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MELIKAN, R. A. "MR ATTORNEY GENERAL AND THE POLITICIANS." Historical Journal 40, no. 1 (March 1997): 41–69. http://dx.doi.org/10.1017/s0018246x96007005.
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This article looks at the relationship between professional and political aspiration in Georgian England by examining the office of attorney general during the period 1714–1810. It argues that while the office offered a unique opportunity for a lawyer to combine a legal and political career, this was a formidable task and one rarely achieved. The generally hostile attitude toward lawyers in the house of commons was a significant obstacle. More important, however, were the complex and potentially conflicting expectations associated with the office of attorney. The relationship with the government was an awkward balance of loyalty and remoteness, whereby the attorney was encouraged to regard fellow ministers both as colleagues and as clients. Moreover, he owed a duty to parliament that was independent of, but inevitably linked to, his obligations to the crown. As a consequence of these various pressures attorneys tended to remain aloof from politics and interested primarily in their own professional advancement. The office of attorney general was less the stepping-stone to ministerial office than the reliable path to the bench.
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Crouch, Jeffrey. "The Office of the Pardon Attorney." Federal Sentencing Reporter 33, no. 5 (June 1, 2021): 337–40. http://dx.doi.org/10.1525/fsr.2021.33.5.337.
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The Office of the Pardon Attorney has served presidents well for many decades, but recent presidents have become frustrated with it for various reasons. In this article, I examine the office’s past and present, then look at possible reforms to better prepare the clemency screening process for the Biden administration and its successors.
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Setyowati, Sulis, and Guntarto Widodo. "SUPERVISION MODEL TO THE PROSECUTORS AND EMPLOYEES OF PROSECUTORS BY DEPUTY ATTORNEY GENERAL FOR SUPERVISION." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 10, no. 1 (September 2, 2019): 1. http://dx.doi.org/10.32493/jdmhkdmhk.v10i1.3172.
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Supervision of the performance and behavior of prosecutors and prosecutors' offices both inside and outside the office is the authority of 2 (two) supervisory body, namely the internal supervisorybody and the external supervisorybody. The supervisory model implemented by the Deputy Attorney General for Supervision is repressive that have weaknesses. The formulations of the problem in this research are How is the prosecutor and prosecutor’s employee supervision model by the Deputy Attorney General for Supervision ? How is the new construction of the supervision model for prosecutors and prosecutors' employee by the Attorney General's Office of the Republic of Indonesia. This type of research is a sociological legal research, with a qualitative research approach. Qualitative data in the form of primary data obtained through observation and interviews, while secondary data obtained through literature study, especially Law No. 16 of 2004 concerning the Indonesian Attorney General's Office and Presidential Regulation No. 18 of 2011 concerning the Attorney Commission of Republic of Indonesia. The results showed that there was a dualism of supervision of prosecutors and prosecutors' employees, therefore internal supervisors and prosecutors' external supervisors need to work together to improve the quality of the performance and behavior of Prosecutors and Prosecutors' Employee.
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Spencer, Elizabeth. "Externship at the Massachusetts Attorney General s Office." Journal of Pharmacy Practice 13, no. 3 (June 1, 2000): 199–201. http://dx.doi.org/10.1106/qp3e-6jtc-p50x-mt2j.
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Reno, Janet. "Office of the Attorney General Washington, D.C. 20530." Federal Sentencing Reporter 6, no. 6 (May 1, 1994): 353. http://dx.doi.org/10.2307/20639726.
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O'Flaherty, Ruth. "The Provision of Library and Research Services in the Office of the Attorney General – a Law Office of the State." Legal Information Management 11, no. 3 (September 2011): 195–97. http://dx.doi.org/10.1017/s1472669611000624.
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Makrun, Makrun, Fenty U. Puluhulawa, and Lusiana Margareth Toijow. "MENGAGAS PENGUATAN KEJAKSAAN REPUBLIK INDONESIA DALAM PENGAMANAN DAN PENGAWALAN PEMBANGUNAN UNTUK MENCEGAH TINDAK PIDANA KORUPSI." Borneo Law Review 4, no. 2 (December 7, 2020): 123–41. http://dx.doi.org/10.35334/bolrev.v4i2.1712.
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ABSTRAKTujuan Penelitian ini adalah menganalisis kedudukan hukum Direktorat (D) Kejaksaan Agung dalam melakukan pengamanan dan pengawalan pembangunan untuk mencegah tindak pidana korupsi; menganalisis mekanisme kerja Direktorat (D) Kejaksaan Agung dalam melakukan pengamanan dan pengawalan pembangunan untuk mencegah tindak pidana korupsi; merumuskan konsep ideal bentuk pengamanan dan pengawalan pembangunan strategis oleh kejaksaan dalam mencegah tindak pidana korupsi melalui peran Direktorat (D) Kejaksaan Agung Republik indonesia. Penelitian ini menggunakan penelitian hukum normative, dengan mengunakan beberapa pendekatan, yaitu: pertama, pendekatan perbandingan (comparative approach); kedua, pendekatan perundang-undangan (statute approach); ketiga, pendekatan konseptual (conceptual approach). Hasil Penelitian ini menujukkan, pertama, bahwa Kedudukan hukum Direktorat D Kejaksaan Republik Indonesia sudah jelas berdasarkan Peraturan Jaksa Agung RI Nomor : PER-006/A/JA/07/2017 Tentang Organisasi dan Tata Kerja Kejaksaan Republik Indonesia. Bidang tersebut dibentuk sebagai amanat instruksi presiden tentang aksi pencegahan tindak pidana korupsi dan sebagai spirit kejaksaan sebagai penegak hukum dalam memberantas korupsi; Kedua, bahwa Mekanisme kerja Direktorat D Kejaksaan Republik Indonesia sudah jelas dimuat dan diatur dalam Peraturan Jaksa Agung RI Nomor : PER-006/A/JA/07/2017 Tentang Organisasi dan Tata Kerja Kejaksaan Republik Indonesia, dimana titik sentralnya adalah untuk melakukan pengawalan dan pengamanan pembangunan yang bersifat strategis; Ketiga, bahwa Penerapan aplikasi “JAGA DESA” di lingkup Direktorat D sebagai upaya untuk memaksimalkan kinerja Direktorat D dalam mengawal pengelolaan anggaran pembangunan strategis di seluruh daerah Republik Indonesia.Kata Kunci: Kejaksaan; Tindak Pidana Korupsi; Pengamanan Dan Pengawalan Pembangunan.ABSTRACTThe purpose of this study is to analyze the legal position of the Directorate (D) of the Attorney General's Office in safeguarding and overseeing development to prevent corruption; analyze the work mechanism of the Directorate (D) of the Attorney General's Office in securing development safeguards and guarding corruption; formulating an ideal concept of the form of securing and escorting strategic development by the prosecutor's office in preventing acts of corruption through the role of the Directorate (D) of the Indonesian Attorney General's Office This study uses normative legal research, using several approaches, namely: first, the comparative approach; second, the statutory approach; third, conceptual approach (conceptual approach). The results of this study show, firstly, that the legal position of the Directorate D of the Attorney General of the Republic of Indonesia is clear based on the Attorney General's Regulation Number: PER-006 / A /JA / 07/2017 Regarding the Organization and Work Procedures of the Attorney General's Office of the Republic of Indonesia The field was formed as a mandate of the president's instructions on acts of preventing acts of corruption and as a spirit of the prosecutor's office as law enforcers in combating corruption; Second, that the work mechanism of the Directorate D of the Attorney General's Office of the Republic of Indonesia is clearly contained and regulated in the Regulation of the Attorney General of the Republic of Indonesia Number: PER-006 / A / JA / 07/2017 Regarding the Organization and Work Procedures of the Republic of Indonesia Attorney's Office, where the central point is to conduct escort and securing strategic development; Third, that the application of the application "JAGA DESA" in the scope of Directorate D as an effort to maximize the performance of Directorate D in overseeing the management of strategic development budgets in all regions of the Republic of Indonesia.Keywords: Prosecutor's Office; Corruption Crime; Safeguarding And Supervision Of Development.
