Settlement Law Research Articles

Eradication of Corruption in Local Governments Based on Cooperation Agreements

Eradication of corruption requires cooperation between state institutions. The weakness of criminal law settlement does not return state losses. There is a Cooperation Agreement between the Ministry of Home Affairs, the Indonesian National Police (Polri), and the Prosecutor's Office regarding the handling of public reports on allegations of corruption in local governments. The purpose of this study is to analyze the handling of corruption cases based on positive Indonesian law and the obstacles faced by law enforcement officers in implementing the cooperation agreement between the Ministry of Home Affairs, the Prosecutor's Office, and the National Police against Article 4 of the Corruption Eradication Act. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional literature searches and online. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results of the study indicate that law enforcement for criminal acts of corruption is carried out by the Corruption Eradication Commission based on the Law of the Republic of Indonesia Number 30 of 2002. The Indonesian National Police based on the Law of the Republic of Indonesia Number 2 of 2002 and the Criminal Procedure Code has the authority to conduct investigations and investigations in special criminal cases. corruption. The Law of the Republic of Indonesia Number 16 of 2004 has explicitly stated that the Prosecutor's Office has the authority to investigate criminal acts of corruption. The authority to adjudicate cases of criminal acts of corruption is regulated in the Law of the Republic of Indonesia Number 46 of 2009. The Cooperation Agreement between the Ministry of Home Affairs, the Police, and the Prosecutor's Office hampers the law enforcement process carried out by the Police and the Prosecutor's Office in processing suspected perpetrators of corruption. Every report of corruption from the public is not immediately followed up by the Police and the Prosecutor's Office as law enforcement officers. The case was first examined by the government's internal supervisory apparatus. With the cooperation agreement, law enforcement officers cannot follow up on reports and evidence.

Mining footprint of the underground longwall caving extraction method: A case study of a typical industrial coal area in China

Longwall caving mining (LCM) can lead to many environmental problems that have drawn worldwide attention. A previous survey found that most scholars tend to analyze the two issues separately, that is, coal mining-induced subsidence and heavy metal pollution sources in the soil of the mining regions. Based on field monitoring as well as the collection and analysis of soil samples, a previous study estimated ground settlement and analyzed the surface subsidence law and spatial distribution characteristics of heavy metals in soils. Moreover, a geographic information system was combined with multivariate statistical analysis methods to analyze the heavy metal pollution sources in soils. At the same time, the mechanism of heavy metal accumulation in the subsidence area was analyzed. The study found that the most active subsidence of settlement was 137.5 m behind the workface and moved forward with the workface. LCM has already caused significant disturbance to the soils in the Hengyuan Mine. Moreover, the distribution pattern of eight heavy metals was consistent with the surface subsidence law. The sources of heavy metal pollution in the soils were also identified; namely, coal mining-induced subsidence (64.1%) and mixed transportation and wind-mediated spread (35.9%), offering a reinterpretation of the LCM’s footprint.

Ground loss model for analyzing shield tunneling-induced surface settlement along curve sections

The shield tunneling along the curve section is widespread in cities. This paper proposes a ground loss model for shield tunneling along such sections. A prediction formula for the surface settlement was deduced using the mirror theory and the Mindlin solution, and a finite difference model was constructed based on the Changsha power tunnel engineering project. The law of surface settlement caused by shield tunneling along a curve section was analyzed. The theoretical prediction results and numerical simulation results were found to be in good agreement with the field monitoring data, proving the correctness of the proposed ground loss model and theoretical prediction formula. The over-cutting gap causes the transverse surface settlement to be asymmetrically distributed, whereas the integrative gap at the shield tail causes it to be symmetrically distributed. The transverse surface settlement curve is nonuniformly distributed in a “V” shape when shield tunneling along the curve section. The surface settlement is maximum inside the curve section, and the settlement value inside the curve section is greater than that outside, which is different from the surface settlement law in the straight section. The nonuniform distribution of the ground loss and shield shell friction was found to be the cause of the uneven surface settlement distribution.

