Violation Of Law Research Articles

The Effect of Rolling Reduction on the Microstructure Evolution and Slip Behavior of Ta-10W Alloy during Cold Rolling Process

In this study, we investigated the influence of cold rolling reduction on microstructural evolution and slip behavior in Ta-10W alloy fabricated by vacuum arc melting (VAM). As the reduction increased, both single and multiple slips were observed within some grain interiors. At reductions of 20% and 40%, deformation bands, primarily consisting of γ-fiber components, formed within the grain interiors. The fraction of deformation bands (DBs) increased with higher reduction. Conversely, at 60% reduction, in addition to DBs, experimentally observed shear bands (SBs) with a herringbone pattern were formed. Both DBs and SBs predominantly formed in regions of concentrated strain (areas with high kernel average misorientation (KAM) and geometrically necessary dislocations (GND)). As the reduction increased, the misorientation angle between the matrix and the DBs or SBs gradually increased, while the width of the DBs decreased. To investigate the violation of Schmid’s law in Ta-10W alloy, slip trace and resolved shear stress (RSS) analyses were performed on observed slip lines within deformed grains. Contrary to conventional slips, where slip typically occurs on the plane with the highest RSS, slips in the Ta-10W alloy were confirmed to occur even on planes with lower RSS in certain grains. Hence, this study provides experimental evidence of Schmid’s law violation in Ta-10W alloy.

Memutus Rantai Domestic Violence Melalui Kesetaraan Gender dalam Hukum Keluarga Islam

The massive patriarchal culture in society, misunderstanding of religion and unequal power in the family have resulted in high rates of domestic violence in Indonesia, where women are often the victims of violence. This violence often leads to divorce, while the wife is always the loser. This article discusses the importance of gender equality in Islamic family law as an effort to break the chain of domestic violence and achieve the goal of a harmonious marriage. This article uses the library research method by collecting literature related to domestic violence and family law in Indonesia. The analysis is conducted using the normative-inductive method with a gender justice approach, focusing on the position of men and women in the marriage relationship. In the discussion, this article reviews domestic violence, the forms of violence that occur, as well as the causes of domestic violence elaboration of family regulations in Muslim countries. Efforts to eliminate domestic violence and create harmonious families require the implementation of gender equality in family law. This is key to ensuring the well-being and protection of all family members, as well as to achieving the essence of the purpose of marriage in Islam.

Sosialisasi Peraturan Pemerintah no 71 Tahun 2000 Dalam Mewujudkan Jiwa Sadar Hukum dan Sikap Anti Korupsi Kepada Siswa dan Siswi Kelas XI SMAN 34 Jakarta

The urgency in several cases of student delinquency stems from law breaking attitudes and corruption cases which are increasingly common in our country, Indonesia. This occurs due to the dysfunction of several law enforcement agencies which are considered not to have emphasized their function in educating and anticipating cases of law violations in society. Some basic examples of legal awareness education and anti-corruption attitudes carried out in schools are students practicing through the honesty canteen, students practicing remembering their own assignments/exercises, students practicing identifying honest characters, schools providing special extracurriculars. So that way students and teachers understand the benefits of honesty and discipline. However, it should be noted that legal awareness education and an anti-corruption attitude should not be provided at elementary school level alone, this education must continue at subsequent educational levels because at the same time educational institutions at the upper level can be a strong milestone and reminder for building accountability and transparency.

Examining the Legality of Adultery Restrictions for Laborers: A Study in Employment Law

The research aims to analyze and propose recommendations concerning regulations prohibiting acts of infidelity committed by workers/laborers from the perspective of labor law. Unlike labor laws and regulations, which do not specifically address the prohibition of acts of infidelity, autonomous rules can address such provisions. This study employs a normative legal research methodology, utilizing both statutory and conceptual approaches. Primary and secondary legal materials serve as the basis for analysis. Findings indicate that provisions prohibiting acts of infidelity for workers/laborers can be integrated into autonomous principles without contravening existing laws and regulations. Furthermore, acts of infidelity may also fall under the purview of urgent offenses or criminal acts. The inclusion of such prohibitions in autonomous rules is not indicative of bad faith on the part of employers seeking to expedite termination of employment relations. Rather, it serves as a preventive measure against violations of laws, regulations, and ethical standards by workers/laborers. Regarding dispute resolution, termination of employment cannot be immediate in cases related to allegations of infidelity. Instead, due process must be followed to ascertain the veracity of such accusations and determine the culpability of the worker/laborer involved.