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Hussain, Norasmahani. "The Cold War Tension in Greece and the Continuation of British Rule in Cyprus, 1945-1950." SEJARAH 31, no. 1 (June 25, 2022): 106–24. http://dx.doi.org/10.22452/sejarah.vol31no1.6.
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Cyprus officially became a British Crown Colony in 1925. However, the Greek Cypriots had consistently fought for enosis which was a union with Greece. As the biggest population in Cyprus, the Greek Cypriots felt that Cyprus was qualified to be a part of the Greece state; hence they revolted against British rule. This paper will expound on the decision of the British to remain in Cyprus despite the Greek Cypriots’ effort for enosis. The existing literature concerning this issue illustrates that the strategic geographical location of Cyprus, being near to the British communication route to the Middle East and the Eastern Empire, is the apparent reason for the British retaining its sovereign power in Cyprus. The main objective of this paper is to examine the other reason for Britain to remain in Cyprus that is still absent from the literature. This paper has focused on the perspective of British Foreign Secretary Ernest Bevin and his Foreign Office through the method of the archival research of British records such as Bevin’s Private Papers (FO800), the Cabinet Office Papers (CAB), the Foreign Office Papers (FO371), the Colonial Office files (CO), the Defence Ministry Papers (DEFE) and the House of Commons Parliamentary Debate (HANSARD). The finding shows that the Cold War tension in Greece, which was the Greek Civil War (1946-1949), had encouraged Bevin and the Foreign Office to reject any proposals or initiatives that favoured the idea of Cyprus being returned to Greece. There was a possibility of the communist insurgents took over Greece given they had successfully formed a provisional government in northern Greece. Bevin worried that Cyprus would also turn communist if it was ceded to Greece during this crucial time. This matter would also endanger the British geostrategic in Cyprus. This was the most likely event that Bevin wanted to avoid happening.
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Borowicz, Jacek. "Dekonstrukcja wolnego zawodu w systemie totalitarnym na przykładzie regulacji prawnej wykonywania zawodu rzecznika patentowego w Polsce w okresie stalinowskim." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 3 (December 19, 2021): 7–19. http://dx.doi.org/10.19195/2300-7249.43.3.1.
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In Poland before the Second World War, the profession of patent attorney was categorised as one of the so-called liberal professions. Its legal status and rules of practice were compared to the solicitor profession. A patent attorney practiced his profession personally, independently, and autonomously. In order to exercise his profession, he ran an independent patent attorney’s office. In the second half of the 1940s, with the communists taking power in Poland, a radical transformation of the social, political, economic, and legal system of the state along the lines of Stalin’s Soviet Union began. Any social, political, or economic activities characterised by independence and autonomy were thus in axiological contradiction with the ideology of the planned totalitarian state. The Act on the Establishment of the College of Patent Attorneys passed on 20 December 1949 completely abolished the structure of the patent attorney profession as a free profession, exercised in its own name and on its own account. From that moment on, the patent attorney became a civil servant performing their professional activities under strict hierarchical subordination to his superiors. There was no guarantee of their intellectual independence or professional autonomy. The practice of the patent attorney profession was subject to public law. The Patent Attorneys College was in fact another state office. It was organisationally and financially linked to the Patent Office — an administrative body granting legal protection to objects of industrial and commercial property, collecting and making available patent documentation and literature. The president of the Patent Office supervised the Patent Attorneys College. Both the Patent Attorneys College and the Patent Office were supervised by the State Economic Planning Commission. The State Commission for Economic Planning was a kind of super-ministry, tasked with a Soviet-style mission of closely supervising and controlling the entire centralised economy of the Polish state. The chairman of the State Economic Planning Commission also had key powers to influence patent attorneys. It was he who determined the subject of their professional examination, he who appointed a person meeting the statutory requirements to the position of a patent attorney. He could also exempt a candidate for the profession from meeting the requirements as well as appoint the president of the Patent Attorneys College. The Act of 20 December 1949 was repealed with the end of the Stalinist period in Poland. In 1958, the profession of patent attorney was briefly reinstated as a free profession. After that, until the end of the existence of the socialist state called the Polish People’s Republic, patent attorneys performed their profession as employees within the meaning of the labour law. It was not until the fall of communism in Poland that the profession of a patent attorney was re-established as a liberal profession under the provisions of the Act on Patent Attorneys of 9 January 1993.
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Suwardi, Median. "Law Enforcement towards Arrest by Hand Operation in the Prosecutor’s Office of Lampung Province." Corruptio 2, no. 1 (May 3, 2021): 1–12. http://dx.doi.org/10.25041/corruptio.v2i1.2256.
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The purpose of this research is to find out the results of law enforcement activities between the North Lampung District Attorney and the Kepahiang District Attorney and to find out whether the North Lampung District Attorney and the Kepahiang District Prosecutor's Office have fulfilled the principle of legal certainty in the activity of catching the hands of suspected criminal acts committed by non-governmental organizations. This research method uses normative and empirical approaches, namely normative research, which examines laws and theories. The empirical approach is made by looking at the facts and studying the law in the field. The results of the research on arrest activities carried out by the North Lampung District Prosecutor's Office, and the Kepahiang District Prosecutors' Office were carried out based on an order from the respective head of the state prosecutor's office, both the intelligence team and the joint team based on the order of the head of the state prosecutor's office. The difference between the results of law enforcement on the activities of the Attorney General's Office for Handling the arrest of the hands of the North Lampung Police was because the alleged criminal act was a general crime based on the money handed over to the victim, in contrast to the Kepahiang Prosecutor's Office which stated that the criminal act of corruption was due to the villages’ financial (Dana Desa) losses where there are proven state losses. The North Lampung District Prosecutor's Office and the Kepahiang District Prosecutor's Office have legal certainty in the activity of catching hands against non-governmental organizations who are suspected of committing a criminal act. However, the results of these activities are different.
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Volosova, Nonna Yu. "Protection of Professional Rights of Attorneys in the Russian Federation: An Attorney without the Attorney Status." Advocate’s practice 2 (April 1, 2021): 13–17. http://dx.doi.org/10.18572/1999-4826-2021-2-13-1.
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Professional rights protection of a lawyer is a contemporary problem that affects the interests of both a lawyer and his entire legal community. The article is based on the current legislation study and raises the issue of combating individuals who use such concepts as «lawyer», «law office» and other similar terms when advertising their activities and in its implementation. The author of the article notes the negative consequences of these terms dishonest use for the entire legal community and proposes a solution to this problem.
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Volosova, Nonna Yu. "Protection of Professional Rights of Attorneys in the Russian Federation: An Attorney without the Attorney Status." Advocate’s practice 2 (April 1, 2021): 13–17. http://dx.doi.org/10.18572/1999-4826-2021-2-13-17.
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Professional rights protection of a lawyer is a contemporary problem that affects the interests of both a lawyer and his entire legal community. The article is based on the current legislation study and raises the issue of combating individuals who use such concepts as «lawyer», «law office» and other similar terms when advertising their activities and in its implementation. The author of the article notes the negative consequences of these terms dishonest use for the entire legal community and proposes a solution to this problem.
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Nazriyah, Riri. "Pemberhentian Jaksa Agung dan Hak Prerogatif Presiden." Jurnal Konstitusi 7, no. 5 (May 20, 2016): 013. http://dx.doi.org/10.31078/jk752.
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The rules of appointment and dismissal for the attorney generals need to be regulated concretely in the law. It was not done solely by President but must be on the consideration of Parliament. Therefore, the implementation of its truly free from interference and political interests of President. Term of office of the of the Attorney General should be established with certainty to avoid multi-interpretations that would lead to legal uncertainty.
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Asuan, Asuan. "SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DALAM PERJANJIAN KREDIT." Solusi 19, no. 1 (January 1, 2021): 50–66. http://dx.doi.org/10.36546/solusi.v19i1.329.
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Power of Attorney Charging Mortgage Rights (SKMHT) the provision of credit / credit agreement (principal agreement) in a written agreement and the debtor with the creditor's approval, which guarantees the form of land rights and power of attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) ). The power of attorney is special and authentic which must be made before a Notary or PPAT based on the provisions in Article 15 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights. Barriers to the issuance of Power of Attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) are very expensive / high costs and the land of the SKMHT object is not yet a land title certificate / has not been registered at the National Land Agency office.
