Mutual Agreement Research Articles

ASURANSI DALAM PERSPEKTIF ISLAM

In life no one can predict what will happen in the future perfectly, even by using various analytical tools. Risks in the future may occur to a person's life, for example, death, illness or the risk of being fired from his job. In the business world, risks that can be faced can be in the form of risk of loss due to fire, damage or loss or other risks. Every risk that will be faced must be handled so as not to cause even greater losses. To overcome unwanted risks in the future, it is necessary to have a company that is willing to bear the risk, such as an insurance company. As we know, insurance is a mutual agreement between members of the community to guarantee and guarantee each other by raising money and creating a joint financial savings fund that is used as a relief fund for someone who is overwritten by difficulties. This is done as an effort to deal with events that might happen to someone and lead to losses. Apart from that , the community is insured and the large number of Muslims involved in it , makes this problem urgent to know its position from an Islamic perspective . However, because this insurance issue is not explicitly explained in the text, the problem is seen as ijtihadi. Departing from these problems , the study of insurance in Islamic perspective is very interesting . In addition to seeing the pros and cons as well as the " middle way " to these problems . And also see how the development of insurance in Indonesia whether insurance is permissible under Islamic law

Mutual Legal Assistance International Agreement in Eradicating Transnational Crime

Transnational crime can be said to be one of the threats that has quite a big impact on Indonesia's security. So that there are no more obstacles in eradicating transnational crime, cooperation between countries is needed through Mutual Legal Assistance (MLA) agreements. The application of mutual legal assistance is implemented to increase the effectiveness of cooperation in eradicating transnational crimes. The existence of an international Mutual Legal Assistance agreement that functions to carry out cooperation between countries, which includes investigations and examinations at trials until the implementation of court decisions, can complement the enforcement of extradition agreements

Habermasian Discourse Theory for Educational Policymaking: Attending to Perspective Taking and Communicative Agency

This paper identifies and considers issues of perspective taking and communicative agency in applying Jürgen Habermas’s discourse theory to policymaking in educational settings. The central question is whether Habermas provides an epistemic framework that supports reciprocal and sincere expressions of the views and interests of individuals in a heterogeneous society. Examining this question leads to a discussion of “practical discourse” in light of a willingness of participants to reach mutual understanding and agreement, and the centrality of perspective taking and communicative agency in such discourses. Also examined is a conceptualization of “application discourses,” the implications of such discourses for perspective taking and communicative agency, and the role these discourses might play in further assuring the overall inclusivity and context sensitivity of applying education policies in specific circumstances. The paper then gives a brief re-analysis of an empirical study that used Habermas’s concept of the “ideal speech situation” as a normative framework for interpreting data. The re-analysis means to illustrate the practical value of practical discourse for guiding and assessing educational policymaking. The paper ends with a short justification of the necessity of attending to perspective taking and communicative agency when viewing education as a basic human right.

THE URGENCY OF THE RESTORATIVE JUSTICE MODEL IN THE ORDER TO HUMANISTIC LAW ENFORCEMENT

Analyzing the urgency of the application of the restorative justice model in the criminal cases settlement in order to achieve humanistic law enforcement and clearly analyzing the implementation of restorative justice in the settlement of criminal cases, is a step to understand more deeply about expecting punishment to achieve justice for the perpetrators, victims, and the community. To achieve that goals, this research uses a normative juridical approach and an empirical juridical approach. The main types of data in this study are primary data and secondary data sourced from literature studies and field studies. Restorative justice is the best solution in resolving criminal cases by providing mediation between perpetrators, victims, and the community to reach a mutual agreement in restoring the rights of the perpetrators, victims, and the community, so it reach an equitable and appropriate justice desired by the parties.

