Emergency Law Research Articles

Analisis Pertimbangan Hakim Terkait Operasi Tangkap Tangan Tindak Pidana Narkotika

The problem in this research is what is the basis of the judge's considerations in Decision Number: 317/Pid.Sus/2021/PN.Plg, and whether Decision Number: 317/Pid.Sus/2021/PN.Plg is in accordance with the Laws of the Republic of Indonesia Number 35 of 2009 concerning Narcotics Juncto Emergency Law of the Republic of Indonesia Number 12/Drt/1951. This research is a type of normative research. Normative legal research is research that places law as a system of norms. The norm system in question is about principles, norms, rules from laws and regulations, court decisions, agreements and doctrines (teachings). Therefore, this research was carried out by analyzing the court and its general vision from various aspects of the case that occurred in Decision Number: 317/Pid.Sus/2021/PN.Plg. The results of the research showed that the basis of consideration used by the judge was the balance of the elements of the article being charged, the ability to take responsibility for the witch, the absence of justifiable and forgiving reasons and the presence of aggravating and mitigating circumstances. Decision Number: 317/Pid.Sus/2021/PN.Plg there is an error in the application of the article so that it is contrary to Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and the decision does not reflect the principles of justice, the principle of expediency and the principle of legal certainty.

Anomalous power-law behavior in the electrical impedance of endothelial cellular networks

In this paper, we report on the electrical impedance measurement of human endothelial cellular networks and show the existence of emergent power law behavior in its admittance. In particular, we find that the admittance scales with the frequency ω as ωα, with the exponent that varies with the degree of the disruption caused by the inflammation in the endothelial cellular network. We demonstrate that the power law of the measured electrical admittance can be understood by a simple percolation model of a large R–C (resistor–capacitor) network, which allows us to relate quantitatively and the intensity of inflammation. Our results suggest that the electrical properties of heterogeneous biomaterials, like living tissues, behave as a complex microstructural network.

Об обязательствах по национальному регулированию деятельности частных военных и охранных компаний: опыт Российской Федерации

This article is the next stage of the author's research in the field of international security problems, the emerging international emergency law (PIL) and is a continuation of the existing scientific and practical discourse on the problems of understanding legal problems related to the search for effective regulators in the field of PMSC activities. Considerable attention is paid to the analysis, search and formation of a modern concept of regulatory regulators of PMSC activities. Based on the study of international legal "soft" regulation, as well as the available examples of national regulation of a number of states, the article analyzes the existing draft legislative acts on the regulation of PMSCs in the Russian Federation. The methodology of the research includes the methods of general scientific, comparative political and legal analysis.

Emergent ecological patterns and modelling of gut microbiomes in health and in disease.

Recent advancements in next-generation sequencing have revolutionized our understanding of the human microbiome. Despite this progress, challenges persist in comprehending the microbiome's influence on disease, hindered by technical complexities in species classification, abundance estimation, and data compositionality. At the same time, the existence of macroecological laws describing the variation and diversity in microbial communities irrespective of their environment has been recently proposed using 16s data and explained by a simple phenomenological model of population dynamics. We here investigate the relationship between dysbiosis, i.e. in unhealthy individuals there are deviations from the "regular" composition of the gut microbial community, and the existence of macro-ecological emergent law in microbial communities. We first quantitatively reconstruct these patterns at the species level using shotgun data, and addressing the consequences of sampling effects and statistical errors on ecological patterns. We then ask if such patterns can discriminate between healthy and unhealthy cohorts. Concomitantly, we evaluate the efficacy of different statistical generative models, which incorporate sampling and population dynamics, to describe such patterns and distinguish which are expected by chance, versus those that are potentially informative about disease states or other biological drivers. A critical aspect of our analysis is understanding the relationship between model parameters, which have clear ecological interpretations, and the state of the gut microbiome, thereby enabling the generation of synthetic compositional data that distinctively represent healthy and unhealthy individuals. Our approach, grounded in theoretical ecology and statistical physics, allows for a robust comparison of these models with empirical data, enhancing our understanding of the strengths and limitations of simple microbial models of population dynamics.

Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.

