Secondary Laws Research Articles

UMUMTAʼLIM MAKTABLARINI OʻQITUVCHI KADRLAR BILAN TAʼMINLASHDAGI OʻZGARISHLAR: YUTUQ VA MUAMMOLAR

In the article, the changes that occurred in the system of pedagogical education and pedagogical staff training in the Uzbek SSR in the years after the Second World War, the reforms implemented by the Soviet authorities in the field of higher education and secondary special education, laws and decisions, problems in their implementation, achievements in the field of pedagogical education efforts were made to highlight the achievements and problems in the education system based on available sources.

Kegaduhan Tetangga Dalam Perspektif Hadits Muttafaq ‘Alaih Dan Pasal 503 KUHP

In Islam, neighborly manners are highly recommended, because neighborly harmony is one of the main pillars in building a harmonious and prosperous society. In fact, the Prophet SAW also made this as one of the signs of one's faith. But on the other hand, it is not uncommon to find neighbors who make noise at night and often make other neighbors around them feel uncomfortable and disturbed. In addition to violating neighborly manners, it also violates positive law in Indonesia. The Criminal Code is one of the positive laws that regulates neighborly life, which discusses the rights and obligations of neighbors and the actions of neighbors that violate the law. The discussion that will be discussed in this research, namely regarding the noise of neighbors seen in the perspective of one of the hadiths and articles in the Criminal Code. This is intended so that ordinary people are not ignorant of the importance of neighborly manners and introduce the applicable law related to the issue so that the community can maintain harmony in neighboring. Normative juridical is the method of approach that researchers use to examine this research with secondary materials available laws, books, and journals.

Онтологизация познания: уровни, направления и средства реализации

The article investigates the problem of ontologization of cognition, i.e. increasing the level of conformity between the knowledge system and being. Various levels of ontologization of knowledge are examined depending on the nature of the reflection of reality in the system of knowledge. Four levels of ontology are distinguished: the first level corresponds to the injective and bijective mappings of reality onto the knowledge system; the second level involves surjective mapping; the third level encompasses knowledge formed through isomorphic mapping of relationships between elements from reality onto the knowledge system; the fourth level involves knowledge formed through isomorphic mapping of relationships between elements within the knowledge system. Prospects for the ontologization of cognition are related to the expansion of metaphysical and consequent knowledge, the elevation to the fourth level of knowledge domains that lack ontologicality, and the expansion of knowledge linking secondary laws and properties of objects to patterns. The main tool for ontologizing cognition should be a general theory of systems, extended with a metaphysical component and supplemented with extensive collections of patterns, primitives, secondary properties and laws. The author is working on such a general systems theory, referred to as the “empirico-metaphysical general theory of systems”. In conclusion, development of an empirico-metaphysical theory of systems promises to provide a robust framework for addressing the challenges of cognition representation, synthesis, and application across diverse domains. As researchers continue to delve into the nuances of ontological alignment, the proposed framework offers a promising avenue for fostering interdisciplinary collaboration and advancing our understanding of the fundamental nature of cognition.

Современная реализация натурфилософской концепции познания на основе эмпирико-метафизической общей теории систем

The article examines the relationship between philosophy and science, as well as the possible role of general systems theory in the formation of the field of consolidated philosophical and scientific knowledge. It is argued that the existing arguments concerning the incompatibility of philosophy with the criteria of scientificity only point to the existence of differences between philosophical knowledge and knowledge within the framework of private sciences. At the same time, philosophy is the methodological and paradigmatic basis of all sciences. It is suggested that it is expedient to return to the natural-philosophical concept of cognition, according to which the core of science is philosophy, and private sciences act as tools of cognition of separate subject areas. The methodological basis for the realization of the natural-philosophical concept today can be the general theory of systems, supplemented by the ontological component. In the article the idea of a common field of knowledge formed by philosophy and all private sciences is put forward. This field of cognition is formed by areas of three types: metaphysical knowledge, private sciences, and areas of generalized or universal knowledge, the cogni-tion of which can be carried out only by means of the general theory of systems. An extended version of the general theory of systems is proposed – the empirical-metaphysical general theory of systems, which, in the author’s opinion, possesses the necessary capabilities for the realization of philosophical cognition. The pro-posed general theory of systems includes an epistemological component (metaphysics of material being) as well as an ontological component. А cognition of complex non-deterministic objects within the framework of empirical-metaphysical general theory of systems is realized by a wide set of tools: collections of patterns and primitives of systems, secondary laws and properties of objects, evolutionary way of cognition and laws of evo-lutionary growth of complexity of systems, as well as methodology of formation of reliable knowledge.

