Form Of Law Research Articles

ANALISIS PUTUSAN PENGADIKAN AGAMA PEKANBARU NOMOR 2189/pdt.g./2022/PA.pbr. TENTANG HAK ASUH ANAK YANG BELUM MUMAYYIZ

This research was motivated by the decision of the Pekanbaru Religious Court judge regarding the custody of children who have not yet been mumayyiz by their father in Article 105 a jo Article 156 KHI which shows that there is a discrepancy with the compilation of Islamic law. Apart from that, the decision of the Pekanbaru Religious Court judge is also influenced by the legal sources used and considering the benefit of the child. Therefore, this research focuses on analyzing the PA decision Number 2189/Pdt.G/2022/PA.Pbr regarding custody of children who are not yet mumayyiz, the fundamental objective of this research is to analyze the PA decision Number 2189/Pdt.G /2022/PA.Pbr regarding custody of children who are not yet mumayyiz, where the method used in this research is qualitative in the form of normative juridical research, in this case namely the Compilation of Islamic Law, the data collection method is through literature study, while the data analysis technique is through study analysis, presenting it as a fact that can be drawn as a conclusion. From the results of the research conducted by the author, it can be concluded that religious court judges in deciding a case are not only based on the applicable formal law. In this case, a young child still does not know what is good for him, the child still needs the presence of other people to help handle his affairs and provide care for him, namely by bestowing goodness and preventing him from dangers, the panel of judges in deciding decision Number 2189/Pdt.G/2022/PA.Pbr is in the interests of the child himself, because the child has a closer emotional relationship with the father, and the father has the ability and ability to care for the child, so in this case the father He is indeed more entitled to receive custody.

Scaling laws for nonlinear dynamical models of articulatory control.

Dynamical theories of speech use computational models of articulatory control to generate quantitative predictions and advance understanding of speech dynamics. The addition of a nonlinear restoring force to task dynamic models is a significant improvement over linear models, but nonlinearity introduces challenges with parameterization and interpretability. We illustrate these problems through numerical simulations and introduce solutions in the form of scaling laws. We apply the scaling laws to a cubic model and show how they facilitate interpretable simulations of articulatory dynamics and can be theoretically interpreted as imposing physical and cognitive constraints on models of speech movement dynamics.

Legal and Traditional Construction in Wedding Ceremonies: A Sociological Legal Perspective

Ideally, the construction of formal law and customary traditions in marriage ceremonies should mutually support and accommodate the cultural values of the community. Formal law is expected to provide universal legal certainty, while customary traditions function as social regulators that reflect local identities and values. However, in reality, there is often a misalignment between these two legal systems, which can lead to conflicts and tensions, especially when customary law contradicts national legal provisions. This misalignment presents a significant challenge in creating harmony between formal law and customary traditions, particularly in the context of customary marriages. The purpose of this research is to examine the interaction between the construction of formal law and customary traditions in marriage ceremonies and to identify the challenges that arise from the fundamental differences between the two. The research concludes that despite the gap between formal law and customary traditions, efforts to bridge the two through cultural dialogue and the recognition of customary law can create an inclusive and just legal system. An integrative approach is needed that involves indigenous communities in the legislative process to ensure that the law applied is not only legally relevant but also socially and culturally appropriate.

Application of Substantive and Formal Legal Rules Related to Approval to Avoid Double Taxation as an Effort to Maximize Tax Revenue

Tax revenue is the main source of state revenue, but disputes often arise related to the application of Double Taxation Avoidance Agreements (DTAs). These disputes generally revolve around the fulfillment of administrative requirements, especially the inclusion of a Domicile Certificate (SKD). This research aims to analyze the application of material and formal legal principles in two Tax Court decisions, namely PUT-001293.35/2020/PP/MXVIIIA Year 2022 and PUT-004868.13/2021/PP/MXIIIB Year 2022, as well as the implications for legal certainty and taxpayer protection. The research uses normative juridical method with statutory, case, and conceptual approaches. Data is obtained from literature studies in the form of laws and regulations and legal doctrines. The results show that decisions that prioritize material legal principles provide substantive justice but have the potential to weaken the application of tax regulations. Conversely, decisions that prioritize formal legal principles provide legal certainty by emphasizing the importance of fulfilling administrative requirements. The conclusion of this research emphasizes the need for a balance between substantive justice and legal certainty in the application of P3B. Implementing regulations, such as PER-25/PJ/2018, are important instruments to ensure P3B is used appropriately and prevent misuse, thus supporting the optimization of tax revenue

