Conceptual Approach Research Articles

Perlindungan Hukum terhadap Anak Korban Eksploitasi Secara Seksual dalam Perspektif Peraturan Perundang-Undangan di Indonesia

The problem of sexual exploitation of children is not just a medical issue, but also involves many aspects, including religion, psychology and law. For this reason, this research was carried out with the aim of knowing and analyzing the regulations for legal protection for child victims of sexual exploitation and policy formulation for legal protection for child victims of sexual exploitation in the future. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. Analysis of legal materials is carried out by interpreting, evaluating and assessing all statutory regulations and relevant legal materials. The results show that the regulation of legal protection for child victims of sexual exploitation is not clearly regulated either in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System and policies for formulating legal protection for child victims of sexual exploitation in the future, namely the need to reform the criminal law regarding provisions that prohibit these acts, both in the draft Criminal Code in the future and the revision of Law Number 13 of 2006, Law Number 23 of 2002 and Law Number 11 of 2012.

Pembatalan Sepihak Oleh Penjual Dalam Perjanjian Jual Beli Online

Introduction: At first, the community carried out conventional buying and selling transactions where the sellers and buyers met face to face. However, with the very rapid development of technology, modern society is more inclined to carry out buying and selling transactions online without face-to-face meetings. This has a positive but also negative impact due to the fact that what is happening with the development of online buying and selling transactions triggers the emergence of unscrupulous people who take advantage of this situation. Among them are related to the seller who sometimes terminates the agreement by unilaterally canceling the buyer who has made a payment transaction for an item or product being traded.Purposes of the Research: The purpose of this study is to find out and examine whether the unilateral cancellation by the seller is an act of default and what are the legal remedies against the buyer who is harmed by the seller's unilateral cancellationMethods of the Research: This research is a normative juridical. The approach used in this research is the statute approach and the conceptual approach. The sources of legal materials are primary, secondary and tertiary where the collection of legal materials is carried out using library research. Furthermore, it is analyzed qualitatively by processing, analyzing and constructing the results as a whole so that in the end it can answer the problems studied.Results of the Research: The results of this study indicate that the cancellation of online buying and selling agreements unilaterally by the seller against the buyer is an act of default because the seller does not have the effort to fulfill the achievements or obligations that should be carried out in accordance with the rules in force in Article 7 of Law Number 8 of 1999 concerning Consumer Protection where the seller do not fulfill their achievements at all and are declared negligent in fulfilling their achievements. The process of resolving consumer disputes can be resolved through two channels, namely through litigation with lawsuits to court and non-litigation through the Consumer Dispute Settlement Agency (known as BPSK) through conciliation, mediation or arbitration and the Non-Governmental Consumer Protection Agency (known as LPKSM).

INFORMATION SYSTEM FOR ASSESSING THE LEVEL OF HUMAN CAPITAL MANAGEMENT

The article offers conceptual foundations for formalizing the process of assessing a level of human capital (HC) management at the enterprise using mathematical and computer modeling based on neural network technologies. The methodological approach for assessing the level of human capital management has been improved. This allows the use of neural network tools to identify accurately and reasonably the level of HC management with the help of self-learning multilayer perceptron. The weight coefficients of such a network were calculated. An appropriate artificial neural network – a multilayer perceptron – was built using the mathematical software MatLab and it was successfully diagnosed. The improved mathematical model for assessing the level of HC management at the enterprise makes it possible to display transparently a set of input parameters on a set of output solutions, to decompose such a process, and to simplify the procedure of its formalization. The designed neural network allows us to determine quickly and accurately the level of HC management at the enterprise. The conceptual approach proposed by the authors has several significant advantages over existing alternative methods: accuracy of assessment; taking into account a wide range of various evaluation parameters of impact; high speed of making decisions and self-learning ability. The proposed approach was successfully implemented to assess the level of HC management at 24 domestic enterprises. The information system "HC" developed by the authors allows to calculate the estimated parameters of the evaluation process; to determine the level of HC management based on the mathematical apparatus of the multilayer perceptron. Such estimates correlate with the estimates obtained by the experts of these enterprises which indicates the adequacy of the approach proposed by the authors. Therefore, the proposed information system for assessing the level of management of the HC allows accurate implementation of such a process with minimal time and money costs.

