Concept Of Law Research Articles

Techno-Economic and Environmental Analysis of a Hybrid Power System Formed From Solid Oxide Fuel Cell, Gas Turbine, and Organic Rankine Cycle

Abstract Distributed energy technology is an essential pathway for future advancements in the field of energy technology. In the present study, organic Rankine cycle (ORC) is integrated with solid oxide fuel cell (SOFC)-gas turbine (GT) hybrid power system. The conventional metrics employed for assessing the performance of SOFCs, gas turbines, and organic Rankine cycles, such as voltage and gross real efficiencies, have some limitations as indices of merit. Contemporary second law concepts and economic and environmental analysis have been used to enhance hybrid power system evaluation. R1233zd(E) has been selected as the ORC working fluid. The outcomes reveal that, under certain conditions, the present configuration may reach 55.67% energy efficiency and 53.55% exergy efficiency. Economic and environmental analysis shows that the hybrid system's total cost rate and Emissions of CO2 gas (EMI) under design conditions are 36.09 $/h and 355.8 kg/MWh, respectively. Thermodynamic evaluation of present SOFC-GT-ORC configuration shows 11.72% improvement in exergy efficiency compared to hybrid SOFC-GT cycle. Consequently, the hybrid SOFC-GT-ORC system is far better than the hybrid SOFC-GT system. In the future, other ORC fluids like R123, R601a, and R245fa can be used as ORC fluids.

Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law

Abstract Scholars in recent years have shown interest in challenging the historical origins of international law and its normative claims to universality. This Article challenges the prevailing conceptions of Islamic international law (al-siyar), first set out in English-language scholarship by Majid Khadduri, as primarily an ad-hoc response to the failed aspiration of a universal Muslim commonwealth. It shows that Islamic international law, in its classical phase (eighth–thirteenth centuries), as first formulated by Iraqi, and later, Central Asian, scholars (who together later came to be known as Ḥanafīs), understood all legal order as being rooted in sovereignty and territoriality, with shared religion a secondary concern. This theory of legal order arose out of an understanding of political order as emerging from a natural and universal condition of war that is incidental to the individual’s natural sovereignty. I trace the genealogy of this conception to the founding moment of the Muslim commonwealth and describe its manifestation in classical Ḥanafī solutions to a series of cases in “private international law.”

К вопросу о понятийном аппарате семейного права: определение юридических категорий «семья» и «брак»

In the article the author shows the necessity and expediency of legislative consolidation of the basic concepts of family law. The author makes a conclusion about the impossibility of a normative definition of the social institution “family” and the necessity of determining such categories as “family member” and “marriage”.

Mode-II stress intensity factors for special-shaped cylindrical shells in torsion

Special-shaped cylindrical shells in torsion are encountered in engineering applications, which will induce the Mode-II singular stress fields next to circumferential crack tips. The Mode-II stress intensity factor (SIF) represents the strength of these singular stress fields and is an important fracture parameter. The crack problems for the cylindrical shells are typical finite boundary value issues. It is very difficult to get the exact solutions by using the classical theory of elasticity. In present article, based on the concepts of the conservation law and the elementary strength theory, a hybrid methodology to determine the Mode-II SIFs for circumferential cracked special-shaped cylindrical shells in torsion is suggested. Due to the introduction of elementary mechanics, the corresponding errors are also inevitably carried into the Mode-II SIFs. However, the finite element analysis indicates that the error of the Mode-II SIFs calculated by present method is acceptable.

Penegakan Hukum Tindak Pidana Pembunuhan Berencana terhadap Hakim

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.

Implikasi Keputusan Tata Usaha Negara Persetujuan Peningkatan Produksi Kontrak Karya dalam Penegakan Keadilan pada Peradilan Tata Usaha Negara

Environmental pollution occurs when the cycle of matter in the living environment changes so that the balance in terms of structure and function is disturbed. Imbalances in the structure and function of the material cycle occur due to natural processes or also due to human actions. In this modern age, there are many human activities or actions to fulfill biological needs and technological needs, thus causing a lot of environmental pollution. If there is a problem regarding environmental destruction or damage to the environment, it is almost certain that human activity is the main cause. The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The implications of the state administration's decision to approve increased production of work contracts, provisions containing the principle of absolute responsibility, cannot yet be implemented, considering that Article 21 of Law No. 23 of 1997 concerning Environmental Management with implementing regulations that have not been made has resulted in lawsuits in environmental cases. in courts requesting the application of the principle of absolute responsibility is often not accepted. Enforcement of environmental law through civil procedures is regulated in Chapter either based on an agreement between the parties or using the services of a mediator and/or arbitrator. A lawsuit via litigation (court action) can only be pursued if efforts to resolve the dispute outside of court are unsuccessful.

Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.

La giurisprudenza come fonte del diritto canonico Jurisprudence as a Source of Law

Starting with such a provocative title, the essay aims to answer the question of whether jurisprudence can be considered as a source of law in the canonical judicial system. In order to achieve the objectives of the present work, it is proposed not to observe a traditional path followed by those who interpret the provision of canon 19 of the current Code of Canon Law, but rather to consider jurisprudential creativity which represents, in its various manifestations, an unavoidable feature of legal experience. This premise helps to reconsider the source concept of law and systematizes the role of jurisprudential doctrine in the hierarchy of sources in the canonical legal system.