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Kurniasari, Dian, and Mudasetia Hamid. "UPAYA PENGENDALIAN STRES KERJA DALAM PENINGKATAN KINERJA JAKSA DI KEJAKSAAN NEGERI KLATEN." Jurnal Riset Akuntansi dan Bisnis Indonesia 2, no. 1 (March 30, 2022): 151–63. http://dx.doi.org/10.32477/jrabi.v2i1.429.
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The research objectives are: (1) To determine the performance of the prosecutor at the Klaten District Attorney; and (2) To find out efforts to control work stress in improving the performance of the prosecutor at the Klaten District Attorney. Data collection techniques using observation, interviews and documentation. Interviews were conducted with 17 functional prosecutors serving in the Klaten District Attorney's Office. Data analysis used descriptive qualitative analysis. The results showed: (1) The performance of the Public Prosecutor at the Klaten District Attorney in general was adequate, both from the aspect of the prosecutor's work target and the aspect of work behavior. Based on the aspect of the prosecutor's work target, it is known that the Prosecutor's Office at the Klaten District Attorney has shown a fairly good quantity of work, namely the completion of the target agenda of cases that must be resolved, which on average reaches 2 -3 cases. The quality of their work is also maintained by taking into account the factors of suitability, neatness and completeness in accordance with existing SOPs and regulations. Based on the aspect of work behavior, it is known that the Prosecutor's Office at the Klaten District Attorney has worked with the orientation of providing excellent service to the community and is able to cooperate with colleagues, superiors, work units and other agencies. They also maintain integrity, work with discipline and are able to cooperate with colleagues, superiors, other work units and other agencies. (2) Efforts to control work stress in improving the performance of prosecutors at the Klaten District Attorney are by applying stress management which includes individual handling strategies, organizational handling strategies and social support strategies.
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Tinambunan, Wahyu Donri, and Galih Raka Siwi. "Dinamika Kedudukan Hukum Jaksa sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan." Ajudikasi : Jurnal Ilmu Hukum 6, no. 2 (December 26, 2022): 125–42. http://dx.doi.org/10.30656/ajudikasi.v6i2.4586.
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The paradigm of society against the institution of the Indonesian Prosecutor's Office is generally only in criminally charged cases only. This is because, the role of the Prosecutor is quite central in the criminal law enforcement process. This research uses normative juridical methods by reviewing primary and secondary legal materials, which are then processed and presented to solve the problems that the authors raised in this study. The results and discussion showed, the Prosecutor is not only what is commonly known in the criminal domain, namely the Public Prosecutor, but there is also a State Attorney's Office. The prosecutor as a public prosecutor has the authority to carry out the prosecution and execution of court decisions. Meanwhile, the prosecutor as the state attorney is authorized in the civil and administrative affairs of the state to act through a power of attorney authorized for it both as a plaintiff and a defendant. Second, the latest prosecutor's law provides legal certainty and existence with the inclusion of the phrase "State's Attorney" on the role of the Attorney General in addition to being the highest Public Prosecutor. The conclusion is that the Prosecutor's Office acts not only in the criminal domain, but civil and state governance. The latest Law of the Prosecutor's Office becomes a regulation that is expected to strengthen the authority of the Indonesian prosecutor's institution to enforce the law in Indonesia and strengthen the existence of the Prosecutor as a State Lawyer in the juridical state.
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Gluck, Matthew, and Jack Goldsmith. "Donald Trump and the Clemency Process." Federal Sentencing Reporter 33, no. 5 (June 1, 2021): 297–300. http://dx.doi.org/10.1525/fsr.2021.33.5.297.
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Since the nineteenth century, presidents have largely relied on recommendations from the Office of the Pardon Attorney when granting pardons and commutations. The current process for making clemency recommendations usually takes more than a year. It is governed by Justice Department regulations that outline the factors for consideration of petitions and set forth multiple stages of review. While reliance on pardon attorney recommendations has long been the norm, presidents are not required to use this process. Presidents before Donald Trump had circumvented the pardon attorney. However, no prior president had made the evasion of this process the norm. This article details what appears to be the pardon attorney’s rare involvement in President Trump’s clemency grants.
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Rynkowski, Michał. "Religious Liberty Under the European Convention on Human Rights." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 217–19. http://dx.doi.org/10.1017/s0956618x08001221.
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The eighteenth annual meeting of the European Consortium for Church and State Research took place in Nicosia, Cyprus, in November 2007, the only divided capital city in the world. It was devoted to the question of how national courts respect and apply the European Convention on Human Rights (ECHR), particularly Article 9, in their jurisprudence. The conference gathered representatives of 26 European Union States (all except Malta) and was hosted by Mr Achilles Emilianides of the Cyprus Institute for Church and State Research. The conference was inaugurated in a ceremonial way, by the President of the Republic of Cyprus, the President of the Supreme Court, the Attorney General and the President of the European Consortium, Professor S. Berlingó from Messina.
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Satriadi, Satriadi. "Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System." Al-Bayyinah 6, no. 1 (May 19, 2022): 11–21. http://dx.doi.org/10.35673/al-bayyinah.v6i1.2594.
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This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.
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Antonova, Natalia, Valery Grebennikov, Tatjana Ilina, Victoria Kalinovskaya, and Daniel Petrosyants. "The history of the formation and development of the Attorney Service in the USA." OOO "Zhurnal "Voprosy Istorii" 2021, no. 02 (February 1, 2021): 114–18. http://dx.doi.org/10.31166/voprosyistorii202102statyi13.
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The article examines the history of the creation and development of the Attorney Service in the United States, which has no analogues in other states, but due to its functions in criminal prosecution, it is often referred to the prosecutor’s office. The article deals with the organization and activities of prosecutorial supervision in the United States. The authors analyze the functions of the institution of the prosecutor’s office in the state, highlight the stages of activity and investigate the problematic aspects of the work of the prosecutor’s office. As a result of the analysis, the conceptual historical features of the US Prosecutor’s Office were determined.
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Amiruddin, Amiruddin. "Komnas HAM, Investigating Serious Human Rights Violations." Journal of Southeast Asian Human Rights 5, no. 2 (December 31, 2021): 244. http://dx.doi.org/10.19184/jseahr.v5i2.28118.
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This paper reviews the dynamics and challenges of the investigation conducted by Komnas HAM in accordance with Law No. 26/2000 of the Human Rights Court. In addition, this paper also explains the dynamics between Komnas HAM and the Attorney General as an investigator in Law No.26/2000. A critical related issue is the provision of the authority to investigate the National Human Rights Commission and the Attorney General's Office, which have been a serious obstacle to resolving gross human rights violations in Indonesia. This article also provides an analysis of the likely challenges faced by Komnas HAM in future investigations.
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Hamzah, Adnan, Muhammad Djafar Saidi, and Amir Ilyas. "THE USE OF FORCE MAJEURE BY ATTORNEY AGAINST TAXATION CRIME." Hang Tuah Law Journal 2, no. 2 (October 31, 2018): 182. http://dx.doi.org/10.30649/htlj.v2i2.69.
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<p>This study aimed to see the effectiveness of using force majeure along with the challenges the attorney might encounter against taxation crime. It was a normative study with statute and case approaches. The study was conducted in High Prosecutor General office in Makassar and Directorate General of Tax South Sulawesi. The result showed that the force majeure by attorney against taxation crime might be applied in the form of detention to complete particular documents and conduct an additional investigation before filing the case to the court. The challenges in implementing the force majeure by attorney against taxation crime might come from legal and non-legal factors. The former involved confusing phrase of ‘investigation termination’ by attorney and the light different view on state financial losses between under Corruption Law and under General Act of Taxation, and the later involved the professionalism of attorney and information transparency. </p>
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Syarif, Harmen, Azmi Fendri, and Delfiyanti Delfiyanti. "Transfer of Land Rights Based on the Data Authorization of Selling in Terms of Authority Giver Died in Pekanbaru." International Journal of Multicultural and Multireligious Understanding 6, no. 4 (October 8, 2019): 561. http://dx.doi.org/10.18415/ijmmu.v6i4.1071.
