Arbitrary Action Research Articles

LEGAL ASSISTANCE FOR THE POOR TO REACH JUSTICE

Legal aid to the poor has a fairly important position in every criminal, civil and administrative justice system, including Indonesia. The concept of legal aid to the poor is related to a person's rights to exercise these rights, therefore legal aid is carried out by legal experts and experienced people in order to carry out their profession. The purpose of this study is to explain legal aid for the poor to achieve justice. This research uses normative legal research which is described descriptively. The results of the study explain that legal protection is an action or effort to protect the community from arbitrary actions by authorities that are not in accordance with the rule of law, to create order and peace, thus enabling humans to enjoy their dignity as human beings. There are ten rules related to legal aid to the poor, both at the constitutional level to the law, Internal Regulations that apply to the Supreme Court and Internal Regulations that apply to the Ministry of Law and Human Rights, as a pattern and legal standing for the provision of legal aid for the poor. poor people in Indonesia. The provision of legal aid to the poor is a form of justice for the poor. The concept of legal aid to the poor is related to a person's rights to exercise their rights under the same law.

LEGAL IMPLICATIONS OF NON-COMPLIANCE WITH THE DECISION OF THE STATE ADMINISTRATIVE COURT IN TERMS OF THE IMPLEMENTATION OF REGIONAL AUTONOMY AND THE UNITARY STATE

Implementation of rule of law in Indonesia takes the consequences to establishing the state administrative court. The state administrative court as a legal institution is a manifestation check and balance principle. So that the government does not commit arbitrary action or does not abuse of their power. Administrative court is a place to assess if there are acts of state administrative bodies / officers are not based on the laws and regulations of general principles of good governance or even harm the community. As a respected judicial institution (state administrative court), the decision of the state administrative court must be respected and implemented by each party. In practice, however, there are a number of non-compliance committed by state administrative bodies / officials. They are opposed to carrying out the decision of the state administrative court despite having a legally binding verdict. Therefore, this writing tries to comprehensively discuss the causes of non-compliance by state agencies or administrators. Furthermore, this study also discusses the legal implications that occur if the state administrative agency / official still ignores the court's decision according to the prevailing laws and regulations. The next study discusses the relationship between central government and local government in the framework of regional autonomy is associated with non-compliance that occurred. For as it is known that the President as head of government holds full power to run the government and ensure all policies implemented by the local government even more so in the concept of a unitary state.

Free actions on surfaces that do not extend to arbitrary actions on 3-manifolds

We provide the first known example of a finite group action on an oriented surface $T$ that is free, orientation-preserving, and does not extend to an arbitrary (in particular, possibly non-free) orientation-preserving action on any compact oriented 3-manifold $N$ with boundary $\partial N = T$. This implies a negative solution to a conjecture of Dom\'inguez and Segovia, as well as Uribe's evenness conjecture for equivariant unitary bordism groups. We more generally provide sufficient conditions that imply infinitely many such group actions on surfaces exist. Intriguingly, any group with such a non-extending action is also a counterexample to the Noether problem over the complex numbers $\mathbb{C}$. In forthcoming work with Segovia we give a complete homological characterization of those finite groups admitting such a non-extending action, as well as more examples and non-examples. We do not address here the analogous question for non-orientation-preserving actions.

Legal Protection Against Status Determination of Suspects for Unpleasant Crimes After the Decision of the Constitutional Court Number 1/PUU-XI/2013

Article 335 paragraph (1) of the Criminal Code and Article 21 paragraph (4) of the Criminal Procedure Code are deemed to be contradicting Article 28D of the 1945 Constitution. Through the Decision of the Constitutional Court Number 1 / PUU-XI / 2013 excluding the phrase "unpleasant actions" because they are considered to cause multiple interpretations and put forward subjectivity. This article is exposed to arbitrary actions by the authorities to criminalize someone. In fact, after the Constitutional Court Decision Number 1 / PUU-XI / 2013, there are still pre-trial cases of determining suspects based on unpleasant acts. The formulation of Article 335 Paragraph (1) of the Criminal Code, which is used after the decision, requires the fulfillment of 2 (two) elements, namely "using violence" or "threat of violence." Thus, in every indictment that wrote the phrase "unpleasant act" was considered a legal reason. Determination of a suspect because this is considered a formal defect

