Sole Authority Research Articles

A contemporary analysis of policy implementation for the coastal mangrove forest management in Bangladesh Sundarbans

Despite having more than 200 environmental laws and policies in Bangladesh, the overall ecological situation is almost beyond control. Relying on both primary and secondary sources of data, particularly the legal texts, this study delves into analysing the legal frameworks of Bangladesh pertaining to wildlife and biodiversity conservation in the Sundarbans mangrove forest (SMF). This study finds that the lack of implementation of stringent provisions is one of the key reasons for the failure to successfully conserve biological diversity in the SMF. The other reason that heavily accelerates environmental crimes in Bangladesh is the less severe punishment compared to other crimes. This study result reveals that the Animal Welfare Act 2019 imposes a mere BDT 10,000 (USD 116) for harming any animal. This study also finds that the Environment Court Act 2010 strives to expand environmental governance in every district, but the absolute authority of the Department of Environment (DoE) and its limited resources hinder such lavish expansion. Although the government has revised many outdated laws and policies and enacted new laws such as Bangladesh Environment Conservation Act 1995 (2023), Forest Act 2023, and Forest Conservation Act 2023, evidence indicates that most of the provisions were not successfully implemented due to overlaps with other laws and loopholes within the laws. In addition, complex bureaucratic systems significantly hamper the administration system in forest management. Furthermore, the Director General (DG) of the DoE’s sole authority often sparked concerns regarding the transparency and accountability of this department. Therefore, this paper examines the domestic legal system of Bangladesh for conserving biodiversity in the SMF.

Dispute Resolution in Sharia Banking: Challenges and Judicial Reform for Enhanced Legal Certainty

Sharia banking, a growing sector within Indonesia's civil law system, operates under Islamic legal principles while serving diverse clients, both Muslim and non-Muslim. This research explores the challenges in resolving disputes within Sharia banking, emphasizing the need for judicial integration. The study utilizes both a legislative and conceptual approach, examining relevant laws and regulations, while developing a comprehensive framework for judicial reform. Results indicate that despite the Religious Courts' authority over Sharia economic disputes, jurisdictional ambiguity persists, often leading to confusion. Additionally, the study highlights the importance of alternative dispute resolution (ADR), such as mediation and arbitration, which aligns with Sharia principles and offers a faster, cost-effective means of resolving disputes. The findings suggest that a unified judicial system, with the Religious Courts as the sole authority in Sharia economic disputes, coupled with strengthened ADR mechanisms, would promote legal certainty and support the sustainable development of Indonesia's Sharia banking sector. Implications include recommendations for enhancing regulatory frameworks, improving judicial competence, and fostering collaboration between regulatory authorities, industry stakeholders, and the judiciary to ensure fair and efficient dispute resolution

Webster's anti‐antimasque in The Duchess of Malfi

AbstractThe masque of madmen in John Webster's The Duchess of Malfi probably originated as an antimasque in Thomas Campion's The Lords' Masque, staged at court in February 1613 to celebrate the wedding of Princess Elizabeth Stuart. In recent years, Elizabeth's brother, Henry, had used masques and other forms of courtly display to make himself the face of a dissenting militant Protestant movement in England. And, following his death in November 1612, devastated supporters like Webster transferred their hopes to Elizabeth, whose marriage to a Protestant prince seemed to preserve the possibilities of reform at home and religious intervention abroad. However, the pacifist King James commissioned The Lords' Masque to extinguish such hopes, defining the marriage's significance as conciliatory rather than confessional and reestablishing his sole authority over the court stage Henry had tried to usurp. Thus, Webster's use of Campion's antimasque is deeply ironic, allowing him to criticize the King's suppression and censorship of his son's cause, and to lament both the bastardization of Henry's memory and the uncertain future of the movement he had represented. Moreover, reading the masque of madmen alongside Webster's elegy for the Prince, A Monumental Column, highlights Webster's deepening pessimism across this period.