POPULAR CONSULTATION IN MEXICO

The aim of this work is to analyze the shift from a representative democracy to a participatory democracy, allowing citizens to have a greater involvement in decisions corresponding to the State through mechanisms such as the popular consultation. Additionally, the constitutional framework and secondary laws are examined to scrutinize the arguments put forth by the Supreme Court of Justice of the Nation, as well as by legislators, regarding the popular consultation. Key arguments linked to various articles, particularly those related to Human Rights, established in the Political Constitution of the United Mexican States, are unraveled in the cited examples of attempts to carry out the popular consultation, concerning issues such as the energy sector, political matters, or labor. In conclusion, this inquiry addresses the legal complexity for the first-time implementation of the constitutional framework of the popular consultation, reflections that contribute to a better understanding of the background and current situation of this participatory democracy mechanism in Mexico.

Mandatory seatbelt laws and traffic fatalities: A reassessment

AbstractUsing data from the Fatality Analysis Reporting System for the period 1983–1997, Cohen and Einav (Review of Economics and Statistics 2003; 85[4]: 828–843) found that mandatory seatbelt laws were associated with a 4–6% reduction in traffic fatalities among motor vehicle occupants. After successfully replicating their two‐way fixed effects estimates, we (1) add 22 years of data (1998–2019) to capture additional seatbelt policy variation and observe a longer post‐treatment period, (2) employ the interaction‐weighted estimator proposed by Sun and Abraham (2021) to address potential bias due to heterogeneous and dynamic treatment effects, and (3) estimate event‐study models to investigate pre‐treatment trends and explore lagged post‐treatment effects. Consistent with Cohen and Einav (2003), our updated estimates show that primary seatbelt laws are associated with a 5 to 9% reduction in fatalities among motor vehicle occupants. Estimated effects of secondary seatbelt laws are smaller in magnitude and sensitive to model choice.

ROLE OF PHYSICS IN PHYSICS-INFORMED MACHINE LEARNING

Physical systems are characterized by inherent symmetries, one of which is encapsulated in the units of their parameters and system states. These symmetries enable a lossless order-reduction, e.g., via dimensional analysis based on the Buckingham theorem. Despite the latter's benefits, machine learning (ML) strategies for the discovery of constitutive laws seldom subject experimental and/or numerical data to dimensional analysis. We demonstrate the potential of dimensional analysis to significantly enhance the interpretability and generalizability of ML-discovered secondary laws. Our numerical experiments with creeping fluid flow past solid ellipsoids show how dimensional analysis enables both deep neural networks and sparse regression to reproduce old results, e.g., Stokes law for a sphere, and generate new ones, e.g., an expression for an ellipsoid misaligned with the flow direction. Our results suggest the need to incorporate other physics-based symmetries and invariances into ML-based techniques for equation discovery.

Exploring Contemporary Issues and Key Takeaways: A Comparative Analysis of Civil-Law Notary Laws in Indonesia and Louisiana

Notary as a public official authorized to make authentic deeds in each country has its own rules by adhering to the civil law and common law legal systems, this is specially true for Indonesia and Louisiana which have similarities in adhering to the civil law legal system. This study aims to compare the legal arrangements of notaries in Indonesia and Louisiana where to examine contemporary issues or important points found from legal comparisons. This method uses a type of normative legal research with a comparative approach, statute approach, and conceptual approach made from primary and secondary laws, which are collected using document research techniques in a description analysis. The results and findings of this comparative analysis are that there are significant differences related to notaries from countries that both adhere to the civil law legal system, this can be seen in terms of history, qualifications, duties and authorities to become a notary, sanctions and resolutions for violations that will occur. This legal difference raises interest in the realm of notaries which is expected through this research can be one of the supporting sources for the Indonesian state to discover the findings of notaries in various jurisdictions so as to improve positive law and or at least form a deeper body of knowledge in the field of notaries.

