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1
Routel, Colette, and Jeffrey Holth. "Toward Genuine Tribal Consultation in the 21st Century." University of Michigan Journal of Law Reform, no. 46.2 (2013): 417. http://dx.doi.org/10.36646/mjlr.46.2.toward.
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The federal government's duty to consult with Indian tribes has been the subject of numerous executive orders and directives from past and current U.S. Presidents, which have, in turn, resulted in the proliferation of agency-specific consultation policies. However, there is still no agreement regarding the fundamental components of the consultation duty. When does the consultation duty arise? And what does it require of the federal government? The answers to these questions lie in the realization that the tribal consultation duty arises from the common law trust responsibility to Indian tribes, which compels the United States to protect tribal sovereignty and tribal resources, as well as to provide certain services to tribal members. In that respect, the federal government's duty to consult with Indian tribes has a unique foundation that distinguishes it from decisions to consult with State governments or encourage public participation through the Administrative Procedures Act. This Article argues that the duty to consult with Indian tribes is properly viewed as a procedural component of the trust responsibility. It further argues that a more robust, judicially enforceable consultation requirement would be the most effective way to ensure that the federal government fulfills the substantive components of its trust responsibility to Indian tribes, while avoiding the difficult line-drawing that would be inherent in direct enforcement of those components. In this way, the consultation duty could become a powerful tool to ensure that federal agencies know and consider the impacts their actions will have on Indian people, before those actions are taken.
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Murphy, Kristina, Molly McCarthy, Elise Sargeant, and Harley Williamson. "COVID-19 Conspiracies, Trust in Authorities, and Duty to Comply with Social Distancing Restrictions." International Criminology 2, no. 1 (2022): 44–58. http://dx.doi.org/10.1007/s43576-021-00042-x.
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AbstractIn 2020 governments worldwide implemented various laws and social distancing restrictions to contain the spread of the COVID-19 virus. At the same time, conspiracy theories emerged purporting that authorities were using the COVID-19 pandemic to permanently control or harm citizens. These conspiracies undermined government responses to the pandemic and in some cases elicited civil disobedience. Using survey data from 779 Australians collected eight months into the pandemic, we examined the relationship between conspiracy beliefs, trust in the government, and duty to comply with authorities during the COVID-19 pandemic. We also examined whether trust in government moderated the association between conspiracy beliefs and duty to comply. We found that those prone to conspiracy theory beliefs and who distrusted government were less likely to comply with authorities during the pandemic. We also found that trust in the government moderated the negative relationship between conspiracy beliefs and duty to comply; high trust served as a protective factor against conspiracy beliefs. Importantly, we found that how government actions were experienced and perceived during the pandemic were important correlates of Australians’ level of trust in the government. Our findings point to the importance of governments maintaining high trust in their efficacy and approach during a crisis.
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McDermott, D. "The Duty to Punish and Legitimate Government." Journal of Political Philosophy 7, no. 2 (1999): 147–71. http://dx.doi.org/10.1111/1467-9760.00071.
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Casla, Koldo. "#1forEquality: The Story of an Unlikely Victorious Campaign in the Making." Journal of Human Rights Practice 11, no. 3 (2019): 554–68. http://dx.doi.org/10.1093/jhuman/huz036.
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Abstract The UK government proudly affirms that the country has some of the strongest equalities legislation in the world, including the Equality Act 2010. For it to be true, however, the government should implement the legislation in its entirety, including the socio-economic duty (section 1 of the Act). That duty would require public authorities to actively consider how their decisions and policies of the highest strategic importance can increase or decrease inequalities of outcome. Regrettably, successive governments have failed to commence the duty, and therefore it is not technically binding on public authorities. It is encouraging that the duty was brought to life in Scotland in 2018 and the Welsh Government has announced they will follow suit in 2020. The socio-economic duty is potentially a useful lever to understand and address the structural causes of material inequalities and their negative effects on human rights and well-being. This article presents and draws conclusions from the strategic choices made by the people running #1forEquality, the national campaign to bring the socio-economic duty to life. The article introduces four key factors that contributed to making progress between 2017 and 2019, despite the limited resources available: a) the added value of merging advocacy and epistemic communities working on equality and on human rights; b) the engagement with political actors at key stages of the process; c) the combination of ‘naming and shaming’ and best practice; and d) the celebration of smaller victories along the way.
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A, Kumudha. "Pros and cons of indian gst to society." Journal of Management and Science 7, no. 2 (2017): 272–76. http://dx.doi.org/10.26524/jms.2017.37.
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GST will narrow economic distance between producers and consumers as itwill be imposed only value addition. The dream of one country, one act and one taxwill be observed. It is expected that, it will help to improve the productivity in thecountry as well as will be benefited to the consumers, as maximum rate of GST ispredetermined. It will also help to avoid the multiple taxation, processes, tax evasionetc. Government proposed Central GST and States GST. CGST will subsume centralexcise duty, excess central excise duty, service tax, excess custom duty and specialexcess custom duty. SGST will subsume sale tax/ VAT, entertainment tax (other thanlocal bodies),sale tax which is imposed by Centre Government and collected by states,purchase tax, luxury tax and lottery tax and more significantly octroi which is a majorsource of revenue of the Municipal Corporations. Already there is vertical imbalanceof resources and responsibilities among Governments in India. Therefore, in thisresearch paper probable pros and cons about upcoming are discussed.
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Dyer, C. "UK government wants to expand duty of candour." BMJ 347, no. 19 26 (2013): f6972. http://dx.doi.org/10.1136/bmj.f6972.
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Nur’aeni, S., A. Rifin, and Feryanto. "Comparing CPO export duty in several periods in specific calculation policy." IOP Conference Series: Earth and Environmental Science 1379, no. 1 (2024): 012021. http://dx.doi.org/10.1088/1755-1315/1379/1/012021.
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Abstract Crude Palm Oil (CPO) mainly contributes to Indonesia’s export duty receipts. However, high CPO exports have led to a need for more availability in the domestic market, impacting price increases. Therefore, the government implemented the CPO export duty policy several times, restructuring the export duty and currently uses ad nature or specific calculations (absolute value tariffs). This study compares CPO export duty in several periods based on the reference price range and CPO export duty rate. The data used are secondary time series data from July 2015 to December 2023 which were analyzed using qualitative methods through policy document analysis. The analysis results show that as far as the specific export duty calculation is calculated, the government restructures the export duty with changes in the export duty rate and CPO reference price range. The comparison of export duty rates in the three periods shows that export duty rates are in line with the increase in CPO prices in the international market. The highest export duty rate is in period III.
