Panel Of Judges Research Articles

The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia

This research aimed to analyze the legal basis and considerations of judges in deciding ghoib divorce cases and their legal consequences for the parties involved. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that in deciding ghoib divorce cases, the Panel of Judges considered various aspects balanced, including the reasons for divorce given by the plaintiff and witness testimony. The judge made the appropriate decision by verstek, granting the ghoib divorce lawsuit and imposing talaq one ba’in sughra. The legal consequences of ghoib divorce refer to Article 119 of the Compilation of Islamic Law, which regulates talaq ba’in sughra, while Law Number 1 of 1974 and the Civil Code only regulate the legal consequences of divorce in general. Therefore, it is recommended that judges consistently adhere to the principles of justice and caution when handling ghoib divorce cases. Married couples must realize that disappearing without a trace is not a wise solution and will only complicate problem-solving. Divorce should be pursued as a last resort after all efforts to maintain the household have failed. Furthermore, the government needs to create more transparent and comprehensive rules and guidelines regarding the ghoib divorce trial process in Religious Courts to avoid legal uncertainty and ensure the protection of all parties’ rights.

Preparation of Value Added Cow Milk Lassi Blended with Custard Apple (Annona squamosa L.) Pulp

Lassi was prepared from different proportions of cow milk and custard apple pulp, i.e., 100:0 (T1), 90:10 (T2), 85:15 (T3), and 80:20 (T4). The mean score for the flavour was 8.17, 8.21, 8.32, and 8.27 for lassi prepared under treatments T1, T2, T3, and T4, respectively. The highest score was obtained by treatment T3, while the lowest score was recorded by treatment T1. The result indicated that the lassi prepared with 15 per cent custard apple pulp was superior over 0, 10, and 20, per cent levels. The colour and appearance score of lassi was significantly affected due to the addition of different levels of custard apple pulp. The mean scores for colour and appearance of lassi were T1 (8.43), T2 (8.45), T3 (8.48), and T4 (8.46). The highest score (8.48 out of 9) was obtained from lassi prepared with 15 per cent custard apple pulp as compared to other treatments. The highest score was obtained by treatment T3, while the lowest score was obtained by treatment T1. The body and texture score of lassi was significantly affected due to the addition of different levels of pulp. The significantly highest score (8.40 out of 9) was obtained by lassi prepared with 15 per cent (T3) custard apple pulp, while the lowest score (8.35) was obtained by plain lassi (T1). The sensory scores for overall acceptability of custard apple lassi treatments T1, T2, T3, and T4 were 8.33, 8.35, 8.39, and 8.36, respectively. It was observed that the custard apple lassi prepared from 85 parts cow milk and 15 parts custard apple pulp was most acceptable and ranked between like very much to like extremely. The addition of a higher proportion of pulp in the lassi was scored towards the lower side by a panel of judges.

Transcultural Adaptation of the “Caregiver Guilt Questionnaire” (CGQ)

ABSTRACT Objectives To implement a transcultural adaptation of the Caregiver Guilt Questionnaire (CGQ) for the Brazilian population. Methods Five stages were involved in the adaptation: two independent translations by Brazilian nationals fluent in Spanish; summary of translations produced; back-translation; evaluation by expert panel of judges (n = 5); and lastly, assessment by family caregivers (n = 30). Results semantic changes were made to render the items more relevant to Brazilian culture and replicate the five factors of guilt proposed by the original questionnaire. Conclusions A Brazilian version of the questionnaire was produced and transculturally adapted for use in Brazil, allowing future validation and application. Clinical implications The CGQ allows healthcare professionals to quantify feelings of guilt. Clinicians and clinical researcher can use the scale to obtain more precise interventions.