CLARIFICATION OF THE PURPOSES AND TASKS OF THE GENERAL THEORY OF SYSTEMS

The article is devoted to the clarification of the goal and objectives of the general theory of systems. The existing formulations of the goal and objectives of the general theory of systems are considered and the author’s revised and extended formulations are proposed. The proposed objectives of the general theory of systems include three applied objectives and three fundamental objectives, which should be solved before solving the applied objectives. The applied objectives of the general theory of systems are: the description of a system’s existence by means of patterns and primitives, description of an object’s behaviour based on secondary properties and laws, and verification of the object description validity. The fundamental objectives include the definition of representative sets of primitives, patterns, secondary properties and laws, as well as the development of a methodology for verification Прикладные исследования, технологии 99 of the object description validity based on finding the rules of knowledge and defects in the found knowledge.

‘Look at the camera and say cheese’: the existing European legal framework for facial recognition technology in criminal investigations

ABSTRACT Facial recognition technology represents the state of the art in modern criminal investigations. However, the legal position regarding its use in Europe remains unclear. This ambiguity is not because of a total lack of applicable norms. Rather, it occurs because the existing standards create a kind of legal patchwork distributed among European Union primary and secondary laws and norms from the Council of Europe. Although the recent European Commission proposal on a legal framework for artificial intelligence has clarified some issues, it has also added more complexity to an already unclear domain. Before launching an effort to build a specific set of norms for the use of FRT in criminal investigations, it is crucial to survey the norms already in place to avoid contradictions and overlaps.

Legal Analysis of The Impact of Industrial Development on The Environment

The environment is something that cannot be separated from human life. Because where someone lives, another environment is created and vice versa. The industry is a sectoral economy or activity that involves the processing of raw materials or the production of products, i.e., the use of skills and labor in the factory and the use of field tools to process the results on the ground and distribute them as the main work. Therefore, as an eye chain, the industry is also responsible for meeting land-related (economic) needs, i.e., agriculture, cultivation, and mining. To place the sector far from the country, the basis of economy, culture, and politics. Study law is carried out in a manner juridical normative is Conceptual research as what is written in regulation legislation or law conceptualized as a rule or the norm, which is benchmark behavior considered human deserves. Study law normative This is based on material primary and secondary laws, i.e., referring research to existing norms in regulation legislation. Development is a planned change process as one effort man in increasing the quality of his life. However, the development industry in Indonesia has a significant impact on the environment, resulting in pollution, damage to the climate forests, and depletion of source Power nature. The impact development industry on the environment in Indonesia has been attention for many years. This leads to an increased need for measures and legislation to reduce the negative impact of industrial development on the environment.

Strengthening Legal Legality of Local Culture Creative Works to Support Entrepreneurship in the Tourism Field

