bluuebunny/crossref_metadata_2025 huggingface dataset:
STANDAR PELAKSANAAN AKAD MUSYARAKAH DAN PERLAKUAN AKUNTANSI MUSYARAKAH BERDASARKAN PSAK 106 PADA PERBANKAN SYARIAH
Authors: Abd.Wahid Balya Rifqi , Oftafiana Triya , Aisyah Binti Nur
Published: August 2024

Abstract
Efforts made by Islamic financial institutions in order to eliminate riba are by applying sharia principles and profit-sharing systems. Some of the financing that applies the principle of profit sharing are the contracts of mudharabah, musharakah, muzara'ah and musaqah. The commonly used ones are mudharabah and musharakah. The relationship between Islamic banks and customers in musharakah is a partnership. It is important for Islamic banking to ensure the implementation of contracts in accordance with the standards so that no party is harmed and with Islamic sharia principles. By conducting literature research from various literature, this article aims to present various theories, rules and principles for musharakah. It then explains about the definition of musharakah, the underlying sharia foundation, basis and requirements and types of musharakah. It also explains about the standards of implementation, supervision and risk management of musharakah. Finally, it depicts the accounting treatment of musharakah based on PSAK 106.
 
Keywords: Musyarakah Agreement, Definition of Musyarakah Agreement, Standard of Musyarakah Agreement, Accounting Treatment of Musyarakah Agreement.
PENGARUH NPF GROSS, ROA, ROE, TERHADAP TOTAL ASET PERBANKAN SYARIAH INDONESIA TAHUN 2020-2021
Authors: Amal Ilham Iklashul , Hafida Haifa Fitri nur , Salsabila Hanun Adzkiya , Faradila Intan
Published: August 2024

This research aims to analyze the impact of NPF (Non Performing Financing), ROA (Return on assets), and ROE (Return on Equity) on total Indonesian sharia banking assets from 2020-2021. Through analysis using a qualitative approach using panel data regression analysis methods, it was found that NPF had a negative effect on total assets, indicating that a high financing to savings ratio could potentially reduce the performance of total banking assets in Indonesia. On the other hand, ROA shows a significant positive correlation with total Islamic banking assets. then the ROE variable has a significant and positive effect on total sharia banking assets. This means that when ROE increases, it is followed by an increase in total sharia banking assets. These results indicate that the ROA, ROE, NPF ratios have a significant effect on total sharia banking assets.
 
Penelitian ini bertujuan untuk menganalisis dampak NPF (Non Performing Financing), ROA (Return on asset), dan ROE (Return on Equity ) pada total aset perbankan syariah Indonesia dari tahun 2020-2021. Melalui analisis dengan pendekatan kualitatif dengan metode analisis regresi data panel, ditemukan bahwa NPF berpengaruh negatif terhadap total asset, menunjukkan bahwa rasio pembiayaan terhadap simpanan yang tinggi dapat berpotensi mengurangi kinerja total asset perbankan di Indonesia. Sebaliknya ROA menunjukkan korelasi positif yang singnifikan terhadap total asset perbankan syariah . kemudian variabel ROE berpengaruh signifikan dan positif terhadap total aset perbankan syariah. Artinya ketika ROE meningkat maka diikuti dengan peningkatan total aset perbankan syariah. Hasil ini menunjukkan bahwa Rasio ROA, ROE, NPF berpengaruh signifikan terhadap total aset perbankan syariah.
PENGARUH LITERASI KEUANGAN DAN PROMOSI TERHADAP MINAT MENGGUNAKAN E-WALLET PADA SANTRIWATI MA PUTERI AL-AMIN MARTAPURA
Authors: Malihah Lola , Namiroh Namiroh , Anwar Mukhlis Kaspul
Published: August 2024

In line with rapid technological advancements, the use of smartphones has become an indispensable aspect of modern life. Easy internet access through smartphones has opened up signnificant opportunities for the development of e-commerce. To support online shopping activities, digital wallets have emerged as a popular digital payment innovation. This research aims to identify the influence of financial literacy and promotion on the interest in using e-wallet among female student of MA Puteri Al-Amin Martapura. The study employs a quantitative method conducted through field research reserch. Data collected from a questionnaire distributed to 82 female students using a saturated sampling method serve as primary data. The data analysis reveals that financial literacy does not demonstrate a significant influence on the interest in using e-wallets, with a calculated T-value of -0,651< tabulated T-value of 1,664. However, promotion shows a significant influence on the interest in using e-wallets, with a calculated T-value of 9,988 > the tabulated T-value of 1,664. Based on the F-test , the calculated F-value of 52,144 > the tabulated F-value of 3,111, thus is can be concluded that financial literacy and promotion simultaneously influence the interest in using e-wallets. The R2 result of 56,9% indicates that financial literacy and promotion collectively affect the interest in using e-wallets.
IMPLEMENTASI PENDIDIKAN KARAKTER MELALUI PROGRAM TAHFIDZ AL-QUR’AN SISWA KELAS III MI NURUL QUR’AN PRESAK TIMUR PAGUTAN MATARAM
Authors: Azzamzami Andri Zahid , Zaenudin Farid , Ahyana Aldin , Ahmad Akmal
Published: August 2024