ЗАКОНОМЕРНОСТИ РАЗВИТИЯ ПРЕДСТАВЛЕНИЙ О ПРАВОВЫХ ЗАКОНАХ В РОССИЙСКОЙ ДОКТРИНАЛЬНО-ПРАВОВОЙ МЫСЛИ XVIII ВЕКА

This article reveals the conditions under which the philosophy of law developed in Russia, with the focus on its unique features and the role played by foreign thinkers in this process. The doctrinal views expressed by several prominent Russian scholars of the 18th century (V.N. Tatishchev, M.M. Shcherbatov, Ya.P. Kozelsky, and A.N. Radishchev) on the key ideas, principles, and attributes of law in general and just law in particular were considered in order to show how they are connected, as well as to better understand the background of modern legal science. The following major ideas were discussed: V.N. Tatishchev’s understanding of natural law as a basis of all positive laws; M.M. Scherbatov’s differentiation between divine and civil laws; Ya.P. Kozelsky’s doctrine of “righteous” and “unrighteous” law; and A.N. Radishchev’s opinion that positive laws should not contradict natural laws. Based on the results obtained, it was concluded that the doctrinal views of the 18th century on just laws that followed the tradition of natural law and proclaimed that any just law must comply with the needs of a human, resist and limit the arbitrary actions of authorities, be a driving force for achieving the common good, etc. were a result of the well-thought choice of the most essential freedoms and responsibilities. Therefore, they may well be regarded as a great achievement of Russian legal science in creating the legal foundations for the sustainable development of humans.

A jurisdição constitucional brasileira entre direito e política: judicializando a política na busca por uma moral corretiva

The article pretends to investigate to what extent the judicial decisions within the sphere of Brazilian constitutional jurisdiction communicate with the policy, mainly with a view to the phenomenon of the judicialization of policy in the search was a corrective moral. Thus, the essay begins by investigating the relationship between law and policy, going through the study of judicial activism – notably to the need for a corrective moral of/in law – and, finally, it arrives in the investigation of the Brazilian constitutional jurisdiction inserted in the scenario approached by the previous chapters, showing votes in recent decisions in the STF that corroborate the ideas raised during the research. In the end, it was possible to understand that the activist judicial posture can be understood as an absolutely arbitrary action by the interpreter, linked to politics, – because it is based on an idea of corrective moral – making the constitutional judicial decisions closely linked to the political agendas that end up disfiguring the law.

Judicial Review By Public Prosecutors In Criminal Cases

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

IMPLEMENTATION OF PUBLIC PARTICIPATION IN THE MAKING OF REGIONAL REGULATIONS IN NORTH KOLAKA REGENCY ACCORDING TO ACT OF THE REPUBLIC OF INDONESIA NO. 12/2011 CONCERNING THE MAKING OF LEGISLATION

The making of legislation has recently become a subject of discussion among communities, such as the very low level of community participation, arbitrary actions in the making of laws and regulations, the establishment of legislation that seems to be a rushed law product, the Covid-19 pandemic that restrict people to have a gathering to capture the community aspirations, and the establishment of all forms of regulations under the act that may affect people’s mobility in social life.The present study aims to find out the roots of problem concerning the extent of public participation in the making of regional regulations in North Kolaka Regency, Kendari, Indonesia. Therefore, it is expected that the legislation will be issued in accordance with the will of community and the Act of the Republic of Indonesia No. 12/2011 concerning the Making of Legislation, as amended by the Act of the Republic of Indonesia No. 15/2011 concerning Amendments to the Act of the Republic of Indonesia No. 12/2011 concerning the Making of Legislation.The author employed the combination of normative legal research and empirical legal research as the type of this study. The results indicated that the regional regulations that have been ratified will not be well applicable and effective at the implementation level, since they are not in accordance with the instructions for the making of regional regulations as regulated in the legislation. The presence of regional regulations that do not accommodate all the public interests as well as the low level of public participation will then create a new problem among community. For this reason, more comprehensive public involvement is needed, whether in the form of public sharing, FGD (Focus Group Discussion), or the help of experts in Bapemperda and Regional Government who specifically handle the issue on the making of regional regulations. Keywords: Participation, Public, Regional Regulations

