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1
Stevens, Philip. "RECENT DEVELOPMENTS IN SEXUAL OFFENCES AGAINST CHILDREN – A CONSTITUTIONAL PERSPECTIVE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 26, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a724.
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This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The latter is addressed against the backdrop of the Constitutional Court judgments in Teddybear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR) 327 (CC) and J v National Director of Public Prosecutions 2014 (2) SACR (CC). These two judgments had a profound impact in terms of shaping newly formulated sexual offences in line with constitutional principles ultimately culminating in the enactment and commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015. The approach by the Constitutional Court in both of the abovementioned judgments is discussed and assessed. An analysis is provided of the Amendment Act with specific reference to its impact on sexual offences against children.
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Siagian, Faisal Fahmi, and Jamilah Jamilah. "Tinjauan Yuridis Terhadap Alasan Penerbitan Peraturan Pemerintah Pengganti Undang Undang Nomor 1 Tahun 2014 Tentang Pemilihan Kepala Daerah." JUNCTO: Jurnal Ilmiah Hukum 2, no. 1 (July 6, 2020): 78–86. http://dx.doi.org/10.31289/juncto.v2i1.238.
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Government Regulation in Lieu of Law (Perpu) is one type of statutory regulation that must exist in the legal system of the Republic of Indonesia as one of the logical consequences of adopting a presidential system in the government of the Republic of Indonesia whose existence is always maintained throughout the Indonesian constitution. This type of research is normative juridical research and is descriptive qualitative in nature. Data collection methods are library research and field study. The affirmation of the benchmarks of the establishment of the Government Regulation in lieu of this Act has a fundamental difference regarding the urgency of the law according to the 1945 Constitution prior to the amendment to the 1945 Constitution which is currently in force as the result of the 4th amendment. After the reformation, there have been 2 (two) laws governing regional autonomy, especially with regard to regional head elections, namely Law Number 22 of 1999, which was then replaced by Law Number 32 of 2004. The issuance of Perpu Number 1 of 2014 which is a Amendments to Law No. 32/2004 were first proposed for amendments by the Government in this matter proposed by the Minister of the Interior.
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Schwikkard, PJ. "Rape: An unreasonable belief in consent should not be a defence." South African Journal of Criminal Justice 34, no. 1 (2021): 76–102. http://dx.doi.org/10.47348/sacj/v34/i1a4.
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Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 defines rape in the following terms: ‘Any person (‘A’) who unlawfully and intentionally, commits an act of sexual penetration with a complainant (‘B’), without the consent of B, is guilty of the offence of rape.’ This paper focuses on one component of the definition, namely fault. It is argued that a mistaken but unreasonable belief in consent should not be recognised as a defence and that a normative approach could soften the focus on the behaviour of the complainant and send a clear signal that our commitment to constitutional values requires us to take due care in our interactions with others. The argument is made with full awareness that law reform is a very small cog in addressing the scourge of rape.
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Kruger, Hester B., and Hennie Oosthuizen. "South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 282. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2466.
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Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.
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Syahwalan, Muhammad. "MEKANISME PEMBERHENTIAN KEPALA DAERAH DAN/ATAU WAKIL KEPALA DAERAH MENURUT UNDANG-UNDANG TENTANG PEMERINTAHAN DAERAH TAHUN 1974-2014." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 3, no. 1 (July 1, 2018): 107. http://dx.doi.org/10.29300/imr.v3i1.2145.
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Abstract: The problems of Regional autonomy with a centralistic tendency is incarnated in the mechanism of dismissal of regional heads according to Act No. 32 of 2004. A new regional government law has emerged, namely Act No. 9 of 2015 concerning the Second amendment of Act No. 23 of 2014 about Regional Government. This research is a type of normative juridical research with primary sources of regional government laws. The results of the study show that the dismissal of regional heads and/or deputy regional heads is carried out by the DPRD leadership to the President. This proposal is obtained from a series of supervisory processes. If the DPRD leadership is not able to carry out this task, the proposal will be made by the Minister of Home Affairs. The political nuance of each law issued above has an influence on the flexibility of legal ideals to create autonomous regions. The freedom of the region to take care of its own region independently slowly reaches its way until the Act No. 23 of 2014 has been fairly proper in representing the ideals of the region to become more independent and carry out the broadest autonomy in accordance with the constitutional mandate. Keywords: Impeachment Mechanism, Regional Head, Regional Government.
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Yusyanti, Diana. "ASPEK PERIZINAN DIBIDANG HUKUM PERTAMBANGAN MINERAL DAN BATUBARA PADA ERA OTONOMI DAERAH (Permit Aspects Of In The Legal Field Of Mineral And Coal Mining In The Era Of Regional Autonomy)." Jurnal Penelitian Hukum De Jure 16, no. 3 (February 9, 2017): 309. http://dx.doi.org/10.30641/dejure.2016.v16.309-321.
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Kegiatan industri pertambangan batubara selain mempunyai dampak positif karena dapat dapat memenuhi kebutuhan hidup masyarakat dan mendatangkan hasil yang cukup besar sebagai sumber devisa, tetapi sisis lain mempunyai dampak negatif yaitu dengan banyaknya perijinan yang dikeluarkan maka mengakibatkan terjadinya kerusakan hutan dan pencemaran lingkungan sehingga mengganggu kesehatan masyarakat sekitarnya. Dengan banyaknya izin yang dikeluarkan oleh kepala daerah untuk kegiatan usaha pertambangan batubara, maka pengawasan menjadi kurang sehingga penegakan hukum menjadi lemah. Dalam aspek perizinan dibidang pertambangan mineral dan batubara pada era otonomi daerah dengan terbitnya Undang-Undang Nomor 11 Tahun 1967 yang awalnya bersifat sentralistik kemudian sejak diterbitkannya Undang-Undang Nomor 22 Tahun 1999 dan diperbaharui dengan Undang-Undang Nomor 32 Tahun 2004 menjadi bersifat desentralistik sehingga aspek perizinan di bidang pertambangan menjadi tumpang tindih antara kewenangan menteri dan kewenangan bupati seperti kewenangan yang bersifat desentralisasik melalui Undang-undang Nomor 22 Tahun 1999 tersebut, ditarik kembali menjadi sentralistik melalui Undang-undang Nomor 23 Tahun 2014 sehingga terjadi tarik menarik kepentingan untuk mengamandemen undang Nomor 23 Tahun 2014 tentang mineral dan batubara tersebut.AbstractCoal mining industry activities have positive and negative impacts, the first, it can satisfy society life necessities and come to a huge advantage as foreign exchange, and then the latter, by issuing of area utilization operation permits will cause deforestation and environmental pollution that damage the health of the surrounding community. Many permits of coal mining activities have been issued by local leaders that bring about controlling function to become not optimal so it will influence into the law enforcement get worse. In permit aspects of mineral and coal mining in the era of regional autonomy by stipulated the Act Number 11, Year 1967, initially it was centralisation then by issued the Act Number 22 Year 1999 and refurbished with the Act Number 32 Year 2004 turned into decentralisation so that the permit aspects in mining become overlapping authority between ministry and regent such as decentralized authority through the Act Number 23 Year 2014 so ,it becomes conflict of interest to amendment the Act.
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Nata, M. Nasir. "PENGANGKATAN SEKRETARIS DESA MENJADI PEGAWAI NEGERI SIPIL DALAM PERSPEKTIF PERATURAN PEMERINTAH NOMOR 78 TAHUN 2013." DiH: Jurnal Ilmu Hukum 12, no. 24 (August 1, 2016): 83–92. http://dx.doi.org/10.30996/dih.v12i24.2239.
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Since the enactment of the Act Number 32 of the Year 2004 regarding Regional Government, especially after the enactment of the Government Regulation Number 48 of the Year 2005 regarding the Appointment of the Honorary Employees to become the candidates of civil servants, the implementation of village administration began to be problematic. This problem is caused by the demands of the Village Head and Village Secretary for equal rights to be equalized with the Civil Servants. This demand implicates the birth of the Government Regulation Number 45 of the Year 2007 on the Requirements and Procedures for the Appointment of a Village Secretary to be a Civil Servant, and theoretically this regulation contradicts the Government Regulation Number 78 of the Year 2013 on the Second Amendment of the Government Regulation Number 98 of the Year 2000 on the Procurement of Civil Servants. Based on the background of this study, the problems are formulated as follows: 1) What is the ratio legis of the appointment of the Village Secretary to be a civil servant in the perspective of the Government Regulation Number 78 of the Year 2013, and 2) What is the reason of the appointment of the Village Secretary to be a civil servant? The formulation of this problem aims to analyze and to find the ratio of legis and the ratio decidendi of the appointment of the Village Secretary to be a Civil Servant in the perspective of the Government Regulation Number 78 of the Year 2013. Problem analysis of this study indicates that the ratio legis of the appointment of the Village Secretary to be a civil servant is based on the reason that government has an authority to appoint a civil servant, while the reason of the appointment of the Village Secretary to become a civil servant is that it is in accordance with justice principle and legal certainty, that is to satisfy the sense of justice in the society. In order not to cause multiple interpretations, the appointment of civil servants in all sectors should be based on common ground regulation, and the Secretary of the Village should indeed be appointed from the element of civil servants.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (November 14, 2014): 0. http://dx.doi.org/10.17159/1727-3781/2014/v17i6a618.
