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1,492 result(s) for "Abuse of authority"
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Discourse on Legal Expression in Arrangements of Corruption Eradication in Indonesia
The purpose of this research is to explain and examine the expansion of the absolute competence of the Administrative Court (hereinafter referred to as PTUN) after the Government Administration Law is promulgated and the implications of the application of the Administrative Law on legal certainty to eradicate and enforce corruption in Indonesia. This research uses a normative juridical research method and uses a statutory approach (statute approach). The results showed \"that there are several forms of expansion of PTUN competencies, such as the authority that acts factually, the authority, administrative authorization, decide on positive fictitious decisions, and discretionary trials\". Meanwhile, the implications of the Government Administration Law on corruption are known as corruption crimes, which are true. So, in this context, there are at least two problems, namely: “1. If the authorized court case is carried out by the state government which is submitted to the court simultaneously, to the State Administrative Court and to the District Court in a corruption case? 2. If at any time a PTUN decision has been issued stating that it is not authorized, but there is also a party who submits the case to the District Court on charges of corruption. What is the attitude of the District Court, whether to accept the PTUN decision on the case or choose to override the PTUN decision”.  So the author is of the view that in this case there is concern that it will complicate the prosecution or eradication of criminal acts of corruption in the case of abuse of authority committed by government officials.
Abuse of Authority as an Inherited Culture in the Workplace: Is It the Fault of the Leader or the Subordinate?
The purpose of this article is to explore some of the potential factors and motivations that cause leaders to abuse their authority. It aims to help readers think critically about employees’ rights, the concept of inherited culture, and employees’ scope of work in relation to abuse of authority. There is a dearth of research addressing abuse of power in organizations, and ignorance of this problem and lack of attention allow leaders to commit wrongful behaviors. Therefore, a quantitative study was conducted to examine Saudi Arabian employees’ experiences with their leaders’ exercise of authority. A total of 135 Saudi Arabian employees participated in an online survey, and the survey results indicated that participants were not completely satisfied with their leaders’ exercise of authority. The participants revealed that they are required to perform tasks or services outside the scope of their work. Furthermore, the participants indicated that they are evaluated on tasks that are not written in their job descriptions, which negatively affects their performance appraisal. Importantly, the study findings showed that abuse of authority is an inherited culture in most employees’ organizations, suggesting that such illegitimate behavior is common in a workplace environment. Both leaders and subordinates play an important role in preventing leaders from committing any kind of violations that harm the culture of the organization.
COMPARATIVE PRACTICES OF THE BALKAN COUNTRIES IN THE FIGHT AGAINST CORRUPTION
This paper focuses on the individual holders of public office or duty and the numerous past and present criminal cases related to corruption and abuse of power. By analyzing the penal policies of the courts in several regions (North Macedonia, Romania, Croatia, Montenegro, and Albania), as well as the imposed sanctions and court verdicts, this paper presented the fundamental characteristics of the criminal justice system’s functioning in preventing such forms of crime. Through a comparative analysis of experiences, empirical research (case study), and an overview of the situation in multiple Balkan countries, the paper, as a key result, offered a comprehensive examination of the specific offenses outlined in the legislations of the countries under investigation and presented legal solutions derived from various Balkan nations. Finally, the paper concludes that corruption is a general problem in all the investigated countries and proposes possible solutions.
Barriers to democracy
Democracy-building efforts from the early 1990s on have funneled billions of dollars into nongovernmental organizations across the developing world, with the U.S. administration of George W. Bush leading the charge since 2001. But are many such \"civil society\" initiatives fatally flawed? Focusing on the Palestinian West Bank and the Arab world,Barriers to Democracymounts a powerful challenge to the core tenet of civil society initiatives: namely, that public participation in private associations necessarily yields the sort of civic engagement that, in turn, sustains effective democratic institutions. Such assertions tend to rely on evidence from states that are democratic to begin with. Here, Amaney Jamal investigates the role of civic associations in promoting democratic attitudes and behavioral patterns in contexts that are less than democratic. Jamal argues that, in state-centralized environments, associations can just as easily promote civic qualities vital to authoritarian citizenship--such as support for the regime in power. Thus, any assessment of the influence of associational life on civic life must take into account political contexts, including the relationships among associations, their leaders, and political institutions. Barriers to Democracyboth builds on and critiques the multifaceted literature that has emerged since the mid-1990s on associational life and civil society. By critically examining associational life in the West Bank during the height of the Oslo Peace Process (1993-99), and extending her findings to Morocco, Egypt, and Jordan, Jamal provides vital new insights into a timely issue.