Character education is a conscious effort made by educators to students to make children who have good behavior, so that in the formation of character in schools, all must work together in the components (stakeholders) or the education component itself, which involves the curriculum and the teaching and learning process and extracurricular. This study aims to describe the implementation of the Tahfidz Al-Qur'an program character education for third grade students at MI Nurul Qur'an East Presak Pagutan Mataram and to describe the obstacles faced by third grade students in implementing the Tahfidz Al-Qur'an Program at MI Nurul Qur'an Presak Timur Pagutan Mataram, This research uses descriptive qualitative research. Collecting data using interview, observation, and documentation methods. To check the validity of the data using technical triangulation and source triangulation. The results of this study indicate that the process of character education through the tahfidz Al-Qur'an program in class III MI Nurul Qur'an by: a) Character formation through habituation, before reading and memorizing the Qur'an students must: be pure from hadats (ablution) habits like this give birth to a clean character, b) The habit of reading and memorizing the Qur'an before learning gives birth to a disciplined character, c) The teacher requires students to make a deposit every week at least five verses to meet the memorized target that has been set, d) the habit of reading and memorizing the Qur'an gives birth to an honest character.
PENERAPAN STRATEGI PEMBELAJARAN INKUIRI PADA MATA PELAJARAN AL-QURAN HADITS KELAS VII MTS MIFTAHUL HUDA WATUKEBO BLIMBINGSARI
Authors: Muttaqin Ahmad Izza , Rohim Nur
Published: August 2024

Learning strategies are very important for an educator to use when teaching. The use of learning strategies should be a part that must get the attention of educators / facilitators in every learning activity. Therefore, educators need to learn and even develop how to set learning strategies in order to effectively achieve learning objectives in the teaching and learning process in the classroom, one of which is the application of appropriate learning strategies. This study uses a qualitative method in the form of descriptive. Data collection methods include interview, observation and documentation methods. Researchers acting as participants and informants of this study were the Head of Curriculum, Al-Quran Hadith teacher, and several seventh grade students. For the sample technique using purposive sampling. The validity of the data is done by triangulation of sources. For data analysis using data reduction, data presentation, conclusion drawing/verification. Based on the results of interviews and observations that have been made by the researcher, it was found data stating that the application of the inquiry learning strategy includes lesson planning, implementation of learning strategies consisting of observation, formulating problems, analyzing hypotheses, analyzing data, and drawing conclusions. The last stage is the closing and evaluation stage. In addition, it was also found that there was a process of compiling problems using the question and answer method and when delivering conclusions using the lecture method.
EVALUASI PEMBELAJARAN PENDIDIKAN AGAMA ISLAM BERBASIS BUDAYA DI SMP ISLAM BANI HASYIM MALANG
Authors: Fanani Muhammad Adip , Mawadah Fitrah Ainul , Abdurrohman M. Iqbal
Published: August 2024

School culture is a place for carrying out all activities, activities, habits, customs and beliefs to internalize aspects of knowledge to students. The application of school culture aims to foster scientific values, have awareness and love for Allah SWT, be able to realize goodness and benefit for oneself, family, school, community and the entire universe, and strengthen students' love for the motherland, nation and country in Islamic framework. This research is a qualitative descriptive study. Data collected through observation and direct interviews. This research shows that the focus of learning evaluation at Bani Hasyim Malang Islamic Middle School is focused on three fundamental aspects, namely monotheism, nationality and universality. The results of the study show that evaluation of culture-based learning can foster a spirit of independence, awareness and movement within students. These three elements are interrelated with each other so that the nuances of the integration of religion and science (natural and social) have extraordinary significance and the pillars of religious culture can be internalized consistently.
Lime versus Lemon: Factors That Constitute the Differences between Hausa and Igbo Entrepreneurs in Nigeria
Authors: Sabiu Ibrahim Tijjani , Sarwar Muhammad Arslan , Manzoor Waqas , Bashir Adnan
Published: August 2024

The level of economic development, standards of living, and employment across countries or regions in a country differ considerably from the level of entrepreneurship. The same phenomenon is observed in Nigeria as literature downplayed the economic significance of Hausas despite being involved in long-distance trading for many centuries. Meanwhile, excellent interpretation of Igbo skills in economic activities has been widely reported. Therefore, this paper identified those factors accounting for differences in the entrepreneurial development between Hausa and Igbos in Nigeria. Ten Hausa and Igbo entrepreneurs were used in these qualitative interviews. The interviews were transcribed and analyzed thematically using ATLAS t. i7. Eventually, four broad categories identified were: the background of the entrepreneur; the nature and mindset of the entrepreneur; the entrepreneur’s goals and aims; and well as orientation and nature of the business. Thus, identifying these factors serves as a guide for policymakers to design an appropriate model for the development of Hausa entrepreneurship.
The female triad in the development of public preschool education: Pauline Kergomard, Sophia Rusova and Maria Montessori
Authors: Lokhvytska Liubov , Martovytska Natalia , Sheleh Tetiana
Published: August 2024

