Form Of Law Research Articles

Penyelenggaraan Dan Pembentukan Peraturan Daerah Bantuan Hukum Masyarakat Miskin

This study aims to determine the form of the implementation of legal aid to the people who are in the area and to find out the basic authority of the regional government as an autonomous region in forming regional regulations regarding the implementation of legal aid for the poor. The normative juridical method is carried out through a literature study that examines mainly secondary data in the form of laws and regulations or other legal documents, as well as research results, study results and other references. In seeing the accuracy of the functioning of a statutory regulation. The implementation of legal assistance to the poor in the regions needs to be further optimized, looking at the constitutional basis of the 1945 Constitution of the Republic of Indonesia Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia confirms "all citizens have the same position before law and government and are obliged to uphold the law and government without except". Article 28 paragraph (1) of the 1945 Constitution of the Republic of Indonesia "Everyone has the right to recognition, guarantees, protection and fair legal certainty and equal treatment before the law". That the reach of access to justice for the poor in the regions is a constitutional right as a citizen, through the formation of regional regulations and other implementing regulations it is very necessary as a form of legal protection so that its implementation can be directed as the embodiment of the principle of equality before the law.

Religious foundations of duty

It is noted that, simultaneously with the emergence and development of human society, the presence of certain general rules in regulating the behavior of members of society arises. Social life at all stages of its development required the presence of such rules with which we humans could coordinate our behavior and actions and count on a certain predictable result from such behavior or actions. At various stages of the development of society, these or other social regulators become a tool for ensuring such a need. Historically, social norms formed under the influence of requirements and patterns of development of primitive society become the first social regulator. To a greater extent, such societies normalized their focus on the duties of the individual by installing a large number of prohibitions that required members of the society to refrain from undesirable behavior.
 It is indicated that with the complication and branching of social relations in society, general social norms support the impetus for further development and are differentiated in the following form of social regulators, in particular, morality, religion, and law. In our opinion, this order of progression of the development of social regulators is correct and natural. That is, initially the individual in the first society is aware of his responsibility to this or that social association, which is engaged in the creation of moral obligations. Gradually, certain beliefs appear in the primitive society, which contribute to the emergence of religious duties, which do not exclude moral positions, but complement them and values in interaction with them. And only with the appearance of the first state entities, we can talk about introducing obligations into the legal field with their further legal consolidation. It is important to note that in the pre-state period of human development, which occupies a sufficiently long period of time, duties developed outside the law and arose in accordance with human nature, customary norms, traditions, religious dogmas or moral ideas, based on the simplest rules of interpersonal interaction. All these factors - religion, morality, customs and traditions, to a greater or lesser extent changed their role in shaping the future idea of duties, that is why we consider it necessary to investigate the foundations of the institution of duty, in particular through the prism of religious influence.

The Evolution of Law and the Emanation of Law: The Concept and Essence

The purpose of the paper is to analyze the evolution of law and the emanation of law, revealing their essence, based on the concept of integrative legal understanding that synthesizes ontologically homogeneous legal regulators — principles and norms of law. The study of the stated problem was carried out based on general scientific (including systemic, historical, comparative) and private law methods of scientific cognition. The legal phenomena under study are complex and multidimensional, they are revealed as processes of development of law in terms of its content and forms of external expression. The authors come to reasoned conclusions that the evolution of law consists in the development by law-making entities on the basis of general principles of law of such legal regulators that allow society to move to a qualitatively new stage of legal regulation of legal relations. In turn, the emanation of law is a transformation of forms of law, reflecting the process of understanding and external expression, first, of general principles of law as the basis universal legal relations

Peridynamic neural operators: A data-driven nonlocal constitutive model for complex material responses

