TMs Position Research Articles

Children’s Position on a Defective Marriage (Fasid) in Terms Establishment of Inheritance Right as an Effort for Legal Certainty

Children’s Position on a Defective Marriage (Fasid) in Terms Establishment of Inheritance Right as an Effort for Legal Certainty

Konstruksi Hukum Dalam Rangka Penguatan LPD Sebagai Lembaga Keuangan Milik Desa Adat di Provinsi Bali

LPD as an institution that has the authority to collect public funds for the welfare of traditional villages has many problems today. The root of the problem can be seen from: 1). The void of norms that explains LPD as a legal entity within the framework of legal norms but has operated like other financial institutions; 2). The lack of clarity in the supervision of the LPD has resulted in many problems and even cases of corruption. This void of legal norms creates doubts from the perspective of criminal law with customary law because the LPD is predicted to be an institution belonging to the traditional village but the traditional village does not have adequate tools to solve the problems that exist within the LPD, privately or publicly. Meanwhile, from a criminal law perspective, the Prosecutors and Police consider that the misappropriation of funds by the LPD is a criminal act of corruption and both cannot provide a solution to the problems desired by the community. This paper was written with the aim of providing a new understanding in legal standing of the LPD using the legal construction reasoning method in order to strengthen the status of the LPD as an institution under the customary village using the main legal sources where the expected result is that armed with an understanding of the legal construction, it can be used as a reference for traditional practitioners and law enforcers will be able to formulate good problem solving and fulfill a sense of justice in society. The method used for this research is normative legal research with primary, secondary and tertiary legal materials where what is being researched is to answer the void of norms in the LPD’s position as legal subjects where with clear LPD legal standing there will be a legal discovery to make it easier for the government to formulate regulations.from the authority, supervision and law that is applied in the event of a legal problem.

The Overplay Functions and Authority of The Sea Security Board (Bakamla) and The Sea and Coast Guard in Keeping Marine Security in Indonesia

Indonesia is a maritime country with a wide ocean. Geopolitically, Indonesia’s position is an international shipping lane. Therefore, it is necessary to have an institution that has the duty and authority to maintain sea and coastal security and shipping safety. The formulation of the problem is how the functions and authorities of the Sea and Coast Guard (SCG) and the Maritime Security Agency (Bakamla) are in guarding Indonesian seas. The research method used a normative juridical approach with secondary data and analyzed descriptively qualitatively. There are two overlapping institutions in carrying out their duties and functions, namely SCG which is regulated in Law No. Year 2008 concerning Shipping and Bakamla which is regulated under the Law No. 32 Year 2014 concerning Marine Affairs. The government intends that maritime security in Indonesia to be handled by the military, not civilians. This can be seen that the chairman of Bakamla is held by a general from the Indonesian Navy and is responsible to the President through the Coordinating Minister for Political, Legal and Security Affairs. While in Law No. 17 Year 2008 stipulates that SCG is under the Ministry of Transportation and is responsible to the President. Bakamla is more appropriate to be used as SCG, this is based on the consideration that Indonesia is a maritime country with wide seas with all its problems such as narcotics trafficking, human trafficking, terrorism, theft of marine resources, etc., so it would be more appropriate to submit it to Bakamla as a semi-official institution. military. As a consequence of this choice, it is necessary to revise Law No. 17 Year 2008 and Law No. 32 Year 2014.

Sexist Socialization Experienced by Female Protagonists in Anthology Short Story Translated by Dayla Cohen-Mor

Sexism over women is deeply entrenched in society. It becomes a worldwide issue evinced by multiplicity of literary works narrating discriminations of society against women where women’s position is often exploited, humiliated, and even cornered. This article is designed to analyze the sexist oppressions experienced by female protagonists in Anthology Short Story Arab Women Writer translated by Dayla Cohen-Mor, the sexist socializations in the short stories as well as their responses towards the sexism. In analyzing this data, the writers scrutinize ten short stories selected and apply feminist theory: from margin to center by bell hooks (1984). The result imparts that sexism is socialized through behaviour and culture in society.

