Normative Conflict Research Articles

In Concreto Antinomies, Predictability, and Lawmaking

AbstractThis paper investigates whether or not cases of in concreto antinomies (ICAs for short, also called indirect antinomies, accidental antinomies, normative conflicts due to the facts, predicaments, or paranomies) can be predicted. I distinguish two main theoretical positions: “Prodetection” argues that we can predict in concreto antinomies; “unpredictability” argues that we cannot predict them.I exemplify the two positions by relying on a disagreement found in the literature; then, after reviewing that disagreement, I (i) provide arguments for both positions; (ii) highlight the problematic issues for a definition of in concreto antinomy based on conceptual independence; (iii) point out some problems in Martínez Zorrilla’s threefold conception of normative conflicts; and (iv) advocate the need to introduce a case for “practically unpredictable” normative conflicts.

KEWAJIBAN PERUSAHAAN PAILIT DALAM PENYELESAIAN HAK-HAK KARYAWAN DITINJAU DARI UNDANG UNDANG NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN UNDANG UNDANG NO 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

The Manpower Law and the Bankruptcy Law are both specifically regulating laws and regulations, so that in practice the priority principle cannot be used because the two laws have the same position. This of course results in a conflict of norms which creates legal uncertainty for workers in obtaining their rights. The formulation of the problem in this research is the Obligations of Bankrupt Companies in Settling Employee Rights in terms of Law No. 37 of 2004 concerning Bankruptcy and Law No. 13 of 2003 concerning Manpower, and the Legal Consequences of Bankruptcy Company Obligations in Settling Employee Rights in Review From Law No. 37 of 2004 concerning Bankruptcy and Law No. 13 of 2003 concerning Manpower. The method used is normative legal research. Sources of data consist of primary legal materials, secondary legal materials, and tertiary legal materials. In this study the data were analyzed qualitatively and in drawing conclusions, the authors applied a deductive thinking method. The conclusion in this study has answered the problems that arise, namely the Obligations of the Bankrupt Company in Resolving Employee Rights in terms of Law No. 37 of 2004 concerning Bankruptcy and Law No. 13 of 2003 concerning Manpower, the Company still has responsibilities that must be fulfilled to employees. , both before and after the bankruptcy declaration was passed. Prior to the issuance of the bankruptcy decision, the Company is responsible for paying the outstanding employee's wages and other rights in full before the Company loses its authority to manage and transfer its assets by the curator. Employees are entitled to severance pay, period of service pay, and compensation, in addition, employees are also entitled to wages payable before and after the bankruptcy decision. Based on Article 39 paragraph (2) Bankruptcy explains that since the date of pronouncement of the bankruptcy declaration, the wages payable before and after the pronouncement of bankruptcy constitute a debt of bankruptcy assets. This provision is then strengthened by other provisions, namely Article 95 paragraph (4) of the Manpower Law which states that when a company is declared bankrupt, the wages and other rights of the worker / laborer are a debt with payment precedence. Legal Consequences of Bankruptcy Company Jurnal Ilmiah Ilmu Hukum QISTIE Vol. 13 No. 2 November 2020 243
 Obligations in Settling Employee Rights In terms of Law No. 37 of 2004 concerning Bankruptcy and Law No. 13 of 2003 concerning Manpower, the company represented by the board of directors still has the duty to assist in resolving bankruptcy assets at the request of the curator. This is done to achieve the aims and objectives of the Company for bankruptcy so that debts to creditors, including employees as preferred creditors, can be realized. Employees as Creditors who are privileged in this case depend heavily on the actions taken by the curator because employees do not have the authority to carry out the execution of material guarantees like those of the Separatist Creditors.