Harmonization of Authority in the Investigation of the Financial Services Sector in Indonesia

The rapid growth of the financial services sector in Indonesia demonstrates its strategic role in the national economy. However, harmonizing investigative authorities in this sector poses a challenge that needs to be addressed to maintain stability and public trust. This paper aims to investigate the issue of harmonizing investigative authorities in the Indonesian financial services sector, focusing on regulatory frameworks, case developments, and potential harmonization models. The evolution of investigative authority regulations in the financial services sector is outlined, identifying weaknesses in the system that need to be addressed. Case studies provide a concrete overview of the challenges faced in field investigations. A harmonization model for investigative authorities is proposed as a solution to enhance the effectiveness and efficiency of investigations. Under this harmonization model, OJK investigators are not the sole authority to conduct investigations in the financial services sector, but their authority must be elaborated with that of the POLRI or PPNS investigators as regulated in the Criminal Procedure Code (KUHAP). Article 49 paragraph (5) of Law No. 4 of 2023 concerning Financial Services Sector (P2SK Law), which essentially states that criminal investigations in the financial services sector can only be conducted by OJK investigators through a harmonization model of investigative authority in the financial services sector in Indonesia, should be elaborated so that investigative authority in the financial services sector can be carried out by POLRI or PPNS with the assistance of OJK investigators.

Legal Analysis of MUI's Authority in Providing Halal Label Guarantees after the Issuance of Law Number 33 of 2014 concerning Guarantees for Halal Products

Purpose: This study aims to analyze the authority of the Indonesian Ulema Council (MUI) in providing halal label guarantees following the implementation of Law Number 33 of 2014 concerning Guarantees for Halal Products. Theoretical framework: The research employs a normative legal approach, utilizing data from statutory regulations, court decisions, and legal literature to assess the legal standing of the MUI post-implementation of Law Number 33 of 2014. Results and discussion: Findings reveal that despite changes introduced by the law, the MUI's authority remains pertinent and enforceable. The MUI plays a crucial role in issuing fatwas and recommendations on product halal status, complementing government agencies' responsibilities in halal certification. The law delineates specific boundaries for the MUI's jurisdiction, emphasizing collaboration with governmental bodies and affiliated organizations for effective halal product certification and labeling. Method: This research adopts a normative legal methodology, analyzing legal texts, court precedents, and scholarly works to assess the continuity and scope of the MUI's authority post-Law Number 33 of 2014. Originality/value: This study contributes by delineating the evolution of the MUI's authority in the context of halal certification pre- and post-Law Number 33 of 2014. It highlights the MUI's transition from sole authority to a collaborative partner in certifying halal products, underscoring the significance of halal certification for consumers, regulatory compliance, and religious principles.

A ‘flawless’ constitutional engineering project in Turkey: regime transformation through constitutional amendments of 2007, 2010, and 2017

ABSTRACT A functional legislature is very vital for democratisation. During the time of democratic consolidation, parliament changes from its primary roles of oversight, representation and legislation into ‘important public arenas of partisan dispute, of encounters with social topics, of negotiations and of important decision-making’. Populist leaders in parliamentary systems like Turkey recently either led to sui generis presidential systems or transformed them into illiberal democracies by expanding the executive branch's power to amend the constitution, which contradicts the favourable conditions of the third wave of democratisation at the turn of the twenty-first century. By streamlining legislative processes, the Turkish Constitution of 1982 envisaged an empowered executive that would subordinate the parliament. The three constitutional modifications passed after 2007 resulted in de-democratisation, de-parliamentarisation and eventually, a regime change from democratic consolidation to autocracy. The parliamentary debates on these constitutional amendments, which included popular presidential election, judicial reform and the so-called 'Turkish style' presidential governance system, failed to reach a consensus and were marked by an adversarial rather than deliberative approach. Have constitutional reforms made in the name of re-democratisation resulted in de-democratisation, with the legislature entirely crippled, the judiciary reliant and the executive exercising sole authority? This study aims to analyse the impact of three consequential constitutional amendments on democratic backsliding in Turkey, with special reference to the decline of parliament. Parliamentary minutes on the relevant constitutional amendments, procedural changes disabling the parliament from performing its legislative and oversight functions and the actual outcomes of these amendments in terms of executive-legislative relations will be discussed. In conclusion, potentials for strengthening parliament, checks and balances, and re-democratisation will be presented.

