Explanation Of Law Research Articles

REFUGIADOS: QUESTÕES POLÍTICAS, JURÍDICAS E SOCIAIS

The increase in conflicts in the world and violations of rights, especially in the underdeveloped countries continue to cause entire populations to leave their homeland to escape hunger and continuous atrocities. This study, through bibliographical and documentary research, seeks to reflect on the situation of people in situations of refuge. It gives a brief explanation of international law and the context that motivated it. It then discusses Brazil's situation with regard to refugee protection and, finally, discusses refugee issues and concludes that guaranteeing the human rights of refugees is a major challenge, which must be tackled as this right was already violated when the individual fled from his country of origin.

FUNDAMENTAL PRINCIPLES OF OPTIMAL GEAR SHIFT SYNTHESIS THEORY IN AUTOMOBILE STEPPED RATION GEAR TRANSMISSION

The laws of gear transmission are practically always transformed into rather illustrative and relatively easy programmed in the controller the so called maps of transmission. But the notion of optimality are prone to misunderstanding. To avoid this it is suggested a driver opt for himself for the factored technical possibilities of multiprogrammed automated or automatic control of transmission, or at sole discretion to implement a certain programing compromise that in most cases is not disclosed. Thus the system of automated control is subject to uncertainty. There has been no theory able to recommend an irrefutable compromise.
 It turned out that alongside with insufficiently optimal laws of gear transmission the so called cycle of shift operation occurs, i.e. excessive or irrational changeability of structure and parameters of transmission which cannot be blocked by the criterion of optimality. To contend this phenomenon the optimal laws are considerably distorted and invalidated. So, why do we strive for optimality? Was it really necessary to create a true model of automobile, search for the sense of ultimate transmission? Are there any other issues possible more important than dynamics, energy saving, purely technical factors that determine the efficiency of transmission? Should we prognosticate artificially created chaos in the control system while programming asystemic errors in the operation of the controller? It is obvious that these questions presuppose substantial negative answers that are to be proved.
 However, there are grounds to suggest completely different explanation of gear shift optimality laws: when a driver chosen program of automobile motion is realized we can mention only the energy saving, whereas the requirement of dynamics means “interference” in driver’s actions, “limitation’ of the freedom of choice, decrease in operability within the “drive – automobile” system. This treatment of the sense of transmission automation is firmly grounded. “Dynamics” is based only on the assumption that there exists an indicator of car sensitivity to the driver.
 If both paradigms coexist, undoubtedly, everything related to one of them is absolutely false. It is the traditional paradigm that seems false, for it relies on so called map of shifts. Due to this fact in the theory of automated operation of “engine – transmission – automobile” system there has long been ambiguity in the understanding of automobile transmission operation. And this statement is the fundamental, key one in defining really objective principles for the synthesis of automobile transmission operation laws.
 The aim of this paper is to reveal the content, evaluate the objectivity and credibly validate both paradigms contesting in the theory of automobile stepped ration gear transmission and constituting the basis of synthesis theory of optimal gear shift laws in these transmissions.
 Usually, the problem of gear shift softness is treated outside the general motivation of the gear shift optimization laws. It is considered that the softness of the shift is just a reason of comfort and prevention from harmful dynamic load of transmission. In fact the synchronization of transmission elements rotation under participation of engine is directly connected with transference of energy to automobile’s propulsion units and the accuracy of the desired motion program representation. That is why the effectiveness of synchronization is to be evaluated according to the same criteria as the rationality of the choice of transmissions. It is worth mentioning that in the process of active (with the participation of the engine) operation of synchronization the automobile transmission transforms to the variator that, although it dispels energy in the form of the heat, potentially allows the engine to work longer and under more energy saving modes.
 It is proved that the optimization of the gear shift laws should be considered solely according to the criterion of energy saving. Herewith, the organization of the process of shift from one transmission to another should be submitted solely to the laws of energy saving rather than to the requirements of softness that could hardly be formalized. In this case the algorithms of internal combustion engine operation in the process of automobile transmission shift (in the process of clutches slipping) are of great importance.