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The transfer of land rights that use the power of attorney to sell as the basis for making the sale and purchase deed by the Land Drafting Official at the Pekanbaru City National Land Agency Office is very much in the interest of the people in Pekanbaru, because in terms of time, procedures, and costs are very practical and efficient. According to the Civil Code, article 1795, the grantor of the power of attorney can be carried out specifically, namely regarding one or more specific interests, or in general, which includes all the interests of the Authorizer. Selling Power is an ability with substitution rights (rights that can be replaced) granted by the owner of the guarantee to the authorized recipient appointed by the owner of the guarantee, to sell to other parties or himself at prices and conditions that are considered both by the guarantee owner and the proxy. The implementation of the transfer of land rights has been regulated in Government Regulation Number 24 of 1997 concerning Land Registration.In practice in the field of the use of the transfer of land rights based on the selling power of attorney, there is no difference as to whether the deed of selling power is still valid or not applicable, because the Office of the National Land Agency in Pekanbaru City only provides conditions for a statement stating that the letter of the authorizer is still alive and the power of attorney deed has never been revoked, which was signed by the power of attorney. In article 1813 to article 1819 the Civil Code has regulated the method of the end of the granting of power. Based on the description above, it will be examined on how the position of the selling power of attorney in the transfer of land rights, how the process of transferring rights to land based on the power of attorney to sell in the event that the authority dies in Pekanbaru, and how the legal consequences of the transfer of land rights based on the power of attorney to sell in the case of the party giving the power of attorney died in Pekanbaru. This research method uses an empirical juridical approach which is a study carried out in terms of applicable laws and regulations and is associated with facts found in the field. The Deed of Sale Authority shall be used as the basis for the process of drafting the Deed of Purchase under the name and at the same time be used as a tool for registering the transfer of land rights at the City of Pekanbaru Land Office. The process of transferring land rights based on the selling power of attorney in the event that the authority dies in Pekanbaru cannot be transferred to the National Land Agency because it is null and void according to articles 1813, 1814, and 1816 Civil Code. As a result of the legal transfer of land rights based on the selling power of attorney where the party who passed away died in Pekanbaru is an act of self-destruction, if you want to continue the transfer of rights must be done first the process of inheritance to the heirs concerned.
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Erika, Frisa, Hudiarto Hudiarto, and Sevenpri Candra. "THE ENHANCEMENT OF STRATEGIC AND OPERATIONAL PERFORMANCE THROUGH ENTERPRISE ARCHITECTURE IN XYZ’S DISTRICT ATTORNEY OFFICES." CommIT (Communication and Information Technology) Journal 7, no. 2 (October 31, 2013): 71. http://dx.doi.org/10.21512/commit.v7i2.587.
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The deteriorating image of law enforcement agencies in serving the needs of nowadays community is making the chiefs of XYZ’s district attorney offices to search the best way so that the law service in their offices can be better. This problem is the general reflection of how bad the public service in law’s field is in our country. For that noble purpose, the chiefs see that there is a chance to use the ability of system and information technology. That system is not only for the necessary needs in district attorney office but it is also combined in the existing process in security and court. The chief of office feels that the enhancement performance will be obtained easier if there is the same system and technology and are designed carefully. Within this paper, the researcher uses the framework of Enterprise Architecture to develop the needed system and technology so that it can be realized strategically and operationally much better and can be accounted. The result is the current time conservative service system and have the quality of office automation systems is gradually planned to change into automation for the next two or three years. Therefore, the connection and the cooperation between the attorney, the police and the court will be more harmonic, thus gradually increased the service to the community.
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Peters, B. Guy, and Alberta M. Sbragia. "PAUL FABIAN MULLEN." PS: Political Science & Politics 43, no. 02 (April 2010): 379. http://dx.doi.org/10.1017/s1049096510000375.
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Paul Mullen passed away at his home in Savannah, Georgia, on December 24, 2009. Paul had been our graduate student and remained our friend. His sense of humor was legendary: mordant, witty, and always to the point. His untimely death brought to an end a life filled with accomplishment. Paul Mullen had managed to fill his life with several careers. His first career had been as an attorney. As well as working in private practice for several years, he also was Assistant Attorney General for the state of West Virginia. He specialized in labor law and was head of the section in the Attorney General's Office responsible for litigation in that field.
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Malovic, Nedim. "EU General Court says that there is no likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’." Journal of Intellectual Property Law & Practice 16, no. 4-5 (April 24, 2021): 291–92. http://dx.doi.org/10.1093/jiplp/jpab044.
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Abstract EU General Court, Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v European Union Intellectual Property Office (EUIPO), T-328/17, EU: T:2021:16, 20 January 2021
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Wahyuningsih, Sri Endah, and Agus Sunaryo. "THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA." Jurnal Pembaharuan Hukum 4, no. 2 (August 15, 2017): 244. http://dx.doi.org/10.26532/jph.v4i2.1701.
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In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.
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Meyler, Bernadette. "Transforming the Theater of Pardoning." Federal Sentencing Reporter 33, no. 5 (June 1, 2021): 293–96. http://dx.doi.org/10.1525/fsr.2021.33.5.293.
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This article describes how President Donald Trump transformed the federal pardon process from a fairly routine bureaucratic mechanism operated by the Office of the Pardon Attorney into a series of personally negotiated and theatrically performed acts. It considers how Trump’s practices have rendered pardoning on the federal level democratically suspect and suggests a mechanism for re-invigorating pardoning as a democratic process.
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Aruasa, Ivy. "Clash of Titans: Streamlining the Complementary Roles of the DPP and the AG in Kenya’s Extradition Procedure." Strathmore Law Review 7, no. 1 (October 13, 2022): 185–209. http://dx.doi.org/10.52907/slr.v7i1.196.
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Extradition encompasses both the administrative bodies and the judicial bodies. The Extradition (Contiguous and Foreign Countries) Act requires that an authority to proceed is issued once the Attorney General receives the extradition request. This is different from what is contained under the 2010 Constitution. Currently, the 2010 Constitution mandates the Director of Public Prosecutions to institute criminal proceedings as opposed to the Repealed Constitution which conferred it on the Attorney General. Hence, courts have interpreted the authority to proceed in extradition to fall within different ambits. For example, in the 2015 case of Samuel Gichuru v Attorney General, the High Court held that this authority fell under the Office of the Director of Public Prosecutions. This was overturned in the 2018 Court of Appeal case, Chrysanthus Okemo v Attorney General, where the authority was to be granted by the Attorney General. However, the Supreme Court in Director of Public Prosecutions v Chrysanthus Okemo (2021) upheld the High Court’s decision. Therefore, this paper sets out to determine and streamline the nature of extradition in Kenya, given that there exist overlapping mandates and lacunae that the law needs to address for a uniform practice of extradition in Kenya.
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Susilo, Susilo, Muhamad Adji Rahardian Utama, and Anita Carolina Rajagukguk. "Legal Assistance of Government Law Office in the Procurement of Goods and Services." Indonesian Journal of International Clinical Legal Education 3, no. 3 (July 31, 2021): 339–52. http://dx.doi.org/10.15294/ijicle.v3i3.48056.
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Procurement of goods/services is an activity to obtain goods/services by other Ministries/Institutions/Regional Work Units/Institutions whose process starts from planning needs to completion of all activities to obtain goods/services. The goods/service procurement activities are financed by the APBN/APBD, either carried out independently or by goods/service providers. The procurement of goods/services is essentially an attempt by the user to obtain or realize the goods/services it needs, by using certain methods and processes in order to reach an agreement on specifications, prices, time, and other agreements. The President of the Republic of Indonesia, in the process of dealing with the Covid-19 pandemic, has given instructions that were forwarded to the Deputy Attorney General for Civil and State Administration through circular number SE-02/G/Gs.2/04/2020 to carry out the stages quickly, precisely, focus integrated and synergistic among Ministries, institutions and local governments in the process of procuring goods and services. In the procurement process in an emergency, there are at least four important phases, namely planning, implementing, settling payments, and auditing. One of the duties and functions of the Junior Attorney General for Civil and State Administration is Legal Considerations consisting of Legal Opinion, Legal Assistance, and Legal Audit. Legal Assistance is a legal service provided by the State Attorney in the form of a legal opinion on an ongoing basis on an activity proposed by the Petitioner and ends with a conclusion on the provision of such Legal Opinion in the form of Legal Assistance Official Report.
