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Journal articles on the topic 'Administrative lawsuit'
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1
Bimasakti, Muhammad Adiguna. "LAWSUIT IN ADMINISTRATIVE COURT AFTER ADMINISTRATIVE PROCEEDINGS BASED ON PERMA NO. 6 OF 2018." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 458. http://dx.doi.org/10.25216/jhp.8.3.2019.458-480.
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The enactment of Law No. 30 of 2014 concerning Government Administration very much changes the paradigm of the proceedings in the State Administrative Court. One of the fundamental things is about administrative proceedings as pre-litigation proceedings. Under Article 75 of Law No. 30 of 2014 concerning Government Administration, citizens who feel disadvantaged by a Government’s Decision or Action can file an administrative proceedings, and then file a lawsuit in the Administrative Court. Regarding this regulation, two interpretations arise regarding the obligation of administrative proceedings as pre-litigation proceedings. One party argues that the administrative proceedings as pre-litigation proceedings must be carried out before filing a lawsuit in the Court, and the other argues this is not mandatory. For a period of four years, the interpretation of the obligation of administrative proceedings as a pre-litigation proceedings in Law No. 30 of 2014 concerning Government Administration is floating in the realm of discourse. It was only on December 4th, 2018 that the Supreme Court issued a Supreme Court Regulation (PERMA) No. 6 of 2018 concerning Guidelines for Resolving Disputes Regarding Government Administration After Administrative Proceedings, finally the Supreme Court dictates that administrative proceedings as a pre-litigation proceedings is a must. However, the PERMA does not regulate fundamental things regarding lawsuit after administrative proceedings, namely, who will be seated as the defendant, and what is the object of the lawsuit. In addition, there are also a number of things that needed to be reviewed regarding the arrangements in the PERMA, such as regarding the deadline for a lawsuit in the Court.
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Swasono, Andri, and Gunarto Gun. "TINJAUAN YURIDIS PERMASALAHAN DAN AKIBAT HUKUMNYA ATAS KEPUTUSAN MAJELIS PENGAWAS NOTARIS SEBAGAI OBJEK GUGATAN DI PENGADILAN TATA USAHA NEGARA." Jurnal Akta 4, no. 1 (March 10, 2017): 91. http://dx.doi.org/10.30659/akta.v4i1.1751.
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Research with a title “Juridical Review The Problems And The Legal Consequences Of The Decision Of Notary Supervisory Board As The Object Of Lawsuit In Administrative Court” examine the issues arising from the decision issued by the notary supervisory board whether it is a state administrative decision.The decision of the notary supervisory board is an administrative decision which can be used as the object of lawsuit in state administrative court as referred to in the terms of the state administrative decision, namely a written stipulation issued by the agency / officials of state administration which contains administrative legal action based on laws and regulations, which is a concrete, individual, and final, and have a legal effect on a person or civil legal entity.To be able to become the object of a lawsuit after first ensured it is not a state administrative decision which is exempted as meant in Article 2 and Article 49, and shall be ensured that all administrative efforts have been taken.Keywords: notary supervisory board, state administrative decision, object of lawsuit.
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Zhu, Lan, Lei Li, and Jinghe Lang. "The attitudes towards defensive medicine among physicians of obstetrics and gynaecology in China: a questionnaire survey in a national congress." BMJ Open 8, no. 2 (February 2018): e019752. http://dx.doi.org/10.1136/bmjopen-2017-019752.
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ObjectiveThe study aimed to determine prevalence, patterns and risk factors of defensive medicine by obstetricians and gynaecologists across China.DesignThis is a questionnaire survey by written and on-line interview for participants.ParticipantsAmong 1804 registered physicians participating at the 2017 Congress of Chinese Obstetricians and Gynecologists Association in Chengdu City, Sichuan Province, China, from 17 to 20 August 2017, 1486 participants (82.4%) responded the survey.Main outcome measuresParticipants’ strongly disagreed/disagreed and strongly agreed/agreed options were compared to determine specific factors contributing to their preferences towards defensive medicine.ResultsIn the whole cohort of 1486 participants, 903/1486 (60.8%), 283/1486 (19.0%) and 170/283 (60.1%) participants had experienced at least one medical dispute, lawsuit or loss of a lawsuit, respectively; and 1284 (86.4%) participants had witnessed their colleagues exposed to medical disputes, lawsuits or loss of a lawsuit. Generally, 62.9% of the participants strongly agreed or agreed with defensive medicine. Gender, administration duty, employment hospital, education status, subspecialty, exposure to any medical disputes, lawsuits or loss of a lawsuit, and colleagues’ experiences were independent risk factors relevant to participants’ preferences about defensive medicine in a multivariate model. Participants were more prone to accept or endorse defensive medicine if they were female physicians; without administrative duties; working in non-tertiary hospitals; with an undergraduate degree; with any exposure to medical disputes, lawsuits or loss of a lawsuit; or having witnessed colleagues’ similar experiences.ConclusionsAbout two-thirds of Chinese physicians practising obstetrics and gynaecology in our survey agreed with the practice of defensive medicine, but they had diverse preferences and understanding of specific practices, harms of defensive medicine and physician’s roles.
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Sugiharto, Hari, and Bagus Oktafian Abrianto. "PERLINDUNGAN HUKUM NON YUDISIAL TERHADAP PERBUATAN HUKUM PUBLIK OLEH PEMERINTAH." Yuridika 33, no. 1 (February 8, 2018): 41. http://dx.doi.org/10.20473/ydk.v33i1.7280.
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The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.
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Ali, Muhammad, Ardilafiza Ardilafiza, and Jonny Simamora. "BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT." Bengkoelen Justice : Jurnal Ilmu Hukum 10, no. 1 (June 8, 2020): 40–53. http://dx.doi.org/10.33369/j_bengkoelenjust.v10i1.11353.
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The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.
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Kosasih, Ade. "PENYELESAIAN SENGKETA KEPEGAWAIAN AKIBAT PENJATUHAN HUKUMAN DISIPLIN." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 4, no. 2 (July 7, 2018): 111. http://dx.doi.org/10.29300/mzn.v4i2.1015.
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Abstract: An understanding of the rights and efforts that civil servants can take in facing employment disputes arising from the imposition of disciplinary punishment of civil servants, needs to be improved in order to avoid the act of arbitrariness (or willekeur) or action beyond the authority (ultra vires) conducted by the organ of state administrative office. The mechanisms and stages of dispute resolution in the field of personnel, has a variety of channels based on disciplinary violations committed, types of sentences handed down, and the level of position of officials who are authorized to punish. These channels, some through the Administrative Objections and Administrative Appeals. If only through Administrative Objection, then the next stage is the filing of a lawsuit to the State Administrative Court, whereas if the stages are through Administrative Appeals, the first level lawsuit shall be submitted to the Administrative High Court as a first instance court.
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Purnomo, Wahyu, Rr Herini Siti Aisyah, Thoriq Mulahela, and Xavier Nugraha. "Analysis of Lawsuit Against the Factual Action which Conducted by Military after Law Number 30 Year 2014 Concerning Government Administration." Unram Law Review 4, no. 1 (April 21, 2020): 17–25. http://dx.doi.org/10.29303/ulrev.v4i1.107.
