Principles Of Fairness Research Articles

JUSTICE PERSPECTIVES ON BP TANGGUH'S CLAIM TO CORPORATE SOCIAL RESPONSIBILITY IN BINTUNI BAY

Objective: This study is to determine and analyze the accountability of BP Tangguh and the Government concerning the rights of indigenous peoples in areas affected by BP Tangguh's operations. The focus is on evaluating these accountabilities through the lens of John Rawls' Theory of Justice. The study aims to identify any disparities between the proclaimed Corporate Social Responsibility (CSR) initiatives by BP Tangguh in Bintuni Bay and the justice values advocated by Rawls. Theoretical Framework: John Rawls' renowned framework, characterized by its emphasis on principles of justice, fairness, and equity, serves as a powerful tool for evaluating the actions and responsibilities of BP Tangguh and the Government with regard to indigenous communities. This framework offers a comprehensive lens through which one can critically examine the social, economic, and environmental impacts of corporate activities on these communities. Methodology: This research adopts a socio-legal research approach with a qualitative methodology. The data collection process incorporates observation, interviews, and literature study methods. Through these methods, the study aims to gather comprehensive insights into the social conditions of the communities around BP Tangguh's operational area and assess the effectiveness of CSR initiatives in promoting justice values. Results and Conclusion: The results of the study reveal significant disparities between the social conditions of the affected communities and the CSR claims made by BP Tangguh. This suggests a misalignment with the justice values advocated by Rawls. The study concludes that, in practice, the proclaimed Corporate Social Responsibility initiatives by BP Tangguh in Bintuni Bay fall short of reflecting the principles of justice put forward by John Rawls. Originality/Value: The originality and value of this study lie in its application of John Rawls' Theory of Justice to assess the accountability of BP Tangguh and the Government in relation to the rights of indigenous peoples. By employing a socio-legal research approach, the study contributes to the ongoing discourse on corporate accountability and social justice, shedding light on the practical implications of CSR initiatives in affected areas. The findings of this study may inform policy recommendations and contribute to the development of more equitable practices in the interactions between corporations, governments, and indigenous communities.

Substantiation of Estimation Methods of Technogenic Noise Impact in Cadastral Value Determination of Land Plots

This article presents a substantiation of methods for assessing the impact of anthropogenic noise pollution for land taxation. Statistical analyses have been carried out in order to establish the dependence of the market value of land plots for residential development in St. Petersburg on noise pollution caused by transport infrastructure facilities. The obtained data allowed us to conclude that in the modern conditions of the imperfect market, the considered factor is externalized. When finding the dependence, it can be included in the economic–mathematical model of cadastral value determination as an internal factor of the market, thus ensuring the principle of fairness of taxation. The lack of market reaction dictates the need to internalize negative environmental externalities through state regulation of land redistribution or redistribution of the tax burden between land rightholders and rightholders of objects that create noise.

Synthetic data protection: Towards a paradigm change in data regulation?

Synthetic data generated through machine learning algorithms from original real-world data is gaining prominence across sectors due to their potential to provide privacy-preserving alternatives to traditional data sources. However, recent studies have raised concerns about the re-identification risks of synthetic data. This article examines the legal challenges surrounding synthetic data protection, with a focus on the European Union's General Data Protection Regulation (GDPR). After briefly explaining the methods of synthetic data generation and discussing their potential for privacy preservation, the article analyses the shortcomings of the personal/non-personal dualist approach under the GDPR. It then assesses the possibility of a paradigm change in data protection legislation, moving beyond this binary categorisation. The article argues in favour of establishing clear guidelines for the generation and processing of synthetic data, prioritising the principles of transparency, accountability and fairness.

Penerapan Prinsip Syirkah Abdan dalam Pembagian Harta Perkawinan

Law Number 1 of 1974 explains the division of Marital Property, stating that property acquired during marriage and inherited by each spouse is called joint property. The Compilation of Islamic Law contains regulations governing the division of joint property in the context of Islamic marriages. Syirkah Abdan, as a principle in the division of marital property, can serve as a basis for implementing a fair distribution principle in accordance with the contributions of each party. If both parties agree, the division of joint property can be based on customary law, religious law, or other legal frameworks. The application of the Syirkah Abdan principle in the division of marital property is expected to ensure justice and equality between husband and wife. In this context, the active role and real contributions of both parties are recognized in a balanced manner, in line with the principles of Syirkah itself. This research makes a significant contribution to designing policies and practical guidelines to ensure the active contributions of husbands and wives are acknowledged and fairly valued in the division of marital property. The aim of this research is to explore a deep understanding of the implementation of the Syirkah Abdan principle in the division of marital property and the conception of marital property according to the Compilation of Islamic Law and Law Number 1 of 1974. The application of the Syirkah Abdan principle in the division of marital property is the main focus to identify its processes and impacts in the context of marital relationships. The research methodology used is normative legal research with a literature research methodology; primary, secondary, and tertiary legal library sources were examined.

