Form Of Law Research Articles

The role of trust as an informal social mechanism for contract enforcement among young women microenterprises in financial markets in sub-Saharan Africa

PurposeThe main purpose of this paper is to establish whether trust plays a significant mediating role in the relationship between access to microcredit and survival of young women microenterprises in under-developed financial markets in sub-Saharan Africa. The main focus of this paper is to specifically test whether relational social capital built by young women from homogeneous and heterogeneous groups can be more effective in promoting economic exchange in under-developed financial markets since interpersonal trust has recently been found to harbor group collusion, especially among kins. Overall, the paper distinguishes trust among individuals based on their age, gender and ethnic diversity.Design/methodology/approachThis study used structural equation model to test whether trust significantly mediates the relationship between access to microcredit and survival of young women microenterprises using Analysis of Moments Structures (AMOS) based on recommendations by Hair et al. (2022) and Baron and Kenny (1986).FindingsThe findings from this study revealed that trust significantly and positively mediate the relationship between access to microcredit and survival of young women microenterprises in under-developed financial markets in sub-Saharan Africa. Trust developed from relational social capital among young women from homogeneous and heterogeneous groups create a stronger basis for economic exchange in under-developed financial markets.Research limitations/implicationsWhile this study generates a positive evidence on the impact of access to microcredit on survival of young women microenterprises, the results cannot be over emphasized and generalized because the data were collected from only a single developing country. Future research may extend the current study to include other developing countries to make a more justified comprehensive analysis.Practical implicationsThe findings from this study highlights the importance of using a blend of social policy guided by norms combined with formal regulations as an informal contract enforcement mechanism to achieve efficient economic exchange in under-developed financial markets. Relational social capital formed on the basis of informal norms among groups from diverse population can supplement formal laws to enforce contractual obligations in microcredit access, especially among youthful microentrepreneurs, who seems to have stronger relational behaviors than adults. Financial institutions such as banks should use informal contract enforcement system to increase the scope of financial inclusion of young microentrepreneurs, especially in unbanked rural communities in sub-Saharan Africa, Uganda inclusive where formal laws are weak and sometimes not functional. The findings also show that younger people have a stronger relationship behavior than adults. Therefore, policy should create structures that can promote social activities among youth. Governments in sub-Saharan Africa, Uganda inclusive through their respective Ministry of Gender, Labour and Youth Affairs should create youth clubs that can increase interaction and relational social capital among the younger population to derive economic empowerment. sub-Saharan African governments, Uganda inclusive should rely more on social policy based on relational social capital as a missing link to promote and achieve economic development.Originality/valueThis paper provides an evidence on the unique role of age, gender and ethnicity in information sharing and exchange based on social policy in the financial market to limit group collusion. The authors indicate that diversity in relational social capital among young women microentrepreneurs prohibit strategic defaults, which promotes access to microcredit for survival of women micro small and medium enterprises (MSMEs) through socialization. High level of interaction among younger women microentrepreneurs from homogeneous and heterogeneous groups allow them to close the information gap to timely meet borrowing contractual obligations to derive economic benefits. The paper shows that younger women have more trust than older women while searching for economic value through socialization. In fact, social policy can wholly supplement formal policy to promote growth and survival of young women microenterprises, especially in sub-Saharan Africa, Uganda inclusive.

The Philosophical and cultural heritage of E.V. Ilyenkov in the context of the "Theoretical testament" of I.V. Stalin