Corporate governance
Even in the wake of the biggest financial crash of the postwar era, the United States continues to rely on Securities and Exchange Commission oversight and the Sarbanes-Oxley Act, which set tougher rules for boards, management, and public accounting firms to protect the interests of shareholders. Such reliance is badly misplaced. In Corporate Governance, Jonathan Macey argues that less government regulation--not more--is what's needed to ensure that managers of public companies keep their promises to investors. Macey tells how heightened government oversight has put a stranglehold on what is the best protection against malfeasance by self-serving management: the market itself. Corporate governance, he shows, is about keeping promises to shareholders; failure to do so results in diminished investor confidence, which leads to capital flight and other dire economic consequences. Macey explains the relationship between corporate governance and the various market and nonmarket institutions and mechanisms used to control public corporations; he discusses how nonmarket corporate governance devices such as boards and whistle-blowers are highly susceptible to being co-opted by management and are generally guided more by self-interest and personal greed than by investor interests. In contrast, market-driven mechanisms such as trading and takeovers represent more reliable solutions to the problem of corporate governance. Inefficient regulations are increasingly hampering these important and truly effective corporate controls. Macey examines a variety of possible means of corporate governance, including shareholder voting, hedge funds, and private equity funds.
CHANGING POLICE CULTURE
This paper reviews the concept of police culture and its utility for analysing the impact of police reform. The persistence of police culture has been considered a serious obstacle to reform, but the concept itself has been poorly defined and is of little analytic value. Drawing on Bourdieu's concepts of ‘field’ and ‘habitus’ and adopting a framework developed by Sackmann, this paper suggests a new way of conceptualizing police culture, one which recognizes its interpretive and creative aspects, as well as the legal and political context of police work. Thus, police culture results from an interaction between the ‘field’ of policing and the various dimensions of police organizational knowledge. The utility of this framework is discussed in relation to a case study of reforming police/minorities relations in Australia.
Fighting words
Should \"hate speech\" be made a criminal offense, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When the American flag is burned in protest, what rights of free speech are involved? In a lucid and balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, acclaimed First Amendment scholar Kent Greenawalt now addresses a broad general audience of readers interested in the most current free speech issues.
Democratic commitments
From the refusal of the U.S. Congress to approve fast-track trade authority and certain foreign aid packages to the obstacles placed by Western European parliaments in the path of economic integration, legislatures often interfere with national leaders' efforts to reach and implement predictable international agreements. This seems to give an advantage to dictators, who can bluff with confidence and make decisions without consultation, and many assume that even democratic governments would do better to minimize political dissent and speak foreign policy from a single mouth. In this thoughtful, empirically grounded challenge to the assumption that messy domestic politics undermine democracies' ability to conduct international relations, Lisa Martin argues that legislatures--and particularly the apparently problematic openness of their proceedings--actually serve foreign policy well by giving credibility to the international commitments that are made. Examining the American cases of economic sanctions, the use of executive agreements versus treaties, and food assistance, in addition to the establishment of the European Union, Martin concludes that--if institutionalized--even rancorous domestic conversations between executives and legislatures augment rather than impede states' international dealings. Such interactions strengthen and legitimize states' bargaining positions and international commitments, increasing their capacity to realize international cooperation. By expanding our comprehension of how domestic politics affect international dialogue, this work is a major advance in the field of international relations and critical reading for those who study or forge foreign policy.
ŠEST GODINA PRIMJENE NOVOG KAZNENOG ZAKONA I UTVRĐIVANJE PRAVNOG KONTINUITETA ZLOUPORABE OVLASTI U GOSPODARSKOM POSLOVANJU (čl. 292. KZ/97): TUMAČANJE ZLOUPORABE POVJERENJA U GOSPODARSKOM POSLOVANJU I UTAJE POREZA ILI CARINE
Autorice u ovom radu predstavljaju rezultate istraživanja koje su poduzele s ciljem analize utvrd strok signivanja pravnog kontinuiteta od strane sudova vezanog uz kazneno djelo zlouporabe ovlasti u gospodarskom poslovanju kako je bilo opisano u čl. 292 KZ/97. Od svih analiziranih presuda autorice su izabrale izložiti njih 40-ak u dijelovima koji su mjerodavni i ocrtavaju problematiku utvrd strok signenja kontinuiteta. S obzirom na to da je kazneno djelo zlouporabe povjerenja u gospodarskom poslovanju, kako je opisano u čl. 246 KZ/11, novo ključno gospodarsko kazneno djelo, analizirane su i dvojbe sudova prilikom utvrd strok signivanja bitnih elemenata tog djela, kao i razilaženja u praksi i teoriji. Kako su pojedine odredbe čl. 292 KZ/97 našle svoj kontinuitet u kaznenom djelu utaje poreza i carina, kako je opisano u čl. 256 KZ/11, autorice su analizirale probleme koji se pojavljuju u praksi prilikom utvrd strok signivanja kontinuiteta i tumačenja ovog djela. Istaknuti su bitni elementi o kojima sudovi moraju ustaliti tumačenja kada su u pitanju ta kaznena djela.