Aspects Of Certainty Research Articles

LEGAL CERTAINTY OF THE STATUS OF AFFILIATED INSOLVENCY ASSETS AS EVIDENCE OF CRIMINAL OFFENSE

<p>The uncertainty of the status of affiliated bankruptcy debtors as evidence of criminal offenses is a classic problem that until now has not found an alternative legal solution. When a bankruptcy debtor is proven to have committed a criminal offense, resulting in the debtor's assets becoming evidence seized by the criminal, the curator will experience difficulties in the process of liquidating the debtor's assets. On the one hand, the prosecutor's office has the authority to confiscate the assets of the debtor (defendant), as well as the curator who has the authority to liquidate. The emergence of these two types of seizure is certainly intended to provide legal certainty and legal protection for the community. However, in its implementation, when the two types of seizure clash, the aspects of certainty and justice for the community will not be achieved. Therefore, it is necessary to establish regulations that can bridge or unravel the problem of attraction of seizure objects between the curator and the prosecutor's office. The research method used in this research is juridical-normative by using several research approaches, namely statute approach and conceptual approach. The use of statute approach in the research is intended to provide an overview of the construction of bankruptcy and criminal law so as to hamper the process of liquidation of bankruptcy assets. While the use of conceptual approach is intended as a basis for thinking to reconstruct the legal construction so as to create harmonious and synchronous bankruptcy and criminal regulations and can provide certainty and justice for the legal protection of creditors.</p>

THE CONSTRUCTION OF CORPORATE FAULT RELATED TO CORPORATE CRIMINAL ACTS IN THE NEW CRIMINAL CODE: IMPLICATIONS AND FORMULATIONS

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>In the development of modern criminal law, corporate crime has become a primary concern because corporations, as separate legal entities from the individuals within them, are increasingly involved in various widespread legal violations. Therefore, discussions regarding the construction of "corporate fault" in the new Draft Criminal Code (RKUHP) have become crucial to provide legal certainty and justice in handling criminal acts committed by corporations. This research aims to formulate the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new Draft Criminal Code (RKUHP), considering the legal, economic, and business implications that may arise. This research uses a normative legal research method with legislative and conceptual approaches. The results of the analysis will be presented in descriptive-analytical form. The research findings indicate that the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new RKUHP is by adopting the concept of corporate criminal liability that allows corporations to be held accountable for the actions or omissions of individuals acting on behalf of or for the benefit of the corporation. However, the new RKUHP needs to clearly define the definition of a corporation, criteria and conditions under which a corporation can be held accountable, types of criminal acts and applicable sanctions, as well as a proportional accountability mechanism while still adhering to criminal law principles, best practices from other countries, human rights protection, legal certainty, investment climate, and practical aspects of law enforcement. This formulation should be comprehensive and balanced to provide legal certainty, justice, and support national economic growth by considering legal implications, appropriate law enforcement mechanisms and evidence, legal certainty aspects, investment climate, corporate compliance and risk management, as well as legitimate business continuity.</em><em></em></p></td></tr></tbody></table>

Breaking the Double Tax Paradigm

The success story of economic globalization is often linked to an increased freedom of capital movement, facilitated by the existence of more than 3,000 bilateral tax treaties, the primary purpose of which is to prevent double taxation. Even the most outspoken critics of the international tax regime subscribe to the notion that double taxation is detrimental to global growth, development and welfare. Yet, they argue that, all things considered, tax treaties might not be worth signing. Based on an extensive review of the available tax policy and economics literature, this article shows that there is not enough of a normative or empirical basis for thinking that double taxation will necessarily restrict capital flows, provided that the combined effective tax burden is kept at a reasonable level. At the same time, treaties seem to provide investors with a legal certainty that is key to cross-border business activity. This article posits that there should be more emphasis on the legal certainty aspect of tax treaties and less on their limited capacity to prevent double taxation. In fact, relaxing the double tax paradigm could help to significantly improve tax treaties, with a view to preserving their role in fostering international commerce and investment. In this respect, the authors propose a simplified tax treaty model that, by allowing an agreed overlap between home-state and host-state taxes, would diminish overall implementation costs while increasing legal certainty and reducing the risk of lengthy tax disputes, thus benefiting both taxpayers and tax administrations. The article further demonstrates that this approach is superior to the current Pillar One proposal and other popular systemic reform suggestions in the literature, specifically the destination-based cashflow tax (DBCFT) and global formulary apportionment.