Implikasi Keputusan Tata Usaha Negara Persetujuan Peningkatan Produksi Kontrak Karya dalam Penegakan Keadilan pada Peradilan Tata Usaha Negara

Environmental pollution occurs when the cycle of matter in the living environment changes so that the balance in terms of structure and function is disturbed. Imbalances in the structure and function of the material cycle occur due to natural processes or also due to human actions. In this modern age, there are many human activities or actions to fulfill biological needs and technological needs, thus causing a lot of environmental pollution. If there is a problem regarding environmental destruction or damage to the environment, it is almost certain that human activity is the main cause.The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The implications of the state administration's decision to approve increased production of work contracts, provisions containing the principle of absolute responsibility, cannot yet be implemented, considering that Article 21 of Law No. 23 of 1997 concerning Environmental Management with implementing regulations that have not been made has resulted in lawsuits in environmental cases. in courts requesting the application of the principle of absolute responsibility is often not accepted.Enforcement of environmental law through civil procedures is regulated in Chapter either based on an agreement between the parties or using the services of a mediator and/or arbitrator. A lawsuit via litigation (court action) can only be pursued if efforts to resolve the dispute outside of court are unsuccessful.

Penegakan Hukum Tindak Pidana Pembunuhan Berencana terhadap Hakim

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.

Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.

Analisis Mengenai Diskresi dengan Freies Ermessen

This discretion has consequences from the concept of a welfare state law, where discretionary authority is a necessity for the state to implement welfare for society effectively and efficiently. Discretion also acts as a substitute or workaround for weaknesses in regulations, enabling governments to respond and handle unforeseen situations in a manner consistent with general principles of good governance. The aim of this research is to investigate and identify effective monitoring and accountability mechanisms for the use of Freies Ermessen in the legal system in order to increase integrity and fairness in decision making. The research method used in this research is a qualitative approach with descriptive methods and literature studies. A qualitative approach was chosen because it provides the ability to deepen and understand complex phenomena and allows researchers to explore various perspectives and relevant contexts. The research results show that regarding the use of Freies Ermessen in the legal system, there is a need to develop effective monitoring and accountability mechanisms. Transparency in the decision-making process, setting clear standards, and community involvement are key to ensuring that discretion is used with integrity and in accordance with legal principles. In addition, the role of an independent court system in examining decisions taken and strengthening accountability mechanisms for authority holders is essential in preventing abuse of power.

Criminal Justice System of Pakistan and the U.K: Similarities and Differences A Critical Analysis

This research paper has conducted a comprehensive analysis of the criminal justice systems of Pakistan and the United Kingdom. The presented comparison revolved around the systems’ parallels and differences in terms of their common colonial origin and diverging cultural and legal development. The respective methods of keeping law and order, conducting judicial proceedings, and structuring legal frameworks were analysed. The analysis has also compared the specific features of conducting the legal procedure in Pakistan characterized by the coexistence of common law and Islamic law concepts, and the one in the UK associated with a more stringent due process adherence. Finally, the introduced themes of the right, the role of the jury, and the socio-political environment of justice were analysed. The review paper a comprehensive account of the two criminal justice systems within the thematic framework of the chosen concepts. As such, the legal and sociocultural perspectives are integrated to explain the unique dynamics of a criminal justice system in the separate states.

현대 사회에서 헌법상 근로자 개념의 재구성

This study explores the necessity and direction for the reconstruction of the constitutional concept of workers in light of changes in the contemporary labour environment. The emergence of diverse forms of labour that transcend the traditional “blue-collar” worker calls for a reassessment of the concept of workers as defined by labour law. However, the Korean Constitutional Court bases its definition of constitutional workers on labour law, while the legislature has been reluctant to amend the provisions defining workers for decades. In this context, courts attempt to include various forms of labour by expanding the interpretation of existing legal definitions. However, such judicial interpretations seem insufficient to keep pace with changes in the labour environment, complicating the law’s consistency, thereby increasing the complexity and placing an undue political burden on the judiciary. Based on this analysis, this study emphasizes that the primary responsibility for encompassing new labour realities through legal amendments lies with the legislature, advocating the necessity to reset the constitutional concept of labour as a basis for legislation and a standard for constitutional review in the post-remedial process. To this end, this research reinterprets Hugo Sinzheimer’s concept of labour constitution in a contemporary context and derives indicators for a new concept of workers that surpass dependency theory, aiming to provide a legal foundation that can flexibly and resiliently respond to the complexities of the labour environment. This study proposes setting the concept of workers as a higher-order concept and, based on this, suggests ways to diversify the concept of labourers and labour laws at the legal level. Traditional labour relations will be covered by the regulation of existing labour laws, while emerging grey areas will be encompassed through individual labour laws. Such an approach to diversified individual labour laws ensures that the constitutionally granted labour rights and the diversity and specificity of labour relations are harmoniously reflected, ultimately guaranteeing an equal level of protection for all workers.