The relevance of the research is based on the retrospective analysis of the foundational aspects of the public preschool education development. The research problem concerns the determination of how views on teaching and education of preschool children evolved in public institutions across European countries since their establishment (late XIX – mid XX century) and the specification of the contributions made by those pioneers. The aim of the study was to provide a comprehensive historical and pedagogical analysis of the creative activities and conceptual frameworks concerning the preschool education systems established by three founders: the Frenchwoman Pauline Kergomard, the Ukrainian Sophia Rusova and the Italian Maria Montessori. To achieve the stated objective, a complex of methods was implemented: theoretical analysis and synthesis, historical-pedagogical methods (retrospective and chronological-structural), pedagogical historiography, specification, generalization, and systematization. The article studies the main stages of pedagogical activities of each pedagogue of the female triad in the development of public preschool education, as well as the leading principles characterizing their pedagogical concepts. It offers both identical and specific positions regarding the contributions represented by these figures. Key progressive ideas regarding the organization of educational processes for preschool children in the context of modern preschool education have been defined as relevant for implementation. It was clarified that these positions included principles concerning the organization of public preschool education considering national identity, natural inclinations, talents and interests of children, as well as their psychological capabilities while performing different activities. The core role of the female triad’s contribution addressed the formation of personality during early childhood and the guidance of this process by the pedagogue. The scientific and practical value of the conducted research lies in deepening educational materials within the educational component “History of Preschool Pedagogy” for students majoring in Preschool Education (specialty 012). Additionally, it contributes to the course “Foreign Language for Professional Purposes” for students majoring in pedagogical specialties. This research enhances the understanding of historical developments and theoretical foundations in preschool pedagogy, providing valuable insights and knowledge for researchers and students specializing in pedagogy
Development of digital competence of teachers in vocational education institutions
Authors: Diachuk Oleksandr
Published: August 2024

Teachers’ digital competence is key to preparing students for the digital age. It is not only computer skills, but also the creation of interactive learning, assessment and collaboration. The aim of the study was to assess the level of information and communication competence of vocational teachers. A comparative analysis of tools for assessing teachers’ media literacy is made. An overview of global and national trends in the development of digital competence of teachers, as well as the development and implementation of digital literacy programmes, is provided. Attention is paid to the role of the teacher as a facilitator, the problems of network security and the use of artificial intelligence (AI) in education. According to the results, the level of digital competence among teachers varied: 43.3% have a high level, 50% have an average level, and 6.7% have a low level. The main problems identified were insufficient knowledge of specialized software, lack of systematic training and technical support, and low motivation due to workload and stress. As part of the development of a programme to improve digital competence, the need to introduce compulsory courses in digital literacy, provide the necessary equipment and technical support, reduce the workload of teachers, and monitor successful international experience, such as regular courses and trainings, online courses, practical classes, project work, technical support and mentoring programmes; create communities for sharing experiences and a reward system to motivate teachers; organize effective feedback; and develop a system of teacher training and mentoring. The implementation of these recommendations is intended to help improve digital literacy and enhance the quality of education. The findings of the study can be used by the management of educational institutions to develop and implement programmes to improve the digital competence of teachers, which will improve the quality of the educational process and prepare students for the requirements of the modern digital society. These results may also be useful for state educational authorities in developing national standards and policies on digital literacy of teachers
Innovación abierta y rendimiento de la innovación de las Pymes exportadoras de la Zona 1
Authors: Santacruz Benavides Alexandra Marisol
Published: August 2024

El propósito de la investigación fue abordar la innovación abierta y el rendimiento de la innovación de las Pymes exportadoras de la Zona 1 considerando variables como el desarrollo económico, social, cambios en el entorno interno y externo, el aumento de las inversiones y el desarrollo de nuevos productos. Para el efecto se aplicó un estudio de enfoque cuantitativo de tipo descriptivo y de corte transversal, por medio de un cuestionario de escala de Likert a 45 empresas exportadoras de la Zona 1 tomando en cuenta los registros catastrados de la Dirección del Ministerio de la Producción en la Zona 1, obteniéndose 43 respuestas válidas y sujetas a revisión. Considerando que el análisis de normalidad determinó la necesidad de aplicar pruebas no paramétricas. Los principales hallazgos determinan que no existe relación entre las variables de innovación abierta y del rendimiento de la innovación de las Pymes exportadoras de la Zona 1, ya que para este tipo de empresas resulta indiferente la aplicación de la innovación abierta y por tanto no guarda relación con el rendimiento de la innovación por no ser correlacionadas.
WAYS TO DEVELOP CRITICAL THINKING AMONG STUDENTS
Authors: Şadlinskaya Gülzar
Published: August 2024

The article dedicated to the problem of critical thinking technologies. There is presented a three-stage training model that forms the basis of this technology. Various creative elements and activities have been researched to form critical thinking. The most effective pedagogical approaches for the implementation of critical thinking technology have been noted.
MAIN PSYCHOLOGICAL FACTORS OF ADAPTATION OF STUDENTS' PERSONALITY TO STUDYING CONDITIONS
Authors: Əfəndiyeva Günəş
Published: August 2024