ДОСРОЧНОЕ ОСВОБОЖДЕНИЕ ОСУЖДЕННОГО ОТ ОТБЫВАНИЯ НАКАЗАНИЯ В ЭКСТРЕМАЛЬНЫХ УСЛОВИЯХ: НЕКОТОРЫЕ ПРОБЛЕМЫ РЕГУЛИРОВАНИЯ

Based on the analysis of the provisions of the Federal Constitutional Law «On the State of Emergency», the Criminal Code of the Russian Federation, the Penal Code of the Russian Federation and other normative legal acts, a number of shortcomings in the regulation of parole, replacement of the unserved part of the punishment with a milder one and release from punishment due to the illness of the convicted person, accepted by the court in extreme conditions, that is, when natural disasters occur or a state of emergency or martial law is imposed. The article focuses on a number of issues: suspension of the convict’s right to apply for early release, leaving the possibility of such treatment with the administration of the institution or body executing the punishment; attribution of the convict’s participation in emergency rescue and other urgent work to the criteria for parole or replacement of the unserved part of the punishment with a milder one; imputation of post-penitentiary responsibilities related to the elimination of the consequences of extreme conditions; etc.

Consensus Statement of the National Association of EMS Physicians International Association of Fire Chiefs and the International Association of Chiefs of Police: Best Practices for Collaboration Between Law Enforcement and Emergency Medical Services During Acute Behavioral Emergencies

Emergency Medical Services (EMS) and law enforcement (LE) frequently work as a team in encounters with individuals experiencing acute behavioral emergencies manifesting with severe agitation and aggression. The optimal management is a rehearsed, coordinated effort by law enforcement and EMS providing the necessary interventions to address behaviors that endanger the patient, the responders, and the public. The purpose of this document is to provide guidance and direction in the shared responsibility of managing and caring for a person displaying behavioral instability with irrational, agitated, and/or violent behavior. This is a discussion of the roles of law enforcement, 9-1-1 call centers (hereafter referred to as the Emergency Call Centers or “ECCs”), Fire, and EMS. A coordinated and unified response enhances the safety and effective management of potentially serious situations posed by individuals experiencing such acute behavioral emergencies. This paper provides the framework for an approach endorsed by NAEMSP, IACP, and the IAFC.

Emergence of cosmic space and horizon thermodynamics from Kaniadakis entropy

Abstract Utilizing Kaniadakis entropy associated with the apparent horizon of the Friedmann-Robertson-Walker (FRW) Universe and applying the emergence of cosmic space paradigm, we deduce the modified Friedmann equation for a non-flat (n+1)-dimensional universe. Employing the first law of thermodynamics, we arrive at the same modified Friedmann equation, showing the connection between emergence of cosmic space and first law of thermodynamics. We also establish the condition to satisfy the Generalized second law of thermodynamics within the Kaniadakis framework. Our study illuminates the intricate connection between the law of emergence and horizon thermodynamics, offering a deeper insight through the lens of Kaniadakis entropy.

“They made me feel like I mattered”: a qualitative study of how mobile crisis teams can support people experiencing homelessness

BackgroundMobile crisis teams (MCTs) can be important alternatives to emergency medical services or law enforcement for low-acuity 911 calls. MCTs address crises by de-escalating non-violent situations related to mental health or substance use disorders and concurrent social needs, which are common among people experiencing homelessness (PEH). We sought to explore how an MCT in one city served the needs and supported the long- and short-term goals of PEH who had recently received MCT services.MethodsWe conducted 20 semi-structured interviews with service recipients of the Street Crisis Response Team, a new 911-dispatched MCT implemented in San Francisco in November 2020. In the weeks after their encounter, we interviewed respondents about their overall MCT experience and comparisons to similar services, including perceived facilitators and barriers to the respondent’s self-defined life goals. We analyzed interview transcripts with thematic analysis to capture salient themes emerging from the text and organized within a social-ecological model.ResultsNearly all respondents preferred the MCT model over traditional first responders, highlighting the team’s person-centered approach. Respondents described the MCT model as effectively addressing their most immediate needs (e.g., food), short-term relief from the demands of homelessness, acute mental health or substance use symptoms, and immediate emotional support. However, systemwide resource constraints limited the ability of the team to effectively address longer-term factors that drive crises, such as solutions to inadequate quality and capacity of current housing and healthcare systems and social services navigation.ConclusionsIn this study, respondents perceived this MCT model as a desirable alternative to law enforcement and other first responders while satisfying immediate survival needs. To improve MCT’s effectiveness for PEH, these teams could collaborate with follow-up providers capable of linking clients to resources and services that can meet their long-term needs. However, these teams may not be able to meaningfully impact the longstanding and complex issues that precipitate crises among PEH in the absence of structural changes to upstream drivers of homelessness and fragmentation of care systems.