Does Tuition-Setting Authority Determine Whether Tuition Increases at Community Colleges with New Promise Programs?

ABSTRACT We evaluate whether the Bennett Hypothesis applies to local-level, single-institution promise programs and account for whether colleges have the authority to raise tuition, versus an external entity holding such authority. Using a sample of 29 community colleges affected by promise programs, we analyze changes in tuition across years 2001–02 to 2015–16 using two-way fixed effects difference-in-differences (DD) analyses, robust and weighted DD estimators, and panel event-studies. Among colleges with the sole authority to set their own tuition, the implementation of a promise program produces 14–17% lower tuition rates, suggesting that colleges do not strategically raise rates to capture promise-based financial aid dollars. When a governor or legislature is the sole entity that sets tuition, colleges experience negligible changes to slight declines in tuition levels, demonstrating that elected officials attempt to keep tuition rates stable or lower. When a statewide, systemwide, or local board retains tuition-setting authority, colleges observe no changes to tuition. Overall, our findings suggest a unique scenario for single-institution programs, where the college initiates or partners with a promise program; these colleges are motivated to keep tuition low to avoid counteracting affordability policies.

Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act

The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it is fortified by a comprehensive examination of legislative history dating back to the early days of aviation. This Article contends that the Second Circuit’s reasoning, supported by both statutory language and over a century of legislative evolution, should serve as a universally adopted guideline. The separation of civil and military aircraft regulation, initiated in the Paris Convention of 1919 and continued through subsequent legislative acts, underscores the distinct standards governing military aviation. The inherent divergence in purpose and design between civil and military aircraft, coupled with Congress’s consistent exclusion of military aircraft from FAA regulation, solidifies the argument against preemption. As the sole appellate authority on this matter, the Jones decision provides a robust foundation for future courts facing Federal Aviation Act preemption challenges in “public aircraft” tort cases.

Research on Developing BIM Intelligent Construction Programs Based on Application-Oriented Talent Cultivation

Cultivating application-oriented talents have become essential in vocational and higher education. This concept also applies to BIM intelligent construction programs. Based on literature review and general observations, we analyzed the connotation, key points, and value of developing a BIM intelligent construction program based on application-oriented talent cultivation. We also identified problems in the development of the program such as lack of comprehensive planning and the school being the sole authority in program development. Therefore, we proposed several strategies to address these problems, including systematic program development planning and fostering a multi-faceted partnership between schools and the industry. The goal is to provide valuable insights for the development of relevant programs in the new era.

Reforming Indonesia’s OJK to Comply with International Standards: Lessons from Australia

This research examines the need to reform the supervisory model of the Financial Services Authority (OJK) to align with international supervisory standards, such as the Basel Accords and IOSCO's principles. In Indonesia, the supervisory model used is an integrated one, where OJK is the sole authority responsible for supervising the financial services sector, but it shows weaknesses because the scope of supervision is too broad and therefore unfocused. This study begins with the hypothesis that it is time to move to an alternative model of OJK supervision by learning from supervisory models in other countries. It begins by examining international supervisory standards and their relevance to the context of OJK supervision, exploring specific provisions in the standards that relate to the scope of this paper. The method used is a micro comparison by comparing the supervisory models in Indonesia and Australia. In Australia, the prevailing supervisory model is Twin Peaks, which separates the task of maintaining financial system stability from the task of maintaining market behavior and consumer protection more clearly. Lessons learned from the Australian model in relation to coordination and cooperation, accountability and governance, and outcomes, provide valuable insights and form the basis of contextual recommendations for future OJK reforms. These recommendations aim to ensure that the OJK fully supervises to global standards to address the weaknesses and challenges identified in the integrated model. Accountability and governance, as well as the outcomes achieved, provide valuable insights and inform recommendations for future reform of the OJK.

