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1
Prujiner, Alain. "L’injonction, voie d’exécution forcée des obligations de faire." Revue générale de droit 20, no. 1 (March 28, 2019): 51–64. http://dx.doi.org/10.7202/1058511ar.
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Les circonstances historiques de l’introduction de l’injonction en droit québécois en ont rendu l’usage difficile comme voie d’exécution forcée des obligations de faire à cause de l’influence pertubatrice des règles de common law. Il s’agit cependant de la seule procédure générale dont les juges disposent à cette fin. L’exécution en nature, pourtant prévue par le Code civil, n’a donc pu s’imposer que très partiellement. Les tribunaux ont cependant commencé à se dégager des approches restrictives antérieures en accordant des injonctions obligeant à respecter des engagements commerciaux complexes. Mais l’interférence des règles anglaises persiste et rend difficile la création d’une jurisprudence claire. Pour y parvenir, il est proposé de dissocier l’injonction de l’outrage au tribunal qui pourrait être remplacé par une sanction civile. La spécificité de l’injonction québécoise comme procédure d’exécution forcée serait alors plus affirmée.
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Anoraga, Surya. "HARMONISASI PERDA NOMOR 4 TAHUN 2011 TENTANG RTRW KOTA MALANG DENGAN PERUNDANG-UNDANGAN BIDANG LINGKUNGAN HIDUP." Jurnal Ilmiah Hukum LEGALITY 25, no. 2 (July 14, 2018): 232. http://dx.doi.org/10.22219/jihl.v25i2.6004.
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Law that positively regulates the imposition of civil sanctionx, administrative sanctions and criminal sanctions as regulated in Law Number 26 of 2007 on Spatial Planning and more on the local regulation Malang No. 4 of 2011 on Spatial Planning Malang Year 2010- 2030 (RTRW). Administrative and criminal sanctions as a sanction premium remedium while criminal sanctions as a sanction ultimum remedium. Former Act and regulation are still not meticulous in designing/forming. That is evidenced still weakness in some of the provisions in the legislation are still related to civil sanctions, administrative and ceiminal. The legislator has not been meticulous in making decisions RTRW. Hence it need for harmonization between laws and regulations both at the level of local regulations and at the level of the Act.
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Morissette, Yves-Marie. "Aspects historiques et analytiques de l’appel en matière civile." Wainwright Lecture 59, no. 3 (May 21, 2014): 481–556. http://dx.doi.org/10.7202/1025138ar.
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Une première partie historique sur les origines lointaines des droits anglais et français évoque les raisons institutionnelles et intellectuelles de la lente émergence de l’appel en Angleterre avant 1875. On observe le contraire en France. D’abord conçue comme sanction infligée à des juges fautifs, cette voie de recours s’est transformée en un moyen de corriger des erreurs dans les décisions de justice. Mais cette notion d’erreur évoluera sensiblement à travers le temps. Au Québec, l’appel prend forme entre 1763 et 1849, année de la création d’une véritable cour générale d’appel. La seconde partie du texte aborde certaines difficultés analytiques que soulève l’appel en droit moderne. Une utilisation sensée des ressources judiciaires dans un système de souche anglo-américaine implique que l’appel serve à autre chose que refaire les procès. Aussi le droit positif use-t-il de diverses techniques pour qu’un dosage optimal s’opère entre trop ou trop peu de pourvois. La distinction entre le droit et le fait sert ici de notion régulatrice. Elle a inspiré d’intéressants travaux théoriques que commente l’auteur. Au vingtième siècle, sous l’impulsion du mouvement American Legal Realism, une nouvelle conception de l’appel s’impose et permet de préciser le rôle des cours d’appel dans l’élaboration et l’ordonnancement du droit. Un objectif prospectif de consolidation de la cohérence normative se substitue à l’idée évanescente d’erreurs à réformer. Mais, s’agissant de la technique de l’appel, des différences de taille demeurent entre systèmes de droit occidentaux, comme le démontre par exemple la place faite à l’oralité dans les débats.
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Kołodko, Piotr. "‘LEX CALPURNIA DE PECUNIIS REPETUNDIS’ I JEJ ZNACZENIE DLA EWOLUCJI RZYMSKIEGO PRAWA KARNEGO." Zeszyty Prawnicze 11, no. 1 (December 21, 2016): 137. http://dx.doi.org/10.21697/zp.2011.11.1.08.
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THE LEX CALPURNIA DE PECUNIIS REPTETUNDIS AND ITS INFLUENCE ON THE EVOLUTION OF ROMAN CRIMINAL LAW Summary This paper concerns the contribution to Roman Criminal Law which has been undoubtedly done by lex Calpurnia de pecuniis repetundis. There is a possibility of presenting three aspects of the influence. The establishment of a first standing court (quaestio perpetua) should be perceived as a most outstanding achievement of the lex Calpurnia de pecuniis repetundis. In the later period (until Sulla dictatorship) quaestio perpetua de repetundis was treated as an example for the other standing courts and each of them were established by lex (or plebiscitum) to deal with one crime (or group of crimes). This solution has enabled a creation of a few standing courts which gradually deprived the Assemblies of the People (also concilia plebis) of competence concerning to penal practice. The other aspect of the influence concentrates on procedure that has been used during the trials in quaestio perpetua. It can be observed that the private law (ius civile) put emphasis on the character of the standing court established by lex Calpurnia. Quaestio perpetua did not have all features of criminal court (procedure legis actio sacramento in personam). On one hand it seems quite natural to take advantage of private law. There has not been any penal procedure that could have been adopted to the quaestio perpetua. Perhaps the civil procedure (legis actio sacramrnto in personam) was merely reasonable one for application in the standing court. On the other hand it cannot be rejected that the choice of legis actio sacramento in personam had to disable everyone without Roman citizenship to act as a plaintiff. It is worth remembering that the other standing courts had also something in common with private law (e.g. litis aestimantio mentioned in the lex Acilia repetundarum). The third possible influence on Roman criminal law can be seen in the character of provision of lex Calpurnia. It is beyond any doubts that the lex had provisions referring to procedure (above mentioned legis actio sacramento in personam), but it is not certain that there were a sanction (sanctio) which had a typical of penal character. The rogator established a sanctio as in simplum which proves that kind of sanction had not been commonly used in the Roman criminal law. It is very difficult to explain why such a santio had been put to the lex Calpurnia. One of the possibilities of solving this mystery regards the rogator as a weak person who was not able to enforce harsher penalty. It should be also taken into account that some objections may raise during the process of passing a law. The upper class of populus Romanus were not interested in establishing a harsher sanction. Having considered the overall arguments the lex Calpurnia de pecuniis repetundis had a great influence on the Roman criminal law. The first standing court (quaestio perpetua de repetundis) became an example for the other established later. The legal acts subsequent to lex Calpurnia had totally changed the Roman criminal policy where the preponderance of courts were the quaestiones perpeta
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Deslongchamps, André. "Paramètres d'un véhicule procédural efficace." Les Cahiers de droit 40, no. 1 (April 12, 2005): 141–49. http://dx.doi.org/10.7202/043535ar.
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Depuis longtemps, l'on souhaite que le juge joue un rôle accru non seulement dans la gestion du dossier, mais aussi dans la gestion du litige lui-même. La formule à laquelle on se réfère le plus souvent porte le vocable de case management. Si cette façon de procéder comporte des avantages, elle entraîne également des inconvénients majeurs. Une autre façon de mettre en évidence un véhicule procédural efficace consiste à déterminer les caractéristiques du type de gestion que l'on recherche. Ce véhicule, doublé de paramètres clairs quant aux détails de rigueur auxquels seraient assujettis différents recours et de pouvoirs d'ordonnance qui seraient conférés au juge avec sanction appropriée en cas de non-respect, pourrait constituer l'un des axes autour duquel s'articulerait une réforme de notre procédure civile.