ProtectionoOf Victims Affected by Default Umrah Tour and Travel: In Terms of Law no. 8 Of 1999 Concerning Consumer Protection

Today's rapidly growing travel business requires a travel agency to help take care of administration and paperwork to enter other countries. Travel agencies provide these services with a variety of attractive advertisements. This purpose of the study is to provide awareness to the public to choose Umrah Tours and Trips that have a track record that can be accounted for and provide consumer protection for victims in order to reach mutually beneficial agreements. The methods used are in the regulatory process using primary and additional legal data. Following the investigation, Law no. 8 of 1999 for the protection of consumers was promulgated for the victims of default due to Umra Tour and Travel's failure to comply with the terms and conditions of the contract provided to consumers. In some cases, travel agencies will obtain legal proceedings and provide compensation or compensation if they do not provide disruption in accordance with the promised services This research can also help determine legal protection for consumers, for example in some cases, for example a breach of contract by a travel agent can be considered a violation of business law and can be penalized.

Delineating the Struggles Special Education Students and Parents Face in Puerto Rico

In this research, the question of the unique education system's lack of resources and how it directly affects students and parents looks to be answered. This investigation discusses the system's many flaws, including the shortage of teachers, assistants, and therapists. The lack of training for teachers, the poor maintenance in schools, the violation of the architectural laws, and how poor salaries resulted in many protests, directly affecting students. The Rosa Lydia Velez trial had a huge impact; it helped people notice the many flaws in the system and raise their courage to speak up against the justice system. Another one of the main problems is the constant misdiagnosing of children due to untrained professionals and incorrect examinations. This problem was when students got retested, and almost all had a misdiagnosis. The system is demonstrating little to no worry for their students, including when it comes to school maintenance, with over 247 in critical need of repairs. The poor salary affected drivers, leaving students without transportation, assistants both T1 and T2 had to have several jobs to support themselves financially, and many teachers quit their jobs due to poor administrative support. The case that highly impacted the investigation was the letter for the government from Ivelisse Otero that demonstrated how schools are breaking the protocol, not focusing on the student's well-being, and not following the confidentiality rules affecting teachers and students. This investigation aims to shed light on the many flaws and have a call to action to find a solution.

범행현장에서의 특별사법경찰관의 절차상 의무와 영상촬영의 적법성에 대한 검토

Unlike ordinary judicial police officers, special judicial police officers have the dual status of being enforcement officers for administrative criminal law violations and special judicial police officers for criminal proceedings, and it is a peculiarity that whether an investigation falls under administrative or criminal proceedings depends on the specific case at the time of initiation of the investigation, and the applicable law at each stage. Therefore, the applicable law and procedural obligations may vary depending on the nature of each specific act, and the special investigative police officer should fully consider this when making a judgment on the admissibility of evidence collected by the special investigative police officer. In addition, our precedents have recognized the legality of video recording by investigative agencies as a method of evidence collection at the scene of a crime, emphasizing that it is a substantial method of recording in a public place, and [the subject judgment] ruled to the same effect. In the reality that there is a growing need to regulate the verification behavior of investigative agencies according to the new compromise theory beyond the conflict between arbitrary and compulsory investigation theories, the point of precedent is extremely appropriate.

Media coverage of domestic violence-related issues in China

Domestic violence-related issues in China have attracted extensive attention since the Anti-Domestic Violence Law was implemented in 2016. This project builds on framing theory, the law and social movements perspective, and a discussion of ethnocentrism to address how the Chinese state-owned (English-language) and British privately-owned media represented domestic violence-related issues in China from 2016 to 2022. The findings of this research demonstrated that China Daily passively participated the simultaneous process of media campaign and legal tactic, referenced legal actors’ ideas on initiating top-down legal reform to close legal loopholes and improve the effectiveness of law enforcement, and educated the public to remove outdated traditional ideas. The Chinese media coverage on domestic violence-related issues can be characterized as taking a responsive approach, as they largely reference elite legal actors’ discourse on pragmatic solutions for domestic violence. Conversely, the British media broadened the discussion of domestic violence-related issues in China to critique socialist values and the Communist party (government). The Guardian and The Economist emphasized the importance of bottom-up feminist movements and individual activists’ contributions in ending domestic violence. The ethnocentrism of the British publications resulted in their overlooking Chinese law and social movements in the context of domestic violence.