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The enactment of law Number 30 of 2014 on Government Administration has caused a paradigm shift under development of state administration decision (in short term known as KTUN). By virtue of article 87 of Law number 30 year 2014, KTUN was not only on the written form, but it can also be a factual act. This causes a change in the absolute competence of lawsuit on factual actions taken by the government from the district administrative court (PTUN). It is arises a question whether Article 87 of Law number 30 year 2014 also applies to claims for factual actions committed by the military. The formulation of problems in this research are 1) The position of a lawsuit against factual actions committed by the military before Law number 30 year 2014 and 2) the claim position against factual actions committed by the military after Law Number 30 Year 2014. This research is a doctrinal research by using a statute approach and conceptual approach. The result of the analysis found that the KTUN paradigm have change under Law number 30 year 2014, which does not affect the absolute competence of lawsuits for factual actions carried out by military, though a government were excluded as mentioned on Article 2 of Law Number 9 of 2004 on Amendments of Law Number 5 of 1986 concerning State Administrative Court. It was confirmed under Article 87 of Law 30/2014, which grammatically states that the only changes to the KTUN are those in Law 51/2009, Law 10/2004, and Law 5/1986. The application of lex specialist pictured under the act number 30 year 2014 which regulated the administrative decision by the government, however concerning the military only regulated under the act number 31 year 1997. Further, the absolute competence on handling the legal factual action by the military since the implementation of law number 30 year 2014 is still held in the district court.
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Gomes, Vanessa Santana, and Tânia Alves Amador. "Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review." Cadernos de Saúde Pública 31, no. 3 (March 2015): 451–62. http://dx.doi.org/10.1590/0102-311x00219113.
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The aim of this systematic review was to identify and characterize articles in indexed scientific journals with quantitative data surveys on administrative or legal proceedings for access to medicines. The SciELO, LILACS, MEDLINE via PubMed, Embase, and Scopus databases were used. We identified 45 articles, of which 17 were selected. The larger studies, each covering between 2,000 and 2,927 lawsuits, were done in the states of São Paulo, Rio de Janeiro, and Santa Catarina, Brazil. Eleven studies specified the type of legal representation, of which six examined cases with public attorneys and five with private attorneys. Only two studies reported whether the lawsuit was individual or class action, and in both the claims were individual. Since the majority of the medicines requested in the lawsuits were medium to high-cost, the review indicates that lawsuits contributed to the incorporation of these drugs into current pharmaceutical care in Brazil.
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Dianti, Anak Agung Tias Sandya, Anak Agung Sagung Laksmi Dewi, and I. Nyoman Sujana. "Upaya Perlawanan sebagai Akibat Pernyataan Dismissal oleh Ketua Pengadilan Tata Usaha Negara (Studi Kasus di Pengadilan Tata Usaha Negara Denpasar)." Jurnal Konstruksi Hukum 1, no. 2 (October 28, 2020): 260–65. http://dx.doi.org/10.22225/jkh.2.1.2592.260-265.
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The State Administrative Court (PTUN) is held to resolve conflicts of interest that cause disputes between State Administrative Bodies or Officials and citizens. The object of the dispute becoming the authority of PTUN is a written stipulation issued by a State Administration Agency or Official which causes legal consequences and harm to a person or legal entity in a civil manner which is included in the definition of a State Administrative Decree and contained in Article 2 of Law No.5 1986. This study focuses on the resolution of resistance efforts as a result of dismissal statements by the Chairman of the State Administrative Court and the basis for consideration of the Panel of Judges in deciding the case. To achieve this goal, exploration with this research is carried out using a qualitative research design. The results show that the PTUN Law which is used as a reference in stating a lawsuit can be processed or not through the screening stage, which will then be examined and decided by the appropriate Judge, appointed by the Chief Justice with a short procedure. If the plaintiff’s resistance is accepted, the dismissal determination does not pass by the head of the court is canceled. Furthermore, the subject of the lawsuit will be examined and decided according to an ordinary procedure, and vice versa, if the verzet is rejected by the panel of judges examining it, the plaintiff can no longer take legal action. In deciding cases of resistance action as a result of dismissal, it is stated that the decision on the object of the dispute is included in the category of decisions that are exempt from being a State Administrative Decree.
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Осадчий, А. Ю. "ПРАВО НА ЗВЕРНЕННЯ З АДМІНІСТРАТИВНИМ ПОЗОВОМ." Наукові праці Національного університету “Одеська юридична академія” 13 (May 14, 2019): 400–409. http://dx.doi.org/10.32837/npnuola.v13i0.287.
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Стаття присвячена розгляду права на звернення з адміністративним позовом як елемента права на судовий захист в адміністративному судочинстві, обставин, з якими пов'язується його виникнення та реалізація.
The article is devoted to the right to appeal with an administrative lawsuit as an element of the right to judicial protection in the administrative court proceedings, the circumstances, which binds of its occurrence and implementation.
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Hebesh, S. A. "Concept of administrative lawsuit as a basis for commencement of proceedings." Legal Novels 2, no. 12 (2020): 73–78. http://dx.doi.org/10.32847/ln.2020.12-2.11.
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Yusuf, Muhammad, Slamet Sampurno, Muhammad Hasrul, and Muhammad Ilham Arisaputra. "Kedudukan Jaksa sebagai Pengacara Negara dalam Lingkup Perdata dan Tata Usaha Negara." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 21, no. 02 (March 22, 2019): 12–27. http://dx.doi.org/10.24123/yustika.v21i02.1500.
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The term Prosecutor as a state lawyer is not clearly stated in the Prosecutor's Law. Implementation of the functions of the Prosecutor as state attorney in the civil and administrative sphere of the state follows the flow and procedures for settlement of civil disputes and state administration in general. To optimize the implementation of the Prosecutor's function as a state lawyer, the Prosecutor must be provided with education and training regarding civil law and constitutional law/state administrative law. Therefore, the institutionalization of the State Attorney Attorney is also needed so that if a lawsuit involving the interests of the state occurs, there will be no difficulty in appointing and determining the Prosecutor acting as the State Attorney.
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Sasmito, Hasto. "Implementation Of Decisions And Obstacles Administrative Court - Implementation Obstacles." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 391. http://dx.doi.org/10.30659/jdh.v1i2.3279.
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Indonesia is a country of law. The rule of law means in our country is the law that has significance especially in all aspects of community life. Everything implementation carried out by the state through its government should be appropriate and according to the channels that have been determined in advance by law. Judicial Administration is a special court, which was given the authority to resolve disputes that arise in the field of administration and personnel or disputes that occur between administration officials with a person or body of civil law as a result of the issuance or issuance of a decision. Act no. 5 of 1986 on State Administration aims to provide a container or a space for people and civil legal entity to file a lawsuit to the Administrative Court (PTUN) for the issuance of an administrative decision (KTUN), then his rights to feel disturbed or harmed but in practice administrative court ruling will not necessarily be implemented because of constraints exist that impede the implementation of the decision of the Administrative Court. Thus the presence of the administrative court as an institution that is expected to be a means of enforcement and legal protection in the field of administration can not be carried out effectively and still needed revision of the law.Keywords: State Administrative Court (PTUN).
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Gailiūnienė, Ugnė. "Viešojo administravimo subjektų padarytos žalos atlyginimas: kai kurios procesinio pobūdžio veiksmų pripažinimo neteisėtais problemos Lietuvoje." Teisė 76 (January 1, 2010): 115–29. http://dx.doi.org/10.15388/teise.2010.0.221.