The article notes that student life is the most important period in the life of young people. Students are a mobile social group, the composition of which is constantly changing. High intensity of communication is a specific feature of students. Psychologists have characterized students as a “special social category”, a special group of people and identified the psychological characteristics of student age, including students’ high cognitive motivation, social activity and social maturity. Many factors influence the academic success of students at university. These factors include: financial situation, level of health, age, marital status, level of preparation before entering a university, acquisition of skills of self-organization, planning and control of one’s own activities, forms of education, material resources of higher schools, level of training, as well as specialization of teachers. It is noted that the stage of intensive socialization of students and the development of higher mental functions is constantly manifested in the general psychological plan for the development of education at a university, and thus the necessary qualities and social experience are formed in the process of student self-education.
FACTORS CAUSING AGGRESSION IN TEENAGERS
Authors: Qasımova Rənа
Published: August 2024

This article examines the factors that lead to increased aggressiveness in adolescents. During adolescence, children are emotionally unstable. Psychologists attribute the reason for this primarily to biological factors - hormonal changes, changes in the body, puberty. However, sometimes emotional situations can take a radical form and develop into aggression. And if a teenager is left alone with his stubbornness, rebellion, and aggressiveness, this can lead him to crime or other negative situations that cannot be avoided.
Gobernanza robusta: del concepto a las estrategias para afrontar entornos de turbulencia en América Latina
Authors: Salvador Miquel , Ramió Carles
Published: August 2024

El artículo plantea una aportación al debate académico sobre las respuestas a desarrollar desde el sector público a un entorno en el que las crisis, de diversa naturaleza y alcance, se van enlazando hasta cobrar un carácter estructural. La caracterización de las respuestas a las crisis, desde la resiliencia estática o la dinámica, a la robustez, permiten identificar diferentes equilibrios entre estabilidad y cambio. El concepto de gobernanza robusta como paradigma para afrontar un entorno de turbulencia parte de la integración de componentes propios de paradigmas precedentes, asentándose sobre un nuevo equilibrio entre estabilidad y cambio que permite potenciar las capacidades de adaptación de las instituciones públicas. El desarrollo del concepto, de cara a su eventual aplicación en la realidad latinoamericana, se plantea a través de cinco estrategias de carácter complementario que inciden tanto en las organizaciones públicas como en los modelos de relación de la red de actores implicados en la gobernanza. Con los conceptos, estrategias y evidencias aportadas, el trabajo contribuye al debate sobre un nuevo modelo de gestión y de relaciones del gobierno y la administración con su entorno. Un debate que permita ordenar las dinámicas innovadoras en la gestión pública frente a las nuevas exigencias del contexto que surgen de manera espontánea y escasamente articuladas. El paradigma de gobernanza robusta puede contribuir a lograr este objetivo.
DISFUNÇÃO SEXUAL FEMININA EM MULHERES EM IDADE REPRODUTIVA: UMA REVISÃO INTEGRATIVA DA LITERATURA
Authors: Biella Ana Flávia , Lemos Isabella
Published: August 2024

A disfunção sexual feminina (DSF) em mulheres em idade reprodutiva é uma condição complexa influenciada por fatores fisiológicos, psicológicos, emocionais e socioculturais. Este estudo teve como objetivo analisar e sintetizar as evidências disponíveis sobre esses fatores e identificar as intervenções clínicas mais eficazes. Realizou-se uma revisão integrativa da literatura, incluindo estudos publicados entre 2010 e 2024 nas bases de dados PubMed, SciELO, BVS e Google Scholar. Foram incluídos 19 estudos que atenderam aos critérios de inclusão. Os resultados destacam a influência de alterações hormonais, condições ginecológicas, doenças crônicas, ansiedade, depressão, autoimagem negativa, estresse, traumas, normas culturais restritivas e qualidade dos relacionamentos na DSF. Intervenções farmacológicas e psicológicas mostraram-se eficazes, indicando a necessidade de abordagens terapêuticas personalizadas e multidisciplinares. Identificou-se também o treinamento da musculatura do assoalho pélvico como intervenção eficaz para DSF. Conclui-se que estratégias integradas são essenciais para melhorar a qualidade de vida das mulheres afetadas pela DSF, fornecendo uma base sólida para futuras pesquisas e práticas clínicas.
THE SILENT ENEMY: CURRENT PRACTICES FOR HEALTHCARE PROFESSIONALS IN THE IDENTIFICATION AND REPORTING OF PSYCHOLOGICAL HARM IN CASES OF DOMESTIC VIOLENCE
Authors: Ellie McKay Matthew Raj &
Published: August 2024