Legal Protection of Personal Data in Artificial Intelligence for Legal Protection Viewed From Legal Certainty Aspect

Protection of personal data is one of the rights possessed by humans, which is one of the privacy rights possessed by a person in maintaining and securing personal data owned by each individual. The development of Artificial Intelligence (AI)-based technology has developed rapidly in the digital world 4.0, where legal protection is needed in personal data protection legal instruments. This research aims to examine the use of AI as a tool in protecting personal data and to examine the urgency of a special regulation in Indonesia in protecting personal data. The research method used in writing this law is normative legal research. In this research, what is meant by juridical research is the 1945 Constitution of the Republic of Indonesia, the Law on Information, and Electronic Transactions Number 11 of 2008, the Regulation of the Minister of Communication and Information Number 20 of 2016, Government Regulation Number 82 of 2012, and UDHR by conducting a study of legal products in the form of laws and regulations. Furthermore, what is meant by normative research is related to the principle of legal certainty, which later can be linked to the urgency of personal data protection regulations for the protection, supervision, and utilization of personal data abuse.
 Keywords: personal data, artificial intelligence, protection, urgency

The Binding Power of the Bapalas Tradition to Solve Dayak Citizens' Disputes in West Kotawaringin District

The background to this research is that if a dispute occurs between Dayak people, especially those living in West Kotawaringin Regency, some choose to resolve the problem peacefully through the Bapalas custom. A traditional Mantir leads the Bapalas tradition, and the decision of this traditional Mantir is firm because it follows the elements of article 1320 BW. In article 1320 BW, there are four conditions for an agreement's validity: agreement, skill, a sure thing, and a lawful cause. So, if it is related to article 1320 BW, problems that occur in society can be resolved with an agreement. This tradition of Bapalas in the people of West Kotawaringin Regency follows Islamic law, known as Islah or peaceful problem-solving in Islam. This research analyzes the legal certainty aspect of traditional Mantir decisions in Bapalas. This research method is a field research method, and the approach is qualitative. What is very interesting is that this traditional Mantir can solve various civil and criminal problems. For criminal cases, several cases, such as fights and abuse, can also be resolved using the Bapalas method. The basis of this Dayak traditional institution is Central Kalimantan Province Regional Regulation Number 16 of 2008 concerning Dayak Traditional Institutions in Central Kalimantan.

Analysis of Legal Certainty Aspects in Indonesian Marriage Registration Rule

This paper examines the legal certainty aspects of marriage registration regulations in Indonesia. The controversy over whether or not a marriage is lawful without registration is still ongoing, depending on how Article 2 of Act No. 1/1974 regulating marriage is interpreted. The research method used in writing this paper is a literature study with normative legal research and descriptive analysis. Using the legal certainty aspect approach, the author analyzes various laws and regulations regarding marriage registration objectively. According to the findings of this study, the Marriage Act requires that every marriage be documented or registered by the marriage registration officer. However, Presidential Regulation (PERPRES) Number 96 of 2018 and Minister of Home Affairs Regulation (PERMENDAGRI) Number 9 of 2016 provide an alternative for those whose marriages have not been documented to create various population administrations by attaching a Statement of Absolute Responsibility (SPTJM). These two contradicting requirements have generated legal uncertainty in Indonesian marriage registration.

Implementation of Copyright as an Object of Fiduciary Collateral in Indonesia

Objective: The aims of this study is to examine the application of copyright as an object of fiduciary guarantee in Indonesia, considering both the legal certainty aspect and a comparative analysis with other countries. Theoretical Framework: The Fiduciary agreement mechanism is that there will be guaranteed law and mortgage rights when there is an impasse. Based on a huge need, it is necessary to offset with provision clear and complete laws governing institution guarantee. Method: This study is normative legal research that produces prescriptive analytics of the legal issues raised. Study This uses approach laws and approaches producing a conceptual something draft where is Copyright can made as an object guarantee fiduciary. Results: The results of this study indicate that Copyright including in object guarantee fiduciary that has fulfilled all elements and terms for become object guarantee fiduciary, then the Copyright possible for made object debt guarantee form guarantee fiduciary. Conclusions: Application rights created as object guarantee fiduciaries in Indonesia are still hampered because regulation legislation has yet to be comprehensive. To sum it up, the types of objects are fiduciary collateral objects. Copyright, on the one hand, is included in the realm of Intellectual Property Rights (IPR). Similar properties with the right property in general (can be transferred and owned mark the economy).