선원근로계약의 준거법 결정원리

In principle, under Article 25 of the Korean Private International Law (hereunder, the KPIL), the parties to a seafarer's labor contract may choose the law governing the contract. However, the KPIL amends the principles of Article 25 for labor contracts in accordance with the need to protect the social and economically weak. In the case of labor contracts, even if the parties choose the applicable law, the protection given to workers cannot be deprived under the mandatory regulations of the country under the applicable law designated by Article 28, Paragraph 2 of the KPIL. Accordingly, it is expected that the provisions of the Labor Standards Act and the Seafarers Act related to the labor protection of seafarers, and the mandatory regulations of the Maritime Labor Convention will complement the principle of party autonomy. In addition, if the parties do not designate the law governing the contract, the contract shall be governed by the laws of the country most significantly related to the contract in accordance with Article 26 of Private International Law. If the parties do not choose the applicable law, however, the law governing the labor contract shall be governed by the laws of the state where workers routinely provide labor, notwithstanding the provisions of Article 26 of the KPIL. Also if a worker does not routinely provide labor within a country, the law of the country in which the employer employs the worker is the law governing the contract. Due to the peculiarity of the seafarer's labor contract, however, despite the provisions of Article 28 of the KPIL, there are questions of 'where is the country where workers routinely provide labor' and 'what is the employed office', with regard to the interpretation of Article 28 (2) of the KPIL. Considering the shipping practice comprehensively, the objective governing law of the seafarer labor contract should be regarded as the laws of nations where the location of the shipowner's headquarters or the location of the shipowner's business office. However, in spite of the objective governing law determination principle above, in order to faithfully implement the ideology of the private international law, it is necessary to comprehensively review whether or not the law of the ship owner's place of business is most closely related to the labor contract in each case. On the other hand, when determining the objective governing law of the seafarer's labor contract, if there is a lack of genuine relationship between the flag state of the ship and the seafarer's labor contract, and it is clear that the shipowner intends to use the poor working conditions of the country where the flag of convenience is located, the court shall make a decision in full consideration of the purpose of Article 8 of the KPIL. Article 3, Paragraph 1 of the Korean Seafarers Act (hereunder, the KSA) stipulates that the Act applies exclusively to the labor contracts of seafarers aboard certain ships prescribed by the Act. However because if the KSA is exclusively applied to seafarer labor relations, there is a possibility of conflict of norms with respect to the application of the mandatory provisions of the Maritime Labor Convention as well as the principle of party autonomy stipulated in Article 25 of the KPIL may be violated, the abolition of Article 3, Paragraph 1 of the KSA or legislative improvement is necessary.

Criminal accountability at what cost? Norm conflict, UN peace operations and the International Criminal Court

How do international organisations (IOs) balance norms that have conflicting prescriptions? In this article, we build on the literature on norm contestation and norm conflict to identify four ways in which IOs might respond to norm conflicts: (1) consistent norm prioritisation; (2) ad hoc norm prioritisation; (3) balanced norm reconciliation and (4) imbalanced norm reconciliation. How IOs are more likely to respond, we argue, depends on the salience of the norm conflict and the relative strength of the conflicting norms. We illustrate our argument by investigating the norm conflicts that the United Nations (UN) encountered between traditional UN peacekeeping norms and the norm of international criminal accountability in the context of assistance by UN peace operations to the International Criminal Court. Distinguishing between behaviour and discourse as well as headquarters and field levels, we argue that the UN’s response strategies have been largely successful at reducing the tensions generated by the norm conflicts, but that in the longer term they run the risk of both undermining the international criminal accountability norm and damaging the acceptance and credibility of UN peace operations.