RECRUITMENT POLICY OF CIVIL SERVANT CANDIDATES OF THE MINISTRY OF EDUCATION, CULTURE, RESEARCH, AND TECHNOLOGY FOR DIASPORA APPLICANTS WITH INDONESIAN CITIZENSHIP

In this study, researchers used the Yuridis-Normative legal research and writing methodology by using 3 (three) approaches, including conceptual approaches, statutory approaches, and comparative approaches. This research discusses the opportunities for Diaspora with Indonesian citizenship in the recruitment of Civil Servant Candidates for the Ministry of Education, Culture, Research and Technology. The legal issues raised in this research are as Diaspora with Indonesian citizenship are part of Indonesian citizens who are constitutionally valid so that their rights and obligations apply absolutely based on the 1945 Constitution of the Republic of Indonesia. The issues discussed are the recruitment mechanism to accommodate the participation of Indonesian Diaspora who apply in the general formation and the continuation of studies for Diaspora who have passed the CPNS recruitment. Moreover, in this case, the Diaspora is not regulated in general formations, but special formations.

Structure, Conduct, Performance (SCP) Approach & Fairness Principle in Business Competition Law in The Era of Digital Platforms

The emergence of digital platforms has led to disruptions that affect not only technological and economic aspects, but also legal aspects, particularly business competition law. The discourse surrounding the development of digital platforms within the context of business competition has been influenced by two major schools of thought: the Chicago School, which adopts an effeiciency approach (also known as the consumer welfare approach) , and the Harvard School, which employs the structure, conduct, and performance (SCP) approach. This article aims to scrutinize the shortcomings of the efficiency approach advocated by the Chicago School in addressing the issues related to business competition in the digital platform market. Additionally, it seeks to demonstrate how the principle of fairness, based on the competitive process approach and market strcture, can serve as a more comprehensive analytical tool for evaluating the health of competition in the market. The results show that the efficiency approach is inadequate in addressing concerns of fairness in the digital market. Responding to the context, global business competition authorities have begun to promote a fairness approach to bolster SCP approach which serves as a moral underpinning for upholding the principles of healthy business competition in the digital platform era. This article applied normative legal research methods with a conceptual approach for analysis.

INFLUENCE OF THE ISLAMIC FACTOR ON TRANSFORMATION PROCESSES OF THE SOCIO-POLITICAL SYSTEM IN KAZAKHSTAN AND CENTRAL ASIA

The article examines theoretical and conceptual approaches to the study of the influence of Islam and the Islamic factor in the discourse of transformational socio-political processes in Kazakhstan and the Central Asian region. Understanding and interpreting current paradigms and trends in the development of Islam and related sociocultural, socio-political processes facilitates the orientation of our country and society in the changing realities of the world order. The development of possible mechanisms for regulating modernization processes in our country in the field of state-confessional policy has great academic and practical significance for the domestic scientific community. The article also examines differences in the interpretation of Islam among different communities in the region, as well as the impact of global trends on religious practices and political activism. Overall, the article aims to highlight the complex dynamics between Islam and socio-political life in Kazakhstan and Central Asia, focusing on the key transformational processes and challenges facing regional societies.

Угрозы продовольственной безопасности России и инструментарий импортозамещения

The issues of food security of national states have become particularly relevant in the modern era of global turbulence, when geopolitical threats have generated sanctions pressure, breaking production chains, including in the agricultural sector. In this regard, the issues of food sovereignty require the search for new instruments of state policy for its preservation. The article presents conceptual approaches to the study of food security, which made it possible to identify the basic factors of ensuring it, as well as the main categories of threats. Conducted analysis of the legal framework of the concept of food security and the main conditions for ensuring it in Russia made it possible to specify 4 main groups of threats and determine options for their prevention. The results obtained became the basis for proposing directions for increasing food security in Russia.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

Beyond environmental determinism? Analysing studies on environmental migration in the Greater Mekong Subregion and the Ganges‐Brahmaputra Delta Region

AbstractCurrent studies often present environmental and climate migration in three ways: in an environmentally deterministic way, as an adaptation strategy or as a ‘wicked’ phenomenon. This bibliometric and thematic analysis analysed 147 studies from January 2015 until August 2020 on environmental migration in the Greater Mekong Subregion and the Ganges‐Brahmaputra Delta Region (India and Bangladesh) to determine to what extent dominant discourses on environmental migration and mobilities have moved away from environmental determinism. Results of this study suggest that most analysed studies, which clearly framed environmental migration, tend to remain rather environmentally deterministic. Further, the spatial level of analysis in the studies, whether it was local or non‐local, did not correspond to different theoretical and conceptual approaches to environmental migration. While 17.0% of the studies presented environmental migration as a form of adaptation, relevant discussions on the concepts of resilience, vulnerability and adaptation were largely lacking. This is problematic as recent global studies on environmental migration are increasingly adopting the adaptation paradigm. Additionally, relatively few studies have adopted more critical or pluralistic approaches to human mobility, climate change and adaptation. Lastly, studies on Bangladesh were more often presenting climate change as a primary driver of migration than studies in other localities within the study region.