Manajemen Madrasah dalam Perspektif Sejarah

The Developing of madrassa from classical times to the present can not be treated partially or half-and-half, but requires thinking the development of a complete and comprehensive measures and efforts are visible, flexible and credible, especially when faced with the national development policy in education who have the vision of the educational system as a social institution that is strong and authoritative to empower all citizens of Indonesia develop into quality human, so capable and proactive answer the challenges of changing times (see explanation of Law No. 20/2003 on the National Education System). Plus era of globalization has given a wide impact in many aspects of life, including quality demands in the organization of education. In this era every field requires the Human Resources (HR) qualified high caliber and reliable, so competition especially concerning human resources are very tight. to meet this demand, the improvement and development of education provision in each madrasah system continuously needs to be done in line with the dynamic development of science as well as the dynamics of change in society itself that is the development of character concerning the aspects of soft skills (spirituality) and hard skills (intellect). Strengthening way blend of character development in the stretcher build madrassas ideals and a strong academic culture that lead to superior output and good as expected madrasah in this age of globalization. Surely madrasas must have good managerial system in realizing the goal of madrasa education in it self.

Penegakan Hukum Pidana Terhadap Praktik Perjudian Berkedok Permainan Anak-Anak Di Pusat Perbelanjaan (Mall) di Kota Pekanbaru Oleh Polda Riau

Menurut Penjelasan UU No. 7 Tahun 1974 Perjudian adalah salah satu penyakit masyarakat yang manunggal dengan kejahatan. Dari data yang ditangani Polda Riau tersebut, kasus judi yang paling banyak diungkap adalah judi dengan kedok gelandang permainan anak-anak, yang di dalam praktiknya justru dimainkan orang dewasa dan mengandung unsur hadiah. Namun demikian, walaupun telah beberapa di antaranya ditangani oleh Penyidik Polda Riau, di tengah masyarakat masih kita jumpai beberapa permainan di mall yang dapat dikualifikasi sebagai judi namun terhadap tenpat-tempat tersebut seakan tidak tersentuh hukum. Penelitian ini menyimpulkan bahwa penegakan hukum atas kasus perjudian berkedok permainan anak-anak di pusat perbelanjaan di Kota Pekanbaru belum optimal. Dalam melakukan penegakan hukum, penegak hukum dalam hal ini penyidik berhadapan dengan kendala adanya perbedaan penafsiran judi dengan Jaksa Penuntut Umum dan tidak kongkretnya pengaturan judi dalam KUHP.

The Rule of Law Concept and Explanation

The Rule of Law Concept and Explanation

General psychological theories of development, study and education

Presentation of the chapter from the book by Maksymenko, S.D. (2018). Psychology of human learning: genetically-modeling approach. Kyiv.
 The monograph considers the personality, its sources, structural components and its inward world in terms of genetic psychology. The principles for construction of experimental genetic and genetically-modeling methods as the most adequate for explanation of laws and mechanisms of appropriation, formation and development of human abilities and genesis of personality development are presented for the first time. Genetically-original units of various abilities and “needs” as sources for stimulating activity of individual (Latin: Vis vitalis - vital power), its deepness and initial unity (synthetic character) (Latin: Vis vitae - vital force) that constitutes the personality are presented.
 The following fundamental analysis is made:
 - theory of learning as a way for development and self-realization of personality;
 - study as a public form for management of learning and personality development;
 - learning as a direct and by-product of study.
 The following specific peculiarities for needs (in vital force or vital power) were found:
 - energy informative virtues of human in onto- and phylogenesis;
 - genetic psychological problems, as well as personality structure were fixed;
 - sources and driving forces of personality activity were proved (presented);
 - fundamentally new personality structure, its forecast for development and life way; life (existence) of human; realization of love and needs and motivational regulators for life way of personality inward space