Neural operators, which can act as implicit solution operators of hidden governing equations, have recently become popular tools for learning the responses of complex real-world physical systems. Nevertheless, most neural operator applications have thus far been data-driven and neglect the intrinsic preservation of fundamental physical laws in data. In this work, we introduce a novel integral neural operator architecture called the Peridynamic Neural Operator (PNO) that learns a nonlocal constitutive law from data. This neural operator provides a forward model in the form of state-based peridynamics, with objectivity and momentum balance laws automatically guaranteed. As applications, we demonstrate the expressivity and efficacy of our model in learning complex material behaviors from both synthetic and experimental data sets. We also compare the performances with baseline models that use predefined constitutive laws. We show that, owing to its ability to capture complex responses, our learned neural operator achieves improved accuracy and efficiency. Moreover, by preserving the essential physical laws within the neural network architecture, the PNO is robust in treating noisy data. The method shows generalizability to different domain configurations, external loadings, and discretizations.

Accelerated formulation of optimal control law for adaptive cycle engines: A novel design methodology

Adaptive cycle engines (ACEs) represent a sophisticated class of power units, embodying numerous variable geometry components, marking them as pivotal for the advancement of next-generation high-speed civil and military engines. Nonetheless, this variability introduces substantial complexity into the engineering of control laws. Contemporary research predominantly relies on either manual methodologies or global optimization algorithms. The former rarely achieves peak performance, while the latter incurs substantial computational expenses. This research introduces an accelerated methodology by using variable-step gradient with boundary constraints (VGB) algorithm tailored for the nuanced optimization challenges posed by multi-variable, multi-constraint nonlinearities inherent in ACEs. Recognizing that ACE's peak performance is typically boundary-constrained, the algorithm strategically manipulates variable geometries to widen the operational gap from the most disadvantageous boundary (MDB), thereby inching closer to the engine's ideal operational nexus. This strategy culminates in a decease in computational overhead, diverging significantly from conventional global optimization approaches. Empirical findings represent the method's efficacy, with a maximal performance deviation of just 3.78 % across three steady-state missions. Post transient control law refinement, engine's starting time contracted by 5.93 s via VGB algorithm, opposed to baseline design point configurations. Collectively, this approach serves as a versatile and efficient blueprint for designing control laws.

LANGUAGE IDEOLOGY: SOCIOLINGUISTIC MEANING OF THE CONCEPT

The article discusses the sociolinguistic concept of language ideology against the background of the international and Ukrainian research of the subject. Language ideology is usually treated a set of widely held beliefs about the language articulated by users as a rationalization or justification of perceived language structure and language practice. Language ideologies are not always clearly articulated and often include all kinds of assumptions about the nature of language and its use. Language ideology is shaped in the public discourse that involves a wide range of participants and it plays a significant role in the processes of language standardisation and in the formulation of language policy. Also discussed is the standard language ideology which refers to the belief that the variety that has its roots in the speech of the most powerful group in society is superior to other ways of speaking the language. Language ideology may be quite influential at the grassroots level and in the absence of formal law it can work as «policy with the manager left out». The article also addresses the issue of the structure of language ideology as a complex multidimensional construction consisting of a set of ideologemes. It is assumed that the influence of individual ideologemes may increase or go down, depending on a variety of socio-political, economical, demographic and other variables. Presumably language ideology has a core part and a periphery where new ideologemes are generated some of which gain influence and some decline. Top-down language ideology is determined by the government policy while bottom-up ideology is generated by the civil society institutions, scientific and academic community, language activists, the media etc. Ukrainian and international experience demonstrate that top-down and bottom-up language ideologies may alternate or combine simultaneously or at different times.

Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective

Indonesia is a Muslim-majority country that has enacted Law Number 1 of 2023 concerning the Criminal Code as a common ideal between the state and its citizens in creating harmony in life. In a democratic country, the law-making process must open to public participation as a form of manifestation of the determination of the society’s living values, and as providing legitimacy for the formation of a law. This study focuses on discussing how much the aspirations of Muslims are adopted by the state in drafting the new Criminal Code, especially on issues related to Islamic morality, such as pornography, displaying contraceptives, adultery, cohabitation, abortion, and blasphemy. This study uses qualitative research methods with maslaha theory approach. The data sources are in the form of laws and regulations, minutes of DPR sessions, and the aspirations of the Islamic community. This study concludes that the new Criminal Code shows an increase in meaningful participation, which includes three prerequisites: the public has the right to be heard, the right to have their opinions considered, and the right to receive an explanation. The drafting of the new Criminal Code is at the “partnership” level and is in the “degrees of citizen power” category in the ladder of citizen participation scheme. At this level, the public has direct access to interact with policy makers regarding the new Criminal Code.

