Arbitrary Action Research Articles

THE AUDIT AUTHORITY OF THE STATE AUDIT BOARD ON THE VILLAGE FINANCIAL MANAGEMENT IN SOLOK REGENCY

Village development is a critical focus in the third Nawacita, outlined in the 2020-2024 RPJMN. However, uncertainties persist concerning administrative law, particularly in the areas of institutional authority and mechanisms for examining village financial management. The State Audit Board of the Republic of Indonesia (BPK-RI), as the principal financial auditor, lacks a clear mandate under the current State Finance Law to audit village governance and finances. This research utilized normative and empirical juridical analysis methods to identify the necessary audit model for village governments. It was framed using theories of state finance, state financial audits, and authority. The findings indicate a need for legislative alignment between the Laws on State Finance and the Laws on Village Governance. The research concluded that the current authority granted to BPK-RI over village finances carries risks of arbitrary actions and potential lawsuits against BPK-RI. Furthermore, interviews with the Nagari government in Solok Regency highlighted that BPK-RI's audits have positively impacted performance enhancements in village governance. It was suggested that BPK-RI should concentrate on SPI audit models and the performance of the Nagari government. Therefore, an integrated audit model emerges as the ideal approach for effective oversight of village finances.

Ayo, Bisexual Check

Ayo, Bisexual Check

Arbitrariness Prevention in the Context of Achieving the Efficiency of the Rules of Law

Background: Countries of Western political and legal tradition and former socialist countries of Central and Eastern Europe need further arbitrariness prevention in order to establish the rule of law both logically and taxonomically: idea (ideal) – prerequisite (guarantee) – achieving the efficiency of the rule of law. They also require practical application, which reflects the priorities of national interests based on freedom and respect to human dignity. The article contextualises arbitrariness prevention as an applied instrumental concept, essential for bringing the rule of law to the state, which allows the prevention of undue public authorities’ intervention in the process of their discretionary powers in particular spheres of human life. It also seeks the most appropriate approach to its use in combination with other standards and requirements in order to assess and summarise real daily practices of the rule of law existing in many modern societies and states. Functional application of arbitrariness prevention as a means of legal reasoning to access constitutional justice is substantiated. Concentration on the enhancement and implementation of the current Ukrainian mechanism to provide the monitoring of power use by the state and human immunity from arbitrary actions of the state authorities is gaining a real practical value. It is extremely relevant under the conditions of court control over the constitutionality of the state intervention in social and other types of human rights. Methods: Research on arbitrariness prevention in the international and national political and legal context is based on the definition of the rule of law derived from the provisions of the dialectic correlation of natural law and the positivist legal approach. The potential of the latter approach for the provision of sufficient restriction of the power is also very important. Historic, hermeneutic, systemic, structural, axiological, and instrumental approaches promote arbitrariness prevention as a particular specific idea (ideal), which consolidate the advance of social and legal thought as well as the practices of public authority functioning. They also contribute to its superposition over state arbitrariness as a permanently active and clear requirement, instruction and conceptual component, principal rule (sub-rule), and commonly shaped standard, as well as one of non-disputable prerequisites and guarantees of a counter to malpractice of discretionary powers. In this article the theoretical and comparative generalisation of the traditions of the perception of the rule of law proves and confirms, on the ground of therelevant constitutional provisions, and specific court decisions resulted in quite clear reasoning in favour of their implementation in the real legal order and provided a person the possibility of exercising their guaranteed right to appeal to the court against the actions of the state within the scope of the activities of the Constitutional Court of Ukraine. Results and conclusions: The content and meaning of arbitrariness prevention are presented. They reflect the value-normative potential of the rule of law and serve as the basis for the development of the entire set of national constitutional and legal structures, current legislation, mechanisms and procedures for its objective evaluation. The legal positions of the Constitutional Court of Ukraine regarding the introduction of the mechanism of ensuring control over the use of power by the state and protecting people from arbitrary actions of authorities as well as its subordination to achieving the effectiveness of the rule of law are examined in the given article.