Inclusive classroom interaction in lower secondary education

Following the German parliament’s ratification of the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2008, inclusive pedagogy has become increasingly relevant for educational science and educational policy. Empirical studies of classes which combine students with and without visual impairment mainly focus on questions of performance and well-being, while not directly examining classroom interactions. Our research seeks to address this notable lack of in-situ studies, using a selected case as an example and illustrating the potential of such an approach through reconstructing the contradictory expectations of inclusive teaching as a specific conflict of norms. This approach ought to demonstrate the potential insights to be gained by reconstructing and interpreting relevant communicative processes of meaning-construction. Based on transcribed interactions in an inclusive fifth-grade class, we interpret the scene of classroom instruction with regard to the normative conflict between the egalitarian promise of participation and a non-egalitarian focus on performance. Adopting a methodology of second-order observation, as outlined in Systems Theory, allows us to conduct an analysis of normativity in order to understand which norms prevail in interactions with students with and without visual impairment. At the center of the analysis is not only the common discrepancy between an inclusive school’s policy and its interactive implementation. Rather, our interpretations also show how the ableist norm of performance is navigated and negotiated among all participants in classroom communication and how the multitude of norms and expectations surrounding inclusive teaching come into conflict, that is, in the paradoxical structural tension between the operational necessity of establishing a separation between students and the policy imperative of decategorization.

How to Solve the Social Norm Conflict Dilemma of Green Consumption: The Moderating Effect of Self-Affirmation.

Social norms are important social factors that affect individual behavioral change. Using social norms to promote green consumption is receiving increasing attention. However, due to the different formation processes and mechanisms of the behavioral influence of the different types of social norms, using social norms to promote green consumption often has social norm conflict situations (injunctive norms + negative descriptive norms). Thus, it is difficult to attain the maximum utility of social norms. The present research found that social norm conflict weakens the role of injunctive norms in promoting green consumption. Specifically, negative descriptive norms weaken the role of injunctive norms in promoting green consumption. Alienation, which manifests through powerlessness and meaninglessness, plays a mediating role in the relationship between social norm conflict and green consumption. Self-affirmation moderates the mediating role of alienation between social norm conflicts and green consumption. Self-affirmation reduces the alienation caused by social norm conflict, thereby alleviating the weakening effect of social norm conflict on green consumption.

Priorities, Partners, Politics

Abstract The World Health Organization (WHO) is once more asked to reinvent itself and become more effective. This essay discusses recurrent reform proposals directed at the WHO which, in different ways, ask it to find a strategic focus and thereby its niche in the crowded global health arena. Looking back at decades of reform endeavors at the WHO, it exposes the contradictions and unresolved normative conflicts with regard to the WHO’s priorities. Ultimately, the WHO’s effectiveness hinges on Member State support for public authority in global health, and thus the political commitment to protect it against capture by special interests.

Revisiting Proportionality in Internal Market Law: Looking at the Unnamed Actors in the cjeu’s Reasoning

Abstract To understand how the Court of Justice of the European Union (cjeu) assesses the proportionality of restrictive national measures, one has to depart from the canonical reading of internal market law cases. An alternative reading of the cjeu case law, focusing on the “who” rather than on the “how”, is possible. This article argues that the control of proportionality should not be viewed as an abstract reasoning aiming at comparing the respective importance and value of the norms in conflict, but rather as an evaluation based upon the thorough description of the social reality of the persons whose life and interests are either affected or protected by the challenged restrictive measure. Because it analyses the control of proportionality as a social narrative elaborated by the judge, the article can demonstrate that among the roles conferred by the proportionality narrative to different characters, the most determinant ones are played by persons standing behind the scene: the “archetypal characters”.

Rebutting Four Arguments in Favour of Resolving ius cogens Norm Conflicts by Means of Proportionality Tests

Abstract The text casts doubt on the utility of proportionality tests to resolve conflicts between peremptory norms of public international law with reference to an argument advanced by João Ernesto Christófolo. Responding to Christófolo, the text maintains that subjecting conflicts between peremptory norms to a proportionality analysis entails judicial law-making, does not safeguard the interests protected by peremptory norms and that the use of proportionality tests cannot be justified with reference to the desired completeness of international law. Instead, the text argues that conflicts between peremptory norms should be dealt with head-on by openly acknowledging the existence of an irresolvable norm conflict and that, if at all, proportionality tests must be applied with utmost care to avoid that the interests of those undertaking a proportionality analysis prevail over the interests of those whose interests the balanced norms in questions are intended to protect.

