Disciplinary Regulations Research Articles

Analisis Kinerja Aparatur Sipil Negara dalam hal Disiplin Kerja di Kantor Kecamatan Tanjungbalai Utara Kota Tanjungbalai

The research objective is to describe the performance of the State Civil Apparatus in terms of work discipline, to describe the obstacles in improving the performance of the State Civil Apparatus in terms of discipline and to describe the efforts made in improving the performance of the State Civil Apparatus in terms of work discipline in the Tanjungbalai District Office of North Tanjungbalai City. With descriptive qualitative research methods, this type of research is descriptive qualitative by making direct observations or observations, interviews and documentation. The results of the research show that the application of disciplinary regulations within the scope of the North Tanjungbalai Sub-district office in Tanjungbalai City still implies that the regulations apply but in reality there are some things that have not been carried out optimally, there are still employees who cannot be invited to collaborate in routine Kecamatan activities and often leave offices during office hours such employee attitudes hamper service performance for the community. As for the obstacles faced in disciplinary regulations, namely the Lack of awareness of employees in carrying out their duties and responsibilities, the lack of professionalism and responsibility of Civil Servants in carrying out their duties, the lack of strict Sanctions given by the Authorized Officials and the Fading of Discipline of Regional Civil Servants.

Meaning construction in legislative discourse: a sociosemiotic interpretation on supervision system reform in China

ABSTRACTThis study investigates the reform of supervision system in China through the Supervision Law, and identifies this Law as a sign within its corresponding social and political purposes and intentions from the sociosemiotic perspective. Within its legislation process, the Supervision Law could be identified as both a sign textualized among the disciplinary regulations, and as a signifier configured with the successive interpretants by relevant laws, for example, the Constitution Amendment 2018 and the Criminal Procedure Law 2018, showing the social construction of legislative meaning as infinite semiosis. In other words, from the whole process of sign perception, reception, acceptation, and interpretation, a legislative text could be interpreted both as a sign constructed in the external but relevant sign systems and as a signifier reconstructed with the successive but infinite interpretants in the internal sign system. This study also finds that the social construction of meaning is achieved and represented to the extent which is constructed through the representation and interpretation of law-making process by sign receivers or legal participants.

Las vías de hecho estudiantiles y los derechos a la defensa y el debido proceso del profesorado universitario

Introducción: en las relaciones del estudiantado universitario tanto en el ámbito público como en el privado a menudo se presentan inconformidades, bien sea metodológicas o bien personales, que ponen en evidencia la debilidad de los sistemas educativos de categoría universitaria en cuanto al manejo de conflictos y su oportuna resolución. Esto ha creado procedimientos de facto como el “veto que se torna en una vía de hecho”.
 Objetivo: determinar por medio de la jurisprudencia y la ley un procedimiento disciplinario jurídico obediente a los derechos fundamentales que rija las diferencias del estudiantado con el profesorado y viceversa.
 Metodología: mediante el análisis de la jurisprudencia de la Corte Constitucional y de la aplicación de procedimientos determinados en la ley colombiana se buscará hacer una propuesta de procedimiento viable para resolver las diferencias que surgen entre el estudiantado y el profesorado.
 Resultados: se propone una forma de juicio que permita, de acuerdo con los manuales de convivencia o reglamentos disciplinarios existentes, ejercer la defensa, la contradicción, la presentación y la práctica de pruebas, además del derecho a un veredicto en condiciones de imparcialidad e igualdad con la opción de presentar los recursos que se estimen necesarios. 
 Conclusiones: se anima a los profesores y estudiantes universitarios a plantear este tipo de situaciones en sus reuniones internas, de modo que se genere discusión, a fin de lograr un consenso que permita la visibilización de este problema y que, claro está, se busquen soluciones jurídicas a ellos a fin de evitar que este tipo de situaciones se perpetúen como mecanismo de acción de facto.