Awareness and recognition of domestic violence in Australia is increasing. In 2014, the Victorian Government appointed Fiona Richardson as the first Minister for the Prevention of Family Violence and Australian domestic violence campaigner Rosie Batty, whose 11-year-old son Luke was killed by her husband, was named 2015 Australian of the Year. Also, a Special Taskforce chaired by Former Governor-General Quentin Bryce has been formed to conduct an extensive review of domestic violence in Queensland and legislative reforms have been implemented that adopt a broader concept and definition of domestic violence which include psychological harm. Despite these developments, the ability of healthcare professionals to detect domestic violence – a pre-requisite to the proper functioning of these laws in practice – is limited in various ways. This article provides an overview of existing legislation that proscribes domestic violence and explores current methods used by practitioners to detect domestic violence. It then examines the duty of HCPs to report instances of domestic violence and explores the methodology behind early warning detection for victims experiencing acute or chronic psychological harm. Finally, the article explores the implications of recent legislative amendments and difficulties faced by HCPs. It then discusses adaptive methods to assist HCPs in practice to ultimately prevent domestic violence.
OBSTRUCTION IS JUSTICE: THE JUSTIFICATION OF OBSTRUCTION FOR THE OCEANS, AND AN INSIGHT INTO THE WESTERN AUSTRALIAN SHARK CULL
Authors: Stewart Madison
Published: August 2024

Madison Stewart has known sharks all her life. Being certified to scuba dive at 12 years old instead of learning to ride a push-bike, she has always had a passion for the ocean and exploring the great reefs off the coast of Australia. The ocean became her home, and sharks her family, but not everyone can understand the placidity of sharks like Madison. When her family was threatened to be killed by shark culling laws introduced by the Western Australian Government, she was quick to retaliate and defend the innocent creatures. This is her story about the battle against the laws that seek to destroy what she loves and how the law can sometimes lead to injustice.
SURROGACY AND DIGNITY: RIGHT-OF-REPLY
Authors: Kunde Rachel
Published: August 2024

This commentary is an un-refereed right-of-reply to Kate Galloway’s manuscript titled ‘Surrogacy and Dignity: Rights and Relationships’, which was written as a response-piece to Rachel’s original narrative ‘Australian Altruistic Surrogacy: Still a way to go,’ published in Volume 3 Issue 2 of the Griffith Journal of Law and Human Dignity in 2015.
Gender Stereotyping in International Law: The Battle for the Realisation of Women's Reproductive Health Rights
Authors: Carty Cowling Daisy-May
Published: August 2024

In all forms of discrimination against women, the phenomena of gender stereotyping has played a significant role; gender stereotypes are often cited as one of the most crucial barriers states need to eliminate in order to achieve substantive equality between the sexes. Gender stereotyping and its impact on the realisation of women’s human rights is arguably the most pervasive in the area of reproductive health. Whilst the existence of gender stereotyping can be damaging for both men and women, such stereotyping holds the sexual freedom and physical autonomy of women to unrivalled and relentless scrutiny. Despite the existence of human rights that regulate states’ conduct when it comes to gender stereotyping and reproductive health, as has been consistently outlined in the breadth of international case law, gender stereotypes and patriarchal concepts that aim to determine a woman’s role in society mean that rights such as access to abortion and contraception are endangered by religious and other ideological forces.  It is concluded that states and international human rights bodies must focus their attention on the importance of combatting the harmful gender stereotypes that exist within their jurisdictions to achieve any form of substantive equality for women.
Kinsey, Empiricism, and Homo/Transphobia
Authors: Kirby The Hon Michael
Published: August 2024

The struggle of the LGBTIQ community is well documented. In the not so distant past, spurred by prejudice and misinformation, LGBTIQ people were labelled mentally ill and faced criminal prosecution for their identities. Despite the gradual progression of understanding and empathy of the past century, members of the community still face daily hostility and discrimination rising from the remnants of that bygone era. In the spirit of great scientists such as Alfred Kinsey, who promoted understanding through evidence based conclusions, this article seeks to identify several basic reasons behind the hostility and apathy towards the LGBTIQ community in Australia and overseas.
A Personal Experience with Suffering Patients: Bringing Home the Assisted Dying Debate
Authors: Syme Dr Rodney
Published: August 2024

This manuscript details the author’s experiences with the assisted dying debate in Australia. As a practiced physician and end-of-life counsellor, Dr Rodney Syme speaks about his commitment to respecting the dignity and autonomy of his patients. He advocates for the de-criminalisation of assisted dying, arguing that existing Australian legislation is based upon outdated perspectives, not adequately informed by the voices of suffering patients. Ultimately, this manuscript speaks to our universal humanity, requesting that we privilege a patient’s right to control their death over our blind preference for the preservation of a painful life.
Addressing the Needs of Those who Have Experienced Abuse in Care as Children: Implications of Findings from the Royal Commission
Authors: McClellan The Hon Justice Peter David
Published: August 2024