Explanation of Law in the Interpretation of Postmodernism

The article analyzes the reasons for neglecting the truth in the process of interpreting the rights and opportunities for a way out of the crisis of modern jurisprudence. The actualization of the spirit of law makes it possible to correctly prioritize conf licts of legal values. The hierarchy of values in law presupposes respect for truth. But postmodern, in fact, rejects the desire for truth, he is interested in the multiplicity of approaches as such. The authors of the article note the dangers associated with the dominance of postmodernism in the legal process. Globalism exaggerates polysemy in jurisprudence, that is, a variety of meanings and content. Such a polysemy is not justified by circumstances of an objective order. The globalizers of the world need ambiguity of law in order to maintain and aggravate the problem of interpreting (interpreting) the law, due to polysemy in any norms and principles, you can make a different meaning, for the time being without specifying it. And then act on the situation, guided by considerations of benefit. The well-known concept of hypocrisy is derived from polysemy. Jurisprudence serves the world, the main characteristics of which are decentralization, fragmentation, pluralism, eclecticism, multiplicity, uncertainty, discontinuity, volatility, etc. For the philosophy of postmodernism, the outlook does not come to the forefront, but the worldview, that is, rationality and sensuality, change places: a logically formed paradigm gives way to emotional reactions. Postmodernists, as a fighting unit of globalism, consider it impossible and useless to try to establish any hierarchical order or any system of priorities in life. If they allow the existence of a model of the world, then it is based only on entropy, on the equiprobability and equivalence of good and evil, of all constitutive elements.

Law, Marxism and Method

Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i) the importance of dialectical materialist analysis; (ii) the historically specific and transitory nature of capitalism and (iii) the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

An Experimental Investigation on the Relationship between MS Frequency Response and Coal and Gas Outburst

Microseismic (MS) frequency response is an important part of high‐efficiency data mining to achieve the aim of coal and gas outburst (CGOB) early warning. Based on the variation pattern of acoustic emission (AE) signal in the coal failure process, the experimental characteristics of MS activity and typical signals CGOB were obtained in this study. First, the AE behavior of coal failure experiment was studied, and an explanation of laws was provided as follows: the fracture behavior of coal sample exhibits certain characteristics of AE response in terms of AE event count, signal amplitude, and frequency; each stage has its own physical meaning during the process of loading test. Based on these laws, CGOB experiments were carried out using a large CGOB physical simulation system with a MS monitoring system. Notching filter and wavelet packet transform technique were used in the denoising and feature extraction of six typical MS events (signals). The features of each stage, including the time‐frequency domain, were extracted and quantitatively expressed. We finally arrive at the following conclusions: (1) CGOB exhibits significantly periodic characteristics, and each CGOB stage corresponds to the significant response characteristics of MS. CGOB presents varying characteristics, such as “valley‐peaks‐valley”. (2) From the incubation stage to happen stage of outburst, the spectrum significantly moved from extremely low frequency (100‐200 Hz) to high‐frequency band (approach to 1600 Hz). During the residual stage, MS frequency manifested the concentration distribution (50 Hz) and offered the advantage of energy concentration. (3) The phenomenon of signal energy also shows the trend of energy transform low to high and to low modes along with the process. Signals total energy distribution (42.81%, 1,437.5‐1,812.5 Hz) in the happen stage are markedly larger than those of events in incubation stage (7.01%) and residual stage (1.44%). The methodology presented in this paper for CGOB signal analysis provides a new method to obtain MS response precursor and predict CGOB disaster. This approach can be useful for rockburst anticipation and control during mining in gas and highly stressed coal mines.

The Internal Morality of International Law

In this essay we build on public fiduciary theory and Lon Fuller’s notion of the internal morality of law. We posit two criteria necessary to establish the internal morality of international law. We argue that the internal morality of international law is derived from the synthesis of a fiduciary criterion of legitimacy and the prohibition of unilateralism. The former refers to the idea that any public action which cannot be reasonably said to be made in the name of, or on behalf of, those subject to it is illegitimate. The latter refers to the prohibition of one state imposing its will on another. We argue that the fiduciary criterion and the prohibition of unilateralism are complementary, and their synthesis provides a compelling explanation of international law’s authority. This is evident from the character and legal effects of jus cogens or peremptory norms. Finally, we address numerous challenges that could be raised against this conception of international law, and its implications for the rule of law in the international realm.

