (X3) have no partial effect on sustainability (Y), as evidenced by their respective significance values of 0.140, 0.229, 0.211 > 0.05, concluded to have no effect. 9) Online promotion (X1), service quality (X2), and price (X3) simultaneously have no significant effect on sustainability (Y), evidenced by a sig of 0.097> 0.05 or a calculated F value of 2.234 < Ftable 2.81 is concluded to have no effect. (10) The most dominant variable for sustainability (Y) is online promotion (X1) with an unstandardized coefficients value of 0.244.( 11) MSME actors in Parepare City maintain the sustainability of their business by implementing good strategies in accordance with the principles of Hajiyyah benefit.

ANALYSIS OF THE IMPLEMENTATION OF BUSINESS ETHICS PRINCIPLES AT UD. CHICKEN CUT YA2N. S

Business is a profit-seeking activity, a lot of fraud occurs just to seek personal gain without paying attention to applicable business ethics. This study aims to analyze the implementation of the principles of business ethics in the business activities of UD. Ayam Goreng Ya2N.S. This study uses descriptive qualitative methods with data collection techniques in the form of interviews and documentation. The primary data in this research are the owner (owner) of UD. Ya2N.S Broiler Chicken and consumers who buy chicken at the Ya2 N.S kiosk. The results of the study show that UD. Ya2N.S's Cut Chicken has implemented the principles of business ethics well in its business activities, with the principles of autonomy, the principles of honesty, the principles of fairness, the principles of mutual benefit and the principles of moral integrity. The implementation of the principles of business ethics results in the maintenance of good relations with consumers and other stakeholders.

Cooperation of the Republic of Azerbaijan With the Republic of Belarus in the Field of Science, Education and Technology

The socio-economic essence of the state, the country's defense capability and national security, the cultural and educational progress of society and the welfare of the people are directly related to the level of scientific development. Cooperation between Azerbaijan and Belarus is developing in all areas of mutual interest, and ties in the fields of science, education and technology occupy a special place. Joint scientific research, the implementation of joint innovative projects in the interests of the economies of the two countries and the organization of joint production are carried out as priority areas of bilateral scientific and technical cooperation. Cooperation in the field of education is developing dynamically. The agreement between the Government of the Republic of Belarus and the Government of the Republic of Azerbaijan on cooperation in the field of science and technology promotes the development of scientific and technical cooperation based on the principles of equality and mutual benefit. This article is based on the method of reviewing cooperation between the Republic of Belarus and the Republic of Azerbaijan in the field of science, education and technology, where potential research areas are identified. Keywords: Belarus-Azerbaijan, scientific and technical relations, international relations, education in Azerbaijan, education in Belarus

The Paradigm of Applying Zero Verdict Based on Principles Legal Certainty, Justice, and Benefit

The null verdict is a criminal sentence against someone who has received the criminal sentence with the maximum limit but must be retrialed due to certain cases so that the criminal sentence given is nil or the maximum limit has been reached. Zero verdicts are given to criminals who have received the maximum limit in the principal sentence. Criminal terms for a certain time may not exceed 20 years as stated in Article 12 paragraph (4) of the Criminal Code. Life imprisonment is stated in Article 67 of Criminal Code that if the perpetrator of a crime has been sentenced to life imprisonment, then additional punishment may not be given. The legal gap in the zero verdict is its application, which does not provide any punishment, which in this case has the potential to cause misunderstanding, so that its application needs to be straightened out by reviewing several court decisions, and reviewed from the principles of legal certainty, justice and benefit.. The research method used is normative juridical by studying, viewing, and examining several theoretical matters concerning the Criminal Code and conceptual as the new paradigm. The results of the study show that the Judge's Consideration in imposing Zero verdict, when associated with principles of certainty, practicality, and fairness, has reached all three parameters, even though it is more inclined to principle justice because the imposition of criminal sanctions in all decisions solely refers to criminal acts along with criminal threats by applicable regulations without being contrived.