Wife’s Obligations According to Marriage Law: Perspective of Legal Purpose Theory

Background. The wife’s obligations under marriage law are contrary to Islamic law.. This difference raises questions about the suitability of the law with social values. Social history records significant developments in the role of the wife in the dynamics of household affairs. Aims. To analyze the basis of Article 34 paragraph 2 of the Marriage Law concerning the wife's obligation to manage household affairs and theoretical views on the purpose of the law on the article. Methods. Normative legal research uses a conceptual approach to explore the understanding of the basis of law. Data were obtained through literature studies and analyzed descriptively based on the theory of the purpose of law. Results. Article 34 paragraph 2 iin terms of justice, reflects distributive and commutative justice. The fair division of roles between husband and wife is reflected and affirms equality in lineage and family identity. Justice will be achieved by avoiding exploitation or inequality in the exchange of roles. The wife's obligations in terms of benefits are considered an effort to achieve the greatest possible benefits for individuals and families. Consistent and clear application of the law is very important in terms of certainty. The history of marriage law shows the complexity in the interpretation and application of the law. Efforts to create legal certainty have been made through the unification and simplification of laws, as well as the affirmation of norms that regulate the wife's obligations firmly and unambiguously.

Conceptual Principles of Blue Growth in the Development of Natural Assets in Urban Parks of Ukraine

Introduction. For the coastal regions of Ukraine, the conceptual provisions and principles of the blue economy, which define the main approaches to the functioning of maritime industries in the context of sustainable development, have recently become particularly relevant. Harmonious development of coastal regions is impossible without considering the main components of nature management and their connection with the concept of blue growth. One of the important directions of natural use within the city, particularly on the seaside, is recreation in city parks and related activities of related sectors of the economy. Therefore, this study substantiates conceptual approaches and defines the role and place of city parks in the economy of nature use based on blue growth. Aim and tasks. The purpose of the study is to substantiate the conceptual provisions of the use of natural resources of city parks as natural assets in order to form effective strategies of sustainable development, in particular, on the principles of blue growth of city parks in accordance with their condition and the degree of influence on the development of urban space and society. Results. In the context of the study, the differences of such concepts as: “natural capital”, “natural resources”, “natural assets”, “ecosystem functions”, and “ecosystem services” are substantiated, which is revealed by taking into account the conceptual and systemic features according to the presence of the consumer and involvement in economic and social processes. Based on this, the essence of the natural resources of urban parks as assets was analysed and substantiated using the GE/McKinsey matrix. It was determined that different city parks are unequal in terms of availability of natural assets and their contribution to urban improvement and economic development. In the matrix analysis process, urban parks were typified according to the degree of involvement of their natural assets in economic and social processes, which allowed for the prediction of differences in risks that arise in the process of decision-making and organizational and economic measures regarding the functioning of parks. Conclusions. Thus, based on the improvement of conceptual provisions regarding the use of the natural assets of city parks, a conceptual basis for the study was developed in the context of sustainable development, and the peculiarities of the understanding of city parks as natural assets were determined. Based on the matrix analysis results, the types of city parks were determined according to the quality of their resources and their importance (role) to the city, and the risks that arise in their functioning were substantiated. It has been proven that tasks and priorities regarding the development of city parks should be based on natural, economic, and social factors, and that their functional dependence on the effectiveness of decision-making is substantiated.