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Delmas, Candice. "The Civic Duty to Report Crime and Corruption." Les ateliers de l'éthique 9, no. 1 (2014): 50–64. http://dx.doi.org/10.7202/1024294ar.
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Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.
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Swan, Sarah. "Public Duties for the New City." Michigan Law Review, no. 122.2 (2023): 309. http://dx.doi.org/10.36644/mlr.122.2.public.
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The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police. But policing in America is deeply dysfunctional, as the police not only provide inadequate protection from violent crime, but simultaneously engage in outright acts of brutality against the citizenry. As awareness of these practices has swept across the nation, legal scholars and policymakers have offered numerous reforms and remedies to help solve policing’s problems. The responses have tended to focus on the top of the legal pyramid, using the big hammers of the federal government, the Constitution of the United States, the federal remedies of Section 1983, and the qualified immunity doctrine of federal courts as the requisite tools for reform. More recently, as these efforts have faltered, scholars and policymakers have begun to explore the possibilities for change at the state and local level. This Article, too, begins at the bottom. While the proposed fixes to the federal framework are indeed important, this Article argues that changes at the lower, foundational level of cities, local governments, and common law duties of care are equally so. Policing is, after all, a fundamentally local matter, with thousands of municipal and county governments responsible for its administration. And duties of care are the most basic articulation of the norms and obligations flowing between members of our society, shaping not just private relations, but the government-constituent relationship as well. This Article argues that attending to these roots offers an opportunity to reorient the police-citizen relationship and recast the relational norms between local government actors and their constituents more generally. In particular, this Article argues that the “public duty doctrine”—a no-duty rule that immunizes municipalities from civil liability arising from police violence and failures to protect—has contributed to a profoundly unbalanced and perverse local-constituent relationship. To reestablish just relations, localities should bear, and indeed embrace, a legally enforceable duty of care to protect their constituents. Such a duty would not open the liability flood gates, nor impose catastrophic expenses on cities, nor expand the already oversized footprint of policing. Such a duty would, however, achieve the usual tort goals of compensation and deterrence, significantly reduce the harms that police and other governmental actors visit on city constituents through both their action and inaction, align with corrective justice principles, enhance democratic accountability, advance the constitutional principle of equal protection, and accord with the thick conception of the city-constituent relationship that cities themselves put forward in the affirmative litigation context. Further, implementing this duty on the ground would not be difficult. Neither courts nor legislatures need do anything at all; many cities could simply choose to not avail themselves of the public duty defense and instead accept an owed duty. Doing so would not only reorient the city-constituent relationship in a profoundly more positive way; adopting this duty would also serve cities’ broader self-interest. As cities increasingly vie for political recognition and acknowledgement as independently legitimate polities on both the domestic and international stage, this Article draws on the burgeoning sovereignty-as responsibility literature to argue that by embracing a duty to protect, cities can advance their own status as credible, politically important actors in the wider American democratic project.
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Humam, Muhammad Itqonul, and Akhmad Firdiansyah. "ANALYSIS ON IMPOSITION OF SAFEGUARD MEASURE AND ADMINISTRATIVE SANCTION AGAINST TAX EVASION OF TEXTILES TAX AND TEXTILES PRODUCT IN INDONESIA." JURNAL PERSPEKTIF BEA DAN CUKAI 5, no. 1 (2021): 79–97. http://dx.doi.org/10.31092/jpbc.v5i1.1156.
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Import of textile product which keep getting higher has caused serious injury to the domestic textile industry, as an effort to protect domestic industry government has imposed additional import duty in form of safeguard duty for import of textile product. Introduction of safeguard duty is expected to give domestic industry an opportunity to adjust itself for competing with import product, but the establishment of safeguard duty for textile product is thought to be the trigger for tax evasion on import of textile product, against this violation government impose administrative sanction. The purpose of this research is to analyze the effect of safeguard duty imposition and administration sanction on tax evasion. Object of this research is all import activity on textiles product which has been imposed safeguard duty and committing administrative violation since the establishment of safeguard duty for textile product beginning on November 2019 till October 2020. Regression technique used is ordinary least square regression to regress cross section data. Research conclusion find that safeguard duty introduction significantly affecting tax evasion while administrative sanction didn’t have significant effect on reducing tax evasion..
 Keywords: textile product, safeguard duty, administration sanction, tax evasion.
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Lloyd, S. A. "Duty Without Obligation." Hobbes Studies 30, no. 2 (2017): 202–21. http://dx.doi.org/10.1163/18750257-03002004.
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There is ongoing scholarly debate over the role that Hobbes’s laws of nature play in grounding the moral requirement that subjects obey the government under which they live. This essay demonstrates how the laws of nature, when understood as natural duties, may directly ground a moral duty to obey one’s sovereign without positing that subjects have undertaken any covenant of subjection. Such a grounding avoids the problems that attend accounts that depend on tacit covenant and coerced covenant. The essay describes the advantages of a natural duty account of the laws of nature over accounts that regard those laws as contractual obligations entered through voluntary acts, or as legal obligations to treat the natural laws as literal laws legislated by a sovereign God.
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MURAOKA, Harumichi, Yoshio NOGUCHI, and Koji SUZUKI. "DESIRED ROLE AND DUTY FOR ENGINEERS OF LOCAL GOVERNMENT." Journal of Japan Society of Civil Engineers, Ser. F4 (Construction and Management) 73, no. 4 (2017): I_1—I_9. http://dx.doi.org/10.2208/jscejcm.73.i_1.
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Dodd, Melanie. "Duty of Care: Foregrounding The User in Design Practice." Open House International 33, no. 2 (2008): 52–60. http://dx.doi.org/10.1108/ohi-02-2008-b0007.