The Royal Commission into Institutional Responses to Child Sexual Abuse has been instrumental in “changing the conversation” around sexual abuse. Our public hearings in particular have brought widespread attention to the nature and extent of institutional child sexual abuse, and have helped to reduce the stigma associated with it. The following article is based on an address given at the Association of Children’s Welfare Agencies National Conference in Sydney on Monday 15 August 2016. It shows that a profound change in public attitudes towards children has taken place — from a time when the norm of “children should be seen but not heard” prevailed, to today’s increasing acceptance of a child’s special vulnerability to harm. With greater recognition that children should participate in decisions that affect them, and that they deserve equal protection, institutions are reforming and internalising “child-safe” practices. We are at an important point in the social history of children in Australia.
Climbing the 'Staircase': Do EEO Policies Contribute to Women Achieving Senior Leadership Positions in Universities in Australia and Hong Kong?
Authors: Stephenson Elise , Broadbent Kaye , Strachan Glenda
Published: August 2024

Often at the vanguard of equal employment opportunity (‘EEO’) interventions and movements for equality, it is surprising that universities remain inherently gendered in leadership, with few women making it to senior leadership positions worldwide. While EEO policies have been expressly designed to achieve equality and redress gender imbalances inherent in university structures, it is unclear whether EEO policies practically contribute to this, with an enduring leadership imbalance evidenced globally. To determine the contributions of EEO policies across the international labour market in which universities operate, this case study compares the EEO policies and experiences of ten women university leaders in Australia and Hong Kong. This study finds that more-developed EEO policies correlate with more women in leadership and better experiences of leadership for women within the universities. However, it is clear from a sustained gender imbalance in leadership that EEO policies do not redress gender inequality alone. Limitations of EEO interventions include the narrow focus on aspects of discrimination and inequality and over-reliance on traditional concepts of “merit” and leadership. Grounded within the Asia Pacific region, this case study demonstrates that the contributions of EEO policies to women’s leadership in universities are nuanced.
Women, Sexism, and Politics: Does Psychology Help?
Authors: Lawrence Carmen
Published: August 2024

When Julia Gillard replaced Kevin Rudd as Prime Minister, there was, in some quarters at least, celebration that a woman had been accepted as qualified for the job; that we had no problems with a woman in the highest office in the country. Did we? We could say, could we not, that sexism was safely relegated to the past? Similar conclusions were reached when I became Premier in Western Australia — it was marked, not just as a first, but as a harbinger of further change. While Gillard’s ascension and the growing numbers of women ministers, state and territory leaders, and members of parliament might encourage the perception that men and women are equally accepted in politics in Australia, other data raise questions about whether this is true.
Re Georgio: An Intimate Account of Transgender Interactions with Law and Society
Authors: Fallah Katherine
Published: August 2024

In its everyday operation, the law presumes to narrate trans stories and shape trans lives. This article shines a light on law’s claims to authority over transgender identities and transgender bodies, and offers an alternate, intimate account of one transgender person’s interactions with law and society. The stories recounted here offer glimpses into the life of Georgio. Written from the perspective of someone who has had the privilege of bearing witness to his journey, this article assembles incomplete fragments of the joys and frustrations of Georgio’s gender transition and invites deeper reflection on legal assumptions about the lives of transgender people. It represents an attempt to breathe humanity into law’s cold scripts of gender identity.
Editorial
Authors: Gunawan Michelle
Published: August 2024

We define a culture by the values, customs, and norms shared among social groups. Gender roles are a pervasive feature across various cultures. When laws reinforce these norms, they shape the types of violence, struggles, or triumphs that characterise our narratives. In this Special Issue, we intend to create a space for personal narratives alongside academic scholarship. By including both types of discourse, we seek to broaden critical scholarship with the candid voice and lived experience. We know that issues of gender and culture are not widely understood, and we know they attract certain stereotypes and assumptions. We want to show how culture can silence but how culture can also liberate.
Gender, Culture, and Narrative: Full Issue
Authors: (GJLHD) Griffith Journal of Law & Human Dignity
Published: August 2024

Full Issue
Volume 5 Issue 1
Authors: Law & Human Dignity Griffith Journal of
Published: August 2024

N/A
Miscarriage of Justice in Western Australia: The Case of Gene Gibson
Authors: Tulich Tamara , Blagg Harry , Hill-De Monchaux Ava
Published: August 2024

On 12 April 2017, the Western Australian Court of Appeal overturned the conviction of Gene Gibson, a young Aboriginal man who had spent nearly 5 years in prison after pleading guilty to the manslaughter of Joshua Warneke. The Court of Appeal quashed Mr Gibson’s manslaughter conviction on the basis that he suffered a miscarriage of justice, as he did not have the language skills or cognitive ability to understand the legal process. This article outlines the systemic failings of the Western Australian justice system highlighted by this case in responding to Aboriginal peoples and, in particular, Aboriginal persons suspected of having some form of cognitive impairment. We argue that the reforms instigated by WA Police in response to this case, while welcome changes, will not, of themselves, resolve many of the underlying problems that led to this miscarriage of justice. These reforms need to be accompanied by changes to Western Australia’s mentally impaired accused regime and must, we argue, be developed within a broader paradigm shift that strengthens community justice mechanisms and ensures greater partnership with Aboriginal people.
Deflection and Deterrence: Europe’s Shrinking Asylum Space and its Parallels with Australian Policies
Authors: Harvey Gemima
Published: August 2024