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EditorialThis voluminous issue consists of 13 articles and 8 notes dealing with various legal topics in South Africa and abroad. The articles commences with Ig Rautenbach’s discussion of the ever-elusive concept of proportionality in the light of the text of the South African Constitution. Mmaphuti Tuba analyses the different approaches adopted for the regulation of payment systems in a variety of legislative instruments by the European Union. Phoebe Boltondeals with the thorny issue of public tenders and the extent to which bidders must comply with tender specifications and conditions. Leentjie de Jong examines present-day family arbitration and the problems experienced with it. Daleen Millard and Birgit Kuschke evaluate the insurer’s pre-contractual duties in the light of the transparency principle in insurance law. Karin Calitz deals with the question if a church can be held liable for the sexual assault of children by a priest, when the victims claim as adults, many years after the events took place. The entitlement of a non-member spouse to the member’s pension forms the focus point of Clement Marumoagae’scontribution. Mitzi Wiese reflects on the correctness of the classification of liens into enrichment and contractual liens. Frans Viljoen and Nicholas Orago analyses the importance and implications of the individual communications procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) and details some of the reasons why it would be beneficial for South Africa to accede thereto. The interplay between international law and labour law in South Africa in the context of diplomatic immunity is investigated byEzette Gericke. Cornelius Kilian and Elizabeth Snyman-Van Deventer consider section 75 in the Companies Act of 1973 (or its equivalent, section 36(2) in the Companies Act of 2008) and the topic of statutory approval for an artificial decrease or increase in the number of issued shares. Annelie Laas and Trynie Boezaart give a critical analysis of the legal measures available to curb bullying in schools. Further afield, Mtendeweka Mhango discusses the development and current status of the political question doctrine in Ghana.The first note by Roger Evans and Lienne Steyn deliberate on the seemingly contradictory outcomes of three high court judgments regarding the question of ownership of property which vests in the master of the high court by virtue of the Insolvency Act 24 of 1936. Philip Stevens also discusses recent judgments pronouncing on the entering of the particulars of child sex offenders into the register for sex offenders as enunciated in Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Sieg Eiselen illustrates how the Department of Trade and Industry’s proposed amendment to the definition of “electronic signature” would undermine the key principles of functional equivalence, media neutrality and party autonomy. Luanda Hawthorne deliberates on the element of exploitation in bargaining relationships between contractual parties, as highlighted in Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 5 SA 205 (WCC). Anneliese Roos and Magda Slabbert discuss the case of Isparta v Richter 2013 6 SA 4529 (GP), which dealt with defamation in the social media on the Facebook platform. Rowena Bernard considers the case of Department of Correctional Services v Police and Prison Civil Rights Union (POPCRU) 2011 32 ILJ 2629 (LAC), where the employer's application of rules relating to the dress code of employees impacted on the religious beliefs and practices of five of the staff members. Nico Buitendag and Karin van Marle reflect on Afriforum v Malema 2011 6 SA 240 (EqC), which drew considerable attention in the media and in the public discourse. In the last contribution, James Linscott analyses F v Minister of Safety and Security 2012 1 SA 536 (CC), which dealt with the “standard” test for vicarious liability.EditorChrista Rautenbach
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Putri Indah Pratiwi, Luh Putu. "LEGAL POLICY REGARDING REMISSION OF CRIMINALS." Ganesha Civic Education Journal 2, no. 1 (April 12, 2020): 38–45. http://dx.doi.org/10.23887/gancej.v2i1.93.
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This study was conducted aiming to find out how the implementation of remission rights for convicts of criminal acts of corruption in Indonesia and how the process of granting remissions against convicts of criminal acts of corruption when viewed from the perspective of Law Number. 20/2001 concerning eradicating Corruption. The research method used in writing this article is normative research that is examining by looking at the law as a norm. First, remission is still a right of convicts to a criminal act of corruption that has fulfilled the specified conditions of good behavior and has been serving a criminal sentence for more than 6 (six) months, but its implementation has been tightened to fulfill the community's sense of justice in accordance with article 34 of Government Regulation Number 99/2012 concerning Second Amendment to Government Regulation Number 32/1999 concerning the Requirements and Procedures for the Implementation of the Rights of Citizens' Guided Prisoners. Second, granting remission to corruption convicts if it is related to Law 20/2001 concerning Eradication of Corruption, the regulation of granting remission to corruption convicts must be reviewed according to the extent of losses incurred due to corruption committed by convicts to further enhance a sense of justice in Public.
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Suriyani, Meta. "Pertentangan Asas Perundang-undangan dalam Pengaturan Larangan Mobilisasi Anak pada Kampanye Pemilu." Jurnal Konstitusi 13, no. 3 (November 22, 2016): 657. http://dx.doi.org/10.31078/jk1339.
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Article 32 paragraph (1) letter k Election Commission Regulation No. 15 Year 2013 describes implementers, participants, and officials are prohibited from mobilizing campaigns Indonesian citizens who do not meet syarats as Voters. However, Law No. 8 of 2012 on General Election of DPR, DPD and DPRD itself, does not expressly prohibit the mobilization of Indonesian citizens who do not yet qualify as a selector or exploitation of children in political activities, including campaign. So that the Commission regulation violates the hierarchy of legislation that is in of commencement shall contrary to the Law on Election of Members of Legislative as higher regulations. Therefore, it is also not in line with Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. Mobilization of children in the activities of the election campaign is the deprivation of the rights of the child. Intentionally or unintentionally, the actual implementers, participants, and campaign officers have done wrong treatment (exploitation) by mobilizing children who do not qualify as voters in political activities in the activities of the election campaign for the DPR, DPD and DPRD held at central and regional levels occur in almost all parts of Indonesia.
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Patry, Christian, Simon Kranig, Neysan Rafat, Thomas Schaible, Burkhard Toenshoff, Georg F. Hoffmann, and Markus Ries. "Cross-sectional analysis on publication status and age representation of clinical studies addressing mechanical ventilation and ventilator-induced lung injury in infants and children." BMJ Open 8, no. 11 (November 2018): e023524. http://dx.doi.org/10.1136/bmjopen-2018-023524.
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ObjectivesWe determined the number and time-to-public availability of study results of published and unpublished clinical studies in paediatric mechanical ventilation (MV) and ventilator-induced lung injury (VILI), which were registered as completed on ClinicalTrials.gov. Furthermore, we explored the pattern of represented research study subtopics and the corresponding study populations.SettingLiterature search based on ClinicalTrials.gov, PubMed and Google Scholar from 9 July 2017 to 27 September 2017.Primary and secondary outcome measuresAssessment, if studies included in our analysis had been published. Assessment of primary research focus, patient enrolment and age representation of the analysed studies.ResultsWe identified n=109 registered and completed clinical studies on paediatric MV and VILI (enrolment: 22 233 participants). 71% were published, including data from 18 647 subjects. 29% of studies were unpublished, containing data from 3586 subjects. Median time-to-public availability of study results was 22 (IQR, 12.8–41.5) months. The most important study subtopics were biophysical and technical aspects of MV (32 studies), administration of drugs to mitigate VILI through various mechanisms (40 studies) and diagnostic procedures (16 studies). n=66/109 (61%) studies exclusively focused on children below 1 year of age and n=2/109 (2%) exclusively on children between 1 and 14 years.ConclusionsOne-third of clinical studies in paediatric MV and VILI registered as completed on ClinicalTrials.gov remained unpublished and contained data on 3586 study participants. The overall median time-to-public availability of study results was longer than the deadline of 12 months mandated by the Food and Drug Administration Amendment Act of 2007. Important and clinically relevant research study subtopics were represented in the research questions investigated in paediatric MV and VILI. The study population was skewed towards children younger than 1 year which indicates, that there is a substantial need for clinical VILI research in older children.
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Nguyen, Thi-Anh-Hoa, Agnes Dechartres, Soraya Belgherbi, and Philippe Ravaud. "Public Availability of Results of Trials Assessing Cancer Drugs in the United States." Journal of Clinical Oncology 31, no. 24 (August 20, 2013): 2998–3003. http://dx.doi.org/10.1200/jco.2012.46.9577.
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Purpose To evaluate to what extent results of completed trials of cancer drugs conducted in the United States are publicly available at ClinicalTrials.gov, as required by the Food and Drug Administration Amendments Act (FDAAA), or are published in journals. Methods We searched ClinicalTrials.gov for cancer trials governed by the FDAAA: phase II to IV trials assessing drugs in the United States with a primary completion date between December 26, 2007, and May 31, 2010. For each trial, we also searched PubMed to identify the publication of results. We assessed the cumulative percentages of posted or published results over time by using the Kaplan-Meier method. Results We identified 646 trials, including 209 randomized controlled trials (RCTs). At 12 months after completion of the trials, the cumulative percentages of trials with results posted at ClinicalTrials.gov, published in journals, and available either at ClinicalTrials.gov or in journals were 9% (95% CI, 7% to 11%), 12% (95% CI, 10% to 15%), and 20% (95% CI, 17% to 23%), respectively, and for RCTs, the percentages were 12% (95% CI, 8% to 16%), 5% (95% CI, 2% to 8%), and 17% (95% CI, 12% to 22%), respectively. At 36 months, these percentages were 31% (95% CI, 28% to 35%), 35% (95% CI, 31% to 39%), and 55% (95% CI, 51% to 59%), respectively, and for RCTs, they were 38% (95% CI, 31% to 45%), 32% (95% CI, 25% to 39%), and 56% (95% CI, 48% to 62%), respectively. Public availability of phase III trials was 15% (95% CI, 7% to 23%) at 12 months, 39% (95% CI, 27% to 49%) at 24 months, and 64% (95% CI, 50% to 73%) at 36 months. Conclusion Despite the FDAAA, results for nearly half the trials of cancer drugs in the United States were not publicly available 3 years after completion of the trials.
