Supervisory Functions Research Articles

The Principle of Cost-Based Supervision in Practice

A key response of financial regulators around the world to the financial and economic crises of ten years ago has been the formation of supervisory committees. Such committees now exist in several countries worldwide. Consequently, many regulators fund their supervisory function by charging their supervisees. The objective of this paper is to compare how these regulators charge fees, identify common practices, draw conclusion from observations, and provide relevant recommendations. This paper especially focuses on the Federal Reserve, the European Central Bank and the Bank of England that charge fees just enough to recover the cost of supervisory function, or those that follow what this paper refers to as the “principle of cost-based supervision.” A discussion on how selected examples of regulators practice the principle of cost-based supervision follows. Simulations of fees using selected procedures to supervisees in the Czech Republic and Greece follow. Then this paper introduces the asset elasticity of cost notated as n and simulates the hypothetical supervisory fee if n is constant.

The preparation of the budget planning of the Rembang regency local government

The function of the Regional People's Representative Council (DPRD) is manifested in 3 (three) things, namely: the legislation function, the budget function, and the supervisory function. In particular, the function of the district/city DPRD is regulated in Article 149 paragraph (1) of Law Number 23 of 2014 concerning Regional Government (hereinafter referred to as the Regional Government Law) which states that the district/city DPRD has the function of forming district/city Regional Regulations, budgets, and supervision. Problem 1. What is the effectiveness of the main points of thought in the preparation of budget planning in Rembang Regency? 2. What are the factors that affect the effectiveness of the main points of thought in the preparation of budget planning in Rembang Regency? This research is categorized as an empirical (non-doctrinal) legal research that mainly examines the position of the main points of thought of the DPRD in the Rembang Regency RKPD by comparing the situation in the field with the laws and regulations (statute approach). The results of the study show that the effectiveness of the DPRD's Points of Thought in the preparation of budget planning in Rembang Regency is highly dependent on the synergy between the DPRD, the local government, and the community. As an instrument of representation of community aspirations conveyed through members of the DPRD, the Principles of the DPRD plays an important role in ensuring that the needs and priorities of the development of the Rembang community are accommodated in the Regional Revenue and Expenditure Budget (APBD), so that the Principles of the DPRD can function optimally, a mechanism that is well coordinated with the results of the Development Plan Deliberation (Musrenbang) is needed, so that there is no overlap in programs. 2. Factors that affect the effectiveness of Points of Thought (Pokir) in the preparation of budget planning in Rembang Regency are very diverse and interrelated. First, the quality of community participation is a key factor. The high participation of the community in the process of collecting aspirations through the Development Plan Deliberation (Musrenbang) will produce Pokir that is more relevant and in accordance with real needs in the field.

СОСТОЯНИЕ ФИЗИЧЕСКОГО ВОСПИТАНИЯ В ВЫСШИХ УЧЕБНЫХ ЗАВЕДЕНИЯХ КРЫМА В СЕРЕДИНЕ 30-Х ГОДОВ ХХ ВЕКА

Based on the analysis of previously unexplored archival documents, the state of physical education and mass sports work in higher educational institutions of the Crimea in the mid 30s of the 20th century are considered. Research has established that the departments of physical and military training in Crimean higher educational institutions were opened in 1932. During the period from 1933 to 1935, there was an intensive development of physical culture and mass sports work in Crimean higher educational institutions in the form of full coverage of the contingent of students with compulsory academic physical education classes, the creation of physical education collectives at institutions, the improvement of their sports base, the opening of student sections on sports and the establishment of intra-university competitions. The most important aspect of the physical education work of higher educational institutions was the involvement of students and teachers in passing the standards for the badge «Ready for work and defense of the USSR». The Supreme Council of Physical Culture of Crimea took an active part in the activities of Crimean higher educational institutions to improve physical education, performing coordinating, organizational and supervisory functions.