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Kurniawan, Iwan, and Riki Afrizal. "Gugatan Keperdataan Oleh Jaksa Pengacara Negara Sebagai Upaya Pengembalian Kerugian Keuangan Negara Karena Korupsi." Nagari Law Review 5, no. 1 (October 31, 2021): 103. http://dx.doi.org/10.25077/nalrev.v.5.i.1.p.103-115.2021.
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Stollen assets recovery is one of the main purpose of eradicating corruption policy in Indonesia. Private lawsuit is one of the mechanisms that can be used to achieve this purpose. This mechanism has been regulated in Law Number. 31 of 1999 as amended by Law Number. 20 of 2001 Concerning the Eradication of Crimes of Corruption. This article analyses the extent to which private lawsuits mechanism in that Law can normatively accommodate the efforts to recover state financial losses due to corruption and the problems faced by State Attorneys in implementing these rules. This study uses both normative and empirical legal research methods. Primary data in this research was carried out by purposive sampling method in several District Attorney offices in West Sumatra. From what has been done, it can be said that the rules regarding private lawsuits in Law no. 31 of 1999 and Law No. 20 of 2001 concerning The Eradication of Crime of Corruption has opened a fairly flexible space for state attorneys to submit private action to recover state financial losses. However, the space provided by these laws and regulations has not been fully utilized by the Attorney General's Office, especially the District Attorney's Office in West Sumatra. There are several problems, both juridical and non-juridical in nature, such as: the problem of proof in the civil case, the misunderstanding of the attorney officer about the rules of private lawsuits in that Law, the problem of tracking assets, and the problem concerning the benefits or profits. In fact, the profits obtained from this private lawsuit do not have a significant impact on efforts to recover state losses.
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Allard, Silas W. "Global and Local Challenges to Refugee Protection." International Journal of Legal Information 46, no. 1 (March 2018): 45–52. http://dx.doi.org/10.1017/jli.2018.10.
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On October 12, 2017, the United States Attorney General, Jeff Sessions, took a short trip from Pennsylvania Avenue across the Potomac to Falls Church, Virginia. The Attorney General went to Falls Church to address personnel of the Executive Office of Immigration Review (EOIR), the agency that administers the United States’ immigration courts. The Attorney General's chosen topic for the day was “the fraud and abuse in our asylum system.” “Over the years,” the Attorney General argued, “Congress has rationally passed legislation designed to create an efficient and fair procedure to properly admit persons andexpedite the removalof aliens who enter the United States illegally.” The Attorney General is referring here to the “expedited removal” procedures that Congress created in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Expedited removal gives the Department of Homeland Security the power to deport, without a hearing, any person who was not admitted to the United States and who cannot prove continuous presence for the prior two years. The Department of Homeland Security currently exercises a narrower expedited removal authority pursuant to the Department's prosecutorial discretion. Only individuals apprehended within two weeks of entry and within 100 miles of a land border are subject to expedited removal, per Department regulations.
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Firdaus, Aras. "Implementation of the Prosecution Process in the Criminal Justice System at the Attorney General's Office." Veteran Law Review 5, no. 2 (November 14, 2022): 162. http://dx.doi.org/10.35586/velrev.v5i2.4349.
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The Prosecutor's Office as one of the law enforcement agencies is required to play a greater role in enforcing the law, protecting the public interest, enforcing human rights, and eradicating corruption, collusion and nepotism. The Prosecutor's Office is the only government agency implementing state power that has duties and authorities in the field of prosecution in law enforcement and justice in the general court environment. This study is to determine the criminal justice system in prosecution in Indonesia, how the criminal justice system in the application of prosecution in Indonesia and How is criminal responsibility as a criminal justice system through prosecution by the prosecutor. The research method uses normative juridical. The results of the study show that the prosecution system must be guided by the principles adopted by countries in the world as the basis for prosecuting. These principles are the principle of legality and the principle of opportunity. Prosecutors are carried out by public prosecutors, and public prosecutors are prosecutors who are authorized by this law to carry out prosecutions and carry out judges' decisions. The conclusion of the study is that the Prosecutor's Office of the Republic of Indonesia as part of the judicial power is pure and free from the intervention of political power by including the Prosecutor's Office of the Republic of Indonesia explicitly in the articles in the 1945 Constitution of the Republic of Indonesia or by revising Law No. 16 of 2004 concerning Attorney.. The crime committed by the suspect will be reviewed by the public prosecutor, the public prosecutor has full authority in carrying out the prosecution. Suspected perpetrators of criminal acts will enter the criminal justice system when there is an arrest and then detained and brought to court so that they can be officially prosecuted.Keywords:Prosecutor; criminal justice; attorney
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Vlasova, M. A. "REFORM OF CHAPTER 7 OF THE RUSSIAN CONSTITUTION IN 2014 AND 2020." Law Нerald of Dagestan State University 38, no. 2 (2021): 30–33. http://dx.doi.org/10.21779/2224-0241-2021-38-2-30-33.
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Constitutional reforms of 2014 and 2020 into Chapter 7 of the Russian Constitution are analyzed was called "Judicial Power" until 2014. The merit of the professor, the Attorney General of the Russian Federation A.I. Kazannik is noted in preserving the institute of the prosecutor's office in Russia.
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Warbrick, Colin, and Dominic McGoldrick. "I. The Use of Force Against Iraq." International and Comparative Law Quarterly 52, no. 3 (July 2003): 811–14. http://dx.doi.org/10.1093/iclq/52.3.811.
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The answer of the Attorney-General Lord Goldsmith to a question in the House of Lords and a paper produced by the Foreign & Commonwealth Office explaining the United Kingdom's position on the legal basis for the use of force against Iraq are reproduced immediately below (from the ‘Latest News’ section, 18 March 2003, of the Foreign & Commonwealth Office website, www.fco.gov.uk). Contextual documentation and comment will be provided in the next Current Developments: Public International Law section in January 2004.
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Kassa, Wondwossen Demissie. "Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused." Mizan Law Review 14, no. 1 (September 30, 2020): 150–60. http://dx.doi.org/10.4314/mlr.v14i1.6.
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Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the assassination of Hachalu Hundessa. The Court accepted the request of the Office of the Attorney General for the holding of preliminary inquiry. While the request of the Office of the Attorney General and the ruling of the court are consistent with the 1961 Criminal Procedure Code, in view of the unique nature of the Ethiopian Preliminary Inquiry, both the request and the ruling adversely affect the right of the accused to a fair trial. The application of the law regulating preliminary inquiry would be a departure from the principle of equality of arms and the right of the accused to confrontation, both of which are elements of the right to a fair trial. It is argued (in this comment) that using evidence obtained during preliminary inquiry against the accused is inconsistent with the FDRE Constitution and relevant international legal instruments.
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Anggraeni, Devianti, and Rangga Sanjaya. "Analysis of the Success of the Personnel Management Information System at the Purwakarta District Attorney with the Delone and Mclean Method." NUCLEUS 2, no. 2 (November 28, 2021): 45–54. http://dx.doi.org/10.37010/nuc.v2i2.442.
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Management information system is an information provider system that is used to support the operating system in the process of returning certain decisions within an institution/organization. The application of technology in government agencies is needed to create an accountable, transparent and trustworthy government. The personnel management information system is a useful application for managing administrative data, based on the Decree of the Attorney General of the Republic of Indonesia Number: KEP-155/J.A/12/1997 concerning the operational organization of the management information system of the Indonesian Attorney General's Office. This study aims to determine the success rate of the personnel management system at the Purwakarta District Attorney's Office using the Delone and McLean information system success model. The variables used in this research are system quality, information quality, service quality and user satisfaction. This research is a type of descriptive analysis research that is used to interpret the data that has been processed quantitatively. Based on the results of the study, there is a successful implementation of the Personnel Management Information System (SIMPEG) using the Delone and Mclean method, the quality of information has a positive and significant impact on user satisfaction of the Personnel Management System (SIMPEG), with a significance value of 0.007 <0.05 and a t value of 2,838 > t table 2,021.