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Trevathan, Sophie, and Lynne Briggs. "Will prohibiting the use of physical punishment reduce child abuse deaths among New Zealand children?" Aotearoa New Zealand Social Work 21, no. 1-2 (July 17, 2017): 11–21. http://dx.doi.org/10.11157/anzswj-vol21iss1-2id309.
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The Amendment Act (Crimes (Substituted Section 59) Amendment Act, 2007) came into force on 22 June 2007. The changes in the Act amended the right of parents to use force by way of correction toward a child. The purpose of this amendment was to provide children with a safer and more secure environment to live in that is free from violence. Such a move also has the potential to provide a clearer mandate for social workers in regard to issues of child safety. While planned, reviews to determine how effective the amendment has been have not yet been undertaken.This paper presents some key findings from a larger study exploring the issue of child abuse deaths in New Zealand. In doing so a comparison of legislation and policy between New Zealand and Sweden is presented. Sweden was used as the main focus for this comparison as it introduced a ban on use of corporal punishment of children in 1979.
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Crofts, Penny. "Sex in the Dark: The Brothels Legislation Amendment Act 2007 (NSW)." Current Issues in Criminal Justice 19, no. 2 (November 2007): 183–96. http://dx.doi.org/10.1080/10345329.2007.12036425.
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Yang, Chung-Cheng, Jianxiong Chen, and Wen-Chi Yang. "The Impact of the Amendment of Taiwan’s Certified Public Accountant Act in 2007 on Large Accounting Firms." Sustainability 13, no. 3 (January 25, 2021): 1229. http://dx.doi.org/10.3390/su13031229.
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Taiwan’s Financial Supervisory Commission of the Executive Yuan promulgated the fully amended Certified Public Accountant Act in 2007, which directly led to significant changes in accounting law. From the perspective of the economic theory of law, this study investigates the amendment of the Certified Public Accountant Act resulting in an increase or decrease in the overall revenue and different revenue shares of accounting firms, and puts forward measures that should be taken by accounting firms and stakeholders. We focus on large accounting firms and divide the sample period into before and after 2008. This study uses the translog revenue function and revenue share functions of the public accounting industry, and based on the 1989–2017 Survey Report of Audit Firms in Taiwan, and we find that the amendment of the Certified Public Accountant Act has had a positive effect on overall revenue, increasing overall revenue and the overall management advisory services shares, and in reducing the overall accounting and auditing shares and tax services shares of large accounting firms. Additional analyses provide regulators with public policy implications and provide accounting firms with managerial information.
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Simmonds, Peter G., Matthew Rigby, Archie McCulloch, Simon O'Doherty, Dickon Young, Jens Mühle, Paul B. Krummel, et al. "Changing trends and emissions of hydrochlorofluorocarbons (HCFCs) and their hydrofluorocarbon (HFCs) replacements." Atmospheric Chemistry and Physics 17, no. 7 (April 10, 2017): 4641–55. http://dx.doi.org/10.5194/acp-17-4641-2017.
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Abstract. High-frequency, in situ global observations of HCFC-22 (CHClF2), HCFC-141b (CH3CCl2F), HCFC-142b (CH3CClF2) and HCFC-124 (CHClFCF3) and their main HFC replacements, HFC-134a (CH2FCF3), HFC-125 (CHF2CF3), HFC-143a (CH3CF3) and HFC-32 (CH2F2), have been used to determine their changing global growth rates and emissions in response to the Montreal Protocol and its recent amendments. Global mean mole fractions of HCFC-22, -141b, and -142b have increased throughout the observation period, reaching 234, 24.3 and 22.4 pmol mol−1, respectively, in 2015. HCFC-124 reached a maximum global mean mole fraction of 1.48 pmol mol−1 in 2007 and has since declined by 23 % to 1.14 pmol mol−1 in 2015. The HFCs all show increasing global mean mole fractions. In 2015 the global mean mole fractions (pmol mol−1) were 83.3 (HFC-134a), 18.4 (HFC-125), 17.7 (HFC-143a) and 10.5 (HFC-32). The 2007 adjustment to the Montreal Protocol required the accelerated phase-out of emissive uses of HCFCs with global production and consumption capped in 2013 to mitigate their environmental impact as both ozone-depleting substances and important greenhouse gases. We find that this change has coincided with a stabilisation, or moderate reduction, in global emissions of the four HCFCs with aggregated global emissions in 2015 of 449 ± 75 Gg yr−1, in CO2 equivalent units (CO2 eq.) 0.76 ± 0.1 Gt yr−1, compared with 483 ± 70 Gg yr−1 (0.82 ± 0.1 Gt yr−1 CO2 eq.) in 2010 (uncertainties are 1σ throughout this paper). About 79 % of the total HCFC atmospheric burden in 2015 is HCFC-22, where global emissions appear to have been relatively similar since 2011, in spite of the 2013 cap on emissive uses. We attribute this to a probable increase in production and consumption of HCFC-22 in Montreal Protocol Article 5 (developing) countries and the continuing release of HCFC-22 from the large banks which dominate HCFC global emissions. Conversely, the four HFCs all show increasing mole fraction growth rates with aggregated global HFC emissions of 327 ± 70 Gg yr−1 (0.65 ± 0.12 Gt yr−1 CO2 eq.) in 2015 compared to 240 ± 50 Gg yr−1 (0.47 ± 0.08 Gt yr−1 CO2 eq.) in 2010. We also note that emissions of HFC-125 and HFC-32 appear to have increased more rapidly averaged over the 5-year period 2011–2015, compared to 2006–2010. As noted by Lunt et al. (2015) this may reflect a change to refrigerant blends, such as R-410A, which contain HFC-32 and -125 as a 50 : 50 blend.
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Korycińska-Rządca, Paulina. "Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 247–64. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.12.
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The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the Amendment Act of 2015. Its purpose is to verify whether the new Polish model may be deemed as an appropriate and effective means of preventing the continued use of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The paper analyses the legal rules on the new model of abstract control of standard forms of agreements concluded with consumers (the administrative proceedings model) and compares the new model with its predecessor (the court proceedings model). The paper does not cover the remaining changes introduced into the Polish Competition Act of 2007 by the Amendment Act of 2015, which are not connected to abstract control of standard forms of agreements concluded with consumers.
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B, Anjana, Naga Gouri T, Pramod Kumar T M, and Venkatesh M P. "MDUFA and its Impact on Medical Device Sector." International Journal of Research in Pharmaceutical Sciences 11, no. 2 (April 26, 2020): 2109–16. http://dx.doi.org/10.26452/ijrps.v11i2.2157.
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The U.S. Congress passed Medical Device User Fee Act (MDUFA), where FDA is required to assign and collect fees from manufacturers of medical devices to evaluate the functioning and the usage of the device. for the purpose of fastening the analysis of the application of the drug. The Medical Device User Fee Modernization Act was first adopted in 2002. The act focussed on innovative review process and reviewing capabilities of experts. Every five years, MDUFA comes up with reauthorisation. The act was reauthorized in 2007 by reducing the application fee and introducing certain new fees such as the annual product fee and annual establishment fee which helped in pre-market evaluation. Few issues being raised in MDUFA II led the congress to enact an amendment. The next revision of the act made the review process more efficient and interactive with the applicant to meet the timelines. Recent amendment has set up several new performance goals and proposes certain changes to the previous amendments. The device manufacturers are currently in a position to receive regulatory approval in a short time compared to the pre-MDUFA period. MDUFA has helped in improving the patient health by streamlining the FDA’s approval process for application of new medical device, thereby allowing patient’s quicker access to potentially life changing therapies.
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Edwards, Susan. "MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004)." Denning Law Journal 18, no. 1 (November 23, 2012): 243–60. http://dx.doi.org/10.5750/dlj.v18i1.318.
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In 2004, the government introduced the Domestic Violence, Crime and Victims Act (DVCVA). Baroness Scotland, in opening the Bill’s second reading in the House of Lords, said: “The Bill represents the most radical overhaul of domestic violence legislation in 30 years. It reflects the fact that domestic violence is unacceptable, that victims must be protected and offenders punished.”In broad terms, protection for victims is provided by introducing amendments to existing civil and criminal offences including extending police powers in making, both common assault and a breach of a non-molestation order, arrestable offences (section 10 and section 1); offering protection to a wider range of persons by including same-sex couples in the meaning of “cohabitants" (by amending Part 4 Family Law Act (FLA) 1996); including in the definition of “associated persons” same-sex couples (by amending Part 4 FLA), and perhaps of the greatest significance creating an entirely new homicide offence of “causing or allowing the death of a child or vulnerable adult” (section 5). There are several provisions intended to empower victims of domestic violence by allowing them a greater participation in the justice process, including the right to make representation in court (sections 35-46) and by providing additional support in the form of a Victim’s Code, although the remit of this code of practice is still yet to be determined (section 32). Finally, there is also a provision, which establishes independent investigations of domestic homicides termed “domestic homicide reviews” (section 9). This commentary considers to what extent the new legislation will assist in the protection of victims of domestic violence.
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S.H., M.HUM, Suwardi, Rossa ILMA SILFIAH, and Heru KUSWANTO. "Public Policy on Safety and Security Railroad System in Indonesia." PRIZREN SOCIAL SCIENCE JOURNAL 3, no. 2 (August 24, 2019): 67. http://dx.doi.org/10.32936/pssj.v3i2.100.