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Radtke, Mitchell, and Hyeran Jo. "Fighting the Hydra." Journal of Peace Research 55, no. 6 (August 31, 2018): 759–73. http://dx.doi.org/10.1177/0022343318788127.
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In the past 25 years, the United Nations has sanctioned 28 rebel groups in 13 civil wars. Have the UN sanctions been effective in meeting the goal of conflict reduction? In this article, we argue that UN sanctions are effective to the extent that they can constrain and weaken some rebel groups. But this constraining effect can only occur when UN sanctions curtail rebel groups’ ability to adapt. For less adaptable groups, UN sanctions can trigger a causal chain of depressed rebel income, territorial losses, and battlefield defeats that leads to conflict reduction. This adaptability is the key to the understanding of UN sanctions’ effectiveness in conflict reduction, as rebel groups often engage in illegal and criminal economic activities and many of them are ‘Hydra-like’, being able to shift their income sources in response to sanction measures. As evidence of how UN sanctions can trigger these conflict dynamics, we first perform negative binomial regression on all civil war cases. We then proceed to provide more detailed evidence for our causal chain by conducting time-series intervention analysis on two sanctioned rebel groups: UNITA in Angola and al-Shabaab in Somalia. Our work is the first systematic quantitative analysis of UN sanctions’ effects on rebel groups, and the results have implications for the viability of economic coercion as a means to intervene into civil conflicts.
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Brunelle, Christian, and Mélanie Samson. "L’exclusion de la preuve obtenue en violation du droit à la vie privée des salariés : à chacun sa vérité ?" Les Cahiers de droit 54, no. 2-3 (August 5, 2013): 223–53. http://dx.doi.org/10.7202/1017612ar.
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Dans l’état actuel du droit, la Charte des droits et libertés de la personne est l’objet d’une interprétation qui nie toute possibilité, pour un salarié, d’obtenir l’exclusion d’une preuve civile obtenue en violation de son droit au respect de la vie privée par l’employeur. C’est plutôt le Code civil du Québec qui permet aux salariés de bénéficier de ce type de sanction, laquelle est cependant interprétée restrictivement parce qu’elle est perçue comme une exception à la règle voulant que la preuve de tout fait pertinent soit recevable. Outre la lecture parfois étroite que les tribunaux font du droit à la vie privée dans le contexte du travail, ils tendent quelquefois à considérer l’atteinte à ce droit justifiée, même dans des cas où l’employeur ne disposait pas, dans les faits, de motifs raisonnables pour exercer une surveillance clandestine. Cela étant, si une telle démarche intuitive de l’employeur révèle, a posteriori, que le salarié est bien l’auteur d’un acte de déloyauté, l’exclusion de la preuve est presque invariablement refusée par souci d’assurer le triomphe de la vérité. Dans ces conditions, le droit au respect de la vie privée paraît à ce point fragilisé que sa protection commanderait une intervention du législateur ou, à défaut, un réalignement jurisprudentiel de nature à imposer un meilleur équilibre entre les droits respectifs des parties.
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Silalahi, Enriko, and Akhmad Khisni. "Legal Review Of Malpractice Notary In The Notary’s Deed." Jurnal Akta 5, no. 3 (September 5, 2018): 647. http://dx.doi.org/10.30659/akta.v5i3.3237.
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Article 84 and Article 85 of Law No. 2 year 2014 on the amendments to the Act No. 30 year 2004 concerning Notary Public Official, when a Notary in performs his official duties and is proven to have committed a violation, the Notary may be subjected or sanctioned. The sanction is in the form of civil sanction, administration, and code of ethics of Notary. Besides, if a Notary commits a criminal offense, a criminal sanction may be imposed to him.The purpose of the research was to find out the malpractice of the Notary in the Notary deed, and to find out the role of the Regional Supervisory Board (MPD) in supervising Notaries who carry out malpractice actions.This study used a juridical-normative approach derived from the collection of primary data and secondary data, then they were analyzed by qualitative analysis methods. Data collection techniques used was library studies with qualitative data analysis.The result of the research showed that UUJN does not mention the existence of sanction punishment but a legal action against the violation done by Notary. It invites elements of forgery over intent/negligence in making authentic letter/deed which contains false facts. After administrative sanction/professional code of ethics Notary and civil sanctions, as well as qualified are as a criminal act committed by a Notary. If the notary is proven to have been involved in intentionally committing a crime of forgery of an authentic deed the sanction will be given to him/her.Suggestion to lawmakers to anticipate the different interpretations of the law can be done quickly, so that malpractice Notary will never occur again.Keywords: Sanctions; Notary; Malpractice; Accountability
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Utama, I. Made Arya, and I. Nengah Suharta. "The Challenges of Water Pollution: Enforcement of Water Pollution Control." Hasanuddin Law Review 4, no. 1 (April 14, 2018): 81. http://dx.doi.org/10.20956/halrev.v4i1.1414.
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Water demand continues to increase, while its availability was increasingly limited due to pollution. Therefore, the issue of legal sanction in the management of water resources was interesting to be examined because of the void of norm related to the sanction of administrative, civil and criminal sanction in Article 87-120 of Act Number 32 of 2009. So, this research was qualified into normative legal research with legal material from result of library research. The type of administrative legal sanctions were more effectively applied to protect water resources from pollution. Administrative Legal Sanction was not implemented through the judges, more easily and quickly implemented in providing protection against water resources, compared with sanctions of Criminal Law and Civil Law.
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Moonti, Roy Marthen, and Irwan Polidu. "Penerapan Peraturan Sanksi Disiplin Bagi Aparatur Sipil Negara di Lingkungan Pemerintah Daerah Badan Kepegawaian Daerah Kabupaten Gorontalo Utara." Gorontalo Law Review 1, no. 1 (April 23, 2018): 1. http://dx.doi.org/10.32662/golrev.v1i1.154.
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Implementation of disciplinary sanction regulation for state civil apparatus within the local government of regional civil service employee education and training in northern gorontalo and Constraints faced by the Regional Personnel Board of Education and Training Kabupaten Gorontalo Utara in increasing the application of disciplinary sanction regulation for the State Civil Apparatus. To know the implementation of disciplinary sanction regulation for civil state apparatus in the local government of civil service agency of education and training area of north gorontalo district and to know the obstacles faced in Regional Personnel Board of Education and Training of North Gorontalo Regency in increasing the application of disciplinary sanction regulation for State Civil Apparatus. This type of research is descriptive normative research that is a research that emphasizes on the real condition of the field which then synced on the rules - the rule of law, rule of law law, the opinions of scholars and regulations related to the research. This research was conducted to obtain information, explanation and data on the application of disciplinary sanction regulation for civil apparatus of state environment of local government of north gorontalo district. the application of disciplinary sanction regulation for state civil apparatus within the local government of the regional civil service agency of education and training of northern gorontalo district is in accordance with prevailing provisions, namely PP. 53 of 2010 on the discipline of civil servants and obstacles encountered in the Regional Personnel Board Education and Training District of North Gorontalo in increasing the application of disciplinary sanctions regulation for the State Civil Apparatus that is the length of the reporting process from the prosecutor to the Regional Personnel Board of Gorontalo Utara for specific disciplinary sanctions the case of a criminal offense. The mistake is due to the State's Civil Apparatus itself, which lacks the discipline of the civil state apparatus, the duration of the disciplinary sanction process itself due to the length of the process of applying disciplinary sanction regulation in accordance with pp 53 of 2010.
