Formal Rules Research Articles

Specific Time Work Agreement (PKWT) After the Constitutional Court Ruling No. 168/PUU.XXI/2023, Is It Still Relevant?

Specific Time Work Agreement (PKWT) After the Constitutional Court Ruling No. 168/PUU.XXI/2023, Is It Still Relevant?

Mapping nature burial in the Netherlands (2003–2023)

ABSTRACT Natural burial has become a popular burial practice in the 21st century. Initially developed in the UK, this practice has since spread to various countries. Despite its growing adoption, comprehensive academic studies exploring the country-specific governance, cultural meanings, and developmental trajectories of natural burial remain scarce. Specifically for the Netherlands, there is a notable absence of systematic research detailing the development and current state of natural burial, or ‘nature burial’, as it is understood and practiced within this context. This paper addresses these gaps by presenting the first comprehensive overview of nature burial in the Netherlands. Through a systematic mapping of the existing nature burial sites, this study examines the concept and landscape of nature burial as it has emerged in the Dutch context between 2003 and 2023. It provides insights into the increasing demand for nature burial; the geographical distribution of sites; and the formal characteristics, rules, and regulations of different types of nature-oriented burial sites. By doing so, this research offers insights into an emerging funerary innovation and provides directions for future international comparisons in the study of natural burial.

Second Generation Fiscal Rules, the Swiss Debt Brake, and a US Constitution Article V Amendment Convention

AbstractThis essay explores new constitutional fiscal rules and their potential impact on the economy. Solving the debt crisis after many years of debt fatigue is clearly a difficult but not impossible task. The federal government is not likely to default on debt in the short term, but allowing debt to increase at an unsustainable rate exposes the country to increasing risk of default in the long term. Before the country falls off this fiscal cliff, we must enact more effective fiscal rules; and learning to live with effective fiscal rules will require some fundamental reforms in fiscal policy and fiscal institutions.

사회적경제가 공급하는 공동체주택의 통합돌봄 : 오스트롬의 제도분석틀(IAD: Institutional Analysis and Development Framework)을 활용하여

This study examines the patterns of integrated care in community housing provided by the social economy in Seoul. Utilizing Elinor Ostrom's Institutional Analysis and Development Framework (IAD), it qualitatively investigates how care systems are created and operate within an institutional context. The findings indicate that community housing promotes informal care systems through resident interactions, serving as a model that fosters emotional stability and social cohesion. Notably, residents’ cooperation and a culture of sharing manifest in various forms, including childcare, emergency support, and elderly care, which contribute to a safety net within the community. Social economy organizations actively encourage this culture of care, while Seoul's support programs help balance privacy with communal living. The requirement for each residence to establish a housing cooperative has strengthened the living care system, facilitating the development and management of both formal and informal rules, as well as the sharing of cultural practices among tenants. This study highlights the potential for community housing care systems to extend beyond resident interactions into broader community contexts, providing important policy and practical insights.

Balancing Justice and Tradition: An Islamic Legal Perspective on Constitutional Court Rulings Regarding Marriage Age

This study analyzes the Constitutional Court Decision Number 22 / PUU-XV / 2017 related to the age limit of Marriage from the perspective of Islamic law. The change in the marriage age limit in this law was passed based on the decision of the Constitutional Court of the Republic of Indonesia (MK) Number 22 PUU-XV/2017, which was born due to the controversy over the previous marriage law. This is a literature research by re-analyzing the policy content of the Constitutional Court of the Republic of Indonesia Number 22/PUU/XV/2017 decision. The analysis examines the legal basis, the applicant's legal standing, and the decision's relevance to Islamic law principles. The results showed that the Constitutional Court's decision was based on valid legal standing and rational arguments. This decision is in line with the value of Islamic law in paying attention to maslahah (benefit). Still, there are differences in certain methodological aspects, especially in the maslahah mursalah approach. The findings also reveal that the change in the marriage age aims to reduce discrimination against women and protect their health, education, and socio-economic rights. From the perspective of Islamic law, the minimum age of Marriage is ijtihadiyah and can be adjusted to the context of the times, as the principle of maqashid al-shari’ah is oriented towards the welfare of the people. This research recommends further harmonizing Islamic and national law to create fairer and more applicable rules.

Stability of the Electoral System as a Constitutional Value (Prolegomena)

The article is an introduction to research on the stability of the electoral system in Poland. There is a hipotesis that the Polish constitution indicates the stability of the electoral system as an expected solution in a democratic state of law. The constitution shows this through many constitutional rules as constitutionalism and legalism. The constitution also contains many detailed regulations regarding elections.

