Request For Compensation Research Articles

Kepastian hukum permohonan imbalan bunga terhadapKelebihan pembayaran surat tagihan pajak atas denda penagihan

Legal certainty in tax regulations must be stipulated in the Law clearly and not open to multiple interpretations, this aims to ensure that taxpayers obtain legal certainty in carrying out their tax obligations and protect their rights as taxpayers, who have contributed greatly to building the Indonesian state. One of the rights of taxpayers is to receive interest compensation if there is an excess payment of tax that has been paid by taxpayers to the state, in its implementation taxpayers often experience obstacles regarding the interpretation of the applicable formal provisions when submitting an application for interest compensation to the Director General of Taxes, the application for interest compensation in question relates to excess payments on tax bills for fines related to fines for collection of Article 27 paragraph (5d) in the Law on General Provisions and Tax Procedures, due to an appeal decision that rejects the application from the Taxpayer which causes an increase in the Taxpayer's tax burden, taxpayers can still take legal action for a judicial review to the Supreme Court if they are not satisfied with the appeal decision, In the event that the legal action for a Judicial Review from the taxpayer is granted in whole or in part, the collection fine must be returned to the taxpayer, but can interest compensation be requested from the collection fine? In this study, the researcher uses the Legal System Theory and the Legal Certainty Theory as research analysis tools to be able to answer the problems in the research object. This research uses a normative juridical research method which looks for data in the form of statutory regulations and Tax Court decisions regarding requests for interest compensation for excess payment of tax bills over collection fines. So this research aims to find out how the application for interest compensation is implemented. regarding tax overpayments and legal certainty regarding requests for interest compensation regarding overpayments of tax invoices over collection fines Legal certainty regarding the request for interest compensation on excess tax bill payments on fines for collection of collection still needs further confirmation because in the Tax Bill there are many forms of Administrative Sanction fines. The Request for Interest Compensation on Excess Tax Payments should create regulations that can shorten the time and are easy to understand for all taxpayers in order to make it easier for taxpayers to fulfill their tax obligations.

Juridical Review of The Amount of Administrative Sanctions in the Form of Interest and Interest Rewards PP No 35 of 2023

This research is motivated by the tax collection system in Indonesia using the Self Assessment System. The Self Assessment System is a tax collection system in which the government gives full trust to taxpayers to calculate, deposit and report their own tax obligations. Taxpayers are considered capable of calculating taxes, able to understand the current tax regulations, and have high levels of honesty, and are aware of the importance of paying taxes. Thus, the success of tax collection depends a lot on the taxpayers themselves. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are Article 113 of the Job Creation Law, taxpayers submit requests for interest compensation to the Head of the KPP where the Taxpayer is registered or where the PKP is confirmed. Submission of applications can be done electronically or in writing by including the Taxpayer's domestic account number. After the taxpayer submits a request for interest compensation to the KPP, no later than one month after the application for interest compensation is received in full, the KPP will process the Taxpayer's application. Interest compensation is paid by the Directorate General of Taxes by transferring it to the account of the Taxpayer who is entitled to receive the interest compensation, then the reporting of the receipt of the interest compensation is reported in the Annual SPT in the following tax yea

An Insurtech Platform to Support Claim Management Through the Automatic Detection and Estimation of Car Damage from Pictures

Claims management is a complex process through which an insurance company or responsible entity addresses and handles compensation requests from policyholders who have suffered damage or losses. This process entails several stages, including the notification of the claim, damage assessment, settlement of compensation, and, if necessary, dispute resolution. Fair, transparent and timely claims management is crucial for maintaining policyholders’ trust while also limiting the financial impact on the insurer. Technological innovations, such as the use of artificial intelligence and automation, are positively influencing this sector, enabling faster and more effective claims management. This study reports on Insoore AI, an insurtech solution that aims to automate a portion of claims management by integrating a computer vision solution based on some latest developments in deep learning to automatically recognize and localize car damage from user-provided pictures.

Acara Penggabungan Perkara Gugatan Ganti Rugi dalam Undang-Undang Nomor 31 Tahun 1997 Tentang Peradilan Militer

Abstract. Viewed from the perspective of law enforcement, with the rarity of filing a claim for compensation or a request to merge a claim for compensation, it requires careful research because after all the core of law enforcement is upholding rights and carrying out obligations. The purpose of this study is to show that the use of the right to claim compensation or a request for compensation is very rare. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that the method of claiming compensation can be done by merging a claim for compensation in a criminal case, through unlawful acts and through a request for restitution.