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Straipsnyje analizuojami kai kurie procesiniai viešojo administravimo subjektų veiksmų pripažinimo neteisėtais žalos atlyginimo bylose klausimai. Nagrinėjamas atskiro reikalavimo pripažinti veiksmų neteisėtumą reikalingumas, Administracinių bylų teisenos įstatyme nustatytų skundo padavimo terminų ir Civiliniame kodekse nustatytų ieškinio senaties terminų santykis ir taikymo problema, problemos, kylančios teismams atlyginant žalą, padarytą skiriant administracines nuobaudas. The publication analyses some procedural questions that arise in the cases of compensation for damage when dealing with the unlawful actions of the public administration. It discusses the necessity of separate claim to recognize the actions as unlawful, the terms to bring a lawsuit in Law on administrative proceedings in relation to prescription terms in Civil code and the problems of their application, problems that arise compensating for damage made by imposing administrative sanctions.bsp;
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Haryanto, Slamet, and Kadi Sukarna. "PERAN KOMISI INFORMASI PUBLIK DALAM PROSES EKSEKUSI TERHADAP PUTUSAN SENGKETA INFORMASI YANG BERKEKUATAN HUKUM TETAP DALAM TINJAUAN UU NO.14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK." Jurnal Ius Constituendum 2, no. 1 (April 5, 2017): 96. http://dx.doi.org/10.26623/jic.v2i1.546.
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<p>The community as the users of information has sufficiently important rights <br />in the context of information disclosure. When the right to obtain information is<br />inhibited because the public entity or governor is not available in the execution of<br />the information disclosure management, then public information lawsuit will<br />emerge in the implementation of the public information disclosure. <br />The public information lawsuit happens when public entity and the user of<br />information disputes with something related to the rights to acquire information<br />and to use information based on legislation. The completion of the lawsuit<br />through nonlitigation ajudication is the process of the completion of public<br />information lawsuit. The completion of the information through nonlitigation<br />ajudication is hopefully able to resolve the dispute fast, low cost, and simple. <br />The problems in this thesis are: a) how the mechanisms of the settlement of<br />public information lawsuit in the Information Commission, b) what obstacles and<br />solutions of the execution implementation of the Information Commission<br />decisions which have been legally binding. <br />Answering the problem, research with juridical normative approach method<br />with analytical descriptive research specification was conducted. The type of data<br />used in this study is secondary data. <br />Based on the research that had been conducted, it was found that Public<br />Information Lawsuit Settlement Procedure, the execution of the decision or the<br />execution of the Information Commission decision which had been legally<br />binding was conducted by the competent Court, in the context that the public<br />information lawsuit settlement was the court within the jurisdiction of the pleated.<br />In this case if the pleated is State or Government public entity then the court in<br />question is the Administrative Court of the State, whereas if the execution pleated is a party outside the State or Government public entity then the competent court is the competent District Court. <br />The execution authority of the Information Commission decision granted to<br />the State Administrative Court as well as the District Court, causes the<br />information users to experience the long process of obtaining information which<br />is their needs or constitutional rights.</p>
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Al-Shabatat, Mohammed Ali, and Hisham Hamed Salman Al-Kasasbeh. "Interest Clause in the Constitutional Lawsuit in Accordance to the Constitutional Court in Jordan." European Scientific Journal, ESJ 13, no. 1 (January 31, 2017): 260. http://dx.doi.org/10.19044/esj.2017.v13n1p260.
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This study aimed to shed light on one of the most important conditions of interest for lifting the constitutional validity of the case before the constitutional court. Through this statement, the concept of interest as a condition for accepting the constitutional lawsuit, as well as the right protected by the constitutional lawsuit is a right guaranteed by the Constitution. Also, the assault which is basically the work of public authorities may take the form of the Act of Parliament, regulations, or an administrative decision issued by the executive authority. This is together with various characteristics that must be met for the interest clause in the constitutional case. The existence of a link between the interest on the constitutional lawsuit; the interests of the substantive suit; legal, personal and direct interest; the interest of the list established by law; and the interest clause in the lawsuit should be made available throughout the stages of the proceedings. This should be made available when required at the time filed. Also, it should continue to exist based on the verdict. This occurs especially if the interest is still available before the court reaches a verdict for any reason consequent upon expiration of the constitutional case.
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Hebesh, S. A. "PROBLEMATIC ASPECTS OF FILING A LAWSUIT IN THE ADMINISTRATIVE PROCEEDINGS OF UKRAINE." State and Regions. Series: Law 2, no. 4 (2020): 59–64. http://dx.doi.org/10.32840/1813-338x-2020.4-2.11.
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Untoro, Untoro, and Hamdan Azhar Siregar. "REKLAMASI PULAU K DALAM PERSPEKTIF PEMBANGUNAN BERKELANJUTAN DAN KEKUATAN HUKUM IZINNYA." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 1 (October 10, 2018): 73. http://dx.doi.org/10.36913/jhaper.v4i1.65.
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Land reclamation over the coast has four philosophically values, among others is that reclamation must observe prevailing regulations. An administrative lawsuit has been lodged into Jakarta Administrative Court against the Governor of Jakarta Decree No. 2485 of 2015 concerning License on K Island Reclamation. The problems arose over the case both legally, socially, and philosophically. This article will examine the Administrative Court consideration over the case, especially on the issues of the implication of Governor’s license, coastal region use in the perspective of sustainable development, and the implication of license towards the case pending before civil court. The research methodology uses normative research. The research fi nds that the license issued by the Jakarta Governor comply with Article 93(1) of Law No. 32 of 2009 concerning Protection and Management of Living Environment. The use of coastal region should be directed for the achievement of sustainability of ecology, economy, social, and cultural. The implication of license related to civil case has a correlation that the licensee cannot freely doing reclamation even though he holds a license. The licensee must observe the impact of reclamation over surrounding environment. A civil lawsuit based on unlawful act committed by the licensee can be submitted if the reclamation infl icts fi nancial loss to the surrounding community.
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Stogun, Sergiy. "Reforming administrative justice in Ukraine at the present stage." Legal Ukraine, no. 11 (2019): 6–9. http://dx.doi.org/10.37749/2308-9636-2019-11(203)-1.
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The article considers an important problem – the creation of an autonomous system of administrative courts as a means and an opportunity to unload local general courts by refusing to consider administrative cases in these courts. The role and place of each judicial link in the system of administrative legal proceedings is determined. The main issue is to regulate the effectiveness of the lawsuit. The problem of the effectiveness of the lawsuit has been repeatedly considered in the works of Ukrainian scientists, but the effectiveness parameters are still not clearly defined. The issue of judicial jurisdictions (administrative, economic and general) is also subject to justification and a clearer delineation. The practice of consideration by general district courts of administrative cases or the so-called public law disputes raises many questions. That is, we are talking about the functioning of common courts of the first link at the same time as criminal, civil and administrative. The author makes a proposal to establish on the basis of district administrative courts in each regional center of appeal. At the same time, the local courts should be the newly created inter-district courts, the jurisdiction of which should extend to at least 3 adjacent regions. The article argues the feasibility of reforming the Supreme Court as a cassation instance. The proposal of the parliamentarians to reduce the Supreme Court by 100 judicial units before a real reform of administrative proceedings will not result. We do not see what the composition of the Cassation Administrative Court will be, what its procedural powers will be, and the like. However, by signing an association agreement with the EU, Ukraine has committed itself to adapt its legislation to the level of European standards, including in terms of legislation on the judicial system, legal proceedings and the status of judges. And above all, this concerns compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the independence and impartiality of the court.
