A Regulatory Analysis of the Specific Allocation Fund (DAK) and Horizontal Equalization in Indonesia

This chapter examines the regulatory arrangements implemented by the Republic of Indonesia governing intergovernmental fiscal arrangements relating to specific funding allocations. The Specific Allocation Fund (DAK) is a statutorily created and governed policy instrument enabling the central government to make specific fiscal transfers to regional and district governments that qualify for horizontal equalization assistance. The question that forms the basis of this chapter is whether the measures implemented to achieve DAK policy objectives constitute a coherent and operationally effective regulatory scheme. The mechanics and operational well functioning of the regulatory scheme are analyzed by examining the regulatory coherence of the statutory arrangements underlying the DAK. An outcome of this analysis includes consideration of the benefits of creating of a special administrative body to improve the functioning of the regulatory scheme.

A Regulatory Analysis of the Specific Allocation Fund (Dak) and Horizontal Equalization in Indonesia

This chapter examines the regulatory arrangements implemented by the republic of Indonesia governing intergovernmental fiscal arrangements relating to specific funding allocations. the specific allocation fund (dak) is a statutorily created and governed policy instrument enabling the central government to make ‘specific\u27 fiscal transfers to regional and district governments that qualify for horizontal equalization assistance. the question that forms the basis of this chapter is whether the measures implemented to achieve dak policy objectives constitute a coherent and operationally effective regulatory scheme. the mechanics and operational well functioning of the regulatory scheme are analyzed by examining the regulatory coherence of the statutory arrangements underlying the dak. an outcome of this analysis includes consideration of the benefits of creating of a special administrative body to improve the functioning of the regulatory scheme

Preferential trade agreements and their implications for customs services

Over the past decade, debate concerning the advantages of regional or preferential trade agreements (PTAs) has continued apace. The debate has taken various twists and turns but one emerging theme is the relationship between PTAs and the more contemporary issue of trade facilitation. The aim of this article is to examine the implications that flow from PTAs on customs services, the key administrative body charged with managing trade facilitation. The article identifies the major factors impacting most heavily on any customs service, which include: an increase in trade volumes which require additional resources and personnel to cope with associated trade flow increases; significant institutional, regulatory and procedural changes required to meet substantive commitments as part of PTA obligations (depending on type of PTA); significant procedural and technological adjustments required to meet PTA obligations in relation to streamlining trade; significant internal capacity building requirements to meet conventional trade facilitation adjustments; and important internal and external adjustments and reorganization required to meet secure trade requirements. © 2007 Kluwer Law International

A Regulatory Analysis of the Specific Allocation Fund (DAK) and Horizontal Equalization in Indonesia

This chapter examines the regulatory arrangements implemented by the Republic of Indonesia governing intergovernmental fiscal arrangements relating to specific funding allocations. The Specific Allocation Fund (DAK) is a statutorily created and governed policy instrument enabling the central government to make ‘specific’ fiscal transfers to regional and district governments that qualify for horizontal equalization assistance. The question that forms the basis of this chapter is whether the measures implemented to achieve DAK policy objectives constitute a coherent and operationally effective regulatory scheme. The mechanics and operational well functioning of the regulatory scheme are analyzed by examining the regulatory coherence of the statutory arrangements underlying the DAK. An outcome of this analysis includes consideration of the benefits of creating of a special administrative body to improve the functioning of the regulatory scheme.

Designing Effective Regulation: A Positive Theory

The design of regulation has undergone much change with the rise of the regulatory state.1 The use of the rigid and punitive command-and-control approach has been superseded by new and more flexible ways of addressing social problems. However, the new approaches are not a panacea.2 For example, it is widely accepted that newer approaches used to regulate banks in the United States and some European countries contributed to the Global Financial Crisis – a failure having prolonged and catastrophic effects.3 A more modest example is the near total collapse of the Australian childcare sector in 2008 following the ‘deregulation’ of the industry without adequate public oversight mechanisms

The Political Division of Regulatory Labour: A Legal Theory of Agency Selection

The objective of this paper is to present a legal theory of agency selection. The theory posits why certain legal forms of agency are chosen when agencies are created by the executive branch of government. At the core of the theory is the idea that the executive branch chooses agency forms that strike a politically optimal balance between maximising its control while minimising its legal and political accountability for agency activities. This optimal balance is determined on an issue by issue basis. As such, the rise of the regulatory state has provided a means by which the executive branch of government has been able to strategically choose to divest itself of and minimise its legal accountability for the administration of government while, at the same time, maintaining effective political control of the administrative arm of government

Идентификация лиц в интернете и киберпространство социальных сетей

The interaction between corporate social responsibility (CSR) obligations and directors\u27 legal duties is underexamined. This article addresses that void by examining directors\u27 duties in case law and legislation across the major commonwealth countries and the U.S.A. It provides an analysis of leading cases and examines how they deal with directors\u27 duties, the doctrine of shareholder primacy, corporate legal theory and CSR. The article reviews fiduciary relations and duties and analyzes the directors\u27duties toexercise power in the best interests of the company as a whole and for proper purposes. The article concludes that CSR is well within the accepted range of directors\u27 duties and, in some instances, mandates