Partnerships in Heritage Governance and Management: Review Study of Public–Civil, Public–Private and Public–Private–Community Partnerships

Cultural heritage governance and management has been shifting from the sole authority of the state and public bodies towards approaches that list multi-actor partnerships in several combinations involving public actors, civil society, private actors and community. This paper examines the public–civil, public–private and public–private–community partnerships through expounding rationales, conceptual backgrounds and theoretical framings for each partnership, followed by a systemic review and analysis of the academic literature sourced through the PRISMA protocol. The analysis objective was to assess the main advantages and disadvantages of each of the partnerships in governing and managing cultural heritage, noting the levels of representation of each governance and management approach. The results have shown that the public–civil and public–private–community partnerships have similar advantages and disadvantages, with the public–civil partnership being the least represented approach in the literature, while the public–private partnership has the highest level of representation with advantages and disadvantages that are inclined towards more pragmatic aims than those of the other two examined approaches. The so-called ‘new governance models’ of heritage were also detected in the analysis; however, they represent only a variant of the already analysed models.

Pembelajaran Berdiferensiasi dalam Perspektif Konstruktivisme Pada Mata Pelajaran PPKn di SMP Negeri 1 Paguyangan

Conventional learning problems that regard teachers as the sole authority of knowledge, sources of knowledge that are textual and rigid, teaching methods that are limited to lectures, lack of effectiveness and role of students, and not channeling students' interests, talents and potential, require different learning strategies. The aim of this research is to describe differentiated learning from a constructivist perspective in Civics subjects at SMP Negeri 1 Paguyangan. The type of research used in this research is descriptive qualitative combined with literature study. The research results show; (1) constructivism is very relevant. (2) things that must be considered in implementing differentiated learning include; availability of supporting learning facilities and infrastructure; availability of tools, media and contextual learning resources; analysis of school and student background; analysis of student needs. (3) the differentiated learning perspective of Civics learning built through constructivism both have very suitable characteristics. (4) differentiated earning from a constructivist perspective has strengths and weaknesses. Keywords: Constructivism, Differentiated Learning, Pancasila and Civic Education

Women, Role Failure, and the Nuclear Family in Stephen King’s The Shining

While Stephen King’s The Shining (1997) features a hotel haunted by ghosts, the main female character Wendy Torrance is much more haunted by her fear of failing to fulfill her gender role within the structure of the traditional, white, American nuclear family. In this paper, I analyze how the fear of being an unsuccessful wife and mother illustrates structural problems within the nuclear family that are detrimental to women. Not only do they produce persistent insecurity and anxiety, but they also reinforce the delegation of power to a sole patriarchal authority figure. The Shining reveals how these issues become especially problematic in situations of abuse. However, it also presents an opportunity for women to escape from both abuse and the fear of role failure: completely abandoning the structure of the nuclear family. Thus, The Shining illuminates inherent flaws within the nuclear family’s roles and suggests that women cannot find autonomy, freedom, or happiness within its confines.

Epistimologi Pendidikan Islam Persepektif Naquib Al-Attas

The hegemony of Western knowledge, which has penetrated the whole world, has also unknowingly penetrated the majority of Muslims. They accept it without deep reflection on the epistemology on which modern science is based. The view that modern science is the sole authority of science is slowly eroding the Islamic view of science. This study uses a literature study approach as the main methodology. Specific characteristics that form the basis for the development of knowledge in this study include a focus on data or text presented in the literature, without involving field data or direct observation through eye witnesses. The epistemology of monotheism described by Naquib describes a scientific approach that integrates elements from sensory experience, the spiritual dimension, intellectual capacity, and intuitive insight as a whole, with the aim of gaining knowledge. It also incorporates the various epistemologies that have been used by theologians, philosophers, and metaphysicians, without giving undue prominence to one particular epistemology. For example, this approach links empirical and rational methods, combines deductive and inductive logic, brings together subjective and objective elements, among other things.