The subject of the study is the creative, socio-cultural potential of labor, capable of going far beyond the limitations of a market economy, reducing labor to the production of material wealth (goods) and profit. The philosophical and cultural methodology is considered, which makes it possible to include socio-cultural, pedagogical, journalistic professional activities, as well as nepotism and large families in productive work. A prominent representative of this approach is the Russian philosopher E.V. Ilyenkov, who, exploring the methodology of K. Marx's Capital, deduced and successfully applied the principles of dialectical logic to solve the most complex socio-cultural and pedagogical problems, including the full-fledged development of deafblind children. The philosophical and cultural heritage of E.V. Ilyenkov was created not in a vacuum, but in the context of a corresponding trend in Russian philosophy (studies by D.I. Rosenberg, M.M. Rosenthal, A.A. Zinoviev, etc.), correlating with the formulation of the basic economic law of socialism in the work of I.V. Stalin "Economic Problems of Socialism in the USSR". The methodological basis of the research is the principles of dialectical logic developed by E.V. Ilyenkov: analysis of the development and results of the confrontation between market and non-market (post-capitalist) trends in socio-cultural processes and their philosophical understanding. The materials are the works of E.V. Ilyenkov, as well as the works of modern researchers, who sometimes evaluate his works from opposite positions. The scientific novelty of the article lies in the polemic with the interpretations of the theoretical legacy of E.V. Ilyenkov as "philosophical dissidence" in the USSR. On the contrary, the connections of the methodology developed and applied by E.V. Ilyenkov with the formulation of the basic law of socialism by I.V. Stalin and the then "social order" for the study of dialectical logic based on the analysis of K. Marx's "Capital" are established. The developments of E.V. Ilyenkov turned out to be unclaimed for a while; the identified reason is the market neocolonial transformation of the USSR. Socio-cultural development was increasingly hindered through the mass formation of harmonious, comprehensively developed, creative personalities and an increase in the wealth of friendly social relations. Recommendations are formulated on the possible use of the philosophical heritage of E.V. Ilyenkov in modern conditions for methodological support of strengthening the state socio-cultural policy, including in the field of improving support for nepotism and large families, solving the demographic problem.

Including Children's Views in Divorce Mediation: A Comparative Analysis and Recommendations or Kenya

It is important that the views of children be considered during the process of their parents' divorce. Parental divorce mediation informed by the needs of children is more likely to produce better outcomes. The ways in which divorce mediators in South Africa, Australia and Kenya consider views of the children of marriages in the process of dissolution are compared. The extent to which these three countries have domesticated and implemented relevant international law and policies is compared. Recommendations are provided for Kenya, where empirical research was undertaken to establish the practices and attitudes of Kenyan divorce mediators. The outcome of this empirical research indicates that – prior to mediating between their parents – most of Kenya's divorce mediators fail to elicit the views and wishes of the children who will be affected by the divorce. Proposals are put forward on how this may be rectified. In formulating these proposals, practices in South Africa and Australia are examined for the purposes of comparative analysis. The recommendations for Kenya include the formulation of appropriate laws and policies; the establishment of cost-effective mechanisms for hearing the voices of children prior to their parents' divorce mediation; and the education of the general public on the importance of considering the views and wishes of children when their parents are divorcing.

Estimates of constants in the limit theorems for chaotic dynamical systems

In a vast area of probabilistic limit theorems for dynamical systems with chaotic behaviors always only functional form (exponential, power, etc.) of the asymptotic laws and of convergence rates were studied. However, for basically all applications, e.g., for computer simulations, development of algorithms to study chaotic dynamical systems numerically, as well as for design and analysis of real (e.g., in physics) experiments, the exact values (or at least estimates) of constants (parameters) of the functions, which appear in the asymptotic laws and rates of convergence, are of primary interest. In this paper, we provide such estimates of constants (parameters) in the central limit theorem, large deviations principle, law of large numbers and the rate of correlations decay for strongly chaotic dynamical systems.

Problematics of Inter-Regional Cooperation in Indonesia

This article aims to identify the problems of implementing inter-regional cooperation from the widest possible autonomy perspective. This becomes important because cooperation between regions seems to run well shortly after policies in the form of laws and government regulations are enacted. However, in regional cooperation, many problems lurk and can lead to the failure of cooperation between regions. This research is legal research using a statute approach, a conceptual approach, and a historical approach. This research method and approach are appropriate to explain the problematic phenomenon of cooperation between regions in Indonesia based on Law No. 23 of 2014 concerning Regional Government. Based on the results of preliminary research, several problems arise in the implementation of regional cooperation, especially cooperation between regions, including the following: First, cooperation between regions whose object is related to income sharing often experiences difficulties in its implementation, especially in determining the amount of income/profits for each region; Second, the emergence of regional egoism, especially in the cooperation between the Parent Region and the regions resulting from the expansion; Third, the lack of data and information about the object of cooperation that has the potential to be better if implemented through cooperation between regions that are geographically close together; Fourth, the lack of initiation to carry out cooperation between regions due to the mindset of each region to deal with internal affairs only; and Fifth, no institution/agency specifically handles inter-regional cooperation.

