Viewpoint Of Law Research Articles

Thermo-Fluidic Behaviour of Diamond and Hourglass Microchannels: Investigation from the Second Law Viewpoint

Thermo-Fluidic Behaviour of Diamond and Hourglass Microchannels: Investigation from the Second Law Viewpoint

Tradisi A’matoang Pasca Pernikahan di Kecamatan Binamu Kabupaten Jeneponto; Analisis Hukum Islam

The main problem in this research is related to the post-msrriage tradition of a’matoang which is still maintained today. This type of research is field research (field research) which is raised from the observation of social facts which is studied using a normative or syar'i theological approach and a sociological approach. The research data sources were obtained from the community and local community leaders. The method used in this research is direct observation and information gathering through interviews and is supported by reference studies related to the tradition of a'matoang after marriage in Binamu District, Jeneponto Regency. Data processing techniques performed in the from of data reduction filtering important information related to the object of research, presenting research data and drawing conclusions. The results of this study indicate that the people in Binamu District, Jeneponto Regency still maintain the tradition of a'matoang after marriage. However, based on the viewpoint of Islamic law, the a’matoang tradition dies not have an element of associating partners with Allah because its purpose is only as a a symbol to maintain and strengthen kinship ties that are solely due to Allah, so that wiil be an act that is also blessed by Allah SWT. The implications of this research include: 1) For the people of Binamu District, Jeneponto Regency who still maintain the ancestral and sacred values of a'matoang so that they are maintained but in a reasonable context and do not deviate from Islamic teachings and if this culture results in more harm. great for the doer, then let it be abandoned; 2) The a’matoang tradition that is carried out after this marriage is expected not only as a form of showing off or being proud of others but with a sacred purpose, namely to glorify and respect the groom's family and to hope for the pleasure of Allah to have a sakinah mawadah household warahmah

Assessing Creativity from the Viewpoint of Law

Abstract Originality is the main criterion for creating an author’s work. However, authors are often influenced by previous works of other authors that they have seen, heard or experienced. The aim of this study is to identify criteria for determining creativity in authors’ works, trying to find and define the difference between accidental influence and deliberate misappropriation or plagiarism. This article does not claim an in-depth analysis of creativity and originality from a social science perspective. It is more a scientific essay on creativity from a law science point of view, so that further research can be carried out in the field of authorship and its determination. In order to find an answer to the research question (Where does influence end and plagiarism begin?), theoretical framework and knowledge about creativity were observed, international and national laws were studied, case law from different countries was researched, materials of international conferences were examined, as well as information accessible on the Internet on copyright issues was observed. The research used a descriptive method to investigate the works of various researchers on the types of mutual influence, regulatory framework and court practice in this field, as well as a grammatical, systemic, teleological, and historical interpretation of legal norms to assess the inadequacy of existing legal norms and propose the necessary amendments in legislative enactments. The main result of this study is understanding that the factor of consciousness or subconscious forms the main criteria. If the influence is unintentional, the copyright of the original work is not infringed, but if repetition is intentional, when it goes beyond originality, the new work is considered to be an appropriation of authorship or plagiarism.

SEDITION LAW: A FRIEND OR FOE?

Freedom of opinion and expression is essential for the entire development of a person. They are the foundation of any free and democratic society. Because it gives meaning to life, freedom of speech and expression is the first and basic human right, the basic condition of freedom, and the mother of all rights. However, when exercising freedom of speech, questions often arise, such as how far the state can regulate individual behavior. Personal autonomy is the cornerstone of basic freedom; therefore, every constraint is strictly evaluated. However, this right can always be appropriately restricted to ensure that it is used correctly and that all people have equal access to it. Section 124A of the Indian Penal Code of 1860 defines sedition as a criminal offence. The importance of this part in an independent and democratic country is a hotly debated topic. This article looks at sedition and why it cannot be compared with Article 19 (Right of Freedom of Speech and Expression) of the Indian Constitution. It also raises the issue of application in a democratic world where freedom of speech and expression is regarded as the mother of all rights, and compares India’s sedition legislation with those of Australia, the United Kingdom, and the United States of America, as India’s sedition law viewpoint Different from other countries.