The Imagery Found in the Client

The aim of the reseach is to elaborate the use of the imagery in the novel: The Client. Starting from the definition of Imagery, the imagery found in the novel, then to find out what John Grisham’s - as the writer of the novel - intention to use imagery in his novel. The objectives of analysis is to have some knowledge deeper about the use of imagery in The Client by John Grisham and how he takes the readers into Mark Sway’s traumatic experience and how he helps the readers understand Mark Sway’s position through imagery found. This study adopts library research (Library Research) which contains an in-depth collection of material on one or several subjects (Young, 1983; p. 188). This study covers the inclusion of primary sources as well as secondary sources. There are 5 types of imagery found in The Client. They are Visual Imagery, Auditory Imagery, Internal Sensation Imagery, Olfactory Imagery and Tactile Imagery.

Analysis of Women’s Representation in Politics And Human Rights Based on Islamic Gender Equality Perspective

This article aims to explain the legal guarantees regarding women's involvement in politics. The involvement of women in politics is very important to voice women’s rights and concerns and to find some efforts that can realize gender equality, especially in the political field. By applying the normative approach method or library research, the writer will analyze the women’s representation in politics and human rights based on islamic gender equality perspective. This research finds that there is a law allowing women’s position in politics, but it has not been optimally applied. In addition, the writer also finds that there is discrimination experienced by women that has impacts on human rights injustice.

THE MONOPOLY PRACTICE AND UNFAIR BUSINESS COMPETITION IN THE TECHNOLOGY TRANSFER ACTIVITY THROUGH THE FOREIGN PATENT IN INDONESIA

It is a common knowledge that technology development shall be in line with the development of a nation. This fact is raising the need of developing countries as Indonesia to maximize potential in the field of technology. However, it is not easy as it sounds, there are many obstacles for a country to develop its potential in technology, notably for the expert in the relevant country to master the necessary skills. Due to this limitation, many countries are beginning to fill-in the gap by registering license of foreign patent. It is expected that the use of foreign patent will replace the higher cost and longer time needed in developing local technology in the developing countries. Unfortunately, the use of foreign patent license does not itself automatically enhance one’s ability to master the necessary skills. Many cases where developing countries were deceived by the ‘grant-back’ clause attached to the foreign patent license. The licensee’s position is consequently considered has lower than of the licensor, which in its turn may rise monopoly practice and unfair business competition. This study is conducted with the purpose to formulate an effective technology transfer through the licensing of foreign patent that can refrain from the repetition of monopoly practice and unfair business competition, according to the TRIPs signed by WTO and the positive law in Indonesia. This study is using juridical-normative approach as the methodology of research, it also use analytical approach through the Law Number 13 of 2016 concerning Patent; Law Number 5 of 1999 concerning Prohibition of the Monopoly Practice and Unfair Business Competition as well as the Agreement on Trade-Related Aspects of Intellectual Property Rights signed by the World Trade Organization, with respect to the license agreement of the foreign patent. Based on the issue as established previously in this journal, the expected outcome of increased information dissemination towards countries using patent licensing agreement in technology and information development related to any matter in intellectual property specifically in licensing agreement, which has higher possibility for Monopolistic Practices and Unfair Business Competition. Therefore, shows that in principle in order to prevent the licensing of foreign patent to lead onto the monopoly practice and unfair business competition, a country must establish a controlling entity to supervise the execution of the foreign patent and at the same time, enacting harmonious rules and regulations with such supervision.

Objektifikasi Perempuan dalam Cerpen Lipstik Karya Seno Gumira Ajidarma

The objectification of women has been perpetuated from time to time, generation to generation, in various forms, even in a very subtle form so that women do not feel that their bodies have been reduced into something passive, no more than a gender object, dwelling to sexual desire and exploitation of women’s bodies. In Indonesia, the writings presented by mass media have been conditioned into “male patterns”. Besides mass media, the world of literature also recognizes women as a magnet of a story, in a short story or novel. This thing perpetuates women’s position as objects in literary works. The narrations about women in short stories and novels are constructed to fulfill the standards set by patriarchy through narrations about women. It is undeniable that male domination seems to have penetrated into women’s lives, even to the smallest things. Consciously or not, women always walk on the paths that have been set by men. In modern era like today, many women still stand under male domination as if they do not have the rights of themselves and their bodies. The narrations about objectification of women are found in Lipstik short story by Seno Gumira Ajidarma. In this short story, women are constructed to be passive objects, they are narrated as objects of oppression and body exploitation conducted by men.