EMS Paramedics and Law Enforcement Officers' Experiences with Joint-Response Efforts on Suspected Opioid Overdose Calls: A Qualitative Study.

In the United States, the opioid crisis remains a nationwide public health emergency. Narcan laws have increased medical collaboration between emergency medical services (EMS) paramedics and law enforcement officers (LEOs), yet research on joint opioid-response efforts with these first responders remains underexplored. Using a phenomenological approach, this study explores EMS paramedics and LEOs' experiences with joint-response efforts on suspected opioid overdose calls amidst the ongoing opioid crisis. Researchers conducted semi-structured interviews with 14 first responders (n = 8 EMS paramedics; n = 6 LEOs) from a large Central Florida emergency services district covering urban, suburban, and rural areas. Four major themes emerged: (1) facilitators to joint-response efforts; (2) barriers to joint-response efforts; (3) concerns for patient co-occurring behavioral health conditions; and (4) perceived solutions. Overall, participants described mutual respect, reliance, and communication as key facilitators, while barriers included conflicting on-scene priorities and differences in Narcan protocols. Concerns for co-occurring behavioral health (i.e., addiction and mental health) conditions among overdose patients included difficulties in assessing mental health and the availability of wraparound services, yet these concerns remained secondary to medical treatment during an opioid-related emergency. Key solutions included enhanced Narcan training for LEOs and increased availability of behavioral health services for long-term patient care. This research contributes to existing literature on opioid overdose response by specifically examining joint-response efforts between EMS paramedics and LEOs. These findings may be applicable to other partnering agencies such as mental health crisis teams and should be explored across behavioral health collaborations.

Effects of States' Methods for Estimating Nonfatal Overdose, United States, 2021.

Previous nonfatal overdose is a key risk factor for drug overdose death; however, current nonfatal overdose surveillance is limited to people who receive medical attention. We identified states that tracked nonfatal overdoses treated in prehospital and hospital care settings, assessed the effects of different surveillance methods on the magnitude of nonfatal overdose estimates, and estimated states' nonfatal-to-fatal overdose ratio. Two analysts independently reviewed state websites to characterize states' methods of capturing nonfatal overdose events from December 2022 through February 2023. We collected information on surveillance methods in 5 states that met the inclusion criteria, including data source, measure specification, drug(s) involved, and whether states performed deduplication or published mutually exclusive measure specifications to capture unique events across care settings. We calculated nonfatal-to-fatal overdose ratios to assess the effects of different data sources on estimates of nonfatal overdoses. Illinois, Maine, North Carolina, and West Virginia used syndromic surveillance data and New Jersey used hospital discharge data to track nonfatal overdose-related emergency department visits. Illinois and West Virginia tracked nonfatal overdose-related encounters with emergency medical services. Other states tracked opioid overdoses reversed following naloxone administration by emergency medical services, law enforcement, and community members. Maine, New Jersey, and West Virginia published nonfatal overdose information by using mutually exclusive measure specifications; the number of nonfatal overdoses per fatal overdose in these states ranged from approximately 5:1 to 14:1. Establishing a standard framework to combine data from existing national surveillance systems in prehospital and hospital care settings can improve nonfatal overdose estimates and enable comparisons between jurisdictions to help decision makers identify areas most in need of essential services.

Comparison of Laws that Impact Volunteer Response in Three Disaster-Prone Southeastern States.

As natural disasters become more frequent and severe, the ability of impacted states to rapidly scale up their capacity to respond and facilitate recovery through volunteers is ever more crucial. However, the legal landscape that may facilitate or hamper augmentation through volunteers has yet to be fully explored. This study utilized policy surveillance methodology to code relevant laws identified in searches using the Emergency Law Inventory database and Westlaw. We assessed laws in three natural disaster-prone states: North Carolina, South Carolina, and Georgia. We assessed the presence of liability protection, license reciprocity, and scope of practice laws for health care volunteers. Of the three assessed legal domains, liability protection for health care volunteers across all states contained the most robust language. Liability protections apply unless the health care volunteers act with reckless disregard, willful misconduct, or gross negligence. However, nuance exists based on which organizations (state vs charitable) volunteers are affiliated with to qualify for coverage. License reciprocity for out-of-state specific health care professions entering the impacted states was available across all three states. However, only Georgia enacted federal model legislation that provides additional flexibility regarding credentialing and liability protections. Lastly, very few laws addressed the scope of practice in impacted states. Comparisons of laws that impact the ability of health care volunteers to respond and recover from disasters are scarce. More research needs to be performed to better understand the laws that impact volunteers in emergencies, particularly as the public health system is overtasked when providing services to impacted communities.