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

A semantic-based methodology for the management of document workflows in e-government: a case study for judicial processes

Trial excessive duration is a common problem in Juridical systems worldwide, even if some countries seem to be more affected by it than others. The European Council has provided metrics and statistics to identify this problem and has pointed out solutions, such as the simplification of norms and the digitization of Juridical procedures. The Italian Telematic Civil Process (TCP) is an example of this digitization effort that has surely positively influenced the duration of Trials, their traceability and general complexity. However, there are still many possible actions that can be taken to simplify the work of Judges and Chancellors, and to support their daily operations in dealing with several Trials at once, and with the consistent number of documents that are involved in them. This paper presents a toolchain and a related methodology for the management of documentation attached to Trials, based on semantic technologies and Natural Language Processing techniques, which will help Judges in faster assessing the situation of each Trial they follow, and will also provide the means to identify potential correlations among different Juridical procedures. The methodology is tested against a case study, i.e. the compensation requests related to road accidents, which has been provided and described by Domain Experts from the Italian Ministry of Justice.

Health risk management: The ASL BT experience

ASL BT, born from the merger of three company branches, now eighteen years old, has a transversal departmental organization. In the Staff Department, there is the Clinical Risk Management Unit, which carries out prospective planning activities in the medium/long term. The systematic monitoring of all incident reporting systems, as well as requests for compensation and the economic aspects relating to direct costs (for damages related to adverse events) and indirect costs (for disputes), allow the UO to plan the prevention activities. This prevents the health risk and the recurrence of events, which in various ways have generated "losses" for the patient, the Company and the professionals. The establishment of a clinical risk network made up of representatives and facilitators, the sharing of all the proposed procedures and protocols and above all, the training aimed at increasing the culture of safety and awareness among all employees Healthcare, have a crucial role.

Neglecting Others and Making It Up to Them: The Idea of a Corrective Duty

AbstractI aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the two questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms.

GANTI KERUGIAN TERHADAP ANAK KORBAN TINDAK PIDANA PENCABULAN

Regulations in force in Indonesia have protected the rights of child victims of abuse. However, law enforcement officials often believe that punishing perpetrators with criminal penalties is the best approach to help victims and not by violating victims' rights, especially the right to compensation. Normative legal research methods were used in this study with a normative juridical approach and qualitative descriptive data analysis. The results showed that compensation for child victims of abuse was paid procedurally. Therefore, the provision of compensation is difficult because it requires the request of victims which is considered to have come first. The lack of support from the community and victims' legal representatives is a challenge for the Witness and Victim Protection Agency in assisting child molesters to get compensation. The right to redress has not been effective due to a lack of support from human resources, especially psychologists, in assisting victims of sexual violence and law enforcement officials. The lack of coercive action against perpetrators of sexual violence regarding the payment of compensation decided by the court, and the provision of compensation depending on the good intentions of the perpetrators, presents challenges for law enforcement officials in carrying out compensation to victims of sexual violence. In addition, it must be requested first and the court has the authority to reject the request for compensation of the child victim, then this right is not fundamental. Restitution cannot be considered a right, because if it is, it must be granted automatically

Requests for Compensation in Cases Involving Patients' Falls in Healthcare Settings: A Retrospective Analysis.

Falls are the most frequent adverse events recorded in healthcare facilities. By employing a multifaceted strategy to ensure prevention interventions that are specific to the patient type and environmental risk management, risk factor evaluation may help to reduce falls in the hospital setting. Patient falls are one of the main causes of lawsuits against hospitals, which has led to the development of validated instruments that are beneficial in treating the patient after the incident and effective in minimizing the frequency of falls. The aim of our study is to evaluate compensation claims asserting healthcare culpability in situations where a patient fell in a hospital setting. The collected data relate to judgments issued in Italy until December 2022 regarding 30 episodes of falls that occurred between 2003 and 2018. Our research revealed that approximately 50% of Italian healthcare organizations lose the case in court when a patient falls in a hospital setting and dies or is injured. In half of these cases, the failure of the medical staff to use protective equipment against falls is what led to the court's acceptance of the compensation claim. In order to improve the quality of healthcare services, fall prevention techniques must continue to be implemented.