An Analysis of Female’s Changing Archetype in a Family—Review on Kramer vs. Kramer and The Bridges of Madison County

This paper is exploring the female’s roles in a family by making a comparison and contrast between the two women in movies Kramer vs. Kramer and The Bridges of Madison County. Their fates mirror the beliefs of the times and their dilemmas can explain where the women’s position is in the society. Francesca in The Bridges of Madison County chooses to retreat to her family and conceal her love when she is confronted with the conflicts of family responsibilities and her personal expectations and her decision has satisfied everybody. While Joanna in Kramer vs. Kramer makes a quite different choice. Joanna gets away from the suffocating family life and succeeds in being what she wants to be. The two women’s destinies are the epitome of their ages. Undoubtedly, with the rise of women’s movement, women’s role is changing so drastically that it’s necessary to reshape the women’s image in both family and society.

NILAI FEMINISME KISAH PEREMPUAN DALAM AL QURAN

Everything about women and womenhood are always interesting to discuss either from economic, social, edocational or theological aspect. Some discourses should be discussed in order to present thoughts, theories or policies friendly to women’s right and to avoid  inequality in gender. The most interesting issue relate to theological framework. Religious text is often claimed to be one source of women discrimination and gender inequality. Some stories in religious text (al Quran) such as story of creation of Adam and Hawa and story of Maryam contain ideas that woman is a second human and that she gets subordination and injustice treatment. Actually, there are lot of researches about story of Quran (qashash al Quran), but they often stuck on the historical and chronological discussion. They forget some values behind those stories especially stories about women. Women as main figure surely has a special role to show the main value for women justice and equal right. The main cause of those discriminative interpretaion is that; most of Quranic interpreters are man, therefore, the result of interpretion is not considering women’s right. And the other cause is the use of israiliyyat stories which often blame and underestimate women’s position. Thus, we need to present new interpretaion of stories in the Quran, especially stories on women that we hope such new interpretation will give new toughts and policies for women justice and equal right.

KONFLIK DAN KONSENSUS PEMERINTAHAN LOKAL : PEMILIHAN RUKUN TETANGGA (RT) 15 KELURAHAN KEBUN BUNGA KECAMATAN SUKARAMI DI KOTA PALEMBANG

Rukun tetangga (RT) in sub district government system is the lowest or the unit of government holder who are directly connected to people. This means the last unit which is directly connected to people it, not sub district administration, district administration and so forth. RT plays the main role in accomplishing government functions, such as function of service, development, empowering, and regulation. That is why the more conducive the RT status is, the more conducive the government functions. Reversely, if the situation is not conducive, in this case, there is a conflict, then the function run will not be successfully accomplished. The conflict happened in the election of leader RT 15 Kebun Bunga sub district. The factors causing this conflict were the goal of this research. The data used were primer and secondary data. Those data then were analyzed using descriptive analysis which involved theories included concept of government, concept of conflict and consensus. From the analysis done, it was found out that factors causing the conflict included (a) the periode of incumbent - RT’s position had ended, (b) there was no good communication among RW, district chief and people (c) the seizure of economic sources in that area. It was suggested that (a) RW and district chief have a good communication to the people in that area, (b) all staff in sub district government take their parts maximally, and (c) the centre of economic area should be developed in that area.Keywords : Rukun tetangga, sub district, conflict, consensus

Key Competences of the Leader as a Basis for Designing the Corporate Educational Environment

In the present article, the authors propose the conceptual basis for the design of corporate educational environment of professional development and performance review technology. Within the framework of this concept, the educational process is based on the principles of learning through game and visual simulation. The environment provides variability and continuity of educational programs in accordance with the job features of trainees. Profile competence card, which includes three profiles: professional knowledge profile; professional abilities’ and skills’ profile; and personal qualities’ profile, is prescribed to each position in the organization. In order to determine the individual indicators for each profile and create job profile, the authors conducted a sociological survey of middle-ranking managers and staff members of the organization. Based on the results of the conducted survey, the authors offer visuagraphic profiles of the manager’s position consisting of the professional skills’ profile and personal qualities’ profile.