Classification of classical spin liquids: Typology and resulting landscape

Classical spin liquids (CSL) lack long-range magnetic order and are characterized by an extensive ground-state degeneracy. We propose a classification scheme of CSLs based on the structure of the flat bands of their Hamiltonians. Depending on absence or presence of the gap from the flat band, the CSL are classified as algebraic or fragile topological, respectively. Each category is further classified: the algebraic case by the nature of the emergent Gauss's law at the gap-closing point(s), and the fragile topological case by the homotopy of the eigenvector winding around the Brillouin zone. Previously identified models of CSLs fit snugly into our scheme, on a landscape where algebraic CSLs are located at transitions between fragile topological ones. It also allows us to present new families of models illustrating this landscape, which hosts both fragile topological and algebraic CSLs, as well as transitions between them. Published by the American Physical Society 2024

Occupational and Personal Challenges During the Opioid Crisis: Understanding First Responders' Experiences and Viewpoints of Clients with Opioid Use Disorder.

This study provides preliminary findings on the experiences of first responders during the opioid crisis and their viewpoints regarding whether clients with opioid use disorder deserve medical rehabilitation. Understanding associations between first responder experiences and viewpoints of client deservedness can help reduce stigma, improve compassionate care, and identify training gaps. Analyses were run with data from a nationwide survey of Emergency Medical Services-providers and law enforcement workers collected from August to November 2022 (N = 3836). The study used univariate statistics and ordered logistic regression to understand first responders' experiences and viewpoints on client deservedness, as well as the relationship between the two. Results show a negative correlation between responding to overdose calls and perceiving clients with opioid use disorder as deserving of medical rehabilitation. Law enforcement, males, and conservatives also had negative viewpoints. Conversely, having a friend experience addiction and believing addiction has had a direct impact on respondents' lives predicted increases in client deservedness. Policy should focus on creating spaces where first responders can have positive interactions with people who use drugs or are in recovery. Better training is needed to help first responders manage on-the-job stressors and understand the complexities of addiction.

Population Checks and Natural Laws: Malthus, Climate Determinism and Emigration

Through the lens of emergent laws of climatology developed to advance the scientific foundations and popular reach of practical meteorology in the nineteenth century, this article examines the checks on population and the global movement of people linked to reoccurring climate patterns and abnormal climatic events. Meteorological research contributed to debates within political economy and the public health movement, and to the disputed moral rationale for poor law reform. Scientific authority for this new analysis rested on a network of personal, religious, and professional links between T.R. Malthus, Thomas Chalmers, Francis Jeffrey, David Brewster, James D. Forbes, James Stark, Edwin Chadwick and William Pulteney Alison. The work of climate determinists argued that several causations were simultaneously affecting the nation’s vital statistics. The potential advantage to health from moving on a permanent basis to a more salubrious climate was explored. Adding further to the conundrum of colonisation, and the case for assisted migration, the laws of climatology offered reasons why any migrants pulled into parts of urban and Highland Scotland by freed resource – the vacuum effect – would still experience a positive Malthusian check on their life chances.

Legal regulation of the grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine in the conditions of the legal regime of martial law and state of emergency

The scientific article studied and explained the content of the legal and regulatory grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine. This problem is understudied.
 With the help of general and special methods of scientific knowledge, the authors have researched the laws of Ukraine, current subordinate legal acts and scientific sources that regulate the grounds for the use of weapons of ships, boats and support vessels of the State Border Guard Service of Ukraine.
 The work clarified the content and features of the legal support for the use of weapons of ships, boats and vessels.
 It has been established that the measures of the legal regime of martial law or a state of emergency, in the implementation of which the state border protection authorities take part, determine the possibility, necessity and grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine.
 Most of the reasons for the use of the weapons of ships and boats can be aimed at ensuring the measures of the legal regime of war, and in some cases, the state of emergency. In such conditions, the subordination of ships, boats and support vessels of the State Border Service of Ukraine may change, which determines the entity that grants permission to use their weapons after a warning.
 The authors come to the conclusion that the reasons for the use of weapons by ships, boats and vessels of the State Border Guard Service of Ukraine, which are defined in the laws of Ukraine, are aimed at the forcible termination of offenses and crimes, ensuring compliance with measures of martial law and state of emergency. The blanket form of the norms regulating the grounds for the use of weapons on ships and boats makes it necessary to refer to other laws and subordinate legal acts of Ukraine and to take into account the specifics of the law enforcement, service and combat activities of the State Border Guard Service of Ukraine and the conditions of the legal regime of martial law or a state of emergency.