Ошибки и нарушения, возникающие в ходе реализации административных контрольно-надзорных процедур: понятие, источники и виды

In this article, the author analyzes the practical side of the implementation of administrative control and supervisory procedures by executive authorities in the course of implementing the functions of state control (supervision), namely, an attempt is made to study the errors and violations made by control and supervisory authorities. In the course of the analysis of a set of doctrinal, regulatory and legal sources, as well as materials of law enforcement and judicial practice, the concept of errors and violations is formulated, such defects of the administrative control and supervisory procedure as errors, gross violations and non-gross violations are identified, differing both in their content and in the accompanying consequences. The author also identifies the sources of violations in the activities of executive authorities in the course of their control and supervisory functions. Based on the sources of gross violations of the administrative control and supervisory procedure, a classification of such violations is carried out, including violations of an informational nature, violations of the subjective nature of the composition of participants in the procedure, violations of the procedure and others. In the course of the study, the author also expresses a position regarding the expansion of the interpretation of the concept of “gross violation” and the need to make appropriate changes to the current regulatory legal acts governing the establishment and implementation of administrative control and supervisory procedures.

Antecedents of Accountability Based on Karma Pala Teachings and its Consequences on Panureksa VCI Performance in Badung Regency

The rampant involvement of Village Credit Institution (VCI) officials in corruption cases in various regions in Bali, especially in Badung Regency, is an interesting issue to be studied and researched further. This action, in addition to having an impact on the performance of the VCI organization, also has an impact on the sustainability of VCI in the future. As is known, published data shows that almost all regions in Bali have found VCI that are unhealthy and have even gone bankrupt. How is it possible that VCI, which is managed by the community based on traditional villages with very strict awig-awig, actually experiences fraud committed by the officials themselves. This is very embarrassing and distorts the goals of VCI that have been aspired to. The existence of various fraudulent practices is an indicator of the weak supervisory function in VCI. Prevention of unhealthy practices in VCI should be carried out properly if Panureksa is responsive to every transaction that exists. The failure of the supervisory body to prevent deviations in VCI management and protect village assets from corruption is a reflection of the weak performance of the VCI supervisory body. This study aims to answer the main problem regarding the role of belief in the law of karma as an antecedent in improving the performance of panureksa. This study was conducted at panureksa VCI in Badung Regency. Hypothesis testing was carried out using PLS-SEM analysis, with the help of SmartPLS 3.2.9 Software. The results of the study indicate that belief in the law of karma can increase the accountability of panureksa in carrying out their duties. Belief in the law of karma can function as a moral and ethical principle that encourages someone to act in a correct and responsible manner, with the belief that their actions will be rewarded accordingly in the future. Other results indicate that accountability can improve the performance of panureksa. Accountability requires panureksa to actively identify, assess, and manage risks that can affect VCI operations. Good risk management can reduce the likelihood of financial or operational problems, thereby increasing the stability and performance of the institution.

THE REFUND OF STATE FINANCIAL LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION THROUGH AUDIT AGENCY AUDIT INVESTIGATION

The aim of this research is to analyze the concept of returning state financial losses resulting from criminal acts of corruption based on Audit Board of the Republic of Indonesia audits and to analyze the form of follow-up to recommendations from Financial Audit Agency audit results regarding elements of state losses resulting from criminal acts of corruption. This research is normative research. The approach method used in this research is a statutory approach. The results of this research are the role of the Financial Audit Agency terms of returning state financial losses, the Audit Board of the Republic of Indonesia has the authority to make demands for compensation from parties proven to have committed unlawful acts which resulted in state financial losses through criminal law instruments, through civil law instruments or through administrative legal instruments. The Financial Audit Agency as the holder of audit power has the right to supervise the management of state finances and provide recommendations on audit results to the House of Representatives, Regional Representative Council and Regional People's Representative Assembly for political follow-up as a supervisory function and provide recommendations to law enforcers in the event of indications of criminal acts

Anti-Corruption Efforts in Regional Police Departments: The Role of Regional Inspectorate Supervision Based on Justice Values