Postmodernism in Tatar Prose: The Main Features

The topicality of the problem is explained by the fact that the problem of post-modernism in the context of national literature still raises many questions which solving becomes necessary. The article aims to identify the specifics of the Tatar postmodern prose, determine its typology. The main methods for the study of this problem is systemati?-stru?tural, literary hermeneutics and methods of receptive aesthetics. The main result of the article is the statement that postmodern artistry paradigm is represented in Tatar literature in two ways: firstly, in the ?on?eptual-semanti? level of the texts defining the forms of the author’s position expressions, often performing only as a function of the text, and secondly, as poetics techniques integrated with other elements of the art systems, especially of modernism. Article submissions may be useful for determining the content and scope of the term postmodernism as a phenomenon of national literary-historical process.

Analysis of Socio-Economic Indicators Scenario in Pakistan

This paper examined the socio-economic-demographic indicators with time series evidence vis-à -vis Asian countries to compare Pakistan’s position with these countries. With the help of tables based on standard global data followed by Pakistan data an attempt has been made to get valid picture of the above-mentioned indicators. Life expectancy, IMR, TFR, GNP allocation to health, women using contraceptive are not comparable and delightful leading to unparalleled increase in population in addition to economic factors. Birth rate is the highest in Pakistan compared to the remaining 9 countries. Poverty will escalate that will breed all social, economic and political problems. It may be concluded that if the present pace of population growth continues, people may fail to find a place even for standing. Population is the most agonizing and perplexing problem that has made the common man life miserable and unsustainable.

Harmonization of Natural Resource Utilization Rights by Indigenous Peoples in the Indonesian Legal System

The problem of natural resources aspects involving the indigenous people with the goverments and stakeholders become more sorious. The indigenous people’s position as the minority groups frequently experiencing suppression as the effect of the inforcement of a legislation. Some laws governing the natural resources and communal rights of the indigenous people are not compliance with UUPA as the main law governing the natural resources. According to the facts above, the writer conducted a research using the theory of law harmonization to find the point of problems with the aim of making it easier for the goverments to fix what should be fixed. This normative juridicial research used the method of data collection such as library reserach with the main sources were literature materials and used the research approecher such as statue approach and anality approach. The result of research indicated that there were law disharmony and inconsistent norm toward UUPA because it did not fully elaborated the contains. Many norms overtapped and potentially excluded the communal rights of the indigenous people in using the natural resources were still extremely weak and it caused material and immaterial losses for them.

MARKETER’S PRICING STRATEGY VS. COMPETITION LAW

Marketers put greater emphasis in pricing strategy during their marketing planning simply because pricing is one of the most important elements of marketing mix that can generate revenue. Formulating of product or service prices is a strategic activity because the price or prices assigned to a product or range of products will create an impact on consumer’s perception towards a company’s products and determine its subsequent purchase. Marketers need to exercise creativity in pricing strategy in order to attract consumer’s positive perceptions and purchase decisions. As a result, various pricing strategies have been introduced for products and services such as value-based pricing, bundle pricing, price skimming, penetration pricing, competitors oriented pricing, and discriminatory pricing to name a few. By applying all these creative pricing strategies, to great extent have enable marketers to compete effectively as well as to win over consumer’s perception in purchase decisions. On one hand, it is an effective strategy for the marketers to succeed in business. But on the other hand it may be unfavourable to the consumers especially when there are unfair trading practices occurred on the pricing strategies implemented. In this situation it is classified as anti-competition and abuse of dominant position. In order to protect both the business-to-business consumers and end consumers, the Malaysian government has implemented the Competition Act 2010 which came into force on 1 January 2012 with the aim to control anti-competition and abuse of dominant position. The Competition Act 2010 is changing the way marketers formulating and implementing their pricing strategies. This is because the Competition Act 2010 has specific clauses in prohibiting enterprises in setting prices by exploiting consumer’s position for their profiteering advantage. Hence, marketers are presently caught in a difficult position when formulating pricing strategy which at the same time has to comply with the Competition Act 2010. To date, limited review has been conducted on marketer’s pricing strategy vis-à -vis competition Act pricing policy. The purpose of this paper is to compare the marketer’s pricing strategy and competition Act pricing policy and to evaluate how the relevant sections of the competition Act impact marketer’s pricing decisions. In the conclusion, non-pricing strategies are recommended to counter the competition Act pricing policy prohibitions.