KINSHIP POLITICS IN ELECTORAL POLITICS: A CASE FROM BAUBAU CITY

This research aims to describe and analyze the kinship politics of the Buton community with its patrimonial culture in maintaining political power in Baubau City. The phenomenon of kinship politics in maintaining political power in Baubau City is seen based on the dimensions of mutual agreement and satisfying kin obligations. Then this research uses qualitative methods to answer the formulation of research problems. The result of this research is that mutual agreement was formed from the history of the Buton community which eventually formed a pattern of power based on kinship relations. The pattern of mutual agreement forms a common interest between the Koumu and Walaka groups. Furthermore, in terms of satisfying kin obligations, the practice of kinship politics can be seen because the people of Baubau City still uphold kinship ties and cultural values. Kinship politics in Baubau City is realized in the form of selecting candidates from Koumu and Walaka in the regional head election in Baubau City.

ДОГОВІР ПРО СТВОРЕННЯ ЗА ЗАМОВЛЕННЯМ І ВИКОРИСТАННЯ ОБ’ЄКТА АВТОРСЬКОГО ПРАВА АБО ОБ’ЄКТА СУМІЖНИХ ПРАВ

Based on the analysis of the current legislation of Ukraine, the concepts, features, essential conditions of the contract on the creation to order and use of the object of copyright or the object of related rights are studied. The expediency of changing the name of the contract in the Civil Code of Ukraine is substantiated. Instead of «agreement on the creation to order and use of an object of intellectual property rights», the name «agreement on the creation to order and use of an object of copyright or an object of related rights» is more accurate, since the contract is the legal basis for the creation and acquisition of intellectual property rights ownership exclusively of objects of copyright/related rights. The creation of objects of patent law, means of individualization of business entities, goods, works, services, etc. on the basis of a contract is excluded due to the need to obtain title-establishing and right-confirming documents for them (patents, certificates). It is proposed to supplement the legislative definition of the contract: under the contract for the creation and use of an object of copyright or an object of related rights, one party (creator – writer, artist, etc.) undertakes to create such an object in accordance with the requirements of the other party (the customer) and within the specified period, and the customer undertakes to accept and pay for the created object. A comparative characterization of the contract under study with the contract of subcontracting was carried out. An essential condition of the contract is the condition about its subject – the object of copyright/related rights, which will be created in accordance with the customer's requirements. The customer's requirements must be clearly spelled out in the contract, otherwise at the stage of implementation when the object is handed over to the customer, it is impossible to establish whether it meets his requirements. If the requirements were not specified, the customer must accept the created object or refuse to accept it with the corresponding legal consequences. The terms of the term, payment, the procedure for its implementation, if such is established, the method of transfer of the object, other conditions are established by the parties by mutual agreement. The contract, according to the imperatives, must define the methods and conditions of the customer's use of the facility. However, the legal consequences of non-compliance with such a requirement have not been established. Therefore, if the parties in the contract did not agree on the methods and conditions of the use of the object by the customer, then such an agreement cannot be considered a contract on the creation and use of an object of copyright or an object of related rights by order, and according to the relationship of the parties, the relevant prescriptions of Art. 1112 of the Civil Code of Ukraine and the Law «On Copyright and Related Rights». In the case of creating a work of art according to the contract, it should be taken into account that the original work of fine art, created by order, becomes the property of the customer. At the same time, intellectual property rights to such a work remain with its author, unless otherwise established by contract or law. The contract is consensual, mutual, retaliatory/non-reciprocal, concluded in written (electronic) form under penalty of nullity.

TINJAUAN HUKUM EKONOMI SYARIAH TENTANG PRAKTIK PEMBULATAN TIMBANGAN PADA JASA PENGIRIMAN BARANG (STUDI KASUS KANTOR POS CABANG SOMOROTO) TAHUN 2022

This type of research is a qualitative research (field research) with a normative and sociological approach. The subjects and objects of this research are employees and consumers of the Somoroto Branch Post Office, for data collection instruments using interviews, documentation, and literature study. Apart from primary data, data is also obtained from secondary data which is then processed using editing, organizing, and analyzing techniques and analyzed using data reduction techniques (data reduction), data exposure (data display), and conclusion drawing or verification (conclusion drawing/verifying). ).
 The results of this study explain that: 1). The rounding mechanism between the Post Office and the Consumer is included in the Muamalah Madiyah category so that the agreement between the two parties uses a wage approach. The Post Office uses a PER-kg scale which is intended to make it easier to determine prices with a progressive and volumetric rounding system, this system is determined according to the type of goods to be sent by consumers and of course will affect the price to be paid. 2). A review of Islamic Economic Law on the rounding of the scales of goods delivery services at the Post Office is in accordance with Islamic Law due to a mutual agreement between the owner and the consumer. However, in technical terms, the implementation seems to be more in favor of the owner because it takes advantage of the rounding process and tends to harm consumers and the transaction contains Gharar because it is not transparent in providing information on the weight of the goods. So that the mechanism is not in accordance with the principle of muamalah because there is dissatisfaction from consumers.