Temporal Attention-Pyramid Pooling for Temporal Action Detection

Temporal action detection is a challenging task in video understanding, which is usually divided into two stages: proposal generation and classification. Learning proposal features is a crucial step for both stages. However, most methods ignore temporal information of proposals and consider background and action frames in proposals equally, leading to poor proposal features. In this paper, we propose a novel Temporal Attention-Pyramid Pooling (TAPP) method to learn proposal features of arbitrary length action proposals. The TAPP method exploits the attention mechanism to focus on the discriminative part of proposals, suppressing background influence on proposal features. It constructs a temporal pyramid structure to convert arbitrary length proposal feature sequences to multiple fixed-length sequences while retaining the temporal information. In the TAPP method, we design a multi-scale temporal function and apply it to the temporal pyramid to generate final proposal features. Based on the TAPP method, we construct a temporal action proposal generation model and an action proposal classification model, and then we perform extensive experiments on two mainstream temporal action detection datasets for the temporal action proposal and temporal action detection tasks to verify our models. On the THUMOS'14 dataset, our models based on the TAPP significantly outperform the previous state-of-the-art methods for both tasks.

Спектральные инварианты графов и их приложения в комбинаторике

In this research, we present recent results obtained by the authors. They related to spectral invariants of graphs admitting an arbitrary large cyclic group action. To illustrate them we use the family of circulant graphs = 𝐶𝑛(𝑠1, 𝑠2, . . . , ).The Chebyshev polynomials provide a significant analytical tools for studying theproperties of such graphs and their characteristic polynomials. In particular, this gives a way to find analytical expressions for the number of spanning trees (𝑛), the number of rooted spanning forests 𝑓𝐺(𝑛) and the Kirchhoff index (𝐺𝑛) of a graph. We are interested in the behaviour of these invariants for sufficiently large 𝑛. We provideasymptotic formulas of the above mentioned invariants. These results were motivated by problems arising in theoretical physics, biology and chemistry.

Про формалізацію планів дій з протидії надзвичайним ситуаціям

The problem of formalization of action plans to counter emergency situations is being studied. It is noted that traditional action plans are text documents that are not suitable for solving the tasks of automating the management of emergency situations. A formal description of the state space is given and the expediency of using the state space graph to represent electronic action plans is substantiated. Based on the analysis of the internal structure of the process of countering an abstract emergency, a set of functional groups and their constituent operations are identified, using which an arbitrary action plan can be built. The identification of a set of types of parameters is carried out, through which the formalization of operations is provided. The advantages of using the proposed formalization of action plans for automating the processes of emergency response management are given.

Banks as existential but uncontested Evil of the world economy (about the 2022 Nobel prize in economics)

The author examines the complex of reasons that prompted the Nobel Committee to award the Nobel Prize in Economics for 2022 to former Federal Reserve System chairman B. Bernanke (2006-2014). The award was granted not only to B. Bernanke, now a leading researcher at the Brookings Institute (Washington, D.C.), as well as to two other American economists - a professor at the University of Chicago, Booth School of Business D. Diamond and a professor of Washington University (St. Louis, Missouri) F. Dybvig for their research of the mechanism of the banking system functioning during financial crises. It is emphasized that the awarding of the Nodel prize to B. Bernanke and two other American economists was politically biased and intended to “rehabilitate” the monetary policy pursued by the FRS in 2007-2009 during the Great Recession. In the long run it led in the early 2020s to record inflation rate in 40 years. During his tenure as Chairman of the Fed, Bernanke, as a supporter of the monetary theory of the Great Depression of the 1930s, proposed in 1963 by the head of the Chicago School of monetarists M. Friedman, deliberately departed from the main regulatory norm of the former monetary policy, formulated in 1993 by Stanford University professor J. Taylor (the so-called “Taylor rules”). It provided for the constant excess of the federal fund rate over the current inflation rate in order to keep the consumer price index growth under constant control of the US monetary authorities. As a result of arbitrary actions by the FRS under the leadership of B. Bernanke, at the end of 2008 the federal fund rate was lowered to zero, and since then it has been consistently below the inflation index. As a result, in the early 2020s, the Fed lost control over inflationary processes in the American economy. These actions of the Fed were a direct consequence of the incorrect diagnosis made by B. Bernanke. He stated that the main threat to the American economy in XXI century, as in the 1930s, is a hypothetical deflationary mode of operation, although since the end of World War II the US economy functioned exclusively in an inflationary mode. Combined with the uncontrolled use of the printing press and exorbitant lending in the period 2007-2009 the Fed managed to minimize the crisis in the US banking system, in fact, to save it, at the cost of transforming the so-called “liquidity trap” into a “debt trap”. The Nobel Prize was awarded to B. Bernanke by the Swedish Central Bank for saving both the American and the leading segments of the world banking system, however, at present, the general population and various sectors of the real economy have to pay for such experiments in monetary policy.