The Use of Artificial Intelligence as the Basis for Sustainable Human Development: Features of International Legal Regulation

INTRODUCTION. The latest digital technologies play a key role in the development of modern society and the state, contribute to their further progress and improvement. One of the varieties of such technologies is artificial intelligence (hereinafter – AI), which has a significant impact on all aspects of human life. The article examines the problem of international legal regulation of AI, analyzes existing documents and identifies the main problems and challenges facing the world community. Particular attention is paid to the issues of establishing a balance between the expansion of AI capabilities and the risks associated with the transfer of management decisions from human to machine. The objectives of the work are: to analyze existing concepts of AI and international acts regulating the specifics of using this technology, to consider topical issues of improving legal regulation and practice of using AI, to determine the prospects for further development of legal regulation of AI.MATERIALS AND METHODS. The sources of international law of a universal and regional character, scientific works related to the topic under research were analyzed. Formal legal, comparative legal and historical legal methods were used as research methods.RESEARCH RESULTS. AI is one of the most important and key elements of sustainable human development, the use of which contributes to technological progress and solving global problems. International legal regulation of the use of AI is at the stage of development and formation of new rules, the creation of which must take into account the possible risks and specifics of the use of technology in various fields. International cooperation and exchange of experience in the field of legal regulation of AI is designed to promote the harmonization of approaches and standards in this area, taking into account the principles of sustainable development, environmental safety and protection of personal data of users.DISCUSSION AND CONCLUSIONS. The main conclusions of the research are as follows. AI helps automate many processes, increases work efficiency and improves the quality of life of people and society as a whole. Cooperation between states and international organizations is a key factor in the successful development and application of AI, contributes to the creation of common principles for ensuring security, transparency and maintaining the technological sovereignty of countries. However, at the moment, the international legal regulation of AI is at the initial stage of its development and many countries face problems with the lack of appropriate norms and standards. The consistent development of legal regulation at the international universal and regional levels, the introduction of clear and comprehensive terminology, taking into account the existing experience of individual international organizations will allow us to continue working on the development and improvement of standards in the field of AI, taking into account the interests of all participants in the international community.

HUKUM SEBAGAI KESADARAN SOSIAL: KAJIAN ATAS PEMIKIRAN HUGO GROTIUS TENTANG DASAR UNIVERSALITAS HUKUM

Law is not merely a set of formal binding rules but also a reflection of society's social consciousness. Hugo Grotius, a philosopher and the father of international law, developed a theory on the universality of law rooted in human rationality and moral awareness. This article aims to examine Grotius' thoughts on law as a manifestation of social consciousness. Using a normative-philosophical approach, this study explores how Grotius' concept of universality of law serves as a foundation for harmonizing positive law with universal moral values. The study finds that law, according to Grotius, possesses universal characteristics as it is based on human reason, which is inherently social, rational, and moral. Thus, Grotius' theory remains relevant in the modern context to create more inclusive and just legal systems.

Computational Characterization of the Structure, Energy, Strengths, and Fracture Resistances of Symmetric Tilt Grain Boundaries in Ice.

Using an interatomic potential that can capture the tetrahedral configuration of water molecules (H2O) in ice without the need to explicitly track the motion of the O and H atoms, coarse-grained (CG) atomistic simulations are performed here to characterize the structures, energy, cohesive strengths, and fracture resistance of the grain boundaries (GBs) in polycrystalline ice resulting from water freezing. Taking the symmetric tilt grain boundaries (STGBs) with a tilting axis of ⟨0001⟩ as an example, several main findings from our simulations are (i) the GB energy, EGB, exhibits a strong dependence on the GB misorientation angle, θ. The classical Read-Shockley model only predicts the EGB - θ relation reasonably well when θ < 20° or θ > 45° but fails when 20° < θ < 45°; (ii) two "valleys" appear in the EGB-θ landscape. One occurs at θ = 22° for Σ14(2̅31̅0) GB, and the other is at θ = 32° for Σ26(3̅41̅0) GB. These two GBs might be the most common in polycrystalline ice; (iii) all the STGB structures under consideration here are found to be a collection of edge dislocations with a Burgers vector of b = 1/3⟨112̅0⟩. The core structure of this edge dislocation is composed of a pentagon and a heptagon atomic ring. The separation and orientation of the structure units (SUs) at the GB exhibit a strong dependence on θ; (iv) the length of an atomic bond within the SUs, rather than EGB and θ which are often used in the literature, is identified as one controlling parameter that dictates the intrinsic GB cohesive strength; (v) characterization of the fracture resistance of the GB containing an initial crack is beyond the reach of nanoscale atomistic simulations but is feasible in concurrent atomistic-continuum (CAC) simulations that can simultaneously retain the atomic GB structure together with the long-range stress field within one model. The above findings provide researchers with a stepping stone to understand the complex microstructure of polycrystalline ice and its response to external forces from the bottom up. Such knowledge may be consolidated into constitutive rules and then transferred into the higher length scale models, such as cohesive zone finite element models (CZFEMs), for predicting how polycrystalline ice fractures at laboratory and even geophysical length scales.