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Implementation of the new law on railways are yet to be seen due to government regulation as executors being discussed. Government regulations mandated by Law No. 23, 2007 set as fast as 1 (one) year from the entry into force of the Act. Nevertheless in his closing conditions stated that at the time the Act came into force. All the implementing regulations of Law No. 13 1992 declared still valid this does not contradict or replaced under the Act contained in Law No. 23 of 2007 in line with the implementation of regional autonomy and decentralization intended by the Act No. 32 of 2004 on Regional Government and Government Regulation No. 38 2007 on delegation of authority from central to local governments.
The quality of rail services, especially in economy class lately felt worse. Headway uncertain security condition, and the level of safety continues to decline. Train accident rate continues to rise, where in 2007 there were 116 accidents, an increase from the 2006 total of 107 times. More than 90% of accidents that occurred in 2007 caused by a Train derailment or overturned (Directorate of Railways, 2008).
Key words: Policy, Safety, Railway, Passengers.
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Howard-Wagner, Deirdre. "Restoring Social Order through Tackling ‘Passive Welfare’: The Statutory Intent of theNorthern Territory National Emergency Response Act 2007 (Cth)andSocial Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth)." Current Issues in Criminal Justice 19, no. 2 (November 2007): 243–51. http://dx.doi.org/10.1080/10345329.2007.12036431.
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Barletta, B., P. Nissenson, S. Meinardi, D. Dabdub, F. Sherwood Rowland, R. A. VanCuren, J. Pederson, G. S. Diskin, and D. R. Blake. "HFC-152a and HFC-134a emission estimates and characterization of CFCs, CFC replacements, and other halogenated solvents measured during the 2008 ARCTAS campaign (CARB phase) over the South Coast Air Basin of California." Atmospheric Chemistry and Physics 11, no. 6 (March 22, 2011): 2655–69. http://dx.doi.org/10.5194/acp-11-2655-2011.
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Abstract. This work presents results from the NASA Arctic Research of the Composition of the Troposphere from Aircraft and Satellites (ARCTAS) study. Whole air samples were obtained on board research flights that flew over California during June 2008 and analyzed for selected volatile organic compounds, including several halogenated species. Samples collected over the South Coast Air Basin of California (SoCAB), which includes much of Los Angeles (LA) County, were compared with samples from inflow air masses over the Pacific Ocean. The levels of many halocarbon species were enhanced significantly over the SoCAB, including compounds regulated by the Montreal Protocol and subsequent amendments. Emissions estimates of HFC-152a (1,1-difluoroethane, CH3CHF2; 0.82 ± 0.11 Gg) and HFC-134a (1,1,1,2-tetrafluoroethane, CH2FCF3; 1.16 ± 0.22 Gg) in LA County for 2008 were obtained using the observed HFC:carbon monoxide (CO) enhancement ratio. Emission rates also were calculated for the SoCAB (1.60 ± 0.22 Gg yr−1 for HFC-152a and 2.12 ± 0.28 Gg yr−1 for HFC-134a) and then extrapolated to the United States (32 ± 4 Gg yr−1 for HFC-152a and 43 ± 6 Gg yr−1 for HFC-134a) using population data. In addition, emission rates of the two HFCs in LA County and SoCAB were calculated by a second method that utilizes air quality modeling. Emissions estimates obtained using both methods differ by less than 25% for the LA County and less than 45% for the SoCAB.
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Perry, Benjamin I., Nina Champaneri, Frances Griffiths, Moli Paul, Zoebia Islam, Jorun Rugkåsa, Tom Burns, et al. "Exploring professionals' understanding, interpretation and implementation of the ‘appropriate medical treatment test’ in the 2007 amendment of the Mental Health Act 1983." BJPsych Open 3, no. 1 (January 2017): 57–63. http://dx.doi.org/10.1192/bjpo.bp.116.003939.
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BackgroundThe appropriate medical treatment test (ATT), included in the Mental Health Act (MHA) (1983, as amended 2007), aims to ensure that detention only occurs when treatment with the purpose of alleviating a mental disorder is available.AimsAs part of the Assessing the Impact of the Mental Health Act (AMEND) project, this qualitative study aimed to assess professionals' understanding of the ATT, and its impact on clinical practice.MethodForty-one professionals from a variety of mental health subspecialties were interviewed. Interviews were coded related to project aims, and themes were generated in an inductive process.ResultsWe found that clinicians are often wholly relied upon for the ATT. Considered treatment varied depending on the patient's age rather than diagnosis. The ATT has had little impact on clinical practice.ConclusionsOur findings suggest the need to review training and support for professionals involved in MHA assessments, with better-defined roles. This may enable professionals to implement the ATT as its designers intended.
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Peart, Nicola. "New Zealand's Succession Law: Subverting Reasonable Expectations." Common Law World Review 37, no. 4 (December 2008): 356–79. http://dx.doi.org/10.1350/clwr.2008.37.4.0178.
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Succession law in New Zealand has been widely criticized for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the New Zealand Law Commission recommended radically reforming the law to give better effect to testamentary wishes subject to limitations that were coherent, principled and in line with rights and duties during a testator's lifetime. Parliament largely ignored those recommendations. Between 2001 and 2007, it reformed several statutes affecting succession law, but it did so in piecemeal fashion. Succession law was not viewed holistically and fundamental concerns about ill-defined and unprincipled limits on testamentary freedom were not addressed. The reforms were driven by conflicting policies. While the new Wills Act 2007 is intended to give better effect to testamentary wishes, that aim is frustrated by the enhanced property entitlements of surviving spouses and unmarried partners provided by the Property (Relationships) Amendment Act 2001 and Parliament's failure to curb the liberal approach to support claims under the Family Protection Act. As a result, there is now a greater likelihood than before that testamentary wishes will be undermined and reasonable expectations of testators and their beneficiaries subverted.
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Si-Yeol Pyo. "An Analysis on the District of Columbia Public Education Reform Amendment Act of 2007 Focusing on the American Educational Governance." Journal of Law of Education 21, no. 2 (December 2009): 353–74. http://dx.doi.org/10.17317/tjle.21.2.200912.353.
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Wagle, Samjhana. "Women's Representation in Bureaucracy: Reservation Policy in Nepali Civil Service." Journal of Education and Research 9, no. 2 (December 31, 2019): 27–48. http://dx.doi.org/10.3126/jer.v9i2.30461.
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This paper analyses women's representation in Nepali bureaucracy after the implementation of the reservation policy in 2007. The motivation behind the reservation was that people from marginalized and weaker section of the society should be uplifted. Moreover, representative bureaucracy refers to a bureaucracy that embodies the demographic structure of the society. Following descriptive research method, I collected data from secondary sources such as annual reports and other publications of Public Service Commission, Nepal. The amendment of Civil Service Act-1993 in 2007 with the provision of 45 per cent reservation of civil service seats for women along with indigenous community, Madhesi, Dalit, disabled people and people from backward areas has resulted in the growing number of women’s participation. The growing number of women civil servants in the recent years is expected to change the landscape of civil service in near future. Implications for public administration research and practice are discussed.
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Barrymore, Stuart, and Ann-Maree Mathison. "Carbon capture and storage—deelopments in Australia." APPEA Journal 49, no. 1 (2009): 65. http://dx.doi.org/10.1071/aj08006.
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Legal and non-legal developments in the carbon capture and storage (CCS) arena continue to gain momentum in Australia. On 22 November 2008 the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (Cth) (GGS Amendments) came into force. The GGS Amendments follow the amendment in February 2007 of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and 1996 Protocol Thereto (London Protocol) which allows the storage of carbon dioxide under the seabed. The GGS Amendments amend the Offshore Petroleum Act 2006 (Cth) (OPA), which has now been renamed the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Act), to establish a system of offshore titles that authorises the transportation, injection and storage of greenhouse gas (GHG) substances in geological formations under the seabed and manage the inevitable interaction with the offshore petroleum industry. In addition, the States of Queensland and Victoria have now enacted onshore CCS legislation. In September 2008, the Federal Government announced $100 million in funding for an Australian Global Carbon Capture and Storage Institute (AGCCSI), which will be an international hub for co-ordinating public and private sector funding of CCS research projects and will provide international policy and management oversight. The AGCCSI was formally launched on 16 April 2009. The goal of the AGCCSI is to deliver at least 20 commercial scale CCS plants around the world by 2020. There are numerous examples in Australia and internationally of CCS pilot projects underway with the goal of deploying CCS on a commercial scale. The Callide Oxyfuel Project in Central Queensland that began construction recently will retrofit an existing coal fired power station with a CCS facility, with plans for the oxyfuel boiler to be operational in the Callide A power plant by 2011.
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Ueno, Tatsuhiro. "The Flexible Copyright Exception for ‘Non-Enjoyment’ Purposes ‒ Recent Amendment in Japan and Its Implication." GRUR International 70, no. 2 (January 17, 2021): 145–52. http://dx.doi.org/10.1093/grurint/ikaa184.