The Question of Epistemic Justice: Polemics, Contestations and Dialogue

This essay, which reflects on the “unfinished humanistic project” of decolonisation in Africa, is an invitation to examine the problem of epistemic injustice from a philosophical standpoint. At the core of my argument is the position that there is an epistemic dimension to Africa’s problems, and the struggle for epistemic justice is as fundamental to humanity as all other struggles for social justice. Addressing the problem of epistemic injustice calls for multiple efforts and initiatives. Among these is commitment to new canon building across the disciplines, and adopting “strategic particularism” as a paradigm and philosophical framework in our academic projects. To confront epistemic injustice—and thus restore parity and equilibrium—polemics, contestations, and dialogue are inevitable. In this endeavour, the goal should be to reclaim Africa’s position in the conversation of humankind.

Peran Basyarnas dalam Penyelesaian Sengketa Ekonomi Syariah (Studi Pandangan Pelaku Ekonomi Syariah di Jakarta)

National Shariah Arbitration Board (Basyarnas) is one of the manifestations of the first established Islamic Arbitration in Indonesia. Basyarnas stands autonomously and independently as one of the legal instruments that resolve disputes of the parties, whether coming from within the environment of Islamic banks, Takaful Insurance, or any other party who needs it. In connection with the Basyarnas function, this article discusses the following three main issues: Firstly, the view of sharia economic actors on Basyarnas. Shariah economic actors generally consider the importance of Basyarnas’s position in settling disputes in Sharia economics. In the last five years (2010-2015) the number of disputes cases in Basyarnas (23 cases) is slightly higher than cases handled by the Religious Courts (20 cases). Secondly, the reason for sharia economic actors chooses the arbitration route because the process is faster, the cost is light and the verdict is final and binding and the secrets of the parties are maintained. Thirdly, the factors that influence the choice are also determined by the level of confidence of the sharia economic actors to the judges’ ability within the Religious Courts to resolve the dispute.

Post-buckling Ultimate Bearing Aerostatic Performance of the Long-Span Bridge

Calculating on aerostatic stability for long span cable-supported bridges, the Newton-Raphson method can obtain the critical wind speed of aerostatic instability accurately. When the wind speed exceeds the critical extreme wind speed, the structural whole stiffness matrix exists the stagnation effect depends on the large deformation Displacement, Newton-Raphson method has been unable to carry out the iterative calculation after initial structural instability. In order to study the development and change of the later stage of the structural global instability, explore the morphological transition and the stiffness enhancement effect of the structural instability, the iterative search algorithm of the arc length method is introduced in the analysis of the aerostatic stability of the long span bridge, then analyze the similarities and differences of Newton-Raphson Method and Arc-Length Method in solving leaping-type extreme value instability. Aiming at the typical large span bridge, the whole process of aerostatic instability of the long span bridge is obtained by arc-length method, and the post-buckling behavior of the bridge is explored. The research shows that the long-span bridges’ static stability has the characteristics of the leaping-type extreme value instability, When the large deformation development caused by wind for the first time approach the structural whole stiffness’ stagnation point, the sudden change of the main beam’s position makes the cable force decrease sharply and then the gravity of the main beam dominates, the main beam occurs step change under the gravity and cable tension, forming the re-strengthening effect of the whole stiffness. Along with the continuing increase of wind speed, the main beam will appear the reciprocating “step-enhanced” cycle effect under the lift force and lift moment.

How Financial Sector and Social Overhead Capital Determine GDP Growth

This article contains a study of the numerical code in the Dagestani languages in the linguistic and cultural aspect on the basis of paremiological units as a fragment of the Dagestani language picture of the world. The relevance of this kind of research is caused by the interest in the means of presenting the quantitative aspect in relation to the content. The analysis of the defined semantic category based on the Dagestani languages seems relevant regarding the cognitive approach, which makes it possible to reveal the specificity of the linguistic representation of the category of numbers in the Dagestani languages and the national cultural components of the cultural numeric code of the linguistic picture of the world. Each Dagestani language had its own system of calculation and measurement. It was actively used to calculate animals, plants, measures of length, volume, weight, area and time. The most productive and symbolic in the paremiology of the studied languages are the first ten numerals. Words with numerical symbols represent both desirable and undesirable situations in a person's life, when there is a problem of choosing and determining one’s position. In linguoculturological aspect of particular interest are the landmarks of space and time associated with human life and its existence after death.