A Restorative Justice Approach to The Settlement of The Persecution Crime At Police Central Barumun

It is hoped that the crime of persecution, both severe and light persecution, can be resolved by using approaches that are capable of resolving the criminal act of persecution in the jurisdiction of the Barumun Tengah Police. For example, 3 (three) cases of persecution have been successfully resolved using a restorative justice approach. Currently, the settlement of criminal acts of persecution has prioritized the principle of restorative justice by mediating and paying compensation and medical expenses to victims. The problems in this study, namely: the legal regulation of a restorative justice approach in resolving criminal acts of persecution; the process of settlement with restorative justice against criminal acts of persecution at the Barumun Tengah Police; obstacles and efforts of investigators in resolving criminal acts of persecution through restorative justice at the Barumun Tengah Police. This research is a study of the legal theory of justice which is carried out by applying a scientific analytical process. The data used is secondary data which is supported by empirical data. The data used in legal research is sourced from primary, secondary, and tertiary legal materials. Secondary data collection was carried out using library research techniques and data collection tools in the form of document studies. Empirical data were collected using field study techniques and data were collected through in-depth interviews. Data analysis used qualitative methods. Conclusions are drawn using the inductive method. The results of the study show that: The legal arrangement of a restorative justice approach in resolving criminal acts of persecution to date, starting from the level of investigation, prosecution, to trial; The process of resolving with restorative justice against criminal acts of persecution at the Barumun Tengah Police, starting from the pre-restorative justice stage, restorative justice stage, and post-restorative justice stage; The most conspicuous obstacle is the legal culture barrier related to requests for compensation by the victim's family which the perpetrators cannot fulfill.

What do Family Caregivers Want? Payment for Providing Care

ABSTRACT Although the primary goal of self-directed programs providing long term services and supports (LTSS) is to maximize choice and control for service recipients, such programs may also benefit family caregivers by compensating them for providing supportive services. This study draws on qualitative data from research supporting the RAISE Family Caregiver Advisory Council, finding that family caregivers themselves see the expansion of self-directed programs as a policy priority due to their need for financial security. The request for compensation was the strongest finding, with respondents highlighting the incompatibility of work with caregiving and their inability to rely on the existing paid workforce due to supply and quality issues; the consequences of this loss of earned income were reported as severe. Ultimately, respondents saw payment for providing care as an issue of fairness. This evidence supports the policy case for expanding access to self-directed programs that permit the employment of family caregivers.

Analysis of Italian requests for compensation in cases of responsibility for healthcare-related infections: A retrospective study.

The aim of this study was to examine the type of compensation claims for alleged medical malpractice in the field of healthcare-related infections in Italy. It was analyzed which was the most frequent clinical context, the characteristics of the disputes established, which were the alleged damages most often complained of, which were the possibly censurable behaviors of the health professionals, and which were the reasons for acceptance or rejection of the request for compensation. In 90.2%, the issue questioned regarded surgical site infections. The most common pathogens involved were coagulase-negative Staphylococci (34.1%) and Staphylococcus aureus (24.4%). The lack or non-adherence to protocols of prophylaxis and/or prevention of healthcare-related infections was the most reported cause of acceptance of the request of compensation. According to our data, a stronger effort should be made in terms of risk management perspective in order to ensure the develop and application of protocols for prevention of Gram-positive healthcare-related infections and strengthen infection control and antimicrobial stewardship programs.

View of Enforcement of the Economic Rights of Crime Victims in Indonesia from the Perspective Pancasila

Objective: Enforcement of civil rights for criminal victims in Indonesia can be achived in three ways, that is a combination of compensation cases, lawsuits against the law, and requests for compensation for restitution and protection of witnesses and victims. However, these efforts can only be carried out if there is a request from the victim, if there is no request then this effort cannot be carried out. This resulted in a separate obstacle for the victims of crime to obtain compensation from the perpetrators of the crime. This condition shows that the value of justice in Pancasila has not yet been implemented at the criminal justice.
 Methodology: Using normative juridical research methods by seeking data sourced from regulations relating to the civil rights of crime victims.
 Findings: This research concludes several efforts and ways for victims of crime to receive compensation.