Juridical Implications of Subject Limitation of Liability Rights in Electronic Services

This study aims to identify the legal construction and legal implications of the limitations of the legal subject of the mortgage provider in the electronic mortgage service system, as well as the legal protection of the legal subject of the mortgage provider in the electronic mortgage service system. The theory used is the theory of legal certainty, the theory of legal norms hierarchy and the theory of legal protection. The limitation of the subject of the mortgage provider in electronic mortgage services results in a conflict of legal norms which in the Mortgage Law does not limit the subject of the mortgage provider, and results in no longer validity of third parties as providers of mortgage rights who are not debtors. Then the legal protection is not much different from the previous process of imposing mortgage rights, the difference is in technical matters regarding documents that are now being carried out using electronic documents which are also electronic evidence.

Mehr Engagement der Politikwissenschaft in der Anthropoz\xe4n-Debatte

ZusammenfassungDie aktuelle Debatte um das Anthropozän wird bislang von den Naturwissenschaften dominiert. Dies führt zu einer verkürzten Analyse von Naturzerstörungen und der zugrundliegenden Veränderungen der Mensch-Umwelt-Beziehungen. In diesem Kommentar fordern wir die Politikwissenschaft auf, sich an der Debatte über das sogenannte Menschenzeitalter und seine weitreichenden Implikationen stärker zu beteiligen. Das Anthropozän zeichnet sich insbesondere durch komplexe Wechselwirkungen, nicht-lineare Dynamiken und Kipppunkte aus, an denen Entwicklungen umschlagen. Vor diesem Hintergrund wird deutlich, dass es im Anthropozän kein einfaches Management des menschlichen Einflusses auf das Erdsystem geben kann. Um die Ursachen und potenziellen Lösungen menschengemachter Umweltprobleme zu erforschen, sind Fragen nach Machtverhältnissen, Interessengegensätzen sowie Normkonflikten zentral. Die Politische Theorie ist zudem für die Beantwortung der Frage, wie sich die existierenden politischen Institutionen im Anthropozän reformieren lassen, höchst relevant. Der Politikwissenschaft kommt daher in der Anthropozän-Debatte eine besondere Rolle zu. Das Anthropozän sollte dabei nicht nur ein Thema für die umweltpolitikwissenschaftliche Forschung bleiben. Vielmehr ist ein Beitrag der Politikwissenschaft in der gesamten Breite der Disziplin notwendig, um in einem interdisziplinären Dialog adäquate Antwortstrategien auf systemgefährdende globale Umweltveränderungen zu entwickeln.

Reformulation of Work Relationships on the Outsourcing System in Indonesian Order to Protecting the Rights of Workers