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Subiantoro, Wahyu Danang, and Hari Soeskandi. "KEBIJAKAN KEJAKSAAN AGUNG RI TENTANG PENGHAPUSAN TINDAK PIDANA KORUPSI DI BAWAH 50 JUTA DITINJAU DARI RESTORATIVE JUSTICE." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 1 (April 30, 2022): 503–15. http://dx.doi.org/10.53363/bureau.v2i1.147.
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The Attorney General's Office of the Republic of Indonesia is a public prosecutor's office located in the capital city of the Republic of Indonesia, which is directly responsible under the president and whose jurisdiction covers the territory of the Republic of Indonesia. The Prosecutor's Office of the Republic of Indonesia is a state institution that exercises state power, especially in the field of prosecution. As a body that has the authority to enforce law and justice, the prosecutor's office is led by the Attorney General who is elected by and responsible to the president. The Prosecutor's Office as one of the state institutions in law enforcement is required to play a greater role in upholding the rule of law, protecting the public interest, upholding human rights, and eradicating corruption, collusion, and napotism. Restorative justice is one of the concepts of law enforcement in the settlement of cases that can be used as an instrument of recovery and has been implemented by the Supreme Court in the form of policy enforcement, but its implementation in the criminal justice system in Indonesia is still not optimal. Restorative justice is an alternative for solving criminal cases which in the mechanism of criminal justice procedures focus on punishment which is converted into a dialogue and/or mediation process involving the perpetrator and the victim to create an agreement on the settlement of criminal cases that is fair and balanced for the victims and the perpetrators themselves. . Meanwhile, according to the legal perspective, corruption is an act against the law with the intention of enriching oneself and/or other people, both individuals and corporations that can harm the state, such as bribery, extortion, embezzlement in office, fraudulent acts, conflicts of interest in procurement, and gratuities
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Hussain, Norasmahani. "THE ‘CYPRUS QUESTION’ AND BRITAIN’S DECISION TO LEAVE TURKEY AND GREECE OUTSIDE NATO, 1948-1949." SEJARAH 30, no. 2 (December 6, 2021): 100–115. http://dx.doi.org/10.22452/sejarah.vol30no2.6.
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The North Atlantic Treaty Organisation (NATO) is an intergovernmental military alliance of unusual geographical membership that was signed on 4 April 1949 in Washington D.C. Twelve countries famously became founding members, but Turkey and Greece were surprisingly not included. In point of fact, these two Mediterranean countries were arguably victims that suffered from the ‘aggression’ of the Soviet Union in the early post-Second World War years and had some strong reasons for being included in NATO. The literature usually focuses on the geographical area of Turkey and Greece and a Mediterranean Pact in explaining why Britain refused to invite these countries to join NATO during its formation years. However, when placing more attention to the perspective of British Foreign Secretary Ernest Bevin and his Foreign Office regarding this rejection issue, the ‘Cyprus question’, which refers to a major dispute between Greece and Turkey over Cyprus, also influenced them in tightening Britain’s decision to leave Turkey and Greece outside NATO. This study is using qualitative method like archieval data. The finding of this study shows that British documentary analysis illuminates the degree of influence of the problem of Cyprus on British considerations of western security. In particular, this paper offers analysis of British Foreign Office objections to the admission of Turkey and Greece to NATO before NATO was successfully established. Previous researchers have largely drawn attention to Britain’s general views on the structure and membership of NATO, and on Britain as a major instigator of the alliance. This paper, however, will discuss the ‘objection issue’ towards Turkey and Greece from the point of view of Britain, particularly from the perspective of the ‘Cyprus question’.
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I Made Agus Mahendra Iswara, I Ketut Kartika Widnyana, and Made Gede Arthadana. "KEBIJAKAN PIDANA KEJAKSAAN REPUBLIK INDONESIA DALAM PENANGANAN PERKARA TINDAK PIDANA KORUPSI DENGAN KERUGIAN KECIL (PATTY CORRUPTION) DENGAN PENDEKATAN KEMANFAATAN." Jurnal Hukum Saraswati (JHS) 3, no. 2 (September 30, 2021): 41–55. http://dx.doi.org/10.36733/jhshs.v3i2.2956.
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The first discussion is related to the theoretical study of handling criminal cases through the economic approach of law that the Economic Analysis of Law theory or what is referred to as the application of economic theory to legal analysis is a theory that uses economic concepts to explain the effects of the law itself. Several economic concepts used in the study of criminal law policies are: Cost-Benefit Analysis, Behavioral theory, Efficiency-Pareto Optimal. The second discussion is related to the policy of the Prosecutor's Office of the Republic of Indonesia in handling cases of corruption with small losses (patty corruption) with a benefit approach that the Indonesian Attorney General's Office in carrying out its duties and functions, especially in terms of handling corruption cases, issued several internal regulations related to efforts to eradicate corruption through a beneficial approach, namely: Circular Letter of the Junior Attorney General for Special Crimes Number: B-1113/F/Fd.1/05/2010 dated 18 May 2010, Circular Letter of the Junior Attorney General for Special Crimes No: B-765/F/Fd/04/2018 20 April 2018 May 2018, Circular Letter of the Junior Attorney General for Special Crimes Number: B-945/F/Fjp/05/2018 May 04, 2018.
Pembahasan pertama terkait dengan kajian teoritis penanganan perkara pidana melalui pendekatan economyapproach of law bahwa Teori Economy Analysis of Law atau yang disebut sebagai aplikasi teori ekonomi untuk analisis hukum merupakan teori yang mempergunakan konsep-konsep ekonomi untuk menjelaskan efek dari hukum itu sendiri. Beberapa konsep ekonomi yang dipergunakan dalam kajian kebijakan hukum pidana yaitu : Cost-Benefit Analysis, Behavioral theory, Efisiensi-Pareto Optimal. Pembahasan kedua terkait dengan kebijakan Kejaksaan Republik Indonesia dalam penanganan perkara tindak pidana korupsi dengan kerugian kecil (pattycorruption) dengan pendekatan kemanfaatan bahwa Bahwa Kejaksaan RI dalam pelaksanaan tugas dan fungsinya, khususnya dalam hal Penanganan perkara tindak pidana korupsi mengeluarkan beberapa aturan internal yang berhubungan dengan upaya pemberantasan korupsi melalui pendekatan kemanfaatan, yaitu : Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus Nomor : B-1113/F/Fd.1/05/2010 tanggal 18 Mei 2010, Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus No : B-765/F/Fd/04/201820 April 2018 Mei 2018, Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus Nomor : B-945/F/Fjp/05/2018 Tanggal 04 Mei 2018.
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Sormin, Riawindo Asay, Ediwarman Ediwarman, and Taufik Siregar. "Kajian Hukum Mengenai Prosedur Penanganan Barang Bukti Tindak Pidana Korupsi Oleh Kejaksaan Sebelum Dilimpahkan Ke Rupbasan." Journal of Education, Humaniora and Social Sciences (JEHSS) 4, no. 2 (October 24, 2021): 801–8. http://dx.doi.org/10.34007/jehss.v4i2.748.
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This article or paper aims to review and analyze the legal rules governing the handling of evidence of corruption by the prosecutor's office before being transferred to (Rupbasan), as well as the role of the prosecutor in handling evidence of corruption and policies carried out by the prosecutor in handling evidence of acts of crime. corruption crime. The problem is focused on how the rule of law and the role and policies of the Attorney General's Office in managing evidence. In order to approach this problem, legal systems theory, role theory and policy theory are used as references. The research method in this writing is a normative legal research method. Data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal regulations regarding the handling of evidence of criminal acts of corruption are: Minister of Law and Human Rights Regulation No. 16 of 2014, Regulation of the Chief of the National Police of the Republic of Indonesia No. 8 of 2014, Presidential Instruction No. 2 of 2014, Regulation of the Attorney General of the Republic of Indonesia No: PER-027 / A / JA / 10/2014. The role of the prosecutor in handling evidence, namely: The role of subsection of evidence and the role of subsection of loot. The policies implemented by the prosecutor regarding the handling of evidence include: Policies before being transferred to the state confiscated objects storage house and policies carried out by the Attorney after the court verdict.