EXECUTION OF FIDUCIARY GUARANTEE IN MOTOR VEHICLE FINANCING AGREEMENT

Fiduciary guarantees are designed to facilitate public access to credit. However, various issues arise in their implementation, particularly concerning the execution of fiduciary guarantees and instances of arbitrary actions during the billing process. The problem of fiduciary guarantee execution has garnered public attention following the Constitutional Court Decision No. 2/PUU-XIX/2021, issued on August 31, 2021. This decision is perceived to potentially simplify the process for financing companies in executing fiduciary guarantees. This research aims to (1) analyze the execution of fiduciary guarantees in motor vehicle financing agreements following the Constitutional Court Decision No. 2/PUU-XIX/2021, and (2) examine the legal enforcement concerning violations committed by debt collectors. The study employs a normative legal research method, utilizing a legal approach to address these issues.

Securing Software-Defined WSNs Communication via Trust Management

Software-defined wireless sensor networks (SDWSNs) can be functionally affected by malicious sensor nodes that perform arbitrary actions, e.g., message dropping or flooding. The malicious nodes can degrade the availability of the network due to in-band communications and the inherent lack of secure channels in SDWSNs. In this article, we design a hierarchical trust management scheme for SDWSNs (namely, TSW) to detect potential threats inside SDWSNs while promoting node cooperation and supporting decision making in the forwarding process. TSW evaluates the trustworthiness of involved nodes and enables the detection of malicious behavior at various levels of the SDWSN architecture. We develop sensitive trust computational models to detect several malicious attacks. Furthermore, we propose separate trust scores and parameters for control and data traffic, respectively, to enhance the detection performance against attacks directed at the crucial traffic of the control plane. Furthermore, we develop an acknowledgment-based trust recording mechanism by exploiting some built-in SDN control messages. To ensure the resilience and honesty of the trust scores, a weighted averaging approach is adopted, and a reliability trust metric is defined. Through extensive analyses and numerical simulations, we demonstrate that TSW is efficient in detecting malicious nodes that launch several communications and trust management threats, such as black-hole, selective forwarding, denial of service, bad mouthing, and ON–OFF attacks.

Simbol Palu dan Eksistensinya dalam Politik Praktis Indonesia ‎Tahun 1955‎

In the history of Indonesia, the workers have played a relatively important role in the course of the nation. At a time when the Indonesian people were fighting for independence, the role of the workers could not be ignored, could not be forgotten. They worked hand in hand with other mass groups to free the Indonesian people from the grip of the colonialists. This article aims to reveal how the existence of workers in the socio-political situation and their involvement in practical politics in Indonesia in 1955. This article was written using the historical method which consists of several stages, namely heuristics, criticism, interpretation, and historiography. In this article, it can be concluded that there are political and economic relations between trade unions and various political elements, especially with political parties. The relationship between the two has different interests where labor unions have economic interests in order to get a living wage, health insurance and oppose arbitrary actions by employers. Meanwhile, political parties make themselves as a forum for channeling labor union voice aspirations and use them as a vote base.