This study explores how effective oversight can enhance the utilization of state apparatus for achieving good and clean governance, specifically focusing on the role of regional inspectorates in preventing corruption within regional police departments. The study aims to: 1) analyze why current regulations regarding the regional inspectorate's role in corruption prevention are not based on justice values; 2) identify challenges in these regulations; and 3) propose a reconstruction of the regulations to align with justice values. Using a constructivist paradigm, a socio-legal approach, and descriptive research methods, the study relies on secondary data sources, including primary, secondary, and tertiary legal materials. Data collection is conducted through a literature review, and qualitative analysis is employed for data interpretation. The findings reveal that the current regulation is not justice-aligned due to the supervisory function of the Regional Inspectorate (Itwasda) being under the authority of the Regional Police Chief (Kapolda), rather than the National Police Chief (Kapolri). This structure limits the effectiveness of oversight and suggests the need for a direct reporting line to National Police Chief. Challenges in the existing framework include a lack of specific legal guidelines governing the inspectorate's role in corruption prevention and insufficient synergy between organizational sections and Supervision Inspectorate. Furthermore, there is a cultural reluctance to report corruption. The study proposes reconstructing the regulation to ensure a justice-based framework, including normative revisions to relevant laws and regulations, such as Law No. 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication, and Indonesian National Police Regulation No. 14 of 2018. This reconstruction aims to establish a clearer, more effective oversight mechanism that enhances the inspectorate's role in corruption prevention.

The necessity of artificial intelligence in fintech for SupTech and RegTech supervisory in banks and financial organizations

In the rapidly evolving financial landscape, the integration of Artificial Intelligence (AI) into Supervisory Technology (SupTech) and Regulatory Technology (RegTech) has become increasingly vital. As banks and financial organizations grapple with the complexities of compliance, risk management, and regulatory oversight, AI offers transformative capabilities that enhance efficiency, accuracy, and resilience. This paper explores the critical need for AI in Fintech for SupTech and RegTech, focusing on its role in supervisory functions within the banking sector. A case study on AI-driven anti-money laundering systems is presented, along with a discussion of authentic laboratory research and survey results. The paper concludes by illustrating the potential impact of AI on financial supervision with graphs and data, underscoring its necessity in modern financial governance.

Criminal Procedural Function of the Prosecutor when Terminating a Criminal Case with the Imposition of a Court Fine

In the article is analyzed the role of the prosecutor in terminating a criminal case with the imposition of a criminal law measure in the form of a court fine. Attention is drawn to the fact that the traditional understanding of procedural functions can be changed in relation to this participant in criminal proceedings when it comes to releasing a person from criminal liability. The reason is the processes of functional convergence, which contribute to the unification of the supervisory function and the function of criminal prosecution when deciding to terminate a criminal case with the imposition of a court fine. The participation of the prosecutor is mandatory in the court hearing when a criminal case is terminated on this basis; the prosecutor also approves the request of the investigator, due to the fact that today only the court can impose a court fine, but the criteria by which the decision is made cannot be objectively established in criminal law, therefore the prosecutor acts as an additional guarantee of the protection of the rights of participants in criminal proceedings and the legality of the court decision.

The Role and Place of Prosecutorial Supervision over the Activities of the Eurasian Economic Commission in the field of Antimonopoly Regulation within the Framework of the Functioning of the Eurasian Economic Space

Currently, taking into account the new circumstances in which the economy operates, greater importance is attached to such an economic association as the Eurasian Economic Union. The article analyzes one of the areas of authority vested in the Commission — the sphere of competition policy, since the Commission considers applications, conducts investigations, considers cases of violation of competition rules, sends appropriate requests for information to consider cases of violation of competition rules, if a violation or signs of a violation have been committed on the cross-border market of the Union. But who exercises control and supervisory functions over the activities of this body and should there be such control and supervision? This article will be devoted to these issues, which require analysis taking into account the scientific approach and law enforcement. The author analyzes the powers of the Eurasian Economic Commission in the field of competition policy. Reveals such gaps in Union law as the lack of a mechanism for challenging determinations of refusal to initiate proceedings on violation of competition rules and other powers of the Eurasian Economic Commission.