Legal Uncertainty in Criminal Justice: A Study of the Practice of Changing Charges in Replicas Based on the Criminal Procedure Code

Dynamic legal demands often lead to changes in the criminal justice process, including changes in demands in replies. As the legal basis for criminal procedure in Indonesia, the Criminal Procedure Code gives the public prosecutor (JPU) the authority to change the indictment before the trial begins. Still, it does not explicitly regulate changes in demands in replies. This study aims to analyze demand changes in replies using a qualitative approach and literature study. The data used are in the form of laws and regulations, such as the Criminal Procedure Code, the Prosecutor's Office Law, and court decisions, as well as related legal literature. The study results indicate that changes in demands in replies are a practice that occurs in the dynamics of trials, although they do not have a strong legal basis. This has implications for legal certainty and the principle of legality in criminal procedure law. Changing demands require special attention from stakeholders to formulate more explicit rules to ensure justice and legal certainty for all parties involved in the criminal justice process.

Pengaruh Sidang Perceraian Di Luar Hukum Terhadap Pelaksanaan Mata Pencaharian Anak Di Desa Lubuk Besar

The issue of divorce is quite a complicated problem and a very dilemma in life society today. Even though we all know that Law Number 1 of 1974 has been promulgated and It was implemented 39 years ago, because of practice Divorces carried out by husbands not in front of a religious court still continue until adulthood This, as there are in several divorce cases that occurred in the village of Lubuk Besar Kabupaten Bangka Tengah. The purpose of writing this thesis is to explain whether divorce carried out outside of court is legal syar'iyah and the legal consequences it causes according to Law Number 1 of 1974 and the Compilation Indonesian Islamic Law. This research method uses qualitative methods. data sources viz secondary data which includes secondary legal materials. To strengthen the discussion of secondary data, researchers used legal sources in the form of laws, books and cases. Carried out using interview, observation and documentation methods for selected informants. Divorce outside the jurisdiction of religious courts is common. They don't even think about what will happen in the future if something bad happens to them. When a man leaves his wife for several years, society considers the marriage to be over.

PERAN PEMERINTAH DALAM PERLINDUNGAN KONSUMEN TERHADAP PERNIAGAAN PAKAIAN BEKAS IMPOR PASCA BERLAKUNYA PERATURAN MENTERI PERDAGANGAN NOMOR 40 TAHUN 2022

This research aims to find out the legal protection of consumers on the trade in imported used clothing and the government's efforts in providing guidance and supervision of the trade in imported used clothing by business actors after the enactment of Regulation of the Minister of Trade Number 40 of 2022 concerning Amendments to Regulation of the Minister of Trade Number 18 of 2021 concerning Goods Prohibited from Export and Goods Prohibited from Import. The research method used in this research is normative juridical with secondary data in the form of laws and regulations, books, legal scientific works related to research. The results showed that after the enactment of Regulation of the Minister of Trade Number 40 of 2022, the government was increasingly assertive in taking action against smugglers of imported used clothing and business actors who traded in imported used clothing by closing shopping centres for imported used clothing which aimed to provide protection to consumers while still paying attention to the rights of business actors. The government has carried out its obligation to provide guidance and supervision of consumer protection as mandated in the consumer protection law.

Holographic thermodynamic relation for dissipative and non-dissipative universes in a flat FLRW cosmology

Horizon thermodynamics and cosmological equations in standard cosmology provide a holographic-like connection between thermodynamic quantities on a cosmological horizon and in the bulk. It is expected that this connection can be modified as a holographic-like thermodynamic relation for dissipative and non-dissipative universes whose Hubble volume V varies with time t. To clarify such a modified thermodynamic relation, the present study applies a general formulation for cosmological equations in a flat Friedmann–Lemaître–Robertson–Walker (FLRW) universe to the first law of thermodynamics, using the Bekenstein–Hawking entropy SBH and a dynamical Kodama–Hayward temperature TKH. For the general formulation, both an effective pressure pe of cosmological fluids for dissipative universes (e.g., bulk viscous cosmology) and an extra driving term fΛ(t) for non-dissipative universes (e.g., time-varying Λ(t) cosmology) are phenomenologically assumed. A modified thermodynamic relation is derived by applying the general formulation to the first law, which includes both pe and an additional time-derivative term f˙Λ(t), related to a non-zero term of the general continuity equation. When fΛ(t) is constant, the modified thermodynamic relation is equivalent to the formulation of the first law in standard cosmology. One side of this modified relation describes thermodynamic quantities in the bulk and can be divided into two time-derivative terms, namely ρ˙ and V˙ terms, where ρ is the mass density of cosmological fluids. Using the Gibbons–Hawking temperature TGH, the other side of this relation, TKHS˙BH, can be formulated as the sum of TGHS˙BH and [(TKH/TGH)-1]TGHS˙BH, which are equivalent to the ρ˙ and V˙ terms, respectively, with the magnitude of the V˙ term being proportional to the square of the ρ˙ term. In addition, the modified thermodynamic relation for constant fΛ(t) is examined by applying the equipartition law of energy on the horizon. This modified thermodynamic relation reduces to a kind of extended holographic-like connection when a constant TKH universe (whose Hubble volume varies with time) is considered. The evolution of thermodynamic quantities is also discussed, using a constant TKH model, extending a previous analysis (Komatsu in Phys Rev D 108:083515, 2023).