THE SPECIFICITY OF ADMINISTRATIVE REGULATION IN CONSULAR LAW: SELECTED SYSTEMIC AND PROCEDURAL PROBLEMS

The article discusses a significantly modified regulation within administrative law applied in the consular service. There seems to be a need for a voice in the discussion regarding the legal status of a Consul of the Republic of Poland (as well as the other members of the diplomatic corpus) as seen from an administrative law point of view. In the background of two regimes of administrative and consular law, it is also undoubtedly necessary to indicate the basic procedural border problems. A very typical example are the modified administrative procedures provided for diplomacy, with particular emphasis put on the importance of jurisdictional administrative proceedings lead by the consul. The administrative procedure constructed in this way by the legislature differs in many points from the general administrative procedure performed by other Polish authorities. Therefore, to some extent, it can be perceived as a specific administrative consular law. The aim of this article is to signal the typical procedural differences and to point out their sources. “Consular administrative law” can be perceived as a special administrative procedure, which does not constitute part of the general administrative procedure applicable to all national authorities and citizens in Poland, but which still is a sub-branch of Polish consular law which applies to the Polish citizens and foreigners in a specific administrative situations. The existence of so-called “consular administrative law”, however, presupposes one fundamental condition, which is having and maintaining foreign relations in the first place.

The Conversion of the Adopted Children’s Clan in the Village of Tumbak from the Islamic Law Point of View

This study aims to see the process of conversing the clan of adopted children by the community in Tumbak Village Posumaen District and the reasons they adopt children and to analyze them in terms of Islamic law. This research method is field research in Tumbak Village using interview analysis to the actors of the clan conversion and their biological parents.
 The results of the study revealed that parents conversed their clan after adopting a child to make the adopted child feel like their biological child and, most of the local people adopted a child because the couple had no children. However, in this incident, it turned out that there was a change in the name or surname of the adopted children since the adoptive parents intent to make them feel truly like biological offspring.
 Islam considers this a wrong affair. Even though the child is being cared for by adoptive parents, they are still not allowed to forget the biological parents, because this will have an impact on the inheritance and guardianship matters of the adopted child.

The View Point of Jurisprudential and Criminal Law on Price Extortion in the Commodity Market

ضعف سازوکارهای قانونی، گاه وضعیتی را فراهم می‌کند که برخی بنگاه‌‌‌‌ها با سوءاستفاده از موقعیت اقتصادی و سلطه بر بازار، قیمت محصولی را افزایش داده و با ایجاد تورم کاذب در بازار یک کالا، به سودهای هنگفت و ناعادلانه‌‌‌‌ای دست یابند که این عمل را می‌‌‌‌توان دست‌کاری قیمت در بازار کالا تعبیر کرد. با وجود اینکه جرم دست‌کاری قیمت، در بازار سهام تحت عنوان «دست‌کاری بازار اوراق بهادار» دارای وصف مجرمانه بوده، اما برای این عنوان در بازار کالا، هیچگونه تعریفی ارائه نشده و حتی می‌‌‌‌توان گفت این اصطلاح در علم حقوق همچنان ناشناخته باقی مانده است. در این مقاله با روش توصیفی ـ تحلیلی، ضمن ارزیابی شاخص‌‌‌‌های اساسی در تغییر قیمت یک کالا، امکان‌‌‌‌سنجی دست‌کاری قیمت در بازارهای مختلف مورد بررسی قرار گرفته و پس از ارزیابی عناصر تشکیل‌‌‌‌دهنده جرم دست‌کاری قیمت، نتایج نشان می‌دهد گران‌‌‌‌فروشی، درصورتی موجب دست‌کاری قیمت کالا می‌‌‌‌شود که سبب بی‌تعادلی در بازار شده و سود حاصل از این افزایش نرخ، به‌‌‌‌صورت نامتعارف و ناعادلانه به‌‌‌‌دست آید. به‌‌‌‌علاوه براساس بند «ط» فصل نهم از قانون اجرای سیاست‌های کلی اصل (44)‌‌‌‌ قانون اساسی، این رویداد زمانی اتفاق می‌‌‌‌افتد که اولا، معامل از وضعیت اقتصادی مسلط برخوردار باشد؛ ثانیا، قیمت مورد بحث با معدل هزینه‌‌‌‌های تولید یا اجرا به‌‌‌‌علاوه سود متناسب، تفاوت بسیار داشته باشد.