Poincaré sphere trajectory encoding metasurfaces based on generalized Malus’ law

As a fundamental property of light, polarization serves as an excellent information encoding carrier, playing significant roles in many optical applications, including liquid crystal displays, polarization imaging, optical computation and encryption. However, conventional polarization information encoding schemes based on Malus’ law usually consider 1D polarization projections on a linear basis, implying that their encoding flexibility is largely limited. Here, we propose a Poincaré sphere (PS) trajectory encoding approach with metasurfaces that leverages a generalized form of Malus’ law governing universal 2D projections between arbitrary elliptical polarization pairs spanning the entire PS. Arbitrary polarization encodings are realized by engineering PS trajectories governed by either arbitrary analytic functions or aligned modulation grids of interest, leading to versatile polarization image transformation functionalities, including histogram stretching, thresholding and image encryption within non-orthogonal PS loci. Our work significantly expands the encoding dimensionality of polarization information, unveiling new opportunities for metasurfaces in polarization optics for both quantum and classical regimes.

Attractor behavior of [formula omitted] modified gravity and the cosmic acceleration

In this paper, we have performed the dynamical system analysis of f(T) gravity cosmological models at both background and perturbation levels. We have presented three models pertaining to three distinct functional forms of f(T). The first form is that of the logarithmic form of the torsion scalar T, the second one is in the power law form, and the third one is the combination of the first two forms. For all these three forms of f(T), we have derived the corresponding cosmological parameters in terms of the dynamical variables. Subsequently, the critical points are obtained and the condition(s) of its existence has been derived. Critical points of each model have been analyzed individually and the corresponding cosmology are derived. The stability behavior of these critical points are discussed from the behavior of the eigenvalues and the phase portraits. At least one stable node has been obtained in each of these models. Further from the evolution plots of the cosmological parameters, the accelerating behavior of the cosmological models are also verified.

INTERPRETATION AND JUSTIFICATION OF RULES FOR MANAGERS IN BUSINESS ORGANIZATIONS: A PROFESSIONAL ETHICS PERSPECTIVE

Managers' roles and corresponding obligations in business organizations are well-established. If a conflict in competing obligations arises, then the concerned manager is generally advised to consult and apply rules as they exist in the form of various laws, policies and guidelines in the country, the profession or the industry, and the organization. These three sets of rules are formulated to help explain an organization's work to managers and others so that they may understand and arrive at judgments to act in the given fact-situations appropriately. However, the rule-following of managers, it is argued, ought to be ethically correct for its own sake and for the sake of the ethical environment in the organization. For this purpose, the managers ought to interpret the rules for their correct applications, in fact-situations, instead of just following the rules. They ought to look for a rational interpretation of rules so they do not compromise their managerial responsibilities, as it is a question of understanding not only letters of rules but also the spirit of rules. The argument continues that apart from understanding the reasons for the rational interpretation of rules, there is also a need to assess the ethical justification of rules because, for example, a professional manager may come across a rule regarding gender discrimination or else he may not find any rule regarding unjust dismissal from the job in his organization. Given the above, I argue in the paper that the rule-following of managers in the organization is ethically required to be rooted in their ability to interpret and ethically justify rules rationally.