Criminal Law Policy against ‘Pratima’ Theft: Perspective of Balinese Customary Criminal Law

Law enforcement of the crime of Pratima theft in Bali does not provide a sense of justice for traditional law communities as victims. In response to this, it is necessary to construct law enforcement for the crime of Pratima theft to achieve a sense of justice, benefit, and legal certainty for the Balinese customary law community. This research method is sociological law (sociological jurisprudence), emphasizing the study of the operation of law in traditional law communities in Bali. The object of the study is the legal facts related to the crime of Pratima theft. Based on the research results, it was found that law enforcement prioritized legal certainty rather than social justice itself. The Balinese traditional law community desires fair and beneficial law enforcement. The provisions on the principle of legality in deciding pratima theft cases in Bali do not prevent the application of laws that exist in society. Judges should also apply customary criminal sanctions, thereby demonstrating that criminal law policies protect customary law communities. In imposing sanctions, the panel of judges is expected to be guided by the harmony of law enforcement objectives, based on local wisdom. The application of the Tri Hita Karana concept as local wisdom in customary criminal sanctions shows that criminal law policy provides a sense of justice and protects customary law communities as victims, and restores harmony in the lives of Balinese customary law communities.

Bad Faith in the Cancellation of the Trademark Decision No. 2/Pdt.Sus-HKI/2021/PN. Niaga Sby

In granting a decision to cancel the trademark, the judges interpreted the existence of bad faith with different reasons in their considerations. One of the cases of trademark cancellation due to bad intentions is Case Number 2/Pdt.Sus-HKI/2021/PN. The purpose of this study is to find out the relationship between the cancellation of registered trademarks at the Directorate General of Intellectual Property of the Republic of Indonesia related to bad faith and to find out how to analyze the reasons for the judge’s consideration in decision Number 2/Pdt.Sus-HKI/2021/PN. Sby’s business is related to bad faith. This research is a normative legal research, with a legal approach and a case approach. From this study, it was obtained that the relationship between the cancellation of a registered trademark and bad faith was seen from the beginning of the registration application process, so that the Panel of Judges in deciding on a trademark cancellation decision, first looked at whether the element of bad faith had indeed existed from the beginning of the registration application, and regarding the juridical analysis of the decision of case 2/Pdt.Sus-HKI/2021/PN. Niaga Sby, Coffe Beer and Sari Temulawak Ngoro brandsThe Defendant was registered in bad faith from the beginning of the trademark registration without involving all heirs so that the Defendant hereby had bad intentions or bad faith because from the beginning of the registration, it was proven that there was bad faith by the Defendant. So juridically it has violated article 21 paragraph (3).

Pemeriksaan Setempat (Descente) Terhadap Anak dalam Sengketa Hak Asuh Anak: Analisis Putusan Hakim di Lingkungan Pengadilan Agama di Indonesia

Descente or site visit are usually carried out on material cases, such as inheritance cases, joint property, sharia economics and so on, with the aim of avoiding difficulties in carrying out the execution of decisions at a later date. However, in several decisions, site visit were also found in cases other than material things, including in disputes over child custody or hadhanah by examining Decision Number 1063/Pdt.G/2022/PA.Tgm, Decision Number 627/Pdt.G/2023/ PA.Prw and Decision Number 585/Pdt.G/2020/PA.Ppg. This research is normative legal research or library research with a conceptual approach which examines primary data from several judicial decisions in Indonesia such as the Tanggamus Religious Court, the Pringsewu Religious Court and the Pasir Pangaraian Religious Court. The results of the research show that the implementation of site visit of children is the same as site visit of material cases and there are two reasons why the panel of judges conducts site visit of site visit of these cases, namely: directly ensuring the objective condition of the child and the child's growth and development and also ensuring environmental conditions. around the child in order to realize the best interests of the child. Site visit of children, apart from fulfilling the best interests of the child, also fulfills the objectives of Islamic law in maqāṣid asy-syarīah, namely hifz al-nafs or soul.

Application of Criminal Sanctions for Perpetrators of Tax Crimes (Case Study of Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt)