Subway Tunnel Construction Settlement Analysis Based on the Combination of Numerical Simulation and Neural Network

Under the background of rapid economic development and the continuous expansion of city size, people’s travel is deeply troubled by the problem of urban traffic congestion. Subway is an effective way to relieve traffic pressure and plays an important role in its use. In the process of building the city subway, the excavation of the underground tunnel is the most critical. However, the excavation of the tunnel will inevitably disturb the nearby soil, change the stratum stress conditions, and make the stress distribution uneven. If the surface settlement is too large, it will not only affect the normal construction of the tunnel but also cause damage to the surrounding buildings (structures), roads, underground pipelines, and so on, resulting in very serious malignant consequences. In this study, Cuobuling Station is taken as a case study. First, the construction status of the subway tunnel in the station is analyzed, and then the monitoring results are analyzed. According to the cross-section settlement law, the numerical simulation and neural network are used to build a model, calculate the numerical simulation results, and carry out a risk assessment of regression model. Finally, combined with the tunnel construction situation of the station, according to the risk assessment results, the concrete measures are put forward to deal with the subway tunnel construction settlement problem.

Constructive Termination of Employment by Indonesia Companies: A Comparative Study

This research aims to identify the regulation and dispute resolution regarding constructive termination of employment by a company in the perspective of Indonesian Labor Law. This research also compares the constructive termination of employment by companies based on International Law and Japan Labor Law. This is normative legal research with a statutory approach, conceptual approach, and also comparative law approach. The result shows that the constructive termination of employment has not been specifically regulated in the Indonesian Labor Law system, hence it becomes an exploitation gap that is used by companies to be able to terminate employment relations without protecting the worker’s right. The dispute resolution mechanism in terms of constructive termination of employments still refers to the provisions of the Industrial Relations Dispute Settlement Law, namely through bipartite negotiations, tripartite, and industrial relations courts. The constructive termination of employment has been substantively regulated in the ILO Convention C-158 concerning the Termination of Employment, which regulated in Article 4 to Article 6. Further in Japan, the constructive termination of employment is regulated in the Japan Labor Union Act, Act Number 174 of 1949 in Article 7 paragraph (i), (iii), and (iv) with its national enforcement.

Roof Fracture Characteristics and Strata Behavior Law of Super Large Mining Working Faces

Exploiting the working face in coal mines using a super long mining length and large mining height has become important for intensive production with high yield and high efficiency. The paper develops a roof structure model to analyze the influence of 195 m, 242.4 m, and 376 m working face lengths at large mining height in Wangzhuang Coal Mine in China as the case study. The roof fracture characteristics, migration law, and strata behavior law under different working face lengths are compared and studied by numerical simulation, and the reliability of support selection in the working face at large mining height is analyzed by field measurement statistics. The results show that the roof fracture mode of a super large working face is a successive layered fracture. The length of the working face has little effect on the roof fracture step length, and the fracture step length is positively correlated with the thickness of the rock stratum. The roof subsidence law for a super large working face is different from the intermittent subsidence of the unimodal Gaussian distribution curve of ordinary working faces, which shows the intermittent subsidence of multiple ordinary working faces. The roof periodic weighting of a super large working face, which fluctuates violently within 100 m at both ends, is more drastic than that of an ordinary working face as a whole. Field statistical analysis shows it is more appropriate to choose high-strength support for a super large working face.

Analysis on Subsidence Law of Bedrock and Ultrathick Loose Layer Caused by Coal Mining

In the process of coal mining, when the buried depth is large and the loose layer is thick, the ground subsidence tends to be abnormal, thus causing great damage to the surface ecological environment. In order to reveal the mechanism of mining ground subsidence under ultrathick loose layer, taking 1305 working face of a mine as the background, the law of mining ground subsidence under ultrathick loose layer was analyzed through field measurement. The law of bedrock subsidence is analyzed by similar simulation test, and the role of ultrathick loose layer in bedrock subsidence is quantitatively analyzed. The hydrophobic settlement model of ultrathick loose layer is established by settlement theory calculation, and the law of ground subsidence caused by hydrophobic of ultrathick loose layer is analyzed. The results show that the ground subsidence is mainly composed of bedrock subsidence and hydrophobic settlement of ultrathick loose layer. The maximum ground subsidence measured in the field is 4.201 m, the bedrock surface subsidence obtained by the simulation test of similar materials is 3.552 m, and the subsidence of ultrathick loose layer obtained by hydrophobic settlement analysis is 0.58 m. Adding the subsidence of bedrock surface and the subsidence of ultrathick loose layer, the ground subsidence is 4.132 m. It is in good agreement with the total ground subsidence measured in the field, which verifies the rationality that the ground subsidence mainly includes bedrock subsidence and hydrophobic settlement of ultrathick loose layer.

