scholarly journals Un debate sobre la Ley de 1841: Navascués, la Diputación, «El Mosquerino» y Ezquerra

2020 ◽  
pp. 201-228
Author(s):  
Juan Cruz Alli
Keyword(s):  
Development Section ◽  
The Creation ◽  
The Law ◽  
The Government

RESUMEN El diputado por el distrito de Tudela Navascués presentó una enmienda a la ley de presupuestos de 1860 para consignar una partida que permitiese crear en Navarra una Sección de Fomento. Suscitó una polémica sobre el alcance y naturaleza de la Ley de 16 de agosto de 1841 y las competencias de la Diputación, que criticó la iniciativa. Le replicó el diputado, terció «El Mosquerino» apoyando a la corporación provincial, y a ambos el jurista Ezquerra. Se discutió la naturaleza de ordinaria y reformable de la ley o paccionada, y si las facultades de fomento eran propias del Gobierno o de la Diputación. LABURPENA Navascués izeneko Tuterako barrutiko diputatuak zuzenketa bat aurkeztu zuen 1860ko aurrekontuen legearen aurrean, partida bat bideratzeko Nafarroan Sustapen Atal bat sortzera. Horrek eztabaida bat piztu zuen, 1841eko abuztuaren 16ko Legearen irismenaren eta izaeraren gainekoa eta Diputazioaren eskumenen gainekoa. Azken horrek ekimena kritikatu zuen. Diputatuak erantzun egin zuen, «El Mosquerinok» hitza hartu zuen probintziako korporazioaren alde egiteko, eta bi horiei erantzun zien Ezquerra legelariak. Eztabaidatu zen ea legea arrunta eta erreformagarria zen, edo, aldiz, itundua ote zen, eta ea sustapen eskumenak norenak ziren, Gobernuarenak edo Diputazioarenak. ABSTRACT The deputy for the district of Tudela Navascués presented an amendment to the budget law of 1860 to consign a game that would allow the creation of a Development Section in Navarra. It raised a controversy about the scope and nature of the Law of August 16, 1841 and the powers of the Diputación, which criticized the initiative. The deputy replied, said «El Mosquerino» supporting the provincial corporation, and both jurist Ezquerra. The nature of ordinary and reformable law or pacified was discussed, and whether the powers of promotion were those of the Government or of the Provincial Council.

Permanent Officials in the National Administration of the United States

1927 ◽  
Vol 21 (3) ◽  
pp. 529-536
Author(s):  
Frank O. Lowden
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
Government Official ◽  
Business Organization ◽  
Constant Friction ◽  
The Creation ◽  
The Law ◽  
Serious Injury ◽  
The Government

The tendency of all government is toward bureaucracy. The government official is inclined to exaggerate the importance of his office. He is constantly tempted to expand its scope. He is properly jealous of his authority. He looks askance upon the activities of other officials who seem to be trespassing upon his ground. In his construction of the law he is prone to insist upon the letter which killeth but to overlook the spirit which giveth life.I think that this tendency is inevitable. It is inseparable from zeal and pride, and these qualities are essential to successful administration. Where, however, the enterprise is a vast one, as in government, or as in a great business organization, these tendencies, if left uncontrolled, are likely to inflict serious injury upon the service. There will be constant friction among the various subdivisions of the particular department. At times the activities of one will neutralize the activities of the other. A set of arbitrary rules is likely to be evolved which will vex everyone who comes in contact with the particular bureau. The original purpose of the creation of the bureau is finally lost sight of, and it is likely to seem to those who direct it an end and not a means.

Pembentukan Peraturan Kebijakan Berdasarkan Asas-Asas Umum Pemerintahan yang Baik

Lentera Hukum ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 164 ◽  
Author(s):  
Sadhu Bagas Suratno
Keyword(s):  
Good Governance ◽  
Conflicts Of Interest ◽  
Policy Rules ◽  
Indonesian Government ◽  
The Creation ◽  
Legal Uncertainty ◽  
The Law ◽  
Written Law ◽  
The Government ◽  
Implementation Level

The creation of policy is one of the prerogatives of a free and uninhibited (freies ermessen, or free discretion) government administrations. Although freies ermessen grants free authority to the government, within the framework of national the law said the government should still observe legislation and the Principles of Good Governance. However, at the implementation level, there are still many policies that which are difficult to put into effect due to ambiguous interpretation and conflicts of interest, thus resulting in legal uncertainty. Based on this, there needs to be an affirmation of the position taken by the Indonesian government regarding the contradictory relationship between written law and implementation, so as to ensure the appropriate application of the principles of freies ermessen. Keywords: Policy Rules, Freies Ermessen, Legislatin, Good Governance Principles

scholarly journals The Treason Legislation of Henry VIII (1531–1534): Alexander Prize Essay, 1916