Медиатизированный дискурс православного студенчества об РПЦ

The article is devoted to the analysis of the modern Orthodox conservative mediatized discourse among student bloggers on the Telegram messenger platform. The relevance of the study lies in the lack of development of both the topic of mediatization of Orthodoxy and the topic of studying Orthodox conservatism in modern sociology. The study of this phenomenon in the work took place through the prism of a conceptual approach, which received the name "mediatization of religion" in scientific sociological literature. The scientific problem is that studies of the mediatization of Orthodoxy are no longer a new field, but their number is still small. A large number of religious groups that are currently forming and functioning are outside the field of view of researchers. The figurative approach, which took shape in the German school of studying mediatization, was chosen as the research method. The figurative approach re-actualizes the concept of “figuration” by Norbert Elias and considers modern communicative figuration in media through four components: communicative practices, media ensemble, frame of relevance and constellation of actors. The communicative figuration of modern Orthodox conservatism in the Telegram messenger was taken as the basis of our study, since this platform provides opportunities for discussion on social and theological issues. The purpose of the article is to describe this communicative figuration through its four components. In this regard, the objectives of the study were: a description of the context of formation and features of the modern stage of studying the mediatization of Orthodoxy; a characteristic of the 4 components of the communicative figuration of modern Orthodox conservatism among young people. The empirical part of the study was based on a series of expert, semi-structured interviews with the authors of Telegram channels included in the youth category and who are students of higher educational institutions. In total, 30 interviews were collected from March to August 2024, of which 5 were selected for the article. The results of the study demonstrated that at the moment there is a constellation of actors of modern Orthodox conservatism, in the youth pole of which a group of students can be distinguished. Orthodox conservative students build their own identity, based on the Orthodox tradition, but only in the form of moral prescriptions. They are practically not integrated into the existing structures of the Russian Orthodox Church. The frame of relevance of the communicative figuration of Orthodox conservatism considers Orthodoxy as an integral part of modern Russian culture and humanitarian science. But in the frame, there is also an opposition to liberalism, including church liberalism, which occurs on issues of the foundations of society.

Analysis of the Structural Organization of the Human Finger Phalanges Using Anatomical Network Models

Despite the fact that the morphogenetic mechanisms of human finger transformation during ontogenesis are currently known, the issues of how they are organized into a complex integrated structure of the distal hand remains open. This question remains unanswered for several reasons, including the lack of consensus on conceptual definitions and approaches, as well as tools for assessing and comparing variations in several anatomical parts of the hand. The aim of the study was to investigate the structural organization of the human finger phalanges using anatomical network analysis (AnNA). Material and methods. In this study, the authors applied the IGRAPH package functions in the R data analysis programming environment for AnNA. Network modeling and layout were performed using the Fruchterman-Reingold algorithm. Analysis of the structure, as well as modularity and integration in the networks, was performed using the spin-glass algorithm. X-ray osteometric indices of the I–V fingers phalanx length were used to assess AnNA in 100 men and 100 women of the middle age without traumatic changes, deformations, and developmental deviations. Results. AnNA demonstrates a two-level organization of the distal hand in the form of a proximal module including the proximal phalanges and a distal module combining the middle and distal phalanges. When comparing the features of the network models of the distal hand, it was found that in women, the organization of the finger phalanges is characterised by higher morphological integration and modularity (modularity 0.43) than in men (modularity 0.38). orphological modularity and integration are organizing factors in the structure of the finger phalanges of the human distal hand. Conclusion. The study results demonstrate that the structural organization of the finger phalanges of the human hand is a system of individual anatomical modules of the phalanges.

The Effectiveness of Consumer Protection Law in Overcoming Misleading Marketing in the Food and Beverage Industry

Evaluate the effectiveness of consumer protection law in addressing misleading marketing in the food and beverage industry, which often involves inaccurate product information. On the other hand, misleading marketing not only harms consumers economically, but can also have a serious impact on public health. Therefore, the active role of consumers in verifying product information is becoming increasingly important amidst the rise of misleading claims in the food and beverage sector. This research uses a normative juridical method with a statutory and conceptual approach to analyze Law No. 8/1999 on Consumer Protection. This method allows researchers to evaluate existing regulations and understand the concept of consumer protection in the context of misleading marketing. The results show that although regulations are in place, stricter implementation and enforcement are needed to protect consumers from health risks and economic losses due to misleading product information. The research suggests increased supervision by authorities, such as BPOM, as well as better collaboration between the government, businesses, and consumers to create a fairer and more transparent trading environment in the food and beverage sector.