Model Testing of Encased Stone Column Composite Foundations under Traffic Loads

In soft soil foundations, geogrid encased stone column composite foundation technology has been widely applied and developed in recent years due to its efficient treatment. In this study, eight groups of laboratory model tests were performed in a large-scale testing tank to investigate the bearing mechanism and stress characteristics of the composite foundation of geogrid encased stone columns under traffic loads with different cyclic load ratios. The stress at the bottom of the stone column and settlement of the composite foundation were measured and analysed. The test results show that cyclic shearing will cause the rearrangement of the soil particles at the column-soil interface, which will cause changes in the face pressure and effective stress state of the column-soil boundary. The cyclic load has a substantial influence on the accumulation settlement of the composite foundation and the development of the lateral stress state of the column. Based on the test results, the development law of the cumulative settlement is summarized, and the change mechanism of the column stress state is analysed and discussed.

Law of Ground Settlement Caused by Middle Rock Pillar inHighway Tunnel with Small Clear Distance

Law of Ground Settlement Caused by Middle Rock Pillar inHighway Tunnel with Small Clear Distance

Settling velocity of irregularly shaped microplastics under steady and dynamic flow conditions.

The behavior of microplastics (MPs) in aquatic environments can vary significantly according to their composition, shape, and physical and chemical properties. To predict the settling trajectory of MPs in aquatic environments, this study investigates the settlement law of MPs under static and dynamic conditions. Four types of materials were analyzed, namely polystyrene, polyamide, polyethylene terephthalate, and polyvinyl chloride. Approximately 1270 MP particles with irregular shapes (near-sphere, polygonal ellipsoid, and fragment) were selected for the settling experiments. The experimental results show that the main factors affecting the settling velocity of MPs were shape irregularity, density, and particle size. The settling velocity of irregular MPs was significantly lower than that of perfectly spherical MPs. We proposed a model that predicts the correlation between the settling velocity of MPs and their shape, density, particle size, and water density.

General Principles of Procedural Law in the Practice of the WTO Appellate Body

Abstract The method of identification of general principles and their function as a source of law have long been object of doctrinal debate. This topic is now under the programme of work of the International Law Commission. Relatedly, international courts and tribunals have relied on general principles of procedural law derived from national legal systems in their practice and reasoning, but the methodology employed by adjudicators in importing these sources from domestic law remains obscure. This research examines the use of general principles of procedural law in WTO dispute settlement, in particular by its Appellate Body. The aim is two-fold: first, to study the methodology employed in the identification of general principles of procedural law in the case law of the WTO Appellate Body; second, to examine the functions performed by general principles in the practice of this international jurisdiction.

Study on the law of ground subsidence caused by shield construction in composite stratum

In this paper, based on the actual working conditions of the shield tunnel of Jinan R3 line through the composite stratum, the engineering monitoring work was carried out. Combined with the GTS/NX finite element calculation software, the numerical simulation of shield construction in the composite stratum was carried out, and the law of ground subsidence caused by shield construction in the composite stratum was obtained, which can provide experience for similar projects, to prevent the damage caused by excessive surface subsidence above the composite strata.

Study on land subsidence law of shield tunnel overlying karst

In the process of tunnel construction, underground karst is one of the main causes of ground collapse accidents. Using the GTS/NX finite element software, the numerical analysis of karst with different shapes and locations is carried out, and the law of surface subsidence caused by the karst overlay on the tunnel is obtained, which provides the basis for the deformation of the stratum where the karst cave is located, the prediction of accident, the risk assessment and the formulation of the treatment scheme.