Sports Liability of Football Clubs for Spectators’ Behavior: Art. 12, Art. 14 of the Code of Sports Justice of the Italian Football Federation (F. I. G. C.) and para. “e” of the Art. 16 (2) of the UEFA Disciplinary Regulations

Disciplinary regulations of the national associations are under their discretion and not directly governed by UEFA. The Italian Football Federation approach differs by its own original classification of the inappropriate spectators’ behavior matters. In particularly, Art. 12 of the Code of Sports Justice establishes the liability for introducing in the sport facilities any images, inscriptions, symbols, emblems and other materials that contain insulting, offensive, threatening or inciting violence words and phrases, as well as for chants, shouts and other manifestations of obscene, offensive, threatening or inciting violence acts, while according to Art. 14 the clubs are liable for violent acts of spectators committed inside and around the stadium area (when they are directly related to the spectators’ misbehavior inside the stadium) in case the acts constitute a threat to public safety or a threat of causing serious harm to one or more individuals1. Furthermore, the Code establishes the unique system of mitigating and exempting from liability circumstances. The authors did the research of the sports legal practices of the aforementioned jurisdictions. Thus, it is useful to compare the provisions of both, the Code and UEFA Disciplinary Regulations. The obtained results could be interesting for RFU Disciplinary Regulations since it is constituted mostly by the Russian public legislations.

The composition of reformed church orders: A theological, reformed and juridical perspective

Many reformed church orders, which reflect the Dort Church Order of 1619, albeit revised, still apply its subdivision into these four chapters: firstly, offices (dienste); secondly, general assemblies (samekomste); thirdly, doctrine, sacraments and other ceremonies (leer, sakramente en seremonies); and fourthly, church discipline (kerklike tug). This article focuses on the composition of church orders. The research question is the following: How are reformed church orders composed and what it the ecclesiological or juridical rationale behind this composition? This article contains paragraphs on the composition and the ecclesiological legitimisation of the Dort Church Order of 1619 and its predecessors, the reformed churches in the East-Indies (Batavia), the Algemeen Reglement of 1816, the Reformed Church Order of 1951, the church order of the Protestant Church in the Netherlands of 2004, and the major shift from the perspective of canon law to reformed church polity. Reformed church orders contain both doctrinal and disciplinary regulations in relation to three notae ecclesiae of a reformed church. However, there is more at issue than the theological nature of the composition of the Dort Church Order and its successors, namely their relation to the Institutes of Justinian.

ACTIVITY OF FLEET SHIPS ON STRENGTHENING OF THE RIGHT IN THE PORTRAIT OF THE PERIOD (1867 1914)

The article is devoted to the study of problematic issues of reforming and functioning of regimental courts in the Russian Empire after the military-judicial reform, carried out in 1867. The author of the article gives a brief description of the scientific literature that reveals some questions of the functioning of the institute of regimental courts in the chronological period under consideration. An attempt was made to analyze the degree of influence on the activities of regimental courts of the “List of Omissions” published three times per year, issued by the order for the districts and systematic control of the military prosecutor’s office. The article briefly describes the provisions of the 1867 Military-Court Regulations on matters relating to the activities of regimental courts. Changes are revealed in the sphere of activity of regimental vessels in wartime. In particular, a brief analysis of the amended IV section of the military-judicial charter of 1867, enacted by the order of the Military Ministry No. 464 and entitled “On the court in time of war”, is given. The author made an attempt to analyze the existing order of consideration of cases in the regimental court, to characterize all the participants in the process, their rights and duties. As a result of the study, the author comes to an important conclusion that in the period from 1867‑1917 in the imperial army, the regimental courts considered minor offenses of the lower ranks. The regimental courts, consisting of three officers appointed by the regiment commander, made it possible to narrow the gap between the measures of the disciplinary regulations and the forms of criminal responsibility, enabling the military command to take timely, concrete, decisive and expeditious measures against soldiers who, consciously, other violations of military discipline, disciplinary offenses and other minor offenses. Regimental courts allowed more effective and differentiated approach to every serviceman in matters of military discipline, thereby, in many ways preventing the commission of more serious offenses, to fulfill the principle of the inevitability of punishment to a greater extent.

The Impact of Standardised fiscal rules index on the Yield on Ten-Year Government Bonds in the Visegrád Group Countries in 2005–2016