Local cultural copyrighted assets have the potential to support entrepreneurship programs in the tourism sector because, in addition to being numerous and varied, they also have a close emotional relationship in the form of a sense of belonging to the supporting community. However, in practice, these copyrighted assets are problematic in terms of the legality of their ownership due to the weakness of the documents underlying the legal ownership relationship, so these local cultural assets often fall under foreign claims. Another problem is the legal institution that underlies it as an intellectual property right; there is an intersection of conceptions in the relationship between private ownership and communal ownership. This qualitative research uses an empirical normative legal approach by investigating written law as a new legal institution, examining legal principles regarding the applicability of law, studying article by article as a legal formality, and binding it as a force of legislation. The normative approach uses library research with secondary data sources, including conventions, laws, and regulations in Indonesia and journals on the legality of cultural copyright assets. While the empirical approach describes the enactment of the law regarding the legality of cultural copyright assets and analyzes the application of legal institutions regarding communal intellectual property in Makassar City. An empirical approach is used to explore data and information about the maintenance of the legality of cultural copyright assets, and the effects of legal weaknesses on the development of the tourism industry conducted through in-depth interviews with the Regional Office of Law and Human Rights of South Sulawesi, Makassar City Education, and Culture, distributing questionnaires to 100 respondents in Makassar City. The population determined is observers and actors of cultural arts activities in Makassar City. Each population has an equal opportunity to be selected as a sample, so by using a simple random sampling technique, the population is not sorted or stratified first. To determine the sample of informants to be interviewed, purposive sampling was carried out deliberately by the researcher based on certain criteria or considerations. The conclusion of the research shows that the confusion of conceptions can temporarily be overcome because it has been accommodated by Copyright legislation and has not shown any deviation between conceptions. Another conclusion is that the weakness of the legality of local cultural copyright ownership significantly affects the development of local culture-based tourism businesses.

PERJANJIAN JUAL BELI TANAH DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 1233/Pdt.G/2020/PN Sby)

Land as part of the earth's surface, has a very important meaning in human life, either as a place or a living space with all its activities, as a source of life, even for a nation, land is a territorial element in the sovereignty of the state. By law, the position of the first inhabitant is recognized as the owner. One of the acquisitions of land for humans is obtained from agreements, namely by transferring land rights that can be done through buying and selling. In carrying out this sale and purchase, the seller and buyer will make a land sale and purchase agreement, so that there will be a transfer of land rights based on what has been promised by the parties. This study aims to determine the responsibility of the parties in the sale and purchase under the hand, to find out the position of the agreement under the hand in the land sale and purchase agreement, and to find out the form of legal protection for the parties in the land sale and purchase agreement based on decision Number 1233 / Pdt.G / 2020 / PN Sby. This type of research is normative lawresearch research using normative case studies in the form of legal behavior products. Normative legal research is research conducted to collect and analyze secondary data. Data sources obtained only secondary data, namely books, diaries, laws and regulations, court decisions, legal theories and opinions of leading legal scholars. In this agreement there is an element of error on the part of the seller because the selling party (defendant I) cannot be found to exist and does not help the buyer (plaintiff) to enter into an agreement at the Notary as it should be. The underhand land sale and purchase agreement has only formal evidentiary power. So efforts are needed to provide protection to each party.
 Keywords: law, land, agreement, sale and purchase, rights

Legal Protection for Creditors Regarding Default and Unilateral Transfer of Fiduciary Guarantee Vehicles Based on the Principle of Justice

Indonesian people generally buy private vehicles by using credit facilities or making monthly payments to finance companies to own their vehicles. Vehicles purchased on credit are bound by using fiduciary guarantees prone to being pawned, rented out and transferred by the debtor unilaterally. The reason was due to default so that the fiduciary guarantee vehicle was diverted so that it could be confiscated by POLRI investigators to be used as evidence. As a result of the unilateral transfer of the debtor, the creditor suffers a loss, so that the creditor must be legally protected. The purpose of this research is to find out and analyze the legal protection for credit related to violations and diversion of vehicles based on the principle of justice. The method in this research is qualitative research with empirical and normative juridical approaches. Empirical juridical research prioritizes secondary data, books, laws and regulations and examines positive legal principles from literary data and comparative law. The fiduciary giver must be responsible, carry out his obligations and keep the collateral object under his control. However, in reality it does not rule out the possibility of the Fiduciary Guarantee object changing hands or transferring control to a third party because it is transferred by the debtor, usually due to economic factors. The existence of Law no. 42 of 1999 concerning guarantees in Indonesia which are lex specialis derogat legi general, is one of the legal principles which implies that specific legal rules will override general legal rules.