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Robertson, James E. "The Prison Litigation Reform Act As Sex Legislation: (Imagining) a Punk's Perspective of the Act." Federal Sentencing Reporter 24, no. 4 (April 1, 2012): 276–86. http://dx.doi.org/10.1525/fsr.2012.24.4.276.
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This article critiques the Prison Litigation Reform Act (PLRA) from the imagined perspective of a jailhouse punk. His sexual exploitation by fellow inmates “turns” him into a non-man, placing him at the bottom of a society of captive men. From his perspective, the PLRA deters him from bringing a federal failure-to-protect lawsuit. First, the PLRA requires exhausting administrative remedies before he can bring a lawsuit. Doing so, however, exposes him to ridicule and retaliation. Second, by making a “prior showing of physical injury” a precondition for an award of actual damages for mental or emotional harm, the PLRA effectively bars some victims of prison sexual exploitation from receiving deserved compensation. Justice for punks requires exempting allegations of prison sexual assault from the PLRA's exhaustion and physical injury provisions.
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Ilse Lee. "A Study on the Lawsuit to confirm the illegality of an administrative omission." kangwon Law Review 35, no. ll (February 2012): 857–94. http://dx.doi.org/10.18215/kwlr.2012.35..857.
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Ilse Lee. "A study on the improvements of the suspension of execution in the administrative lawsuit." Public Law Journal 14, no. 1 (February 2013): 529–68. http://dx.doi.org/10.31779/plj.14.1.201302.019.
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Putrijanti, Aju. "The Control of Environment Management Through Administrative Court." E3S Web of Conferences 31 (2018): 09024. http://dx.doi.org/10.1051/e3sconf/20183109024.
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Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge’s verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.
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Jeong Yi Keun. "Lawsuit for performance of obligation in Administrative Procedure Law of the People's Republic of China." Public Law Journal 11, no. 1 (February 2010): 437–60. http://dx.doi.org/10.31779/plj.11.1.201002.017.
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Gainsborough, Juliet F. "Scandals, Lawsuits, and Politics: Child Welfare Policy in the U.S. States." State Politics & Policy Quarterly 9, no. 3 (September 2009): 325–55. http://dx.doi.org/10.1177/153244000900900304.
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In order to understand what factors drive child welfare policymaking, this research analyzes data on spending and legislation from the U.S. states over a three-year period. The key independent variables are scandal, litigation, federal oversight, and local discretion. While states that experience a scandal or a lawsuit do not increase their spending levels over previous years, they do enact more child welfare legislation. This raises the possibility that states engage in symbolic rather than substantive responses to child welfare crises. The administrative structure of the child welfare system also affects state policymaking.
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Putriyanti, Ayu. "Kajian Undang-Undang Administrasi Pemerintahan dalam Kaitan dengan Pengadilan Tata Usaha Negara." Pandecta: Research Law Journal 10, no. 2 (December 31, 2015): 180. http://dx.doi.org/10.15294/pandecta.v10i2.4952.
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Penatalaksanaan penyelenggaraan pemerintahan dan pengujian terhadap keputusan tata usaha negara dilakukan agar menjadi jelas dan memberi kepastian hukum. Dengan keluarnya UU No 30 Tahun 2014 tentang administrasi pemerintahan maka diperlukan penyelarasan dan penyesuaian atas peraturan peradilan tata usaha negara. Penelitian ini menggunakan pendekatan undang-undang (statute approach) dan penelitian hukum doctrinal. Hasil penelitian ini menunjukkan bahwa batas antara Pengadilan Umum dengan Pengadilan Tata Usaha Negara dalam memutus sengketa dibidang hokum dibedakan atas jenis perkaranya. Pengadilan umum memutus perkara dibidang perdata dan hokum pidana. Seangkan PTUN memutus perkara gugatan terhadapa perbuatan hokum pemerintah. Adapun penerapan prinsip-prinsip good governance dan AAUPB memiliki persamaan dan perbedaan, yang antara keduanya saling memiliki hubungan untuk mewujudkan pemerintahan yang baik dan sesuai hukum.<br /><br /><br /><em>Management of the administration and testing of state administrative decisions made in order to become clear and provide legal certainty. With the issuance of Law No. 30 of 2014 on government administration will require alignment and adjustment to regulatory administrative courts. This research use a statute approach and doctrinal legal research. These results indicate that the boundary between the General Court to the Administrative Court to rule on the dispute in the field of law distinguished on the type of his case. General court deciding the case in the field of civil and criminal law. Seangkan administrative court deciding the case of legal action lawsuit terhadapa government. The application of the principles of good governance and Good Governance Principles have similarities and differences, which between them have a relationship with each other to realize good governance according to law.</em>
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Pattipawae, Dezonda Rosiana. "Tinjauan Eksekusi Putusan Sela Dalam Bentuk Schorsing Pada Pengadilan Tata Usaha Negara." SASI 24, no. 1 (July 8, 2018): 84. http://dx.doi.org/10.47268/sasi.v24i1.121.
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The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.
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Pudelka, Jörg, and Jens Johannes Deppe. "GENERAL ADMINISTRATIVE LAW IN DEVELOPMENT IN CENTRAL ASIA." Administrative law and process, no. 3(26) (2019): 19–61. http://dx.doi.org/10.17721/2227-796x.2019.3.02.
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Transformation in the Central Asia is seen as regards to move towards the market economy, while democratization – rather in in deficit. Nevertheless author sees new signs in the relations of individuals and the state. While the Kyrgyz Republic, Tajikistan and Kazakhstan introduced new administrative procedural laws, they are so revolutionary or, to the contrary, meaningless that their application is not yet certain or requires continued effort. Not only government resources valued as scarce but legal and administrative sciences are behind needs. Findings on administrative and constitutional judiciary presented for Kazakhstan, Uzbekistan, Tajikistan and Turkmenistan. In the first state they are rather active, while in Uzbekistan and Tajikistan rather in shadow, while no one in Turkmenistan. The Kyrgyz Republic has recently given its constitutional court control to its Supreme Court. Public administration in Central Asia author sees as defect, mass media under strict state control, right to a complaint and to a lawsuit as not generally known (kind of exception: Kyrgyz Republic). Presented findings to legal advice and assistance especially in courts valued low or not granted in civil and administrative disputes, legal guarantees of access to justice as uncertain. “Worldwide Governance Indicators (WGI)” are presented and except in accountability of government, rule of law and the control of corruption other points are valued as positive. Having earlier Russia as a leading example now it qualifies no more, generally there is no modelling for administrative matters and laws. As models author presents sections 9, 10, 22, 24, 25, 26, 28 and some basic principles of the German Federal Administrative Procedure Act. Valuing findings, some changes named substantial / sustainable, most rather formal of short-lived. Kazakhstan is named in every respect better than Tajikistan, Turkmenistan and Uzbekistan. Latter states have equally negative reform policy. Except in the Kyrgyz Republic the elections are described as not free and fair.
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Muzakkir, Nurul, Yanis Rinaldi, and Adwani Adwani. "Cancellation of Land Ownership Certificate by the State Administrative Court Reviewed from the State Administrative Justice Law." International Journal of Multicultural and Multireligious Understanding 8, no. 4 (May 4, 2021): 703. http://dx.doi.org/10.18415/ijmmu.v8i4.2624.