Islamic Law from the Internal Point of View

Haider Hamoudi notes the different perspectives lawyers and historians employ in making sense of the law. Invoking H.L.A. Hart’s famous distinction between “internal” and “external” points of view with respect to law and legal rules, Hamoudi describes lawyers as primarily adopting the former, and historians, the latter point of view. This is not to suggest that lawyers do not take history into consideration, but rather to mean that when they do, their focus is results oriented in that they use history to understand the ultimate endpoint, the contemporaneous meaning of a legal rule or institution. Hamoudi observes two consequences emanating from lawyers’ adoption of the internal view that puts lawyers somewhat at odds with the demands of historical method and meaning. While deliberately omitting discussion on the normative desirability of either method, Hamoudi concludes by observing value in merely pointing out the differences between the internal and external viewpoints of law and history, respectively, to help expose “our own biases and assumptions.”

Digital platform as a digital economy tool

Problem setting. Digital platforms ensure the digital activity of state bodies and business. They are tools for the digital transformation of socio-economic systems at all levels that implement network management. The functioning of digital platforms is not limited by borders, they can work anywhere. Now the digital platform has become a separate object of legal regulation, which has its own peculiarities and needs to be regulated by law. Analysis of recent researches and publications. Digital platforms are studied in the scientific works of Sichkarenko K. O., Lyashenko V. I., Vyshnevsky O. S., Yarmolenko Yu. O. Target of research. The purpose of the article is to provide a definition of the term “digital platform”, to describe the models of legal regulation of digital platforms, to identify the main problems connected with digital platforms maintaining. Article’s main body. The definitions of «digital platform», that are available in the scientific literature, contain primarily technological characteristics of this phenomenon, while we are interested in the legal features of digital platforms. From the law point of view, a digital platform should be defined as software or software and hardware that provides third parties access to the digital environment, ensures interaction and other activities between participators in order to develop their software or sell their products, works or services. Depending on the type (private or public), digital platforms have differences in legal regulation. A commercial model of legal regulation characterizes private digital platforms. State digital platforms are regulated because of a centralized model of legal regulation. The commercial platform is established by a legal act of a private company. The founder independently solves the basic questions of functioning of a platform. The activity of the platform is carried out on the basis of the acts of the founder, which are joined by all other participants who intend to use the platform. The state bodies establish public (state) digital platforms. The functioning of such a platform is determined by the law regulations of the state of the appropriate level. An authorized state body (platform operator) manages the digital platform. The activity of state digital platforms is limited to the territory of the state. The state digital platform is not for profit, unlike private ones, as it is created in order to increase the efficiency of public services through digitizing the processes of interaction with their consumers. No full-fledged state digital platforms have been created in Ukraine. Legal regulation of digital platforms should be aimed at solving the following problems: collection, processing and storage of big data; storage of personal data of platform users, trade secrets of legal entities; providing user access to the digital platform and non-discrimination in this area; employment regulation through the use of digital platforms; problems of competitiveness and monopoly in the business environment; taxation of the activity of the digital platform operator and the activity of its participants who sell goods or provide services. Conclusions and prospects for the development. The complex nature of the relations that arise within the functioning of digital platforms determines the complexity of the legal regulation of this object, as the activities of digital platforms affect both public (financial, tax) and private law (civil, commercial, labor). This means that the development of the digital economy requires radical changes in the general approaches to the legal regulation of a new type of economic relations.