Inverse problems of the dynamics of observation interpretation systems

Based on the analysis and systematization of the inverse problems of dynamics, the study of the properties and features of the types of dynamic models under consideration, an approach is proposed for the development of appropriate methods of mathematical modeling based on the use and implementation of integral models in the form of Volterra equations of the I and II kind, their functional capabilities are determined in the study of various classes of problems, and also formulated the features that affect the choice of methods for their numerical solution. Methods for obtaining integral models are proposed, which are the basis for constructing algorithms for solving inverse problems of dynamics for a fairly wide class of dynamic objects. Integral methods for the identification of dynamic objects have been developed, which make it possible to obtain stable non-optimization algorithms for calculating the parameters of mathematical models. Recurrent methods of parametric identification of transfer functions of dynamic objects with an arbitrary input action are proposed (the obtained parameters of the transfer functions are also coefficients of the corresponding differential equations, which makes it possible to obtain equivalent mathematical models in the form of integral equations). The study of algorithms that implement the proposed identification methods allows us to conclude about their efficiency in terms of the amount of computation and ease of implementation, as well as the high accuracy of calculating the model parameters.

Economic Democracy and the Quest of Net Neutrality in Indonesia

Net neutrality has played critical issues in internet-based businesses, as it may stop Internet Service Providers (ISPs) from discriminating against certain legal internet contents, platforms, or services. This study argued that net neutrality has a strong relationship with economic democracy as the constitutional basis of the Indonesian economy. This study examined net neutrality and considered its possible adoption in Indonesia under economic democracy by justifying economic democracy required the state to build an inclusive economy as per political economy theory. It used a socio-legal method through an interdisciplinary study of law and political economy with conceptual and comparative approaches. The study showed that the idea of the internet as a level playing field was founding net neutrality. For instance, in the United States and across different Global South countries, net neutrality relied on three orders of no blocking, no throttling, and no paid prioritization, which provided equal access for everyone to create their opportunities. At this point, economic democracy and net neutrality made their cross-cut. Like net neutrality, a discriminatory action against a content provider violated economic democracy, where policy-makers formulated economic policies to enable a level playing field for economic actors. Minimum barriers to entering the market might create such a level playing field. Without net neutrality, ISPs could carry out arbitrary actions and abuse of power for business interests. This study concluded that the adoption of net neutrality into formal regulation created a positive climate of innovation in the digital business ecosystem in Indonesia.
 KEYWORDS: Economic Democracy, Net Neutrality, Digital Economy.

Black Lives Matter in Brother: A Postcolonial Perspective

This study aims to examine how the lives of blacks are reduced and eliminated in Brother (2017) by David Chariandy. Black Lives Matter is a hash tag that appears after the killing of Trayvon Martin (17 years old African American) in 2012 by the savage hands of George Zimmerman (white person). This hash-tag has become a social movement that calls for equality in order to stop the violence against black people because their live is as valuable as white’s. The movement comes into being to highlight the “hypocritical democracy in service to the white males whose freedom are openly depended upon the oppression of blacks” (Lebron, 2017, P. 1). Those who have started this movement try to redeem a state and its arbitrary actions against black who are exterminated since the slavery. Alicia Graza, Patrisse Cullors, and Opal Tometi have established this movement to reveal the suffering of the blacks who have no rights to live their life. Chariandy is a Canadian writer who specialized in Caribbean literature, black diaspora, and postcolonial studies. The novel is analyzed through Kimberlé Crenshaw’s concept (intersectionality) to show how the race, gender, and class are intersecting together to emphasize how the human beings will be treated accordingly.

Design Strategy Network: A deep hierarchical framework to represent generative design strategies in complex action spaces

Abstract Generative design problems often encompass complex action spaces that may be divergent over time, contain state-dependent constraints, or involve hybrid (discrete and continuous) domains. To address those challenges, this work introduces Design Strategy Network (DSN), a data-driven deep hierarchical framework that can learn strategies over these arbitrary complex action spaces. The hierarchical architecture decomposes every action decision into first predicting a preferred spatial region in the design space and then outputting a probability distribution over a set of possible actions from that region. This framework comprises a convolutional encoder to work with image-based design state representations, a multi-layer perceptron to predict a spatial region, and a weight-sharing network to generate a probability distribution over unordered set-based inputs of feasible actions. Applied to a truss design study, the framework learns to predict the actions of human designers in the study, capturing their truss generation strategies in the process. Results show that DSNs significantly outperform non-hierarchical methods of policy representation, demonstrating their superiority in complex action space problems.