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Based on Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration states, in the event that a land area has been issued a certificate legally and on behalf of a person or legal entity who acquires the land in good faith and expressly controls it, then the other party who feels that it has the right to the land, can no longer demand the exercise of the right if within a period of 5 years from the issuance of the certificate does not object in writing to the holder of the certificate or the Head of the Land Office concerned or does not file a lawsuit to the Court regarding the mastery or issuance of the certificate. Legal problems arise that a certificate that has been issued a certificate for 5 years can not be sued in court on an validity basis. The results showed that the cancellation of land rights certificate by tun court based on The State Administrative Court Law, cancellation of land certificates by deliberation and other efforts and unilateral settlement by the National Land Agency (BPN) has been carried out, where the plaintiffs held a review of the State Administrative Decision that has been issued can not be received by the plaintiff or the disputing party. Prior to the ruling that has legal force it remains prohibited for the relevant State Administration officials to carry out mutations on the land in question, it is to avoid the occurrence of problems in the future that cause harm to the litigants and third parties.
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Putrijanti, Aju. "Judicial Activism in Judge’s Verdict to Law Enforcement of Environment." E3S Web of Conferences 202 (2020): 03018. http://dx.doi.org/10.1051/e3sconf/202020203018.
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Law enforcement to protect the environment as lay in Act Number 32 Year 2009 of Protection and Management of Environment, can be make from administrative, penal and private law. Government that includes legislative, executive and judicative has role and responsibility to perform welfare for citizen. The administrative lawsuit goes to Administrative Court, follows the Act Number 5 Year 1986 of Administrative Court for procedural process. This research based on normative legal research, which is descriptive analysis. Also using conceptual and statute approach, and research data used are literature and secondary data. The good understanding of principle of good environment, become important for judge and government to do their duties to protect the environment. Judge has an important role in law enforcement due to protection of environment, by using judicial activism. Through judge’s verdict, judge has to conceive wisely the importance of environment and the principle of good environment governance. Government should be based on environment ethic as a guidance to make, prepare the regulations, permissions due to protection of environment. Antroposentris and biosentris approach might be used to prepare the green regulations and green permissions.
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Pattipawae, Dezonda R., and Heillen M. Y. Tita. "TINJAUAN HUKUM PUTUSAN SELA DALAM BENTUK SCHORSING PADA PENGADILAN TATA USAHA NEGARA." Perspektif Hukum 17, no. 1 (October 8, 2018): 15. http://dx.doi.org/10.30649/phj.v17i1.82.
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<em>The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.</em>
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Inho Choi. "A Study on Non-Title Litigation and Preliminary Relief Focusing on an Administrative Lawsuit for Affirmative Injunction." kangwon Law Review 49, no. ll (October 2016): 739–89. http://dx.doi.org/10.18215/kwlr.2016.49..739.
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Толстолуцька, Марина. "CUSTOMS DISPUTE AS A SUBJECT ADMINISTRATIVE PROCEEDINGS." Вісник Академії праці, соціальних відносин і туризму, no. 2 (November 7, 2019): 19–26. http://dx.doi.org/10.33287/11201.
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The paper presents findings of the study regarding the essence of thecustoms disputes within administrative proceedings.The researchreveals that a customs dispute is a kind of public legaldispute. Characteristic features of the customs dispute are: the emergence ofa dispute on customs relations; a special subject structure of the dispute - onthe one hand, the customs authorities or their officials, on the other - physicalor legal persons who move objects across the customs border of Ukraine; thesubject of the dispute is the decision, actions or omissions of the customsauthorities or their officials; the basis of the dispute is the violation by thecustoms authorities or their officials of the rights, freedoms and legitimateinterests of private individuals moving objects across the customs border ofUkraine.It has been determined that a public legal dispute transferred to anadministrative court decision is an administrative matter. Cases arising thebasis of customs disputes include disputes between natural or legal personswith the subject of authority regarding the appeal of its decisions (legalacts or individual acts), acts or omissions, except when for the considerationof such disputes the law has been established another procedure for courtproceedings. Attention is drawn to the fact that the dispute can only be adispute related to the movement of objects across the customs border.The most widespread customs disputes that are considered withinthe administrative proceedings, which include appeal decisions, actions orinaccuracies in relation to adjusting the customs value of goods, determiningthe product code in accordance with the Ukrainian classification of goods inforeign trade, returning customs and other payments to taxpayers by mistakeand / or excessively paid to the budget.It is proposed to understand the customs dispute as an administrativecase under the lawsuit of the subjects of customs relations concerningviolation of their rights, freedoms and legitimate interests in the process orconcerning the movement of objects across the customs border of Ukraine, asan object of administrative legal proceedings.
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Eric, Eric, and Wening Anggraita. "Perlindungan Hukum Atas Dikeluarkannya Peraturan Kebijakan (Beleidsregel)." Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 5, 2021): 464. http://dx.doi.org/10.23887/jkh.v7i1.31820.
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Policy regulations are not a new phenomenon in governance in Indonesia. Policy regulations arise as a result of the growing needs of the community, which requires the government to take quick legal action, even overriding the principle of legality or what is also known as wetmatigheid van bestuur. Because the authorities have extraordinary powers, administrative law functions to provide legal protection for the people against the actions of the authorities by bringing a lawsuit to the court. Legal protection for the people from government legal action is a juridical means in a rule of law to prevent or restore losses suffered by the people as a result of government legal actions that cause losses to the people.
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이상천. "A Study on Lawsuit of Pure Partial Cancellation as a Legal Control of Supplementary Clause on Administrative Act." Journal of hongik law review 14, no. 1 (February 2013): 619–48. http://dx.doi.org/10.16960/jhlr.14.1.201302.619.
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Chandra Mahayani, Gusti Ayu Indira, I. Wayan Parsa, and I. Nyoman Sumardika. "Pelaksanaan Upaya Hukum Banding Oleh Notaris Atas Putusan Majelis Pengawas Wilayah Provinsi Bali." Acta Comitas 3, no. 2 (October 29, 2018): 247. http://dx.doi.org/10.24843/ac.2018.v03.i02.p02.
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The Article 73 (1) (e) of the Law 2/2014 concerning the Amendment of Law 30/2004 on Public Notary (UUJNP), regulates that the Regional Supervisory Council (MPW) has the authority to give sanction to a public notary, either verbally or in written. However, based on the empirical findings, there is a decision of Bali’s MPW that gives temporary suspension to Notary X. This finding, reflects the gap between the theory of law and its actual implementation of a supervisory conduct of the Bali’s MPW, specifically on giving a punishment. The purpose of this study is to critically analyze the legal position of the decision of the Supervisory Board of the Bali Province Region as a decision of the State Administration Officer and Identify the implementation of an appeal by the Notary X on the decision of the Bali Province Regional Supervisory Board. By using the juridic empirical approach, which the primary sources were obtained through indepth interviews with interviewees and the secondary sources of data were obtained through library research on primary, secondary, and tertiary source of law. This research shows that the appeal process was effectively conducted as required by the Article 77 UUJNP and Article 33 vide Article 35 Miniter of Law and Human Rights Regulation M.02.Pr.08.10/2004 and the decision’s letter of Bali’s MPW as a state officials could be subjected to a lawsuit by a public notary or any other affected parties to the State Administration Court as an Administrative Dispute. However, until 2018 there are no decisions of Bali Province’s MPW ever being sued to the Administrative Court.