An improved adaptive cruise control law

To increase the efficiency of road transport and reduce exhaust emissions, research has been intensified in assisted control systems, where adaptive cruise control (ACC) and cooperative adaptive cruise control (CACC) stand out. While ACC uses data from onboard sensors and radars, CACC also uses data from inter-vehicle wireless communication. In this context, this paper proposes a new control law for ACC systems that provides a competitive performance compared to CACC, despite not requiring wireless communication between vehicles. The new control law formulation employs both the vehicle acceleration and the relative speed, which generalizes similar ones. The design methodology formulated as a convex optimization problem ensures string and internal stability as well closed-loop pole placement if a set of linear matrix inequalities (LMIs) is satisfied. At the end of the paper, simulations demonstrate the effectiveness of the proposed methodology.

The Intersection of Anthropology and Criminal Law: Insights for Policy and Practice


 
 
 The intersection of anthropology and criminal law offers valuable insights for informing policy and practice in the criminal justice system. This article explores the dynamic relationship between anthropology and criminal law, highlighting the contributions of anthropological research to understanding crime, criminal behavior, and the functioning of legal systems. Through a qualitative approach, this study conducts a comprehensive review of relevant literature and utilizes library research methods to synthesize key findings. The analysis reveals that anthropology provides unique perspectives on cultural norms, social structures, and power dynamics that influence the formulation and application of criminal laws. By examining diverse cultural contexts, anthropologists uncover the complexities of crime and justice, shedding light on issues such as legal pluralism, cultural defense, and the role of indigenous justice systems. Furthermore, anthropological insights challenge conventional approaches to criminal justice, emphasizing the importance of context- specific interventions and culturally sensitive practices. This article identifies five key themes that emerge from the literature review: cultural relativism, legal pluralism, the social construction of crime, indigenous justice systems, and the impact of globalization on legal norms. These themes offer valuable lessons for policymakers, legal practitioners, and criminal justice professionals seeking to develop more effective and culturally responsive approaches to crime prevention, law enforcement, and criminal adjudication. By bridging the gap between anthropology and criminal law, this research contributes to a deeper understanding of the complexities of crime and justice in diverse cultural contexts.
 
 

Supporting business functions influencing the formalization of charcoal business in Tanzania

Charcoal business, production, and sustainability are all under the control of government regulations. In Tanzania, the entire charcoal value chain employs approximately two million people. As a result, there are unreliable records for registered actors, and it is difficult to accurately quantify the annual amount of charcoal production and revenue collected by the Tanzanian government. Supporting functions are legally provided activities and services to support charcoal actors to formalize their business, including participation in the formulation of forest laws, market infrastructure development, training, access to information, and financial services. Supporting business functions available for charcoal actors such as producers, wholesalers, and retailers to facilitate the formalization of the charcoal business in Tanzania. This study was conducted to determine the supporting functions that are important to charcoal actors in Tanzania to formalize their activities. A total of 107 charcoal actors were administered a semi-structured questionnaire using the multiple sampling technique, which involved 31 wholesalers and 42 retailers trading in two of the largest markets, one in Dar es Salaam and the other in Zanzibar. Both markets depend on charcoal production in Handeni district, located in Tanga Region. Principal component analysis (PCA) indicated that formalizing the charcoal sector in Tanzania necessitates public-private partnerships (22.9%), financial services and legal environments (21.9%), and market infrastructures (15.6%). We concluded that the charcoal business needs the collaboration of the government with non-government organizations to share resources such as forest staff, vehicles, and incentives to motivate the participation of actors in the training of the legal procedure of charcoal business management, the formulation of registered charcoal groups or associations, and the establishment of charcoal selling centres. Moreover, the development of forest laws should be participatory to involve charcoal business stakeholders to have a reasonable cost of issuing licenses and other permits.

Law Enforcement Effectiveness on Copyright Piracy: Case of Indonesia

Piracy, which is still a phenomenon in society, has even grown so rapidly that it has become a trend to produce and enjoy your own pirated films. learn how Indonesian law addresses cyber piracy of national films and how national film copyright protection works. The research method used in this article is doctrinal legal research. The legal rules used to reduce copyright piracy are in the form of the Copyright Law, Information and Electronic Transactions Law, Regulations of the Ministry of Law and Human Rights, and Regulations of the Minister of Communication and Information which are repressive, namely civil, administrative and criminal as well as preventive in nature. Law enforcement in Indonesia is still not effective because the level of public awareness and legal compliance is still not optimal, which is the main factor in the success of legal regulations.