Numerical study and artificial neural network modeling of the tube banks arrangement considering exergetic performance

The present study investigates numerically heat transfer rate (HTR) and generation of entropy (GOE) for turbulent NF flow in an electronic cooler equipped with four sinusoidal pipes. The heat transfer fluid (HTF) is water-based MWCNT nanofluid (NF) in different NVFs (ϕ = 0.2, 0.4, 0.6 and 0.8%). Four different wave amplitudes (α = 2, 4, 6 and 8 mm), three different wavelengths (λ = 40, 60 and 80 mm) are studied in this paper. According to obtained results, the average Nusselt number (Nu) always increases by increase in wave amplitude or decrease in wavelength. Therefore, at α = 8 mm or λ = 40 mm the highest Nu value is achieved. Besides, Reynolds numbers (Re) variation has a significant influence on Nu distribution in tube and the Nu values always intensify by augmentation of Re. The optimum Reynolds number in thermal viewpoint is 11,000 and in second law viewpoint is 5000. Furthermore, therefore higher nanoparticles volume fraction (NVF) always leads to higher HTR in channel. But it also increases dynamic viscosity and pressure drop penalty in channel. The results of the models obtained from the neural network algorithm show that the variation of the Nusselt number with respect to the Reynolds number, wave amplitude and wavelength is mitotically so that heat transfer increases by increasing the amount of these three parameters. An increase in the wave amplitude leads to a 38% increase in the average Nusselt number and a 50% increase in the total Nusselt number. However, the effect of the wavelength is small. An increase in the wavelength results in an enhancement in the average Nusselt number by 6% and the total Nusselt number by 16%.

The Concept of ‘Principled Resistance’ to ECtHR Judgments: A Useful Tool to Analyse Implementation Deficits?

Abstract Recent years have seen a marked increase in ‘clashes’ between national courts on the one hand and international courts and tribunals on the other hand. This article introduces a new analytical pattern, called ‘principled resistance’, in order to analyse deficits occurring during the implementation phase of a Strasbourg judgment. This analytical concept is contrasted with other most recently developed scholarly concepts (‘reasonable resistance’: Palombino; ‘pushback’ and ‘backlash’: Madsen; ‘principled’ and ‘dilatory non-execution’: de Londras and Dzehtsiarou) in order to show differences and commonalities. Furthermore, the limits of (permissible) ‘disagreement’, as opposed to (impermissible) ‘principled resistance’, are explored from an international law point of view. It will be argued that although cases of principled resistance are extremely rare, the concept has an analytical value in that it prevents us from overestimating divergences between national and international courts and tribunals. At the same time, it will be shown that even where courts and other national actors employ legal arguments for their resistance to the ECtHR, those conflicts should be conceptualized as struggles over the proper allocation of powers between the national level and Strasbourg.

Revoking a Decision to Suspend Payment of Disputed Tax "on Further Consideration": An Administrative Law Perspective

The "pay now, argue later" rule entails that the obligation to pay tax and the right of the South African Revenue Service (SARS) to receive and recover tax are not suspended by objection or appeal. However, in terms of section 164(2) of the Tax Administration Act 28 of 2011 (hereafter TAA), a taxpayer may request a senior SARS official to suspend the payment of disputed tax and a senior SARS official may, in terms of section 164(3) of the TAA, grant such a suspension having regard to certain relevant factors. Section 164(5) of the TAA further provides that the decision to suspend may be revoked on a number of grounds. One of the grounds is when a senior SARS official is satisfied, on further consideration of the factors which had to be taken into account when the suspension was granted, that the suspension should not have been granted. There is no indication in the TAA that this ground for revoking the suspension requires that there should be a material change in the factors, as this is provided for in a separate ground to revoke the decision to suspend the payment of disputed tax. It is also not required, for example, that the taxpayer should have failed to disclose information when making the request to suspend the payment. It is argued in this article that the ground for revoking a decision to suspend payment "on further consideration of the factors" raises concerns from an administrative law point of view. This is based on the revocation being an "administrative action" as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996 read together with the Promotion of Administrative Justice Act 3 of 2000, which requires that the revocation should be lawful, reasonable and procedurally fair. The concerns raised in this article relate not only to the rights of taxpayers, but also to the duties of the SARS officials revoking a decision to suspend payment as it is equally important that administrators should be able to know how and when to act in a manner which is lawful, reasonable and procedurally fair.