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Abstract After the long discussions in Japan over the introduction of a general clause on copyright exceptions since 2007, the ‘flexible’ provisions on copyright exceptions (Arts. 30-4, 47-4 and 47-5) were finally introduced into the Japanese Copyright Act in 2018 and came into effect in 2019. They differ widely from the US fair use clause and the UK fair dealing provisions. This article focuses on Art. 30-4, which comprehensively allows an exploitation of a work that is aimed at neither enjoying nor causing another person to enjoy the work. In particular, any exploitation for text-and-data mining (TDM) is widely permitted by any means under Art. 30-4, including for commercial purposes. The underlying theory behind this relates to the nature of copyright, or the justification for copyright protection that an exploitation not for ‘enjoyment’ purposes is beyond the inherent scope of copyright because it does not prejudice the opportunities of the copyright holders to receive compensation. While this might sound unusual, it is interesting to note that some similar theories can be found in Europe, some of which try to widely exclude TDM activities from the scope of copyright based on the idea of ‘a use as a work’. Considering such common characteristics of the theories regarding copyright and ‘enjoyment’ of a work, Art. 30-4 of the Japanese Copyright Act and the theoretical justification for it might have implications for other jurisdictions regarding copyright exceptions or the substantive scope of copyright.
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Romero, Mary Jane J., Marites A. De Guzman, and Olive Chester Cuya Antonio. "Degree of Observance of Ease of Doing Business and Efficient Government Service Delivery Act in the Department of Education in Nueva Ecija in the Philippines." Journal of Public Administration and Governance 9, no. 1 (February 28, 2019): 92. http://dx.doi.org/10.5296/jpag.v9i1.14238.
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Implementation of laws intended to prevent commission of negative bureaucratic behavior is a challenge to most government agencies. Republic Act No. 11032, otherwise known as Ease of Doing Business and Efficient Government Service Delivery Act of 2018, aims to strengthen the Anti-Red Tape Act (ARTA) of 2007 that lessens the perennial problem of bureaucratic red tape which causes graft and corruption. This study aims to determine the degree of observance on the three core components of ARTA namely citizen’s charter, access to government service through frontline services, and report card survey. In addition, zero-contact policy is also observed which is an amendment to the existing law. Based on the results, the core components of Republic Act No. 11032 are always observed in the Department of Education Division of Nueva Ecija but the presence of queuing is observed regardless of the institution’s effort to eliminate red tapes. The success of policy implementation can be fully achieved when coupled with a change of behavior on both part of the service providers and public clientele. Bureaucratic equity followed by inculcation of core values by the service providers with the embodiment of the norms of conduct and ethical standards contribute in the delivery of an efficient government service.
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Bangarwa, Sanjeev K., Jason K. Norsworthy, and Edward E. Gbur. "Effect of Turnip Soil Amendment and Yellow Nutsedge (Cyperus esculentus) Tuber Densities on Interference in Polyethylene-Mulched Tomato." Weed Technology 26, no. 2 (June 2012): 364–70. http://dx.doi.org/10.1614/wt-d-11-00110.1.
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Yellow nutsedge is a problematic weed in polyethylene-mulched tomato production. Soil fumigation with methyl bromide is the most effective method of controlling nutsedges, but because of ozone depletion, the phase-out of methyl bromide has complicated nutsedge control in polyethylene-mulched tomato and other vegetable crops. Plants belonging to the Brassicaceae family produce glucosinolates, which upon tissue decomposition generate biocidal isothiocyanates and therefore can be used as a biological alternative for yellow nutsedge control. Field experiments were conducted in 2007 and 2009 to study the influence of soil amendment with ‘Seventop’ turnip cover crop on the interference of yellow nutsedge planted at 0, 50, and 100 tubers m−2in raised-bed polyethylene-mulched tomato production. There was no advantage of soil amendment with Seventop on reducing yellow nutsedge interference in polyethylene-mulched tomato. Regardless of soil amendment, increasing initial tuber density from 50 to 100 tubers m−2increased yellow nutsedge shoot density, shoot dry weight, and tuber production at least 1.7, 1.6, and 1.6 times, respectively. As a result, tomato canopy width, shoot dry weight, and marketable yield decreased with increasing initial tuber densities. However, increased tuber density had minimal impact on tomato height. Relative to weed-free plots, interference of yellow nutsedge at 50 and 100 tubers m−2reduced marketable yield of tomato up to 32 and 49%, respectively. Shading of the middle and lower portion of tomato plants by yellow nutsedge shoots could be the major factor for reducing tomato growth and yield in weedy plots. It is concluded that soil amendment with Seventop turnip is not a viable option for reducing yellow nutsedge interference at 50 and 100 tuber m−2in polyethylene-mulched tomato.
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Mogale, Ramadimetja S., Kathy Kovacs Burns, and Solina Richter. "Violence Against Women in South Africa." Violence Against Women 18, no. 5 (May 2012): 580–94. http://dx.doi.org/10.1177/1077801212453430.
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Violence against women (VAW) in South Africa remains rampant, irrespective of human rights– focused laws passed by the government. This article reflects on the position of two acts: the Domestic Violence Act No 116 of 1998 and Criminal Law (Sexual Offense and Related Matters) Act No 32 of 2007. Both are framed to protect women against all forms of violence. The article discusses the prisms of the two laws, an account of the position taken or interpreted by the reviewed literature regarding the acts, and the findings and recommendations regarding the infrastructure and supports needed to appropriately implement the two acts.
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Shukla, Kinjal, Maitreyi Purohit, and Shubhra P. Gaur. "Studying ‘Make in India’ from the Lens of Labour Reforms." Management and Labour Studies 42, no. 1 (February 2017): 1–19. http://dx.doi.org/10.1177/0258042x17690842.
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The contribution of the manufacturing sector in gross domestic product (GDP) has been a cause of concern, as India contributes only 16 per cent to the GDP in comparison to other rapidly developing economies, for example, the manufacturing sector of Thailand contributes 34 per cent to the GDP, China 32 per cent and South Korea 31 per cent. Currently, India stands at 134th position out of 189 economies under Doing Business Index. Its rank has also declined in the Global Manufacturing Index in comparison to the previous year. The Government of India in the year 2014 initiated a campaign titled Make in India to foster the growth of the manufacturing sector. In the initial phase of the campaign, the primary focus was on three key tactics namely reviving domestic investment, ensuring the ease of doing business and attracting foreign investors to invest in the manufacturing sector. The government later on realized that first there is a need to bring reforms in the decades old labour laws. This has urged the government to consider reforms in labour laws which will make Indian labour market more competitive in international market. The government has initiated these reforms by proposing certain amendments in the Factories Act 1948 and by including few provisions in the Labour Laws Amendment Act, 2011, and the Apprenticeship (Amendment) Act, 2014. The article attempts to analyze the impact of these reforms on success of Make in India campaign by studying the overall impact of these labour law reforms from employees and employers’ perspective and contribution of labour reforms in Make in India campaign by using the theory of structural change, fundamentals and growth given by Rodrik (2013b, Harvard Business Review). It also analyzes the impact of these reforms on two key aspects of the campaign, that is, focusing on job creation and skill enhancement.
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Walsh, Elias, and Dallas Dotter. "The Impact on Student Achievement of Replacing Principals in District of Columbia Public Schools." Education Finance and Policy 15, no. 3 (June 2020): 518–42. http://dx.doi.org/10.1162/edfp_a_00279.
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The 2007 Public Education Reform Amendment Act led to 39 percent of the principals in District of Columbia Public Schools (DCPS) being dismissed before the start of the 2008–09 school year, and additional principal exits over the next few years. We measure the impact of replacing these principals on schoolwide student achievement by measuring the changes in achievement that occurred when principals were replaced, and comparing these changes to achievement in comparison schools within DCPS that kept the same principal. We find that after a new principal's third year in a school, average schoolwide achievement increased by 4 percentile points (0.09 standard deviations) compared with how students in the school would have achieved had DCPS not replaced the previous principal. For students in grades 6 to 8, the gains were larger and statistically significant in both math and reading.
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Malahayati, Gebrina, Mahdi Syahbandir, and Azhari Azhari. "Kepatuhan Wajib Pajak Dalam Pembayaran Pajak Penghasilan Setelah Diberlakukannya Penghapusan Sanksi Administrasi Bunga Utang Pajak di Banda Aceh." Syiah Kuala Law Journal 1, no. 2 (August 15, 2017): 1–17. http://dx.doi.org/10.24815/sklj.v1i2.8470.
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Salah satu faktor keberhasilan pemungutan pajak pada suatu negara adalah dengan adanya kepatuhan wajib pajak untuk membayar pajak tepat pada waktunya. Akan tetapi, kondisi ideal ini tidak selalu terjadi. Banyak faktor yang menyebabkan wajib pajak tidak menunaikan kewajibannya. Kondisi tersebut menyebabkan masih ada wajib pajak yang miliki utang pajak. Terhadap utang pajak tersebut dikenakan sanksi administrasi berupa bunga sebesar 2% per bulan atau berdasarkan Pasal 19 ayat (1) Undang-Undang Nomor 28 Tahun 2007 tentang Perubahan Ketiga Atas Undang-Undang Nomor 6 Tahun 1983 Tentang Ketentuan Umum Dan Tata Cara Perpajakan. Berdasarkan ketentuan tersebut, pemerintah mengeluarkan kebijakan yang tertuang dalam Peraturan Menteri Keuangan Nomor 29/PMK.03/2015 tentang penghapusan sanksi administrasi bunga.One of the successful factors in collecting tax at a state is by the obligation of taxpayers' obedience to pay tax on due date. However, this ideal condition is not always happening. There are many factors that are causing taxpayers not obeying the obligation. Such condition has caused many taxpayers having tax loans. Towards the loans, it has administrative sanction such as 2% monthly or based on Article 19 (1) of the Act Number 28, 2007 on the Third Amendment of the Act Number 6, 1983 on General Rules and Tax Conducts' Procedures. Based on such rules, the government has issued the policy worded in Finance Minister Regulation Number 29/PMK.03/2015 on the Abolition of Administrative Interests Sanction.