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In areas subject to social and economic disadvantage where resources are scarce, the physical environment of the public realm is often identified as a place for investment by governments - a place where infra-structural improvements to the built environment, funded through government, may reap wider social rewards. In addition, specific social policy ambitions in Australia, within both state government and other welfare agencies, focus on social capital building and community strengthening initiatives. Yet the relationship between these crucial areas of government action - social welfare and community development, and the design of the built environment -is often disconnected. This article describes an experimental pilot study for a prototype community engagement tool aimed at foregrounding the user in design for the public realm. The project, which will devise an innovative methodology for community consultation in areas of neighbourhood renewal and change, operates within the structure of a design studio at RMIT University School of Architecture + Design. The outcome - the Digital Map - is an interactive map website which acts as a mechanism for engaging people in the design of the built environment and the public realm, simultaneously providing a platform for social connected-ness and networking within the community. Embedded links to a repository of one-person film narratives, means that the map is an ongoing device for community participation: a transparent and open-ended alternative to the limitations of consultation through questionnaire, and a mechanism for building sustainable communities.
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Newman, Dwight, and Wendy Elizabeth Ortega Pineda. "Comparing Canadian and Colombian Approaches to the Duty to Consult Indigenous Communities on International Treaties." Constitutional Forum / Forum constitutionnel 25, no. 1 (2016): 29. http://dx.doi.org/10.21991/c9v67f.
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In recent years, the development in Canada of a constitutional duty to consult Indigenous communities has had ramifications on government decision-making that are widespread, far-reaching, and potentially expansive. The modern duty to consult doctrine developed in a series of cases in 2004-2005, ensuring that governments have a duty to consult proactively with Aboriginal communities whose Aboriginal or treaty rights may be adversely impacted by a particular administrative decision, even in the face of uncertainty about the scope of asserted rights in the absence of a final settlement or court decision. Case law development on the duty later established that the duty is also triggered in the context of an early, strategic decision that may determine later administrative decisions. Some have put forth the argument that the duty may be triggered prior to the adoption of legislation; adjudication on that issue is currently making its way forwardthrough the courts. The Hupacasath First Nation case, recently decided at the Federal Court of Appeal, raised another question, that of whether or not consultation was owed to Aboriginal communities in the context of international treaty negotiations. Although the federal government has actually engaged in such consultation in some instances so as to avoid infringing Aboriginal and treaty rights, the case raised the complex question of whether it is constitutionally required to do so in order to comply with the duty to consult doctrine. On the particular facts of the case, the issue concerned the Canada-China foreign investment treaty, which the Hupacasath First Nation argued was apt to lead to later infringements on Aboriginal rights. Both the Federal Court and the Federal Court of Appeal rejected these arguments. Their rejection has broader implications, but we shall argue that it leaves open the possibility that the negotiation of some internationaltreaties may trigger the constitutional duty to consult, thus opening a complex nexus between constitutional and international law.
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Pape, Robert A. "When Duty Calls: A Pragmatic Standard of Humanitarian Intervention." International Security 37, no. 1 (2012): 41–80. http://dx.doi.org/10.1162/isec_a_00088.
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When should the United States and other members of the international community intervene to stop a government from harming its own citizens? Since World War II, the main standard for intervention has been the high bar of genocide, although the international community has rarely acted to stop it. The main alternative—the “responsibility to protect”—would set the bar so low that virtually every instance of anarchy or tyranny would create unbounded obligations beyond the capacity of states to fulfill. A new standard—the pragmatic standard of humanitarian intervention—can help guide decisionmakers on when to intervene to stop governments from targeting their own citizens. The standard has three requirements: (1) an ongoing campaign of mass homicide sponsored by the government; (2) a viable plan for intervention with reasonable estimates of low casualties for the intervening forces; and (3) a workable strategy for creating lasting local security for the threatened population. The pragmatic standard was met in the recent successful intervention in Libya as well as in other cases over the last twenty years, and it should become the basis for deciding which humanitarian crises justify international intervention in the future.
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Richardson, Diane, and Surya Monro. "Public Duty and Private Prejudice: Sexualities Equalities and Local Government." Sociological Review 61, no. 1 (2013): 131–52. http://dx.doi.org/10.1111/1467-954x.12007.
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Janzen, Bernd G., and Jean-Rene Broussard. "New Directions in the Perennial Struggle to Detect and Fight the Evasion of Antidumping and Countervailing Duties." Global Trade and Customs Journal 9, Issue 1 (2014): 35–43. http://dx.doi.org/10.54648/gtcj2014004.
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Evasion of antidumping and countervailing (AD/CV) duties by unscrupulous importers is an enduring challenge for the U.S. government. Recent examination by government and private sector entities shows that AD/CV duty evasion may also be an intensifying problem, involving transshipment via third countries, misclassification under the tariff schedule, and other forms of fraud. AD/CV duty evasion deprives the U.S. Treasury of untold millions of dollars of revenue annually and undermines the relief afforded by U.S. trade remedy law to U.S. industries. Evasion should also, however, be of concern to law-abiding U.S. importers whose commercial position may be eroded by cheating importers. A number of bills pending in Congress would buttress the ability of U.S. government entities to combat AD/CV evasion through new powers and procedures. The authors argue that these bills represent a good start, but that meaningful progress in the fight against duty evasion can only come with intensified U.S. government pressure on its trading partners in established international fora and through cooperative mechanisms to fight evasion.
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Plenderleith, Don. "Clean Up Duty." Mechanical Engineering 130, no. 02 (2008): 41–43. http://dx.doi.org/10.1115/1.2008-feb-4.
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This article discusses engineering supervision and engineering efforts in remediation of different sites. Public Works and Government Services Canada, which manages many of the military bases in the Ottawa region, commissioned the environmental and geotechnical firm Golder Associates Ltd. to provide engineering supervision and support for remediation of the site. The remediation of the former military landfill site, conducted in February and March 2006, not only cleaned up a polluted part of the Earth, it also pointed to some of the current best practices being used to protect the environment when working on military properties. Once site remediation began, plans had to be changed quickly, because Golder discovered that parts of the landfill site were dotted with holes that indicated it was being used as a turtle nesting site. Through a literature review, bioscientists determined what kind of aggregate would be most acceptable to the turtles as nesting material. The landfill cap is vegetated with grass and shrubs to consolidate the soil cover layers and prevent their erosion. Given that the site is behind the target area for one of the firing ranges, it does not get much human traffic, but its landscape is in keeping with the surrounding area, and the site poses no more threat to the local ecosystem.