Model Test and Theoretical Analysis of New and Old Embankments Differential Settlement Considering Lateral Deformation

In the embankment widening project, the new embankment will produce large deformation due to the low degree of consolidation, which will affect the stability of the embankment. Obtaining the settlement law of embankment is the premise to ensure the stability of the embankment. In this paper, the deformation law of the new embankment is studied through the embankment model test, and the settlement calculation method of the new embankment is proposed. The model test results show that the new and old embankments have a large settlement difference during the loading process, and the maximum settlement of the new embankment is twice that of the old embankment. The lateral deformation of the new embankment is directly proportional to the vertical deformation, sliding occurs under the ultimate load, and the bearing capacity is lost. Based on the one-dimensional calculation method, the lateral deformation coefficient is introduced, and the two-dimensional embankment settlement formula is obtained. The new embankment is meshed, and the deformation of each node is calculated by the formula, and the difference between the settlement and the model test data is 6.2%, which proves the feasibility and accuracy of the calculation method.

Time Series InSAR Three-Dimensional Displacement Inversion Model of Coal Mining Areas Based on Symmetrical Features of Mining Subsidence

The three-dimensional (3-D) displacements of mining areas is the basis of studying the mining subsidence law and obtaining surface movement parameters. The traditional multi-temporal interferometry synthetic aperture radar (InSAR) technology can only obtain the surface deformation in line-of-sight (LOS) direction, even if some methods can obtain the 3-D displacements of mining area based on InSAR. However, it has high data requirements for data types, which are not conducive to the inversion of 3-D displacements. In this paper, the symmetry of the surface basin caused by mining subsidence under different mining degrees is analyzed. According to the basic symmetrical features of mining subsidence—that the surface vertical displacement and horizontal displacement in near horizontal coal seam is symmetrical with respect to the main section of the basin, combined with time series InSAR technology (TS-InSAR)—a novel method for retrieving the 3-D displacement results from a single-geometry InSAR dataset based on symmetrical features (hereafter referred to as the SGI-SF method) is proposed. The SGI-SF method first generates multi-temporal observations of LOS displacement from a single-geometry InSAR dataset, and then transforms them into multi-temporal observations of 3-D displacement datasets according to symmetrical features. There is no necessity to obtain the surface movement parameters from the measured data to calculate 3-D displacement fields. Finally, the time series of 3-D displacements are estimated from multi-temporal 3-D displacements using the singular value decomposition (SVD) method. Nine descending Sentinel-1 images from the Yulin mining area of China are used to test the proposed SGI-SF method. The results show that the average root mean square errors (RMSE) in the vertical and horizontal direction of the three-dimensional deformations are approximately 9.28 mm and 13.10 mm, respectively, which are much smaller than mining-induced displacements and can provide support for deformation monitoring in mining areas.

Research on Surface Subsidence of Long-Span Underground Tunnel

In the process of urban rail transit construction, underground excavation method is often used in subway station construction. Based on a large number of measured data of Qingdao Metro Line 3, this paper analyzes and studies the ground subsidence law of long-span shallow buried excavation station. The research results show that vertical surface settlement will be caused by the excavation of both sides of the guide hole, but the settlement is relatively small, basically within −10 mm. Large surface settlement will occur during the middle or middle guide hole excavation, with a large settlement up to −30 mm. Through data fitting, it is found that the regression analysis using cubic polynomial of one degree can get better fitting effect. The horizontal surface variation rules of underground excavation stations are affected by the tunnel depth, geological conditions, management level of monitoring units, monitoring layout and monitoring accuracy, and so on. The differences in horizontal surface deformation and settlement between stations are large. Wannianquan Road Station basically conforms to the deformation law of ground settlement trough in Peck, and Junfeng Road Station directly above belongs to the whole subsidence type. This study has accumulated a large number of surface settlement monitoring data, which can provide a certain reference for the subsequent design of similar lines.

Measurement and Simulation Analysis of Vertical Cross Longitudinal Settlement between Turning Shield and Foundation Pit

Using numerical simulation technology, the dynamic three-dimensional model of the turning shield and the foundation pit under the condition of vertical intersection is established. The disturbance law of the longitudinal settlement of the foundation pit under the condition of shield construction is studied, and the stress path in the soil is analyzed. The results show that with the gradual advance of the turning shield construction, the settlement mode of the foundation pit changes with the shield construction. During the construction of the turning shield, when the tunnel face is located in front of the foundation pit and under the foundation pit, the ground loss rate is inconsistent, which leads to the change of settlement mode. Under the influence of turning shield construction disturbance, the soil undergoes compression deformation caused by larger additional stress increase; after shield crossing, the soil undergoes unloading deformation caused by more obvious stress relaxation.