Comparative Study of Radio Resource Distribution Algorithms

The equitable distribution of radio resources among different users in wireless networks is a difficult problem and has attracted the interest of many studies. This study presents the Proportional Fair Q-Learning Algorithm (PFLA) to enable the equitable distribution of radio resources among diverse users through the integration of Q-learning and proportional fairness principles. The PFLA, Round Robin (RR), and Max Throughput (MaxTP) algorithms were compared to evaluate their effectiveness in resource allocation. Performance was measured in terms of sum-rate throughputs and fairness index. The comparison results showed an improvement in the fairness index metrics for PFLA compared to the other algorithms. PFLA showed gains of 11.62 and 43% in the fairness index compared to RR and MaxTP, respectively. These results show that PFLA is more efficient in utilizing available resources, leading to higher overall system throughput and demonstrating its ability to balance performance metrics between users, especially when the number of users increases.

The Game of Changes in Property Rights and Its Principles after the Confirmation of Rural Land Rights

Since the implementation of the rural revitalization strategyof China, the rural land contracting rights have been fully confirmed. However, after strict property rights confirmation, in the process of deepening rural revitalization, there will still be significant changes in the order of rural land property rights, and new interest game and problems will arise. This game has spontaneity based on fair judgment, arbitrariness in approach, and reflects the inherent entanglement between the ownership and contracting rights of rural land after it is confirmed. We should apply the principles of balancing efficiency and fairness, especially the principle of fairness within the village, the dual property rights principle of balancing rural land ownership and contracting rights, and the principle of balancing the rule of law, autonomy, and village conditions, to reasonably regulate and guide major changes in property rights after the confirmation of rural land rights.

Poverty, redistribution, and the middle class: redistribution via probability distributions vs. redistribution via the linear income tax system.

It has been known for a long time that (1) when graphs of income amount on income relative rank for two income distributions intersect twice, three "transfer groups" are generated, with the poorest and richest both gaining under the same alternative income distribution and the middle group losing; and (2) the linear income tax system satisfies three fundamental principles of tax justice, namely, that as pretax income increases, three quantities should also increase-posttax income, tax amount, and tax rate. This paper links those two ideas, suggesting that the linear income tax system may be the natural and most effective way to guard against poverty reduction policies which, while helping the poorest, as urged by Rawls, may harm the middle, contributing to the weakening of the middle class, thought at least since Aristotle to be the backbone of society. This paper illustrates the two approaches with one initial distribution and three alternative final distributions, contrasting their minimum, median, proportion below the mean, and inequality. It also shows how to guard the linear income tax system against violating the tax amount principle of tax fairness when there is an injection of resources (e.g., from deficit spending or oil revenues) and how to empirically estimate the parameters (e.g., the marginal tax rate) of the linear income system that the population will regard as fair.

The problem with criminal records: Discrepancies between state reports and private‐sector background checks

AbstractCriminal records are routinely used by employers and other institutional decision‐makers who rely on their presumed fidelity to evaluate applicants. We analyze criminal records for a sample of 101 people, comparing official state reports, two sources of private‐sector background checks (one regulated and one unregulated by federal law), and qualitative interviews. Based on our analysis, private‐sector background checks are laden with false‐positive and false‐negative errors: 60 percent and 50 percent of participants had at least one false‐positive error on their regulated and unregulated background checks, and nearly all (90 percent and 92 percent of participants, respectively) had at least one false‐negative error. We define specific problems with private‐sector criminal records: mismatched data that create false negatives, missing case dispositions that create incomplete and misleading criminal records, and incorrect data that create false positives. Accompanying qualitative interviews show how errors in background checks limit access to social opportunities ranging from employment to education to housing and violate basic principles of fairness in the legal system.