WHAT DO FAMILY CAREGIVERS WANT? PAYMENT FOR PROVIDING CARE

Abstract Although the primary goal of self-directed programs providing long term services and supports (LTSS) is to maximize choice and control for service recipients, such programs may also benefit family caregivers by compensating them for providing supportive services. This study draws on qualitative data from research supporting the RAISE Family Caregiver Advisory Council, finding that family caregivers themselves see the expansion of self-directed programs as a policy priority due to their need for financial security. The request for compensation was the strongest finding, with respondents highlighting the incompatibility of work with caregiving and their inability to rely on the existing paid workforce due to supply and quality issues; the consequences of this loss of earned income were reported as severe. Ultimately, respondents saw payment for providing care as an issue of fairness. This evidence supports the policy case for expanding access to self-directed programs that permit the employment of family caregivers.

WHAT DO FAMILY CAREGIVERS WANT? PAYMENT FOR PROVIDING CARE

Abstract Although the primary goal of self-directed programs providing long term services and supports (LTSS) is to maximize choice and control for service recipients, such programs may also benefit family caregivers by compensating them for providing supportive services. This study draws on qualitative data from research supporting the RAISE Family Caregiver Advisory Council, finding that family caregivers themselves see the expansion of self-directed programs as a policy priority due to their need for financial security. The request for compensation was the strongest finding, with respondents highlighting the incompatibility of work with caregiving and their inability to rely on the existing paid workforce due to supply and quality issues; the consequences of this loss of earned income were reported as severe. Ultimately, respondents saw payment for providing care as an issue of fairness. This evidence supports the policy case for expanding access to self-directed programs that permit the employment of family caregivers.

Профессиональные дефициты педагогов региональной системы дошкольного образования: современная теория и практика андрагогического образования

The processes of active renewal of modern preschool education have actualized the role of continuous and systematic improvement of the professional competencies of teachers, which creates a request for compensation for their professional deficits. To specify the real-life requests, it is necessary to organize a systemic monitoring of the professional deficits of teachers in the regional system of preschool education. In this regard, the purpose of the study is to theoretically substantiate the model for monitoring the professional deficits of teachers in the regional system of preschool education and to assess the level of needs for building competencies to implement the general pedagogical functions "education", "educational activity", "developing activity". The scientific novelty lies in the development and testing of a model for monitoring the professional deficits of teachers in the regional system of preschool education. As a result of approbation of monitoring tools, conclusions were drawn to improve the andrology education of teachers of preschool educational organizations in the Stavropol Territory.

Odgovornost članova nadzornog odbora za štetu počinjenu dioničkom društvu

The paper systematically elaborates on the liability of supervisory board members. Although the supervisory board members do not manage the business of the company, their role is important because they make sure that the company’s business is conducted in a way that is acceptable to all stakeholders of the company. At the same time, their responsibility is based on the same principle as the responsibility of the members of the management board who manage the company's business activities. Such responsibility stems from their fundamental obligation to undertake all their activities in the company’s interest. Foremost, the paper analyses the standard of care required from the supervisory board members in performance of their duties, with special reference to the role of supervisory board members in the parent company and in the supervisory boards of subsidiaries in the concern. Subsequently, the paper analyses the effects of business judgment rule application which protects the free entrepreneurial judgment of the supervisory board members. This is followed by analysis of issues relating to the conflict of interest of the supervisory board members and the breach of the trade secret. Afterwards, the paper deals more elaborately with the request for compensation of damages to the supervisory board members. More precisely, the paper analyses issues relating to the question against which supervisory board member can such request be made, conditions for establishing their liability for damages and enforcement of such request. Paper also analyses issues pertaining to the company’s waiver of that request as well as the possibility of concluding a settlement between the company and the supervisory board member. Ultimately, the responsibility for the exploitation of influence in the company is elaborated upon.