Multidisciplinary Collaboration Within Air Medical Transport: It Takes a Team.

The success of each air medical transport mission is dependent on the coordinated efforts of communications specialists, aviation personnel, medical crew members, referring hospitals, local emergency medical services, and fire and law enforcement personnel. Expedited, efficient, and safe patient transport is made possible through the collaboration of all the aforementioned disciplines. In this specialized, unpredictable, and high-pressure environment, each entity plays its own crucial role in rapidly delivering critical care directly to the patient in need.

ON THE NECESSITY OF ADOPTING THE NATIONAL PROGRAM FOR OVERCOMING THE EDUCATIONAL LOSSES AND EDUCATIONAL GAPS IN HIGHER EDUCATION

The article presents the problems of overcoming of educational losses through the prism of normative regulation and planning of the post-war development of higher education in Ukraine. It is noted that in the conditions of hostilities, the problem of moving a significant number of participants of educational process to safer regions within Ukraine and abroad has become urgent. It is noted that the Ministry of Education and Science of Ukraine provides regulatory and legal support for the functioning of education and science system and issues orders on the securement of safe educational environment, the organization of education, the educational process, etc., which are not regulated by law during martial law, emergency or state of emergency (special period). The article proposes the development of the National Program for Overcoming the Educational Losses and Educational Gaps, which will be effective both during the period of martial law (special period) and after its end and will provide for the improvement of legislation, the definition of the terms “educational losses” and “educational gaps”, will establish the obligation of monitoring the quality of higher education, analysis and introduction of security components for higher education, in particular in the field of distance learning and components of psychological assistance for students, teachers and staff.

Role of Sumenep Community Related Development of Culture-Based Tourism in Sumenep Regency

Sumenep is currently beginning to reveal its identity to the people of Indonesia, with its new motto Sumenep City of Keris. This motto is being promoted to the community to introduce the culture of the city. However, it is unfortunate that the opportunity of the keris industry in Sumenep Regency cannot provide a positive contribution to the economic welfare of the population in Sumenep Regency, mainly due to the lack of support from the Sumenep Regency Government in formulating policies, which is still not optimal. The sensitivity of the local government is indeed being tested, especially with the existence of Republic of Indonesia Emergency Law Number 12 of 1951. After Sumenep City declared itself as the city of keris, it is feared that there will be many people who will need legal protection if they want to bring heritage items such as keris in the future. This emergency law is also considered outdated or obsolete by researchers because it no longer suits the current situation and conditions. In this study, the researcher used normative research methods with legislative approach and case approach. The legal materials used are primary and secondary legal materials using descriptive analysis techniques, systematic techniques, and argumentation techniques. The goal is for the local government to educate and introduce the Culture and Local Wisdom in Sumenep Regency to the elements of the community, and for the people of Sumenep Regency to develop tourism based on Culture and Local Wisdom in Sumenep Regency.

Legal Protection for Carriers of Keris as Cultural Heritage Objects for the Development of Keris Cultural Progress: Analysis of Decision Number 94/pid.sus/2013/PN.Smp

Sumenep is now beginning to reveal its identity to the people of Indonesia, with its new motto "Sumenep City of Keris." This motto is being introduced to the public to introduce the culture of the city. However, it is regrettable that the opportunity for the keris industry in Sumenep Regency cannot contribute positively to the economic welfare of the population there, due to the lack of support from the Sumenep Regency Government in making policies, which is still insufficient. The sensitivity of local governments is currently being tested, especially with the existence of Emergency Law Number 12 of 1951 in Indonesia. After Sumenep City declared itself a city of keris, it is feared that many people will need legal protection if they want to carry heirloom items such as keris in the future. Researchers consider this emergency law to be outdated or obsolete because it no longer fits the current situation and conditions.