Digitalization of Islamic Banking in Indonesia: Justification and Compliance to Sharia Principles

Technological sophistication is observed to be increasing the necessity for digitalization of Islamic banks in Indonesia to avoid being abandoned by their customers, as conventional banks rapidly advance their digital offerings and set higher expectations for financial services. However, these banks are required to comply with Sharia principles for their products and services. This study was conducted to analyze the justification of digitalization of Islamic banking system and compliance of the digital services implemented to Sharia principles. It employed doctrinal legal study methods. Data were retrieved from literature references and were analysed qualitatively using a conceptual and statutory approach. The results showed several reasons to justify digitalization of Islamic banking system and these include the current demand for digital products and services, the prevalence of the millennial generation, and the legal backing provided for the advancement in Indonesia. These principles mandate that Islamic banks must avoid practices involving maisir (gambling), gharar (obscurity), haram (prohibited activities), riba (usury), and zalim (injustice). This study is novel in its comprehensive analysis of how digitalization can be harmonized with Sharia principles in the Indonesian context, providing a unique legal and practical framework for Islamic banks aiming to modernize their services while maintaining religious compliance.

Современный массовый туризм: становление, принципы, факторы развития

One of the effective and affordable ways to organize recreation and leisure in modern conditions is considered to be mass tourism, which is influenced by global trends: globalization, informatization, geopolitics. In the article, based on generalizations of the approaches of domestic and foreign researchers, an attempt is made to give a detailed definition of the term “mass tourism” and to specify its phenomenon through the justification of its distinctive features: the number of consumers (mass), motives and goals, the influence of technological progress, industrialization and scaling of the tourism business. The authors highlight factors contributing to the development of modern tourism, including: accessibility, globalization, marketing and advertising, political situation, economic stability, digitalization and conceptual approaches to the emergence and development of mass tourism: the theory of consumer society, the theory of mobile sociology, “quality tourism” and etc. Among the general principles of modern mass tourism, the authors highlight: the commercial principle of a balance of interests, taking into account the global problems facing humanity, the active socialization of tourism. Particular attention is paid to the issues of periodization of the formation of mass tourism in the historiography of various countries; description of the modern understanding of mass tourism, taking into account its influence on national socio-economic systems; determining the main directions for the development of mass tourism in the domestic market of tourism services, taking into account rapidly changing external conditions and factors, which made it possible to identify the main and most popular types of tourist activity.

Characteristics of Sharia Crowdfunding as an Alternative to Financing the Development of the National Capital City

This research started from the construction of the new National Capital City of the Nusantara which has not yet been completed and requires a very large budget. In this regard, a financing model is needed that can be used as an alternative financing for the development of the new National Capital City. The aim of this research is to find the characteristics of sharia crowdfunding as an alternative financing in the process of building the new National Capital City. The research method used is a normative juridical research method with a statutory and a conceptual approach. The results of this research show that there are several characteristics of sharia crowdfunding as an alternative financing for the development of the New National Capital, namely: it is only intended for halal projects and products so that it complies with sharia principles and is free from interest rates; there is fairness in the distribution of profit and loss margins using a profit-sharing system; and supervised by the Sharia Supervisory Board.

The Effect of Hydrate Formation Conditions on the Mechanics of Laboratory Methane Hydrate‐Bearing Sediments

AbstractThe mechanics of methane hydrate‐bearing sediments (MHBS) have been broadly investigated over recent years in the context of methane‐gas production or climate‐change effects. Their mechanical investigation has mainly been carried out using models constructed from experimental data obtained for laboratory‐formed MHBS. Along with the dominant effects of hydrate saturation and morphology within the host soil pores, this study recognizes the effective pressure at which the hydrate is formed as a key factor in the MHBS mechanics. A state‐of‐the‐art experimental study has been conducted in order to isolate the effect of the hydrate formation pressure, for use as a model parameter. Two generalized mechanical prediction models that incorporate the effect of the hydrate formation pressure are developed in this work: (a) an analytical shear strength prediction, and (b) an empiric graphical model for predicting volumetric changes along a given stress path. The models are related to a novel data representation which enables the analysis of a few individual test outcomes as a whole, through a volume‐change mapping that describes the complex influence of the volumetric effect of hydrate in MHBS, under combined hydrostatic and deviatoric loading scenarios. In this study, we delve into a specific configuration of hydrate morphology, hydrate saturation, and host soil type, enabling a distinctive fundamental geotechnical investigation and the development of a conceptual modeling approach. The paper describes the approaches by which the MHBS properties can be extracted for other MHBS samples (than those examined in this work) having different host soils and hydrate pore‐space morphologies.

Rise and Fall of Democracy in Regional Government: From Assignment to Election

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.

Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia

Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile, for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.