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Lajtkepová, Eva. "The minimum wage in the Czech enterprises." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 58, no. 6 (2010): 253–58. http://dx.doi.org/10.11118/actaun201058060253.
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Although the statutory minimum wage is not a new category, in the Czech Republic we encounter the definition and regulation of a minimum wage for the first time in the 1990 amendment to Act No. 65/1965 Coll., the Labour Code. The specific amount of the minimum wage and the conditions of its operation were then subsequently determined by government regulation in February 1991. Since that time, the value of minimum wage has been adjusted fifteenth times (the last increase was in January 2007). The aim of this article is to present selected results of two researches of acceptance of the statutory minimum wage by Czech enterprises. The first research makes use of the data collected by questionnaire research in 83 small and medium-sized enterprises in the South Moravia Region in 2005, the second one the data of 116 enterprises in the entire Czech Republic (in 2007). The data have been processed by means of the standard methods of descriptive statistics and of the appropriate methods of the statistical analyses (Spearman correlation coefficient of sequential correlation, Kendall coefficient, χ2 - independence test, Kruskal-Wallis test, and others).
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Botes, Anri. "The History of Labour Hire in Namibia: A Lesson for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 505. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2320.
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Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized by inhumanity and unfair labour practices. These employees were subjected to harsh working conditions, inhumane living conditions and influx control. The contract labour system continued until 1977, when it was abolished by the General Law Amendment Proclamation of 1977. It was during the 1990s that the hiring out of employees returned in the form of labour hire. It continued in this form without being regulated until it was banned in the Namibian Labour Act of 2007. In 2009 Africa Personnel Services, Namibia’s largest labour broker, brought a case before the court against the Namibian Government in an attempt to have the ban nullified on grounds of unconstitutionality. It argued that the ban infringed on its right to carry on any trade or business of its choice as contained in section 21(1)(j) of the Constitution of the Republic of Namibia. APS triumphed. It was not until April 2012 that new legislation was promulgated in order to officially lift the ban and to regulate labour hire in its current form. This new legislation came into force in August 2012. Various very important provisions are contained in the Labour Amendment Act 2 of 2012 concerning labour brokers. Part IV of the Employment Services Act 8 of 2011, containing provisions for the regulation of labour brokers as juristic persons per se, was also introduced and came into force in September 2012. The aim of this note is to serve as a lesson to the South African government as to what could happen if labour brokers continue without legislation properly addressing the pitfalls associated with labour brokers. Also, it could serve as an example as to how the employees of a labour broker should be protected. In this regard the history of labour hire and the current strides in Namibia cannot be ignored.
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Mujuzi, Jamil Ddamulira. "The Evolution of the Meaning(s) of Penal Servitude for Life (Life Imprisonment) in Mauritius: The Human Rights and Jurisprudential Challenges Confronted So Far and Those Ahead." Journal of African Law 53, no. 2 (September 18, 2009): 222–48. http://dx.doi.org/10.1017/s0021855309990040.
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AbstractThis article analyses the history of the various meanings and interpretations of the sentence of penal servitude for life in Mauritius, the human rights implications, and the likely challenges that courts will confront in interpreting new legislation. The Privy Council held in 2008 that a mandatory sentence of penal servitude for life was arbitrary and disproportionate because it violated the right to a fair trial under the constitution. However, the article argues that the Privy Council should also have found that penal servitude for life, where the offender is to be detained for the rest of his life, violates the prisoner's right not to be subjected to inhuman punishment under the constitution, as well as violating Mauritius's international human rights obligations. It recommends that Mauritian courts consult South African jurisprudence when interpreting what amount to substantial and compelling circumstances under the 2007 Criminal Procedure (Amendment) Act.
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Koynja, Johannes Johny. "CONFIDENTIALITY GUARANTEE OF TAX INFORMATION AGAINST THE PROPERTY OF TAXPAYER IN MANAGEMENT EXAMINATION AND THE STATE FINANCIAL RESPONSIBILITIES WHICH CONDUCTED BY THE AUDIT BOARD." Unram Law Review 1, no. 1 (September 11, 2017): 133–48. http://dx.doi.org/10.29303/ulrev.v1i1.8.
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This research analysis meant to find out legal consideration used byConstitution judge, whether in accordance or not to legal principles, moral andsocial justice. Therefore,this article tend to place problems that linked to conflict of norm in term of The Audit Board (BPK) authorities over a good and compliance Taxpayerl,and progressive related The Constitutional Court decision of The Audit Board(BPK) authorities of a good and compliance taxpayer in the context of The 1945Constitution of The Republic of Indonesia at its proportion in order tostraightening the consistency of rule of law in Indonesia’s legal system, for theshake of completion of logical degree of optimal norm.Intrinsically, decision in the case of petition for Judicial Review of the Act Number 28 of 2007 on the Third Amendment to the Act Number 6 of 1983 on the General Taxation Provisions and Procedures against the 1945 Constitution of the Republic of Indonesia, can be made guidance (stelling) to the happening ofopaqueness norm or obscurity norm (vague van normen) which flange at thehappening conflict of norm (geschiljd van normen) related existence of twoimportance of law between The Audit Board (BPK) and Taxpayers which both ofthe same owning of rights which under the aegis of Constitution.
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Kiss, Árpád. "A menekültügyi őrizet elrendelésének anyagi jogi feltételei az uniós jog tükrében." Debreceni Jogi Műhely 12, no. 1-2 (August 22, 2015): 21–31. http://dx.doi.org/10.24169/djm/2015/1-2/4.
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Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures.
From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.
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d'Amore, Francesco, Sirpa Leppä, Maria Gomes da Silva, Thomas Relander, Peter De Nully Brown, Eckhart Weidmann, Grete Fossum Lauritzsen, et al. "First Interim Efficacy and Safety Analysis of an International Phase III Randomized Trial in Newly Diagnosed Systemic Peripheral T-Cell Lymphoma Treated with Chemotherapy with or without Alemtuzumab and Consolidated by High Dose Therapy." Blood 120, no. 21 (November 16, 2012): 57. http://dx.doi.org/10.1182/blood.v120.21.57.57.
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Abstract Abstract 57 Background The ACT trial (ACT-1, younger patients aged 18–60 yrs and ACT-2, elderly patients aged >60 yrs) is the first international randomized phase III trial in newly diagnosed primary systemic peripheral T-cell lymphoma (PTCL). It tests, in both younger and elderly patients, the efficacy of the addition of alemtuzumab (ALZ) to 6 courses of bi-weekly CHOP followed, only in younger patients (ACT-1), by high-dose therapy with autologous stem cell rescue. A dose reduction amendment tapering the cumulative ALZ dose from 360 mg (30 mg on days 1 and 2 of CHOP courses 1–6) to 120 mg (30 mg on day 1 of CHOP courses 1–4), respectively, was introduced early on due to two cases of systemic fungal infection (Blood 2011,118;4110). To date, the trial has accrued a total of 186 patients (ACT-1 n=98; ACT-2 n=88). Aim Here, we present the results from the first interim efficacy and safety analysis of the ACT-1 trial based on the first 68 randomized patients. Results Of the 68 patients, 63 had a complete set of treatment data. The median follow-up was 15 months (range 0.5–42 months). Thirty-two patients belonged to the experimental arm (exp) and 31 to the standard arm (std). Of the 32 patients treated according to exp, 4 received the higher dose of ALZ and 28 the lower. Treatment arms were well balanced with regard to main prognostic features such as age (std: median 53 yrs, range 21–60 yrs; exp: median 50 yrs, range 22–64 yrs; p=0.705), IPI subgroups (std: low 10%, low-intermediate 51%, intermediate-high 29%, high 10%; exp: low 12%, low-intermediate 44%, intermediate-high 19%, high 25%; p=0.392), advanced clinical stage (std: stage III-IV 94%; exp: 97%; p=0.613), performance status ECOG>1 (std: 23%; exp: 28%; p=0.613), elevated LDH (std: 68%; exp: 69%; p=0.932), presence of B-symptoms (std: 68%; exp: 75%; p=0.524), bulky disease (std: 13%; exp: 13%; p=1.0) and bone marrow involvement (std: 39%; exp: 31%; p=0.535). Histological subtypes were also similarly distributed among both treatment arms (std: PTCL-NOS 55%, AILT 23%, other 22%; exp: PTCL-NOS 56%, AILT 28%, other 16%). No cases of anaplastic large cell PTCL (regardless of ALK-protein status) were included. Neither of the treatment cohorts showed significant treatment delay. The median duration of chemotherapy (calculated for 5 bi-weekly cycles of an expected cumulative duration of 70 days) for non-ALZ vs. ALZ-treated patients was 73 vs. 81 days, respectively. No suspected unexpected serious adverse reactions (SUSARs) were reported. Grade 4 leucopenia was more frequent in ALZ-treated patients (std: 24%, exp: 69%; p=0,001), whereas grade 3–4 anemia and grade 3–4 thrombocytopenia were not significantly different between treatment arms (anemia, std: 19%, exp: 31%; p=0,278; thrombocytopenia, std: 20%, exp: 12%, p=0,682). Non-hematological toxicity unrelated to infectious complications was mild and had a similar frequency in both arms. The number of serious adverse events (SAEs) per patient was 0.86 for patients treated at post-amendment ALZ dose levels, representing a significant reduction compared to the pre-amendment value (3.25), and 0.46 for patients treated in the control arm (p=0.002). The frequency of bacterial and fungal infections (grade ≥3) was similar in both treatment arms. ALZ treated patients had more viral events (9/32; 28% vs. 3/31; 10%), mainly (6 out of 9) consisting of asymptomatic cytomegalovirus reactivations. The overall (non-arm specific) 1-year event-free survival (primary end-point), progression-free survival and overall survival were 55% (95% CI: 42%-67%), 54% (95% CI: 42%-67%) and 78% (95% CI: 67%-88%), respectively. Conclusion The safety profile of the current standard and experimental treatment schedules, as well as the interim outcome results, support a continuation of the trial. A final analysis will be performed in Q2 2015. Disclosures: Jantunen: Genzyme: Has participated in EU Leadership meeting organized by Genzyme as well as Medical Advisory Board meeting organized by Genzyme Other, Honoraria.