This study aims to find out and describe the mechanism for resolving the application of sanctions for tax crime perpetrators and the consideration of the Panel of Judges in applying criminal sanctions to tax crime perpetrators as stated in Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt where the Panel of Judges imposes a prison sentence of 2 (two) years and 6 (six) months, which is lower than 9 (nine) months compared to the Public Prosecutor's demands. The type of data in this study is secondary data. The data collection technique uses the library search method, which is to systematically study and analyze laws and regulations, books, magazines, newspapers, materials from the internet and other materials related to the object of research, namely tax crimes. Based on the results of research on tax crime cases at the West Jakarta District Court with Decision number: 213/Pid.Sus/2021/PN.Jkt.Brt with the Defendant Bambang Purwosetiyo, Judge's Consideration Based on the Testimony of Witnesses, Evidence, Public Prosecutor's Indictment and Public Prosecutor's Demands. Based on these considerations, the Judge stated that the Defendant must be declared to have been legally and convincingly proven to have committed a criminal act. In addition, during the examination at the trial, the Judge did not see that the Defendant was suffering from an illness, the Defendant was able to answer well and smoothly the questions posed to him, both by the Panel of Judges, the Public Prosecutor, thereby strengthening the opinion and confidence for the Panel of Judges that the Defendant is able to be responsible according to criminal law for the acts he committed. The judge decided to impose a prison sentence of 2 (two) years and 6 (six) months and a fine 2 x 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), while the Public Prosecutor demanded a prison sentence of 3 (three) years and 3 (three) months and a fine of 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), thus the Judge's decision is 9 (nine) months lower than the Public Prosecutor's demand. There is no detailed explanation regarding the Judge's consideration in deciding on a prison sentence that is 9 (nine) months lower than the Public Prosecutor's demand.

In-depth and Comprehensive Analysis of Divorce Cases Due to Domestic Violence from a Family Law Perspective

Domestic violence is one of the reasons that can be used to file for divorce in family law in Indonesia. However, the process of proving violence often poses a huge obstacle and becomes a very serious problem for the party applying for divorce. In this article, we will analyze in depth, thoroughly and comprehensively a divorce case based on domestic violence from the perspective of family law in Indonesia. We will examine in detail, in detail and in great detail the evidence presented, the legal basis used, and the judge's considerations in deciding this case. Apart from that, we will also look at the impact of this decision on the development of family law in Indonesia in a very deep, thorough and comprehensive manner. In its considerations, the panel of judges stated that based on the evidence presented, it was legally and convincingly proven that the Defendant had committed physical and psychological violence which was categorized as "cruelty or serious abuse that endangers the wife" in accordance with Article 116 letter (g) of the Compilation of Islamic Law and violates the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

Business Competition Cases Related to Restrictions on Distribution/Sales of Goods in KPPU Decision Number 15/KPPU-I/2022

Market dominance also includes activities that limit the circulation and/or sale of goods and/or services in the relevant market. Related to these activities, these are activities that fall into the category prohibited by law, more precisely activities prohibited by Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This happened in the case of cooking oil in Indonesia, which in 2021 experienced a shortage. In the decision of the KPPU Panel of Judges, out of 27 Reported Parties, only 7 reported parties were proven legally and convincingly to have committed violations according to Article 19 letter c. The approach used is the rule of reason and an important part to handle the existence of elements of activities to limit the circulation and/or sale of goods and/or services in the relevant market. Restrictions on the circulation/sale of goods in this case cooking oil which causes a shortage are very detrimental to the community. The importance of law enforcement, therefore the KPPU has determined that a law enforcement process will be carried out after evidence of alleged violations of Law Number 5 of 1999 is found

PENINJAUAN KEMBALI KEDUA DALAM PERKARA PIDANA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7 TAHUN 2014

The right of review is the right of the perpetrator, in contrast to ordinary legal remedies whose application is enshrined in Article 268 paragraph (3) of the Criminal Code. However, in SEMA Number 7 of 2014, a review can be submitted on the grounds that there is a conflict between the decisions. Through Decision 467 Pk/Pid.Sus/2021, the panel of judges decided that the application was unacceptable. From the description above, the author intends to analyze two main issues to be examined, namely whether the decision is in accordance with the Criminal Procedure Code, and whether the reason for the decision is not acceptable to the application. In this paper, the author conducts a descriptive analysis method. Based on the discussion presented in this paper, it is concluded that the decision is not in line with Article 79 of Law Number 14 of 1985 concerning the Supreme Court, using the reason that there is no contradiction submitted as evidences as required in SEMA Number 7 of 2014