Enforcement Of Administrative Immigration Laws Legal Study On Immigration Laws Towards Foreign Citizens In Indonesia (Analysis Of Deportation Cases)

The deportation of foreigners for committed violations is considered as the last resort taken by the state to address foreign nationals who are believed to disrupt public order, endanger public safety, or refuse to comply with applicable laws and regulations. The research problem formulation is how the implementation of deportation according to Immigration Law Number 6 of 2011 and the analysis of the case. The research method applies a normative juridical method with a conceptual approach. The results of this study indicate that the implementation of deportation as a response to immigration law violations is regulated in Law Number 6 of 2011. This is a law enforcement measure to expel foreign nationals who have violated the law, as an effort to maintain state sovereignty.

Barriers and future improvements of workplace-based learning in Korean medicine clinical clerkship: perspectives of graduates

BackgroundWorkplace-based learning (WPBL) has emerged as an essential practice in healthcare education. However, WPBL is rarely implemented in Korean medicine (KM) due to the passive attitude of teachers and possible violation of medical laws that limit the participation of trainees in medical treatment. In this study, we implemented WPBL in the clinical clerkship of Acupuncture and Moxibustion Medicine at a single College of KM and explored the barriers and future improvements of WPBL.MethodsThe WPBL was implemented from January to July 2019. During the clerkship, each senior student was assigned an inpatient at the university hospital. WPBL was conducted as follows: patient presentation by the supervisor, interaction with the patient at the bedside, preparation of medical records, oral case presentation, and discussion with feedback. The student performed a physical examination and review of systems as a clinical task. In addition, six doctors of KM who are currently practicing after three years of WPBL were interviewed in September 2022 to investigate the real-world effects and unmet needs of WPBL in their workplaces.ResultsTwo major themes identified from the interview were: “the experience of novice doctors of KM with KM practice” and “Current state of KM clinical education.” The five subcategories were: “Clinical competency priorities vary according to the KM workplace,” “Difficulties faced by doctors of KM immediately after graduation,” “WPBL experience of the interviewees,” “Necessary but difficult to implement real patient learning,” and “Unmet needs for clinical clerkship in KM.”ConclusionIt is essential to consider the unique characteristics of KM practice and the duties required in various workplaces for successful WPBL. We anticipate our study to be a starting point for improving the WPBL and addressing the unmet needs in KM clinical education.

Signs of how the Sydney Declaration article is received in the forensic science literature

The Sydney Declaration is an initiative led by an informal group of forensic scientists with diverse backgrounds. It offers a vision of forensic science based on the trace, as a vestige of a past event related to security or a possible law violation. An article published in Forensic Science International (FSI) introduces to this view [1]. Our investigation delves into how the forensic science literature has received this article (the SD article), nearly two years after its publication. One of the main challenges of this exploratory study was to define the appropriate scope of forensic scientific literature, within which the SD article must be located. In general, the publishing domain is quickly evolving, with many competing players, while still being structured around standard academic disciplines. The forensic literature, meanwhile, is scattered and poorly connected. This reflects the fragmentation of practice and research in forensic science, and the difficulty of situating a scientific activity in such a way as to bring out its forensic substance. Nonetheless, the SD article fills a gap. By deciphering the critical concept of trace, it highlights how pivotal forensic science is in addressing societal challenges. Scholarly literature expresses clear quantitative interest in the SD article. It has received significant qualitative citations on multiple levels and dimensions, in a highly relevant manner and in accordance with its aim of providing a forensic foundation for various debates that have been conducted separately, notably over the last fifteen years.

Prehospital Care for Persons Experiencing Homelessness: A Cross-Sectional Survey of the Challenges, Experiences, and Perspectives of Operational EMS Agency Medical Directors