“Sober Message to Parents”: Representations of Parents in Australian News Media on Youth Drinking

Traditional news media can both reflect and shape public perceptions, including expectations relating to alcohol and parenting. This paper examines representations of parents in Australian news media reporting on youth drinking to understand how parental standards related to alcohol are constructed and articulated. 150 news articles were sampled from a larger study of youth drinking, in which we identified four representations of parents—parents as to blame, good parents, parents as lost and parents as victims. These four representations of parents reflect dominant neoliberal ways of governing, which promote parental education, best practice standards and responsibility as solutions to concerns around youth drinking. We examine the way politicians, research findings and legal directives (most commonly secondary supply laws) were deployed to attribute parental responsibility and standards of care. While parents as “to blame” or as irresponsible was concretely established in the articles, good parents were far more elusive and strategically individualized in ways that abdicated responsibility from the state, industry and structural burdens. As such, while media representations were able to define and moralize bad parents and parenting practices when it came to youth drinking, what it meant to be a “good parent” was often an ambiguous ideal. We suggest these media representations contribute to intensive parenting standards by providing another platform in which parental behaviors can be publicly scrutinized and moralized.

In search of a European economic imaginary of competition: fifty years of the Commission’s annual reports

AbstractThe term ‘competition’ is a core notion for social and economic thinking and the organisation of markets. Nevertheless, this paper shows that there is no single acceptable economic imaginary ascribed to the notion in Europe. The search for the meaning of competition is an ongoing journey, from the EU’s very inception 60 years ago to the present day, which is inherently tied to the objectives, scope, and boundaries of EU (competition) law and to socio-economic transformations.The paper first reviews the history of the notion in both common-usage language and in legal-economic thinking. It exposes the emergence of three parallel, partly conflicting, imaginaries influencing the notion in EU competition law: Keynesian, ordoliberal, and neoliberal. After demonstrating that no single imaginary was adopted by EU primary, secondary, or soft laws, it applies Critical Discourse Analysis to the Commission’s annual reports on competition (1971–2020) in search for the meaning of competition. The paper reveals that the notion of competition had acquired one meaning in ‘hard’ contexts of the enforcement (scope of the prohibition of competition; exceptions or justifications for allowing otherwise anti-competitive behaviour), and another meaning in ‘softer’ contexts (mandates of the competition rules, and to a lesser extent – selection of enforcement priorities). While the ‘hard’ contexts have experienced a transformation from Keynesian and ordoliberal imaginary of competition to a neoliberal notion; the ‘soft’ contexts still invoke a broader notion reflecting influences from all three theories.Finally, the paper argues that although the lack of a clear definition for competition undoubtedly raises challenges relating to the rule of law, legal certainty, and uniformity, its ambiguity also serves as a powerful tool in safeguarding the durability and legitimacy of competition as an economic imaginary. It allows tailoring the notion of competition to changing legal, economic, and social conditions without a Treaty amendment.

Intergovernmental Yet Dynamically Expansive: Concordance Legalization as an Alternative Regional Trading Arrangement in ASEAN and Beyond

Abstract The conventional regional trading arrangement landscape holds two primary models. One is the ‘dynamically expansive supranational model’ of the European Union (EU) that progressively enlarges its community beyond the constituent treaty through its evolving laws and institutions. The other is the ‘static intergovernmental model’ of the United States-Mexico-Canada Agreement (USMCA) where members strictly uphold obligations in the original agreement – no more and no less. A certain genre of Asia-Pacific regional trading arrangements (and beyond in the global South) sits uncomfortably within this bifurcated landscape. Sovereignty-centric, they seek a dynamic and ever-expanding community like the EU but, firmly rejecting supranationalism, insist on intergovernmental modalities as seen in the USMCA. Unsurprisingly, they have not been effective. Using post-2007 integration data from the Association of Southeast Asian Nations, this article presents concordance legalization as a new explanatory framework in this landscape, demonstrating how one can regionalize successfully despite being simultaneously agenda expansive and intergovernmentally operational. Concordance legalization’s four-pronged strategy – the constituent treaty explicitly entrenching intergovernmentalism to facilitate dynamic agenda expansion; the dual-step system of primary and secondary laws (with a carefully calibrated use of hard and soft instruments); the organizational hierarchy that expands, implements and exerts intra-regional accountability pressures through numerous meetings and monitoring mechanisms (rather than adjudication) that enforce compliance – has enabled this curious success.