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O. Odeku, Kola, and Simbarashe R. Gundani. "Accentuating criminal sanctions for environmental degradation: issues and perspectives." Environmental Economics 8, no. 2 (June 9, 2017): 28–37. http://dx.doi.org/10.21511/ee.08(2).2017.03.
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This article examines the need to enforce criminal sanctions for environmental crimes being perpetrated daily, particularly by those who engage in mining and extractive ventures. In South Africa, more often than not, the sanctions for environmental crimes are usually premised on civil suits or administrative actions against the perpetrators. However, these sanctions have not been effective in dissuading perpetrators from environmental harm and degradation because they have the financial means to settle any claims or fines imposed by the courts or the administrative tribunals. It is against the backdrop of this culture of deliberate impunity that this article accentuates the need to strengthen sanctions against perpetrators by imposing criminal sanctions in order to serve as deterrent. A precedent was set by the court in the case of Blue Platinum Ventures (Pty) Limited and Maponya, where the court emphatically invoked and applied criminal sanction against the defendant and was held criminally liable for degrading the environment. The case is a landmark, as it sets a new precedent, where the perpetrator was criminally sanctioned. Countries like United States of America and Australia have been successful in criminal sanctioning of environmental crimes; many mining and extractives companies’ executives and managers have been criminally sanctioned and sent to jail. This article looks at the jurisprudence from these jurisdictions and draws useful lessons that could be used to strengthen prosecution and conviction of perpetrators in South Africa.
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Dzera, I. "THE SYSTEM OF CIVIL SANCTIONS IN THE GENERAL PART OF THE CIVIL CODE OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 112 (2020): 17–23. http://dx.doi.org/10.17721/1728-2195/2020/1.112-3.
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In this article the norms of Books 1–3 of the Civil Code of Ukraine are examined in order to determine civil sanctions and their system. The au- thor stipulates that in the Civil Code of Ukraine there is no definition for the specific term "sanction" and its types, except for Article 354, which states only one type of the sanction, that is, confiscation. These gaps lead to the problems in determining the grounds for the application of certain measures of coercive nature and impede the effective protection of subjective civil law rights which are violated. A critical analysis of existing classifications of civil sanctions is carried out, and an author's classification of the General Part of the Civil Code's sanctions is proposed, depending on the types of legal relationships governed by it. For the purposes of such classification, the author considers the subjective composition of the legal relationship, the focus on the restoration of the subjective civil law right, which is violated, or on the compensation of the harm caused, and the consequences of civil sanctions application. A thorough analysis of the norms of Books 1-4 of the Civil Code is carried out in order to identify the norms containing civil sanctions. Thus, in the first three chapters of the Civil Code there is a lack of the norms containing civil sanctions. At the same time, Chapter 4 of the Civil Code is distinguished by the variety of civil sanctions that are proposed to be considered as civil sanctions that limit or impede the personal civil status of an individual in the circumstances specified in Articles 36, 37, 39, 41, 43, 46, 47, 481. Other provisions of the same chapter contain sanctions that restore the civil status of an individual, which causes him or her to have positive legal effects (Articles 38, 42) related to the restoration of the civil capacity of an individual whose civil capacity has been is limited or recognized as incompetent. On the basis of the conducted research of the norms of the Civil Code, it is concluded that the diversity of civil legal sanctions in different chapters of the Civil Code, which have different directions and consequences of their application, despite the absence of their direct name "sanctions".
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Asih, Mochamad Moro, and Tunjung Fitra Wijanarko. "Fungsi Hukum Nota Kesepahaman Sebagai Perikatan Perjanjian Menurut Kitab Undang-Undang Hukum Perdata (KUH Perdata)." SUPREMASI HUKUM 17, no. 1 (March 26, 2021): 78–93. http://dx.doi.org/10.33592/jsh.v17i1.1174.
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The position of the Memorandum of Understanding on Indonesian Civil Law, as a written form of understanding between the parties, is not a law based agreement. In consequences, no sanctions applied for those parties whose denying (the agreement(s), but on moral sanction. However, a Memorandum of Understanding that does not have a compelling legal force can have it sanctions for any parties involved. The strength to binding (parties) of the Memorandum of Understanding according to agreement law in Indonesia is found on Indonesian Civil Code, equate a Memorandum of Understanding with an “agreement”. Article 1338 of Indonesian Civil Code states that every agreement made, legally binding as a law for the parties who made such agreement (Pacta Sunt Servanda), but if the legal elements of the agreement in Article 1320 Indonesia Civil Law are not fulfilled, then the Memorandum of Understanding is anulled and void by law, and has no legal force.
Keywords: Memorandum of Understanding, agreement, sanction, Code of Civil Law
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Brienen, Marion, Ernestine Hoegen, and Marc Groenhuijsen. "Evaluation and Meta-Evaluation of the Effectiveness of Victim-Oriented Legal Reform in Europe." Criminologie 33, no. 1 (October 2, 2002): 121–44. http://dx.doi.org/10.7202/004710ar.
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Abstract The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the Council of Europe's Recommendation (85) 11 on the Position of the Victim in the Framework of Criminal Law and Procedure are important documents that reflect an international consensus on legal rights for victims. In many European jurisdictions, such victims' rights have been introduced or improved upon. However, they are often not used as intended or remain virtually dormant. The UN has therefore adopted a Resolution and drafted a manual on ways to facilitate effective implementation. In addition, certain jurisdictions have proved sensitive to implementation problems. The Netherlands, for example, put the new Victim Act into effect on an experimental basis in two legal districts to carefully evaluate the effects of new provisions, and to apply the resulting knowledge when expanding its territorial scope. However, more sophisticated instruments are needed to set implementation parameters at a supra-national level. To this effect, we conducted a comparative study of both a legal and empirical nature in 22 member states of the Council of Europe. The study revealed, inter alia, critical factors of failure or success. The workings of these critical factors in the implementation of Recommendation (85) 11 are demonstrated by drawing upon illustrations taken from the reality of certain jurisdictions. The examples are subdivided into four major themes: information, compensation, treatment and protection. As the second guideline of Recommendation (85) 11 expresses, the creation of a formal duty for the police to provide victims with information about the possibilities of obtaining assistance, legal aid and compensation is vital. However, in half of the jurisdictions, no such reform has been implemented. Our study reveals that critical factors of failure are, among other things, a widespread conceptualization of the victim as an alleged victim and the creation of an information duty for the judicial authorities instead of for the police. In jurisdictions where an information duty has been created, failure depends, first of all, on whether the police are content with a symbolic fulfillment of this task. Critical factors needed to improve successful implementation are the creation of organizational incentives, monitoring systems, and systematic referral to victim support, legal aid and social or counseling services. A final step to improve implementation of information duties would be financial compensation earned for victim-related activities carried out by the police and other authorities. Concerning compensation, research reveals that the compensation order, particularly the English one, is more successful than the partie civile model or the Dutch compensation measure. The most important critical factor of success of the compensation order is that it is a penal sanction, enforcable by the state. This means that civil liability is not a prerequisite and that the court can order an amount of compensation it considers appropriate while taking the financial capacity of the offender into account. Furthermore, the court is obliged to consider making a compensation order and to explain why it was not imposed. A critical factor of failure of the partie civile model is that it includes an easy escape clause: claims can be referred to civil court. A critical factor of failure of the compensation measure is that it is a penal sanction governed by civil law. In practice, it resembles the traditional partie civile model: the two are blended into one. The way victims are treated by criminal justice authorities can be improved by providing victim-awareness training. A critical factor of failure is to only train recruits. Training is only effective if it is extended to incumbent personnel. Giving refresher courses and measuring the effects of training in performance assessments are factors contributing to success. A critical factor of failure in such training for judicial authorities is the argument that it would compromise their independence. Critical factors to improve the questioning of victims are the provision of specific training courses and the creation of special facilities, e.g. interviewing studios for children, suites for victims of sexual offences, audio-video recording of pre-trial examinations and video-linked questioning. Such reform measures benefit the quality of the criminal justice process as a whole and therefore prove to be successful. A common manner of protecting victims is to allow that a trial, or a part thereof, be conducted in camera. A critical factor of failure is the (very) reluctant attitude of the judiciary toward holding a trial behind closed doors. A critical factor of success is the creation of a formal duty for the court to hold all cases involving sexual offences in camera. We can conclude that successful implementation of victim-oriented reforms depends on, inter alia, the clarity and conciseness of reform measures, the absence of easy escape clauses, the attitude of criminal justice authorities, and whether the reforms also benefit the offender and/or the criminal justice system as a whole.