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Habibi, Dani. "Perbandingan Hukum Peradilan Tata Usaha Negara dan Verwaltungsgerecht sebagai Perlindungan Hukum Rakyat." Kanun Jurnal Ilmu Hukum 21, no. 1 (May 27, 2019): 1–22. http://dx.doi.org/10.24815/kanun.v21i1.12185.
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Permasalahan hukum yang akan dibahas dalam tulisan ini mengenai gambaran sistem Peradilan Tata Usaha Negara Jerman dan Peradilan Tata Usaha Negara di Indonesia. Sistem Peradilan Tata Usaha Negara Jerman pada hakikatnya sama dengan sistem Peradilan Tata Usaha Negara di Indonesia. Sistem tersebut dapat dilihat dari adanya jenjang sistem peradilan mulai dari tingkat pertama, tingkat banding, dan tingkat akhir atau kasasi. Selain itu akan diulas berkaitan dengan proses peradilan, dasar-dasar dilakukannya gugatan yang diajukan terhadap pemerintah serta cara pelaksanaan proses peradilan tata usaha negara di masing-masing negara. Metode penelitian adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan dan perbandingan hukum. Tujuan dari penelitian ini untuk mengetahui sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta mengetahui perbedaam sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta melakukan suatu pembaruan sistem Peradilan Tata Usaha Negara di Indonesia sebagai bentuk suatu perlindungan hukum kepada rakyat A Comparative Law of Administrative Court and Verwaltungsrecht as a Form of Legal Protection to People Legal issues that will be discussed in this paper regarding the description of the Germany Administrative Court system and the Indonesia Administrative Court system. Generally, There are similarities between the Administrative Court system in Germany and in Indonesia. It can be seen from the level of the justice system starting from the first level, the appeal level and the final level or cassation. In addition, this paper will review the judicial process, the basics of lawsuit against the government and how to implement the state administrative court processes in each country. The research method is normative legal research with legislation and legal comparison approach. The purpose of this research is to find out the Administrative Court System and to know the difference between the Administrative Courts System both in Indonesia and in Germany and also to reform the Administrative Court system in Indonesia as a form of legal protection for people.
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Kovalev, Boris, and Sergey Kulik. "Velikiye Luki corrupt collaborator Ivan Bychkov-Pomortsev: a figure in two cases." OOO "Zhurnal "Voprosy Istorii" 2021, no. 02 (February 1, 2021): 174–82. http://dx.doi.org/10.31166/voprosyistorii202102statyi19.
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One of the reasons for the collaboration of Russian citizens with Nazi invaders during the Great Patriotic War was the desire to improve their material well-being. Holding various administrative positions, they not only carried out the orders of the German command, but also used them for selfish purposes. Burgomaster of the city of Velikiye Luki Ivan Bychkov-Pomortsev was twice called before the court to answer a criminal charge. The Nazis filed the first lawsuit against him in the so-called “new Russian court” for numerous fraudulent schemes and abuse of his official position. The collaborating official justified his actions by his hatred of Jews and Communists and insisted on active assistance to the German command. The second time Bychkov-Pomortsev was convicted by the Soviet court as an active accomplice of the Nazi occupiers.
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Slivka, M. M., and N. V. Lesko. "Legislative regulation of powers of local government bodies in the field of environmental protection." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 96–100. http://dx.doi.org/10.24144/2307-3322.2021.63.17.
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The article is devoted to the study of legislative regulation of the powers of local governments in the field of environmental protection and the development of proposals for their improvement.
It is noted that local governments occupy an separate and independent place in the mechanism of public administration, which indicates their special administrative and legal status.
It is emphasized that local self-government bodies should be endowed with a sufficient amount of powers that would allow them to protect the interests of the administrative-territorial community in the field of environmental protection as effectively as possible.
It is stated that the Constitution as the Basic Law of the state, taking into account the global importance of the issue of environmental protection should clearly and without any ambiguity in interpretation contain an article according to which local governments will be empowered to exercise primary control over environmental protection. natural environment at the local level and bringing perpetrators to justice.
It is proposed to supplement Article 15 of the Law of Ukraine «On Environmental Protection», which defines the powers of local councils in the field of environmental protection, paragraph «й» of the following content: "decide to bring to administrative responsibility those guilty of violating legislation in the field of environmental protection environment of individuals and / or legal entities ".
It is highlighted that based on the analysis of Part 4 of Art. 42 of the Law of Ukraine «On Local Self-Government in Ukraine», village, town, city mayor have a wide range of powers, but among these powers there are no ones that would give them the right to monitor compliance with environmental legislation in the region and bring perpetrators to justice.
It is emphasized that local governments are given broad powers in terms of controling the activities of economic entities and they should be included as a subject of a lawsuit in accordance with Art. 16 of the Law of Ukraine "On Environmental Impact Assessment" in case of violations in the field of environmental impact assessment.
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Kereszty, Éva Margit. "Traps in detection and post-mortem administration of death in the everyday practice of a clinician." Orvosi Hetilap 153, no. 5 (February 2012): 184–90. http://dx.doi.org/10.1556/oh.2012.29286.
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70% of the death cases in Hungary occur in hospitals, so there is an extraordinary importance of the correct detection of the death, the medical cause of death and the management of the postmortem process. This article presents the obligations of physicians of clinical wards step-by-step, and the insufficiencies and faults experienced several times leading to complaints and pleas from the relatives. Beyond the legal background the specific needs of medical ethics and communication are also presented. Some elements of the final case-summary (epicrisis of the dead), as the complete and complex case-history are described in details. Author suggests a few points of view for renewing the hospital manuals and creating local professional protocols covering the activities of the clinical wards as well as the pathology and administrative units of the hospital, which protocols may act also as quality assurance and lawsuit prevention instruments. The examples of deficient practice are taken from medical experts’ experiences and from Hungarian case-law. Orv. Hetil., 2012, 153, 184–190.
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Albatul, Fatimah. "Kewenangan Jaksa dalam Memulihkan Kekayaan Negara." al-Daulah: Jurnal Hukum dan Perundangan Islam 4, no. 01 (April 1, 2014): 45–70. http://dx.doi.org/10.15642/ad.2014.4.01.45-70.
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Abstract: this article discusses about the authority of the prosecutor in restoring the state’s assets based on Undang-Undang Kejaksaan No. 16 tahun 2004. Such a constitusional authority is in the form of obtainning special authorization from the government agencies as defined in article 30 paragraph 2 of Undang-Undang Kejaksaan. The scope of the authority includes, law enforcement, legal aid, legal consideration, saving and restoring the state’s wealth. In accordance with restoring the state’s wealth, it can be done by filing a lawsuit in court or by offering peace outside of the court. The authority of prosecutor in restoring the state’s wealth, according to the political jurisprudence, is valid in accordance with the authority of hisbah as a government official supervisor to resolve the dispute in the case of administrative irregularities. So, the prosecutor’s attempt to resolve the dispute can be justified, either by the litigation or non-litigation way. Likewise, it is the hisbah which has the authority to do prosecution and call the parties to be peacefully resolved.Keywords: Prosecutor, recovery, wealth, state, political jurisprudence
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Filho, Fernando Correa, Julio Adolfo Zucon Trecenti, and Marcelo Guedes Nunes. "Numerical aspects of business court specialization." International Conference on Advances in Business, Management and Law (ICABML) 2, no. 1 (March 2, 2019): 101–7. http://dx.doi.org/10.30585/icabml-cp.v2i1.241.