MECHANISMS AND LEGAL RESPONSIBILITIES OF NURSES IN CARRYING OUT EMERGENCY MEASURES IN THE INTENSIVE CARE UNIT

In carrying out their duties and authority in treating patients in the Intensive Care Unit (ICU), a nurse is required to obtain a mandate from a doctor, which is a legal relationship that arises as a result of delegation of authority. This certainly has a clear mechanism because it will have legal consequences if errors or omissions occur in the delegation of authority. In fact, there are still cases that have fatal consequences for patients and those who are asked to be held accountable are nurses whose capacity is only as recipients of mandates. The method in this research is empirical juridical and normative juridical, based on field data and statutory regulations and related documents. The results of this research show that doctors who are unable to carry out medical procedures due to certain factors may ask the nurse for help to carry out medical procedures, provided that the doctor is obliged to provide a clear delegation of authority to the nurse in writing to carry out the medical procedure. Delegation of authority to carry out medical procedures from doctors to nurses as intended in Article 27 letter a Minister of Health Regulation Number 26 of 2019 concerning Explanation of Law No. 38 of 2014 concerning Nursing can take the form of delegation of delegated authority or mandate. Delegation of authority to carry out medical procedures must be done in writing to professional nurses or trained vocational nurses. Emergency actions carried out by nurses aim to save the patients life and prevent further disability. The delegation of authority is mandatorily given by doctors to nurses to carry out medical procedures under the supervision of the medical personnel who delegate authority. The form of accountability can be in the form of civil law, criminal law and administrative law, so that all three can provide their own sanctions for violations that occur due to losses, negligence or administrative errors.

Probing the cosmology of f(Q,T) gravity with holographic background fluid

In this work, we have investigated the cosmology of holographic origin within modified [Formula: see text] gravity framework by employing different forms of the scale factor viz. power law, intermediate, emergent, and logamediate forms. The reconstruction of [Formula: see text] gravity is done by assuming the generalized Holographic Dark Energy as the background fluid where the IR cut-off is considered [Formula: see text]. We consider two cosmological models corresponding to the intermediate and emergent scale factors. By choosing a linear combination of Q and T in each case, we analyze the equation of state (EoS) parameter. Considering the intermediate and logamediate scale factors, the reconstruction of [Formula: see text] gravity is achieved using the holographic fluid as background fluid without any functional form assumption for f. In some cases, it is observed that the EoS parameter could cross phantom boundary in later stages and thus indicate the possibility of avoidance of big rip.

FAILURE OF CRIMINAL LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

Effectiveness Returning state financial losses due to criminal acts of corruption is still far from expectations. In 2022, the number of decisions observed by ICW will increase fundamentally, namely 2,056 decisions with 2,249 defendants. In 2022, the average perpetrator of corruption will be imprisoned for 3 years and 4 months, which will cost the state Rp. 48,786,368,945,194.70 (Rp. 48,786 trillion). This article aims to describe the form of failure of Indonesian criminal law in efforts to return state assets and analyse the causes and consequences resulting from the failure of criminal law in efforts to return state assets. This research is based on qualitative research by conducting legislative studies and literature studies. The research results show that the form of failure to recover state financial losses is characterized by the increasing value of unrecovered state losses from year to year. This is a result of the legal vacuum that can be applied in efforts to recover state financial losses because the applicable legal formulation is no longer relevant or cannot reach the scope for confiscation of corruptors' assets so that judges have limitations in making sentences regarding the return of state losses. This has the impact of hampering equitable economic development and hindering foreign investors because the rulers and conglomerates use land to benefit certain groups. This research concludes that the formulation of criminal law cannot accommodate legal needs regarding the recovery of state financial losses due to corruption, so it is recommended to immediately pass the Asset Confiscation Bill.