Теоретическая характеристика оценочных понятий в уголовном праве

В статье рассматривается одно из средств юридической техники – оценочные понятия в уголовном праве, дается их теоретическая характеристика, делается вывод о том, что существование оценочных понятий в уголовном праве объективно и необходимо, однако наблюдается потребность в выработке универсального стандарта их законодательного закрепления и интерпретации. The article considers one of the means of legal technique – evaluative concepts in criminal law, gives their theoretical characteristics, concludes that the existence of evaluative concepts in criminal law is objective and necessary, however, there is a need to develop a universal standard for their legislative consolidation and interpretation.

Значение структурно-функционального анализа для формирования понятийного аппарата права социального обеспечения

The round table conference held on September 20, 2023, by the Center for Labor and Social Security Law of the Lomonosov MSU and dedicated to the problems of the conceptual framework of social security law proved that the issues related to industry-specific concepts are relevant. Such issues include the development of concept definitions and the use of special terminological framework. Opinions of leading law scholars and famous economists studying social security issues that were expressed during the round table meeting will be reflected in further publications. In this article, the author pays attention to the importance of correct and accurate understanding of not only general key and generic concepts of social security law but also the concepts of the very first level of the social security law system: specific pensions, allowances, other security types as these are the elements that develop the initial idea of social security. The concepts are analyzed from the standpoint of systematic nature of the industry and taking into account the rules of the structural and functional analysis.

The concept and necessity of ‘control’ in the use of emerging technologies in commercial transactions

Abstract An understanding of the concept of ‘control’ is essential to understand recent developments in commercial law. This article charts the history of ‘control’, the need for this concept in contemporary commercial law, why ‘control’ is not the electronic equivalent of ‘possession’, and the necessary recent and future developments of this concept.

Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law

The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2; deriving from this the contracts related to private and family life (intimate contracts)3; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4; filling the term "digital contract type" with content5; classification of different kinds of interconnection of contracts (complex contracts).6 The author dedicates the study to the topic of whether Hungarian contract law can meet the challenges created by digitalization, which have not yet been identified in all its details, and what are the critical points that require consideration and action as soon as possible. After the summary of the digital legislation of the European Union the author identifies the effects of digitalization in relation to the Hungarian contract law and the special contracts resulting from digitalization. Finally, the author makes de lege lata and de lege ferenda conclusions in light of this topic.

OPTIMIZING CONFISCATION OF CORRUPTION ASSETS THROUGH CIVIL LAW

<p>For a long time, Indonesia has been facing the complexity of corruption cases. Corruption turns out to be more than just a legal issue. It is also a violation of people's economic and social rights. Poverty, significant social disparities, and overall state losses are also the result of corruption, so Indonesia must always find solutions to rampant corruption. The Follow the Money approach is one of the approaches used in Indonesia to combat corruption today. This approach also uses the main concept of the Corruption Eradication Law (UU PTPK), namely the concept of "state loss recovery" as a legal basis. The return of assets resulting from corruption in the realm of public and civil law is an important part of combating corruption in restorative efforts. Thus, it is expected that every legal source used in Indonesia can optimize the process of asset forfeiture to restore state losses caused by corruption, both in public and civil law.</p><p>Keywords: Corruption; Corruption Eradication Committee; Confiscation of Assets</p>

Dynamics of Progressive Law Implementation in Indonesia: Prospects and Challenges of Law in the Era of Industrial Society 4.0

<p class="TableParagraph"><em>This article aims to analyse the dynamics of progressive law implementation in Indonesia, as well as explore the various prospects and challenges facing the law in the Era of Industrial Society 4.0. The method used in this research is a literature review of publications in leading journals. Through literature analysis, this article identifies several factors that affect the implementation of progressive law in Indonesia, especially in the era of Industrial Society 4.0. First, there are challenges in terms of understanding and awareness of the concept and implementation of progressive law among legal practitioners and the general public. This limited knowledge and understanding can hinder the application of progressive law in everyday legal practice. Second, institutional factors also play an important role in the implementation of progressive law. Lack of government consistency along with commitment from legal institutions, such as the courts and the police, can hinder the implementation of progressive law. In addition, other challenges such as weaknesses in the judicial system and its bureaucracy, potential conflicts in values and culture, and imbalances in regulation can also be obstacles to the implementation of progressive law. This article also identifies the future prospects of progressive law implementation in Indonesia. With a growing awareness of the importance of progressive law in achieving social justice, there is potential for positive change. With growing awareness of the importance of progressive law in achieving social justice, there is potential for positive change. Improved legal education, training, and public awareness can strengthen the implementation of progressive law in Indonesia. Overall, this article concludes that the implementation of progressive law in Indonesia faces significant challenges, but also has bright prospects for the future. Collaborative efforts from various parties, including legal practitioners, legal institutions, and the general public, are needed to strengthen the implementation of progressive law and achieve better social justice in Indonesia.</em></p>