An interactive data-driven multiple-attribute decision-making technique via interval-valued intuitionistic fuzzy sets for teaching quality evaluation in higher education

Improving the quality of higher education teaching is a systematic project. The improvement and formulation of relevant laws, regulations, and measures at the macro level are the minimum and specific requirements for the overall private universities, and are the basic guarantee for controlling the healthy and orderly development of universities. At the micro level, school management needs to focus on two aspects: leadership level construction and teacher level construction. Only by scientifically controlling the above issues and comprehensively considering them can the persistent problem of low teaching quality be fundamentally and gradually solved. In short, the construction of the quality assurance and evaluation system for higher education teaching in China is still in the initial stage of development. Therefore, universities should start from the guarantee and evaluation system to promote the construction of teaching process monitoring and evaluation systems, and improve the level of education and teaching quality on the basis of highlighting higher education teaching reform and research. The teaching quality evaluation of higher education in the era of artificial intelligence is a MADM. In this study, in light with interval-valued intuitionistic fuzzy Hamacher interactive hybrid weighted geometric (IVIFHIHWG) technique and induced OWG (I-OWG) technique, the induced IVIFHIHWG (I-IVIFHIHWG) technique is administrated. Then, the I-IVIFHIHWG technique is exploited to manage the MADM under IVIFSs. Finally, the numerical example for teaching quality evaluation of higher education in the era of artificial intelligence is exploited to verify the I-IVIFHIHWG technique. Thus, the main research contributions are administrated: (1) the I-IVIFHIHWG technique is administrated in line with the IVIFHIHWG and I-OWG technique; (2) the I-IVIFHIHWG technique is exploited to manage the MADM under IVIFSs; (3) the numerical example for teaching quality evaluation of higher education in the era of artificial intelligence and some comparative studies were exploited to verify the I-IVIFHIHWG technique.

Form and Substance in Comparative Law and Legal Interpretation

This article examines various models of legal interpretation and their implications for comparative law, drawing inspiration from Rodolfo Sacco’s early career theories. It contrasts the Tarskian Correspondence Model, which seeks objective reality in legal texts, with the Symphonic Model, which interprets legal language as a harmonious interplay of elements. The Tarskian model reflects classical legal thought’s search for fixed meanings, while the Symphonic model aligns with contemporary legal practice’s nuanced understanding. Further, the article explores Heraclitean Realism, acknowledging the fluidity of language and meaning, and the Provocative Tapestry Model, which introduces paradox and tension in legal interpretation. These models are likened to narrative genres, offering varied approaches to understanding legal discourse: the Tarskian model as a detective novel, the Symphonic model as a comedy, the Living Tapestry model as a melodrama, and the Provocative Tapestry model as a tragedy. The article argues that these models of legal interpretation do not inherently carry a political essence; the political stance emerges from the choices of interpreters. It emphasizes the need for human agency in the application of legal norms and the responsibility of legal professionals to actively engage in the interpretation process. Comparative law is discussed as a discipline that benefits from understanding these diverse interpretative models, as it seeks to analyze legal systems across jurisdictions. The article concludes that while narrative styles in legal interpretation have political histories, they are not bound to specific ideologies, highlighting the versatility and subjectivity in the field of legal interpretation.