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Jurisdiction specialization is a topic of interest in the administration the justice system. Pros and cons have been vastly discussed, but few papers discuss the pratical details connected to the application of this policy. In this study, we discuss the creation of business courts in the County of São Paulo Brazil, and introduce innovating data analysis methodologies for solving pratical problems. In São Paulo, new courts, specialized or not, must follow two main criteria. New courts must have a minimum number of lawsuits per year and must have some estimate of the future worka load. In the performed analyses, we found evidence that a business lawsuit requires almost twice the amount of effort of a common lawsuit. By correcting the volume of lawsuits, based on a matter-treatment model, we arrived at the conclusion that two business courts can handle the existing demand adequately. Also, we were able to develop a robust methodology to verify if and how business courts should be created.
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Skochylias-Pavliv, O. V., and N. V. Lesko. "The dispute about law in urgent administrative cases at the appeal of the bodies of revenue and fees." Legal horizons, no. 18 (2019): 85–90. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p85.
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The article deals with current issues related to the procedure of consideration and resolution of urgent administrative cases at the appeal of the bodies of revenue and fees. The peculiarities of the specified category of cases which are manifested in the urgency; subject composition; notification of the participants of the case on the date, time and place of the case; filing of the claim; calculation of procedural terms; announcement and service of court decisions; appeal and cassation appeal; the court fee are analyzed. It is noted that the statements of the case are a statement of claim, reaction a statement of claim, a response to a reaction, a protest, a third party’s explanation of the statement claim, or reaction a statement of claim. The form of the appeal of tax authorities to the administrative court is a claim. Obviously, that is why in these categories of cases there are often misunderstandings regarding the payment of court fees as evidenced by a large number of decisions on leaving without motion the claim of bodies of revenue and fees on the ground of failure to submit to the court a document on payment of court fees. Central to the article is the consideration of the issue of understanding of the dispute about law as one of the grounds for refusing to open proceedings at the appeal of the bodies of revenue and fees. The only form of administrative proceedings is the consideration of the case on the statement of claim. As is well known, a lawsuit involves conflict between the parties. The mutual rights and obligations of the parties to prove their claims and objections constitute the substance of the dispute. However, the peculiarities of disputes at the request of the bodies of revenue and fees due to the fact that they don’t have a dispute about the law. It is noted that there is no legal definition of the term «dispute about the law», which significantly complicates the consideration and resolution of this category of cases. The interpretation of this concept exists only in judicial practice, in particular in resolutions of the Supreme Court but they are also contradictory. That’s why we consider it necessary to supplement article 283 Code of Administrative Proceedings of Ukraine a note defining the concept of «dispute about the law», which should be understood as a claim of the taxpayer to the tax authority regardless of the subject of the claim which may be submitted to administrative or judicial procedure. Keywords: a dispute about law, administrative proceedings, administrative case, revenue, and fees, claim.
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Isna, Fatimah. "Coping with Forest and Land Fire Regulatory Challenges in Indonesia: an Assessment to the Regulatory Enforcement." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 198–210. http://dx.doi.org/10.15330/jpnu.5.2.198-210.
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The uncontrolled expansion of plantation activities within peatland areas is one of the major trigger causing forest and/or land fire (Fire) in Indonesia. To deal with such problems including other influencing variables such as land use management, Indonesian law provides various options of regulatory instrument. The law indicates strong message that the Fire must be stopped, reflected through stipulations on regulatory instruments including command and control type of regulation (direct regulation) and alternative approaches to hold compliance. After exacerbate Fire in 2015, many protests from the people, neighborhood countries and broader international parties encouraged Indonesian government to be more active in conducting regulatory enforcement of some regulatory instruments. Some of the examples are the imposed administrative sanction and lawsuit against companies within 2015 to 2017. However, the regulatory enforcement has not been assessed as to whether it has obtained significant improvement to stop Fire. This paper attempt to assess whether regulatory enforcement on selected Fire cases has met the regulatory objective particularly to stop the Fire. This research finds that output of the applied enforcement for violation on Fire provisions remains incoherent with the regulatory objective while the strategy of enforcement is not well-systemized.
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Wei Lit, Yew. "Disembedding lawful activism in contemporary China: The confrontational politics of a green NGO’s legal mobilization." China Information 32, no. 2 (December 4, 2017): 224–43. http://dx.doi.org/10.1177/0920203x17744545.
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Recent legal reforms in China, particularly amendments in 2014 to the Environmental Protection Law, have encouraged environmental non-governmental organizations (ENGOs) to embrace legal strategies in their advocacy. However, the wider significance of such strategies remains understudied and underestimated. This article examines one such example in Xiamen, Fujian Province, where an ENGO, incensed by the conversion of walkways into parking spaces, led the first administrative lawsuit in the name of ‘pedestrians’ rights’ (行人路权) in China in early 2015. Based on digital ethnography and participant observation, the case illustrates three salient points: first, legal mobilization is conflict-laden and confrontational; second, depoliticized legal actions belie the development of popular critical consciousness; and third, professional ties have become more instrumental than connections with state officials. The net result is then an embedded activism that evinces disembedding tensions. This questions conventional expectations over Chinese environmental activism, that it is non-confrontational and overdependent on personal relations with local officials. In addition to elucidating the disembedding processes and experiences absent in previous ENGO literature, this exploratory research offers a snapshot of lawful activism among environmentalists, illustrating the wider opportunities and challenges accompanying ‘the turn to law’.
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Brown, Elizabeth M., Todd Rogers, Matthew E. Eggers, Michelle L. Cavazos, Maureen S. O’Brien, Tarsha McCrae, Shannon M. Farley, and Kevin R. J. Schroth. "Implementation of the New York City Policy Restricting Sales of Flavored Non-Cigarette Tobacco Products." Health Education & Behavior 46, no. 5 (June 6, 2019): 782–89. http://dx.doi.org/10.1177/1090198119853608.
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Flavored tobacco products appeal to youth, and jurisdictions have implemented policy interventions to reduce youth tobacco initiation. This study reviews the process, challenges, and compliance monitoring of a flavored tobacco sales restriction. New York City (NYC) passed a policy restricting the sale of flavored non-cigarette tobacco products in 2009. To describe the policy’s passage, legal defense, implementation, and enforcement, we conducted stakeholder interviews, reviewed legislative and legal records, and analyzed administrative data on retailer inspections and violations. Extensive public and policy maker education efforts preceded this policy. Barriers included opposition to the policy’s passage and a tobacco manufacturer’s lawsuit that sought to halt the law’s implementation and to establish that NYC lacked the authority to restrict the sale of flavored products. The city implemented the flavored tobacco policy as intended and it withstood legal challenges. NYC integrated enforcement into the city’s retailer compliance monitoring infrastructure, and the violation rate is low. Our investigation of NYC’s experience with flavored tobacco policy implementation and enforcement can provide policy makers and health professionals with insights relevant to policy implementation, expand understanding of the potential impact of these kinds of policies, and inform compliance monitoring efforts.