PROGRESIFITAS HUKUM PENGEMBALIAN DEVIDEN SAHAM INTERIM PERSEROAN TERBATAS PADA UUPT NO.40 TAHUN 2007

AbstractProgressive law must place the law in a very close position with the law's community or stakeholders. This position is called responsive, progressive law and is always associated with stakeholders' reality and needs to create justice and happiness as law aspired itself. Also, progressive law emphasizes social integration to overcome public moral insularity.Starting from the viewpoint of progressive law, the author looks at the laws and regulations that discuss the return of interim dividends as stated in the Limited Liability Company Law No. 40 of 2007, article 72, article 72 states that companies allow rules related to dividend distribution in a temporary (interim) way. The article is then interpreted as that if the company has positive profits, the company is allowed to distribute dividends before the company closes the book at the end of the year, provided that the board of directors officially announces the distribution with the approval of the GMS that the positive profits obtained by the company before closing the book will come as dividends interim. As a result, the company competes to distribute interim dividends to increase and show its credibility to investors. It was recorded on the Indonesian stock exchange (IDX) that in September 2020, 73 companies distributed interim dividends.However, article 72 paragraph 5 of the Limited Liability Company Law No. 40 of 2007 explains that if after the company distributes interim dividends to shareholders and at the end of the closing of the annual book the company suffers a loss, the shareholders must return the dividends they have received. If the shareholder does not return it, the directors and commissioners are jointly responsible for covering the company's losses.This viewpoint is the basis for finding the location of the value and form of legal progressivity regarding the mechanism of interim share dividends in limited liability companies as stated in UUPT No.40 of 2007 Article 72 using a normative research method with a conceptual approach.

Modeling of a MED-TVC desalination system by considering the effects of nanoparticles: energetic and exergetic analysis

In this study, the energetic and exergetic analysis of a multi-effect desalination system with a thermal vapor compression desalination system has been numerically evaluated. For this purpose, the mass, energy, and exergy balance equations for the thermo-compressor, first effect as well as middle effects, and condenser have been developed. The effects of motive steam pressure and number of effects on yield, gained output ratio (GOR), performance ratio (PR) and irreversibility have been examined. Nanoparticles were used to improve the heat transfer properties at different stages. The highest rate of exergy destruction with 61.67% is concerned with thermo-compressor, owing to the large difference between the motive steam pressure and the entrained steam. The lowest exergy losses rate among the various components was 4.89% for the condenser, due to the fact that much of the final distillate steam entrained the thermo-compressor. As the number of effects increased from 1 to 7, the yield, GOR as well as PR, improved by approximately 590% and the irreversibility reduced by 1.88%. As the motive steam pressure increased from 400 to 1290 kPa, the yield decreased by 25.45% while the GOR and PR improved by 12.62 and 14.8%, respectively. From the second law viewpoint, irreversibility intensified by 16.11% which in turn diminished the second efficiency by 3.17%.

Molybdenum disulfide/water nanofluid morphology effects on the solar collector: first and second thermodynamic law analysis

This study presented an investigation on a flat plate sheet and tube-based solar collector located in Abu-Musa Island (in the Persian Gulf) in Hormozgan province, Iran, based on the first and second thermodynamics laws. The referred solar collector is used from water-molybdenum disulfide (MoS2) nanofluids having various nanoparticle shapes as working fluid. The main goal of the presented investigation is to study the morphology influence of MoS2 dispersed particles in the water on the heat transfer performance, fluid flow, and generated entropy. Due to fulfilling of this object, analysis of four different nanoparticle shapes (blades, platelets, bricks, and cylinders) of MoS2 is chosen. Nusselt number, outlet fluid temperature, pressure drop, performance evaluation criterion (PEC), friction factor, and entropy generation considering various nanoparticle shapes and nanoparticles volume fractions up to 4% for turbulent flow regime considering mass flow equal to 0.75 and 0.5 kg/s are reported. According to obtained results, the PEC of the case with ϕ = 3% having bricks nanoparticle shape with ṁ = 0.5 kg/s is the best among all studied cases, and its value is around 1.269. In the case with ṁ = 0.75 kg/s, the value of PEC for nanofluid with ϕ = 4% having bricks nanoparticle shape is found to be about 1.182. Also, it is shown that for ṁ = 0.5 kg/s, employing the bricks and blade shape particles is not recommended based on the second thermodynamics law viewpoint, while for 0.75 kg/s mass flow using volume fractions of 1% and 4% for bricks and blade shapes nanoparticles can decrease the entropy generation in comparison with water base fluid till 8%.