Supremacy of Parliament Undermined by Irregular Promulgation of Ordinances (A Case Study with Reference to Pakistan)

Pakistan claims to have parliamentary system of government under the Constitution of Pakistan 1973. First constituent assembly introduced a marvelous accumulation of supremacy of Islamic principles within the Constitutional framework based on ideology of liberation movement. The principles of this ideology have been given an overwhelming space in the preamble of Constitution. This claim boosted expectations of the nation to work out a political heritage of faith blended with proceeds of modern popular democratic culture. The governing system of State which had to strictly follow the Constitutional ideals seems to have misplaced its direction. It is in similarity of the colonial system against people struggled for their independence. Several reasons of failure have been alleged but the real cause is having no adherence for principles which the constituent assembly framed for the State Constitution. Resultantly, Constitutions of State (for no reason) were abrogated and held in abeyance twice under the executive decree. Dictatorial regimes promulgated series of irregular Ordinances and Provisional (un)Constitutional Orders. People and institutions needlessly were blamed for failure. State system took refuge in promulgation of Ordinances and autocratic Constitutional orders. Most of the Ordinances were used to implement arbitrary administrative actions and were given the colour of royal decree. Several Ordinances are being enforced regardless of their theoretical characteristics. This is reducing the parliamentary legislation inflicting serious blow to the grooming structure of State. The constitutionality of these Ordinances is still in question in superior courts. This study intends to determine the consequences of such extra-constitutional practices and the dimensions of loss to political system of State. The doctrinal method of research was adopted to conduct the study.

СОВЕТ ГЛАВНОГО УПРАВЛЕНИЯ ВОСТОЧНОЙ СИБИРИ: ПОРЯДОК ОРГАНИЗАЦИИ НА ОСНОВАНИИ ПРАВОВЫХ АКТОВ

In the publication, based on a comprehensive analysis of regulations and archival documents on office work, the organizational and personnel aspects of the functioning of the Council of the Main Directorate of Eastern Siberia are disclosed. The characteristics of the functions and competence of the Council are presented, the issues of the establishment and organization of the work of the Council are disclosed. Particular attention is paid to personnel issues and the genesis of the practice of resolving them in the context of a personnel shortage and the struggle of senior officials of the Siberian Territory with central ministries for influence on the Councils of Main Directorates. It is stated that certain indulgences were associated with a temporary solution to the issue of personnel shortages, including through the appointment of officials to the positions of Councilors without the necessary title of State Councilor. At the same time, the powers of such officials were limited and had a temporary character. At the same time, a ban was established on arbitrary actions of governors general to move and dismiss advisers without the consent of the Ministry of the Interior, as well as to distract advisers from the work of the Council during the absence of governors general. It is stated that flexibility in resolving organizational and personnel issues has become the foundation for the productive activity of the Council of the Main Directorate of Eastern Siberia.

The straight and narrow path: policy direction and oversight of the gay purges in Canada

The gay purges from the late 1950s to the late 1970s were the only large-scale dismissals from the public service of Canada in its history. As this article demonstrates, this arbitrary action was taken without regard to individual circumstances and without due process or appeal, simply because of the sexuality of those targeted. Presumptions were made - and acted upon - about a supposed link between homosexuality and disloyalty, with a consequently imagined threat to national security. Although the implementation of the purges by the Royal Canadian Mounted Police Security Service (RCMPSS) was undoubtedly zealous and harsh, that conduct took place within a framework that was constructed by policy-makers in the Privy Council Office, overseen by senior public servants and ultimately sanctioned by successive Canadian cabinets. As this examination shows, the RCMPSS acted, however severely, with authority granted to it by others who would later try to distance themselves from responsibility and pose as sympathetic to those purged. In fact, this was not the drastic misapplication of a measured policy, as sometimes contended, but a deliberate, malevolent, and ultimately mistaken attempt to deal with an imagined threat.