Reviewing the role of AI in environmental monitoring and conservation: A data-driven revolution for our planet

The rapid increase in human activities is causing significant damage to our planet's ecosystems, necessitating innovative solutions to preserve biodiversity and counteract ecological threats. Artificial Intelligence (AI) has emerged as a transformative force, providing unparalleled capabilities for environmental monitoring and conservation. This research paper explores the applications of AI in ecosystem management, including wildlife tracking, habitat assessment, biodiversity analysis, and natural disaster prediction. AI's role in environmental monitoring and conservation includes wildlife tracking, habitat assessment, resource conservation, biodiversity analysis, and species identification. AI algorithms analyze camera trap footage, drone imagery, and GPS data to identify and estimate population sizes, leading to improved anti-poaching efforts and enhanced protection of diverse species. Habitat assessment and resource conservation involve AI-powered image analysis, which aids in assessing forest health, detecting deforestation, and identifying areas in need of restoration. Biodiversity analysis and species identification are achieved through AI algorithms that analyze acoustic recordings, environmental DNA (eDNA), and camera trap footage. These innovations identify different species, assess biodiversity levels, and even discover new or endangered species. AI-powered flood prediction systems provide early warnings, empowering communities with better preparedness and evacuation efforts. Challenges, such as data quality and availability, algorithmic bias, and infrastructure limitations, are acknowledged as opportunities for growth and improvement. In policy and regulation, the paper advocates for clear frameworks prioritizing data privacy and security, algorithmic transparency, and equitable access. Responsible development and ethical use of AI are emphasized as foundational pillars, ensuring that the integration of AI into environmental conservation aligns with principles of fairness, transparency, and societal benefit.

Implementation of Compensation of Rights of Ownership on Land in the Development of Toll Road in Dumai City, Riau Province

This paper is based on the research in Dumai City in 2019. Frequently, in the implementation of land acquisition resettlement for general interest development emerged issue in compensation. The former land owner whose land has been used for development of toll road Pekanbaru – Dumai (in this matter is in Bagan Besar Urban Village, Dumai City) didn’t feel satisfied with the compensation they had received. In the Article 1 point 10 of the Law Number 2 of 2012 on Land Acquisition Resettlement for General Interest Development is regulated that Compensation is the adequate and fair compensation to the parties who has rights in the process of Land Acquisition Resettlement. This research is empirical legal research. The result of this research shows that principle of adequate and fair has not been implemented.

Through the Justice and the Sovereignty Over Natural Resources: An Analysis of 100 % Foreign Direct Investor Ownership over Geothermal Sector Project

The enactment of the Job Creation Law and the Presidential Decree Number 10 of 2021 concerning the Investment Business Sector has make it possible for foreign investors to gain 100% ownership over geothermal sector projects. This policy then raises an important question, which is whether such policy violates the Sovereignty over Natural Resources doctrine, and if so, what kind of policy should be made. This study aims to analyze Indonesia’s geothermal foreign direct investment policy through the Sovereignty over Natural Resources doctrine and implementation of the fair efficiency principle, which also includes aspects of efficiency and justice. This study is normative legal research using statute approach and conceptual approach. The result of this study indicates that, although 100% foreign investor ownership over geothermal exploitation projects could be seen as an efficient policy to attract investors. However, it is still lacking the proper regulation to ensure said policy will not cause harm to the people.

Minori in viaggio per farsi curare

Equitable access to healthcare is crucial to ensure the fundamental human right to health for all, also for children. However, the possibility to use in appropriate manner medical services (e.g. to access hospital) differs substantially across Italian regions. It is a situa- tion, source of inequality, that has been known for some time and has not found a solu- tion to date. In 2020, the pandemic year, 74.071 hospital admissions occurred for chil- dren and adolescents residing in regions other than that of hospitalization (14.3% of to- tal hospitalizations outside the region of residence). The national flight index was 8.7 ranging from 3.4 of Lazio to 43.4 of Molise. 54.8% of out-region hospitalizations are for patients traveling from one of the regions bordering their residence, in particular to be born. The starting regions with the highest mobility rate and long distance hospitalisation were Calabria, Sardinia, and Sicily with a flight index of 29.0, 11.8 and 11.5 for a to- tal of 11,745 hospitalizations. The main causes of hospitalization in a region far from their own are attributable to psychiatric disorders (43.3% of its Major Diagnostic Cate- gory), epilepsy and cephalalgy care (24.3%), and surgery for the replacement of major joints or reimplantation of the lower limbs with (18.5%). The phenomenon of medical mi- gration undermines the principles of universality, equality and fairness and it is therefore necessary to intervene to guarantee an unfulfilled right in its entirety. Centers of excellen- ce for pediatric care and clinical research are also needed in the southern regions.