Человек эпохи перемен в контексте социально-экономической трансформации систем

The article is devoted to the current problem of preserving the human personality, man as a biosocial being in the context of the transformation of the socio-economic system. The purpose of the article is to identify the place and role of a person in a changing socio-economic system. In the course of the study, system analysis, deduction, induction, analogy, situational analysis and dialectics were used. It’s no secret that the measure of the development of the capitalist economic system is the monopolization of the economy, namely its concentration through the process of mergers and acquisitions of large national corporations, which is directly related to the circulation and the logic of capital itself. The insatiable thirst for the appropriation of someone else’s work on the part of the ruling class gives rise to infringement of a person’s freedom of choice and expression of his own thoughts. At one time, the outstanding Russian philosopher, logician and publicist Zinoviev A.A., contrasting capitalism and socialism, noted: “The Soviet system in its development is the pinnacle of history. The most perfect for domestic conditions.” Indeed, the Soviet Union was a major state in the world, which included 15 republics. All peoples worked closely together and economically interdependent on the principle of equality and common benefit for all. The Commonwealth has helped to achieve huge results. Science, technology, industry and agriculture were developing. It was under the Stalinist model of the economy that the idea of improving human life in all its manifestations was preserved, which cannot be said about the capitalist system, aimed only at exploiting man by man and the desire to increase his personal capital. This work is of scientific interest to a wide range of specialists and analysts. In addition, the information presented in the article can serve as a scientific basis for modeling and forecasting patterns, advantages and disadvantages of the development of the capitalist economic system within the historical paradigm.

Accountability and Transparency of Financial Statements of the National Zakat Agency (BAZNAS) of Magelang Regency in Maximizing Zakat Potential

This writing aims to find out how the zakat management system, accountability and transparency of the financial statements of the Amil Zakat Agency (BAZNAS) Magelang Regency. With a good system, can it increase or maximize the potential of zakat collected. Zakat management is a planning activity, which is related to distribution policies to implementation, and coordination in the operationalization of zakat, infaq and alms. The management of zakat must of course be based on the responsibility of the institution or organization that is sharia-compliant with the principles of trust, benefit, objectivity, justice, legal certainty, integration, and accountability.

The importance of contingently public goods

The importance of contingently public goods

Fiscal Federalism: The Interaction between Own Revenues and Intergovernmental Transfers in Local Governments—The Case of Municipalities in Buenos Aires

AbstractWe study the interaction between intergovernmental transfers on the level and the structure of local own revenues. Based on a sample for Argentina’s local governments, specifically the 135 municipalities of the province of Buenos Aires, we find that transfers facilitate local revenues collection. This effect is more pronounced in urban local governments, with higher population density, poverty levels, and demand for public services. In addition, transfers bias own revenues composition. That is, higher transfers lead to higher local tax collection, which is obtained through less distortionary taxation (i.e., property tax). Interestingly, this bias is stronger for local governments with a higher share of divisible public goods (that are likely to be financed according to the “benefit principle”). The results are robust to a battery of different estimation methods and can be rationalized with existing theory from public finance and political economy as well. The findings might have important policy implications for local governments’ public finance.

GORONTALO WOMEN’S BE’ATI (BAI’AT): The Perspective of History, Culture and Islamic Law

This paper discusses the tradition of Bai’at (be'ati) or initiation for a teenage girl after the arrival of the first menstruation in the traditional culture of Gorontalo. Through field studies by interviews, observation and study of documents, this research shows that the procession of the initiation ritual ceremony (mome'ati) is conducted in six stages, including: molungudu (sauna bath with traditional herbs), momonto (putting a red mark on the forehead), momuhuto (bathing with traditional herbs), mopohuta'a to pingge (stepping on a plate), mome'ati (initiation ritual) and mohatamu (completing the recitation of the Qur’an). The six be'ati rituals are loaded with moral values as a living guidance for the teenage girl. In the perspective of Islamic law philosophy, molungudu and momuhuto are aligned with the principle of benefit as they emphasize physical health and personal hygiene. In the fiqh category, both are included in the discourse of thahârah (cleanliness). Meanwhile, momonto and mopohuta'a to pingge emphasize the identity of the Muslim personality and the attitude of being careful in treading the teenage life. Both are included in the category of Islamic morality, since they are loaded with moral messages. Whereas, mome'ati emphasizes the practice of the pillars of Faith, the pillars of Islam, and obedience to both parents. As for mohatamu, it emphasizes the love for the Holy Qur'an. All stages in the be'ati ritual show the acculturation of Islam with the local culture of Gorontalo. Even, the be'ati tradition is the implementation of Islamic teachings through culture and customs ('urf).

