Form Of Law Research Articles

Vectors of Legal Interpretation Activity when Interpreting Contracts

Introduction: the official interpretation of the norms of law is one of the elements that support the efficiency of the mechanism of legal regulation in public relations. In the vast majority of cases, it is implemented in relation to the norms of the law, but its role is not limited to this area alone. The official interpretation of contracts has an independent significance in law, which, due to its lack of study, requires increased attention. Purpose: to consider specific areas of using the official interpretation of the law in interpreting the content of contracts, an attempt to systematize knowledge about contractual legal interpretation activity. Methods: the methodological framework for the study is a set of methods of scientific cognition, including systematicity, analysis, comparative law, and formal law. Results: the author’s position, substantiated in the work, on the possibility of identifying the vectors of legal interpretation activity in the interpretation of contracts is based on the work of individual scientists, the provisions of current legislation, interpretative acts of the supreme judicial authorities of the Russian Federation, and the results of law enforcement practice. Conclusions: as a result of the conducted research, it was found that specific independent and interrelated directions of official interpretation should be recognized as vectors, which are aimed at ensuring a clear understanding of the methods of concluding and executing contracts. It is advisable to consider them as some kind of starting point, landmarks that contribute to the systematization of all interpretative activities and characterize interpretation as a single production process. Their presence makes it possible to influence the contractual interpretation point-by-point and, if necessary, adjust the latter to the required extent. The list of vectors of legal interpretation activity in the interpretation of contracts is not exhaustive.

Can Street-Level Bureaucrats Assist with Material Resources? Naming, Trivializing and Privatizing Economic Abuse in Israel

ABSTRACT Street Level Bureaucrats’ (SLBs) contribution to social inequality was proposed to be best assessed by combining three analytical approaches: Discretion, Positioning, and Reproduction. Such a triple analytical framework may be required for understanding SLBs’ responses to Economic Abuse (EA) in Israel where formal law has not addressed EA while the prevalent welfare orientation denies the material resources required in responding to EA. Applying the triple framework in analyzing fifty-three interviews conducted with Israeli SLBs operating in state welfare organizations reveals the extent to which each analytical component is open for SLBs’ moral entrepreneurship, generating a sense of appropriate professional treatment. It develops a critical discussion of the conditions under which applying the triple framework of discretion, positioning, and reproduction is conducive.

Review of Therapeutic Care for Survivors of Online Sexual Exploitation in the Philippines

ABSTRACT Background In studies and reports conducted on online sexual exploitation and abuse of children (OSAEC), identified gaps include understanding programmes and services for victim-survivors. In the Philippines, care services consist of a blend of programmes specifically tailored for OSAEC and more generalised therapies for trauma. However, there is a lack of documentation regarding the variety of programmes available and the experiences of service providers during implementation. This qualitative study aims to provide a comprehensive description and critical analysis of these existing programmes and services. Methods Twenty-two in-depth interviews were conducted with key informants from selected government agencies and non-government organisations involved in providing services for the case management of victim-survivors of OSAEC in identified hotspots. Results A thematic analysis of the interviews revealed that a range of programmes and services are offered to address the needs of the survivors in various aspects of their lives, encompassing psychological, medical, educational, spiritual, and even the recreation of home life. A trauma-informed approach was commonly employed, with care often tailored based on age and gender. Challenges and facilitating factors in providing care were also identified, including limited evaluation of existing programmes and services. The findings carry implications for the ongoing implementation of these programmes, the development of new services and programmes, and the formulation of further policies and laws addressing OSAEC and broader issues concerning child protection and wellbeing.

Building a Responsive Legal System Through Reforming the Indonesian Constitution

Legal politics or what is known as policy direction is important in order to provide direction on the form and material of law. However, in a study that examines the problems of law enforcement, in Indonesia, which was studied from a legal sociology perspective, it was stated that developments in the world today often give rise to various problems, whether in the form of violations of norms that exist in social life or rules that have a tendency to create a phenomenon that is contrary to moral and ethical rules as well as legal rules. This paper aims to find out the facts and legal political realities that occur on post-reform legislation in forming responsive laws. Using a normative writing method. The direction of legal politics in post-reform Indonesia is the desire to form a responsive legal system, this can be implicitly seen in several changes to the constitution. Change towards responsive law is not something instant and easy, there must be a commitment from the state and the people together to realize the ideal of this system. Although the current implementation of law still experiences many errors here and there, at least the existing legal products have led to laws that responsive, what is needed now are leadership figures who are able to bring Indonesia to the implementation of responsive laws that are in accordance with what was previously expected in order to achieve prosperity for the people.

