Istota i znaczenie (funkcje) zasad postępowania sądowoadministracyjnego

Studia Prawa Publicznego ◽

10.14746/stpp.2016.2.14.2 ◽

2018 ◽

pp. 31-47

Author(s):

Aleksandra Wiktorowska

Keyword(s):

Cognitive Function ◽

Law Enforcement ◽

Process Model ◽

The Political ◽

Procedural Law ◽

Basic Functions ◽

Reference Sphere ◽

The Law ◽

Administrative Courts ◽

Law Making

There are two main platforms on which the role and importance of the principles of procedural law can be observed. One concerns the basic functions played by these principles, i.e. the function that orders the process, the function that shapes the process model, the interpretative function and the cognitive function. The other platform concerns the reference sphere i.e. a sphere to which these principles are or may be of importance owing to the functions they have. Thus it comprises the sphere of making and enforcing law and its criticism, the law teaching and researching sphere, the practical sphere, the political-ideological sphere and last but not least the sphere of codiﬁ ed and non-codiﬁ ed law. This division however is not absolute. There exists, for example, convergence between the sphere of law enforcement and law practice as well as between the sphere of law criticism and law teaching or researching. A similar convergence may be observed between the law making and the political-ideological spheres. The two platforms cross over and create meeting points in which individual functions of principles in relevant reference spheres may be marked. At the law-making stage, the ordering function harmonises legal solutions adopted in a legislative act whereas at the law-enforcement stage it facilitates construction of a legal text. The shaping of a model of proceedings in administrative courts by principles means that these principles make it possible to determine the structure of institutions and procedural solutions in proceedings before administrative courts, while the interpretative function occurs only in the sphere of law enforcement and criticism. The cognitive function is mainly signiﬁ cant for the law teaching and researching sphere, but also for the law practice, including criticism.

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Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽

10.30659/akta.v5i1.2528 ◽

2018 ◽

Vol 5 (1) ◽

pp. 25

Author(s):

Rita Permanasari ◽

Akhmad Khisni

Keyword(s):

Law Enforcement ◽

Supervisory Board ◽

Legal Protection ◽

The Political ◽

Constitutional Court ◽

The Law ◽

Notary Public ◽

The Republic ◽

Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

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Review of the Political Direction of National Legal Development Law

JURNAL CITA HUKUM ◽

10.15408/jch.v9i2.20352 ◽

2021 ◽

Vol 9 (2) ◽

Author(s):

Achmad Irwan Hamzani ◽

Kanti Rahayu ◽

Tani Haryadi ◽

Nur Khasanah ◽

Havis Aravik

Keyword(s):

Legal System ◽

Legal Consciousness ◽

The Political ◽

Philosophical Approach ◽

Legal Development ◽

National Legal System ◽

The Law ◽

The Impact ◽

Law Making ◽

The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

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A Research Evaluation of the Israeli New Pretrial Detention Act

Israel Law Review ◽

10.1017/s0021223700012218 ◽

2001 ◽

Vol 35 (2-3) ◽

pp. 266-284 ◽

Cited By ~ 2

Author(s):

Hagit Lernau

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Law ◽

Process Model ◽

Due Process ◽

Crime Control ◽

Research Evaluation ◽

Law System ◽

Justice Process ◽

The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

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Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

Lex Scientia Law Review ◽

10.15294/lesrev.v5i1.46704 ◽

2021 ◽

Vol 5 (1) ◽

Author(s):

Emmanuel Ariananto Waluyo Adi

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Criminal Procedure ◽

Criminal Cases ◽

Law Enforcement Agencies ◽

The Public ◽

Procedural Law ◽

Private Realm ◽

Procedure Code ◽

The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

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Perbuatan Melawan Hukum Terhadap Tindak Pidana Pengambilan Benda Bergerak Sebagai Objek Pembiayaan Leasing

Journal of Education, Humaniora and Social Sciences (JEHSS) ◽

10.34007/jehss.v3i1.206 ◽

2020 ◽

Vol 3 (1) ◽

pp. 111-119

Author(s):

Tito Alhafezt ◽

Triono Eddy ◽

Alpi Sahari

Keyword(s):