Political Dynamics of the Era of Ali Bin Abi Thalib (Contribution of the Political System in Islamic Civilization)

<em>The study of political studies during the time of Caliph Ali bin Abi Thalib is very important to study in more depth. Because this study greatly contributes to political problems in Indonesia such as corruption and social injustice which are often debated. The aim of this article is to understand 3 things: First, the political paradigm of Ali bin Abi Talib's time. Second, internal and external factors that influenced the politics of Ali bin Abi Talib's time. Third, the positive and negative implications of politics for Muslims at that time. The method used is qualitative research with a literature review approach. The results found were 3 things: First, the political paradigm of Ali bin Abi Talib's time had 3 forms: (1) war politics (2) peace (3) justice. Second, internally there were 3 factors that influenced it: (1) differences of opinion (2) Caliph Ali's policies (3) Caliph Ali's characteristics. Externally, there are 5 factors that influence it: (1) the death of Muslims (2) support from the Kuffah community (3) the Governor's negligence (4) community problems (5) selfishness. Third, there are 3 positive implications for Muslims: (1) making it easier for Caliph Ali (2) the emergence of different forms of Islamic law (3) an orderly government system. Meanwhile, the negative implications for Muslims are 3 things: (1) changes in the Islamic government system (2) the emergence of new groups (3) division of Muslims. The conclusion of this article shows that it provides new views and insights into the study of Islamic Civilization during the era of Caliph Ali bin Abi Talib in the current political sector.</em>

2D Silver-Nanoplatelets Metasurface for Bright Directional Photoluminescence, Designed with the Local Kirchhoff's Law.

Semiconductor colloidal nanocrystals are excellent light emitters in terms of efficiency and spectral control. They can be integrated with a metasurface to make ultrathin photoluminescent devices with a reduced amount of active material and perform complex functionalities such as beam shaping or polarization control. To design such a metasurface, a quantitative model of the emitted power is needed. Here, we report the design, fabrication, and characterization of a ∼300 nm thick light-emitting device combining a plasmonic metasurface with an ensemble of nanoplatelets. The source has been designed with a methodology based on a local form of Kirchhoff's law. The source displays record high directionality and absorptivity.

The Provision Of Employment Opportunities For Workers With Disabilities According To Law Number 8 Of 2016 On Persons With Disabilities Jo. Law Number 13 Of 2003 On Labor In Pt. Sinar Desa Rawa, Cingambul District, Majalengka Regency

People with disabilities have different conditions, some have physical disabilities, mental disabilities, and a combination of physical and mental disabilities. The condition of people with disabilities affects their ability to participate in society, so they need support and assistance from others. People with disabilities also face greater difficulties than non-disabled people, such as barriers in accessing public services, education, health, and employment. To provide employment opportunities for people with disabilities, the government, state-owned and private companies, and civil society must ensure the elimination of various legal and social barriers in employing people with disabilities. This study aims to find out how the Implementation of the Right to Get a Job for Workers with Special Needs at PT. Sinar based on Law number 8 of 2016 concerning Persons with Disabilities which is related to Law number 13 of 2003 concerning Labor and to find out the efforts of the company in providing facilities for Persons with Disabilities.The method used in this study uses a normative juridical approach, which is research conducted by examining and comparing literature sources in the form of Labor Law and various kinds of literature and research specifications, namely descriptive analytical, which is an analysis of the applicable legal provisions and analyzed using relevant legal policy theories.Based on the research results, it is known that PT. Sinar in Majalengka Regency has not implemented what is mandated in Law Number 8 of 2016 concerning Persons with Disabilities. The right to get a job for people with disabilities has not been fulfilled and is not in accordance with what is mandated in Law Number 13 of 2003 concerning Labor. There is still discrimination against people with disabilities in the company. The company’s efforts in providing facilities for workers with disabilities have not been fulfilled, and are not in accordance with the law number 8 of 2016 concerning persons with disabilities regarding the company’s efforts in providing assistive devices to support work and accessibility for people with disabilities.