Monitoring Analysis and Numerical Simulation of the Land Subsidence in Linear Engineering Areas

Non-uniform land subsidence can cause subgrade deformation and threaten the safety of linear projects such as high-speed railways. The Lunan high-speed railway is taken as the research background. Combined with the hydrogeological and engineering geological conditions, the regional land subsidence is analyzed by the combined method of the differential interferometric synthetic aperture radar (D-InSAR) and small baseline subset interferometric synthetic aperture radar (SBAS-InSAR), which is verified by using precise leveling and GPS monitoring data. The accurate land subsidence analysis of large-scale linear engineering is realized. The distribution situation and change laws of land subsidence in linear engineering areas are revealed. Then, a three-dimensional coupled numerical model of land subsidence along a large-scale linear project is established by using the finite difference method. The spatial distribution characteristics of land subsidence in the linear engineering area are quantitatively analyzed and predicted. The main factors affecting land subsidence and the degree of land subsidence are discussed while keeping the pumping rate constant. The results show that: 1) The combined method of D-InSAR and SBAS-InSAR has high accuracy in the land subsidence monitoring of linear engineering. 2) There are five non-uniform settlement funnels along the Lunan high-speed railway. The groundwater over-extraction and coal mining are the main reasons for the land subsidence. 3) Realizing water source conversion and reduce groundwater exploitation are the main factors in linear engineering areas as soon as possible.

Study on Numerical Simulation Test of Mining Surface Subsidence Law under Ultrathick Loose Layer

In the process of coal mining, the surface subsidence under ultrathick loose layer is abnormal (subsidence coefficient greater than 1.0), which will cause great damage to the surface ecological environment. The fracture propagation and stress evolution of bedrock are of great significance to the prevention of surface subsidence. Taking the 1305 working face of a mine as the background, this paper study the process of crack propagation and stress evolution of bedrock under the influence of ultrathick loose layer by methods of on-site measurement, similar simulation, and numerical simulation. During the research process, the physical model was verified by the measured data. Then, the numerical model was verified by the crack propagation angle and subsidence of bedrock, which were obtained in a similar simulation. Based on the verified numerical model, it was obtained that after the coal seam was mined out, the bedrock above the mined-out area was mainly damaged by tension, while the strata on both sides of the crack expansion angle were mainly damaged by shear and tension. During coal seam mining, for bedrock the process of fracture expansion, subsidence, and stress evolution all could be divided into four stages. This research provides a basis for the control of surface subsidence.

Unpacking The Act No 1 of 2011: Does Indonesia in the right pathways towards sustainable housing development?

The government intervention to fulfil housing demand cannot compensate the concomitant issue of urban sprawl, traffic, patchy infrastructure and physical environmental degradation. The government intervention to cope with challenges and problems are leading to a specific policy which the fact it is often confined to a single focal perspective: one intervention to cope with one specific problem at one moment. This limited vision in intervention tends to underestimate interdependencies and complexity of problems. There are many cases where government interventions have resulted in considerable negative consequences instead of promoting improvement or urban conditions. There is little knowledge on how governance and its policy instruments need to be improved to steer onto desirable pathways. Governments need guidance to improve its capacities to cope with intertwined interdependencies problem as opposed to responsive policy to cope with specific problems or targeted goals at a point in time. To better analyse the capacity of Indonesia governance system related to housing development, we used framework in which the structure of governance system can be portrayed by its policy instrument configuration. Using framework, the study aims to investigate the capacity of Indonesian Housing and Settlement Law, The Act No 1 of 2011 to achieve sustainable condition. The study indicates that that the tone of interaction among actors and their actions in dealing with resources (Rs) has been directed by government concerns through national to municipal or city plan (authority regimes). The capacity of policy instrument in in directing housing development in Indonesia is limited to cope with a specific problem and achieve specific targeted goal instead of manager of interactions among interdependent actions conducted by multiple actors in dealing with multiple resources related to housing and settlement. This is crucial to prevent the occurrence of intertwined problems and steer the development housing and settlement in Indonesia toward sustainable condition.