Handling of children by diversion in children protection (Diversion and Restorative Justice)

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

Abolhassan Ebtehaj’s Measures in the Structure of Iran planning system; Analysis of Administrative Law Viewpoint

Abolhassan Ebtehaj’s Measures in the Structure of Iran planning system; Analysis of Administrative Law Viewpoint

Estado de alarma

El estado de alarma constituye uno de los tres estados excepcionales, junto con el de excepción y el de sitio, que recoge la Constitución de 1978, de infrecuente mención en el constitucionalismo comparado. Se declara por el Gobierno ante graves crisis naturales, sanitarias o tecnológicas, o, si concurren conjuntamente con estas, ante el desabastecimiento de bienes de primera necesidad o la paralización de servicios públicos esenciales. Consiste en una concentración del poder bajo una autoridad competente que puede ser el Gobierno o el Presidente de una Comunidad Autónoma–, y en la limitación –nunca la suspensión– de ciertos derechos mediante medidas administrativas necesarias y proporcionadas para el mantenimiento de la normalidad: restricción de la circulación y el desplazamiento, requisa de bienes, ocupación de locales –con exclusión de domicilios particulares–, racionamiento en el uso de servicios o el consumo de artículos de primera necesidad y garantía del abastecimiento de los mercados de productos de primera necesidad y de los servicios esenciales. En este estudio se ofrece una aproximación al estado de alarma, con una breve fundamentación histórica, política, iusfilosófica y de derecho comparado y un análisis de su regulación constitucional y legal. Se completa con un recorrido crítico por la praxis relativa a su activación en España, en el año 2010, para hacer frente a la crisis de los controladores aéreos, y en 2020, para hacer frente a la crisis desencadenada por la pandemia global del coronavirus COVID-19, desde el punto de vista del estricto cumplimiento del derecho constitucional de excepción, en relación con la necesidad y proporcionalidad de las medidas de concentración del poder y limitación o suspensión de los derechos fundamentales.

A mesterséges intelligencia fogalmának polgári jogi értelmezése

Jelen tanulmány célja annak vizsgálata, hogy a mesterséges intelligencia fogalma, hogyan, nyerhet értékelést a polgári jog területén. Az adott témát számos szerző vizsgálja világszerte, s sürgetik a jogi szabályozás létrehozásának megkezdését. Oka, hogy a terület napról-napra egyre gyorsabban fejlődik, ám ezzel a jog nem tud lépést tartani. Ugyanakkor az egyének védelme érdekében fontos, hogy a fogalom jogi értékelést nyerjen. Ennek első lépése lehet a definíció polgári jog általi meghatározása.

RESEPSI PERNIKAHAN (Antara Sakralitas Agama, Hukum, dan Tuntutan Adat)

Celebrating a wedding reception is a necessity and happiness for the bride and groom and their families. In addition to being governed by religion and the state law, wedding receptions are also carried out on the basis of the customs and habits of the people. But in today’s society’s understanding of wedding receptions as a necessity and a requirement that must be carried out based on the luxury and model of events that are mostly carried out by the environment. Until in the end many forget the substance of marriage and favor tradition. As a literature-based study and literature review, this paper will highlight the implementation of a wedding reception from the viewpoint of religion, law and customary demands. The results of this paper are expected to contribute thoughts and understanding of the substance of the wedding reception.