Analysis of heat transfer in magnetized Williamson fluid over a porous curved oscillating surface: Entropy generation

This paper provides an innovative idea to perform the analysis of entropy generation in the time-dependent flow of Williamson liquid toward an oscillating curvy porous surface. The characteristics of the transport phenomenon are improved by taking thermal and mass relaxation parameters in the energy and concentration equations respectively by utilizing a modulated form of Fourier and Fick laws known as Cattaneo–Christov heat and mass flux models. The mathematical form of the entire flow model is simplified by incorporating a curvilinear coordinate system. The obtained set of partial differential equations is then solved by the homotopy analysis method (HAM) which transforms them into convergent series form. The effects of various pertinent flow parameters on dimensionless pressure, entropy generation, velocity, and temperature fields are shown graphically. Furthermore, the variations in Sherwood number, skin friction coefficient, and local Nusselt number are presented in tabular form. It is observed from this study that the temperature and entropy generation increase with the radius of curvature parameter.

Defining the list of sources of law within a normative framework as a strategy for strengthening certain aspects of Russia’s legal system

This article outlines the practices of Russia and the Republic of Kazakhstan concerning the development of a normative framework that defines the system of sources of law. In Russia, the effort to create a clear and explicit list of sources (forms) of law has been a longstanding and widely discussed issue, which is, however, a paradox, as law enforcers should know the “format” or framework in which legal norms are articulated and have no doubt about it. The results of the study demonstrate that establishing a robust normative framework for defining the system of sources of law would offer clear guidance when determining legal norms applicable in specific cases and would streamline the decision-making process in situations of legal conflicts. Additionally, it could be advantageous to draw on the experience of the Republic of Kazakhstan in normatively defining a complete list of sources of national laws, provided that its approach is thoughtfully interpreted and creatively adjusted.

Disharmonisasi Pengaturan Pengelolaan Wilayah Izin Usaha Pertambangan Khusus bagi Organisasi Masyarakat Keagamaan di Indonesia

Exploration of mining wealth is an effort to accelerate the economy. Polemics arise when PP 25/2024 and Perpres 76/2024 are juxtaposed with positive law in the form of laws that have a higher hierarchical position. The three religious community organizations that have received WIUPK concession offers are Nahdlatul Ulama, Muhammadiyah, and Persatuan Islam. Mining concessions are often wrapped in political nuances, even allegedly ridden by the interests of certain groups. Leading to a number of controversies that arise, it is interesting to discuss the regulation of special mining business permit areas for religious community organizations in Indonesia and related to efforts to harmonize laws and regulations regarding the management of special mining business permit areas for religious community organizations as a concrete step to realize people's welfare. This research is qualitative and juridical-normative type. The research approach used is conceptual and legislation. The enactment of PP 25/2024 is a responsive effort accommodated by the government regarding the WIUPK arrangement. The issuance of Perpres 76/2024 states that WIUPK is a former PKP2B area that is given priority to religious mass organizations in order to promote community welfare. However, there are a number of risks that the involvement of religious community organizations could potentially result in conflicts of interest and have a negative impact on social and environmental balance. Despite normative controversy, this policy distributes benefits and provides access to natural resources previously controlled by large entities. Concrete steps that can be taken are harmonizing applicable regulations, such as revising the Minerba Law and the Ormas Law, or drafting inclusive and specific implementing regulations. Thus, religious community organizations can understand the technical, economic, and socio-environmental aspects of mining management, and are able to be responsible for realizing people's welfare.