Articulating the supervisory functions of university supervisors in vocational education and training teaching internship

This article examines supervisory practices in vocational education and training teaching internships within a blended-learning system. Using a multiple-case study of five triads made up of a university supervisor, a cooperative teacher from the workplace and a student teacher, practices were analysed through the lens of supervisory functions: support, mediation between theory and practice, collaboration, evaluation and internship management. Findings show that support and evaluation practices are dominant within triads. The management function is characterized by practices surrounding the selection and use of digital tools to supervise student teachers in a blended-learning system. The collaboration function appears to be inconsistent from one triad to another, while the mediation between theory and practice function plays a limited role in the practices of all supervisors, despite being identified as one of their main responsibilities.

Fracture failure analysis of heavy-haul train couplers using convolutional neural network along with multilayer perceptron

Abstract Metal couplers are susceptible to unpredictable failure and fracture under long-term high-load conditions in heavy-haul railway transportation. The current mainstream manual inspection method has the disadvantages of high subjectivity and high a priori knowledge requirements, thus not meeting the rapid analysis requirements of production companies. Therefore, in this study, an automated failure analysis method is proposed for heavy-haul coupler fractures. First, a novel image segmentation method (PermuteNet) combining a visual multilayer perceptron and a convolutional neural network is designed to segment different failure patterns of fracture surfaces. The proposed method uses two newly proposed modules—permute attention module and context attention module—to improve the network’s ability to perceive weakly differentiated objects, thereby improving the recognition ability of the model for different failure patterns. In addition, a deep supervisory function is adopted to accelerate the convergence speed of the network. Finally, the proposed image segmentation method is deployed on a computer in conjunction with a developed client application to implement a single-click detection function for coupler fracture pattern analysis. Experiments are performed using the heavy-haul coupler fracture dataset established using on-site data; the proposed segmentation method achieves a mean intersection over union of 77.8%, which is considerably higher than that of other existing methods. By using the client software, the single-click detection function of the fracture area is realized. Thus, the proposed method provides a more convenient and accurate fracture identification solution for factory inspectors and has broad application prospects.

Good corporate governance, firm performance and COVID-19

PurposeThis research is designed to analyze the effectiveness of the audit committee, nomination and remuneration committee, and ownership structure on company performance and how COVID-19 moderates the influence of these governance mechanisms on company performance.Design/methodology/approach437 annual reports of Indonesian manufacturing companies from 2018 to 2021 were used as research samples using multiple regression analysis and moderated regression analysis.FindingsGood corporate governance plays a role in improving company performance. The presence of COVID-19 affects corporate governance, thereby reducing performance, but good corporate governance can limit this impact.Practical implicationsThis research helps companies understand the effectiveness of the supervisory function in improving company performance. This research provides input for companies, regulators, and policymakers to pay attention to good corporate governance, especially when facing a crisis.Originality/valueTo my knowledge, research that examines corporate governance mechanisms and company performance related to COVID-19 and investigates whether COVID-19 moderates the influence of corporate governance mechanisms on company performance has never been conducted.

Evaluasi Peran Otoritas Jasa Keuangan dalam Pengawasan Implementasi Standar Audit 701 (2021)

The objectives of this study are to provide an overview of the benefits of communicating key audit matters (KAM) for OJK's oversight function, to identify findings related to KAM in United Kingdom and Malaysia, and how those regulators have responded to those findings, and to evaluate OJK's response related to KAM. This research is carried out by in-depth interviews with supervisors and analysts from the Directorate of Regulation and Development of the OJK Capital Market Sector. KAM communication provided benefits in OJK's supervisory function, among others, in determining the items to be reviewed in the Issuer's financial statements and in reviewing the audit responses stated in the auditor's report have been supported by the auditor's working papers. In carrying out their oversight function, the United Kingdom and Malaysia found, among others, that the average number of KAM and words in communicating KAM in the auditor's report continued to decline, the content of KAM of companies audited by Big 4 audit firms had more words for the same number of KAM, and the benefits of communicating KAM decreased because KAM disclosures were boilerplate. OJK's response in relation to the implementation of SA 701 (2021) is to draft OJK regulations related to KAM and to prepare a study related to the first-year implementation of SA 701 (2021). Based on these responses, it is reflected that OJK has an important role in the implementation support stage to ensure that the policy implementation runs well in the long term.