Book Review: The Importance of Constitutional Rules and Property Rights. The German Economy in 1990–2015

The book titled The Importance of Constitutional Rules and Property Rights. The German Economy in 1990–2015 prepared by Damian Bębnowski, a researcher at the University of Lodz was published in 2022 by Peter Lang. This comprehensive 440-page monograph is devoted to an important event in recent German history, namely, the reunification and the period of building a social market economy order in the former GDR during the period indicated in the title.

Statistical variable selection and causality in the social and behavioral sciences

AbstractThe problem of “variable selection” is a fundamental one across the sciences. In its broadest terms, this problem would be at least part of the general issue of theory selection and comparison. However, there is a more circumscribed problem that concerns primarily the choice of variables for the best fitting model, given some set of data, usually observational in nature, and specific statistical techniques, typically multiple regression. There is a deep strand in econometrics and other applied social, behavioral, and biomedical science statistics to want formal decision rules or algorithms to pick out variables. The paper examines seven such formal procedures using a simulated data set with known causal relations. The conclusion is that seven often-used procedures make systematic causal errors. Some suggestions about better alternatives conclude.

Do religious values mitigate the effect of formal corporate governance rules on earnings management in Islamic countries? Evidence from Jordan

Purpose This study aims to assess the board of directors’ effectiveness in curbing earnings management (EM) in Jordan, a country where Islamic religious values strongly influence corporate practices. Design/methodology/approach Using a sample of 51 Amman Stock Exchange-listed firms from 2012 to 2022, generalised least squares regression is used to examine the association between board characteristics and EM. Findings Most board characteristics do not significantly affect EM. Interestingly, board activity is significantly and positively associated with EM, suggesting that the board’s monitoring function has been relegated to a secondary role. Research limitations/implications Formal corporate governance mechanisms may prove ineffective, as their effectiveness in limiting EM is undermined by informal rules. Practical implications Regulators should adapt corporate governance rules to the context in which they are embedded. Greater attention to religious dynamics could improve board oversight effectiveness. Originality/value This study provides a new perspective to analyse the relationship between corporate governance and EM. To the best of the authors’ knowledge, this is among the first studies to explore this issue within the context of Islamic countries.

Institutional analysis of water governance in the Colorado River Basin, 1922–2022

The 1922 Colorado River Compact started the long history of water governance in the Colorado River Basin. Over the last century, the institutional structure has shaped water governance in the basin. However, an understanding of the long-term evolution is lacking. This study examines how water management strategies have evolved at the basin scale by incorporating institutional, temporal, and network structure analysis methods to examine long-term changes. Content analysis was employed to systematically investigate encouraged and/or discouraged water management actions at different rule levels. The water governance network was examined at four points in time to map the institutional structure, actors, and governance level at which rules are issued and targeted. Using institutional analysis, we found constitutional, operational, and collective-choice level rules for water supply, storage, movement, and use have been altered via layering of new governance rules without major rule or responsibility alteration. The network analysis results indicate that key decision-making positions have remained and actors who issue and are targeted by the rules lack significant change. We found original positions of power have been maintained, potentially stagnating the space for problem-solving and management strategy renegotiation. Our results indicate that path dependency has shaped water governance and who is able to influence decision-making.