Sosialisasi Santunan Penjaminan PT. Jasa Raharja Akibat Kecelakaan Lalu Lintas

Driving activities on the highway are inseparable from various risks such as accidents and death. The government as the executor to protect the public makes some rules aimed at ensuring the implementation of accident insurance that occurs while driving. The government established PT Jasa Raharja to implement the rules that have been made, both in the form of Laws, Government Regulations or Minister of Finance Regulations. Information on traffic accident insurance is not known by all levels of society, both in terms of claim procedures, requirements and also types of accidents that can be covered, so that many people end up being burdened by the accidents that occur. STIE Ganesha conducts community service programs in collaboration with related parties to provide socialization about driving safety on the highway, including socialization about guarantees for traffic accident victims carried out by PT Jasa Raharja. The participants who were targeted in this socialization were students, offline motorcycle taxi drivers, surrounding communities and also STIE Ganesha employees. This service went well so that the participants could understand the material given during the event and could become a liaison between the community and information about traffic accident guarantees.

Pencegahan Tawuran Antar Pelajar Melalui Pendekatan Restorative Justice

Inter-school brawls are a disturbing phenomenon in Indonesia. Various efforts have been made to prevent these brawls, but they still occur frequently. The restorative justice approach offers an alternative solution to prevent fights by focusing on restoring relationships and building a sense of responsibility. This article aims to examine the concept of restorative justice and how this approach can be applied in preventing brawls between students. The research method used in normative juridical with primary data in the form of laws and regulations and secondary data in the form of journals and articles. The result showed that brawl prevention can be done through restorative justice. The conclusion of this study is a promising approach in preventing brawls between learners.

Frailty model for multiple repairable systems hierarchically represented subject to competing risks

In this paper, we propose a statistical model to describe the behaviour of failure times associated with groups of repairable systems hierarchically represented, under a competing risks framework, considering the existence of unobserved heterogeneity that acts individually on systems of each group, as well as the possibility of imperfect repairs whose initial failure rate is in the form of the power law. In this context for the unobserved heterogeneity in the groups, we consider the multiplicative frailty. To illustrate the use of the proposed model, we consider a database with the failures of 38 agricultural machines categorized into five different groups. We understand that the tractor fleet corresponds to the farm's agricultural system, therefore the need for intervention in this system occurs with the failure of any unit, individually, in a serial structure, of competing risks.e On the other hand, the understanding of the time in which all the machinery that makes up the fleet will have required some intervention is obtained by analysing the results under a parallel structure.

The Effect OF Teacher's Professional Competence on Student’s Entrepreneurship Competency in Practice and Entrepreneurship Lessons at SMKN 1 Solok

The purpose of this study was to determine the effect of teacher professional competence on student entrepreneurship competence in the subjects of craft and entrepreneurship at SMKN 1 Solok, in this study using a quantitative approach, the data sources used in this study were primary data and secondary data, primary data namely data which is directly obtained from respondents from filling out google forms , while secondary data comes from literature studies in the form of journals, books and laws related to research. The result of the research is that the professional competence of teachers has a positive effect on the entrepreneurial competence of students at SMKN 1 Solok.

Weak Hopf symmetry and tube algebra of the generalized multifusion string-net model

We investigate the multifusion generalization of string-net ground states and lattice Hamiltonians, delving into their associated weak Hopf symmetries. For the multifusion string-net, the gauge symmetry manifests as a general weak Hopf algebra, leading to a reducible vacuum string label; the charge symmetry, serving as a quantum double of gauge symmetry, constitutes a connected weak Hopf algebra. This implies that the associated topological phase retains its characterization by a unitary modular tensor category (UMTC). The bulk charge symmetry can also be captured by a weak Hopf tube algebra. We offer an explicit construction of the weak Hopf tube algebra structure and thoroughly discuss its properties. The gapped boundary and domain wall models are extensively discussed, with these 1d phases characterized by unitary multifusion categories (UMFCs). We delve into the gauge and charge symmetries of these 1d phases, as well as the construction of the boundary and domain wall tube algebras. Additionally, we illustrate that the domain wall tube algebra can be regarded as a cross product of two boundary tube algebras. As an application of our model, we elucidate how to interpret the defective string-net as a restricted multifusion string-net.