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Guinchard, Audrey. "FIXING THE BOUNDARIES OF THE CONCEPT OF CRIME: THE CHALLENGE FOR HUMAN RIGHTS." International and Comparative Law Quarterly 54, no. 3 (July 2005): 719–34. http://dx.doi.org/10.1093/iclq/lei024.
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In England and Wales, as elsewhere, criminal law stands in sharp contrast to other systems of social control. Criminal offences and their related penalties are clearly distinguishable from civil wrongs and their associated (civil) sanctions. And because the term ‘civil law’ refers not only to the domain of torts, but also encompasses administrative law, criminal penalties are, in addition, distinguished from the administrative or regulatory sanctions. This ‘distinction between criminal and civil justice has been such a basic feature of the common law’1that it shapes not only substantive law but also the organization of the courts into civil, criminal and sometimes administrative chambers or divisions. More importantly, the distinction between civil and criminal sanctions will lead to the application of different procedural rules: civil proceedings, used for the imposition of civil sanctions, are less stringent that their criminal counterpart applied when the offender faces a criminal sanction. This more gentle approach can be detected in both the burden and standard of proof.
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Saeed Iranmanesh, M. I., A. Norallah Salehi, and B. Seyyed Abdolmajid Jalaee. "Using Fuzzy Logic Method to Investigate the Effect of Economic Sanctions on Business Cycles in the Islamic Republic of Iran." Applied Computational Intelligence and Soft Computing 2021 (January 29, 2021): 1–10. http://dx.doi.org/10.1155/2021/8833474.
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One of the main economic issues in Iran is the issue of economic sanctions. These sanctions have been imposed by various institutions and countries around the world in various forms since 1979 against Iran. Economic sanctions have affected large sections of Iran’s economy. Meanwhile, economic sanctions against Iran have had far-reaching effects on trade cycles in Iran. The purpose of this article is to investigate the impact of economic sanctions on the structure of business cycles in Iran. The sanction index is a tool for studying quantitative sanctions. The opinions of 15 experts in sanctions economics were collected using fuzzy questionnaires. And the sanction index was obtained. The fuzzy logic method in the MATLAB software space calculated the economic sanction index for 1979–2019. The self-regression calculated the effect of economic sanctions on business cycles. There are two scenarios in this article. In scenario 1, sanctions increased inflation, reduced production, and reduced investment. Also, during the embargo period, the recessions are longer. The second scenario of the research shows the economy without sanctions. The results showed that, in these conditions, inflation has less effect on production and investment. And the economy will experience a long period of prosperity without sanctions.
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Hultman, Lisa, and Dursun Peksen. "Successful or Counterproductive Coercion? The Effect of International Sanctions on Conflict Intensity." Journal of Conflict Resolution 61, no. 6 (September 7, 2015): 1315–39. http://dx.doi.org/10.1177/0022002715603453.
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Despite the frequent use of economic and military-specific sanctions against countries affected by civil conflicts, little is known about the possible impact that these coercive tools have on conflict dynamics. This article examines how threats and imposition of international sanctions affect the intensity of civil conflict violence. We formulate and test two competing views on the possible effect of economic and military-specific sanctions on conflict dynamics by combining data on fatalities in battle-related violence in all internal armed conflicts in Africa from 1989 to 2005 with data on economic sanctions and arms embargoes. The results indicate that threats of economic sanction and arms embargo are likely to increase the intensity of conflict violence. Similarly, imposed economic sanctions are likely to contribute to the escalation of conflict violence. Imposed arms embargoes, on the other hand, are likely to reduce conflict violence. We conclude that international sanctions appear to be counterproductive policy tools in mitigating the human cost of civil conflicts unless they are in the form of imposed arms embargoes attempting to limit the military capacity of the warring parties.
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Guillemard, Sylvette. "J.-D. ARCHAMBAULT, L’exercice anormal du droit d’ester en matière civile et sa sanction judiciaire, Cowansville, Éditions Yvon Blais, 2005, 237 p., ISBN 2-89451-798-X.783-786." Les Cahiers de droit 46, no. 3 (2005): 783. http://dx.doi.org/10.7202/043864ar.
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Wirasaputri, Nina Mirantie. "TINDAK PIDANA ILLEGAL LOGGING KETERKAITAN APARAT DALAM PENEGAKAN KEBIJAKAN HUKUM PIDANA." PROGRESIF: Jurnal Hukum 13, no. 1 (June 27, 2019): 1–22. http://dx.doi.org/10.33019/progresif.v13i1.1029.
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Criminal sanctions cumulatively , impact / consequences of criminal acts in the field of Forestry is detrimental to the country's financial , economic and social sanctions it should not only a criminal sanctions to perpetrators with penalties as severe as a loss , but also must be considered a country with sanctions " action planning orderly " In addition to fulfilling a sense of justice should be the formulation of a criminal sanction criminal acts in the forestry sector carried out by civil servants or government officials , especially the officials who have authority in the field of forestry , which could increase the intensity of Forestry organized crime and formulated specifically that of course the formulation of sanctions the criminal is not the same as that carried criminal sanctions against people / person.
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Medar, Suzana. "The conception of legal responsibility in the opus of Hans Kelsen and Toma Živanović." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 101–17. http://dx.doi.org/10.5937/zrpfn0-28657.