PERLINDUNGAN HAK ANAK DALAM PERCERAIAN MENURUT HUKUM KELUARGA ISLAM

This study aims to examine the protection of children's rights in cases of divorce according to Islamic family law. Divorce is a problem that often occurs in family life and can have a negative impact on children. Therefore, it is important to understand how Islamic family law provides protection for children's rights in the context of divorce. Normative legal research methods with a literature study approach. The data used are relevant legal materials, including the Al-Qur'an, hadith, as well as the opinions of Islamic scholars and jurists regarding issues of divorce and protection of children's rights. The results of this study indicate that Islamic family law pays great attention to the protection of children's rights in divorce cases. Islamic law emphasizes the importance of maintaining the integrity of the family and the well-being of children as a top priority. In the context of divorce, Islamic law places a great responsibility on both parents to protect the rights of the child, including the rights to life, education, health and security. In addition, Islamic family law also provides clear guidelines regarding divorce procedures and children's rights after the divorce occurs. In terms of child care, Islamic law encourages parents to reach a good and fair agreement in the best interest of the child. If there is no agreement, the judge will decide on child care based on the principles of fairness and the best interests of the child.

Принципы защиты прав частного собственника в случаях применения к нему процедуры принудительного выкупа имущества для государственных и муниципальных нужд

The article reveals the content of the inviolability of private property as one of the main principles of civil law. As elements of the content of this principle, the principles of legal regulation of the procedure for forced purchase of property for state needs are proposed: the principle of invariability of legal regulation; the principle of exclusivity of the forced redemption procedure; the principle of fairness of compensation; the principle of unimpeded judicial protection.

Конституционная сущность судебной кассации по уголовным делам

The article proves that cassation in criminal cases, thanks to the judicial reform carried out in 2018 and amendments to the Constitution of the Russian Federation introduced in 2020, has become a cross-cutting legal institution, including, first of all, the norms of constitutional law, which ensures real constitutional guarantees to ensure the legality of sentences and other decisions in criminal cases based on the principles of fairness, legal certainty, independence of courts and independence of judges.

Strategi Integrasi Maqashid Syariah Dalam Kebijakan Good Corporate Governance Di Perbankan Syariah

Maqashid sharia is the goal and secret that has been established by Allah SWT as the creator of legal rules that humans must obey as creatures who have been created with the aim of being caliphs on this earth. Good Corporate Governance is a system of good corporate governance in managing the company's resources efficiently, effectively, economically and productively using the principles of openness, accountability, responsibility, independence and fairness in an effort to achieve the goals of establishing the company. The aim of this research is to determine the integration strategy for maqashid sharia in good corporate governance policies in maintaining sharia banking operations. The research method uses a qualitative approach with a literature study type of research. The results of the research are the application of maqashid sharia values ​​in products and operational activities in sharia banking, namely protecting religion, protecting the soul, protecting the mind of both the customer and the bank, protecting property and protecting offspring. In order to increase sharia maqashid values ​​in accordance with the principles that must be implemented by sharia banking, good corporate governance policies must carry out two stages, namely: The need to make the rules and recognition mechanism (endorsement) from the fatwa authority more effective and the supervisory system that supervises it more effective. Bank financial transactions are in accordance with the fatwa issued by the banking fatwa authority.

Contracting Balance in Islamic Banking Mudharabah Agreements in Indonesia: Islamic Economic Perspective

The purpose of this study is to determine the position of mudharabah contracts in fiqh and the practice of mudharabah contracts in Islamic banking in Indonesia in general. The research method used by the author in this research is literature review, data collection through several journals, and several other references, then data analysis uses review analysis using data reduction, systematic and objective. The results of this study reveal that the mudharabah contract is a collaboration between the owner of the funds or investors (shaihb al-mal / rabb al-mal / investors) and the manager of capital (mudharib) to do business on the basis of a profit sharing ratio. Although mudharabah contracts have no basis in the Koran or implicit sunnah, they were used to carry out trade by the early generations of Muslims. Contracts are developed by the Fuqaha under conditions on his behalf based on general sharia principles of fairness. Islamic banking practices in carrying out mudharabah contracts as financing in the case of mudharabah contracts are one of the banking products, namely in the form of time savings, for example hajj savings, sacrifices, and special savings (special investments)

Penetapan Harga Produk Industri Kerajinan Kayu UD. Akar Dewa Jati di Desa Karanganyar Kecamatan Kendit Kabupaten Situbondo dalam perspektif Etika Bisnis Islam

Odd pricing applied by UD. Akar Dewa Jati are only partly in wooden craft products. With the reason of attracting consumer interest and it is felt to be quite effective. The aim is to gain profits, gain market share and maintain the survival of industrial or business premises. Determining an odd price strategy is in accordance with Islamic business ethics by always prioritizing the principle of balance or fairness and responsibility in the form of honesty in conveying product prices, carrying out fair transactions and not committing fraud that could cause harm to other people. Meanwhile, for the remaining change from price rounding, if there is no change, it will be replaced with candy or transferred to social funds.