The research entitled Reformulation of Work Relationship Norms in the Outsourcing System in Indonesia in the Framework of Protecting Workers' Rights was carried out based on normative legal research methods. Based on the analysis and study, it is found that in the Manpower Law, there are 2 (two) types of work agreements that are applied in the outsourcing system, namely a work agreement for an unspecified time (PKWTT) and a certain time work agreement (PKWT). In each outsourcing company, it is regulated with the option that the work relationship at the company receiving the contract, the option is PKWTT, but it can be agreed upon through PKWT if it meets the requirements of Article 59 (Law No.13 / 2003). Whereas the work relationship option for a company providing worker / labor services is basically PKWT if it meets the requirements referred to in Article 59 (Law No.13 / 2003), but if it does not meet the requirements of Article 59, the working relationship must be PKWTT as long as it is made in writing and signed handle the parties. However, it turns out that Article 59 of the Law No. 13 / 2003 not only regulates the terms of PKWT, but also regulates 2 (two) possible choices of types of work agreements for a job, namely: first, Article 59 paragraph (1) of Law of the Republic of Indonesia. No. 13 of 2003 concerning work relations through PKWT, and second, Article 59 paragraph (2) of Law of the Republic of Indonesia. No. 13 of 2003, regarding employment relations through PKWTT. In relation to the working relationship of the contracting recipient company, the Elucidation of Article 59 paragraph (2) states that part of the production process cannot be agreed upon through PKWT. Meanwhile, in the outsourced work contracting agreement, the option is a work relationship through PKWT or PKWTT. Thus there is a conflict of norms, between the norms of work relations in the outsourcing system required by the employer (user), and the norms that are applied to the outsourcing company. However, outsourcing companies continue to implement a working relationship through non-permanent contracts. As a result, there are at least 15 (fifteen) basic rights, including the constitutional rights of outsourced workers / laborers that are lost or cannot be realized. For this reason, presumably the laws and regulations regarding labor made during the Dutch East Indies government (in Indonesia) are more structured in accordance with the hierarchy of laws and regulations and are harmonious both vertically and horizontally and are coherently intertwined with one another. There is no sectoral ego and no interest from certain parties, so that it can last for decades or even more than one hundred years until now. Even though during the Dutch colonial period, the political law that was enforced was how to regulate the colony so that the monopoly on natural resources could be controlled. In this regard, it is suggested that in the formulation of laws and regulations it can be guided by the laws and regulations at that time which are completely clean from the secular ego without any interest from certain parties. The norms of working relations in the outsourcing system in Indonesian legislation are not harmonious and coherent. Between one another there is a discrepancy and conflict of norms. Therefore, it is necessary to reformulate (rearrange) so that each content of legislation is coherent (interlinked with one another) and reflects the principle of legal certainty, harmony and harmony, so that it can provide protection (protection) to all parties in an equitable manner. Keywords: Reformulation; Work relationship; Transfer System; Legal Protection DOI: 10.7176/JLPG/103-10 Publication date: November 30 th 2020

Murder of Jamal Khashoggi: An International Law Perspective

The assassination of Jamal Khashoggi, a prominent Saudi Arabian journalist, inside the consulate of Saudi Arabia in Istanbul, Turkey, was sure to raise alarms in the international community. The murder was further scandalized as speculations arose about the involvement of the Crown Prince of Saudi Arabia and investigations revealed gross violations of public international law principles. This paper analyses the limits of consular immunity and the inviolability of consular premises. Further, the violation of the territorial sovereignty of Turkey is in question. It is argued that Turkey as a host country could have prevented the incident, as it was not faced with a conflict of norms because harmonious interpretation of the relevant norms was possible in this instance. An international crime of this magnitude requires the determination of the individual criminal responsibility of the Crown Prince, and a condemnation in the international community. This study is aimed at examining the major international law issues for this incident, that took place in broad daylight, under the garb of consular immunity, against a civilian in protected premises.

KEBEBASAN PENETAPAN MODAL DASAR PERSEROAN TERBATAS OLEH PARA PIHAK BERDASARKAN PERATURAN PEMERINTAH NOMOR 29 TAHUN 2016

Along with the development of law and the community needs that developed rapidly, especially in the globalization era besides the enhancement of public demand for business development in accordance with good corporate governance principles, therefore on August 16, 2007 the Law No. 40 of 2007 was issued, which replace the Law Number 1 of 1995 concerning Limited Liability Companies. Then the enactment of Government Regulation No. 29 of 2016 concerning Changes in Authorized Capital of Limited Liability Company, specifically for beginner entrepreneurs to establish a Limited Liability Company. The provisions of Article 1 paragraph (3) of Government Regulation Number 29 of 2016 regulate: the amount of authorized capital for Limited Liability Company as referred to in paragraph (1) which based on the agreement of the Limited Liability Company founders. Furthermore, in Article 32 paragraph (1) of Law Number 40 Year 2007 concerning Limited Liability Company, regulate that the authorized capital of the Company is at least Rp. 50,000,000.00 (fifty million rupiah). From the above provisions it can be said, there is a norms conflict that cause multiple interpretations and does not provide legal certainty for the parties. Furthermore, the norms regulated in the Government Regulation should be in line with the norms regulated by the law above it, In this case Law Number 40 Year 2007. Keywords : Authorized Capital, Limited Liability Company, Parties

Legal Protection for Patient of Independent National Health Insurance’s Participant: Restriction on Hospitalization Upgrade

The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.