Resolution invariant urban scene classification using Multiview learning paradigm

Urban scene classification is an interesting area in computer vision. The task involves classifying a scene from a pair of aerial-view and ground-view images. Existing approaches have considered single-view and Multiview methods. Multiview approaches have shown to be more robust than single-view. However, most existing Multiview approaches neglect the disparity in the resolution of both views. The aerial-view images are captured with sophisticated high-resolution remote sensing devices. While the ground-view images are captured from closer perspectives with lower resolution. This paper proposed a Multiview scene classification (MuSC) model that caters to the resolution disparity in both views. MuSC introduces a Fourier convolution network (FCN) that is robust to variation of resolution in the cross-view images. The FCN is designed to extract local features (in spatial domain) and global features (in spectral domain). The proposed MuSC has a two-stage classifier. The first stage trains a discriminative view-specific network and classifies each view separately. However, the outputs from each view-specific network are projected into a unified subspace and mutual agreement between them is incentivized through contrastive learning. The second stage integrates the predictions from each view-specific network and trains a unified classifier for final prediction. This integration encourages cross-view complementarity. MuSC is evaluated on two datasets, AiRound and CV-BrCT. Several experiments are conducted with different settings. The results demonstrate that MuSC outperforms existing state-of-the-art models.

Justice, Third-Party Funding, and Tax Treaty Arbitration

Resolving tax treaty disputes and improving dispute resolution mechanisms for tax treaty disputes have been important topics for international tax for decades, but it has not been an easy journey for the international tax community including policymakers, international bodies, and academics to come up with a clear solution. Similar to other global policies that require a multilateralagreement, a multilateral approach to a global tax policy cannot be easy as relations among the states with different backgrounds need to be coordinated and it involves critical issues relevant to national interests such as tax sovereignty, revenue, conflicts with domestic laws, and financial resources. That being said, the current global approach to resolve unsuccessful Mutual Agreement Procedure (“MAP”) cases of a tax treaty seems fairly straightforward under both the Organization for Economic Co-operation and Development and the United Nations’ Model Tax Conventions as both simply suggest arbitration to step in to render a final decision for the unsuccessful MAP cases. However, due to the factors mentioned earlier, the vast majority of the bilateral tax treaties do notcontain the arbitration clause, and it seems quite clear that an approach needs to be made from both within and outside the boundaries of international tax, tackling sub-issue by sub-issue, in order to improve dispute resolution mechanism for tax treaty disputes. This Article aims to highlight the importance of having the arbitration clause in a tax treaty, and focusing on the financial aspects of tax treaty arbitration, examines whether third-party funding (“TPF”), which has become more mainstream in traditional international arbitration proceedings, could be utilized in tax treaty arbitration to remove certain financial barriers as in other traditional arbitration proceedings by analyzing (i) any legal barriers, (ii) benefits from a justice perspective, and (iii) investment merit from a funder perspective. For the analysis, the Article specifically discusses (a) the current issues and the status quo of the MAP and tax treaty arbitration, (b) how TPF has been utilized in international arbitration and helping parties without orinsufficient financial resources, (c) differences and similarities between tax treaty arbitration and other types of international arbitration i.e., international commercial arbitration, investor-state arbitration, and state-state arbitration, and (d) TPF from both the taxpayer claimant and the funder perspective.