Three‐Dimensional Finite Element Analysis and Simplified One‐Dimensional Analysis Methods for Full‐Scale Viscoelastic Damper Considering Strain Sensitivity

ABSTRACTViscoelastic (VE) dampers are capable of dissipating energy over a variety of input vibration frequencies. They supplement both displacement‐ and velocity‐dependent restoring forces, thus, provide both stiffness and damping to the structure. For this, they are able to effectively mitigate both frequently occurring wind loads and seismic forces. They are sensitive to loading frequency, temperature, and strain level. Their combined sensitivity to both loading frequency and temperature is extensively researched through three‐dimensional finite element (3D‐FE) methods considering heat generation and transfer. However, they can experience a significant nonlinear reduction in dynamic mechanical properties under large strain levels. Pursuant to these, the previously developed 3D‐FE method is extended in this study by combining with a nonlinear strain level–sensitive constitutive rule to investigate the behavior of a full‐scale multilayer VE damper. This nonlinear 3D analysis method agrees accurately well with experimental results. Additionally, the 3D‐FE analysis results suggest an approach to one‐dimensional (1D) time‐history analysis. Despite of large strain level, the energy dissipation obtained from 3D‐FE analysis is uniform, further suggesting a framework for a simplified 1D approach, that is, considering uniform strain distribution. These 1D methods accurately predict VE damper global responses.

Causalities-multiplicity oriented joint interval-trend fuzzy information granulation for interval-valued time series multi-step forecasting

Interval-valued time series (ITSs) multi-step forecasting research is still in its infancy. Two cruces here lie in counterintuitive or conservative nature of semantic descriptors for ITSs, and disregard for multiplicity of causalities resulting from uncertainty in causalities between data or between trends within a set of interval-valued data. In this paper, we put forth a type of joint interval-trend fuzzy information granules, which takes non-loss of within-interval information as the main design criterion. A modified fuzzy information granulation method carries originality in portraying intuitive and accurate interval-trends, directly linked with inherent relational constraints such as lower bound data should not be greater than upper bound data. Furthermore, we formulate a legible format of multi-factor fuzzy IF-THEN rules, which exhibits interesting interpretations to causalities between interval-trends at a higher level of multiplicity. The forecasting process is fuzzy rules-based, resulting in wise results by calculating rule firing weights. Thus, we develop a well construct of accuracy and interpretability for multi-step forecasting of ITSs, manifested in: (a) reducing cumulative errors by operating at the granular level, and (b) perceiving interval-trends in an intelligible manner and emphasizing multiple causalities via transparent fuzzy logic inference. Experimental results convincingly confirm the validity of the model.

Legal Policy of Pretrial Arrangements in Criminal Procedure Law in Indonesia by the Constitutional Court

This research examines the legal policy direction of pretrial arrangements in Indonesia's criminal procedure law, focusing on Constitutional Court Decisions Number 21/PUU-XII/2014, 102/PUU-XIII/2015, and 66/PUU-XVI/2018. These decisions have significantly shaped the evolution of pretrial provisions, ensuring alignment with constitutional principles of justice, legal certainty, human rights protection, and simple, fast, low-cost justice. Through normative legal research employing statutory, conceptual, and case-based approaches, the study analyzes how the Constitutional Court's rulings address ambiguities in existing norms, enhance judicial oversight, and strengthen the protection of suspects' rights. Findings indicate that the Constitutional Court’s decisions aim to refine pretrial norms by expanding judicial authority, clarifying procedural ambiguities, and balancing human rights protection with efficient judicial processes. The research underscores the role of legal politics in harmonizing criminal procedural law with evolving societal and legal demands, offering insights for further reforms to uphold justice and human dignity. Future research could explore comparative analyses, implementation challenges, and the integration of digital technologies to enhance the efficiency and equity of pretrial systems.

Dare to share: information and intelligence sharing within the UK’s anti-money laundering regime

ABSTRACT The UK's approach to combating money laundering extends beyond traditional enforcement authorities, encompassing diverse regulated entities mandated to monitor and share intelligence on suspected laundering activities. This study examines the UK's Anti-Money Laundering (AML) nodal institutional architecture, focusing on the significance of information-sharing mechanisms and structures among law enforcement, public institutions, and private entities. Different types of information – ranging from raw data to strategic, tactical, and operational intelligence, as well as evidence – dictate the appropriate structures and mechanisms for their sharing. This study introduces a nuanced framework for analysing these structures, assessing the spectrum from highly structured to organic approaches in state intervention, alongside varying levels of formality, incorporating mandatory or voluntary elements. The analysis identifies four main factors shaping the dynamics of information sharing in the UK's AML efforts: strategic resource allocation involving technology and human resources, the establishment of formal rules and standardised interpretations, cultural shifts towards trust and reciprocity, and state coordination and leadership. The findings reveal the central role of the state not only in setting legal frameworks but also in steering coordination, managing resources, and fostering reciprocal relationships among public and private nodes to enhance information sharing, reflecting a ´state-anchored´ approach to AML governance.