Consumer extremism (terrorism): Is it an independent legal phenomenon or a type of abuse of rights?

This paper is devoted to the search for an answer to the question whether consumer extremism (terrorism) is an independent legal phenomenon or a specific type of abuse of rights. The etymology is defined and a brief description of the essence of the concepts of “extremism” and “terrorism” is given. It is analyzed how these concepts relate to the protection of consumer rights. It is noted that in journalism and scientific research, the concepts of “consumer extremism” and “consumer terrorism” are used not in mutual connection, but as synonymous terms. The concept of “abuse of rights” is analyzed in relation to the principles of good faith, reasonableness and fairness. Two approaches to understanding the content of the concept of “consumer extremism (terrorism)” have been identified: in a narrow sense, it coincides with the concept of “abuse of rights”, in a broad sense it combines cases of abuse of rights and cases of illegal behavior. Based on a narrow approach, consumer extremism (terrorism) is a type of abuse of rights, and from a broad one it is an independent legal phenomenon. The author concludes that in journalism, in order to draw attention to the problem of excessive and unjustified exercise of subjective rights by consumers, the term “consumer extremism (terrorism)” has the right to exist, but as a legal concept it is overly politicized and not specified.

Inequality in the distribution of resources in the health sector before and after the Health Transformation Plan in Qazvin, Iran

BackgroundThe equitable distribution of healthcare resources represents a paramount objective in the realm of global health systems. Thus, the present study sought to assess the fairness in the allocation of health resources at Qazvin University of Medical Sciences (QUMS), both prior to and subsequent to the implementation of the Health Transformation Plan (HTP) using the Gini coefficient and the Hirschman–Herfindahl index (HHI).MethodsThis descriptive-analytical study aimed to investigate the distribution of healthcare resources among general practitioners (GPs), specialists, and subspecialists employed at QUMS between 2011 and 2017. Demographic data pertaining to the cities were obtained from the statistical yearbooks of the Statistical Center of Iran, while information regarding the healthcare workforce was extracted from QUMS records. The analysis utilized two key measures, namely the Gini coefficient and the HHI, to assess the fairness of resource distribution. Data analysis was performed using Microsoft Excel 2016 and the Stata statistical software.ResultsThe highest number of GPs, specialists, and subspecialists was observed in 2014, 2017, and 2017, respectively, while the lowest number was recorded in 2016, 2011, and 2015, respectively. From 2011 to 2017, the Gini coefficient for GPs ranged between 0.61 and 0.63. Among specialists, the lowest Gini coefficient value was observed in 2015 (0.57), while the highest was recorded in 2017 (0.60). The Gini coefficient for subspecialists remained constant at 0.52 from 2011 to 2017. The HHI revealed a high concentration of GPs in the cities of Qazvin province. Although the disparity gradually decreased in the specialties of eye, ear, nose, and throat, and pediatrics, the concentration still persists in Qazvin. In general surgery, the index value is low, indicating some level of inequality. In anesthesia and neurology, the index value decreased after the HTP and reached 5700; however, achieving equality (below 1000) still requires further efforts. No significant change in the index was observed after the HTP in specialties such as neurosurgery, rehabilitation, and nuclear medicine. Subspecialists also exhibited a concentration in the city of Qazvin.ConclusionBased on the analysis of the Gini and HHI, it is evident that the distribution of GPs has not undergone significant changes following the implementation of the HTP. The Gini coefficient, which ranges from 0.4 to 0.6, indicates a high to complete level of inequality in the distribution of specialists and subspecialists. Moreover, the HHI exceeds 1000, reflecting a concentration of resources in specific areas. As a result, the HTP has not yet achieved its goal of ensuring a fair distribution of human resources. To address this issue, it is recommended to redesign distribution policies, including the allocation of physical health resources, such as specialized hospitals, beds, and medical equipment. Additionally, increasing student admissions in specialized and subspecialized fields and implementing tariff incentives can contribute to a more equitable distribution of resources. By aligning distribution policies with the principle of fairness, the healthcare system can better address the issue of resource distribution.