What's eating cruise ship employees: exploring dimensions of engagement

ABSTRACTPurpose: The purpose of this paper is to assess the dimensions of employee engagement of a crusie ship work force.Design/Methods/Approach: This study is based on qualitative research and as such is associated with the nomothetic (associated with the law) explanation. Employees were asked questions from a questionnaire which covered the dimensions of engagement on the basis of existing scientific literature.Findings: Observing employee engagement on a cruise ship, this study showed that Communication and progress, Capacity to engage, Engaged behaviour and Trust and feeling of freedom are dimensions that have influence on the employee engagement of a cruise ship work force.Research limitations: The generalisation of the findings is limited and it is not possible to derive a general conclusion due to the sample profile (single cruise company).Originality/value: This research, in the author's best knowledge, is a pioneering work. So, further testing and improvement is necessary.

KEBIJAKAN PEMERINTAH DAERAH DALAM PEMBERDAYAAN PEREMPUAN DI KABUPATEN DEMAK

The general explanation of Law No. 23 of 2014 on Regional Government explains that thegranting of the broadest autonomy to the regions is directed to accelerate the realization of thewelfare of the community through the improvement of services, empowerment, and communityparticipation. This research is related to community empowerment, especially local government policyin women empowerment. The method used in normative juridical research is by reviewing variouslaws related to women empowerment, especially the policy of local government of Demak regency,and to examine the programs conducted by the government Regions through the Office of Women’sEmpowerment. To analyze the research results used qualitative analysis by giving interpretationof local government policy related to empowering woman to answer problem in this research. Theresults showed that the policy of Demak Regency Government in the empowerment of women is:a) Empowerment of women entered in one of the Head of District Mission in 2011-2016, BupatiRegulation No. 07 of 2012 on General Guidelines Implementation of Gender Mainstreaming in DemakDistrict, 401/0057/2016 on Gender Responsive Planning and Budgeting SKPD.b) Work programsimplemented by KP2PA include: 1) improvement of women’s quality of life and child protection, 2)institutional strengthening of gender mainstreaming, 3) harmony of policies to improve the qualityof children and women,4) enhancement of participation and gender equality in development

Hidden in Plain Sight: IRS Publications and a New Path to Tax Reform

Internal Revenue Service (IRS) publications are everywhere in tax practice and almost nowhere in tax scholarship. These publications seek to explain substantive tax law to the general public in a simple, comprehensible, and accurate manner. IRS publications are not only the primary source of information about tax law for taxpayers who file their own returns, but such publications are also essential for online tax preparation platforms, like TurboTax, and for third-party tax return preparers, who rely on this information when selling their services to millions of taxpayers each year. From the perspective of these stakeholders, IRS publications are not simply explanations of substantive tax law; they are substantive tax law. Yet IRS publications are scarcely mentioned in legal scholarship or tax policy debates. Considering their influence and ubiquity in tax practice, the broad inattention of scholars and policymakers to IRS publications is enormously surprising. This Article suggests that IRS publications can do more than help non-expert stakeholders navigate their annual tax filing obligations; these publications can also offer significant and unexpected value for experts in their world of legal scholarship and tax policy debates. Studying IRS publications can yield important lessons about one of the greatest challenges facing the federal income tax system—complexity. Virtually all stakeholders agree that tax law is too complicated, but we seldom make meaningful progress toward simplifying the law. This Article proposes that the study of IRS publications can help experts identify and prioritize complexity problems in federal tax law. By using IRS publications to recognize high-risk/high-value problems with complexity, experts can formulate a tax research and reform agenda that will bypass many theoretical and epistemological roadblocks to tax simplification. The key is that IRS publications offer experts a new starting point in the long road toward tax reform, one that has been hidden in plain sight for decades.

THE METHOD OF DECONSTRUCTION IN THE NARRATION AND INTERPRETATION OF LAW

THE METHOD OF DECONSTRUCTION IN THE NARRATION AND INTERPRETATION OF LAW

A tentative model for the explanation of Båth law using the order parameter of seismicity in natural time

Using the order parameter of seismicity defined in natural time, we suggest a simple model for the explanation of Bath law, according to which a mainshock differs in magnitude from its largest aftershock by approximately 1.2 regardless of the mainshock magnitude. In addition, the validity of Bath law is studied in the Global Centroid Moment Tensor catalogue by using two different aftershock definitions. It is found that the mean of this difference, when considering all the pairs mainshock-largest aftershock, does not markedly differ from 1.2 and the corresponding distributions do not depend on the mainshock’s magnitude threshold in a statistically significant manner. Finally, the analysis of the cumulative distribution functions provides evidence in favour of the proposed model.