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Hakim, Lukman, and Totok Mardianto. "Pengaruh Pendidikan Terhadap Prestasi Kerja Pegawai Aparat Desa Di Kantor Pemerintahan Desa Kencong Wilayah Kecamatan Kencong Kabupaten Jember." JURNAL SOSIAL : Jurnal Penelitian Ilmu-Ilmu Sosial 20, no. 1 (2019): 1–7. http://dx.doi.org/10.33319/sos.v20i1.26.
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The problem that is background research this is in the doing his duty employee village officials often a rather slow and less mean it , that a thus not immediately straightened out will or could harm agency , where is village officials that is on duty and finally can harm a country . A aim research this a 1) The test in a manner empirical influence education village officials in office government village Kencong sub district area Kencong districts Jember. 2) The test in manner empirical influence in a manner partial education village officials in office government village officials in office government village Kencong subdistrict area Kencong districts Jember . 3) A analyze influence education village officials in office government village officials in office government village Kencong subdistrict area Kencong districts Jember.
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YOSHIDA, Debbie, and Rini MARLINA. "DISSEMINATION OF DOCUMENTARY STAMP TAX BASED ON THE NEW LAWS IN SOUTH MERUYA." ICCD 3, no. 1 (2021): 575–78. http://dx.doi.org/10.33068/iccd.vol3.iss1.426.
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Tax on documents or more commonly known as stamp duty, is a tax levied on documents. Documents that are subject to stamp duty are documents made as a tool to explain an event of a civil nature and documents used as evidence in court. The imposition of this Stamp Duty is based on the law established by the government, namely Law No. 13 of 1985. After 35 The year the government replaced the law on Stamp Duty with a new regulation, namely Law No. 10 of 2020, which came into effect on January 1, 2021. In this new law, several changes are adapted to the situation, good socioeconomic condition, law, and information technology. Because it is a new law, some people are not aware of any changes to this law.For this reason, it needs to be disseminated so that people are aware and able to use Stamp Duty by the provisions of the new law. The dissemination was carried out by the lecture method online using the Zoom application. The results can be seen from the questions given to the participants, which can be understood by the participants and answered correctly. This dissemination can further raise public awareness to know and understand the new regulations related to stamp duty.
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Chaerina Chaerina, Irwin Ananta Vidada, and Seno Sudarmono Hadi. "Pengaruh Nilai Impor Dan Realisasi Penerimaan Bea Masuk Terhadap Target Penerimaan Bea Masuk Pada Kantor Pengawasan Dan Pelayanan Bea Dan Cukai Tipe Madya Pabean A Kota Tangerang Selatan." Manajemen Kreatif Jurnal 1, no. 4 (2023): 203–19. http://dx.doi.org/10.55606/makreju.v1i4.2170.
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In the current era of economic development, Indonesia is focused on how the government maximizes state revenues, government agencies or the Directorate General of Customs and Excise need to expand performance or targets in order to face economic competition, that import duty receipts at KPPBC A South Tangerang City in 2020-2022 did not reach the target set by the State Budget which is still increasing and decreasing. This study aims to see how much influence the value of imports and the realization of import duty receipts on the target of partial and simultaneous import duty receipts. The study used a quantitative approach, information in the form of secondary data, namely time series data totaling 36 samples, data collection techniques using obseration and documentation. This study used the classical assumption test analysis method of multiple linear regression with SPSS. The acquisition of research shows that the value of imports has a positive and significant effect on the target of import duty receipts, while the realization of import duty receipts has a positive and insignificant effect on the target of import duty receipts. Simultaneously, the value of imports and the realization of import duty receipts have a significant effect on the target of import duty receipts at KPPBC A South Tangerang City. For future researchers, it is better to conduct studies in more than one region or port so that the results of the study can represent the overall condition in Indonesia in order to obtain accurate, representative and complete data so that the analysis and findings in the study become more valid.
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Neustater, Evan. "Litigating for the Homeland: An Indian Treaty Framework to Climate Litigation in the Wake of Juliana." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 303. http://dx.doi.org/10.36640/mjeal.10.1.litigating.
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Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a trust relationship with federal Indian tribes, and that relationship obliges a duty of protection upon the federal government. This Note argues that those obligations may support climate change claims under the theory that the government, by failing to address climate change, has failed its duty of protection under its treaties.
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Townshend, H. W. Roger, and Michael McClurg. "The Duty to Consult and Accommodate Aboriginal Peoples: A Primer for Ontario Surveyors Working in Resources Development." GEOMATICA 68, no. 1 (2014): 15–24. http://dx.doi.org/10.5623/cig2014-002.
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Aboriginal law has developed to require Aboriginal peoples to be “consulted and accommodated” if their rights may be impacted by a government decision, including a government permit or approval of a project of a private proponent. For example, hunting rights often exist throughout a First Nation’s treaty or traditional territory (i.e. far beyond the limits of reserves), and the duty to consult and accommodate can be triggered by mining and other resource development. Contrary to the common understanding of some of those unfamiliar with this area of law, this duty applies not only to activities undertaken under federal authorization, but also to those under provincial authorization. The Crown’s “duty to consult and accommodate” Aboriginal peoples has become a central theme in the discussion of natural resource development in Canada. In response to various decisions of Canadian courts, the Government of Ontario significantly overhauled its Mining Act in 2009 to provide for some consultation with Aboriginal communities. Those changes came in to effect in the spring of 2013. This paper will describe the constitutional duty to consult as it has been described and elaborated on by courts in Canada and some of the implications it has for resource extraction in Ontario. It will then undertake a case study discussing Ontario’s attempt to respond to its duty to consult by amending the Mining Act regime. Finally, the paper will consider the flaws in the Mining Act and the reasons that exploration companies and surveyors working for them should be prudent and pro-active when undertaking intrusive activities in the traditional territories of Aboriginal peoples.
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Tegeler, Philip. "The 'Compelling Government Interest' in School Diversity: Rebuilding the Case for an Affirmative Government Role." University of Michigan Journal of Law Reform, no. 47.4 (2014): 1021. http://dx.doi.org/10.36646/mjlr.47.4.compelling.
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How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and how might it be enforced? This Article will attempt to answer these questions by exploring the potential legal sources of the federal government’s powers and duties with respect to avoiding racial isolation in the public schools and to the government’s affirmative obligation to promote integration. Part I will explore sources of legal authority for affirmative school diversity policies at the federal executive level. Part II will propose a new, more proactive approach to assessing state and local segregation impacts that the Department of Education could adopt within its existing Title VI authority. Part III will identify non-prescriptive funding incentives that the Department could include in its competitive grant programs to support school diversity. Finally, Part IV will suggest data metrics the Department could include in its data reporting programs to incentivize performance by state governments and local districts. In sum, the federal government has multiple tools at its disposal to advance the promise of Brown and Parents Involved. Its continuing failure to assert these inherent powers will inexorably result in increasing segregation at the local level.