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The concept of legal responsibility (liability) implies a violation of the dispositive norm and subjecting the offender to envisaged sanctions. Legal responsibility is based on three key elements: the subject, the object, and the legal grounds of responsibility. The legal state (Rechtsstaat) is inconceivable without responsibility, which is present in all areas of law. In constitutional law, it is reflected in the legal and political responsibility of the state authorities. Civil and criminal liability differ in terms of sanctions. In civil law, there is subjective liability based on culpability and objective (strict) liability. As a consequence of committing a crime, criminal liability includes two elements: sanity and guilt. While guilt is a subjective element of a crime which cannot be avoided, criminal liability can be avoided. According to Kelsen, the subject of legal responsibility and the legal obligation are equivalent. He distinguishes between subjective liability based on culpability and absolute (objective) liability. This distinction rests on the individualistic ideal of justice. Logically, the sanctions also differ in these two cases. Kelsen also recognizes collective responsibility (especially of legal entities), which is always absolute. In civil law, the subject of obligation and the subject of liability correspond. Živanović provides detailed accounts on the concepts of delict, delinquent, and sanction. According to Živanović, a delict (in all branches of law) is a violation or endangerment of a subjective right. A delinquent, i.e. the infringer of legal norms, is the object of sanction. In analyzing the concept of sanction, he identifies seven distinctive elements of a sanction. The comparison of Kelsen and Živanovic's conceptions of legal responsibility yields notable results. Both authors were aware of many aspects of legal responsibility. In spite of the obvious terminological differences, they essentially discuss the same legal issues. When observed jointly, these two authors provide a wide-branching "scheme" of both legal responsibility in general and area-specific liability in particular.
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Yama, I. Putu Budi Arta, and I. Made Udiana. "Sanksi Terhadap Penerima Fidusia Yang Tidak Menghapuskan Jaminan Fidusia Elektronik." Acta Comitas 5, no. 1 (April 30, 2020): 138. http://dx.doi.org/10.24843/ac.2020.v05.i01.p12.
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The purpose of carrying out the elimination of related fiduciary guarantees so that objects that are used as fiduciary collateral objects with the debt fiduciary debt paid off, then the object can be re-registered the same fiduciary guarantee. In the regulations regarding Fiduciary Guarantees namely Law Number 42 of 1999 does not regulate sanctions against parties who are given the mandate by statutory regulations to abolish fiduciary guarantees. The purpose of this paper is to analyze the sanctions against those appointed by the laws and regulations that do not abolish electronic fiduciary guarantees and who can eliminate electronic fiduciary guarantees. This study applies a method which is normative legal research and the approach is the statutory approach. The result of this research is that the sanction given is civil sanction, in the form of a claim for compensation which refers to the provisions of Article 1365 of the Civil Code and the party that can carry out the removal of fiduciary guarantees ie is a fiduciary recipient either through his power of attorney or representative, the attorney referred to is a Notary Public.
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Saputra, Denny, and Sri Endah Wahyuningsih. "PRINSIP KEHATI-HATIAN BAGI NOTARIS/PPAT DALAM MENJALANKAN TUPOKSINYA DALAM UPAYA PENCEGAHAN KRIMINALISASI BERDASARKAN KODE ETIK." Jurnal Akta 4, no. 3 (June 10, 2017): 347. http://dx.doi.org/10.30659/akta.v4i3.1807.
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This study aims to determine 1) how the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on Code of Conduct, 2) What factors become obstacles for Notary / PPAT in carrying out its position and 3) What if Notary / PPAT is subject to Code violation until criminalization occurs The problem approach used is the normative juridical approach.The result of this research is that the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on code of ethics that a Notary must always implement the principle of prudence as an effort to prevent criminalization based on code of ethics related to responsibility both civil, Administration, code of ethics of notary and criminal law, then the factors that become obstacle for Notary / PPAT in carrying out their position related to the principle of prudence is the information given by the parties that facing may not be in accordance with the actual and Notary / PPAT in running His duties and positions are subservient to the NOtaris Office Law. Therefore, if a Notary commits an offense in performing his duties and positions, until the criminalization of Notary is threatened with sanctions as stated in UUJN. Sanctions against a Notary are categorized into 2 (two), namely civil sanction in the form of reimbursement of costs, compensation, and interest is the result that will be received by Notary on the demands of the tapers if the deed concerned only has the power of proof as deed under the hand or deed becomes null for the sake of law. Notary also still have to face the threat of sanction in the form of ethical sanction if Notary do violation to code of ethic of Notary, and even can be sentenced to criminal sanction in case of criminal violationKeywords: Notary, Prudential Principle
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Afriyie, Frederick Appiah, and Jisong Jian. "An Investigation of Economic Sanctions and Its Implications for Africa." Journal of Politics and Law 11, no. 3 (August 30, 2018): 74. http://dx.doi.org/10.5539/jpl.v11n3p74.
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Economic sanctions are not only applied to countries in Africa by the United Nations (UN), the European Union (EU) and the United States (US) but also by the African Union (AU) and the Economic Community of West African States (ECOWAS) as well. The African continent is considered to be the most affected in terms of the influences of more economic sanctions from the UN, EU, and the U.S than any other continent across the globe and these sanctions normally comes into force as a result of conflicts, civil wars and also unconstitutional overthrow of a constitutionally elected government. Also these sanctions come to serve as a punishment and a deterrent to those who deviate from or go against internationally agreed laws.Undeniably, in recent years economic sanctions have become more effective and an efficient known foreign policy tool used as the number one alternative to halt wars or military takeovers.Despite economic sanctions being widely accepted by the international community as the most effective panacea and also a preferred choice, when it is imposed on a state, it has serious repercussions on the innocent citizens while the initiators or the main officials in various positions for whom these sanctions were intended for are always left off the hook.This paper therefore investigates the merits and the demerits that are associated with economic sanctions both within some countries on the African continent and the non-African continent. In addition, we will elaborate on the implications of such sanctions relative to the Africa Continent. The paper is divided into four sections. The first section of this paper elaborates on the introduction, the importance of economic sanctions and the types of sanctions. The second section deals with the definition of economic sanction, explains the sanction process at EU, AU, UN and the US and the final part looks at both the positive and negative effects of economic sanctions.
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Dewi, Ni Made Trisna. "The Legal Impact on People Died in Kasepekang Sanction." Sociological Jurisprudence Journal 4, no. 1 (February 25, 2021): 54–60. http://dx.doi.org/10.22225/scj.4.1.2287.54-60.
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The Pakraman village is led by village officers. The issue of how to implement the Kasepekang sanction is very important to analyse because fraud or abuse of power often occurs in this sector. Kesepekang the term of traditional sanctions in the form of a temporary dismissal as a member of the banjar and pakraman villages. Those affected by this sanction are not entitled to receive banjar service / assistance and pakraman villages. This type of research is empirical legal research oriented to the collection of empirical data in the field. Based on this empirical data the researcher conducted an in-depth analysis in accordance with the relevant theory to make conclusions. Kasepekang sanctions are given because community members do not want to solve and conduct paruman to find solutions to adat problems. Based on paruman adat leaders and community representatives prescribed on Awig-awig Number 18, paragraph 14 regarding unwritten regulations, it was decided by the village of Pakraman Pempatan and it was agreed that the person be subject to a sanction of being left unchecked. This case was motivated by civil problems continued with the existence of actions and reactions, developed into a criminal problem that is the desecration of the holy place and customary matters.
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Durkheim, Émile. "Un manuscrit inédit de Durkheim." Durkheimian Studies 24, no. 1 (December 1, 2020): 33–44. http://dx.doi.org/10.3167/ds.2020.240103.