The Virtually Intelligent Negotiator: Building Trust and Maximizing Economic Gain in E-Negotiations

Virtual intelligence is “the ability to communicate and navigate relationships and achieve business goals when engaging with others who are not physically co-present.” Virtual intelligence is particularly critical in e-negotiations because negotiators compete to achieve economic goals but must cooperate to reach mutual agreement and maintain social relationships. I review key research findings on the advantages and disadvantages of virtual and in vivo negotiations. I make the point that in vivo negotiation does not always result in more trust and mutually beneficial outcomes than virtual negotiations. I use insights from research on e-negotiations and virtual communication to identify skills that facilitate trust and information sharing and lead to more desirable negotiation outcomes. I organize my discussion of virtual intelligence in terms of four key challenges that confront negotiators: relational concerns (building trust), conveyance (transmitting and receiving information), convergence (reaching a shared understanding of the situation), and achieving instrumental goals (negotiating a favorable outcome).

Studi Teoritis: Strategi Promosi Pelayanan Kesehatan Rumah Sakit Swasta Di Era Jaminan Pelayanan Kesehatan (JKN)

Facing the JKN era is not easy, especially for private hospitals. Private hospitals need strategy, understanding, understanding and mutual agreement throughout the internal hospital, both doctors, nursing staff, general staff and management. The strategy for promoting health services in hospitals and other health facilities is not much different from the marketing strategy in general. It aims to promote and introduce the Hospital and the services provided. The purpose of writing this scientific article is to find out and review from a theoretical point of view how the strategy is carried out by private hospitals in this JKN era. The method used is a theoretical study by analyzing and comparing existing theories. It then learns more about a subject in theory or research and helps readers understand it better and with implications. The results of this theoretical study are private hospital services by implementing strategies and principles for implementing the National Health Insurance Program (JKN) such as mutual cooperation, non-profit, openness, portability, membership, trust funds, and management. It can be concluded that the strategy for promoting health services in private hospitals is to implement them in accordance with established standards and laws. The health service quality strategy is also the main key to service promotion to increase patient satisfaction in receiving care. It is expected that hospital institutions will continue to provide excellent and comprehensive health services and meet the basic health needs of patients.

The Multilateral Instrument in Africa: A Strategic Analysis

The Multilateral Instrument (MLI) was launched under Action 15 of the Base Erosion and Profit Shifting (BEPS) Project in November 2016 under the joint collaboration of the Organization for Economic Cooperation and Development (OECD) and the G20 in order to update existing bilateral tax treaty provisions to counter BEPS more effectively. Despite the benefits that the MLI presents for updating the African treaty network, the analysis in this contribution reveals that its provisions addressing certain high priority BEPS issues such as the artifical avoidance of permanent establishment (PE) status under Action 7 and even the minimum standard provisions under Action 14 for improving the mutual agreement procedure (MAP) were implemented rather poorly in less than 40% of the eligible African treaties. The exception to this are the minimum standard provisions under Action 6 that modified more than 75% of the treaties to counter treaty shopping. This paper elaborates on the resulting policy implications and offers a number of normative recommendations for maximizing the benefits of the MLI implementation in the African context which could also be relevant in light of the proposed Pillar Two reform. Multilateral Instrument (MLI) implementation, BEPS in Africa, policy implications, developing countries, capacity building, Pillar Two, STTR

Nursing Home Resident, Family, and Staff Perspectives on Achieving Comfort at End of Life: A Qualitative Study.

Increasing numbers of US older adults die in long-term care facilities. This qualitative study explored nursing home resident, family member, and staff perspectives and preferences regarding end-of-life care for the resident. From 67 potential participants referred by staff, 47 were found eligible and consented, including 16 residents, 10 family members, and 20 staff. A semistructured questionnaire guided the interview process and included questions such as what matters most at the end of life and whether participants would opt for any of the 8 aggressive treatments proposed for a resident at the end of life. Data were analyzed using descriptive and pattern coding for thematic interpretation. The 3 themes that emerged were centrality of comfort, what matters most at the end of life, and promoting comfort. All participant groups overwhelmingly endorsed comfort as a priority. Some participants would accept aggressive treatment to alleviate suffering and promote comfort. Residents were concerned about the well-being of their families, whereas family members emphasized the importance of their presence and that their dying relatives were not suffering. Staff sometimes filled this role on their behalf. Ancillary staff emphasized bathing, dressing, and grooming the resident to preserve the resident's dignity. The results support comfort as a priority for care at the end of life and the need for more discussion to increase mutual agreement on goals of care and what promotes comfort for the resident and family.