Nature of Space And Dimension of Observable Universe and Beyond

My innovative research into space, its definition, types, and transformation methods has led to the formulation of space transformation laws and space-matter transformation laws. These methods and laws govern the nature of the entire space. In this research, I have covered the entirety of space-time (Spacetime, 2022) and beyond by exploring the "Dimension of the Observable Universe and Beyond." The universe is defined as all space-time and its contents (Universe, 2022). However, several questions remain open regarding higher dimensions (String theory vs Loop quantum gravity: Wild hunt for Quantum Gravity, 2020), singularity (Gravitational singularity, 2022), gravity collapse at the black hole horizon, unified gravity, the theory of everything (Theory of everything, 2022), dark matter (Dark matter, 2022) (What is dark matter made of? Leading theories explained: Axion, Wimp, Machos, 2020), dark energy (Dark energy, 2022) (What is dark energy made of? Quintessence? Cosmological constant?, 2020), and existence beyond the observable universe. These unresolved questions have driven the scientific research on the "Nature of Space and Dimension of Observable Universe and Beyond." My findings indicate that space itself is an entity with physical properties. Space can transform or convert to matter and vice versa. Higher dimensions extend beyond singularities (Gravitational singularity, 2022), the black hole horizon, and the observable universe (Universe, 2022). Several types of research have been conducted, including studies on Minkowski Space (Minkowski space, 2022), General Relativity (Quantum Gravity: How quantum mechanics impacts Einstein’s general relativity, 2020) (General Relativity Explained simply & visually, 2020), Loop Quantum Gravity (String theory vs Loop quantum gravity: Wild hunt for Quantum Gravity, 2020), String Theory (Standard Model, 2022) (String theory vs Loop quantum gravity: Wild hunt for Quantum Gravity, 2020) (String theory, 2022) (Theory of everything, 2022), the Higgs field (Higgs boson, 2022), and the Aether medium (Aether (classical element), 2022). Despite these studies, questions remain regarding higher dimensions, unified gravity, dark matter (Dark Matter, 2022) (What is dark matter made of? Leading theories explained: Axion, Wimp, Machos, 2020), dark energy (Dark energy, 2022) (What is dark energy made of? Quintessence? Cosmological constant?, 2020), the theory of everything, and the space beyond the universe. Research into the existence of matter has shown that space was previously accepted merely as a void or an empty space-time background. However, there have been significant efforts to explore space-time as an entity and investigate higher dimensions through Loop Quantum Gravity (Loop Quantum Gravity Reveals What Came Before the Big Bang, 2018) and String Theory (String theory, 2022). Defining space and exploring the relationship between matter and space have become crucial, particularly in understanding higher dimensions. My research, which reflects the "Dimension of the Observable Universe and Beyond," encompasses all existence within the observable universe and extends beyond it. The definitions of space, types of space, space transformation, and space-matter transformation comprehensively describe the nature of the entire universe. Additionally, the definitions of the GODEYE and GODEYE Models explain the phenomena of universe expansion-contraction and gravity at a fundamental level for the "dimension of the observable universe and beyond." This provides a novel foundation for addressing these open questions and represents a significant advancement in astrophysics and our understanding of existence.

Is Dark Matter a Misinterpretation of a Perspective Effect?

Very recently, a straightforward method was proposed to understand galaxies and galactic clusters without using the very elusive dark matter concept. This method is called the κ-model. The main idea is to maintain the form of the usual physical laws, especially Newton’s laws of motion when gravity is weak, but only by applying a local scaling procedure for the related lengths, distances, and velocities. This local scaling appears as a correspondence principle in the κ-model. In this model, the fundamental physical constants remain universal, i.e., they are independent of a point in space and of time. The κ-model is Newtonian in its essence, but there is a relativistic extension that can easily be built. The aim of the present paper is to detail the mathematical formalism supporting it.

Gender Roles and Practices in Land Access, Ownership and Utilization in West Usambara, Tanzania

Tanzania's land laws protect and guarantees gender equality in access, ownership, and utilization of land. However, the extent to which these legal frameworks have enabled gender equality in the country regarding access, ownership, and utilization of land is not well known. This paper assessed gender relations in access, ownership, and utilization of land in West Usambara Mountains Lushoto District, Tanga Region, North Eastern Tanzania. A purposive sampling of 100 respondents (49 men and 51 women) was obtained to participate in the study. A structured questionnaire was used to interview respondents and focus group discussions with key informants were conducted. Qualitative data were analyzed through content analysis techniques including thematic analysis of texts and indexing. Results show that despite a progressive legal framework, women are still marginalized in land access, ownership, and utilization. This is because of the co-existence of dissimilar structures (traditional, formal and religious land laws), as well as long-established traditional that continue to perpetuate gender disparity. It is proposed that efforts should be made to empower women to use the existing legal structures to demand and promote own land rights.