Purpose: The article analyzes the possible methods of public debt management, which not only aim to meet regulatory requirements but also obtain a market premium in the form of an optimal level of the yield on government bond yields that will be profitable for the issuer. The study analyzes the situation in the public finance sector in the countries that form the Visegrád Group (V4). The authors evaluate the main regulatory requirements of EU law in the area of numerical fiscal rules and their impact on the yield on basic securities such as ten-year government bonds, which directly influences the cost of servicing long-term public debt. Methodology: The study uses desk research method for theoretical reasoning to verify the research hypothesis. The study seeks to answer the question of whether the application of national and EU fiscal rules in V4 budgetary frameworks contributes to lower yields on ten-year bonds and thereby reduces the cost of public debt. The authors utilize time series and cause-effect analysis as well as quantitative research for the systematization of statistical information and regression analysis for the examination of statistical dependencies. Findings: The basic parameters subject to financial assessment within the fiscal rules index are (1) the deficit of public finance sector and (2) public debt with its servicing costs. In 2005–2016, the ratio of the public finance sector deficit to GDP was shaped in such a way that most V4 countries required the institution of excessive deficit procedures and further disciplinary regulations. The assessment of the situation in the public finance sector in the area of budget deficit and public debt does not translate into the yield on government bonds of non-Eurozone countries. Model-based testing indicates that the financial markets – when deciding to evaluate or purchase government bonds of non-Eurozone countries – failed to acknowledge the implementation of fiscal rules in these countries and its possible effects. Originality: The study focuses on a unique comprehensive analysis of national fiscal rules employed in individual V4 countries and their impact on the yield on government bonds throughout the entire EU membership of the V4. What holds the greatest cognitive value in this article is the answer to the question of whether Eurozone membership impacts the valuation of a country’s public debt.

A Review of the Scientific Misconduct Inquiry Process, Ankara Chamber of Medicine, Turkey.

The aim of this study is to review the inquiry process used in scientific misconduct cases in the Ankara Chamber of Medicine between the years 1998 and 2012. The violations of the "Disciplinary Regulations of the Turkish Medical Association" have been examined by keeping the names of the people, institutions, associations and journals secret. In total, 31 files have been studied and 11 of these files have been identified as related to scientific misconduct. The methods of inquiry, the decisions about the need for an investigation process, the types of scientific misconduct, and the adjudication processes have all been reported. Furthermore, the motives of researchers who made allegations, the study approaches of investigators, and the objections to the decisions about guilt and innocence have also been examined. Based on the findings obtained, the reasons for scientific misconduct and the distribution of responsibilities among the people in the inquiry process have been discussed. A major conclusion is the need to standardize the process of conducting inquiries about scientific misconduct cases for the regional chambers of medicine in Turkey.

Doping in Sport: The Case of Fencing

Most athletes in order to achieve satisfactory results have to train long and hard. However, some of them, aiming at victory at all costs, resort to doping. The benefits of winning are relatively small when compared to the damage of the human organism caused by doping. The phenomenon has been present in cycling, athletics, boxing, football, weightlifting and many other sport disciplines for many years. In fencing only few instances of the use of illegal substances during the competition were revealed, which was reflected in Polish and foreign sports press. In many European countries the use of doping is regulated by the anti-doping rules, regulations and policies that define these practices as penal acts. In Poland the problem of doping was first regulated by the Act on Physical Culture of 1984 and 1996 as well as the he Act of 1985 on Prevention of Drug Abuse. The regulations of FIE fencing competitions, prepared on the request of Polish Fencing Federation on the basis of the FIE competition rules in the disciplinary regulations of competitions prohibited the use of artificial stimulants during or before the competition. The aim of this paper is to present the threats in modern sports with particular attention to the phenomenon of doping in fencing, as well as in social terms. It is a case study and a study of selected issues connected to doping in contemporary sports. The author poses the question whether the fencers often are tempted to support their bodies with doping in order to achieve better results than the representatives of other sports? What percentage of the fencers were using illegal stimulants? Is there is a problem of doping in fencing, and if so, what is its scale?

Worker Performance in State-Owned Factories in Maoist China

Drawing on in-depth interviews with 97 retirees in different cities, this article reexamines worker performance in state-owned enterprises during the Mao era. It disputes the conventional wisdom that assumes widespread shirking and inefficiency in state firms before the reform and attributes this problem primarily to the lack of adequate material incentives. Instead, this article investigates the issue of work incentives in the context in which multiple economic, social, and political factors worked together to motivate and constrain workers. It argues that state-firm workers were subject to not only the pressure of political conformity, disciplinary regulations, and peer-to-peer surveillance at the workplace but also the incentives embedded in their shared consciousness as a privileged group, their identity as members of a work unit, and, most important, the opportunities for upward mobility that motivated them in the absence of material stimuli. Workers’ performance, therefore, varied over time and space, depending on how the mechanisms of motivation and control operated on the shop floor.