Analysis of the Evolution of the Policy of Linking the Increase and Decrease in Urban and Rural Construction Land in China Based on the Content Analysis Method

The policy of linking the increase and decrease in urban and rural construction land is a land policy that gradually forms and develops to solve the contradiction between “food and construction” under the background of urbanization in China. It is of great significance to the sustainable development of China’s social economy. In order to grasp the evolution of the policy of linking the increase and decrease in urban and rural construction land in China as a whole, this paper used the content analysis method to analyze the changes in the content of China’s urban−rural construction land increase/decrease linkage policy from different perspectives, such as the levels of policy promulgation and the types of policy promulgation. Firstly, 105 directly related policy texts were selected from a large amount of policy information and read in detail with this as a sample, and 11 keywords were extracted, which were “balance of occupation and compensation”, “clear property rights”, “reasonable planning”, “project area”, “turnover indicators”, “linkage procedure”, “voluntary principle”, “resettlement compensation”, “cultivated land protection”, “supervision and management”, and “capital finance and taxation”. Secondly, the policy text was coded to provide quantitative data on policy development. Finally, the trajectory of policy development was analyzed on the basis of the quantitative data on policy development. The results show that the existing policies were mostly issued in the form of notifications, management measures, implementation plans, working rules, and so on, involving the nature, principles, conditions, methods, procedures, capital finance and taxation, and circulation indicators of the linkage between the increase and decrease, but the policy effectiveness is low, and there is a lack of formal laws and regulations. Improving the legal status of the policy, changing the relationship between the government and the market, strengthening the protection of cultivated land, and reconstructing the income distribution mechanism will help to further improve the policy of linking the increase and decrease in urban and rural construction land.

IMPLEMENTASI HUKUMAN KEBIRI BAGI PELAKU TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN TERHADAP ANAK PERSPEKTIF PERATURAN PEMERINTAH No. 70 Tahun 2020

The aim of this research is to find out how the castration penalty is implemented for perpetrators of criminal acts of sexual violence committed against children from the perspective of government regulation no. 70 of 2020 and what are the obstacles to not implementing the castration penalty for perpetrators of criminal acts of sexual violence committed against children? This research is library research, namely using data in the form of books, laws, articles, journals and other literature related to the title, while the technique and data collection is by collecting various ideas, theories and concepts from various literature which focuses on the process. comparison between propositions, articles or other laws. The approach methods used in this research are the statutory approach and the conceptual approach. The research results show that the implementation of the castration penalty is still not effective due to various obstacles or factors that prevent law enforcers from implementing the castration penalty

Unraveling Legitimacy: A Critical Examination of Anti-Terror Legislation in Indonesia

The Indonesian Law No. 5 of 2018 on the Prevention of the Criminal Acts of Terrorism, which is supposed to be the legal protection for every citizen, has generated resistance, resulting in delegitimization. This study aims to analyze the delegitimization of the anti-terrorism law, resulting in public resistance. The data was collected through observation, interviews and documentation studies in the form of the formulation of the anti-terror law. This study shows that the content of the enacted anti-terrorism law indicates a violation of human rights, which leads to delegitimization. The process of formulating the law without the participation of certain parties is considered counterproductive and makes the law less participatory. These things trigger the emergence of community resistance that leads to the failure of the law or the loss of the substance of the purpose of the legislation. As a result, the image of the government in preventing terrorism and extremism deteriorates, which in turn demonstrates the delegitimization of the law. This paper is limited to measuring the potential failure of the enactment of laws that have been passed and does not evaluate the implementation of anti-terrorism policies. Therefore, further studies are needed that focus on testing the effectiveness of the law by involving stakeholders.

Transitional Justice and Human Rights in Zimbabwe's Gukurahundi Mass Grave Exhumations

ABSTRACT: Transitional justice requires a multi-stakeholder as well as a multidimensional approach. In Zimbabwe, the issue of atrocities committed by the state (now commonly referred to as Gukurahundi) is a topic that evokes emotive debate, especially around the process of exhuming the remains of those who were buried in mass graves. One controversial issue surrounding the exhumation of mass graves is the idea of letting "by-gones be by-gones." This political strategy potentially allows perpetrators to circumvent the human rights issues that arise after mass graves are exhumed. It also denies the victims proper burial and closure for their families. Using an analysis of data in the form of legal reports, international laws, and case law, among other literature, this article examines the international norms on exhumation and the politics inhibiting exhumation of the Gukurahundi mass graves in Zimbabwe .