Surface degradation of epoxy resin exposed to corona discharge under bipolar square wave field: From phenomenon to the insights

The unavoidable corona discharge induced by distorted field is detrimental to the safety of power equipment, especially the equipment with high voltage magnitude and high frequency. In this paper, the degradation morphology, residual components, lifetime of endurance, partial discharge characteristics, and evolution of surface traps of epoxy insulation under bipolar square wave field is investigated. The results show that degraded zone exhibits as three layers with round pits and channel-like ravines on the surface of epoxy resin exposed to corona discharge. It is demonstrated that more oxygen element during corona discharge while more carbon element during breakdown appeared, and nano-Al2O3 fillers migrates to the discharged zone. The maximum temperature and number of emitted phonons increase with voltage amplitude and frequency in power law and exponential form, respectively, corresponding to the fitting function of endurance lifetime. The emitted light is concentrated on the near ultraviolet (UV) and infrared ray (IR) band, indicating the energy pooling and thermal effect of corona discharge, which interprets the distinct degradation behavior of samples under sinusoidal and bipolar square wave voltage. The effect of space charge and thermal conductivity should be considered simultaneously in the degradation of epoxy insulation under bipolar square wave field due to polarity reversal and high frequency, which is proved by the disparate behavior of EP/nano-Al2O3 composites resistance to corona discharge and the breakdown moment at falling edge of bipolar square wave voltage. This work may contribute to the advancement of resistance to corona discharge degradation in equipment with high power density, high voltage amplitude and high frequency.

Ratio Decidendi to Impose Sanctions in the Best Interests of The Child

Law enforcement, in order to provide justice, must consider the benefits of imposing sanctions, especially on children, and prioritize the principle of the best interests of children. However, in practice, in imposing sanctions on children, judges have not optimally considered the benefits of imposing sanctions on children and have not prioritized the best interests of children because prison sentences are used more often than other alternatives, as in Article 71 paragraph (1) of the law. Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is normative juridical, namely a type of library research, which is sourced from primary legal materials in the form of laws, secondary legal materials in the form of books in libraries, and tertiary legal materials sourced from, among others: the internet, journals to obtain norms and rules that support the implementation of research. It is hoped that the results of the research will mean that when imposing sanctions on children, judges must really consider the benefits of the sanctions imposed on children. Sanctions are imposed to prioritize the best interests of the child's future so that it does not create a stigma that could actually damage the child's future.

A transient formulation of entropy and heat transfer coefficients of Newton's cooling law with the unifying entropy potential difference in compressible flows

The original Newton's law of cooling is considered an ideal convection model of a point source ignoring conduction, but its unknown convection conductance and inconsistent thermal potential difference make it difficult to further elucidate the transient heat transfer mechanism of convection because of the no-slip condition at the interface between a body and a fluid. For this purpose, both the convective entropy transfer theory and the hypothesis of the isothermal velocity sublayer are developed to recast Newton's law of cooling into a standard Ohm's law form via the unified entropy driving force and the unambiguous entropy transfer coefficient. An explicit expression for the transient heat transfer coefficient is presented theoretically and experimentally in compressible flows by virtue of the product of the free-stream velocity, the volumetric thermal capacity of the fluid, and the near-wall velocity constant. The unified thermal potential difference is established between the body temperature and the total temperature (reduced to the ambient temperature for incompressible fluids). The physical mechanism of convection mode in the original Newton's cooling law is reasonably explained by the entropy transfer theory and entropy transfer efficiency, and the formulae for the entropy flux vector driven by the standard entropy potential difference and the rate of entropy generation are obtained. The analytical heat transfer coefficients as well as the standard thermal driving forces are validated by comparison with the forced convection experiment with a maximum error of 4.6 % in incompressible flows and the previous Newton's benchmark cooling experiments with the maximum error of 6.7 % in compressible flows. The effects of radiation on the total heat transfer coefficient are also analyzed quantitatively.