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*Full article is in FrenchFrench abstract: Ce texte daté du 2 décembre 1899 est la première leçon de la quatrième année du cours de Durkheim sur la Physique générale du droit et des moeurs. Il est intitulé Plan du Cours – Les Sanctions pénales. Dans la première partie du texte, Durkheim présente le plan de cette dernière année du cours. Il se propose d’abord de compléter l’étude de l’éthique objective des systèmes de morale familiale, professionnelle, civique et juridique (que nous connaissons parce qu’elles ont été publiées dans les fameuses Leçons de sociologie) par l’étude objective des sanctions et responsabilités. Cette première partie du cours sera consacrée à la théorie spéciale des sanctions (négatives pénales et civiles, positives) et responsabilités. La dernière partie du cours, sa conclusion, portera sur l’éthique subjective. Une fois ce plan de cours exposé, dans la deuxième partie du texte, Durkheim propose une définition sociologique de la sanction pénale qu’il justifie d’abord par la réfutation des définitions de la peine qui postulent un lien entre souffrance et peine. Ensuite, pour illustrer le caractère sociologique et justifier sa définition préalable de la peine, Durkheim commence à présenter une typologie des sanctions négatives (sanctions punitives pénales, publiques ou privées, sanctions restitutives civiles, etc.). Au terme de sa leçon, il considère avoir défini la peine de manière sociologique, c’est-à-dire en s’en tenant aux caractéristiques extérieures les plus saillantes de son objet, sans recourir à l’intention du patient ou du législateur ni à la question de la responsabilité.
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Plassmeyer, Mark, and Shannon Sliva. "Social Exclusion as a State-Level Predictor of Changes in Collateral Sanctions." Criminal Justice Review 43, no. 2 (July 27, 2017): 236–51. http://dx.doi.org/10.1177/0734016817721292.
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Collateral sanctions are civil penalties or disabilities imposed upon people who are arrested, charged, or convicted of a crime. Little research is available concerning state-level predictors of these policies in the United States. Current research suggests that racial threat and political conservatism are associated with harsher sanctions or more restrictions in the realms of employment, housing, social benefits, and other categories. Using state report cards from the Legal Action Center, this study builds on existing knowledge by testing the relationship between state-level variables consistent with a social exclusion framework and collateral sanctions policies while also testing the relationship between social exclusion and changes in these policies over time. Results indicate that higher levels of social exclusion, measured by affordable housing scarcity, public benefit usage, and state fiscal health, may play a role in the adoption of state collateral sanction policies over time. In contrast to previous research, results offer mixed evidence regarding the relationship between the racial makeup of the state and the adoption of collateral sanctions policies. Policy implications are discussed.
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Febrian, Febrian, Lusi Apriyani, and Vera Novianti. "Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States." Sriwijaya Law Review 5, no. 1 (January 31, 2021): 143. http://dx.doi.org/10.28946/slrev.vol5.iss1.881.pp143-162.
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In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.
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Freiberg, Arie. "Reward, Law and Power: Toward a Jurisprudence of the Carrot." Australian & New Zealand Journal of Criminology 19, no. 2 (June 1986): 91–113. http://dx.doi.org/10.1177/000486908601900203.
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Positive sanctions play an important but underestimated role in societal regulation. This article examines reward in political and legal theory and explores the conceptual and practical dimensions of reward in the civil and criminal law. It argues that the mechanisms and ideology of reward have facilitated state intervention into private and corporate activity, delayed or denied due process and maintained social inequality. Possible changes in the nature of social control, from punishments to institutionalized rewards through the welfare state, are observed and the implications of such a change for sanction theory are discussed.
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Septiarianti, Ni Kadek Sofia, I. Nyoman Sumardika, and Ni Gusti Ketut Sri Astiti. "Pertanggungjawaban Notaris dalam Pembuatan Akta Pengikatan Jual Beli." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 143–47. http://dx.doi.org/10.22225/juinhum.1.1.2201.143-147.
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Notary public is a public official who has a noble position and in making every notarial deed a great responsibility so that no mistakes can occur. This study aims to determine the responsibility of a notary public in making a purchase agreement binding that has not been settled and to know the legal consequences of binding the purchase agreement that has not been paid in full. This research uses normative legal research methods. The data source used is the law or law as primary data (main data). The data analysis technique used is the argumentation technique and systemalization technique. The results of the analysis show that the responsibility of a notary public as a public official when making a deed of binding purchase agreement that is responsible for administrative law, civil law, criminal law and the code of ethics of the notary profession. Everything, of course, is based on the legal relationship that occurs between the land deed official and the parties facing when making the deed. Accountability for administrative sanctions is verbal warning, written warning, temporary dismissal, respectful dismissal even to disrespectful dismissal. Next to civil sanctions in the form of reimbursement or compensation and interest. Whereas a criminal sanction that can be accounted for by a notary/land deed official is if the fraud originated from the notary/land deed official itself for criminal sanctions can be given by first reviewing whether the notary / land deed official meets the contents of the formulation of the alleged crime. Apart from the three sanctions above, both in terms of legal, administrative, civil to criminal notary/land deed official which is certainly also responsible for conscious fulfillment of the notary code of ethics, which also makes the notary / land deed official responsible for sanctions in the form of: reprimand, warning, score, to dismissal from membership and dismissal with no respect.
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Jefry, Arif Bahtiar, and Lathifah Hanim. "Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law." Jurnal Akta 6, no. 3 (August 30, 2019): 433. http://dx.doi.org/10.30659/akta.v6i3.5084.
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Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.
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Marasabessy, Ruslan Husein. "TA'ZIR DALAM LEMBAGA KEUANGAN ISLAM." Jurnal Asy-Syukriyyah 21, no. 02 (October 16, 2020): 208–17. http://dx.doi.org/10.36769/asy.v21i02.109.
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Fines and sanctions are known in Jurisprudence (Islamic criminal law) and not in the scope of civil law. Because these ta'zir sanctions are ijtihadi. this is different from sanctions that are tauqifi,where the provisions are contained in the quran and hadith, then it takes an effort initiative (ijtihad) to determine it. Ta'zir in Islamic criminal law is applied physically , then sanctions appear in the form of fines.The scholar of Moslem differed on their views on whether this ta'zir maliyyah (fines) could be applied in the context of financial institutions. Some Moslem Scholars who allow fines material ta'zir (al gharamah al uqubah al maliyyah) is Imam Abu Yusuf (the Schollars of Hanafiyyah) . otherwise,some scholars banned this sanction, the reason is that Islam forbidden to take the rights of other parties unfairly. Indonesian national sharia council (DSN MUI), issuing a decision of this matter on Fatwa DSN MUI no 17 2009,about the possibility of fines in Islamic financial institutions, with the foundation of the proposition that is used as a reference. to provide guidance to the public about the existence of fines or ta'zir in Islamic financial institutions. public misunderstanding of this matter is directly related to the reputation and perception of Islamic financial institutions.
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Fadhly, Muhammad Ridwan, Anita Afriana, and Sherly Ayuna Putri. "TINDAKAN CONTEMPT OF COURT DALAM PROSES PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN PERBANDINGANNYA DENGAN SINGAPURA." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (March 8, 2021): 1. http://dx.doi.org/10.36913/jhaper.v6i2.126.
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Contempt of Court behavior is rife in the process of resolving court disputes in Indonesia including civil disputes. Contempt of Court actions constitute an insult to the judiciary so that it is appropriate to be sanctioned as a deterrent eff ect. This study aims to determine the actions that can be qualified as a Contempt of Court in the settlement of civil disputes, as well as understanding the law enforcement of the Contempt of Court in the practice of dispute resolution in court and its comparison with Singapore. This study uses normative juridical methods. This method is carried out by examining library materials in the form of legislation, doctrine, and other scientific papers related to the Contempt of Court and interviews with sources to obtain primary data as a secondary data extras, which is then analyzed in a qualitative juridical analysis. The results of the research show that Civil Contempt actions in the practice of civil dispute resolution processes can be interpreted as any act done intentionally not in compliance with every summons, orders, decrees, warnings, or decisions issued by the court resulting in losses to parties who litigate and undermine the authority, dignity and honor of the court. Law enforcement against the actions of Civil Contempt of Court in Indonesia is still considered less eff ective when compared to Singapore. Singapore has included its arrangements in written rules governing the qualifi cations of actions and sanctions imposed. In addition to administrative and civil sanctions, criminal sanctions also apply in order to increase the effectiveness of enforcement of the Civil Contempt of Court.