Perpetrator Abuse Narcotics Ongan Goal 1 Based on Perspective Sociology Law

Narcotics is drug or material Which beneficial in field treatment, health services and scientific development, but on the other hand it can give rise to dependence Which very harm if used without there is control, strict and thorough supervision... As in the previous case researchers found in South Labuhabatu district, North Sumatra province, namely decision number: 792 K/PID.SUS/2017. In this case a defendant who named Misniar Wati Harahap alias Wati is a narcotics criminalWhere should judge consider verdict Which given to defendant.And should judge aggravate punishment Which given to convict. Type study in This legal research is normative or doctrinal legal research. In Judgment Number 792 K/PID.SUS/2017, the author agrees with the Decision of the Panel of Judges which judge that defendant violate Chapter 111 paragraph (1), 114 paragraph (1), 127 Paragraph (1) letter a Law. R.I. No. 35 of 2009 concerning Narcotics, because the elements of This article was proven as a fact before the Court, so It is correct that the Amar/Contents of the Judges' Decision stated that MISNIAR WATI HARAHAP alias WATI has been legally and convincingly proven guilty of committing criminal offense "Narcotics Abuse Category I" for myself and the author concluded that the legal considerations of the panel of judges in handing down the decision This is not in accordance with the applicable provisions based on all the facts as well as the evidence revealed within trial.

Unmasking large language models by means of OpenAI GPT-4 and Google AI: A deep instruction-based analysis

Large Language Models (LLMs) have become a hot topic in AI due to their ability to mimic human conversation. This study compares the open artificial intelligence generative pretrained transformer-4 (GPT-4) model, based on the (GPT), and Google's artificial intelligence (AI), which is based on the Bidirectional Encoder Representations from Transformers (BERT) framework in terms of the defined capabilities and the built-in architecture. Both LLMs are prominent in AI applications. First, eight different capabilities were identified to evaluate these models, i.e. translation accuracy, text generation, factuality, creativity, intellect, deception avoidance, sentiment classification, and sarcasm detection. Next, each capability was assessed using instructions. Additionally, a categorized LLM evaluation system has been developed by means of using ten research questions per category based on this paper's main contributions from a prompt engineering perspective. It should be highlighted that GPT-4 and Google AI successfully answered 85 % and 68,7 % of the study prompts, respectively. It has been noted that GPT-4 better understands prompts than Google AI, even with verbal flaws, and tolerates grammatical errors. Moreover, the GPT-4 based approach was more precise, accurate, and succinct than Google AI, which was sometimes verbose and less realistic. While GPT-4 beats Google AI in terms of translation accuracy, text generation, factuality, intellectuality, creativity, and deception avoidance, Google AI outperforms the former when considering sarcasm detection. Both sentiment classification models did work properly. More importantly, a human panel of judges was used to assess and evaluate the model comparisons. Statistical analysis of the judges' ratings revealed more robust results based on examining the specific uses, limitations, and expectations of both GPT-4 and Google AI-based approaches. Finally, the two approaches' transformers, parameter sizes, and attention mechanisms have been examined.

Juridical Review of Delik Culpa on Traffic Accident Cases

This study aims to determine the application of material criminal law to the crime of traffic negligence that results in the loss of life of another person in decision Number 142/Pid.Sus/2020./PN Jap and to find out the legal considerations by the panel of judges in imposing a penalty in the form of a penalty for the crime of traffic negligence that causes casualties Number 142/Pid.Sus/2020./PN Jap. This research was carried out by collecting data through literature research. In the study, it was found that, in decision number 142/Pid.Sus/2020./PN Jap, the indictment prepared by the Public Prosecutor had met the formal and material requirements. In his demand, the Public Prosecutor demanded that the defendant be guilty of committing the crime of traffic negligence Article 310 paragraphs (4), (3), and (2) No. 22 of 2009 concerning Road Traffic and Transportation by the first indictment, based on the legal facts, both witness statements and the defendant's statements as well as the elements contained in the indictment are considered to have been proven by the Public Prosecutor so that the acts and the elements of the article match each other. The Judge's consideration in Applying criminal provisions against the perpetrators, in this case, is appropriate where the judge has considered both juridical considerations, trial facts, witness statements, existing evidence, judge's beliefs, and support matters. Based on the facts at the trial, the Panel of Judges considered that the defendant could be held responsible for the acts committed with the consideration that the defendant had been legally proven which resulted in the death of another person so the defendant was sentenced to a commensurate sentence.