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Nikulenko, Andrey V., and Maksim A. Smirnov. "ISSUES OF QUALIFICATION OF EXCEEDING OF JUSTIFIABLE DEFENSE LIMITS." Russian investigator 11 (November 12, 2020): 32–36. http://dx.doi.org/10.18572/1812-3783-2020-11-32-36.
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The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.
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Yurista, Ananda Prima. "REVIEWING THE DEVELOPMENT PLAN OF TEMON AIRPORT, KULONPROGO DISTRICT IN THE PERSPECTIVE OF INTEGRATIVE SPATIAL PLANNING SYSTEM." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 30, no. 1 (February 15, 2018): 109. http://dx.doi.org/10.22146/jmh.29070.
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AbstractThis research is based on the case of airport development in Kulonprogo Regency. The findings in this study are: First, contradictions RTRW Kulonprogo District with RTRWN, RTRW DIY Province, and RZWP3K DIY Province not in accordance with Article 7 paragraph (1) and (2) of Law No. 12 of 2011 on the Establishment of Laws and Regulations. Second, contradictions RTRW Kulonprogo District with RTRWN, RTRW DIY Province, and RZWP3K DIY Province is not in accordance with Article 14 paragraph (2) of Law No. 26 of 2007 on Spatial Planning. Here are some mitigating actions over the contradiction between Article 18 of Regional Regulation of Kulonprogo Regency RTRW: through examination in the Constitutional Court; with the cancellation of Regional Act by the Governor; and, with the amendment the norms of Article 91 Paragraph (2) of the Regional Government Law.IntisariPenelitian ini dilaksanakan terhadap kasus pembangunan bandar udara di Kabupaten Kulonprogo. Temuan dalam penelitian ini diantaranya: Pertama, RTRW Kabupaten Kulonprogo bertentangan dengan RTRWN, RTRW Provinsi DIY, RZWP3K Provinsi DIY, dan Pasal 7 ayat (1) dan (2) UU No. 12 Tahun 2011. Kedua, RTRW Kabupaten Kulonprogo bertentangan dengan Pasal 14 ayat (2) UU No. 26 Tahun 2007. Untuk memitigasi ketentuan dalam Pasal 18 RTRW Kabupaten Kulonprogo, yang harus dilakukan adalah: Pertama, melalui uji material di MA. Kedua, dengan pembatalan Peraturan Daerah oleh Gubernur. Ketiga, dengan perubahan Pasal 91 ayat (2) UU No. 23 Tahun 2014.
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Shen, Shih-Pei, Yi-Chen Chen, Hung-Chi Wu, Tieh-Chi Chung, Ching-Hong Tsai, Wen-Miin Liang, Joh-Jong Huang, and Frank Huang-Chih Chou. "A comparison of hospital and community stay in patients who underwent compulsory admission before and after the 2007 Amendment to the Mental Health Act in Taiwan." International Journal of Law and Psychiatry 58 (May 2018): 87–96. http://dx.doi.org/10.1016/j.ijlp.2018.02.012.
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Mervartová, Jana. "Illegal employment." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2507–14. http://dx.doi.org/10.11118/actaun201361072507.
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Since 2007 Labour Code contains the definition of dependent work, which can be carried out only in labour-law relations. The Amendment to Labour Code from 2012 makes the definition more precise, when it stipulates essential elements of dependent work and designates the others as conditions, under which dependent work should be carried out. The Amendment to Employment Act changes the definition of illegal work. Illegal work is a performance of dependent work by natural person except for labour-law relation, or if natural person – foreigner carries out work in conflict with issued permission to employment or without this permission. Since 2012 sanctions for illegal work were increased. Labour inspection is entitled to impose sanctions, in case of foreigners it is Customs Office. For control purposes employer is obliged to have copies of documents at the workplace proving the existence of labour-law relation. Goal of controls and high fines is to limit illegal employment of citizens of Czech Republic and foreigners as well. Illegal work has unfavourable economic impact on state budget. It comes to extensive tax evasions and also to evasions within health insurance and social security. If a concluded commercial-law relation meets the attributes of dependent work, then it stands for a concealed legal relationship. Tax Office can subsequently assess an income tax to businessman. Labour-law relationship enjoys a higher legal protection than commercial-law relationship; nonetheless it is not suitable to limit liberty of contract in cases when it is not unambiguously a dependent activity.
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Middleton, Sandy, Anne Gardner, Glenn Gardner, and Phillip R. Della. "The status of Australian nurse practitioners: the second national census." Australian Health Review 35, no. 4 (2011): 448. http://dx.doi.org/10.1071/ah10987.
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Objectives. To profile Australian nurse practitioners and their practice in 2009 and compare results with a similar 2007 census. Methods. Self-administered questionnaire. Results. A total of 293 nurse practitioners responded (response rate 76.3%). The majority were female (n = 229, 81.2%); mean age was 47.3 years (s.d. = 8.1). As in 2007, emergency nurse practitioners represented the largest clinical specialty (n = 63, 30.3%). A majority practiced in a metropolitan area (n = 133, 64.3%); a decrease from 2007. Consistent with 2007, only 71.5% (n = 208) were employed as a nurse practitioner and 22.8% (n = 46) were awaiting approval for some or all of their clinical protocols. Demographic data, allocations of tasks, and patterns of practice remained consistent with 2007 results. ‘No Medicare provider number’ (n = 182, 91.0%), ‘no authority to prescribe using the Pharmaceutical Benefits Scheme’ (n = 182, 89.6%) and ‘lack of organisational support’ (n = 105, 52.2%) were reported as ‘limiting’ or ‘extremely limiting’ to practice. Conclusions. Our results demonstrate less than satisfactory uptake of the nurse practitioner role despite authorisation. Barriers constraining nurse practitioner practice reduced but remained unacceptably high. Adequate professional and political support is necessary to ensure the efficacy and sustainability of this clinical role. What is known about the topic? The nurse practitioner is a developing new model of healthcare delivery that performs an advanced clinical role and is becoming increasingly important in the overburdened Australian healthcare system. Our census conducted in 2007 indicated that nurse practitioners perceived many barriers to their practice and were underutilised in the Australian healthcare workforce, specifically because of their inability to prescribe medications. What does this paper add? This paper provides a second census of Australian nurse practitioners in 2009. Similar to the results in 2007, the study indicates that nurse practitioners remain underutilised, with many unable to perform roles within their defined scope of practice because of limitations, such as inability to prescribe medications, lack of a Medicare provider number and awaiting approval for clinical protocols. Lack of support from within healthcare organisations and the nursing profession also were found. What are the implications for practitioners? Nurse practitioners are not being utilised to their maximum clinical capacity despite increasing pressures on the health system. Many of the barriers to nurse practitioner practice that were flagged in 2007 remained issues in 2009. It is hoped the current legislative reform through the Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010 (Cth) will adequately address these issues.
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Mardiya, Nuzul Qur'aini. "PENGATURAN PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP / THE REGULATION OF CORPORATE LIABILITY IN ENVIRONMENTAL CRIMINAL ACT." Jurnal Hukum dan Peradilan 7, no. 3 (December 18, 2018): 483. http://dx.doi.org/10.25216/jhp.7.3.2018.483-502.
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Kebakaran hutan dan lahan khususnya lahan gambut selama ini menjadi perhatian pemerintah secara nasional dan lintas negara. Penegakan hukum tindak pidana lingkungan bagi korporasi yang melakukan pembakaran hutan dan lahan menjadi hal penting karena berdampak pada kerusakan lingkungan dan gangguan kesehatan. Ketentuan mengenai tanggung jawab bagi korporasi dalam tindak pidana lingkungan telah diatur dalam Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas yang menyatakan Direktur Perusahaan tidak dapat melepaskan dirinya dari pertanggungjawaban pidana dalam hal perusahaan yang dipimpinnya mencemari dan atau merusak lingkungan. Senada dengan itu, Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup juga mengatur bila pertanggungjawaban dapat dikenakan kepada badan hukum dan para pengurusnya secara bersama-sama, dalam hal kegiatan dan/atau usaha korporasi tersebut menyebabkan terjadinya pencemaran dan atau kerusakan lingkungan hidup. UU PPLH ini kemudian didukung dengan perangkat aturan penanganan perkara di Mahkamah Agung yakni Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi dan Keputusan Ketua Mahkamah Agung Republik Indonesia Nomor: 36/KMA/SK/II/2013 tentang Pemberlakuan Pedoman Penanganan Perkara Lingkungan Hidup.Land and forest fire especially peatland so far had been a serious concern for the government that pay attention nationally and cross country. Law enforcement of environment for a criminal that burn forests and land areas are important because resulted in an impairment of health and environmental damage. Provisions on corporate accountability for the environment in a criminal offense has been regulated in Law Number 40 of 2007 on Limited Liability Company that had been said the company could not set them free from criminal responsibility in terms of companies made pollution and damage the environment. Law Number 32 of 2009 on The Protection And Environmental Management (PPLH) also regulate if accountability may be subject to the body of laws and the managers together, in activities and/or corporate business if it causes the pollution and or damage environment. PPLH Law were then supported with a device rules of case handling in the Supreme Court such as Supreme Court Regulation Number 13 of 2016 on the procedures for case handling of a criminal act in corporate and Decree of Chief Justice of The Republic of Indonesia Number: 36/KMA/SK/II/2013 about the guidelines of case handling in environmental issue.