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Kelman, Ilan. "Governmental duty of care for disaster-related science diplomacy." Disaster Prevention and Management: An International Journal 26, no. 4 (2017): 412–23. http://dx.doi.org/10.1108/dpm-02-2017-0031.
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Purpose The purpose of this paper is to present a first exploration of governmental duty of care towards scientists involved in science diplomacy by focusing on disaster research. Design/methodology/approach The method is a conceptual exploration, using specific case studies and potential scenarios within theories and practices of science diplomacy and duty of care, to raise questions and to suggest policy recommendations for government. The focus on disaster research links the analysis to disaster diplomacy, namely, how and why disaster-related activities (in this case, science) do and do not influence peace and conflict. Findings From examining case studies of, and outputs and outcomes from, disaster-related science diplomacy, governments need to consider duty of care issues in advance and develop a science diplomacy strategy, rather than responding after the fact or developing policy ad hoc. Practical implications Policy recommendations are provided to try to ensure that governments avoid simply reacting after a crisis, instead being ready for a situation before it arises and drawing on others’ experience to improve their own actions. Social implications Improved interaction between science and society is discussed in the context of diplomacy, especially for disaster-related activities. Originality/value Governmental duty of care has not before been applied to science diplomacy. The focus on disaster-related science further provides a comparatively new dimension for science diplomacy.
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Ngari, Paul Kinyua, Sharon Atieno Ooko, Maryann Wanjiku Huho, Sammy Kibet Chemos, and Allen Nyachieo Onchimbo. "Analyzing the Relationship between Government Revenue and Economic Growth in Kenya from 2012-2022 using Multiple Linear Regression." African Scientific Annual Review 1, Mathematics 1 (2024): 39–55. http://dx.doi.org/10.51867/asarev.maths.1.1.4.
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The relationship between government revenue and economic growth is a debate that has existed for a long time in the living history.Government revenue impacts economic growth differently within different regions. Some researchers argue that government revenue positively affects economic growth while others argue that the relationship is negative. However, minimal literature exists exploring the relationship between the two variables at country specific level. The objective of this study was to determine the relationship between Government revenue and economic growth in Kenya. The research adopted the correlational study design. The study used secondary data collected from the Central Bank of Kenya, KNBS, and Government records such as the finance Act. We collected data on different sources of Government Revenue such income tax, Value Added Tax (VAT), excise duty, import duty, Other tax income. The study also included data on non-tax revenue. The set of data under the study was from the financial years 2011/2012 to 2022/2023. The analysis has been done by the use of R software. To identify the level of association of the study variables such as GDP,Income tax,VAT,excise tax,import duty,other tax and non-tax revenue, he study employs multiple linear regression analysis. To check on the level of significance, we tested at 5% significant levels. The p-value is 0.008462 which was less than 0.05 hence we reject the null hypothesis and conclude that there is significant positive relationship between Government Revenue and Economic growth in Kenya.
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Xie, Yue. "Rising Central Spending on Public Security and the Dilemma Facing Grassroots Officials in China." Journal of Current Chinese Affairs 42, no. 2 (2013): 79–109. http://dx.doi.org/10.1177/186810261304200204.
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In response to worsening social instability in China, among grassroots communities in the poorer central and western provinces in particular, the Chinese central government has made budgetary arrangements, since 2003, to increase investment at the grassroots level to improve the capacity of local governments to maintain social order. However, this action by central government has created a dilemma for local cadres: how to perform their duty to maintain social stability while also balancing a heavy fiscal burden caused in part by the receipt of insufficient additional budgetary subsidies from higher government. This paper is an account of and an analysis of how local cadres in China perform their official duties when faced with this dilemma.
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Dahlan, Khalid, and Anna Erliyana Chandra. "Kedudukan Peradilan Administrasi Negara Sebagai Upaya Dalam Mendorong Terbentuknya Pemerintahan Yang Baik." Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial 6, no. 1 (2021): 10. http://dx.doi.org/10.22373/justisia.v6i1.10609.
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Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.
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van Zeben, Josephine. "Establishing a Governmental Duty of Care for Climate Change Mitigation: WillUrgendaTurn the Tide?" Transnational Environmental Law 4, no. 2 (2015): 339–57. http://dx.doi.org/10.1017/s2047102515000199.
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AbstractLiability for causing or failing to mitigate climate change has long been proposed as an alternative, or backstop, to lagging international cooperation. Thus far, there has been very limited success in holding governments or individuals responsible for the emission of greenhouse gases (GHGs) that are considered the primary cause of anthropogenic climate change. The recent landmark decision inUrgenda Foundationv.Government of the Netherlands (Ministry of Infrastructure and the Environment)breaks with this tradition. In June 2015, the Dutch District Court (The Hague) held that the current climate policies of the government are not sufficiently ambitious for it to fulfil its duty of care towards Dutch society. The judgment, and the accompanying order for the government to adopt stricter GHG reduction policies, raises important questions about the future of climate change liability litigation, the separation of powers between the judiciary and the legislature, and the effect of litigation on international climate change negotiation and cooperation.
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Heyman, Steven J. "The First Duty of Government: Protection, Liberty and the Fourteenth Amendment." Duke Law Journal 41, no. 3 (1991): 507. http://dx.doi.org/10.2307/1372846.
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Hoogsteden, Christopher, and Paul Cross. "Public access to GPS - government duty, economic rationality or international philanthropy?" CISM journal 46, no. 1 (1992): 41–53. http://dx.doi.org/10.1139/geomat-1992-0005.
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Silversides, A. "Scientists have a duty to challenge government policies, top researcher says." Canadian Medical Association Journal 182, no. 1 (2009): E35—E36. http://dx.doi.org/10.1503/cmaj.109-3114.
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Conley, H., and M. Page. "The Gender Equality Duty in Local Government: The Prospects for Integration." Industrial Law Journal 39, no. 3 (2010): 321–25. http://dx.doi.org/10.1093/indlaw/dwq017.