NECROPHILIA IN PERSPECTIVES OF INDONESIAN POSITIVE LAW AND ISLAMIC LAW

Abstract
 Necrophilia is one of the sexual crimes committed against corpses. In Indonesia, no law regulates the prohibition of Necrophilia. Meanwhile, Islam has specific and detailed laws governing Necrophilia, and most Indonesian people are Muslim so that it can be used as an illustration in the formation of positive law in Indonesia. Strengthen the judge's view of necrophilia perpetrators by implementing rechtvinding through various methods. From this background, in this study, there are two problem formulations. First, how is the necrophilia law in positive Indonesian law? Second, how is the law of Necrophilia in Indonesia from the perspective of Islamic law? This research aims to enforce the law, to reduce necrophilia crimes, and to create the deterrent effect.
 The research method used is normative juridical. The author uses literature research, statutory approaches, and comparisons between Islamic and positive Indonesian law. Followed by the documentation of study data collection techniques and qualitative data analysis techniques, followed by a deductive mindset. So that a theoretical basis can be formed, that, Necrophilia is reviewed in positive Indonesian law and Islamic law, and analysis of Necrophilia in positive Indonesian law and Islamic law.
 This study concluded that regarding positive Indonesian law, there are no rules that specifically regulate Necrophilia, as for some regulations that can be imposed in the form of criminal law in accordance with previous crimes such as murder, immorality, and others that can be imposed by judges. As for according to Islamic law, it can be imposed ta'zir or had.

The Nature of Gaps in Russian Legal Acts on Labor and Labor Law

The nature of gaps in Russian legal acts on labor and labor law is analyzed, the analysis of scientific points of view on the nature of gaps in labor law is carried out. The article criticizes scientific approaches based on legal positivism, as well as on the scientific and debatable concept of integrative legal understanding, in which the nature of gaps in labor law is traditionally revealed using the terms “labor legislation”, “labor law norms”, as well as social regulators of actual social relations and moral categories. The author’s conclusions and proposals are formulated from the position of the scientifically grounded concept of integrative legal understanding. In particular, it is concluded that the real gaps exist not in labor law, but in national legal acts in the field of labor. There is usually no gap in labor law if there are principles and norms of labor law applicable to the disputed legal situation contained in the unified system of forms of labor law implemented in the Russian Federation. The author’s proposals for changing certain norms of the Labor Code of the Russian Federation are formulated.

Novel company law forms for social change: The development of tailor-made legislation for social enterprises in the Netherlands

The impact case enhances the understanding of socio-legal research that contemplates the development of novel legal company forms which serve the well-being of humans and nature equally. Introducing novel company law forms for social change regards research in the field of social entrepreneurship and law, such as the development of tailor-made legislation for social enterprises in the Netherlands. Current legal forms for companies in the Netherlands do not support types of social entrepreneurial activity. Our research influenced directly the regulatory-making process of the novel forthcoming company law entity named the Besloten Vennootschap maatschappelijk (BVm), i.e., the private limited company with societal purpose which is about to be introduced in the Dutch company legislation. Particularly, our research team: (i) formulated key indicators for the BVm, which were accepted by the government in 2020 and will form the basis for new legislation which is currently being drafted; (ii) generated multiple academic studies, publications, seminars and conferences, as well as a PhD dissertation about the topic; (iii) supported many social enterprises in finding suitable legal forms (through educational programs, network sessions and collaboration with company and tax law experts).

The Role of International Arbitration Institutions in Resolving Business Disputes Between Countries

Arbitration is an option that businesses frequently use to resolve conflicts. Arbitration, as an institution in the field of judicial proceedings outside of public courts, is a highly useful way of settling disputes or disagreements that arise in the fulfillment of agreements or contracts, particularly in both national and international private law. This arbitration organization is commonly utilized in commercial and investment transactions. In this research, the approach used is normative juridical, which evaluates and tests secondary facts in the form of positive law. This research is descriptive and analytical in nature. arbitration is a way of resolving a civil dispute outside the public courts based on an arbitration agreement made in writing by the parties to the dispute. Individuals or institutions can settle disputes through arbitration. Arbitration is increasingly being utilized to settle national and international commercial disputes. The role of international arbitration is facilitated by the existence of international arbitral institutions. These bodies include The London Court of International Arbiitration, The Court of Arbitation Of The International Chamber Of Commerce, The Arbitration Institute Of The Stockholm Chamber Of Commerce, and Indonesian National Arbitration Board.