1917 ◽  
Vol 11 ◽  
pp. 87-123 ◽  
Author(s):  
I. D. Thornley
Keyword(s):  
Henry Viii ◽  
Richard Ii ◽  
Edward Iii ◽  
Henry Iv ◽  
Long Life ◽  
The Creation ◽  
The Law ◽  
The Government ◽  
Emergency Measures ◽  
Prize Essay

All legislation is to some extent the product of circumstance, and none more so than the numerous Acts which have from time to time augmented or reduced the law governing high treason. The basis of that law has been since 1352 the famous Act of 25 Edward III, stat. 5, c. 2, and this Act itself was moulded by the circumstances under which it was passed. Edward III was at the height of his power and popularity, so that in defining treason it was only necessary to include offences likely to be committed against a popular king reigning by an undisputed title. This accounts both for what the Act contains and what it omits, and is the reason for that sufficiency in quiet times which has preserved it for over five centuries. It accounts also for its inadequacy in crises and disturbances, and the need to supplement it under such kings as Richard II and Henry VIII. New treasons are thus emergency measures to enable the Government to cope with particular situations; when the troublous times are over, they and the offences with which they deal disappear naturally with the circumstances which provoked them, and the Act of 1352 once more reigns supreme. When considering the causes of its long life, it must be remembered that Treason Acts fall into two classes: those augmenting and those diminishing the scope of the offence. The Act of 1352 belongs to the latter class. It was passed to bridle the judges in the creation of constructive treasons—a process which had alarmed Parliament—and, unlike all other Acts of its class, it did not follow a revolution or period of crisis, as the Act of I Henry IV, c. 10, followed the reign of Richard II; 1 Edward VI, c. 12, that of Henry VIII; and 1 Mary, c. I, that of Edward VI.

scholarly journals Rencana dan Strategi Peningkatan Kesadaran Hukum Masyarakat

2018 ◽  
Vol 1 (1) ◽  
pp. 15
Author(s):  
Ibrahim Ahmad
Keyword(s):  
Educational Institutions ◽  
Legal Consciousness ◽  
Counseling Programs ◽  
Psychic Life ◽  
State Administration ◽  
Strategic Role ◽  
The Creation ◽  
The Law ◽  
The Republic ◽  
The Government

In Article 1 paragraph (3) of the Constitution of the Republic of Indonesia affirmed that Indonesia is a State of law. Based on the phrase it would be appropriate and reasonable if every citizen of the Republic of Indonesia must have a high legal awareness. The legal consciousness is the awareness that every human being has of what the law is or what the law should be, a certain category of our psychic life by which we distinguish between the law (recht) and not thelaw (onrecht), between what should be done and not necessarily done. Awareness of what the law means is the awareness that the law is a protection of human interest, because the lawis a method whose function is to protect human interests. Thus the legal counseling program towards the creation of legal awareness has a very urgent and strategic role. Therefore, legal education programs in various forms, whether oral orwritten, are urgently required to be realized simultaneously by every agency or institution, whether executive, legislative or judicial. Legal counseling programs should be conducted in various area so flaw, both in civil law, criminal law and in the field of constitutional law, as well as in the field of state administration law. Furthermore, the implementation of early counseling programs through formal educational institutions in all strata needs to be done and encouraged optimally. The benchmark so fthesuccess of the expected law-conscious villages based on the expected conditions as mentioned above are as follows: The creation of national stability in general, The creation of legal objectives of legal certainty, justice, benefit and public order, Public trust to the government is very high, The life of a safe and peaceful society, and the level of community economy is increasing and equitable.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Leading through Chaos in a Neocolonial Context

2020 ◽  
Vol 43 (1) ◽  
pp. 31-42
Author(s):  
Laura Colket
Keyword(s):  
International Community ◽  
International Agencies ◽  
Personal Stories ◽  
The Creation ◽  
Foreign Governments ◽  
The Government ◽  
Post Disaster

Academic and public discourses often oversimplify the complex historical, social, and discursive forces that have created the current realities in Haiti. These discourses ignore or distort the role that foreign governments and international agencies have played and continue to play in the creation of the Haitian state. They portray the Haitian government as singular and static, corrupt and incapable, and fail to acknowledge changes in leadership and the diversity of individuals who exist within the government. This “single story” about Haiti privileges the international community and overlooks the stories from Haitians who are working to rebuild and reimagine their own country. This article examines the personal stories of Haitians in order to better understand the nature of Haitian leadership in a neocolonial, post-disaster context.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin
Keyword(s):  
Public Service ◽  
The State ◽  
Service Agency ◽  
State Budget ◽  
Procurement Process ◽  
The Law ◽  
The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

Sign in / Sign up

Export Citation Format

Share Document