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Habib, Ali. "Application of Restorative Justice in Corruption Crime Cases as an Effort to Repay State Losses." Corruptio 1, no. 1 (September 10, 2020): 1. http://dx.doi.org/10.25041/corruptio.v1i1.2069.
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The Handling of corruption now is indeed more oriented to how to put as many corruptors as possible into a Penitentiary, while corruption itself is still rampant. The deterrent effect which is currently no longer felt by corruption convicts while serving prison sentences and the overflow of prisoners who are no longer sufficient, makes the government move quickly and look for a legal breakthrough related to reducing the level of corruption in Indonesia. The Attorney General's Office of the Republic of Indonesia (RI) as one of the Law Enforcement Officers who have the authority to carry out Corruption Criminal Investigations has issued a Circular Letter for the Deputy Attorney General for Special Crimes (SE Jampidsus) Number: B-765/F/Fd.1/04/2018 dated April 20 2018 concerning the Technical Guidelines for Handling Corruption Case Investigation Stage, which in essence the Investigation must be strived to find the amount of State Financial Losses, which meant the cooperative attitude of the parties involved to recover the financial losses of the State, it can be taken into consideration as a non-continuation of the legal process which certainly takes into account certain limitations (restorative justice). The problem is how to apply the restorative justice model in an effort to recover state losses. The research results obtained are, the application of restorative justice methods conducted by the Republic of Indonesia's Attorney General's Office can be optimally used in handling corruption cases specifically for the recovery of state finances and future expectations related to handling cases of corruption in Indonesia.
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Kusworo, Daffa Ladro, and Maghfira Nur Khaliza Fauzi. "Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House." Ius Poenale 3, no. 2 (October 21, 2022): 115–28. http://dx.doi.org/10.25041/ip.v3i2.2714.
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The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, with the settlement of cases solely out of court. Restorative justice-based law enforcement as manifested in all law enforcement agencies, especially the Prosecutor's Office in prosecuting cases based on the Republic of Indonesia Prosecutor's Regulation Number 15 Year 2020 concerning Termination of Prosecution Based on Restorative Justice. The application of the amount required to prosecute restoratives can be applied to the crime of theft as the highest case in Indonesia. This happened because the disrupted economy after the Covid-19 pandemic created a moral crisis with drastic theft crimes in Indonesia. Meanwhile, it was recently discovered that the establishment of a restorative justice house in each jurisdiction of the attorney general's office was found to optimize the resolution of all legal problems by screening cases that go to court, socializing the law to local residents, and being able to develop local wisdom. involving local traditional leaders to emphasize deliberation. This research uses normative legal research methods through the approach of applicable laws and regulations and literature study. The legislative approach is sourced from primary data and literature studies. Then in analyzing the problem, the author uses a descriptive analysis approach by applying the deductive method, namely conclude a general discussion into a specific statement. Of course, the restorative justice house guarantees legal certainty and is an adequate facility in its implementation, moreover the Attorney General's Office has also formed a Quick Response Task Force in maximizing the role of the restorative justice house, by providing input on cases that deserve to be resolved through restorative justice, one of which is the crime of theft. which is happening.
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Maimun, Maimun, and Rudi Santoso. "EXISTENCY ROLE OF THE GENERAL ELECTION SUPERVISORY AGENCY IN LAMPUNG LAW ENFORCEMENT OF THE 2019 ELECTION." PRANATA HUKUM 16, no. 01 (January 31, 2021): 1–12. http://dx.doi.org/10.36448/pranatahukum.v16i01.235.
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The Lampung election supervisory body has performed its role effectively byprocessing these findings and reports. Although, in the process, only one criminal case reached a trial and was decided by the Court. The Lampung general election supervisory body has a number of obstacles faced in prosecuting 2019 Election violations. These include the inadequate role of the Integrated Law Enforcement Center (Gakkumdu). This is due to differences in backgrounds and good views between the General Election Supervisory Agency, the Police and the Attorney General's Office in observing cases of election violations. Another factor is Human Resources. Human resources owned by the General Election Supervisory Agency are still very few, coupled with the number of budgets and inadequate facilities. In the process, only one criminal case has reached trial and is decided by the Court. The Lampung general election supervisory agency has a number of obstacles faced in prosecuting 2019 Election violations. These include the inadequate role of theIntegrated Law Enforcement Center (Gakkumdu). This is due to differences inbackgrounds and good views between the General Election Supervisory Agency, the Police and the Attorney General's Office in observing cases of election violations. Another factor is Human Resources. Human resources owned by the General Election Supervisory Agency are still very few, coupled with the number of budgets and inadequate facilities. In the process, only one criminal case has reached a trial and is decided by the Court. The Lampung general election supervisory agency has a number of obstacles faced in prosecuting 2019 Election violations. These include the inadequate role of the Integrated Law Enforcement Center (Gakkumdu).
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Annisa, Sarah Nur. "KONSEP INDEPENDENSI KEJAKSAAN REPUBLIK INDONESIA DALAM PERSPEKTIF TEORI THE NEW SEPARATION OF POWER BRUCE ACKERMAN." JIL : Journal of Indonesian Law 2, no. 2 (December 30, 2021): 226–48. http://dx.doi.org/10.18326/jil.v2i2.226-248.
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Independence is a must in a state of law (rechtstaat) as stated in article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The independence is inseparable from the theory of separation of powers. The separation of powers theory was developed by Charles Louis de Secondat Baron Montesquieu or better known as the trias politica theory which divides power into three, namely executive power, legislative power, and judicial power. The 1945 Constitution does not explicitly explain the existence of the prosecutor's office, but in Law no. 16 of 2004 which regulates the Attorney General's Office of the Republic of Indonesia places this institution as a "government institution" so that the position of the prosecutor in the Indonesian constitutional system is part of the executive power. This may causes the prosecutor's office to be independent and carry out its duties and functions. This study is a qualitative research, while the research approach used is the legal approach and the conceptual approach. Both the primary and secondary data was collected. The data was obtained through the 1945 Constitution, Law no. 16 of 2004, journals and books related to topic of research. The theoretical framework was applied to examine the concept of the independence of the Indonesian Attorney General Office by using the theory of The New Separation of Powers, which was initiated by Bruce Ackerman. In his theory, Ackerman divides powers into five, one of which is Independent Agencies. The result of this study showed that the position of the prosecutor's office is institutionally under executive power as stated in the prosecutor's law and regarding the ideal concept of prosecutor's independence in the Indonesian constitutional system which is analyzed through the theory of The New Separation of Power, namely by placing the prosecutor's office as an independent state institution that free from executive influence, broadly speaking, the placement of independent state institutions (Independent Agencies) is a separate branch of power out of the trias politica concept.
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Ronaldi, Ronaldi, and Yolanda Leorenza Zahro. "Pelaksanaan Eksekusi Barang Rampasan Perkara Tindak Pidana Umum Dengan Cara Penjualan Langsung Pada Kejaksaan Negeri Palangka Raya." MORALITY: Jurnal Ilmu Hukum 8, no. 2 (December 27, 2022): 161. http://dx.doi.org/10.52947/morality.v8i2.301.
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Abstract:
TThis article aims to find out and understand the implementation of the execution of the booty as well as the obstacles faced by the Executor Prosecutor in carrying out the execution of the booty in general criminal cases by direct selling of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney. The research method uses empirical juridical research methods, namely research that examines the implementation or implementation of positive legal provisions and what happens in people's lives. The results of the research are, 1. The execution of booty in general criminal cases by way of direct sales of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney is in accordance with the Republic of Indonesia Prosecutor's Regulation Number 10 of 2019, but in its implementation it is constrained for buyers in direct sales in the form of motorized vehicles when they want to apply for the registration process of motorized vehicles resulting from direct sales which are rejected by the local police. 2. Obstacles faced by the Executing Prosecutor in carrying out the execution of the confiscation of general criminal cases by means of direct sales of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney's Office there are technical obstacles, namely, related to the completeness of the case file and legal obstacles. namely, the regulations of the Prosecutor's Office and the Police regarding the registration requirements of motorized vehicles resulting from direct sales are contradictory.