Relevansi Batas Usia Perkawinan di Indonesia: Perspektif Madzhab Syafi’i dan Kompilasi Hukum Islam

This research is motivated by the existence of age limits for marriage in Indonesia. The aim is for the common good in building a household built through a marriage bond, although in reality, early marriage can still be carried out by submitting a marriage dispensation through the courts for specific reasons. The focus of this research is: (1) How is the argument of the Syafi'i school of thought about the age limit for marriage; (2) How is the age limit for marriage in the Compilation of Islamic Law (KHI); and (3) The relevance of the age limit for marriage in Indonesia from the perspective of the Syafi'i School of Thought and the Compilation of Islamic Law. The type of research used in this research is library research, namely by using data from books or books that are in accordance with the title of the research as a source of study, along with reviewing and reading writings and books that are related to the object of discussion. The approach used by researchers in this writing is normative, in the sense of trying to examine the law that has been conceptualized as rules and norms that have been applied in society and become a legal reference for everyone. The results of this study, in the view of the Syafi'i School, the age limit for marriage is seen from maturity, namely when he has reached puberty. Among the signs for someone who has reached puberty is the release of semen for men, usually at the age of 12 years, and menstruation for women, usually at the age of 9 years, because for someone who has reached the nature of puberty and aqil, it means that they have become ahliyah al-ada' who can be burdened with the responsibilities of sharia such as muamalah and other transactions. On the other hand, the Compilation of Islamic Law has provided an age limit for marriage, namely 19 years for men and 16 years for women, because Indonesian scholars see several factors that limit the age of marriage, such as avoiding early marriage, which has a terrible impact on married couples. Regarding its relevance in its implementation in Indonesia, the age limit for marriage in the Compilation of Islamic Law has been determined. However, if you still want to marry under the age that has been determined, you must go through a trial process to request a marriage dispensation from the panel of judges. The opinion of the Syafi'i School can be a choice that can be considered by the panel of judges to approve a marriage dispensation, namely the adequacy of the age of puberty as one indicator of maturity.

The Application of Rehabilitation Sentences for Narcotics Addicts (Case Study of North Jakarta District Court Decision Number 115/Pid.Sus/2023/PN Jkt. Utr)

The crime of narcotics offenses is considered an extraordinary crime. Law Number 35 of 2009 concerning Narcotics, Article 1 point 13, states that a Narcotics Addict is a person who uses or abuses Narcotics and is in a state of dependency on Narcotics, both physically and psychologically. Narcotic rehabilitation is one of the efforts to save addicts from the shackles of narcotics and the dangers that accompany them. There are three stages of narcotic rehabilitation in Indonesia: medical rehabilitation, non-medical rehabilitation, and advanced rehabilitation. The problem formulation in this study is how the rehabilitation punishment for narcotics addicts is applied and how the analysis of the considerations of the Panel of Judges of the North Jakarta District Court in imposing rehabilitation sanctions in decision number 1151/Pid.Sus/2023/PN Jkt.Utr. The type of research in this legal research proposal is normative legal research, focusing on the applicable legal norms, namely positive legal norms in the form of legislation. The results of the study show that the provisions for rehabilitation for narcotics addicts are stipulated in Articles 54 and 127 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, the classification of user groups is regulated in the Circular of the Supreme Court No. 4 of 2010 concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts in Medical and Social Rehabilitation Institutions. The judge's basis for sentencing the Defendant to undergo treatment and/or care at a medical/social rehabilitation institution refers to the provisions of Article 103 jo Article 127 paragraph 2 jo Article 54 of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics jo Circular of the Supreme Court of the Republic of Indonesia No. 4 of 2010 dated April 7, 2010, concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts into Medical and Social Rehabilitation Institutions, as well as other legal facts revealed in the trial.