In 2015, as asylum seekers, refugees and migrants began making their way to Europe in larger numbers, the European Union set about putting policies in place to shut them out and protect its external borders. In the process, the protection of borders has become paramount to the protection needs of people, and policies have been designed to contain people in regions of origin, deterring the desire to reach Europe and deflecting responsibility for processing asylum claims to states elsewhere. The framing of resettlement as a reward for countries that cooperate, and people who wait, and the shifting of responsibility onto other states, where refugees cannot enjoy full rights, are reminiscent of Australia’s approach to asylum law and policy.
How the Higher Education ‘Industry’ Shapes the Discipline of Law
Authors: Thornton Margaret
Published: August 2024

This article argues that a constellation of factors combine to encourage law graduates to pursue a career in corporate law at the expense of alternative destinations. Most notable are the increasingly high tuition fees law students are charged, but the respective roles of government, the admitting authorities, law schools and the profession cannot be discounted. Each change in policy renders resistance more difficult. The proposed higher education changes contained in the 2017 Federal Budget are exemplary. As it is already assumed that law can be offered cheaply while charging high fees, the Budget cuts could induce universities to increase the number of law students as well as the cost of discretionary law degrees, such as the JD. This would not only increase competition for law-related jobs in the labour market, but it would also effect a more vocational orientation to the law curriculum.
A Critical Analysis of Legal Representation in Queensland's Mental Health Review Tribunal
Authors: Buckingham Jake
Published: August 2024

Mental health review tribunals make and review a variety of decisions regarding the care and treatment of individuals who have mental conditions. Each Australian State and Territory has established its own mental health review tribunal as the “gatekeeper” of civil commitment. Queensland is the only Australian jurisdiction to establish both a Mental Health Court and a Mental Health Review Tribunal to decide mental health matters. Queensland recently implemented the Mental Health Act 2016 which mandates that individuals are to be legally represented in certain tribunal proceedings. This paper concludes that the mandatory appointment of legal representatives is an indispensable measure to ensure tribunal proceedings are fair, transparent, and therapeutically beneficial.
The Internationalisation of Australia's Higher Education System: Trading Away Human Rights
Authors: Debets Jacob
Published: August 2024

The commoditisation and internationalisation of Australia’s education system has been so far-reaching that Australia’s economic stability, and the future of higher education institutes, are now largely dependent on the continued enrolment of overseas students into their courses. This paper critically analyses the international education industry, demonstrating that the current policy approach adopted by governments and education providers is fundamentally incompatible with Australia’s human rights obligations towards international students and fundamentally unsustainable if left unaccompanied by human rights principles. It begins with a history of Australia’s neoliberal approach to international education and how this approach has made international students vulnerable to significant and pervasive human rights abuses by both private and public actors. It then argues that the 2009 Indian student protests saga was at its core a revolt against this state of affairs and that responses to this crisis by government were ineffective because they fell back on market principles. It then discusses recent developments in the higher education sector and the 7-Eleven underpayments scandal, before making the case for restructuring Australia’s international education sector in alignment with its human rights obligations.
Ag-Gag Laws in Australia: Activists under Fire May Not Be out of the Woods Yet
Authors: Englezos Elizabeth
Published: August 2024

This paper examines the potential impact of Australia’s proposed ‘ag-gag’ laws in light of the decision of the High Court in ABC v Lenah Game Meats. It also explores the possible consequences of the (suggested) reforms on animal advocates, animal welfare, and our democratic and constitutional right to free political communication. The paper concludes that while the proposed laws may be unable to achieve their intended effect, they still present an inchoate threat to public debate and have the potential to undermine the democracy envisaged by the Australian Constitution.
Beyond Marriage Equality & Skin Curling
Authors: Kirby AC CMG The Hon Michael
Published: August 2024

December 2017 marked the culmination of a tedious process which lead to the enactment by the Australian federal Parliament of long overdue amendments to the Marriage Act 1961 (Cth). However, the anomalous approach in the form of a public postal vote that was employed in deciding whether a minority of citizens should be afforded equal civil rights to other citizens highlighted and exacerbated the vulnerability experienced by the very subjects it sought to redress. Nonetheless, in reminiscing about the significant changes that I have witnessed in my lifetime regarding alleviation of the uniquely hostile discrimination against LGBTIQ citizens is doubtless a step in the right direction and can make us optimistic about times to come, but also impatient to complete these changes in the hope that similar discrimination and injustices circumvented in times to come — and for generations to come.
IS AUSTRALIAN LAW ADAPTABLE TO AUTOMATED VEHICLES?
Authors: Brady Mark
Published: August 2024