Critical Study of Sharia Regional Regulations on Women's Emancipation

Sharia regional norms include Islam's dominant status, the principle of regional autonomy, and the Constitution of Indonesia, which served as its foundation. This is because several Sharia regional restrictions, such as the need to wear the headscarf and the ban on curfews for women, are discriminatory against women. This study aims to (1) determine whether or not regional governments have the ability to create Sharia regional laws and (2) identify the legal basis for Sharia regional regulations that do not allow for women's liberation. This study will be evaluated descriptively, using normative research with a statutory approach. Our findings indicate that Article 29 and Article 18 (paragraphs 1 and 2) of the Constitution provide the constitutional basis for the power to create Regional Regulations. Since the indications, constraints, and contents that Sharia regional rules may apply are not defined in the Indonesian legal system, the formulation of regional laws and their application remains controversial. Because of this, women may feel uneasy with the Sharia Regional Regulations. Furthermore, the Ministry has the authority to nullify contracts that violate regional Sharia norms that oppose and do not accommodate women's liberation. To better safeguard women's rights within the framework of Islamic law, the legal scholarship critical of Sharia regional restrictions and women's liberation is crucial. This study can significantly contribute to improving the legal framework and delivering gender equality and social justice by providing a critical analysis of rules and their implementation.

Moving Frames: Difference and Differential-Difference Lagrangians

This paper develops moving frame theory for partial difference equations and for differential-difference equations with one continuous independent variable. In each case, the theory is applied to the invariant calculus of variations and the equivariant formulation of the conservation laws arising from Noether's theorem. The differential-difference theory is not merely an amalgam of the differential and difference theories, but has additional features that reflect the need for the group action to preserve the prolongation structure. Projectable moving frames are introduced; these cause the invariant derivative operator to commute with shifts in the discrete variables. Examples include a Toda-type equation and a method of lines semi-discretization of the nonlinear Schrödinger equation.

Legal Protection against Physicians for Presumed Malpractice in Indonesia: A Judicial Review

Increased public awareness of health rights and legal access has sparked intensive discussions on malpractice in healthcare. However, differing views between lawyers and doctors regarding the definition of malpractice as well as the limits of doctors' authority create complexity. Types of medical malpractice, such as criminal, administrative, ethical and meritorious, are the focus for understanding the legal liability framework. Although civil law can protect consumers, the lack of an independent medical law formulation in Indonesia is an obstacle. Normative research methods are used to explore the legal views and responsibilities of doctors in medical practice. Discussions on malpractice proof, legal protection for doctors, and ethical and legal obligations in medical practice contribute to the understanding of this complex issue. Therefore, this article aims to detail the legal and ethical framework related to medical malpractice in Indonesia and explore protection and enforcement efforts to optimize the relationship between patients and the medical profession.

Pojetí výprosy podle ABGB

This contribution focuses on the development of the concept of the precarium from the beginning of its codification in the ABGB to the present day, focusing more closely on two historically established interpretations: the first adopted by Antonín Randa and developed by his student Josef Stupecký and the second adopted by the Austrian civilian Josef von Schey. Historically, these conceptions came into conflict in our territory during the recodification of the ABGB in interwar Czechoslovakia which is why the contribution discusses the development of the precarium also within the framework of the so-called Draft Civil Codes, all considering contemporary Austrian and Czechoslovak case-law. Finally, the contribution provides a concept in the form of contemporary Austrian law and its concept of precarium which is also relevant in the light of the fact that the ABGB provision on precarium has remained unchanged since 1811.

Inflection point of coupled quintessence

In this paper, we investigate the behavior of coupled quintessence at inflection point in the accelerated expansion of the universe. We consider spatially homogeneous quintessence coupled with the matter with two coupling parameters as Q=3αHρm and Q=3βρṁ. We obtain the inflection point for the power law form of potential V(ϕ)=V3(ϕ−ϕ0)3 and its generalized form in two coupled quintessence models.