Konflikt norm pomiędzy maoryskim zwyczajem pochówku a nowozelandzkim prawem ustawowym

Celem artykułu jest przedstawienie konfliktu norm w porządku prawnym Nowej Zelandii na podstawie zwyczajowego pochówku Maorysów (tangihanga). Konflikt pozostaje nierozwiązany, a dotyczy wielu obywateli. Prawo nowozelandzkie to hybryda zwyczajowych i religijnych norm pochodzących od rdzennej mniejszości maoryskiej i brytyjskiego systemu prawa precedensowego. Należy podkreślić, że zwyczajowe prawo Maorysów (tikanga) posiada de iure pozycję normy o charakterze ius cogens. Wszelkie orzeczenia sądów i trybunałów czy akty parlamentu w Wellington lub czynności administracyjne powinny być podejmowane zgodnie z tikanga. Dotyczy to również prawa cywilnego, w tym pochówku. W ostatnich latach toczyło się kilka postępowań cywilnych między osobami pochodzenia maoryskiego. Ustawa o pochówku i kremacji z 1964 roku była sprzeczna z wolą rdzennych testatorów. Jednak bardzo często te tradycyjne rytuały pogrzebowe są niezgodne ze standardami prawa stanowionego. Niniejszy artykuł jest zatem próbą wykazania trudności w prawie cywilnym Nowej Zelandii. Temat ten zyskał na znaczeniu wraz z większą świadomością społeczeństwa obywatelskiego i szerszymi możliwościami kontaktu (zarówno prawnego, jak i pozasądowego) z państwem.

Legal Status of Flat Unit Ownership Certificate (Strata Title) in Indonesia

This study seeks to examine the legal status of flat unit ownership rights between Law Number 5 of 1960 and Law Number 20 of 2011; by using normative legal research (statute approach and concept approach), this research concludes: the legal status of flat unit ownership certificate as stipulated in the Law Number 5 of 1960 and Law Number 20 of 2011 cannot be said to have a conflict of legal norms. The difference in interpretation of those laws can be resolved by: (1) The principle of lex specialis derogat lex generale, means specific laws (in this case is Law Number 20 of 2011 concerning Flats) overrides general laws (in this case is Law Number 5 of 1960 concerning Basic Agrarian Law); (2) Article 16 paragraph (1) letter h of Law Number 5 of 1960 concerning Basic Agrarian Law provides: other rights not included in the previously mentioned rights will be stipulated in the law, as well as the temporary rights as referred to in article 53; thus, the term flat unit ownership certificate can be accepted because it does not conflict with applicable laws and regulations.

CJEU Achmea Judgment and What Comes Next. Some Reflections on the Potential Implications of the CJEU Judgment (C-284/16)

In the judgment of 6.03.2018 (Achmea case, C-284/16), CJEU ruled that treaty clauses that allow investor from one of the Member States to bring proceedings against another Member State before an arbitraltribunal outside the EU judicial system are irreconcilable with Articles 267 and 344 TFEU when such tribunal may be called on to interpret or apply EU law. This principle is applicable to EU trade or investment agreements (FTAs and IIAs), since they are part of EU law, and to BITs, FTAs and IIAs, since they contain explicit or implicit referrals to municipal (EU) law. In intra-EU relations, such a conflict of norms must be solved according to customary international law codified in the VCLT. According to this law, TFEU would prevail as lex superior and, in the case of Poland and many other Member States, as lex posterior. In intra-EU relations, TFEU prevails ex proprio vigore, i.e. without the need to terminate intra-EU BITs. However, such termination is highly desirable, not only for reasons of clarity, but also because arbitral tribunals and extra-EU courts are not bounded by the ECJ’s ruling. In the case of agreements with non-Member States, the incompatibilities referred to in the Achmea judgment must be eliminated by renegotiation or formal termination (Article 307 (2) TFEU). In the case of the BITs, the latter seems to be the only practical solution.