Functional component of the criminal procedural status of the Prosecutor's Office Head

The article examines the functions of the Head of the Prosecutor’s Office in criminal proceedings as an integral part of his/her criminal procedural status. The existing approaches to understanding the concept of “criminal procedural status” and its analogues are identified. It is noted that the function of the head of a pre-trial investigation body differs from the function of a prosecutor - procedural supervisor (at the pre-trial investigation stage) and a prosecutor supporting the public prosecution (at the trial stages of criminal proceedings). The above is determined by the prosecutor's powers which are determined by the criminal procedure law. The expediency of distinguishing four functions of the Head of the Prosecutor’s Office in criminal proceedings is emphasized: procedural guidance, public prosecution, organisational and managerial function and quasi-judicial control function. Based on the analysis of the Criminal Procedure Code of Ukraine provisions which vest the head of a prosecution body with procedural powers, the article establishes that some of these functions are exercised by the head of a prosecution body depending on his/her specific position (Prosecutor General, head of a regional prosecution office, etc.). It is also established that the approaches to determining the criminal procedural status of participants to criminal proceedings (subjects of criminal proceedings) available in the current scientific literature through the use of the terms “legal status” and “procedural status” are inaccurate, although not entirely wrong. Their use significantly expands the content of this category, which is illogical. The functions of the Head of the Prosecutor’s Office in criminal proceedings constitute the core, or basis, for determining his/her criminal procedural status in general, due to the close connection of this category with his/her powers (rights and obligations) in criminal proceedings, which opens up the possibility of studying other components of his/her status. It is also worth mentioning that under martial law, in certain circumstances, the Head of the Prosecutor’s Office may also perform the supervisory function of the court. These powers are unique and inherent only to the Head of the Prosecutor’s Office in criminal proceedings. Thus, the Head of the Prosecutor’s Office replaces the powers of the investigating judge to exercise the judicial control function, which indicates the quasi-judicial nature of such a function.

Four‐party evolutionary game analysis of geographical indication product quality control issues with network media‐assisted supervision

AbstractThis study focuses on addressing quality supervision issues related to opportunistic behavior within the geographical indication product supply chain. It constructs an evolutionary game model comprising suppliers, distributors, government, and network media. Through analysis, it examines the influence of key factors on the decision‐making dynamics of game participants and presents management suggestions accordingly. The findings are as follows: firstly, the dual supervision model with the assistance of network media can compensate for the regulatory gaps of the government's single supervision model. Secondly, the credibility of network media plays a pivotal role in determining the efficacy of public opinion supervision. With high credibility, measures such as increasing the synergy coefficient, imposing higher fines or compensation amounts, and enhancing the impact of reputational factors can all restrain the misconduct of operating entities. Conversely, when credibility is low, not only does the supervisory function of network media falter, but it also leads to reputational damage for both the operating entities and the government. Thirdly, differentiated management should be adopted for entities in different nodes of the supply chain; higher constraint intensity should be imposed on distributors compared to suppliers. The outcomes of this study provide some analytical paths for supply chain quality supervision and corporate behavior management and underscore the significance of collaborative regulation for sustainable industry practices.