A Study on Discrimination based on Gender in Parental Leave: The Relevance of the Proportionality Test to the ECtHR's Jurisprudence on Gender-Based Unequal Treatment and the Prohibition of Discrimination under Article 14 ECHR

The principle of the proportionality represents a general principle of law. Its main aim is to protect the citizen from arbitrary and improper state action and in this respect it acts as a standard of justification for interventions by the authorities. Even if this principle is not explicitly standardized in most national constitutions of the Member States of the EU or in the ECHR, it is derived from the principles of democracy and the rule of law and is generally recognized in the law of the ECHR. The levels of the proportionality are first divided according to the legitimate aim of the legally relevant measure, then to its suitability for achieving the aim, followed by its necessity and finally the proportionality test in the narrow sense, the appropriateness of the measure. The prerequisite for the scope of application of Art. 14 of the ECHR is that persons in comparable or legally similar situations have been treated differently. The list of possible grounds for discrimination in Art. 14 of the ECHR is by no means exhaustive, but merely exemplary. Art. 14 of the ECHR also applies when states have granted rights beyond their obligations under the Convention, which fall within the scope of an article of the Convention. According to the ECtHR, unequal treatment according to the criteria just listed constitutes discrimination in the sense of a violation of Art. 14of the ECHR if it lacks an objective and reasonable justification. The principle of gender equality and the related prohibition of discrimination under Article 14 of the ECHR is too important in a pluralistic and tolerant European society to justify its violation merely by referring to the margin of appreciation of the member states. In order to achieve results in line with interests in the future, the case law of the ECtHR can build on the argumentation structure in the case of Konstantin Markin v. Russia. The only aspect requiring improvement is the control density of appropriateness and necessity, which should be taken seriously.

Electrocaloric studies of bulk materials and multilayer structures by dynamic infrared radiometry

A new experimental approach to the complex study of electrocaloric, pyroelectric, and thermal effects associated with the bulk and local electrical conductivity of ferroelectrics and related materials is proposed. The key to this approach is the analysis of the dynamics of the sample temperature response to an arbitrary external action, including long-term electrical impacts. The metrological justification of the experimental technique is based on direct non-contact high-speed monitoring of the sample temperature using an IR photodiode sensor designed by Ioffe Institute. Its efficiency is confirmed by numerous experimental data on electrocaloric properties of ferroelectrics, relaxors, and relaxors-based multilayer structures.

Teknologi dan Destruktivitas Manusia

The development of technology began in primitive times along with human civilization, starting from conventional technology and evolving into an all-digital and sophisticated technology. Technology is a set that helps daily human activities. Of course, this will also impact human behaviour and civilization because technology affects the human experience using technology. Technology is included in all lines as a symbol of the progress of civilization and has a positive impact. However, technology that is considered the progress of the times has a negative impact, namely the destruction of nature due to technological destruction, such as global warming, consumerism, addiction, depression, and FOMO, which become problems due to the use of technology. Technology will affect the experience so that it affects the individual human person. Therefore, a development centred on the human point of view has a bad impact because everything is measured from the human point of view. As a result, nature is damaged, and many plants, the environment, and animals die, many animals die. Technology becomes an instrument that leads humans to destruction and arrogance, and arbitrary actions become human nature. Behind the technology behind bringing benefits, some things must be paid for. So there is a need for a discourse on development change by looking at all aspects so that the location of the problem can be known. Overcome, it is necessary to have a discourse on the ethics of responsibility, namely by looking at the negative impact before it happens. So that the development paradigm can be reviewed and practically, individuals can think of undesirable things to avoid.

The History of Devil Education

The history of the educational process on earth has been going on for a long time even before the human race was born, namely since the Jin nation. They interact with each other, socialize, establish marriage ties, promote the spirit of mutual cooperation, live in harmony, peace and prosperity and progress. However, many of them neglect the guidance of educational values taught by Allah SWT. For the arbitrary actions committed by them, Allah sent Iblis and his troops to stop their brutal actions. so that they perished which signaled the end of the life of the Jin nation on Earth. The author does not invite to have the character of Iblis, but how to actualize the educational values of Iblis in life, especially for the advancement of education. There are many good values that have been done by the Jinns. The author hopes that readers will emulate these educational values, including fear of God, honesty, courage and love challenges, critical thinking, independence and love of freedom, prioritizing logic over feelings, loyalty to speech, not easily discouraged, love of family.