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Nasyi’ah, Iffaty. "PELANGGARAN KEWAJIBAN PENDAFTARAN SERTIFIKAT HALAL: Dapatkah Dibuat Sanksi?" JURISDICTIE 9, no. 1 (June 30, 2018): 84. http://dx.doi.org/10.18860/j.v9i1.5137.
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The number of businessmen who have not yet registered for halal certificate grabs government’s attention. This is reflected in the Article 4 about Halal Product Warranty (Jaminan Produk Halal/JPH). The infraction against that article has no juridical implication, either administratively or criminally. The inconsistency of this article encourages researcher to seek for answers on two issues: can the infraction of article 4 be judged? Which kind of sanction is appropriate as the juridical consequence of the aforementioned article? The article is a normative research and uses legislation and conceptual approaches. Using the individual-liberalistic and strafrecht’s ordenings theories, the researcher assumes that infraction against Article 4 of JPH Law is still possible. The reason is that this article does not have a particular status of infraction; either it is civil, administrative, or criminal. This JPH law should be revised by adding strict sanctions, in both, the article itself and the chapter on criminal provision. Criminal sanctions that can be given are confinement and/or fine payment.
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Gershenson, Dmitriy. "Sanctions and Civil Conflict." Economica 69, no. 274 (May 2002): 185–206. http://dx.doi.org/10.1111/1468-0335.00278.
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Gershenson, Dmitry. "Sanctions and Civil Conflict." IMF Working Papers 01, no. 66 (2001): 1. http://dx.doi.org/10.5089/9781451848793.001.
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Lajar, Julius Roland, Anak Agung Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Akibat Hukum Malpraktik yang Dilakukan oleh Tenaga Medis." Jurnal Interpretasi Hukum 1, no. 1 (August 18, 2020): 7–12. http://dx.doi.org/10.22225/juinhum.1.1.2177.7-12.
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Malpractice refers to an act of negligence or an act with the correct standard operating procedures but causes harm to consumers, in this case the patients and this can threaten the health and safety of the patient. Malpractice committed by medical personnel is certainly very detrimental to those who need medical treatment and greatly affects the hospital’s integrity which is certainly the center for all medical actions. Based on this, this study examines what the legal regulatory for medical personnel who commit malpractice and how to sanction his speech are. To uncover the issues a normative research method is used by applying the legislative approach that examines the applicable laws and regulations and a conceptual approach to reviewing library materials in the form of theories and opinions of legal experts. The legal regulatory for malpractice actions by medical personnel are regulated in several laws and regulations providing basic guidelines regarding malpractice actions committed by medical personnel. The regulations are found in the medical and health laws which provide legal certainty for the injured. This is a characteristic of the law itself in upholding justice. Malpractice acts committed by health workers have been regulated in the legislation No. 23 of 1992 concerning Health and the Medical Code of Conduct in force. In addition there are sanctions for the actions of medical personnel commiting malpractice, including criminal sanctions, civil sanctions, administrative sanctions and moral sanctions.
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Ibrohim, Ali, Budiarsih Budiarsih, and Slamet Suhartono. "Analisis terhadap Sanksi Korporasi Pelaku Dumping Limbah tanpa Izin Perspektif HAM." Tapis : Jurnal Penelitian Ilmiah 4, no. 1 (May 11, 2020): 111. http://dx.doi.org/10.32332/tapis.v4i1.1958.
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Law Number 23, 2009 concerning Environmental and Management Protection has been running for eleven years. This law still needs a lot of evaluation, especially at the level of implementation or implementation. One of them is related to the sanction for corporations that do environmental damage. There are three types of sanctions that can be given to corporations, namely: civil, criminal and administrative. However, all this time the three did not provide a deterrent effect. As a result, the rights of affected citizens to get a healthy environment are also ignored.
For this reason, this paper focused on how is the Analysis of corporate sanctions of perpetrators of waste dumping without permission viewed from a Human Rights perspective?
This study uses a juridical normative research method, by analyzing secondary data in the form of laws and regulations related to sanctions for corporations that carry out waste dumping without permission.
The results of the study found that the analysis of corporate sanctions for the perpetrators of waste dumping without permission did not represent the protection of human rights for the community. Legal fissures make the corporation can continue its activities and make it possible to do environmental damage again. It is necessary to maximize the application of the highest alternative sanctions by paying attention to human and community rights around the location of waste dumping where the quality of water, air, and soil has deteriorated.
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Button, Mark, Alison Wakefield, Graham Brooks, Chris Lewis, and David Shepherd. "Confronting the “fraud bottleneck”: private sanctions for fraud and their implications for justice." Journal of Criminological Research, Policy and Practice 1, no. 3 (September 21, 2015): 159–74. http://dx.doi.org/10.1108/jcrpp-04-2015-0006.
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Purpose – The purpose of this paper is to illustrate the ways in which contemporary organisations are imposing their own private sanctions on fraudsters. Design/methodology/approach – The research draws on primary data from interviews with counter fraud practitioners in the UK, secondary sources and case examples. Findings – Such developments have been stimulated, at least in part, by the broader limitations of the criminal justice system and in particular a “fraud bottleneck”. Alongside criminal sanctions, many examples are provided of organisations employing private prosecutions innovative forms of civil sanction and “pseudo state” sanctions, most commonly civil penalties comparable to fines. Research limitations/implications – Such changes could mark the beginning of the “rebirth of private prosecution” and the further expansion of private punishment. Growing private involvement in state sanctions and the development of private sanctions represents a risk to traditional guarantees of justice. There are differences in which comparable frauds are dealt with by corporate bodies and thus considerable inconsistency in sanctions imposed. In contrast with criminal justice measures, there is no rehabilitative element to private sanctions. More research is needed to assess the extent of such measures, and establish what is happening, the wider social implications, and whether greater state regulation is needed. Practical implications – Private sanctions for fraud are likely to continue to grow, as organisations pursue their own measures rather than relying on increasingly over-stretched criminal justice systems. Their emergence, extent and implications are not fully understood by researchers and therefore need much more research, consideration and debate. These private measures need to be more actively recognised by criminal justice policy-makers and analysts alongside the already substantial formal involvement of the private sector in punishment through prisons, electronic tagging and probation, for example. Such measures lack the checks and balances, and greater degree of consistency as laid out in sentencing guidelines, of the criminal justice system. In light of this, consideration needs to be given to greater state regulation of private sanctions for fraud. More also needs to be done to help fraudsters suffering problems such as debt or addiction to rebuild their lives. There is a strong case for measures beyond the criminal justice system to support such fraudsters to be created and publicly promoted. Originality/value – The findings are of relevance to criminal justice policy-makers, academics and counter fraud practitioners in the public and private sectors.
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Mills, Alistair. "The Environmental Civil Sanctions Regime." Judicial Review 24, no. 1 (January 2, 2019): 1–18. http://dx.doi.org/10.1080/10854681.2019.1603736.
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Oke, Tayo. "Money laundering regulation and the African PEP: case for tougher civil remedy options." Journal of Money Laundering Control 19, no. 1 (January 4, 2016): 32–57. http://dx.doi.org/10.1108/jmlc-01-2015-0001.