Comment on: ‘Modulation instability and extraction of fractional optical solitons in the presence of generalized Kudryashov’s law and dual form of non-local nonlinearity’

Abstract The present comment points out all the shortcomings that occurred during the modulational instability analysis in the recent work published by Chahlaoui et al [Phys. Scr. 99 075226] and then methodically presents the investigation of the modulational instability of the steady-state solution of their model equation in the special case of time derivatives in the ordinary sense.

Strategi Mauruts Tirkah Berdasarkan Hukum Adat di Provinsi Jambi

This research discusses the strategy of distributing inheritance (tirkah) based on customary law in Jambi Province, which combines Malay traditional values with the principles of Islamic law. In Jambi Malay society, the division of inheritance is based on the philosophy of “Adat Bersendi Syara‘, Syara’ Bersendi Kitabullah”, which is the main guide to maintaining justice and social harmony. The process of division is usually carried out through deliberation involving family members, traditional leaders and ulama to reach consensus, while ensuring that individual rights are respected in accordance with customary law and Islamic teachings. This research identifies two main approaches to inheritance distribution: the collective system and the individual system. The collective system is applied to certain types of assets such as land and houses that are inherited jointly, while the individual system is applied to movable assets such as jewellery and vehicles. In this process, the Jambi Malay Customary Institution plays a key role as an arbiter to resolve inheritance conflicts while preserving traditional values. The results show that the division of inheritance in Jambi faces challenges, such as the influence of modernization and potential conflicts with formal law. Therefore, several strategies are proposed, including strengthening the role of customary institutions, organizing customary education, involving religious leaders, as well as facilitating deliberation to ensure this tradition remains sustainable.

From Emigration to (Non-)Immigration to Postmigration?

The essay traces the legal, representative, and societal status of migrant Others in the “closed society” of the GDR (German Democratic Republic or East Germany) as an example of how Germany has been profiting from labor migration on both sides of the Wall. It outlines how, from German reunification to the present day, migration has been presented as a sudden and temporary problem that obscures a colonial and racist past and necropolitical present. The essay examines the process of social de-differentiation in the “state-domineered society” of the GDR and how social techniques of othering and ethnicization in the form of laws for foreigners fostered discrimination and racism against the “stranger” (Georg Simmel), especially the guest worker. Looking at the process of a “double transformation” in the wake of the fall of the Berlin Wall and the subsequent reunification, the essay examines how overlapping processes of othering as the modern equivalent of the term “Orientalism” (Edward Said) have shaped and continue to shape reunified Germany. The process of “catching up with modernization” affects not only former migrants, second-generation descendants, refugees, and racialized citizens, but also the social group of East Germans who stood outside a Western-coded paradigm of normalcy. It asks to what extent the Federal Republic of Germany aimed at the integration of majority white East Germans during the reunification process to the detriment of migrant Others and how reunified Germany still fosters integration for the benefit of national economic interests and at the cost of migrant Others in Germany today. The essay reflects on the complicated transition from the notion of an ethnically homogeneous German nation, postulated since 1871 and long prevalent in terms of the principle of descent, to the contested self-image of reunified Germany as a country of immigration and its transformation into a post-migration society.

Legal Analysis, Default in Land Sale and Purchase (Case Study of Decision Number 119/Pdt.G/2024/PN Palangkaraya and Its Implications for Consumer Protection)

This study aims to analyze the application of civil law related to default in land sale and purchase through a case study of Decision No. 119/Pdt.G/2024/PN Palangkaraya. This study uses a normative legal method with a case study approach, where the primary data used are court decisions and secondary data in the form of laws and regulations and related legal literature. The main findings of this study indicate that the defendant has committed default by not fulfilling his obligations in changing the name of the Land Ownership Certificate, which resulted in losses for the plaintiff. The court decided to grant the plaintiff the right to take care of the name change independently, thus providing effective legal protection for consumers. The contribution of this study lies in an in-depth analysis of the implications of the decision on consumer protection in land sale and purchase transactions. This study enriches the discourse on consumer protection by highlighting the importance of strong law enforcement and simpler administrative procedures to prevent similar disputes in the future. In addition, this study provides a new perspective on the court's role in strengthening consumer legal protection in land disputes.