THE APPLICATION OF CONSISTENCY OF TREATMENT IN DISMISSALS FOR MISCONDUCT

Fairness in employment necessitates that the employer apply consistent disciplinary standards in the workplace, so that employees who commit the same or similar disciplinary infraction are treated equally. The Code of Good Practice: Dismissal (in Schedule 8 of the Labour Relations Act 55 of 1995) sets out a range of guidelines to be applied by the employer before a decision to dismiss an employer may be taken. It seeks to protect employees from arbitrary action by the employer in order to achieve a measure of employment justice. Employers must therefore apply the rules of the workplace consistently by effecting discipline against all employees accountable for similar misconduct, and also by applying the same sanction for similar infractions. The principle of consistent treatment of employees is referred to as the “parity principle”. It provides that employees who participate in the same or similar wrongdoing, with no distinguishing factors from one case to another, should be penalized in the same way. The foundation of the principle lies in the notion that similar cases must be treated in a similar fashion. It is based on the principle of reasonableness in that fairness in the workplace requires the application of reasonable rules, and not arbitrary or irrational opinions of the employer. Reasonable rules will reflect generality and equality and invariably lead to legal certainty, and a failure by the employer to apply those standards consistently may lead to a finding that the employer acted unfairly in dismissal disputes. In addition to the requirement of consistency, an employer is required to consider a range of other factors before taking the decision to dismiss an employee. These include the gravity of the misconduct; the nature of the work performed by the employee; the circumstances under which the infraction occurred; and the employee’s personal circumstances which may relate to the previous disciplinary record of the employee; his/her length of service and the employee’s personal circumstances. The consideration of these circumstances often leads to a tension between applying the requirement of consistency on the one hand, and the need to take into account the specific circumstances of the employee and circumstances of the misconduct. This comment explores the different approaches adopted by the courts in determining whether or not inconsistent treatment by the employer justifies a finding that the dismissal of an employee was unfair in view of the obligation to take into account the other factors required in the Code. These issues often arise in circumstances where an employee is dismissed by an employer and claims that the employer acted unfairly because other employees were given less severe sanctions for the same or similar misconduct. In deciding the fairness of the matter, the courts have drawn a distinction between individual misconduct and collective misconduct. Historical inconsistency is generally applied in cases of individual misconduct, whilst contemporaneous inconsistency is applied in circumstances of collective misconduct.

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OUTLOOK OF ARBITRARY MEASURES OF FAIR AND EQUITABLE TREATMENT UNDER HEALTH URGENCY: THE WAIVER OF PHARMACEUTICAL PATENT

Patent has long been recognized as an important subject of investment particularly for Pharmaceutical Companies. In its development, patents have become one of the most prominent tools in international health investment for its economic benefit sourced from its exclusive right. Most of the Multilateral and Bilateral Investment Treaties recognized intellectual property rights as protected investments, which allows patent holders to benefit from the substantive and procedural safeguards granted by the applicable treaty for foreign investments. In the situation of health urgency, many patents rights are being waived by the government to make the innovation more affordable and accessible to citizens. In this situation, tension in the governance of pharmaceutical patents between patent holders and state authorities is an example of a broader recurring dynamic in international law: the tension between foreign investors' private interests and the host state's regulatory autonom. This research paper will discuss whether the patent waiver enacted by the government is considered as an arbitrary action under the Fair and Equitable Treatment standard as it causes harm to the foreign investor by analyzing several precedent jurisprudences through juridical normative methods

Philosophical Overview of the Relationship between Budget Users and the State General Treasurer in the Management of Financial State (Indonesia Experience)