Objective Persons experiencing homelessness (PEH) are among the most vulnerable populations and experience significant health disparities. Nationally, PEH utilize Emergency Medical Services (EMS) at disproportionately higher rates than their housed peers. Developing optimal strategies to care for PEH has become critically important. However, limited data exists on best practices, challenges, and experiences of providing care to PEH. The objective of this study was to describe the experiences, challenges and perspectives of operational EMS agency medical directors in Los Angeles (LA) County as they confront the homelessness crisis. Methods We performed a cross-sectional survey of 9-1-1 operational EMS agency medical directors in LA County, which has one of the largest populations of PEH nationally. Twenty-nine 9-1-1 operational EMS agencies operate in LA County. The link to an anonymous, web-based survey examining documentation, training, resources, operational impact, and care challenges was emailed to medical directors with three reminders during the study period (4/19/2023-9/15/2023). Results Three quarters (75.9%; 22/29) of operational EMS agencies responded to the survey, with all questions answered in 69% (20/29) of surveys. Of these, 68.2% (15/22) of agencies document housing status and 75% (15/20) agreed or strongly agreed that homelessness presents operational challenges. No operational EMS agency reported adequate EMS clinician training on homelessness. Operational EMS agencies most commonly utilized domestic violence resources (43%, 9/21), social services (38%, 8/21), and law enforcement (38%, 8/21) services to assist PEH. Referrals were limited by accessibility (86%, 18/21), time (52%, 11/21), lack of awareness (52% 11/21) and lack of mandates (52%, 11/21). All operational EMS agencies agreed or strongly agreed that mental health and substance use disorders are major issues for PEH. The most common daily challenges reported were mental health (55%, 11/20), substance use (55%, 11/20), and patient resistance (35%, 7/20). Conclusion In LA County, EMS agencies experience important operational and clinical challenges in caring for PEH, with limited resources, minimal training, and high rates of substance use disorders and mental health comorbidities. Further prehospital research is essential to standardize documentation of housing status, to identify areas for intervention, increase linkage to services, and define best practices.

Optional but not qualified: Neutrality, the UN Charter and humanitarian objectives

Abstract Neutral States must abstain from supporting a party to a conflict with military equipment and assistance. This core aspect of the law of neutrality has not changed with the adoption of the UN Charter in 1945, or with the brutal Russian aggression against Ukraine. That said, by reviewing the changes to neutrality law over time, this article finds plausible reasons to believe that neutrality has – for better or worse – become optional for the vast majority of States, which can today opt to be non-belligerent States – i.e., States that are neither neutral nor parties to the armed conflict. All States have to cooperate to bring to an end serious violations of international law, including humanitarian law, and this duty of cooperation has abolished “sitting-still neutrality”, but it does not render neutrality law moot. This reading of “optional but not qualified” neutrality maintains the core neutrality idea of abstaining in military matters. In this article, I argue that views of “obsolete” or “qualified” neutrality are not new at all but depart from well-accepted rules of legal interpretation and raise concerns about double standards. Viewing neutrality as optional but unqualifiable offers greater conceptual clarity, is more honest than alternative views, and comes with advantages for humanitarian action.

Beyond retribution: Individual reparations for IHL violations as peace facilitators

Abstract Three decades after the United Nations Security Council invoked its Chapter VII powers to create the ad hoc criminal tribunals, there can be little doubt that the prosecution of individuals responsible for serious violations of international humanitarian law (IHL) contributes to restoring and maintaining peace. While there is little doubt that the reparatory function of justice is just as crucial as retribution, under international law today, reparations for IHL violations remain harrowingly insufficient or borderline non-existent. In scholarship and strategic litigation, various attempts have been made to distil an individual right to reparations from black-letter IHL. This article argues that such approaches are doomed to fail, as procedural aspects of international obligations rarely, if ever, emerge through the evolution of an existing customary international obligation, let alone via the crystallization of a new customary international norm. They are usually triggered by a political shift that makes States adopt novel regulations setting forth the jurisdictional ramifications of enforcing a pre-existing right or obligation. This article thus advances a two-fold argument. First, it asserts that States’ increased compliance with the obligation to provide compensation for violations of IHL attributable to them would contribute to “the restoration and maintenance of peace” just as much as the prosecution of persons responsible for serious violations thereof. Second, it argues that the individual right to claim reparations for IHL violations can only be established through a political decision of States, and that the establishment of an international mechanism for Ukraine might be an important precedent for the evolution of the current international system.