Analysis Legal Protection Towards Wife as a Victim in Case Domestic Violence

The purpose of this study was to obtain data and explain the factors that cause domestic violence. In addition, it is also to explain how far the development of legal protection for wives as victims of domestic violence. This study uses a normative legal research method with a legal approach. Data collected directly from the community is called primary data, while data through library sources is called secondary data, laws and regulations, scientific publications, journals, and research-related papers. Research findings are presented in the form of a systematic description. To evaluate the collected data, a normative analysis approach will be used. Factors causing domestic violence. First, there is a disparity between men and women, both at home and in public. Second, domestic violence is associated with power dynamics between husband and wife and with gender inequality in society. Legal protection for wives who are victims of husband violence. Forms of legal protection for women victims of violence are contained in the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). Forms of legal protection include victims' rights in the form of: protection from family, police, prosecutors, courts, advocates, or other parties temporarily or based on protection orders from courts, health services according to medical needs, and special treatment. Legal protection for perpetrators of physical violence, psychological violence, and sexual violence consists of criminal sanctions.

FORMALIZING ARTISANAL AND SMALL-SCALE GOLD MINING IN GHANA: THE SEARCH FOR A WORKABLE PATHWAY

Purpose –– This paper examines the process of finding an alternative pathway(s) that minimizes the environmental damage and health risks of Artisanal and Small-scale Mining (ASGM), while enhancing its socio-economic benefits for the country as a whole. Methods –– The study relied mainly on secondary data sources in journals, books, legislation and laws as well as policy documents, and the media reportage. Findings –– Findings from the study show the need for a tripartite arrangement comprising of a reformed legal and institutional regime underpinning ASGM, a decentralized framework that hinges on community ownership of concessions and operations, supported by government; and active involvement of local assemblies, chiefs and the local people to monitor operations together with state agencies. Conclusion/Recommendation –– The study envisages that benefits of formalizing the industry would be achieved with active local participation and strict supervision of mining operations by both national and local actors. This will bring sanity to the industry and minimize the knee-jerk reactions always used to address the challenges of the sub- sector. It is concluded that, the country stands to gain in both short- and long-terms if the formalization process is done in an inclusive manner.

The Position Of The Will In The Distribution Of Inheritance Reviewed From Islamic Law (Study of the Religious Court of Bengkulu Decision No. 0175/PDT.G/2012/PA.BN)

This research raised the issue of the judge's consideration in the decision no. 0175/Pdt.G/2012/PA-Bn, regarding the position of the will in the distribution of inheritance. This study used a normative juridical law method, with primary legal material from the Religious Court of Bengkulu decision no. 0175/PDT.G/2012/PA.BN which has permanent legal force, and legal materials in the form of secondary laws, books, fiqh books that were related to the topics to be discussed. After the legal material was obtained, it was then analyzed based on normative descriptive analysis. The results of the study showed that (1) a will must be made by the heirs before the inheritance was divided. When the conditions and principles of the will have been fulfilled, the will became enforceable and has legal force after the death of the testator. Therefore, the position of will here in Islamic law did not necessarily constitute a kind of manipulation or violation of the law in relation to the application of Islamic inheritance law. (2) In case No. 0175/Pdt.G/2012/PA.Bn, that the dispute over the revocation of the will, the judge made a decision accordingly with Islamic Shari'ah law on wills. The will was designed and signed by the testator in the presence of two witnesses, and according to the judge's consideration, the will was valid based on the provisions of Article 195 (1) of the Criminal Procedure Code, then the judge's decision determined that the will was valid, so the judge must decide to impose sanctions on the Plaintiff and Defendant to divide the object of the case.