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Pscheidt, Kristian Rodrigo. "Social development and private health care system: three ways for success." Revista de Direito Econômico e Socioambiental 6, no. 2 (2015): 29. http://dx.doi.org/10.7213/rev.dir.econ.socioambienta.06.002.ao02.
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A deep analysis in the Brazilian health care system shows how Government depends from private companies. State has the Constitutional duty to implement and develop the health care system, but its goal only is possible if Interact with the private sector. In this way, there are three ways for success: increase tax incentives, adopt an information economics and recognize health as a scarce resource. In fact, nowadays, private sector are assuming a duty without a public incentive policy, and it may impact in the sustainability of all health care system, as for private as for Government.
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Hossain, Dr Md Iqbal, and Dr Mohammad Nayeem Abdullah. "Tax Structure and Its Relationship with Economic Growth – Bangladesh Context." Business Perspective Review 4, no. 1 (2022): 1–15. http://dx.doi.org/10.38157/bpr.v4i1.368.
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Purpose: The paper aims to explain the current tax structure of Bangladesh. It also intends to identify the relationship between different categories of taxes and the country’s economic growth. Methods: Data have been gathered from different publications of the government for a period of 29 years from 1989-90 to 2017-18. Both descriptive and inferential statistics are utilized to achieve the purpose of the study. Results: Results reveal that tax revenue constitutes, on average, 84.20% of the total revenue of the Government of Bangladesh, while 70.47% of the total tax comes from indirect sources. VAT has been found as the largest source of tax revenue (34.12% of the total tax) followed by income tax (27%). Supplementary duty and customs duty contribute significantly to the national exchequer amounting to approximately 15% of the total tax each. Concerning the influence of taxation on economic growth, indirect taxes are found significant. When corporate and personal income taxes are considered, only personal income tax is identified as having a significant impact on economic growth. As far as the specific categories of taxes are concerned, customs duty, excise duty, and non-tax revenue are found significant, while income tax, VAT, supplementary duty, and other taxes do not have any significant relationship with the economic growth of Bangladesh. Implications: The paper recommends enhancing the collection of indirect tax, as well as expansion of the tax net to bring more and more people under the umbrella of taxation rather than increasing the tax rate which may impede entrepreneurial enthusiasm at the individual level. Limitations: The study combines some types of taxes such as import duty, export duty, narcotics duty, land tax, motor vehicle tax, surcharge, etc. under one heading, namely other taxes. As such the impact of these taxes per se on economic growth remains unveiled.
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Conley, Hazel, and Margaret Page. "The Good, the Not So Good and the Ugly: Gender Equality, Equal Pay and Austerity in English Local Government." Work, Employment and Society 32, no. 4 (2018): 789–805. http://dx.doi.org/10.1177/0950017018768207.
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Drawing on theories of responsive and reflexive legislation and gender mainstreaming, this article examines the implementation of the gender equality duty and the Single Status Agreement in five English local authorities between 2008 and 2010. Both of these initiatives coincided with the global financial crisis. The data highlights how organizational restructuring following budget cuts resulted in the separation of these two important initiatives between equality and human resource management teams, preventing the duty from reaching the high expectations of the Equal Opportunities Commission and the Women and Work Commission. The reliance on equal pay legislation and the failure to use the gender equality duty missed an opportunity to move away from adversarial forms of legislation and towards more responsive forms of regulation of pay equality.
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Syahni, Putri Purnama. "Factors Affecting Indonesia’s Import Duty Revenue." Efficient: Indonesian Journal of Development Economics 4, no. 3 (2021): 1390–99. http://dx.doi.org/10.15294/efficient.v4i3.48127.
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Import duty revenue is a source of government funds that can be used to finance development activities in an effort to create public welfare and grow a good progress of Indonesia’s economic activities. This study aims to analyze the factors that influence import duty revenue in Indonesia in the years 1989-2019. The analysis method used is multiple regression with the Error Correction Model (ECM) approach with time series data from 1989-2019. The results showed that the exchange rate of the IDR against the USD, the value of imports, and the index of economic openess had a significant effect on the acceptance of import duties revenue. This study suggests the government to be able to control the exchange rate of the IDR against the USD, tighten supervision related to procedures for import activities and be assessed not to make import duty revenue one of the main sources of state revenue.
 
 Penerimaan bea masuk merupakan salah satu sumber dana pemerintah yang dapat digunakan untuk membiayai kegiatan pembangunan dalam upaya menciptakan kesejahteraan masyarakat dan kelancaran dalam kegiatan perekonomian Indonesia. Penelitian ini bertujuan untuk menganalisis factor-faktor yang mempengaruhi penerimaan bea masuk di Indonesia pada tahun 1989-2019. Metode analisis yang digunakan adalah regresi berganda dengan pendekatan Error Correction Model (ECM) dengan data time series dari tahun 1989-2019. Hasil penelitian menunjukkan bahwa kurs rupiah terhadap dollar AS, nilai impor, dan indeks keterbukaan ekonomi berpengaruh signifikan terhadap penerimaan bea masuk. Sementara volume impor tidak berpengaruh terhadap penerimaan bea masuk. Penelitian ini menyarankan pemerintah agar mampu mengendalikan nilai tukar rupiah terhadap dollar AS, memperketat pengawasan terkait prosedur kegiatan impor dan dinilai untuk tidak lagi menjadikan penerimaan bea masuk sebagai salah satu sumber utama dalam penerimaan negara.
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Raymond A., Ezejiofor, and Apete Collins. "Stamp Duty Tax and Growth of Economy: Evidence from Nigeria." Macro Management & Public Policies 5, no. 1 (2023): 50–56. http://dx.doi.org/10.30564/mmpp.v5i1.5523.
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This study looked at the impact of the Nigerian stamp duty tax on the growth of the economy. Time series data were employed spanning the years 1999-2020. For various years, related data were extracted from the Central Bank of Nigeria Statistical Bulletin, the Bureau of National Statistics, and Federal Inland Revenue Service reports. E-view 9.0 was used to test the hypothesis using the ordinary least square. The study outcome revealed that stamp duty has an insignificant and positive impact on Nigeria’s economic growth. It was recommended that the government improve public entities and provide strong government investment as a source of domestic revenue generated from various business activities.
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Liazos, Ariane, and Marshall Ganz. "Duty to the Race." Social Science History 28, no. 3 (2004): 485–534. http://dx.doi.org/10.1017/s0145553200012827.