The judge's discretion to compensate for an arbitrary divorce (Analytical Comparative Study): السلطة التقديرية للقاضي في التعويض عن الطلاق التعسفي (دراسة تحليلية مقارنة)

Divorce is the right of the husband, and is nullified by his unilateral will, and no one can prevent it in its infliction. However, it is a protection for the wife from the abuse and injustice of the husband. Compensation is established for her when his arbitrariness is proven in the divorce. The judge enjoys wide discretionary power in estimating compensation. This study aims to shed light on the most important issue which the judge has discretionary power, such us the issue of compensation for arbitrary divorce and the related provisions contained in the Iraqi Personal Status law No (188) and its amend application in the Kurdistan Region- Iraq. It is worth noting, the Iraqi and Kurdish legislators restricted the judge’s authority in order to assess the wife’s compensation for arbitrary divorce with three conditions: The first is that it must be proven that the husband was abusive in inflicting the divorce. The second is that this abuse causes damages to the wife and her submitting a request for compensation, and submitting a claim for compensation. We have followed the comparative law approach that contained in the two mentioned laws, in addition to following the analytical method for analyzing and commenting about legal texts, with referring to the judicial decisions. The study reached a number of conclusions and recommendations, including: 1- Arbitrary divorce is a divorce that the husband contradicts the purpose of the legislator in personal status law, and the husband does this divorce without reason, and the wife’s consent and her request or her misbehave. 2- It is possible to rely on the theory of abuse in the use of the right that contained in the Iraqi Civil law as a legal basis for the husband’s obligation to pay the compensation to his wife in the event of his abuse of divorce. According to one of the criteria of the mentioned theory, that the person uses his right that aims only to harm the others, the husband is reluctant to divorce his wife as long as he signs it without reason and intends to harm her; that means he deviates from the purpose for which it was initiated and causes him harm to others, he is obliged to pay compensation. This is because the Iraqi and Kurdish legislators have indicated that the wife is awarded compensation whenever the court finds that she has been harmed due to the husband’s arbitrariness in inflicting divorce. 3- We suggest to the Iraqi legislator to amend the text of third Paragraph of Article (39) of the Personal Status Law, and determining the maximum period of wife’s alimony and making it three years instead of two years, in order to protect the rights of the wife, We suggest to the Kurdistan legislator to amend the second Paragraph of Article (17) of the Amending law of the application of Iraqi Personal Status Law No (188) of 1959 in the Kurdistan Region – Iraq, and determining the same period instead of determining the immediate period, by leaving this issue according to the discretionary power of the judge, in order to estimate the compensation according to each case separately. To read the text in the two laws as follows: (If the husband divorced his wife and the court finds that the husband was abusive in her divorce and the wife suffered harm as a result of that; the court, based on the wife’s request, shall award compensation commensurate with his financial condition and degree of arbitrariness, estimated in total, provided that it does not exceed her maintenance for a period of three years in addition to her other fixed rights).

Nemačke ratne reparacije u širem kontekstu

Recently, the issue of war reparations from Germany, which was raised first by Greece (2011), then by Poland (2022), as well as compensation by Germany to the victims of its genocidal colonial rule in Africa (Namibia), has become topical. At the same time, possible requests for war damage compensation from Serbia/ FR Yugoslavia due to the events in the Yugoslav territories in the nineties of the last century, as well as our request for compensation for our damage from NATO aggression in 1999, are also mentioned. From this aspect, it is good to familiarize with the practice of the area of war reparations, which is the richest when it comes to war reparations from Germany after two world wars. After both wars, Germany settled its reparations obligations only to a lesser extent, taking advantage of the favorable attitude of the main victorious western powers (USA, Great Britain and France) who wanted to recover and stabilize it as soon as possible in order to be their ally against the "Bolshevik danger". and the USSR, which even provided it with significant financial support. Because of this, the interests of small countries were sacrificed, and Serbia (Yugoslavia) was among them. After reunification in 1990, Germany managed to take advantage of the favorable political climate and avoid concluding a peace treaty that would definitively regulate the issue of reparations after the Second World War. At the same time, the post-war bilateral Yugoslav-German negotiations, for insufficiently clear reasons, were very poorly conducted on the Yugoslav side, so that Germany "closed" this issue, at least formally, by approving loans (capital aid) to the Yugoslav state, but not by giving compensation to individuals and legal entities, except for a symbolic amount in certain cases. The issue of German war reparations was seen in our country mostly one-sidedly, without considering the wider context, so this paper points out some additional aspects, which should contribute to the creation of a more comprehensive presentation.