Racism in European football: going bananas? An analysis of how to establish racist behaviour by football supporters under the UEFA disciplinary regulations in light of the inflatable banana-case against Feyenoord

Notwithstanding all efforts made to eliminate racism from European football, UEFA case law over recent years shows that spectator-related racism incidents in European football are still the order of the day. Several cases have been published with regard to alleged discriminating or racist conduct of football supporters. This year the UEFA Control and Ethics Body sanctioned Feyenoord for racist behaviour of their fans after an inflatable banana was thrown on the field in the Europa League match against AS Roma. In light of this particular case, the author of this article made an analysis of how racist behaviour of football fans should be established under the UEFA Disciplinary Regulations and the applicable case law of the UEFA Appeals Body.

Opinions of Secondary School Students on the Effects of Disciplinary Regulations and Practices on the Freedom of Thought and Expression

Disciplinary rules are necessary for students to benefit from education and training activities without any problems or shortcomings in the school environment. Governed by regulation in Turkey, these rules prescribe such penalties as reprimand, short-term suspension, changing of schools, or exclusion from formal education institutions. Conversely, various national and international legal arrangements define children‟s fundamental rights and freedoms. Students below the age of 18 are also entitled to fundamental rights and freedoms by reason of such legal arrangements. One of these arrangements recognises the freedom of thought and expression. The children's/students' freedom of thought and expression within the school environment, as well as the limitations thereof, are of a disputed nature. In light of such disputes, the problem addressed by the present study concerns the evaluation of the effects of disciplinary regulations and practices on students‟ freedom of thought and expression in line with students‟ own opinions

The legal status of disciplinary regulations in sport

International and national sports organisations have created extensive regulatory frameworks to govern their activities. Associated athletes and clubs are required to comply with the rules set by these organisations. If they do not abide by the rules, a disciplinary sanction can be imposed. Regulating sports is, however, not an easy exercise. Due to the many different actors involved legal issues are numerous and complex. By its nature, sport is not a national affair. As the best athletes and clubs compete on an international level, when a disciplinary sanction is imposed, this can have effects on international competition. Therefore, this article will provide a comparative and transnational overview of the main legal framework in which national and international sports organisations operate according to Dutch, English, French, German and Swiss law. The article will provide an answer to the question whether a ‘level playing field’ exists in European organised sports with regard to the legal status of disciplinary regulations.

Uma abordagem microssociológica de sala da aula, no âmbito da aprendizagem das ciências

Problematizamos neste artigo, em termos sociológicos, numa abordagem próxima da metodologia do processo-produto, em que medida certas características fundamentais do professor condicionam as estratégias de estudo dos seus alunos e os resultados alcançados em ciências. Trabalhámos com uma amostra, de vinte e quatro professores e 651 dos seus alunos, representativa das escolas do Concelho de Olhão, Distrito de Faro. Os resultados indicam que os níveis relacionais que os professores estabelecem com os seus alunos são fundamentais para perceber os seus resultados, correspondendo os melhores níveis relacionais das turmas com o professor, tendencialmente, aos resultados mais profícuos por parte dos alunos. A dimensão relacional contudo, é insuficiente para definir uma prática pedagógica eficaz, sendo muito importante, a ponto de constituir-se como uma pré-condição, a dimensão disciplinar ou normativa. Garantidos este contexto relacional e normativo, destacam-se os debates em sala de aula, com ampla participação dos alunos, como um outro elemento fundamental a referir no âmbito da eficácia do professor.Palavras-chaveAprendizagem em ciências; Estratégias de estudo; Eficácia do professor

La Responsabilidad Civil del Abogado y su Aseguramiento

This article analyzes the attorney’s responsibility towards his client, in agreement with the obligations resulting from the power of attorney. It specifically refers to the lawyers who work as litigators, advisors, or consultants. The text begins with a study of the Law 1123 of 2007, which updates the attorneys’ disciplinary regulations, in order to highlight the references these regulations contain about the concept of suitability of the legal professional. It then explains the characteristics of the power of attorney between the lawyer and his client, as well as the main obligations—both of means and results—, and describes some specific cases in which the legal professional may fall in civil responsibility, as well as the forms and mechanisms of

Motivação do Ato Decisório de Licenciamento a Bem da Disciplina

When examining the Military Disciplinary Administrative Law, this paper aims to point out the current lack in the Disciplinary Regulations of the Air Force (RDAER), 1975, and in the Ordinance, nº 967/GC3, 2009, of legislative provision expressed on Motivation of the Licensing Deciding Act on account of the Discipline, under the penalty of its nullity; exposing the Air Force upper hierarchical and making fragile the fundamental pillars: Hierarchy and Discipline. Justifying this thesis are the very purposes of this research, namely: to present motivation act which has been omitted making it completely perfect, valid and effective, and finally, last but not least, to prevent eventual litigation, privileging the economy principles. This article suggests an administrative and legal analysis of the need of that motivation within the Air Force through the subsidiary application of the Law, Administrative Procedures Law, 1999, Law nº 9.784. Thus, with the adoption of this feasible resort, one would prevent the keeping of the administrative act ruled in the provisions of that General Law, which is currently, a satisfactory document to this Act Legality and Legitimacy eventual judicial proof.