A proposed dietary policy package for the health sector in Iran

BackgroundInsufficient physical inactivity and an unhealthy diet are significant health risk factors globally. Dietary risk factors were responsible for approximately 16.5% of all deaths in Iran in 2019. This paper aimed to propose a dietary policy package for the health sector to reduce the risk of an unhealthy diet, which might effectively help prevent and control non-communicable diseases (NCDs) in Iran.MethodsIn this qualitative study, we conducted semi-structured, face-to-face, and in-depth interviews with 30 purposefully selected experts, including policymakers, high-level managers, and relevant stakeholders, during 2018–2019 in Iran. All interviews were digitally recorded, transcribed verbatim, and thematically analyzed, facilitated by MAXQDA 11 software.ResultsWe developed several dietary recommendations for different stakeholders. These include traffic light labeling reforms, i.e., the need to make the signs large and readable enough through utilizing advanced technology, cooperation with other sectors, promoting healthy symbols and supporting food products with them, food basket reforms, updating dietary standards, adopting appropriate mechanisms to report violations of harmful products laws, scaling up mechanisms to monitor restaurants and processed foods, and creating an environment for ranking restaurants and other relevant places to support a healthy diet, for instance through tax exemption, extra subsidies for healthy products, Non-Government Organizations (NGOs) alliances, and using influential figures.ConclusionIran’s health sector has developed a practical roadmap for the prevention and control of NCDs through promoting healthy nutrition. In line with the sustainable development goal (SDG) 3.4 pathway to reduce premature mortality due to NCDs by 30% by 2030 in Iran, we advocate for the Ministry of Health and Medical Education (MoHME) to adopt appropriate evidence-informed interventions for improving public health literacy and reducing consumption of unhealthy food.

Narodowy Fundusz Zdrowia jako sprawca szkody antymonopolowej

Both in the European Union law and in the Polish national order, there is a comprehensive model of competition protection law enforcement, which includes: public and private competition rules enforcement. Private enforcement is carried out individually by entities aggrieved by the unlawful conduct of other entities by submitting a lawsuit under the Act on Claims for Compensation for Damage Caused by Violation of Competition Law. In compensation proceedings, it is necessary to identify the perpetrator of the antitrust damage. The concept of the perpetrator of antimonopoly damage also covers entities that organize or provide services of general interest without carrying out economic activity. The content of the publication, on the basis of legal regulations, available literature and judicates, is an attempt to answer the questions whether the National Health Fund, as a public entity not oriented towards making a profit, may be qualified as an entrepreneur who is the perpetrator of anti-monopoly damage and is obliged to repair it, and whether a civil court in the compensation proceedings may not qualify the National Health Fund as an entrepreneur that may be the perpetrator of antitrust damage?

Penegakan Hukum terhadap Pelaku Tindak Pidana Penambangan Pasir Secara Illegal

Mining is a natural resource that cannot be renewed so it must be managed as well as possible, efficiently and transparently and paying attention to the environmental impacts resulting from mining activities. The rampant illegal sand mining that occurs in Batam, Indonesia can certainly cause environmental damage. The aim of this research is to determine and analyze the regulation and law enforcement against perpetrators of illegal sand mining crimes. The research method used in this research is descriptive-analytic with a juridical-normative type of research. The results of research on regulations regarding perpetrators of illegal sand mining crimes are regulated in Article 158 which reads "every person who carries out mining without a permit as intended in article 35 shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000 .00 (one hundred billion rupiah)”. Law enforcement against perpetrators of criminal acts of illegal sand mining, namely being sentenced by the Batam District Court with Batam District Court Decision No. 515/Pid.Sus/2022/PN Btm is the sentence imposed by the panel of judges including imprisonment for 1 year and 3 months for each defendant, as well as a fine of IDR 500,000,000.00. The conclusion is that law enforcement is running well and shows the court's seriousness in dealing with violations of mining and environmental protection laws. Additional punishment in the form of imprisonment if the fine is not paid, emphasizes that compliance with the law is non-negotiable.

Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide

Forcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discussed

From silence to vigilance: overcoming barriers in public reporting of bid-rigging and cartel violations

Abstract There are several ways to collect information on violations of antitrust laws, including ex officio detection, reports from the general public, and the use of leniency systems. There have been many discussions on improvements in the use of leniency systems and refining the ex officio detection method by improving the use of data by methods of analysis. However, improvements in public reporting have not often been considered. In this study, we confirm that 68.8 per cent of the general public provides information on bid-rigging and 49.6 per cent of the general public provides information on cartels, and that the reason for not providing information is the unlikelihood of success, which means a sense of powerlessness against powerful companies, followed by a feeling of lack of responsibility. Therefore, addressing that perception is the key to increasing information from the general public.

Collateral Consequences: The Effects of Justice Processing for Violations of Drug Laws in New York City

Collateral Consequences: The Effects of Justice Processing for Violations of Drug Laws in New York City