Kepastian Hukum Jumlah Modal Dasar Pendirian Perseroan Terbatas Setelah Berlakunya PP Perubahan Modal Dasar Perseroan Terbatas

Research on legal certainty the amount of basic capital establishment of limited liability company based on the norms of conflict between article 32 paragraph (1) of the limted liability company law concerning "the limited liability company capital of at least Rp 50,000,000.00" with article 1 paragraph (3) of government regulations The limited liability of the company's capital of limited liability concerning "the founding capital of the company is determined by agreement”. 2 problem are formulated: (1) What is the form for deposit of stock capital on the provisions of article 33 of the limited liability company law, (2) How is the legal certainty of the number of basic capital of the limited liability After the validity of government regulation change of the limited liability company. This purpose research is finding form of the deposit of stock capital and the basic capital of the limited liability company before and after enforcement of government regulation of limited liability of the company. The legal research method used normative legal research method with statute approach and conceptual approach. Capital deposits of shares can be made in the form of money and other forms of immovable tangible objects such as land and intangible objects in the form of bill of Rights; and arrangements regarding the underlying capital applicable in the establishment of the limited liability company is Article 1 paragraph (3) of government regulation of the limited liability of the company.

Feasibility and acceptability of a video library tool to support community health worker counseling in rural Afghan districts: a cross-sectional assessment

BackgroundRural Afghan populations have low skilled birth attendance rates and high maternal and infant mortality. Insecurity and armed conflict, geographic barriers, and cultural norms often hinder women’s access to facility-based reproductive, maternal, newborn, and child health (RMNCH) services. Community health workers (CHWs) are critical agents for behavioral change in this and similarly fragile settings, where RMNCH information exposure is limited by low literacy and mass media access. We assessed the feasibility and acceptability of a computer tablet-based health video library (HVL) to enhance CHW counseling on RMNCH topics in three rural Afghan districts.MethodsThe HVL was introduced by trained CHWs in 10 pilot communities within one rural district in each of Balkh, Herat, and Kandahar provinces. We used a mixed-methods study design to assess exposure to and perception of the HVL 6 months post-introduction. We surveyed married women (n = 473) and men (n = 468) with at least one child under 5 years and conducted in-depth interviews with CHWs and community leaders (shuras and Family Health Action groups) within pilot communities (n = 80). Program improvement needs were summarized using quantitative and qualitative data.ResultsHigher proportions of women in Balkh (60.3%) and Herat (67.3%) reported viewing at least one HVL video compared to women in Kandahar (15%), while male HVL exposure was low (8–17%) across all districts. Most HVL-exposed clients (85–93% of women and 74–92% of men) reported post-video counseling by CHWs. Nearly all (94–96% of women and 85–92% of men) were very interested in watching videos on other health topics in the future. Participants recommended increasing the number of videos and range of topics, using tablets with larger screens, and translating videos into additional local languages to improve the HVL program.ConclusionThe HVL was a highly acceptable tool for relaying health information, but coverage of female audiences in Kandahar and male audiences broadly was low. The HVL should better engage men and other key influencers to engineer local solutions that directly facilitate male HVL exposure, indirectly improve women’s HVL access, and support collaborative spousal health decision-making. A larger efficacy trial is warranted to measure the HVL’s effect on knowledge and health-related behavioral outcomes.