Teachers' Perceptions about School Violence in One Turkish City

ABSTRACT The aim of this study is to determine the types and frequencies of violence encountered by teachers in primary and high schools in Niğde province in Turkey, and, in addition, to determine the perceptions of teachers regarding the reasons for and methods of prevention of violent actions at schools. One hundred forty-two teachers were chosen for this research out of 3,397 teachers in Niğde by rational sampling. Data was gathered through public surveys. The frequency distribution used for analysis of data was determined separately as a percentage in a chart. Teachers defined violence as “whole verbal or physical harming behavior.” They considered family reasons to be the main reason for violence at schools and suggest that more effective student advising services and disciplinary regulations be performed as prevention.

Education and violence: The schools micro-politics and the macro-politics in Zimbabwe

This study examined forms of violence in Zimbabwean schools and sought to draw an analogy with the country’s macro-politics. Key interrelationships emerged which painted an endemic culture of violence. Over three hundred (300) students and eighty, (80) teachers submitted 2 - 3 page-written accounts on their schools’ micro-politics. Thirty, (30) trainee teachers and seven (7) lecturers also completed a qualitative questionnaire. Cartoons were also used to capture the experience of citizens in the macropolitics. The degrading and violent disciplinary networks applied by teachers on students in violation of statutory disciplinary regulations were noted. It was also established that knowledge discourses and new trainee teachers have been politicised into partisanship and intolerance, a situation that may serve to perpetuate a violent culture and compromise teacher professionalism. This article therefore discussed participants’ accounts and concluded by posing key points and recommendations which were seen as critical, if Zimbabwe is to untangle from the gripping forces of violence.

Supremacy, Debasement, and Symbolic Investiture in Lawrence Kramer's Modern ‘Opera’: a Review of Lawrence Kramer, Opera and Modern Culture: Wagner and Strauss (Berkeley and London: University of California Press, 2004), ISBN 0 520 24173 8 (hb)

Lawrence Kramer’s latest book offers a reading of ‘Opera’ and modernity in terms of a crisis of ‘symbolic investiture’. This latter concept, developed out of the work of Pierre Bourdieu and its application by Eric Santer, is defined by Kramer as ‘the process by which social institutions grasp the inner being of the individual in its essence, and in so doing both define and confer that essence […] Although often in need of later supplements to sustain its power, this process is dramatic and discontinuous, enacted in defining moments that resonate through the rest of the person’s life and “fate”’. This symbolic investiture ‘can come in moments of rapture as well as terror, enfranchisement as well as confinement, even if each of these terms always harbors traces (if not more) of its opposite’ (5). Kramer tackles his project through interpreting examples of revolt against the concept of the norm (which, as Foucault famously argued, is based on disciplinary regulations specific to modernity) in figures of variance, deviance, and difference. He is especially interested in how ‘normative’ subjectivity can be revitalized by borrowing from the ‘abnorm’; how the supreme, as a hypertrophied form of the norm, has a secret kinship with the debased. This is a topic powerfully expressed in the exceptional states of supremacy and debasement characteristic of ‘Opera’. It is tied to Opera’s emergence at the historical moment of the ascendancy of bourgeois subjectivity and its norms, regulations, and desires.

:Dwelling in the Archive: Women, Writing, House, Home and History in Late Colonial India

At the outset of this book, Antoinette Burton asks: “What counts as an archive? Can private memories of home serve as evidence of political history? What do we make of the histories that domestic interiors, once concrete now perhaps crumbling or even disappeared, have the capacity to yield?” (p. 4). Her response challenges academic disciplinary regulations through a feminist Foucauldian critique of institutional knowledges and their mode of production as technologies of male social power. The definition of “archive” here is both expanded and contested, and the conventional deployment of the archive as an ideological endeavor is exposed. In this critique, officially designated archives turn out to be repositories of objectified knowledge characterizing mainstream/male stream history. The positivism or scientificism required by this archiving process removes all subjects, their memories, and their experiences from history. Burton attempts instead to return the subjects of history to the status of makers of history.