Perspektif Model Bagi Hasil Laba Usaha Berbasis Syariah Pada Bumdes Sebagai Solusi Mitra Berkeadilan

The purpose of this study was to determine the application of the sharia-based profit-sharing model to village enterprise (Bumdes) in Banna Village, Paya Punteut Village, Muara Dua District, Lhokseumawe. Along with the establishment of Bumdes in every village in Indonesia, various operational problems have arisen that threaten business continuity. On the one hand, the existence of Bumdes is very beneficial for improving the welfare of rural communities, but on the other hand it creates various new problems. One of them is the problem of financial records and business profit sharing system. Forcing a profit-sharing model like an established company certainly cannot be done as quickly as possible because the communities and characteristics of village communities are different. Therefore, we need an approach, an appropriate model, that is familiar, but does not hinder the application of financial accounting principles/standards.The research method is descriptive qualitative. This study prioritizes a participatory approach by collecting relevant information from competent sources to be discussed together through Focus Group Discussions (FGD), observation, and preparation of financial reports with a Mudharabah contract (provit sharing). The results of the study show that the application of a sharia-based profit-sharing model requires mutual consent and agreement. In principle there should be no element of coercion and all rights and obligations must be explained in a transparent manner. There is no hidden intention to benefit either party. The principles of accountability and transparency applied by Bumdes Banna Lhokseumawe must be enforced to meet the qualifications for better accounting recording and reporting. Profit sharing is good if you use profit sharing methods, but the terms must be mutually agreed upon in writing and documented.

FEATURES OF MANAGING SOCIAL CONFLICTS BY PUBLIC AUTHORITIES

The article examines the peculiarities of managing social conflicts by public authorities. It is determined that the diversity of society can lead to conflicts due to the divergence of interests of different organizations and people. The state must intervene quickly to properly resolve disputes between the parties. In practice, the government that seems more prominent represents the state. Governments have all the power and perform all tasks on behalf of the state. According to most political definitions, the state is the only legitimate use of physical violence in society. So, by definition, it is almost involved when there is an armed conflict in society. However, violent control is not the only distinguishing feature. There are also financial, territorial, and ideological monopolies. The simultaneous implementation of these four monopolies ensures unity within the state and international independence. Various social conflicts that occur in society are a form of social catastrophe. These disasters were caused by human activity. Some of the drivers of social conflicts include gaps in economic differences, differences in political understanding between communities, discrimination, injustice, disobedience, neglect, and lack of understanding among a group of people. Proper treatment is to create peace in society. The role of local authorities is necessary to find appropriate forms of solutions. Early identification of problems and ways to solve them should be comprehensive. Identifying complex social problems is an attempt to increase sensitivity to emerging social problems. Sensitivity refers to the form of sensitivity when detecting a problem that includes frequency, prevalence, and trend. Social harmony programmes are designed as peaceful conflict resolution. Social harmony is a social condition that guarantees the creation of dynamic, harmonious and balanced relationships and social interactions between community members so that they can live peacefully side by side on the basis of equality, cohesion and true brotherhood. Maintaining peaceful conditions in a community is characterized by a harmonious social life (full tolerance and mutual support) to create social cohesion. Social conflict is a phenomenon that will continue to exist and cannot be separated in people’s lives, regardless of the positive and negative consequences that it causes. Local community culture, or often known in the community as local wisdom, can be a conflict management tool to create social harmony. The presence of local culture in the form of local wisdom, which has been agreed upon by mutual agreement, is another alternative and should be considered by the community, community leaders, the government and peace-supporting organizations as a means of resolving social conflicts.

The Timely Resolution of Mutual Agreement Procedure Disputes – Secrets of Success?

In this article, the author considers the secrets of success regarding the timely resolution of mutual agreement procedure disputes via an examination of key factors exhibited by countries that have received OECD awards for this specific achievement.