Pengembangan Madrasah Unggulan Di Madrasah Diniyah Miftahul Huda Sumurpanggang Margadana Tegal Jawa Tengah

The development of madrasah seed can not be treated partially or half-and-half, but requires thinking the development of complete and comprehensive as well as measures and efforts are visible, flexible and credible, especially when faced with the national development policy in education with a vision realization of the education system as an institution strong social and authoritative to empower all citizens of Indonesia develop into a human quality, so capable and pro-active answer the challenges of the times are always changing (see explanation of Law No. 20/2003 on the National Education System). Plus the era of globalization has given a wide impact in many aspects of life, including the demands of quality in the organization of education. In this era demands every field of Human Resources (HR) quality of high caliber and reliable, so competition especially concerning human resources are very tight. to meet this demand, the improvement and development of education provision in each madrasah system continuously needs to be done in line with the dynamic development of science and technology (Science and Technology) and the dynamic changes in society itself. Strengthening the institutions of excellence through how to build ideals and a strong academic culture that lead to superior output and good as expected madrasah in this age of globalization. Keywords: development of education, madrassa, an Islamic education

PELAKSANAAN WEWENANG PERAWAT UNTUK KONSULTASI DAN KOLABORASI DENGAN DOKTER DALAM PELAYANAN KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 38 TAHUN 2014 TENTANG KEPERAWATAN (Studi di RSUD Dr. Soedirman Kebumen)

T he nurse’s role was caring and giving comfort to the client, which the nurse doing their position as a specific nurse , n owever, recently the nurse’s role have being expanded into healthcare improvement and prevention of disease (prophylaxis), and also considering patient comprehensively. Nurse is demanded to have science and skill in all aspects of nursing care. Nurse as a proffesional employee, has some responsibility and authority to care and treat client independently, being able in consulting and collaborating with other health workers based on their authority, particularly related to the scope of nursing work. This research is aimed at analysis of The Implementation of the Nurse’s Authority to Consultate and Collaborate with The Doctor based on Law No. 38/2014 about Nursing which held in RSUD Dr. Soedirman Kebumen. This reseach is qualitative sociological juridical aproach, retrieval of data through observation, quisioner, the threty nurse and four informant. This research result is represented that The Implementation of the Nurse’s Authority to Consultate and Collaborate with The Doctor based on Law No. 38/2014 about Nursing section 30 of article 1 which held in RSUD Dr. Soedirman Kebumen, indicated to ‘ ineffective implementation’. This is evidenced that still many of nurses found did not do consultate and collaborate with the doctor or other health workers neither onto health service nor onto making the nursing care. Therefore, related to this infringement of law, the Nursing Concil may determine discipline of sanction to the nurse, based on Law no. 38 / 2014 section 49 and 50 about Nursing. The barrier and obstacle of the implementation of the nurse’s authority to consultate and collaborate with the doctor onto health service are: 1. The explanation of Law no. 38/2014 about what kind of expected consultation and collaboration between nurse and other health worker expecially with the doctor, is blurred. 2. Controlling and monitoring to the nurse’s ethos of work is low. 3. Level of nurse’s education is under qualify. 4. Low experience of Nurse. 5. Limited time related to rush hour of the doctor.  Keyword: nurse, healty, conseling

PELAKSANAAN WEWENANG PERAWAT UNTUK KONSULTASI DAN KOLABORASI DENGAN DOKTER DALAM PELAYANAN KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 38 TAHUN 2014 TENTANG KEPERAWATAN (Studi di RSUD Dr. Soedirman Kebumen)