Colonial way of life y regulación del sindicalismo rural en Brasil

This article aims to inquire into Oliveira Vianna's intellectual program regarding the unionist-corporatist normative agenda applied for rural workers in Brazil. To do so, we will consider: (a) the theoretical program for intervention in place until Oliveira Vianna's entry into the Ministry of Industry, Trade, and Labor in 1932, which was supposedly expansive in terms of rural unionization; (b) the variations in the law formulation in which Vianna participated, as can be seen in the unionization laws of 1934 and 1939, the latter being representative of the legal dehydration of rural unionization; (c) the changes in the agenda, highlighted in the work História Social da Economia Capitalista no Brasil (Social History of Economy in Brazil), expressed by the opposition to rural unionization. The focus shift regarding rural unionization and corporatism is based on the advantages this author begins to consider in relation to clans’ domination, highlighted as a positive driver of the Brazilian "colonial way of life," which deserves to be maintained and does not normatively align with bilateral union aggregation in rural settings. For the analysis, the key of "instrumental authoritarianism" is challenged in its theoretical potential to encompass the entirety of Oliveira Vianna's work. The proposed guiding thread of interpretation for the revisited phases is the jurist's quest for the organic relationship between the State and society. The methodological proposal involves the use of theoretical research, mainly focused on qualitative analysis of sources from the 1930s and 1940s, and the application of procedures inherent to content analysis.

La protección del erario por el derecho penal y su relación con el deber fundamental de pagar impuestos. Una perspectiva filosófica del integrativismo tridimensionalista

In the modern world, there is a clear phenomenon of legal science impoverishment due to disconnection from ethics, even though it should keep present and intact in the law formulation, interpretation, and enforcement. Drawing on the three dimensions (philosophical, political, and legal-scientific) that come into play when examining a crime, should the crime of tax evasion aim to protect Public Funds or the fundamental and solidaristic duty to pay taxes? How should the payment of taxes be configured within the realm of criminal law? This article aims to analyze, albeit superficially, the criteria for interpreting and applying the ethical foundations of Western taxation, given that life in a democratic society requires citizens to fully exercise fiscal solidarity. This is because of their fundamental duty to contribute, according to their economic capacity, to the achievement of the common good. Thus, those who deliberately fail to do so are engaging in behavior deserving criminal reproach.

Конституционный Суд Российской Федерации о полномочиях районного суда по уголовным делам частного обвинения: можно ли ставить точку в правовом регулировании данного вопроса?

Ruling of the Constitutional Court of the Russian Federation No. 13-П of March 28, 2024, clarified the issue of authorities of a district court in privately prosecuted criminal cases on a crime stipulated by Part 1 of Art. 161.1 of the Criminal Code of the Russian Federation. Taking into account that criminal procedure provisions cannot be developed beyond the framework of criminal procedure law, there is a need for changes to the Criminal Procedure Code of the Russian Federation aimed at approval of respective legal instructions and bringing the external form of criminal procedure law in line with its internal form.

Optimization of National Zakat Management through the Effectiveness of the Role of Stakeholders of Zakat Management Organizations

This research shows that stakeholders are running the Zakat governance system effectively. There is a contradiction in the role between the regulatory and executive functions of the national zakat management institution. The research method used is descriptive qualitative, which compares ideal conditions with actual conditions through secondary data research, interviews, and group discussions. The data processed are in the form of zakat law documents, government regulations, BAZNAS regulations, zakat acquisition calculation index, data from the central statistics agency, minutes of discussion group forums and confirming interviews with sources of amil zakat, samples using the purposive sampling method by finding samples through snowball sampling techniques. The study results show that reforms need to be carried out immediately on the role of zakat governance stakeholders so that national zakat management is more optimal and effective and, in the end, can provide more comprehensive benefits for the community

Comparing Weights According to Weighing Cycles with Nonlinear Drift of the Comparator

Cycle weighing is used by metrologists around the world to eliminate drift in comparator readings when comparing the mass of reference weights. Various types of cycles and their descriptions are given in the International Recommendation on legal metrology OIML R111-1-2004 adopted in the Russian Federation as a national standard. They consider cycles under the assumption of linear drift of comparator readings. The article discusses weighing cycles that eliminate nonlinear drift of the comparator. Drift models are proposed in the form of exponential and multinomial laws, which are characterized by a fast dependence of readings at the beginning of the cycle and a slower one at the end of the cycle. The derivation of formulas for the difference between the mass of the verified and the original standard according to four comparator readings at equal time intervals is given. The formulas consist of two components: the first coincides with the formula for linear drift, and the second plays the role of a correction for the drift deviation from linearity. The formulas are also correct for linear drift, since in this case the second components become zero. Estimates of the differences in the mass of the compared weights, taking into account the nonlinearity of the comparator drift, make it possible to estimate the measurement uncertainty for linear and nonlinear drift and become relevant with a constant increase in weighing accuracy, especially when comparing high-precision mass standards.