Pre-Service Science Teachers’ Understanding of Socio-Scientific Issues Instruction through a Co-Design and Co-Teaching Approach Amidst the COVID-19 Pandemic

This qualitative case study explores the development of pre-service science teachers’ (PSTs) understanding of Socio-Scientific Issues (SSI) instruction. The study utilized a conceptual framework of SSI-based instruction and a three-phase approach involving co-designing solutions, co-designing curriculum materials, and co-teaching classes. Primary data sources included PSTs’ interviews and reflective journals, while artifacts, field notes, and curriculum materials served as secondary data sources. Thematic analysis was used to analyze the data of six PSTs in a teacher preparation program. We found that the PSTs’ understanding of SSI instruction was enhanced in 12 features of three core aspects: design elements, learner experiences, and teacher attributes. “Engaging in higher-order practices” was the most prominent feature, observed across all three phases. The three-phase approach played a crucial role in promoting PSTs’ understanding of SSI instruction, with each phase guiding their understanding in distinct ways. Particularly, the co-designing solutions phase facilitated the development of PSTs’ “awareness of the social considerations associated with the issue”. While the co-designing curriculum materials phase was effective in promoting their understanding of “scaffolding for practice: providing scaffolding for higher-order practices. “The co-teaching classes phase played a crucial role in facilitating their understanding of “willingness to position oneself as a knowledge contributor rather than the sole authority”.

The adaptation of species in the fashion media ecosystem: the case of Vogue

ABSTRACT Digitalization has reconfigured the landscape in the fashion media ecosystem. New species have emerged within the environment. Today, fashion magazines compete with numerous fashion and lifestyle content providers, questioning their role as the sole authority when it comes to deciding “what is fashionable” and challenging their monopoly when it comes to prescribing aesthetic tastes. The purpose of this study is to analyze the case of Vogue to illustrate how species can adapt to the ecosystem. Vogue’s original response, as reflected in the different initiatives we have studied, enables us to draw up a map of players within the fashion industry, one in which the magazine serves as an institution and not only as a member of the media. In this respect, our conclusions highlight the importance of the public, as opposed to the medium itself, based on an understanding of communication as a social rather than a technological phenomenon.

Legal Reconstruction of the Authority of Deponering Implementation by the Prosecution Office Based on Justice Value

The objectives of this research are to analyze and find out the weaknesses in the legal construction of the authority to implement Deponering (the authority of the attorney general not to prosecute a case for policy reasons) in relation to the principle of opportunity by the prosecutor's office and how to reconstruct the law based on justice value. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weaknesses in the legal construction of the implementation of Deponaring by the Attorney General in relation to the application of the opportunity principle, one of which, is the basis for consideration of the public interest which does not yet have clear and measurable indicators. In addition, minimal supervision of the implementation of the Attorney General's authority. In order to tackle this, a legal reconstruction of the authority to implement Deponaring in relation to the principle of opportunity based on the value of justice is needed to determine the indicators and conditions for the Attorney General in making decisions overriding cases in Government Regulations, so that the implementation of the Attorney General's sole authority does not escape supervision and fulfills justice for society. As a counterweight to Deponering authority, the public prosecutor must be given the authority to stop prosecution based on restorative justice which is based on the discretionary authority of the Attorney General's Office as a response to the development of society that wants misdemeanor crimes and crimes with low economic value not to be continued with the prosecution process, by prioritizing the principle of restorative justice. Termination of prosecution based on restorative justice by the public prosecutor, which in practice is very beneficial for the wider community, especially for victims and perpetrators of crimes.

CRITICAL ANALYSIS OF INDIAN ECONOMY ON THE BASIS OF ₹5 COMMEMORATIVE COINS

The government of India is issuing a series of new coins every year, which make up a valuable aspect of the Indian currency system. Reserve Bank of India is the sole authority to designing and minting of various denominations. These coins are minted at the four Indian Government Mints at Noida (UP), Alipore (Kolkata), Cherlapally (Hyderabad), and Mumbai. Government of India issues commemorative coins to check event of incredible characters with a durable, remarkable, and exceptional contribution towards society, and so forth and to recall occasions which had extraordinary historical importance. The present study focused on the historical perspective of ₹5 commemorative coins, which was first time issued in the commemoration of Indra Gandhi. Furthermore I have examined on composition of metals, and critical analysis of these commemorative coins based on metal, weight, diameter and thickness.