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Noor Rahmah, Aulya, Muhammad Rasyid Ridha, and Nurul Kamriani. "THE IMPACT OF JOB CREATION ACT AGAINST THE PARTICIPATORY PRINCIPLE IN ENVIRONMENTAL LAW." International Journal of Law, Environment, and Natural Resources 1, no. 1 (April 28, 2021): 22–28. http://dx.doi.org/10.51749/injurlens.v1i1.3.
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The enactment of Act 11/2020 on Job Creation in October 2020, resulted in several changes in laws and regulations. One of the crucial articles that were abolished by the Job Creation Act was Article 93 of the Environmental Act (UUPPLH) which regulates rights to file a lawsuit at the Administrative Court, this is contrary to the private law. Also based on Article 2 of the Environmental Act states that environmental protection and management is carried out based on the principle of Participation. This research focuses on the impacts of eliminating Article 93 of the Environmental Act by the Job Creation Act specifically on the principle of Participation. The method used in this research is normative legal research conducted with qualitative analysis. The result is that the elimination of Article 93 of the Environmental Act by Article 21 and Article 22 of the Job Creation Act is contrary to the Participatory Principle contained in Article 2 letter k and Article 70 of the UUPPLH. The abolition of Article 93 of the UUPPLH also causes the judicial power to be unable to exercise the principle of checks and balances.
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Machado, Guilherme Pavan, and José Carlos Kraemer Bortoloti. "O ENTENDIMENTO JURISPRUDENCIAL DO TRIBUNAL DE JUSTIÇA DO RIO GRANDE DO SUL SOBRE O FORNECIMENTO JUDICIAL DE MEDICAMENTOS - DOI: http://dx.doi.org/10.5216/rfd.v41i2.48014." Revista da Faculdade de Direito da UFG 41, no. 2 (December 7, 2017): 69. http://dx.doi.org/10.5216/rfd.v41i2.48014.
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Resumo: A crescente Judicialização chama atenção ao passo que denuncia a inefetividade das políticas públicas, bem como impacta no entendimento do tribunal referente à demanda judicial pleiteada. Indubitavelmente, o direito fundamental à saúde é objeto de um contingente considerável da Judicialização, muito em razão do préstimo deficiente das instituições. Sabe-se que o direito à saúde tem previsão constitucional e infraconstitucional, atribuindo a responsabilidade ao Estado para sua realização por meio de políticas públicas e programas de governo. Contudo, a via administrativa-executiva estatal encontra dificuldades na efetividade desse direito a todos os indivíduos, na verdade não atende satisfatoriamente a população. Diante desse cenário, a alternativa subsidiária torna-se a Judicialização da pretensão, ou seja, o cidadão, objetivando a tutela do seu pleito à saúde busca-o na prestação jurisdicional. Nesse sentido, o presente trabalho tem como objetivo delinear o direito fundamental à saúde no entendimento do Tribunal de Justiça do Estado do Rio Grande do Sul, especificamente nas demandas de pleito de medicamentos. Por meio da pesquisa qualitativa técnica de revisão bibliográfica e do estudo de julgados no TJRS, utilizando do método fenomenológico-hermenêutico, buscar-se-á delinear o entendimento do referido tribunal, em grau de apelação, referente ao fornecimento judicial de fármacos pelo Estado, como forma de compreender quais são as variantes que direcionam o (não) deferimento da pretensão judicial do indivíduo e como o direito à saúde se apresenta neste cenário jurisprudencial.Abstract: The increasing judicialization calls attention to the step that denounces the ineffectiveness of public policies, as well as impacts on the court's understanding regarding the lawsuit filed. Undoubtedly, the fundamental right to health is the subject of a considerable contingent of judicialization, largely because of the inadequate facilities of the institutions. It is known that the right to health has constitutional and infraconstitutional foresight, assigning responsibility to the State for its fulfillment through public policies and government programs. However, the state administrative-administrative route finds difficulties in the effectiveness of this right for all individuals, in fact does not satisfactorily serve the population. In view of this scenario, the alternative alternative becomes the judicialization of the claim, that is, the citizen, aiming to protect his claim to health seeking it in the jurisdictional provision. In this sense, the present work aims to outline the fundamental right to health in the understanding of the Court of Justice of the State of Rio Grande do Sul, specifically in the lawsuits for drug litigation. Through the qualitative technical research of bibliographic review and the study of judgments in the TJRS, using the phenomenological-hermeneutic method, it will be sought to delineate the understanding of said court, in degree of appeal, regarding the judicial supply of drugs by the State, as a way of understanding which are the variants that direct the (non) deferment of the judicial claim of the individual and how the right to health presents itself in this jurisprudential scenario.
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Morrow Sr, Paul J. "Assessing Multinational Global Cyber Business Risk Of Cyberattacks – Minimizing The Risk Of Loss Due To Wrongful Jurisdiction." Journal of Cybersecurity Research (JCR) 2, no. 1 (May 17, 2017): 5–12. http://dx.doi.org/10.19030/jcr.v2i1.9961.
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In Cyberspace, more and more, corporations with global holdings are seeking excellence in business around the world mostly by Internet. In order to do business, several legal and economic developments must be explored to assess the risks and practicalities involving the new legal issues created by cyberspace. Compliance officers, because of their responsibilities to develop cybersecurity plans, need to understand the personal jurisdictional effects test and the subject matter test to assess risk of loss. Jurisdiction as to what court or what administrative agency has authority to decide a particular case is critical to the success of a recovering party filing a lawsuit seeking damages for a cyberattack. The jurisdictional nuances analyzed in this paper offer a gradual development of the leading court and administrative cases for guidance on the issues. This paper is worth your time because: 1) it examines the inconsistent and obscure legal standards for jurisdiction in cyber space including cyberattacks, 2) it shows the places and methods used by both the Federal Trade Commission and the Courts having jurisdiction over cyberattack litigation, 3) it gives the recommendations for U.S. and international corporations on the subject of cyber jurisdiction. All of this is supported by current case law and journal articles involving cybersecurity to help minimize the mistakes that I have observed in the practice saving time and money. This is a new technology area of inquiry facing many corporate legal departments, and IT managers today. So, this paper involves the legal/business research necessary to give guidance regarding the jurisdictional boundaries of cyberattack litigation and ways to substantially reduce the risk of loss.
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Peraladov, Andrey, and Alexander Lichman. "The Law of Neighboring Tenements: "The Wrong Sort of Honey"." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, no. 1 (May 12, 2020): 78–87. http://dx.doi.org/10.21603/2542-1840-2020-4-1-78-87.
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The present research featured the legal nature of the negatory action as one of the common ways to protect the rights of a real estate owner. The article focuses on the ground of this action and the fact in proof in property rights protection cases not related to dispossession. The authors drew a parallel between the negatory action and the prohibitory action which prohibits offensive activities or hazards of injury infliction. In spite of the fact that the prohibitory action used to be associated with the nugatory one, they demand different kinds of actual statutory regulation and law enforcement. The authors agree that the lawsuit on the prohibition of activities, as provided for by Article 1065 of the Civil Code of the Russian Federation, stems from a tort, and is not a proprietary method of defense of rights. In the Russian civil law, the law of neighboring tenements remains underdeveloped, as does the defense of rights of the real estate owner from their neighbors. The authors believe that it is wrong to justify the negatory action by administrative law as this violates the rules for overcoming conflicts of legal regulation, shifting the burden of proof, and deviating from the standards of adversarial and equal rights of the parties in the civil process.