On the formulation of evolutive laws and complementarity conditions for non-smooth elastoplastic materials

On the formulation of evolutive laws and complementarity conditions for non-smooth elastoplastic materials

Examining legal tools in encouraging the achievement of net zero emission: A way forward for Indonesia

Abstract Legal instruments in the context of climate change function to encourage all actors to reduce greenhouse gas emissions through advanced efforts, one of which is the use of technology and other Low Carbon policies. The Indonesian Government’s current advanced efforts through policies include building the largest solar power plant in Southeast Asia, tax exemptions on electric vehicles, and the implementation of carbon trading as a form of organising the economic value of carbon integrated in the forestry and energy sectors to achieve net zero emissions. Some other challenges occur such as the policy gap in Indonesia and innovation and knowledge in the development of technology transfer results. Based on the results of the policy instrument analysis, this research encourages a progressive legal future for sustainable development goals in Indonesia in the form of a special climate change law and a special agency that includes the achievement of targets to reduce greenhouse gas emissions.

Embedding human knowledge in material screening pipeline as filters to identify novel synthesizable inorganic materials.

How might one embed a chemist's knowledge into an automated materials-discovery pipeline? In generative design for inorganic crystalline materials, generating candidate compounds is no longer a bottleneck - there are now synthetic datasets of millions of compounds. However, weeding out unsynthesizable or difficult to synthesize compounds remains an outstanding challenge. Post-generation "filters" have been proposed as a means of embedding human domain knowledge, either in the form of scientific laws or rules of thumb. Examples include charge neutrality, electronegativity balance, and energy above hull. Some filters are "hard" and some are "soft" - for example, it is difficult to envision creating a stable compound while violating the rule of charge neutrality; however, several compounds break the Hume-Rothery rules. It is therefore natural to wonder: can one compile a comprehensive list of "filters" that embed domain knowledge, adopt a principled approach to classifying them as either non-conditional or conditional "filters," and envision a software environment to implement combinations of these in a systematic manner? In this commentary we explore such questions, "filters" for screening of novel inorganic compounds for synthesizability.

Juridical Analysis of the Concept of State Responsibility towards Natural Disaster Victims Based on Indonesian Law Number 24 of 2007 on Disaster Management

This research aims to analyze the concept of state responsibility towards natural disaster victims. Case study on the impact of the earthquake in West Sulawesi in 2021. The approach used is a philosophical approach. The research method used is a mixed qualitative and quantitative approach. The primary data used consists of interview data conducted with the Head of the BPBD of West Sulawesi Province, the Head of the Social Service of West Sulawesi Province, the Head of Law and Human Rights of West Sulawesi, and the community victims of Natural Disasters in West Sulawesi Province. The secondary data used includes (1) Primary legal materials, which are all related regulations such as the 1945 Constitution and Law No. 39 of 1999 on Human Rights. (2) Secondary legal materials, which provide explanations of primary legal materials in the form of laws written in journals by legal scholars, and theories or opinions of experts such as the theories used, namely the theory of state responsibility, the theory of legal protection, and the theory of human rights. (3) Tertiary legal materials, which provide guidance in the form of dictionaries, encyclopedias, and books that explain primary and secondary legal materials. The research results show that the sustainability of victim handling and the effectiveness of social assistance guarantee implementation are influential factors on the state's responsibility towards natural disaster victims. The importance of human rights-based policies, coordination between the central, provincial, and regional governments, and the fulfillment of basic needs to ensure the state's responsibility towards victims are met.

The Effectiveness of Sharia Economic Dispute Resolution in the Commercial Court related to Sharia Bankruptcy after the Constitutional Court Decision No. 93/PUU-X/2012 concerning Legal Certainty in the Settlement of Sharia Banking Cases

This research aims to identify the sources of material and formal law applied in the settlement of sharia economic disputes, evaluate the effectiveness of its implementation, and analyse the obstacles faced by religious courts at various levels. The data used includes cases in several religious courts and commercial courts in Indonesia in the period 2014-2020. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through document studies, interviews with religious court judges, and a review of relevant laws and regulations. Analyses were conducted to evaluate the application of material and formal law in dispute resolution, as well as to identify obstacles faced by religious courts in practice. The results of the study show that the material legal sources used in resolving sharia economic disputes include the Qur'an, Hadith, DSN-MUI fatwas, laws and regulations, and jurisprudence. Formal legal sources still depend on HIR/RBg as well as special regulations such as PERMA No. 14 of 2016. The religious court institutionally has shown readiness by increasing human resources, applying technology through e-courts, as well as efforts to provide technical guidance and certification of sharia economic judges. Religious courts have great potential to become the main institution in resolving sharia economic disputes. Improving regulations, codifying procedural law, and establishing sharia commercial courts in the future are needed to ensure legal certainty and efficiency of the dispute resolution process.