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In 1904, leaders of three major white fraternal orders launched a nationally coordinated legislative and legal campaign to force their black counterparts out of existence, a struggle that spread to atleast 29 states and culminated in victories for the African American groups before the U.S. Supreme Court in 1912 and 1929. The organizational structures of the black orders, usually consisting of a tripartite system of local, state, and national lodges, were critical in this successful defense of the legal right to form and operate fraternal organizations. These structures enabled fraternal members and leaders to turn local disputes into national ones, devise strategies based on the interplay of different levels of government, and sustain a discourse that facilitated internal mobilization and minimized external opposition. While most scholarship on resistance to Jim Crow has focused on local activism, the defense mounted by these orders facilitated the development of sophisticated, nationwide networks binding together local fraternal leaders and African American lawyers. These networks became a critical venue for the development of oppositional traditions, organizational infrastructures, and leadership ties that kept resistance alive under Jim Crow and laid the building blocks for future political and civil rights-related work. In particular, these fraternal lawyers, a number of whom went on to work for the NAACP, honed skills in these trials that were also central to the NAACP’s legal strategy, especially in learning to tailor cases to achieve federal hearings.
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Ismail, Akhmad Ghofar, and Ridwanto Ardi Kusumo. "How Government Strengthens the Street Vendors: Analysis of the Role of Brebes District Government." Journal of Law and Legal Reform 1, no. 1 (2019): 49–60. http://dx.doi.org/10.15294/jllr.v1i1.35408.
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The empowerment of street vendors in an area, if appropriately managed, will be able to improve the economy of the community and the local government. It is the duty of the local government. This study aims to find out the efforts and impacts of street vendors' empowerment by the Brebes Regency government. The results showed that: (1) street vendors' empowerment efforts carried out by the Brebes Regency Government were reasonable, but it would be better if street vendors’ empowerment efforts had special regional regulations related to street vendors’ empowerment. (2) The impact of empowerment by the Brebes Regency Government is divided into two aspects, namely social and economic issues. Common elements, for example, the formation of street vendor associations, a more organized environment, in financial aspects, for instance increasing street vendors' income and increasing the income of Brebes Regency.
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Robb, Peter. "Completing “Our Stock of Geography”, or an Object “Still More Sublime”: Colin Mackenzie's Survey of Mysore, 1799–1810." Journal of the Royal Asiatic Society 8, no. 2 (1998): 181–206. http://dx.doi.org/10.1017/s1356186300009974.
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To facilitate & promote all enquiries which may be calculated to enlarge the boundaries of General Science is a Duty imposed on the British Government in India by its present exalted situation & the discharge of that Duty is in a more especial manner required from us when any material addition can be made to the Public Stock of useful knowledge without involving considerable expence.… [T]his desirable object will never be attained unless it shall be made the Duty of some Public Officer properly qualified for this Service to collect information & to digest & publish the results of his researches.
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Yang, Daoyuan, Rui Wu, Xinyu Zhang, et al. "Research on a multi-scale emission factor dataset constructing method." E3S Web of Conferences 536 (2024): 03014. http://dx.doi.org/10.1051/e3sconf/202453603014.
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This paper proposes a multi-scale emission factor dataset constructing method. Firstly, actual road driving and pollutant emission data of heavy-duty trucks are obtained. Subsequently, a method for dividing multi-scale Bin intervals based on engine load, vehicle speed, and acceleration is proposed to establish suitable multi-scale Bin intervals for the driving characteristics of heavy-duty trucks. Finally, based on the proposed method, an emission factor dataset highlighting typical driving characteristics of heavy-duty trucks is constructed. The research findings will provide government regulatory authorities with more microscopic and multi-scale guidance on motor vehicle emissions.
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Budiman, Arif. "PENGATURAN PENGAWASAN LALU LINTAS BARANG KENA CUKAI PADA KAWASAN PERDAGANGAN BEBAS (Studi Pencabutan Fasilitas Cukai Pada Kawasan Perdagangan Bebas)." UNES Law Review 3, no. 4 (2021): 392–405. http://dx.doi.org/10.31933/unesrev.v3i4.202.
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 Based on Article 17 section (2) of Government Regulation Number 10 of 2012 Excisable Goods in Free Trade Zone (FTZ) can be granted exemption. However, after the issuance of Government Regulation Number 41 of 2021 the duty-free facility is revoked, the Excisable Goods in FTZ is charged to excise duty. Formulation of the problem in this thesis is how to regulate and supervise the excisable goods traffic at the FTZ and how to implicate the juridical of the official note issued by the Director General of Customs and Excise regarding the Revocation of Duty-Free Facilities at the FTZ. This is a legal research with descriptive specifications. The approach used is a normative juridical approach. It is used secondary data collected through literature research and analyzed the data qualitatively to be presented in a qualitative descriptive form. Based on the results of the study, it is known that the Regulation of the Traffic of Excisable Goods at the FTZ in Indonesia before the Memorandum of the Directorate General of Customs and Excise number 466/BC/2019 used the CK-FTZ document. Following the Government Regulation Number 41 of 2021, the arrangement was the same as the excise document in other customs areas. The supervision of the traffic of excisable goods at the FTZ in Indonesia carried out by DJBC is a form of prevention and repressive (action). The Juridical Implications of the Official Memorandum number ND-466/BC/2019 revoke the duty-free facility at the FTZ indirectly. Government Regulation Number 41 of 2021 has been issued to answer the Official Memorandum, but it is necessary to review it if it is related to the above regulation, Law Number 44 of 2007 so that in the formation of a legislation in accordance with the hierarchy and in line "lex superior" principle. derogat legi inferior".
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Imam Tri Wahyudi and Akhmad Firdiansyah. "A Perspective on Imposing Import Duty on Digital Goods in Indonesia." Customs Research and Applications Journal 1, no. 1 (2019): 64–77. http://dx.doi.org/10.31092/craj.v1i1.21.
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Since 1998, the WTO Members have applied a moratorium against tariffs on internationalelectronic transmissions (commonly referred to as the WTO ‘E-Commerce’ Moratorium).However, some WTO Members have recently taken steps to undermine the Moratorium,given the potential revenues that might be generated by imposing tariffs on electronictransmissions, included Indonesia. With this potential revenues generated by imposingtariffs on electronic transmissions, the Indonesian government issued Ministry of FinanceRegulation No. 17/PMK.010/2018, provides Chapter 99 to covers intangible goods (ie,software and other digital products) that previously were not covered under the Indonesiantariff system. The next issues after regulation issued are how governments develop newcapabilities to implement it. This study will explore alternative policy to implementcustoms regulation related to digital goods with a qualitative approach using the casestudy.