Validity of Agreement by Limited Liability Companies that Have Not Registered in the Business Entity Administration System Based on Law Ministry of Regulation Number 17 of 2018 concerning Registration of Limited Partnerships, Firm Partnerships, and Civil Partnerships in terms of Legal Certainty Aspects

Validity of Agreement by Limited Liability Companies that Have Not Registered in the Business Entity Administration System Based on Law Ministry of Regulation Number 17 of 2018 concerning Registration of Limited Partnerships, Firm Partnerships, and Civil Partnerships in terms of Legal Certainty Aspects

Rechtssicherheit Alternative Dispute Resolution in Financial Services (LAPS SJK) as a Forum for External Dispute Resolution in Services of Consumer Complaints through Consumer Protection Portal Application (APPK)

The Financial Services Authority (OJK) is an institution formed with one of its objectives that is protecting Consumers and public interets. OJK provides complaint services by having an adequate system, making the complaint mechanisms of Consumers handling and facilitating complaints settlement. The complaint mechanism is carried out by establishing two stages of Consumers services, namely internal dispute resolution (IDR) which, if not completed, enters the external dispute resolution (EDR) stage, namely the court and the alternative dispute resolution institution that received OJK approval, namely LAPS SJK. In addition, at the beginning of 2022, OJK prepared a system, namely the Consumer Protection Portal Application (APPK) as a forum for resolving complaints at the IDR stage and through APPK the complaints can be forwarded by consumers to LAPS SJK. The purpose of this research is to know and understand legal certainty aspect in the appointment of the LAPS SJK forum that associated with the basic principle of dispute resolution which is the agreement between the parties including Financial Services (PUJK). This research was conducted using normative research with data collection through literature study. Based on the results of the research, PUJK’s agreement is needed in choosing the forum of settlement whether through the court or alternative dispute resolution. But as stipulated in the regulations, the alternative dispute resolution institution for financial services just LAPS SJK.

Use of positive terms and certainty language in retracted and non-retracted articles: The case of biochemistry

This study aimed to compare retracted (due to misconduct) and non-retracted articles in biochemistry, in terms of proportion of positive terms, certainty score and different certainty aspects. The data set of this study composed of 662 retracted and non-retracted articles published in the time period of 2018–2020 and indexed in Scopus. These 662 articles accounted for 331 non-retracted and 331 retracted articles, which were matched using matching and covariate balancing analysis. The analysis in this article was done using several regression models. Regarding the use of positive terms, the findings showed that retracted articles were 16% less probable to use positive terms in abstracts, titles and findings presented in conclusion and discussion compared with non-retracted articles. In addition, the results regarding the analysis of certainty language, showed that retracted articles were 15% less probable to use certain language, measured by certainty score, in presenting their scientific findings. Finally, regarding the certainty aspects, the results of regression models showed that retracted articles had 11% less likelihood to present their research findings using certain probability aspect.

Legal Certainty in Peace Agreements in Default Disputes Through Negotiations

This study aims to analyze the legal certainty of a settlement agreement on a default dispute through negotiation. The desire to resolve the default dispute through negotiations is stated in a peace agreement. In order for the peace agreement to be effective, it is necessary to look at the legal certainty aspect. For this reason, a research was conducted with a normative juridical approach and using secondary data sourced from the literature. Secondary data were analyzed qualitatively and the results were described. Based on the analysis, it was found that the peace agreement in the negotiation is categorized as one type of agreement which is subject to the provisions of the Civil Code and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Legal certainty and the legal force of a breach of contract peace agreement through negotiation are obtained from the implementation of Article 1338 paragraph (1) of the Civil Code relating to the principle of pacta sun servanda and Article 1858 of the Civil Code, as well as the formal requirements for a peace agreement to be in writing

Hope in the uncertainties and certainty for parents of children with rare neurological disorders: Part 2 (of 3): Certainty.