Weaving Indigenous and Western ways of knowing in ecotoxicology and wildlife health: a review of Canadian studies

Western-trained, non-Indigenous researchers in Canada have an ethical responsibility to collaborate with Indigenous Peoples and to re-envision the scientific research process through the lens of reconciliation. The health of the natural environment has long been a concern to both Indigenous and non-Indigenous Peoples, and weaving different ways of knowing could provide a path forward to address critical wildlife health concerns. Here, we conducted a review of the peer-reviewed and grey literature that claims to weave Indigenous and Western ways of knowing in ecotoxicology and wildlife health in Canada, coding for background information, wildlife health stressors, research methods, Indigenous participation, and research outcomes. Seventeen studies met the inclusion criteria, the majority of which were published since 2015 and took place in Canada’s North. Research collaborations were often between First Nations or Inuit knowledge holders (most frequently, active harvesters and Elders) and Western-trained, non-Indigenous academics. Most studies were initiated by mutual agreement between community partners and researchers, but no study was “Indigenous-led” at any stage of research. Studies investigated environmental contaminants and health-related topics in a range of wildlife, usually traditional subsistence species. The most commonly studied disease was avian cholera, and the most studied class of toxicants was metals and trace elements. Indigenous knowledge was primarily collected via interviews. Studies often used multiple methodologies to braid or weave knowledge, but the most frequently used methodology was community-based participatory research. To provide a more holistic understanding of the process of weaving knowledge, we conducted an in-depth examination, applying a decolonizing lens, of two exemplar cases of collaborative research with Indigenous communities. This exploration led to the conclusion that research that weaves ways of knowing must not be approached with a “one-size-fits-all” mindset, but instead should emphasize relationship building, continuous engagement, and ethical practices. By adopting such practices, Western-trained, non-Indigenous academics can better address critical wildlife health concerns while contributing meaningfully to advancing healing and reconciliation with Indigenous Peoples.

Introduction, Summary, Questions for the Future

Introduction, Summary, Questions for the Future

The Influence of Public Debt on Economic Growth: a Review of Literature

Purpose: This paper conducts a thorough examination of the theoretical and empirical literature on the influence of public debt on economic growth in both developed and developing economies. The drive of this research is to determine whether there is mutual agreement on the effects of public debt on economic growth in global economies.
 
 Design/methodology/approach: A literature review approach is adopted, and the current implications and future directions are explored based on theoretical and empirical analyses.
 
 Findings: The investigation uncovers a range of contradictory information on the relative influence of public debt on economic growth. Although most of the literature reviewed supports the negative impact of public debt on economic growth, several other studies have found a long-run affirmative influence of public debt on economic growth via the fiscal multiplier effect. The article also uncovered that a few more research back up the Ricardian Equivalence Hypothesis (REH), which claims that there is no relationship between public debt and economic growth. Overall, it indicates that theoretical models and empirical studies produce indecisive outcomes based on a variety of criteria such as the level of development of the sampled nations, the methodology utilized, data coverage, and the researchers' choice of control variables, among others.
 
 Practical implications: The outcomes may assist policymakers and governments in designing fiscal policies by analysing how existing debts affect the level of growth.

Implementation of Sharia Marketing Strategy as a Solution to Increase Linkaja Syariah Consumer Loyalty

<p> <em style="text-align: justify;"><span style="font-family: 'Adobe Garamond Pro',serif;" lang="IN">The purpose of this research is to find out the sharia marketing strategy as a solution to increase LinkAja Syariah consumer loyalty. The method used is a qualitative approach with descriptive analysis. Source of data obtained from primary data through interviews. The findings of this study indicate that the sharia marketing strategy implemented by LinkAja is a strategy that can increase the loyalty of LinkAja Syariah consumers. Promos and events are one of the sharia marketing strategies that are organized by providing various features in one application that make it easy and very practical for users to carry out all their transaction needs. The LinkAja Syariah strategy is carried out as an implementation to the community of the importance of sharia-based transaction education. The sharia marketing strategy is a form of activity that aims to meet customer needs through good behavior in providing halal products and services following a mutual agreement to achieve material and spiritual balance.</span></em></p>