Static analysis of anisotropic doubly-curved shells with arbitrary geometry and variable thickness resting on a Winkler-Pasternak support and subjected to general loads

Laminated doubly-curved shells constituted by innovative materials have become a standard application in several engineering fields. However, this requires a proper formulation of such structures, since several very complex issues affecting such applications must be kept in mind, among all, the curvature effect and the coupling issues between two adjacent layers. In the present work a generalized formulation based on Higher Order Theories is proposed for the linear static analysis of curved structures with completely anisotropic materials in each layer of the lamination scheme. The shell model is described according to the Equivalent Single Layer approach and a mapping procedure based on a Non-Uniform Rational Basis Spline (NURBS) description of the shell edges is applied for the geometric description. Different thickness variations have been considered in the analyses. The fundamental equations of the static problem are derived from the minimum potential energy principle directly in the strong form and the effect of the Winkler-Pasternak support has been accounted for. The external surface load has been applied in each principal direction and arbitrary actions have been enforced to the external edges of the structure. The proposed approach has been validated with respect to the outcomes of some 3D Finite Element models and very good agreement is found between such simulations. Shells characterized by very complex shapes have been accounted for and accurate results have been found with a reduced number of degrees of freedom.

Human rights as a tool limiting state power

This article is devoted to the study of the limitation of state power through the concept of human rights. Numerous scientific researches and publications are devoted to the question of the balance of interests of the state and the person, the main purpose of which is to try to find and establish parity and balance between private and public. Speaking about human rights as an instrument of limiting state power, based on the idea that in today's world there are almost no absolute, unlimited rights, the authors emphasize the importance of restrictions imposed by the state, which must be commensurate and established by law. The article discusses the need to establish and have clear criteria for restricting human rights at the legislative and constitutional levels. This will be a guarantee against arbitrary actions of the state to reduce the scope of law enforcement of the individual and will act as a safeguard (factor) of limiting state power. In their work, the authors highlight the elements that form the basis and underlying the concept of restricting human rights and emphasize the positive and negative obligations of the state, as those that set the boundaries of public authority. Considering this issue, the authors explore the priority of human rights and refer to the rule of recognizing each individual as a full participant in legal relations, along with the inadmissibility of the individual as the object of such interaction, obliging public authorities to respect self-realization. The relevance of this publication indicates the need to find a balance and clearly delineate and distinguish the boundaries, elements, criteria and relations between man and the state, which is the guarantor of the realization and inviolability of rights, and in case of such violation - the guarantor of their protection. Nowadays, this topic is especially relevant for modern democratic societies, given the constant expansion of human rights, the practice of international (European) and national courts. Thus, the best possible understanding of the content of the concept of human rights as an instrument of limiting state power will promote their proper implementation and act as a guarantor of their security.

FUNGSI PERATURAN PERUNDANG-UNDANGAN DALAM PENYELENGGARAAN BIROKRASI PEMERINTAHAN

Governance is impossible without legislation and bureaucracy. Legislation is a source of government authority, both binding authority and discretionary authority, while the bureaucracy moves the wheels of government. The implementation of the wheels of government by the bureaucracy must be based on the authority according to the laws and regulations and the irregularities have legal implications in the form of legal responsibility by the bureaucracy. Deviations in the implementation of government authority by the bureaucracy can be in the form of abuse of authority, arbitrary actions, or arbitrary actions. The act of abuse of authority by the bureaucracy occurs when the three bureaucracies use their authority differently from the purpose for which the authority is granted by legislation. Arbitrary action when the bureaucracy does not give adequate consideration in making decisions or taking other actions. Actions without authority are bureaucratic actions that violate the limits of authority in the form of substance, time, or place. Bureaucratic responsibility due to irregularities in the implementation of authority can be in the form of administrative responsibilities such as canceling decisions that have been issued or criminal liability if the deviation has implications for state financial losses.