The Policy of Visa-Free Visit Arrangements in Indonesia for International Visitor

This article is entitled "Setting Visa-Free Policy in the Order of Increasing Visits of International Tourists to Indonesia", which aims to examine the arrangements for visiting visa-free policies in order to increase foreign tourist visits to Indonesia and find out the sanctions that can be imposed on recipients of visa-free visits who violate and misuse of a visit stay permit. In order to improve relations between the Republic of Indonesia and other countries, it is necessary to provide convenience for foreign nationals to enter the territory of the Republic of Indonesia which is carried out in the form of exemption from the obligation to have a visit visa with due observance of the principle of reciprocity and the principle of benefit. The Government of Indonesia issued Presidential Regulation Number 21 of 2016 concerning Free Visit Visas. This regulation was made in order to provide benefits to improve the economy in general and increase the number of foreign tourist visits in particular. The research method used in this study is a normative legal research method through a statutory approach. The discussion is directed at the implications of applying the visa-free policy from an employment perspective and how the government will handle it. The visit visa-free policy is regulated in Presidential Regulation Number 21 of 2016 concerning Visit Visa-free and Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2016.

Supervision of financial planning companies in consumer protection efforts

Buying and selling transactions, both services and goods, are growing rapidly along with technological developments. The profession of financial planning has been in great demand by the public in recent times, but this is inseparable from the existence of disputes which result in losses for consumers. Misappropriation of authority and violations committed by financial planning companies violate consumer rights. The Financial Services Authority has also yet to supervise because financial planners are not included in the financial sector. This research examined legal protection for financial planning consumers through supervision based on safety, certainty, and benefit principles. A statutory approach supports the normative juridical method and uses secondary data. The results of the study show that legal protection for consumers of financial planning companies is based on Article 10 letter c of Law Number 8 of 1999 on Consumer Protection, Articles 103 and Article 104 of Law Number 8 of 1995 on Capital Markets, Article 28 of Law Number 19 of 2016 on ITE, Article 378 and Article 372 of the Criminal Code and Article 1365 of the Civil Code.

Editorial: Taxing Interest in the Debtor State as an Alternative to DEBRA

Basically, a company can be financed by debt or equity. The general national tax systems are that interest, the compensation paid for funds put at disposal by means of a loan, are deductible and that the compensation for funds put at disposal by means of equity is not. In this context, the question often arises of whether this different treatment is justified. Or should they be treated (more) the same? The European Commission has proposed a directive to tackle to debt-equity bias by introducing a notional allowance on equity, on the one hand, and a new limitation on interest deduction, on the other hand (DEBRA). This editorial raises the questions of whether the tax treatment of the remuneration paid on loans (interest) by companies and the remuneration on their equity (profits) as proposed in DEBRA is sufficiently based on principles to contribute to a sustainable tax system with regard to company financing, and if not, what an alternative would be that better complies with those principles. The author concludes that DEBRA is another stopgap for flaws in the current tax systems, which has the potential to further distort the capital markets. He suggests an alternative system based on the principle of origin to remove the debt-equity bias. debt-equity bias, capital markets, tax neutrality, ability-to-pay, direct benefit principle, principle of origin, territorial principle, territoriality principle, taxation of interest, distortion of competition, sustainability

The Benefit Principle in Determining Compensation for Real Estate Expropriation

Polish expropriation law introduces a compensation system based on the socalled “benefit principle”. This principle assumes estimating the value of the property based on its intended use if it results in a greater value. The problem of considering the intended purpose of expropriation and, consequently, the application of the benefit principle is widespread in compensation proceedings relating to road investments.The research objective of this paper is an attempt to answer the question of whether the benefit principle should be maintained in the real estate appraisal procedure in order to determine compensation, i.e. whether the intended use resulting from the purpose of expropriation should be taken into account if it increases its value. The research also focuses on identifying those factors that should be considered instead of the benefit principle in order to estimate fair compensation for expropriated real estate. Part of the study is also devoted to the assessment of planned changes in legal regulations regarding compensation proceedings.The subject of the research are procedures and regulations for determining compensation for real estate expropriated for road investments in Poland. The analysis covers the stages of the compensation procedure and the factors affecting the amount of compensation. These procedures were compared with those in force in other countries in the context of applying the benefit principle.The results of the analysis lead to the conclusion that the amount of compensation should be independent of the intended purpose of expropriation. This is because planning classification for public purposes cannot be treated as a criterion which increases the market value of the expropriated property.