The Problem of Compensation Claims in the Case of Officials of Local Administrative Organization Violating the Government Organization Agencies
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Abstract
The objectives of article were to study the concepts, theories and legal Provisions relative to claims compensation for damage from local Administration Organization Official who violation the laws against government agencies.2) to study the problems of compensation claims by the local administrative organization officials in violation of law against government agencies. 3) to provide becomes suggestions resolution on how to amend the liability laws and violations of officials to be more appropriate. The method of research is qualitative research by studying documents and in-depth interview methods 3 legal scholars, 3 local administrators, 3 officials from the local government organization. The results of the research were shown that 1) in principle, any person who committed a wrongful act that person shall be liable for his own actions. According to the theory of Tort liability of the wrong does However, in the case of officials committing a wrongful act under the Official Liability Act of 1996, liability was given only for gross negligence in proportion to the commission of the wrongful act. In order to be careful and pay attention in performing duties 2) There was a major problem in claiming compensation, under the regulations of the Prime Minister's Office no. 8, not specifying the qualifications of the persons who will be the committee for investigation of liability and violation of legal inconsistency regarding the interpretation of the extension. 1 year time of the Liability Act, Section 10, paragraph two, with the rules of the Office of the Prime Minister, Article 18, paragraph two, causing operators to have problems find out in the law 3) the researcher therefore recommends that the aw should be revised by specifying the qualifications of the fact examination committee to be clear. Also the recommend under amendment the regulations of the Prime Minister's Office, Article 18, paragraph two, by secifying the case that has to be extended for 1 year with the case of not having to extend the period of 1 year in order to be in line with the main law that gives the power to enact such regulations
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References
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