Sole Native Authority (SNA) and the People at War: A Historical Review of the 1948 Erunkoja tax Riot in Ile-Ife

The establishment of the British colonial administration and the introduction of the Indirect Rule system attracted opposition and riots in some places in Southern Nigeria. Indeed, the British decentralized despotism, the introduction of some burdensome taxation policies, and other prevalent tax related considerations naturally engendered resistance, which manifested in protest movements, revolts and outright riots in some places in Yorubaland. The article adopts the frustration-aggression theory. Evidence gathered from primary and secondary sources, chief among them being archival sources, interviews, and the use of extant literature. The paper argues that the increase in taxes after World War II had a political underpinning to the protest that led to the Erunkoja riot of 1948. Put differently, the riot was a consequence of the overbearing impact that increased taxes from the Second World War had on the people

The Strikes (Minimum Service Levels) Bill

The Strikes (Minimum Service Levels) Bill K D Ewing (bio) and Lord John Hendy KC (bio) The British government has launched yet another attack on British trade unions. At the time of writing, the Strikes (Minimum Service Levels) Bill is currently making its way through Parliament. The Bill will impose, for the first time, minimum service levels ("MSLs"), to be observed in strikes in six sectors of the economy: health services, fire and rescue services, education services, transport services, nuclear decommissioning, and border security. Introduced in response to high levels of industrial action by public service workers in particular, the Bill has been widely condemned. In this article we address three aspects of the Bill which attracted adverse criticism: its form, its content, and its incompatibility with human rights obligations of the British government. But before addressing these questions, it is to be emphasised that the Bill is not to be seen in isolation, but in the context of a wider attack on workers' rights and political freedoms. As put succinctly by a senior Labour MP: the Bill is part of a longer term, anti-democratic trend, and part of a raft of anti-democratic legislation passed by the Government. It is a trend of transferring power away from workers and citizens, and eliminating their limited rights and freedoms in the workplace and across society Constitutional Objections A remarkably short measure of a page and a half plus one appendix of four pages, the Strikes (Minimum Service Levels) Bill replaces the now redundant Transport (Minimum Service Levels) Bill (introduced only months ago) which in contrast ran to 19 pages, despite applying to a single sector. Yet the new Bill extends to five additional sectors. The reason why the current Bill is so short is because it proposes to delegate to ministers the power to set out all the relevant law in regulations. It is true that regulations have to be approved by Parliament in the normal way. But Parliament is not permitted to amend draft regulations, which receive only the most minimal scrutiny. So it is government – not Parliament – which will make regulations "to determine the levels of service in relation to strikes as respects minimum services" in each of the various sectors. Furthermore, it is government, not Parliament, which sets by regulation the boundaries of what is included in each of the very broad sectors. There is no guidance in this skeleton Bill about how ministers are to use these extraordinary powers. The sectors are open-ended, as is the power to set the minimum level of service required. Is it 20 percent normal services? Or 50 percent? Or 90 percent? This is for ministers alone to determine. It is obvious that by reserving the sole authority to ministers to set the MSLs, they can be set at such a high level that any strike will be rendered largely ineffectual. It is a point well made by many trade unionists that whilst the government proposes to impose MSLs on workers and their unions, MSLs for normal times in public services are usually lacking and where they do exist (on the railways and for the ambulance service), are constantly breached – without penalty. There is a real possibility that MSLs will be set in some sectors at a level higher than the service usually provided. Extraordinarily, the Bill also proposes that ministers should have the power (by regulation) to "amend, repeal or revoke provision made by or under primary legislation". So primary legislation passed by Parliament can be amended by secondary legislation drafted by the minister without full Parliamentary scrutiny. This is what lawyers call a "Henry VIII" power, a power which usurps the function of Parliament. The use of skeleton Bills with Henry VIII clauses has been unsurprisingly the subject of excoriating criticism by two important committees of the House of Lords in recent reports, the titles of which speak for themselves: Democracy Denied and Government by Diktat. But it gets worse. The primary legislation which ministers can amend or repeal is defined to include an Act of the Senedd in Wales or the Scottish Parliament. Pause there. What is being proposed is that ministers in the United Kingdom government...