Linking commoning with social forestry: An Indonesian case

Social forestry schemes aimed at both conservation and land redistribution for smallholders surrounding the Indonesian state forests. However, the results so far are mixed at best, with limited areas having been granted to the intended beneficiary groups. Several problems appear to be the causes. They range from the domination of administrative and managerial aspects of the scheme, lack of decision-making participation of the intended beneficiaries, to the program granting marginal land and/or located far from the smallholder villages. Consequently, smallholders are unenthusiastic about the schemes, conflict ensuing at the local level, and the marginalized groups are excluded from accessing the schemes. Focusing on a case from two smallholder groups granted with a Community Forestry scheme in a South Sulawesi village, we delve into the ways in which, and the extent to which, the smallholders are actually able to access the social forestry program. Exploring the case through the commoning perspective we examine the unique ways in which the local smallholder groups create specific social relations and governing institutions, through the practice of commoning, that enable them to effectively benefitting from the scheme. We found that through commoning the groups create their own collective local rules, as well as activating informal relations, they were able to develop effective collective management of their plots–that are treated as individual-holding in most other similar groups. These successes hinge on their ability to develop and maintain the commoning practice, utilizing deep local knowledge, and unique historical context around Indonesian social forestry. The case presents a unique way in which smallholders are muddling through the red tapes of formal rules in order to make a successful story that the state scheme intended to achieve.

Ethno-Design of Galicia at the Beginning of the 20th Century

The aim of the research is the factors and backgrounds formation of Galicia ethno-design at the beginning of XX century. The processes, which influenced the area of ethno-design development, have completely been spotlighted in the work. Its formation is being considered as the cultural event interrelated with the historic-economical, geographical, social-cultural changes in the region of the investigated period. Research methods: search-analytical (identification, literature analysis and origin foundation), historical (research of events and phenomena development), chronological (events consideration in the time consistency), logical-synthetic (factors, events and phenomena analysis), generalization and systematization results. Scientific novelty. In the research the backgrounds and features of regional manner-designed heritage formation have been revealed which are rooted in the unique folk art, folk art traditions, grand work of regional rules formation and stylization, ethno-pedagogics principles application in familial art upbringing, formation of private craft and art-industrial schools in the area, and so forth. Conclusions. As the result it has been concluded that the Galicia ethno-design at the beginning of the last century was characterized by the distinctive art and art-industrial traditions which influenced the unique Ukrainian style separation based on the West-European achievements. Different kinds of folk art, craft and homecraft played the important role in those processes. Through the nature forms and reasons stylization they gained their signs and colors semantics inherent of the area. The background of Galicia ethno-design development has become the esthetic tastes formation in family training of children and youth, ethno-pedagogical phenomenon of the regional art dynasties, foundation and performance of educational establishments with the national art-industrial culture of the area. It is highly important to use this experience in the professional training of Ukrainian designers.

Optimizing automated compliance checking with ontology-enhanced natural language processing: Case in the fire safety domain

The fire safety compliance checking (FSCC) plays a crucial role in ensuring the quality of fire engineering design and eliminating inherent fire hazards. It requires an objective and rational interpretation of fire regulations. However, the texts of fire regulations are filled with numerous rules related to spatial limitations, which pose a significant challenge in interpreting them. The current method of interpreting these rules mostly relies on manual translation, which is not efficient. To address this issue, this study proposes an innovative automated framework for interpreting rules by combining ontology technology with natural language processing (NLP). Through the utilization of pre-trained language models (PLMs), concepts and relationships are extracted from sentences, a domain-specific ontology is established, spatial knowledge is transformed into language-agnostic tree structures based on the ontology, and the semantic components of spatial relationships are extracted. The tree structure is then mapped to logical clauses based on semantic consistency, thereby improving the efficiency of interpretation. Experimental results demonstrate that the architecture achieves an F1 score of 86.27 for entity extraction and 81.81 for spatial relationship joint extraction tasks, with an accuracy of 96.26% in the formalization of logical rules, highlighting its proficiency in automatically interpreting fire spatial rules. This study offers technical support to enhance public understanding of fire safety management and fire prevention predictions, thereby promoting the intelligent management of the building safety environment.