Keywords : Implementation Excution, Booty, Palangka Raya District Attorney
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RAIS, SUARDI. "Audit of state losses by the Gorontalo attorney general in a corruption case." Jurnal Hukum Volkgeist 3, no. 2 (April 10, 2019): 120–26. http://dx.doi.org/10.35326/volkgeist.v3i2.120.
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In the process of proving Corruption Crime, it must fulfill the three elements contained in corruption, one of the elements of which is the loss of state finances as well as the Corruption Act. To prove the State's loss, the institutions that are authorized to audit the results of State losses will be involved. In this case the Supreme Audit Agency (BPK). As in Law No. 15 of 2006 and other institutions regulated outside the constitution, based on Circular of the Chief of the Supreme Court Number 4 of 2016, and based on the Decision of the Constitutional Court Number. 31 / PUU-X / 2012. But in some of the decisions of the Corruption Criminal Court, the process of proving the loss of state finances was carried out by the Gorontalo High Prosecutor's Office who did not have the authority to audit state financial losses in cases of corruption
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Davis, Gregory G. "Malpractice in Pathology: What to Do When You Are Sued." Archives of Pathology & Laboratory Medicine 130, no. 7 (July 1, 2006): 975–78. http://dx.doi.org/10.5858/2006-130-975-mipwtd.
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Abstract A malpractice suit arises when a patient brings legal charges against a physician for suffering that the patient claims to have endured because the physician failed to provide appropriate care. Suffering usually encompasses a measure of misdiagnosis and of rude treatment of the patient by medical staff. Polite treatment of all patients by all laboratory staff will prevent some disputes from ever forming, thus preventing some charges of malpractice. Even if a patient is treated rudely, that rudeness alone is insufficient to justify a charge of malpractice. Attorneys must follow legal guidelines to determine whether the physician's actions caused actual damage. As soon as a physician is served notice of a lawsuit, the physician must notify the office that insures him or her against claims of malpractice (eg, the office of risk management or the physician's malpractice insurance carrier). Being sued creates an overwhelming urge to talk about the case, but a physician who has been sued must not talk to anyone about the lawsuit or the case involved. Conversations about the lawsuit may only safely be had with the attorney who will defend the physician against the charge of malpractice. Despite any frustrations with the legal system, the physician must work with and even trust the attorney handling the defense. It is possible to overcome a charge of malpractice, but not if the physician creates an indefensible situation by committing fraud. Examples of fraud are changing the medical record or destroying the pertinent microscope slide.
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Yudha, Gema. "LEMBAGA DEPONERING SEBAGAI IMPLEMENTASI ASAS OPORTUNITAS PERKARA PIDANA DI INDONESIA." UNES Law Review 2, no. 3 (July 1, 2020): 331–45. http://dx.doi.org/10.31933/unesrev.v2i3.126.
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Deponering or exclusion of a criminal case for the sake of interest is the authority of the Attorney General of the Republic of Indonesia in accordance with the provisions contained in Article 35 sub c of Law No. 16 of 2004 concerning the Basic Provisions of the Attorney General's Office of the Republic of Indonesia, as well as their explanations. Leaving aside the case as referred to in this provision is the implementation of the principle of opportunity in which a case (criminal act) when it is submitted to a trial is expected to cause a shock in the community or by trial the case will have a negative effect on the wider community, as happened in the case of Bibit Samad Rianto and Chandra M. Hamzah that occurred in 2009 until 2011. The problem studied was about the position of deponering institutions as the implementation of the principle of opportunity by the Attorney General and what were the reasons for the Attorney General to decide on deponering of Bibit Samad Rianto and Chandra M. Hamzah cases? This research is supported by primary data secondary data in the form of interviews with the parties in the Center for Research and Development of the Attorney General's Law. From the results of research and analysis obtained that the existence of deponering institutions as the implementation of the principle of opportunity by the Attorney General is a prosecution must be done if formal requirements have been met and must also be deemed necessary in the public interest, so that the prosecutor will not demand a case before the elements of public interest has been fulfilled. And the reason the Attorney General decided to deponering the Bibit Samad Rianto and Chandra M. Hamzah case was based on the consideration that if the case in the name of the suspects Bibit Samad Rianto and Chandra M. Hamzah was transferred to the court, it would have the effect of disturbing the performance of the Corruption Eradication Commission (KPK). as well as managerial in carrying out their duties and authorities, so as to prejudice the public interest, namely the interests of the nation, state or society and also in order to protect efforts to eradicate corruption as a whole.
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Syamsudin, Moch, and Dwi Nensy Permata Soeyoto. "Kewenangan Notaris Terhadap Akta Kuasa Jual Sebagai Tindak Lanjut Dalam Ikatan Jual-Beli." SALAM: Jurnal Sosial dan Budaya Syar-i 9, no. 3 (May 23, 2022): 801–12. http://dx.doi.org/10.15408/sjsbs.v9i3.26167.
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The transfer of land rights cannot be separated from the Sale and Purchase Agreement, which is usually accompanied by a Power of Sale. Based on the Minister of Home Affairs Number 14 of 1982 in conjunction with Article 39 paragraph 1 letter d the Selling Authorization is prohibited by the sanction of the process of turning his name rejected by the land office. Based on the description above, it will be investigated why the selling power of attorney is still made by a notary even though there are provisions that prohibit it and how legal protection is for the parties who have made the transfer of land rights by using the selling power. This research is a normative juridical research that is researching legal literature materials, equipped with legal and conceptual approaches. The results of the study, that the making of a Notary Sale and Purchase Agreement deed is not only limited to expressing the will of the parties. Based on Article 16 number (1) letter a UUJN, a Notary has the obligation to protect the interests of the parties in it by making a selling power of attorney. However, the problem is that the Land Office often refuses to process the name transfer if the Sale and Purchase Deed made by the PPAT is based on a Selling Authorization. To avoid this, the Notary inserts a selling power of attorney clause in the Sale and Purchase Agreement. From this conclusion, it is suggested that the selling power of attorney be handled wisely by the land office.Keywords: Power of Sale, Pijb, Transfer of Name AbstrakPengalihan hak atas tanah tidak lepas dari Perjanjian Ikatan Jual Beli, yang biasanya diiringi dengan Kuasa Jual. Berdasarkan Menteri Dalam Negeri Nomor 14 Tahun 1982 jo Pasal 39 ayat 1 huruf d Kuasa Jual dilarang dengan sanksi proses balik namanya ditolak oleh kantor pertanahan. Berdasarkan uraian di atas, akan diteliti mengapa Kuasa Jual tetap dibuat notaris meskipun terdapat ketentuan yang melarang dan bagaimana perlindungan hukum terhadap para pihak yang melakukan peralihan hak atas tanah dengan memakai kuasa jual. Penelitian ini merupakan penelitian yuridis normatif yakni meneliti bahan hukum pustaka, dilengkapi dengan pendekatan undang-undang dan konseptual. Hasil penelitian tersebut, bahwa pembuatan akta Perjanjian Ikatan Jual Beli Notaris tidak hanya sebatas menuangkan kehendak para pihak saja. Berdasarkan Pasal 16 angka (1) huruf a UUJN, Notaris mempunyai kewajiban melindungi kepentingan para pihak di dalamnya dengan cara membuat kuasa jual. Namun kendalanya yaitu Kantor Pertanahan seringkali menolak untuk proses balik nama apabila Akta Jual Beli yang dibuat PPAT didasari dengan Kuasa Jual. Untuk menghindari hal tersebut, Notaris menyisipkan klausul kuasa jual dalam Perjanjian Ikatan Jual Beli. Dari kesimpulan tersebut disarankan agar kuasa jual disikapi secara bijaksana oleh kantor pertanahan.Kata Kunci: Kuasa jual; PIJB; Balik Nama