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Purnamasari, Eka, and Gunarto Gunarto. "Alasan Pembuatasan Dan Perubahan Ketentuan Terkait Modal Dalam Perseroan Terbatas." Jurnal Akta 5, no. 1 (March 5, 2018): 203. http://dx.doi.org/10.30659/akta.v5i1.2549.
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AbstrakModal merupakan faktor yang sangat penting, sebagai salah satu sarana untuk meraih keuntungan dalam kegiatan usaha, juga bagi eksitensi kelangsungan kehidupan maupun pengembangan perseroan terbatas sebagai organisasi ekonomi. Adapun Struktur modal seperti yang ditegaskan dalam Penjelasan Pasal 41 ayat (1) UUPT 2007, bahwa yang dimaksud dengan modal perseroan adalah modal dasar, ditempatkan, modal disetor. Dalam Pasal 32 ayat (1) UUPT 2007 terdapat pengaturan mengenai batas mininal dari modal dasar perseroan yaitu paling sedikit Rp 50.000.000,00 (lima puluh juta rupiah) kurang dari jumlah tersebut tidak diperbolehkan. Untuk modal ditempatkan juga ada batas minimal yang dicantumkan dalam Pasal 33 ayat (1) UUPT 2007, yaitu paling sedikit 25% (dua puluh lima persen) dari modal dasar, harus ditempatkan. Kemudian untuk modal disetor berdasarkan Pasal 33 ayat (1) UUPT 2007 dihubungkan dengan ketentuan Pasal 33 ayat (3) UUPT 2007 dan penjelasannya harus disetor penuh, maksudnya adalah jika modal ditempatkan 50% dari modal dasar, maka modal yang harus disetor penuh 50% dan tidak dapat diangsur. Tetapi, pada Peraturan Pemerintah Nomor 29 Tahun 2016 tentang Perubahan Modal Dasar Perseroan Terbatas ditentukan lain terkait modal dasar Perseroan Terbatas, yaitu modal dasar tersebut dikembalikan ke kesepakatan Para pendiri Perseroan Terbatas. Dari sekilas penjelasan diatas kita dapat melihat bahwa apabila kita ingin mendirikan sebuah Perseroan Terbatas ada pengaturan yang terkait mengenai batas minimal dari modal dalam peseroan terbatas, masalahnya adalah apakah alasan pembuatan dan perubahan ketentuan tentang modal Perseroan Terbatas?Kata Kunci : Modal, Perseroan Terbatas, Pengaturan. AbstractCapital is a very important factor, because one means to gain profit in business activities, also for the survival and development of a limited liability company as an economic organization. Capital structure as referred to in Elucidation of Article 41 paragraph (1) law number 49 of 2007 on limited liability company, company capital is the authorized capital, issued capital and paid up capital. In Article 32 Paragraph (1) of the Limited Liability Company Act of 2007 there is a regulation concerning the minimum limit of authorized capital of a company of at least Rp 50,000,000.00 (fifty million rupiah), less than the amount that is not permitted. For the issued capital there is also a minimum limit specified in Article 33 paragraph (1) UUPT 2007 which is at least 25% (twenty five percent) of the authorized capital. Furthermore, the paid up capital under Article 33 paragraph (1) of the Limited Liability Company Act of 2007 relates to the provisions of Article 33 paragraph (3) of the Limited Liability Company Law in 2007 and the explanation shall be paid, that is, if the capital is placed 50% of the authorized capital, must be paid in full 50% and can not be paid in installments. However, the government regulation number 29 of 2016 on changes in the authorized capital of a limited liability company is determined in relation to the authorized capital of a limited liability company, namely the athorized capital is returned to the agreement of the founders of the limited liability company. From the description above we can see that if we want to establish a Limited Liability Company there is a related regulation concerning the minimum limit of capital in a limited liability company, the problem is the reason why arrangements are made and needed in the Limited Liability Company?Keyword : Capital, Limited Liability company, arrangements.
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Ręcławowicz, Stanisław, and Janusz Adam Wrzesiński. "Krajowy system ratowniczo-gaśniczy w systemie bezpieczeństwa wewnętrznego państwa." Przegląd Prawa i Administracji 106 (December 13, 2016): 331–43. http://dx.doi.org/10.19195/0137-1134.106.28.
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NATIONAL FIREFIGHTING AND RESCUE SYSTEM NFRS IN THE STATE INTERNAL SECURITY SYSTEMNational Firefighting and Rescue System was formed on 1 January 1995 under the Act of 24August 1991. The Act, which initiated achange in our state internal security system, changing its paramilitary character into civilian. Despite the laws of abygone era of communism the creation of the State Fire Service as aseparate formation within the Ministry of Internal Affairs allowed „the exclusion” of organizational units of the fire brigade of the Civil Defence so-called „rescue units group”.This formation was obliged to create the National Rescue and Fire Fighting, possessing the power switch to the system of other units of fire protection services, inspections, internships, institutions and entities that voluntarily on the basis of acivil contract agreed to cooperate in rescue operations.This system gives permission to the Chief Commander in the State Fire Service, Provincial and District Heads to determine respectively in the country, province or district the tasks, coordinate operation and manage it in extreme situation.The Provincial Governor and the District Head carry out their tasks with the appropriate provincial and district crisis management team, operating under the Act of 26 April 2007. Crisis Management Dz.U. Journal of Laws No. 89, item. 590, as amended. Amendment 2.The Village Head has the authority supervised by the mayor or city president, who coordinates the operation of the National Firefighting and Rescue System within the municipality to the extent determined by the Provincial Governor. In other words, the system enables the interaction of organizational units of government, local government, private entities and public benefit organizations. The relevant Governors play ameaningful role in this system. They perform tasks and powers of the State Fire Service with the help of provincial commanders of the State Fire Service in the province.
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Gartika, Dewi. "Struktur Organisasi Kelembagaan Penanaman Modal di Kota Bandung." Otoritas : Jurnal Ilmu Pemerintahan 6, no. 2 (October 14, 2016): 71. http://dx.doi.org/10.26618/ojip.v6i2.268.
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In Act No. 23 of 2014 on Regional Government, where there mention of the obligatory functions and affairs of choice, where one obligatory This is an investment, then in Government Regulation No. 38 Year 2007 on the dealings between the central government, provincial government and district / city government, a local government authority is in the field of investment, government Bandung, capital investment is obligatory and one local government authority is placed in the structure organization Bappeda Bandung is in the Investment Sector, is of course contrary to the Law No. 23 Year 2014 and Government Regulation No. 38 of 2007. This paper provides the organizational structure of institu-tional investment in the city of Bandung.Dalam Undang-Undang Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dise-butkan mengenai urusan wajib dan urusan pilihan, dimana salah satu urusan wajib ini adalah pena-naman modal, kemudian dalam Peraturan Pemerintah Nomor 38 Tahun 2007 tentang Pembagian urusan antara pemerintah pusat, pemerintah provinsi, dan pemerintah kabupaten/kota, salah satu kewenangan pemerintah daerah adalah dalam bidang penanaman modal, di pemerintahan Kota Bandung, penanaman modal yang merupakan urusan wajib dan salah satu kewenangan pemerintah daerah ditempatkan dalam struktur organisasi Bappeda Kota Bandung yaitu pada Bidang Pena-naman Modal, ini tentu saja berseberangan dengan UU No. 32 Tahun 2004/UU No. 23 Tahun 2014 dan Peraturan Pemerintah No. 38 Tahun 2007. Artikel ini berisi tentang struktur organisasi kelem-bagaan penanaman modal di Kota Bandung.
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Laszczyk, Anna. "What Are the Directions in the Enforcement of Polish Competition Law – Review of a Series of New Polish Soft Law Guidelines." Yearbook of Antitrust and Regulatory Studies 9, no. 13 (2016): 141–56. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.7.
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A recent amendment to the Act of Competition and Consumer Protection of 2007, which entered into force in January 2015, brought with it a number of changes to the Polish competition law system introducing, among other things, several new legal institutions. This development created the need to issue new soft law guidelines in order to give some clarity as to their application. At the same time, certain pre-existing soft law guidelines of the Polish Competition Authority – the President of the UOKiK – needed updating in order to make them applicable to the new legal conditions. The aforementioned legislative changes were accompanied by an official UOKiK policy statement of openness and transparency. Given this objective, the UOKiK President provided a set of best practices for the Authority, in particular as regards its relations with undertakings. The aim of this paper is to critically review the newly adopted guidelines as well as modifications made to preexisting soft laws. It emerges from this analysis that although the issuance of any sort of guidelines should be welcomed in general, since it improves legal certainty as to the Authority’s future conduct in individual cases, a number of problems remains which have not been sufficiently or in fact properly addressed.