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Reestman, Jan-Herman. "The Fiscal Compact: Europe's Not Always Able to Speak German: On the Dutch Implementing Act and the Hazardous Interpretation of the Implementation Duty in Article 3(2) Fiscal Compact." European Constitutional Law Review 9, no. 3 (2013): 480–500. http://dx.doi.org/10.1017/s1574019612001253.
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Fiscal Compact: duty to implement balanced budget rule, automatic correction mechanism and independent budget supervisor in national law – The Netherlands: Act on sustainable government finances – Act does not bind the (budget) legislature – Conformity with the implementation duty in Article 3(2) Fiscal Compact? – The first reading of Article 3(2) – The second reading of Article 3(2) – The genesis of Article 3(2) – Recourse to (Dutch and French) monism?
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Rumianti, Susti, Eda Mervita, and Dadang Ishak Iskandar. "Peran Pemerintah Kotabumi Meningkatkan Perdagangan Internasional Khususnya Ekspor." Jurnal Ilmiah Manajemen Kesatuan 9, no. 3 (2021): 693–700. http://dx.doi.org/10.37641/jimkes.v9i3.2332.
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International trade is the main pillar of the global economy, therefore the government's role is needed to improve the quality and quantity of international trade, especially exports, by implementing import duty exemption policies and providing incentives for MSMEs. The government must also be able to take advantage of the potential for market expansion and improve people's welfare. However, strict supervision of imports is also needed to protect domestic industry from the negative impacts of international trade. The government needs to use various instruments, such as tariffs and import quotas, to strike a balance between protecting local industry and meeting domestic needs. Free trade agreements are also an important instrument for opening wider market access. This research highlights the key role of government in managing the dynamics of international trade for sustainable economic growth and societal welfare. Keywords : International Trade, Government, Export
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Kennedy, Gerard J., and Lorne Sossin. "Justiciability, Access to Justice and the Development of Constitutional Law in Canada." Federal Law Review 45, no. 4 (2017): 707–23. http://dx.doi.org/10.22145/flr.45.4.10.
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Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant's duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter rights. The authors ultimately posit that the government should have a duty of restraint in using summary procedures to end public law litigation, and courts should be reluctant to permit the government to preclude such litigation aimed at advancing the evolution of the Charter from reaching hearings on the merits.
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Saputra, Joni. "Pengaruh BPHTB Dan PBB Terhadap Pendapatan Asli Daerah Kabupaten Nagan Raya." Akbis: Media Riset Akuntansi dan Bisnis 7, no. 1 (2023): 23. http://dx.doi.org/10.35308/akbis.v7i1.7396.
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This study aims to examine and analyze the effect of Acquisition Duty of Right on Land and Building and Land and Building Tax on Original Local Government Revenue of Nagan Raya Regency for the period 2017-2021 (Case Study on the Nagan Raya Regional Financial Management Agency). This research is a quantitative study with a total sample of 20 data. In this study, data were taken from realization reports over a period of 5 years, processed and analyzed using Multiple Linear Regression Tests. To test the hypothesis using the coefficient of determination that has been adjusted with the t and F tests. The results of this research data indicate that the Fee for Acquisition Duty of Right on Land and Building has a positive and significant effect on Original Local Government Revenue. Land and Building has a positive and significant effect on Original Local Government Revenue of Nagan Raya Regency.
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Permatasari, Yofi, Andika Jinaratana, Criestian Hadiwinata, Pascal Amadeo Yapputro, and Maulida Syahrin Najmi. "Regional Autonomy in the Context of Regional Regulations." Asian Journal of Social and Humanities 1, no. 09 (2023): 431–39. http://dx.doi.org/10.59888/ajosh.v1i09.37.
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This study discusses local autonomy in the context of local regulation. Based on the 2014 Law No. 23 on Local Governments, Article 1, Paragraph 6, local governments are defined as the execution of administrative affairs by local governments based on the principle of local autonomy. Regional autonomy is the right, authority and duty of autonomous regions to regulate and control their own government affairs and the interests of their communities within the unitary national system of the Republic of Indonesia. Regional chiefs are empowered to organize and control the affairs of their regional governments, but must still take precedence over national law. One way to promote local autonomy in governance is to require a system that can implement democratic principles that provide opportunities for citizens to participate in state government. This discussion describes how the role of local regulation has emerged and how it affects central governments in maintaining local autonomy practices.
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SIDOROVA, Elena Yu, and Aleksei A. ARTEM'EV. "The customs procedure of duty-free trade: Methodological problems of indirect taxation and solutions." Finance and Credit 27, no. 6 (2021): 1270–91. http://dx.doi.org/10.24891/fc.27.6.1270.
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Subject. The article discusses customs payments made as part of sale and purchase deals for imported goods passing the duty-free trade customs clearance procedure. Objectives. We study methodological aspects of indirect taxation in the sale of goods passing the duty-free trade customs clearance procedure, and determine economically reasonable consequences in common situations. Methods. We use the graphic method, methods of comparison and observation to prove the reasonableness, reliability of methodological provisions and provide our reasoning on economically correct tax implications of indirect taxes as part of sale of imported goods subject to the duty-free trade customs clearance procedure. Results. Setting forth effective rules for duty-free shops and the use of the duty-free customs clearance procedure, the government expected that goods be sold to outbound passengers. However, as the real situation shows, inbound passengers can also go for duty-free shopping. Some methodological issues and contradictions arose after the scope of the duty-free procedure changed. There are two types of deals in selling goods to a duty-free shop (the seller is a Russian resident in the first case, but not in the other). Furthermore, currently, duty-free shops may sell goods to each other, being in the Russian Federation, which also engenders complicated contractual schemes. Conclusions. The paper outlines scenarios of selling goods to duty-free shops, and respective tax implications. We also consider the mechanism for charging taxes on deals involving goods subject to the duty-free trade procedure. In this study, we determine the taxation of other transactions that duty-free shops can make, out of the scope of the duty-free trade customs clearance procedure.