Law Enforcement ◽

Financial Institutions ◽

Criminal Liability ◽

Legal Certainty ◽

Procedural Law ◽

Debt Collectors ◽

The Law ◽

Notary Public ◽

Debt Collection ◽

The Right

The principle of the pacta sun servanda agreement stating that the agreement made by the parties to the agreement, will be the law for both, remains in force and becomes the main hope in the law of the agreement. But the agreement that provides fiduciary guarantees under the hand cannot be executed. The execution process must be carried out by submitting a lawsuit to the Negri Court through normal procedural law so that the court's ruling decreases. This paper aims to analyze or examine the legal arrangements for the taking of movable objects as objects of leasing financing and criminal liability for the actions of taking movable objects as objects of leasing financing. The results of this study indicate that criminal policies against financial institutions in the execution of fiduciary guarantees by debt collectors who have changed hands under the law number 42 of 199 concerning fiduciary guarantees to ensure legal certainty are made akata by the notary public and registered with the fiduciary office. Law enforcement against leasing parties in withdrawing fiduciary collateral by debt collectors based on law number 42 of 1999 concerning fiduciary explains that the right of execution is the authority of the court, not the authority of the seller of debt collection services that are usually leased by the leasing party.

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Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

Studia Iuridica Lublinensia ◽

10.17951/sil.2021.30.4.441-457 ◽

2021 ◽

Vol 30 (4) ◽

pp. 441

Author(s):

Andrzej Niezgoda

Keyword(s):

Public Administration ◽

Judicial Review ◽

Case Law ◽

Point Of View ◽

Administrative Discretion ◽

The Public ◽

Procedural Law ◽

Tax Relief ◽

The Law ◽

Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

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Introduction

10.1093/oso/9780192898272.003.0001 ◽

2021 ◽

pp. 1-11

Author(s):

Caroline Heber

Keyword(s):

European Union ◽

The Political ◽

The European Union ◽

Legal Requirement ◽

Cooperation Mechanism ◽

The Law ◽

Political Dimensions ◽

Clear Differentiation ◽

Law Making

The first chapter introduces the reader to the enhanced cooperation mechanism through an overview of the cornerstones of the law-making procedure, the aim and purpose of the procedure, and via a thorough differentiation between the political and the legal dimension of enhanced cooperation law-making. A clear differentiation between legal and political dimensions of enhanced cooperation law-making is particularly important for the success of differentiated law-making within the European Union. If the political intention expressed by Art 20 of the TEU were understood as a strict legal requirement, the entire mechanism of enhanced cooperation would be unstable, unclear, and ineffective.

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THE EFFECT OF CIVIL PROCEDURAL LAW IN TIME

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-3-132-152 ◽

2021 ◽

Vol 11 (3) ◽

pp. 132-152

Author(s):

V.G. GOLUBTSOV

Keyword(s):

Law Enforcement ◽

Theoretical Analysis ◽

Time And Space ◽

Temporal Characteristics ◽

Insufficient Attention ◽

Procedural Law ◽

The Law ◽

Theory Of Law ◽

The Moment ◽

Over Time

The theoretical analysis of the features of the application of the norms of civil procedural law over time in the modern agenda is given, it seems undeservedly, insufficient attention. Despite the fact that the operation of legislation in time and space is the basis of theoretical constructions in law, and law enforcement constantly operates with these categories, in the theory of procedural law in this part there is no complete clarity, as well as there is no system of interrelated established views on a number of individual topical issues related to temporality. Not limited to the problem of reversibility/irreversibility of the operation of the law, which is generally accepted in the theory of law, the author addresses the logical and epistemological boundaries of the concept of “change of civil procedural law”, analyzes extraordinary cases of changes in legislation, examines the criterion “the moment of the commission of procedural actions”. In conclusion, the author notes that the same normative act of civil procedural law may have not one, but several temporal characteristics. Variants of this multiplicity may be different. However, in the science of civil procedural law they are not actually studied.

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FUNCTION OF THE COMMISSION FOR THE SUPERVISION OF BUSINESS COMPETITION AND THE PROHIBITION OF MONOPOLY PRACTICES

Indonesian Private Law Review ◽

10.25041/iplr.v1i2.2055 ◽

2020 ◽

Vol 1 (2) ◽

Author(s):

Berli Yudiansah

Keyword(s):

Law Enforcement ◽

Antitrust Law ◽

Antimonopoly Law ◽

The Law ◽

Law Making ◽

Research Show

Nowadays, the law enforcement of prohibition monopolistic practices by KPPU is quite effective. But it is cannot be done optimally. This is influenced by the limited authority possessed by KPPU as regulated in Law No. Law. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition or the Antitrust Law, making it difficult to enforce the law. The problem in this paper is how the KPPU functions in law enforcement prohibiting monopolistic practices. The method used in this paper is a method with a normative and empirical juridical approachThe results of the research show that to maximize the KPPU's function in carrying out their duties, it is necessary to make improvements to the Antimonopoly Law, such as the loading of the KPPU's authority and duties to make it clearer. The establishment of special regulations for KPPU that are more technical in the context of applying the substance of the Antimonopoly Law.

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