T he nurse’s role was caring and giving comfort to the client, which the nurse doing their position as a specific nurse , n owever, recently the nurse’s role have being expanded into healthcare improvement and prevention of disease (prophylaxis), and also considering patient comprehensively. Nurse is demanded to have science and skill in all aspects of nursing care. Nurse as a proffesional employee, has some responsibility and authority to care and treat client independently, being able in consulting and collaborating with other health workers based on their authority, particularly related to the scope of nursing work. This research is aimed at analysis of The Implementation of the Nurse’s Authority to Consultate and Collaborate with The Doctor based on Law No. 38/2014 about Nursing which held in RSUD Dr. Soedirman Kebumen. This reseach is qualitative sociological juridical aproach, retrieval of data through observation, quisioner, the threty nurse and four informant. This research result is represented that The Implementation of the Nurse’s Authority to Consultate and Collaborate with The Doctor based on Law No. 38/2014 about Nursing section 30 of article 1 which held in RSUD Dr. Soedirman Kebumen, indicated to ‘ ineffective implementation’. This is evidenced that still many of nurses found did not do consultate and collaborate with the doctor or other health workers neither onto health service nor onto making the nursing care. Therefore, related to this infringement of law, the Nursing Concil may determine discipline of sanction to the nurse, based on Law no. 38 / 2014 section 49 and 50 about Nursing. The barrier and obstacle of the implementation of the nurse’s authority to consultate and collaborate with the doctor onto health service are: 1. The explanation of Law no. 38/2014 about what kind of expected consultation and collaboration between nurse and other health worker expecially with the doctor, is blurred. 2. Controlling and monitoring to the nurse’s ethos of work is low. 3. Level of nurse’s education is under qualify. 4. Low experience of Nurse. 5. Limited time related to rush hour of the doctor.  Keyword: nurse, healty, conseling

ETIKA PROFESI ADVOKAT SEBAGAI UPAYA PENGAWASAN DALAM MENJALANKAN FUNGSI ADVOKAT SEBAGAI PENEGAK HUKUM

Indonesia as a state of law based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 guarantees equality for all before the law (equality before the law). In realizing the principles of law in the society and state, the role and function of Advocate as a profession that is free, independent and responsible is important, in addition to the judiciary and law enforcement agencies such as the police and prosecution. The problems in this dissertation are: (1) What are the basic ratiologic advocate violation of professional ethics Advocate? and (2) How does the concept of behavioral guidelines advocate in practicing a profession as legal counsel in an effort to control the Advocate in law enforcement? The method used is normative research enables researchers to utilize the findings of empirical legal science and other sciences for the benefit and the analysis and explanation of law without changing the character of law as a normative science. The method used in this research is the approach of legislation or statute approach, arguing that research must necessarily normative approach legislation, because examined are various rules of law as well as its central theme a focus of research. The results of basic research advocate consideration as a respectable profession and became an important part of chess dynasty law enforcement, Advocate has responsibility in undertaking to participate in the realization of the rule of law. The responsibility is not merely a necessity but a legally mandated obligations arising from the demands of conscience. The obligations of an advocate is reflected in the ability of responsible advocate against God, professional code of ethics, rules of law and society. Ultimately lawyer also required to be able to account for his actions to the public as an implementation of a sense of responsibility to God, codes and regulations. The concept of behavioral guidelines advocate in practicing a profession as a lawyer as Advocate control efforts in law enforcement by law or code of ethics which is already adequate, but rather on how to implement them. Relating to the existence of a single container and how to manage the Honorary Council (DK) Organization. Monitoring system needs to be upgraded with the supervision of the Advocate smoothed by the Advocate Organization with the Honorary Council to enforce the Law on Advocates and the Code of Conduct.

Zipf's Law: A Microfoundation

Existing explanations of Zipf's law (Pareto exponent approximately equal to 1) in size distributions require strong assumptions on growth rates or the minimum size. I show that Zipf's law naturally arises in general equilibrium when individual units solve a homogeneous problem (e.g., homothetic preferences, constant-returns-to-scale technology), the units enter/exit the economy at a small constant rate, and at least one production factor is in limited supply. My model explains why Zipf's law is empirically observed in the size distributions of cities and firms, which consist of people, but not in other quantities such as wealth, income, or consumption, which all have Pareto exponents well above 1.