Legislation on state financial management is a legal form of state financial management that a rationale. Understanding the philosophical basis of the rationale will provide strengthening of understanding of the relevant laws and regulations and authority and responsibilities to the Budget User and the State General Treasurer. This study aims to find out the rationale used in state financial management, especially related to the authority and division of responsibility between the Budget User and the State General Treasurer in the state financial management. This research uses descriptive qualitative method with library research and cotent analysis technique with normative juridical approach . The results found that the Budget User and the State General Treasurer had an equal standing under the President. Both are packaged in check and balance relationships to protect the country's finances from arbitrary actions by certain parties. Philosophically, the Budget User is a party that has a budget so that it gets authority in planning the budget, implementing the budget, testing the bill, ordering payments, and accounting for the implementation of the budget. Budget Users become active parties in the implementation of the budget. Meanwhile, the State General Treasurer becomes a passive party, i.e. only carrying out payment duties in accordance with the pay orders issued by the Budget User. The Budget User becomes the party formally and materially responsible for the pay order issued, while the State General Treasurer is formally responsible for the payment.

Double Deep Q-Learning for Optimal Execution

ABSTRACT Optimal trade execution is an important problem faced by essentially all traders. Much research into optimal execution uses stringent model assumptions and applies continuous time stochastic control to solve them. Here, we instead take a model free approach and develop a variation of Deep Q-Learning to estimate the optimal actions of a trader. The model is a fully connected Neural Network trained using Experience Replay and Double DQN with input features given by the current state of the limit order book, other trading signals, and available execution actions, while the output is the Q-value function estimating the future rewards under an arbitrary action. We apply our model to nine different stocks and find that it outperforms the standard benchmark approach on most stocks using the measures of (i) mean and median out-performance, (ii) probability of out-performance, and (iii) gain-loss ratios.

The Implementation of Polluter Pays Principle in Indonesian Land Policy Regulation

Abstract Many lands are degraded; they are no longer productive, vital, damaged, or utilized and are instead overgrown with shrubs. The majority of the causes of this land degradation are irresponsible and arbitrary human actions. What is more perplexing is that these actors are not immediately punished for their actions but are instead allowed to roam freely outside. As a result, this research will discuss the accountability of land destroyers, which is based on one of the principles of international law, namely the “Polluter Pays Principle,” which requires an actor who is a land destroyer to be held accountable for all of his actions in an amount equal to the impact on the land itself. The application of the Polluter Pays Principle is hoped to improve the control and maintenance of land policy in Indonesia.

Two Moralities of Consistency

A core tenet of the claim that international investment law promotes the rule of law is that it enhances legal certainty for foreign investors. The idea is that investment treaties function as credible commitments, which lessen the risk of arbitrary, discriminatory, or unfair State action, and enhance the predictability of the legal framework applicable to foreign investment. However, it turns out that the investment treaty regime itself suffers from systemic inconsistency – as interpreted across hundreds of published arbitral awards. The question is whether this regime thus recreates the same rule of law problems it purports to solve. While the extent of inconsistency in ISDS is glaring, this Chapter argues against analyzing the uncomfortable relationship between investment treaties and legal certainty in zero-sum terms. Consistency is one rule of law value among many, (such as fidelity, flexibility, and responsiveness). It is one which cannot be secured absolutely and should not be pursued at all costs. Drawing on the work of Lon Fuller, this Chapter seeks to distinguish between tolerable consistency deficiencies in investment treaty arbitration, and more structural inconsistencies that are inimical to the rule of law. I identify particular rule of law failures of the latter sort in the wide ranging arbitral inconsistency in the interpretation and application of key secondary rules governing applicable law, norm conflict, attribution, and interpretation.

Dinamika Penjatuhan Talak Melalui Whatsapp dalam Paradigma Pembaharuan Hukum Keluarga Islam

This article aims to describe the paradigm of Islamic family law reform against the dynamics of the imposition of divorce through WhatsApp media, one of the problems often faced in various divorce cases. This paper is classified as a qualitative type, with the approach used being library research. Data analysis was carried out using descriptive-analytical techniques. The results of this article indicate that the adoption of divorce via WhatsApp according to most legal scholars is valid with the qiyas approach as the delivery of divorce through writing in the form of a letter. Meanwhile, in the paradigm of reforming Islamic family law in Indonesia, the imposition of divorce via WhatsApp is considered invalid, considering that the validity of the divorce is only recognized when it is sworn in before the court. This paradigm is based on various efforts to achieve the benefit, especially to avoid arbitrary actions by the husband against his wife unilaterally in terms of imposing divorce and obtaining legal legality.