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Purpose – The high crimes of bribery and money laundering resonate vividly with the public, especially where politically exposed persons (PEPs) are involved. Conventional wisdom thus far, dictates the adoption of even stiffer criminal sanctions for perpetrators of such crimes to solidify deterrence. This paper contends that while this approach may be a viable option in respect of PEPs in Western jurisdictions, it is less so with PEPs in Africa, where their peculiar socio-legal antecedents have rendered the venomous arrow of criminal sanction a largely anodyne prickle. The paper further contends that only a paradigm shift away from criminal to tougher civil remedy options can effectively address the endemic incidents of a growing number of PEPs actively engaged in financial crime aimed at asset stripping the state for personal gain in Africa. Design/methodology/approach – The paper juxtaposes empirical evidence from historical records with comparative regional and international approaches to establish some creative new thinking on the subject matter. Findings – The paper makes an important, significant and persuasive argument for a kind of paradigm shift in the approach to fighting corruption by PEPs in Africa specifically …. It is quite creative in deciphering a major root cause of the ineffectiveness in most of Africa of criminal sanction as an anti-corruption weapon, and in pressing trust law and the principles of fiduciary obligation into the service of thinking through the reinvigoration of the legal battle against corruption in Africa. Originality/value – The paper makes a significant original contribution to the legal and policy literature. The author also displays an impressively sound technical command of the relevant and rather pivotal trust law principles and case law.
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Jobin, Pierre-Gabriel. "Coup d’oeil sur les multiples facettes de l’intervention du juge dans le contrat." Les Cahiers de droit 47, no. 1 (April 12, 2005): 3–11. http://dx.doi.org/10.7202/043878ar.
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Le tribunal peut intervenir dans les contrats de plusieurs manières : annulation d’une clause ou diminution de ses effets, réduction des obligations d’une partie, autorisation ou refus de l’exercice de la sanction d’une faute contractuelle et condamnation à des dommages-intérêts. Ces pouvoirs sont graduellement apparus avant la réforme du Code civil, et ils ont été renforcés par celle-ci. Il s’agit tantôt de faire respecter une liberté ou un droit fondamental, tantôt d’assurer plus de souplesse dans les sanctions de la faute ou encore de faire régner un minimum d’équité dans les relations contractuelles. D’une certaine manière, ces grands pouvoirs affaiblissent la force obligatoire des contrats et la stabilité contractuelle et déjouent les attentes légitimes des parties. Toutefois, une nouvelle culture contractuelle conciliant ces valeurs opposées est en train de s’implanter.
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Goldstein, Abraham S. "White-Collar Crime and Civil Sanctions." Yale Law Journal 101, no. 8 (June 1992): 1895. http://dx.doi.org/10.2307/796950.
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Hersch, Philip L., and Jeffry M. Netter. "Civil antitrust sanctions and cartel stability." Review of Industrial Organization 3, no. 2 (June 1986): 67–81. http://dx.doi.org/10.1007/bf02230838.
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Jacobs, Jonathan. "The Liberal Polity, Criminal Sanction, and Civil Society." Criminal Justice Ethics 32, no. 3 (December 2013): 231–46. http://dx.doi.org/10.1080/0731129x.2013.860730.
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Mann, Kenneth. "Punitive Civil Sanctions: The Middleground between Criminal and Civil Law." Yale Law Journal 101, no. 8 (June 1992): 1795. http://dx.doi.org/10.2307/796948.
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Primak, V. "SYSTEM OF SANCTIONS OF OBJECTIVE CIVIL LAW." Private Law and Business, no. 18 (2018): 28–34. http://dx.doi.org/10.32849/2409-9201.2018.18.6.
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Falk, Adam J. "Sex Offenders, Mental Illness and Criminal Responsibility: The Constitutional Boundaries of Civil Commitment after Kansas v. Hendricks." American Journal of Law & Medicine 25, no. 1 (1999): 117–47. http://dx.doi.org/10.1017/s0098858800009503.
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To allow the state to first choose the criminal sanction, which requires a finding of a specific state of mind, and when that sanction is completed, to choose another sanction which requires a finding of the opposite state of mind, is a mockery of justice which places both the criminal and civil systems for dealing with sexual predators in disrepute.By committing individuals based solely on perceived dangerousness, the Statute in effect sets up an Orwellian “dangerousness court,” a technique of social control fundamentally incompatible with our system of ordered liberty guaranteed by the constitution….
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Allen, Susan Hannah, and David J. Lektzian. "Economic sanctions." Journal of Peace Research 50, no. 1 (January 2013): 121–35. http://dx.doi.org/10.1177/0022343312456224.
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Economic sanctions have been referred to as a blunt instrument that the international community has often wielded without full consideration of the impact that these measures will have on the population of the targeted countries, particularly the weakest elements of society. Case studies of sanctions against Cuba, Iraq, and Yugoslavia have demonstrated the impact that sanctions can have on the availability of food, clean water, and medicine, causing many to conclude that all sanctions have extensive public health consequences. In this article, we examine the generalizability of these conclusions in a quantitative cross-national study of sanctions and their public health effects. Additionally, we compare these effects to those associated with both civil and interstate conflicts as critics have recently suggested that sanctions are not a humane alternative to armed warfare. We find that when sanctions have a large economic effect on the target they can have severe public health consequences. These consequences are substantively similar to those associated with major military conflicts. However, when sanctions have little or no economic effect on the target, they also have no substantive effect on public health. Building on recent work to explore the human consequences of war, this work also helps to demonstrate the importance of smart sanctions and humanitarian exemptions in sanctions policy.
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Friedman, Brittany. "Unveiling the Necrocapitalist Dimensions of the Shadow Carceral State: On Pay-to-Stay to Recoup the Cost of Incarceration." Journal of Contemporary Criminal Justice 37, no. 1 (October 21, 2020): 66–87. http://dx.doi.org/10.1177/1043986220965040.
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The expansion of monetary sanctions constitutes what Beckett and Murakawa describe as the “shadow carceral state,” where covert penal power is expanded through institutional annexation by blending civil, administrative, and criminal legal authority. A growing body of work on monetary sanctions has begun to dissect covert penal power by tracing increased civil and administrative pipelines to incarceration, civil financial alternatives to criminal sanctions, and innovations to generate criminal justice revenue. However, institutional annexation and innovation in the form of contemporary pay-to-stay practices remain understudied and undertheorized. In this article, I first examine statutes and practices to theorize pay-to-stay as exemplary of the shadow carceral state—an outcome of legal hybridity and institutional annexation legitimated using the legal construction of “not punishment,” which frames monetary sanctions as non-punitive. Second, I expand Beckett and Murakawa’s framework to argue pay-to-stay practices reveal how the shadow carceral state compounds or initiates the civil death of those charged. I broaden our notion of civil death to include financial indebtedness to the shadow carceral state. I suggest covert penal power expands through the accumulation of resources extracted from people marked for civil death through criminal justice contact. Finally, I conclude that monetary sanctions such as pay-to-stay reveal how the shadow carceral state expands covert penal power through necrocapitalism, meaning institutional accumulation occurs through dispossession and the subjugation of life to the power of death.
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Escribà-Folch, Abel. "Economic sanctions and the duration of civil conflicts." Journal of Peace Research 47, no. 2 (February 16, 2010): 129–41. http://dx.doi.org/10.1177/0022343309356489.
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