This is the second of a three-part series that explores different aspects of uncertainty, certainty and hope in the context of providing clinical care for children with rare and life-limiting neurological disorders. When caring for families impacted by an overwhelming complex disorder in a child, complicated by threatening uncertainties and potentially more threatening certainties, clinicians utilise skills drawn from differing fields to make the load of information, and the emotional impact more manageable. The first article in this series addressed how clinicians might manage the 'accumulation of uncertainties' and to provide compassionate care not only to their patients, and their families, but also to themselves. This second paper delves into the less helpful aspects of 'certainty', including the associated losses and griefs endured by parents responding to threatening fears associated with their child's condition. In the extreme, disconnection and psychological isolation borne by parents can lead to a sense of hopelessness and desperation. Facing unwelcome certainties - clinicians and parents together - forms the basis of future trust and hope. Clinicians who share the field of trust with families and show commitment to helping parents, even when cure remains elusive, build a sense of hope. This is the sort of hopefulness that clinicians need to have and to offer as they share the journey with families. In this series, we seek to harness a shared approach to face unwelcome certainties and to kindle a sense of hope that is both credible and meaningful to the parents, family and clinician.

Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts

This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.

Principles of Tax Collection in Value Added Tax (VAT) on Digital Services in Indonesia

Indonesia is one of the countries with a high level of consumption of digital services. That potential encourages the government to collect Value Added Tax (VAT) on digital services, including foreign companies. However, in practice, issues related to efficiency and supervision were found. This paper aims to analyze the fulfillment of the principles of tax collection in collecting Value Added Tax (VAT) on digital services. The method used is qualitative with data collection through literature study. The analysis results show that the principle of Equity fulfills horizontal Equity because the fees are charged regardless of ability; Revenue Productivity has succeeded in increasing state revenue; Ease of administration, meets the aspects of certainty, convenience, simplicity, and efficiency. However, in terms of efficiency, it is feared that it could increase compliance costs due to the limited knowledge of PMSE tax. Transparency is not optimal because the absence of a physical presence in Indonesia makes it difficult to access data and information so that supervision is carried out; Neutrality is fulfilled because it supports the competitiveness of local business, while in terms of consumption, it is necessary to pay attention to VAT facilities on digital export services due to the potential for distortion of local digital service providers. So it can be said that the practice of collecting Value Added Tax (VAT) fulfills all aspects. However, several issues need more attention, especially efficiency, transparency, and neutrality.

Sale & Purchase Agreement through Internet: The Legal Certainty for the E-Commerce Practices in Indonesia

E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (UU ITE) seems to be the solution to provide protection for consumers. In the ITE Law has set the terms validity of e-commerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. The purpose of this study is to analyze the legal certainty aspect on the buying and selling agreement on electronic commerce cases in Indonesia.

Unregistered Marriage and the Legal Impact, A Book Review “Kepastian Hukum Perkawinan Siri dan Permasalahannya” Zainuddin SH MH & Afwan Zanuddin SH MH, Deepublish Yogyajarta, 95 Pages, ISBN: 978-602-435-120-1

This book explains the legal certainty aspects of unregistered marriages in Indonesia. Unregistered marriages have many implications, especially with regard to law, child status, and inheritance. The book "Kepastian HukumPerkawinan Siri & Permasalahannya", explaina how is the connection between the Islamic law and the State law in marriage cases and how unregistered marriage is most certainly a bad thing. The book also explains what effects and consequences that caused by the unregistered marriage according to law.