Recent deaths involving automated vehicles have sparked calls for legislative reform. Scholars argue that the law lags behind new and disruptive technological innovations. Autonomous vehicles are hailed as the next step in the shifting paradigm of disruptive technology. With the introduction of automated vehicles, changes will occur in many areas of law and society. These changes will impact notions of property, identity and the physical landscape of Australia, including the architecture of the future fleet of motor vehicles and the infrastructure surrounding mass road transport. The legal frameworks in Australia appear fairly well adapted to the introduction of automated vehicles as there are several structures in place to allow the law to investigate and adapt to new technology. This article seeks to outline some of the social and legal impacts arising from the introduction of automated vehicles. It is structured in three parts. First it outlines a brief history of automated vehicles. Then it considers some different areas of law intersected by the introduction of automated vehicles; criminal law, privacy law, personal injury and product liability. Finally, it reflects on some of the potential physical and social impacts surrounding the introduction of automated vehicles. It concludes with whether the Australian law is adaptable to this new and disruptive technology.
INFORMATION TECHNOLOGY AND THE FUTURE OF LEGAL EDUCATION: A PROVOCATION
Authors: Webb Julian
Published: August 2024

This short paper explores, albeit in a preliminary fashion, challenges to legal education arising from the significant and radical impact of new information and communications technologies (ICTs) on law and legal practice. It uses the pervasiveness of ICTs to reframe the question of ‘law and technology’ from a philosophical perspective that sees information technology as an “environmental force”[1] that is capable of re-shaping our identity, agency and social relations, and hence constitutes a very significant means through which we make sense of the world.[2] The key question the paper poses thus emerges: how should we design the law curriculum when the law-technology relation is itself understood as a critical part of a continuing and profound transformation in what it means to be both a lawyer, and a human being?[1] Luciano Floridi (ed), The Onlife Manifesto. Being Human in a Hyperconnected Era (Springer, 2015) 1; Luciano Floridi, The 4th Revolution: How the Infosphere Is Reshaping Human Reality (Oxford University Press, 2014).[2] This contrasts with the broad but more limited, functional, orientation to technology which defines it (eg) as “any tool or technique, any product or process, any physical equipment or method of doing or making, by which human capability is extended” - Donald A Schön, Technology and Change: The New Heraclitus (Delacorte Press, 1967) 1.
International Law and its Discontents: Technology Laws
Authors: Abu-Meita Zeina
Published: August 2024

Technology enables trans-jurisdictional activity, both legal and illegal, by people, organisations, and governments. Technology is advancing much faster than the international laws that must cope with such progression.  Blockchain technology is examined as an opportunity for the law to catch up with technological advancements rather than fall further behind them.  Governments and corporations have made several disconnected attempts to harness the unique properties of blockchain technology to promote electronic voting and asset registration. The benefits of incorporating blockchain technologies may have the potential to alleviate some of international law’s current discontents.
A New Gig for Unconscionability — Equity and Human Dignity in Uber Technologies v. Heller [2020]
Authors: Madden Raúl
Published: August 2024

In Uber Technologies Inc. v. Heller, the Canadian Supreme Court affirmed the capacity of the doctrine of unconscionability to protect people working in the ‘gig economy’ from oppressive implications of non-negotiable standard form contracts tendered by drastically more powerful business entities. On the basis of unconscionability, the Court rejected Uber’s attempt to enforce a clause in their non-negotiable standard form contract that would preclude its drivers from invoking employment law rights in a domestic court, having stipulated dispute resolution through arbitration in a foreign jurisdiction at upfront and unaffordable expense to the driver. This case note critically elucidateshow the Court’s decision advances standards of human dignity for working people through an equitable reading of the relevant statute, and subsequently applying the characteristic elasticity of the Equitable doctrine of unconscionability in addressing changing social and economic circumstances and drastic power imbalances between parties.
NMPC for Mode-Switching Operation of Reversible Solid Oxide Cell Systems
Authors: Li Mingrui , Allan Douglas A. , Dinh San , Biegler Lorenz T. , Bhattacharyya Debangsu , Dabadghao Vibhav , Giridhar Nishant , Zitney Stephen E.
Published: August 2024

Solid oxide cells (SOCs) are a promising dual-mode technology that generates hydrogen through high-temperature water electrolysis and generates power through a fuel cell reaction that consumes hydrogen. Reversible operation of SOCs requires a transition between these two modes for hydrogen production setpoints as the demand and price of electricity fluctuate. Moreover, a well-functioning control system is important to avoid cell degradation during mode-switching operation. In this work, we apply nonlinear model predictive control (NMPC) to an SOC module and supporting equipment and compare NMPC performance to classical proportional integral (PI) control strategies, while ramping between the modes of hydrogen and power production. While both control methods provide similar performance in many metrics, NMPC significantly reduces cell thermal gradients and curvatures (mixed spatial temporal partial derivatives) during mode switching. A dynamic process flowsheet of the reversible SOC system was developed in the open-source, equation-based IDAES modeling framework. Our IDAES dynamic simulation results show that NMPC can ramp the SOC system between hydrogen and power production targets within short mode switching times. Moreover, NMPC can comply with operating limits in the SOC system more effectively than PI, and only NMPC can directly enforce user-specified limits for mixed spatial temporal partial derivatives of temperature. This allows for management of the trade-off between operating efficiency and cell degradation, which is dependent on these temperature curvatures.