Analisis Prosedur Pelaksanaan Itsbat Nikah Terhadap Perkawinan Sirri Berdasarkan Putusan Nomor : 473/PDT.P/2022/PA.LLG di Pengadilan Agama Lubuklinggau Kelas 1 B

The procedure for implementing itsbat nikah provides legal protection because they obtain legal certainty from their marriage bond, so that all their rights can be recognized and protected. The purpose of this study is to find out and analyze the procedures for carrying out itsbat nikah, judges' considerations in deciding itsbat nikah cases and the factors that cause the applicant to apply for itsbat nikah based on decision number: 473/pdt.p/2022/PA.LLG. This type of research in legal research includes normative-empirical research. The approach used in this study is a legal approach in the form of legal norms, namely Law of the Republic of Indonesia Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law. The data collection techniques used are primary data and secondary data. The results of the study show that the procedure for implementing itsbat nikah is in accordance with the Book II Guidelines for the Implementation of Duties and Work Procedures of the Religious Courts. Consideration of the panel of judges in granting the itsbat of marriage to a siri marriage if it is in accordance with the pillars and conditions of Islamic marriage as well as the legal basis considerations, examines the case, its benefits, and puts forward syar'i arguments in its deliberations. The factor that became the reason for the applicant submitting hisbat marriage based on the decision number: 473/pdt.p/2022/PA.LLG was to complete the Umrah registration requirement investigators focus on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage.

Tanggung Gugat Sengketa Hak Pertanahan Terhadap Pembeli yang Beritikad Baik

The purpose of this study is to determine the legal basis or legal considerations of the panel of judges in deciding Civil Case Number 29/Pdt.G/2023/PN.Mjk. To find out these problems, the author uses Normative Research methods, legislative approaches, scientific journals, court decisions, with Library data collection techniques, and descriptive and qualitative analysis.The result of the author's analysis is that he disagrees with the judge's consideration in deciding the case, with considerations including the existence of procedures or conditions for the legal acquisition of sale and purchase of land based on Legislation, as well as the existence of a Supreme Court Circular Letter governing Good Faith Buyers, and the absence of strict regulations governing legal protection for good faith buyers, causing multiple interpretations of existing rules and resulting in different court decisions even in the same type of case.

DISSENTING OPINION: A DIFFICULT PATH TO FINDING THE TRUTH (BASED ON THE EXAMPLE OF UKRAINIAN JUDGES' INTERPRETATION OF CRIMINAL PROCEDURAL LAW)

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision.

The efficacy of imagery-based instruction for expressive performance: a study of university musicians’ practice

ABSTRACT In this study, we investigated how musicians use descriptive imagery to perform expressively. The study’s procedure was carried out by university musicians alone in a naturalistic practice environment. They recorded their performance of two melodies both before and after receiving imagery-based instruction designed to make performance of the melodies very expressive. Participants read and considered a teacher’s expressive instructions for each melody, practiced in light of it, and recorded a final expressive performance, transcribing their thoughts while practicing. Results showed that ratings of expressiveness increased significantly from pretest to posttest, indicating that the imagery-based instruction was effective at improving participants’ expressive performance quality. Also, some musicians used a cognitive translation process, by which they explicitly generated plans for the musical sound properties in their performance, but others exclusively reflected on and personalised the provided imagery in their thoughts. Further analysis revealed that scoring high in the use of the cognitive translation process corresponded with greater improvement in expressive performance. We were also able to identify ‘cases of mistaken expressivity’, i.e. instances when participants believed their performance had effectively improved, but a change in expressive sound properties was not perceived by the listeners who made up our panel of judges.

Tinjauan Hukum Islam Terhadap Putusan Cerai Gugat Beralasan Suami Terpidana Penjara

This in-conreto legal research delves deeper into the legal basis determined by the Panel of Judges in deciding on a divorce lawsuit because the husband is a convict. The research takes a case that has been determined in one of the Religious Courts in the Special Region of Yogyakarta number 0909/ Pdt.G/2011/PA.BTL (0909). The results are then discussed in more depth according to Islamic law. Through the exploration of the rules of fiqh and the proposals of fiqh as well as interviews with several judges, it can be interpreted that the judge's decision has referred to the interests needed in the family by avoiding the risks that may arise due to the father/husband being sentenced to prison for several years. In the review of Islamic law, the judge has fulfilled the rules of fiqh and followed the fatwa of the agreed-upon fiqh school of thought.