Pemenuhan Aspek Kepastian, Kemanfaatan, dan Keadilan Hukum dalam Sengketa Waris

This study aimed to describe inheritance disputes and the fulfillment of aspects of certainty, utility, and legal justice in the District Court Decision Number 203/Pdt.G/2001/PN.Mlg and the Supreme Court Decision Number 2332K/Pdt/2003. This study used a normative legal method by conceptualizing a statutory regulation. This study was a qualitative descriptive study because it aimed to describe the Decision of the District Court Number 203/Pdt.G/2001/PN.Mlg and the Decision of the Supreme Court Number 2332K/Pdt/2003 systematically and accurately. Inheritance disputes in the District Court Decision Number 203/Pdt.G/2001/PN.Mlg and the Supreme Court Decision Number 2332K/Pdt/2003 were acts that aimed at controlling the inheritance without the knowledge of the heirs. The decision of the District Court Number 203/Pdt.G/2001/PN.Mlg did not reflect the aspects of certainty, utility, and legal justice. It did not pay attention to and considered Law Number 1 of 1974, the provisions of Article 118 paragraph (1) Herzien Inlandsch Reglement, and evidence from the defendants. The Supreme Court’s decision Number 2332K/Pdt/2003 reflected the aspects of certainty, benefit, and legal justice because it has taken into account and considered the facts and evidence in the trial in the form of a certificate from the inheritance hall as well as a copy of the Decree of the Religious Court Number 4026/1985.

Striking A Balance Between Legal Certainty, Justice And Utility To End The Clash Between Bankruptcy And Criminal Proceedings In Court Decision No. 11/Pdt.Sus-Gugatan Lain-lain/2018/PN.Jkt.Pst and No. 3 K/Pdt.Sus-Pailit/2019

The clash between bankruptcy and criminal proceedings is one of the obstacles which has been long faced by law enforcement officials. One of many examples of the intersection of the two proceedings is the case between the Bankruptcy Trustees of KSP Pandawa Mandiri Group dan Nuryanto with Depok District Attorneys. The case caused issues with the confiscated assets that were the objects in the bankruptcy and criminal court decisions. It stemmed from the conflict between provisions in Indonesian Bankruptcy Act and Criminal Procedure Code. This Note was conducted to analyze the judges' judicial decision-making concerning the three aspects of legal certainty, justice and utility as one way to resolve the conflict of norms. Generally, the Commercial Court and Supreme Court decisions have complied with the regulations of the prevailing laws and legal principles. However, the judgments are still not comprehensive and not quite right in the decisions. The Panel of Judges should not only stick on the legal certainty aspect but also the justice and utility aspects. Concerning the three aspects, the bankruptcy assets in the case should be handed over to the Bankruptcy Trustees.

OVERLAPPING BETWEEN PROVINCIAL REGIONAL REGULATIONS WITH REGENCY/MUNICIPAL LOCAL REGULATIONS ON THE REGULATED MATERIAL VIEWED FROM THE LAW NUMBER 12 OF 2011 REGARDING ESTABLISHMENT OF LEGISLATION

The occurrence of overlapping between provincial regional regulations and regency/municipal regulations on the same material may create legal problems, because if they are not properly regulated, then authority in the implementation and enforcement of overlapping regional regulations becomes biased, this condition resulted in the failure to fulfill the justice and legal certainty aspects, as well as the benefit aspect, because there are dual regulatory arrangements, which are the regency/municipality regulations and the provincial regulations, in which hierarchically the two regional regulatory instruments are unequal, where the provincial regulation has a higher position than regency/municipal regulations. The similarity of content material between provincial and regency/municipal regulations as referred to in the provisions of Article 14 of Law Number 12 Year 2011 concerning the Establishment of Legislation makes it possible to regulate the same material between provincial and regency/municipal regulations. In the context of provincial and regency/municipal regulations governing the same material, then orders, restrictions, permits and licenses must be clear and resolute, where the regency/municipal regulations cannot contain different orders, prohibitions, licenses and permits which has been formulated in the provisions of the provincial regulation, or in other words, the norm formulation in regency/municipal regulations shall not be contradictory to the norms regulated in provincial regulations. Essentially, regency/municipal regulations can only regulate matters that have not been regulated in the above legislation.

Impure policies: controversy in HIV prevention and the making of evidence

ABSTRACT Controversies are part and parcel of the process of evidence-based interventions represent a problem for any notion of a ‘pure’ evidence-based intervention outside the purview of issues such as social norms, economic boundaries and moral dilemmas. This paper provides a detailed case-study of the recent debate and controversy regarding the roll out of HIV prophylaxis (PrEP) by the NHS in England. We describe and analyze the legal, scientific and social battles that followed when the NHS first refused to commission PrEP. In many ways they mirror the controversy that emerged during the early access to HIV treatment in the US in the nineties as published in previous research. We add to this body of research by detailing the particularities of the controversy in the UK, the specific role of a discourse on resource use, how opponents morally framed and used the evidence and the productive aspects of certainty and uncertainty.