Implementasi Kebijakan Pengelolaan Dana Desa Pada Kecamatan Kei Besar Besar Kabupaten Maluku Tenggara

There needs to be implementation of village fund management to be able to measure the success of the use of funds in the district of Maluku Tenggara. Weak accountability and human resources in support of the implementation of these funds and still weak communication between the village government and the Maluku South East district government. In addition, the weakness of the control functions of the Village Visit Authority (BPD) so that the village government manages without a transparent supervisory function. The research method used is qualitative descriptive by conducting in-depth interviews with selected information. As for the findings of the research, (1) the formal and informal media of the village are able to support the implementation of the policy of the Village Fund. (2) the geographical factors affecting the planning of village development. (3). Resources are very supportive of the village fund planning managers.

The Influence of Good Corporate Governance Mechanisms, Leverage, and Company Size on the Audit Quality of Banking Companies Listed on the Indonesian Stock Exchange in 2021-2022

A This research aims to determine the influence of good corporate governance mechanisms, leverage, and company size on the audit quality of banking companies listed on the Indonesia Stock Exchange (BEI) in 2021-2022. Data collection techniques using literature study and documentation. The population in this research is all banking companies registered on the IDX for the 2021-2022 period, namely 44 companies. Data analysis using descriptive statistical tests, classical assumption tests (normality, multicollinearity, heteroscedasticity and autocorrelation), logistic regression tests and hypothesis tests (t test). The research results show that the size of the board of directors, leverage and company size have an effect on audit quality, while the size of the audit committee has no effect on audit quality. This indicates that the larger the size of the Board of Directors, the better the supervisory function. Thus, we will choose the Big Four KAP to guarantee audit quality. The smaller the company's leverage, the greater the company's opportunity to use Big Four KAP. Company size influences the company's decision to use Big Four KAP, while the size of the audit committee does not influence the company's decision to use Big Four or Non-Big Four KAP.

Состояние, структура и динамика коррупционной преступности в системе МЧС России

This article explores the modern status, structure, and dynamics of corruption crime within the Russian Ministry of Emergency Situations (EMERCOM). According to the results of the study for 2021–2023, there is a decrease in the number of corruption crimes detected by law enforcement agencies in the Russian Ministry of Emergency Situations. Corruption crimes within the Ministry of Emergency Situations of Russia do not exhibit the sophistication typically associated with organized criminal activities. Rather, they often involve opportunistic behavior by officials entrusted with control and supervisory functions within the EMERCOM. One of the primary challenges in addressing corruption within EMERCOM is the high latency of such offenses. The study concludes that corruption-related offenses within the Ministry exhibit high latency, rendering them challenging to detect and prosecute due to a dearth of explicit evidence or corroborating testimony. Statistical analysis and research results reveal bribery as the most prevalent crime perpetrated by EMERCOM personnel in this domain.

CEGAH MALADMINISTRASI: Fungsi Pengawasan Ombudsman Sulawesi Tenggara di Pelabuhan Feri Kendari-Langara

The aim of this research is to determine the supervisory function of the Ombudsman of the Republic of Indonesia Representative of Southeast Sulawesi in preventing maladministration and improving services at the Kendari-Langara Ferry Port. Using qualitative descriptive research methods. The informants in this research were 2 Heads of Representatives and Prevention Assistants for the Republic of Indonesia Ombudsman for Southeast Sulawesi Province as well as the Head of the Operations Section and UPTD Levy Collection Officer Pel. There were 2 people on the Kendari-Langara Ferry and 2 people from the public/passengers who were determined using a purposive sampling technique. Data collection techniques through in-depth interviews and documentation studies. Interactive data analysis technique according to Milles Humerman and Saldana (2014). The results of the research show that the implementation of supervision by the Indonesian Ombudsman Representative for Southeast Sulawesi on services at the Kendari-Langara Ferry Port has gone well, however, the effectiveness of supervision of services carried out by the Kendari-Langara Ferry Port UPTD, Southeast Sulawesi Province is not good enough as seen from one of the Tangibles indicators. (touchable) has not been met, while the 4 indicators of Reliability, Responsiveness, Assurance and Empathy have been running well in providing services at the Kendari-Langara Ferry Port.