bluuebunny/crossref_metadata_2025 huggingface dataset:
Physical Distance, Ethical Proximity
Authors: Dickman Nathan Eric ,   Philosophy Documentation Center
Published: June 2021

I develop Levinas’s analysis of “proximity” to explain how successful faceless class dialogues are possible despite physical social distancing during the COVID-19 pandemic. I first examine features of Levinas’s notion of proximity within his idiosyncratic approach to “ethics.” Second, I turn to Levinas’s examination of intentionality and questioning in relation to the hermeneutic priority of questioning. Third, I detail some successes and failures in attempts to embody Levinasian proximity in online or masked discussions with students. I draw out contrasts between experiences at two different institutions as well as between curricular and extracurricular experiences. I do this to expose my own vulnerability in this essay itself. Given pandemic conditions as well as Levinas’s theory of proximity, I found that many masked or virtual class discussions—but especially extracurricular group discussions, such as a philosophy club and the Black Student Union meetings—maintained a closeness of community despite social distancing.
The contribution of theatre pedagogy to the social and individual development of students in teaching German as a foreign language
Authors: Nijemčević-Perović Marija
Published: June 2021

The aim of the research presented in this paper was to study the contribution of theatre pedagogy to the social and individual development of students in the teaching of German as a foreign language. The target group included respondents of majority Serbian nationality and minority ethnic Roma. Semi-structured group discussions were used as an interactive data collection technique in qualitative research. The results suggest that directed theatre pedagogy activities contribute to a reduction in the level of social distance in an ethnically heterogeneous group, and that intergroup contacts in this type of activity stimulate peer interaction and a sense of unity regardless of individual differences. Social development has also affected individual development on three levels: conative, cognitive and affective. In view of the fact that supradisciplinary collaboration between theatrology, pedagogy and language teaching methodology is conducive to the creation of a context of active collaborative learning, the concepts of theatre pedagogy should be integrated into curricular and/or extracurricular activities. In this way, students from deprived groups and from the majority population would be motivated to enrich intergroup relationships in the system of formal education with their talents and abilities, which is a precondition for developing intercultural education and awareness of its importance.
The functionality of interactive digital platforms in online teaching and learning
Authors: Novaković Aleksandar
Published: June 2021

This paper looks at the functionality of three interactive digital platforms for creating a virtual environment in online teaching and learning - Hangouts Meet, Zoom and Microsoft Teams. These platforms have started being widely used during the 2019-nCoV pandemic. On the basis of a review and comparison of their integrated functions and features, as well as of observations made in the course of their parallel use during the spring semester of 2019/20 at the Department of the Serbian language of the Faculty of Philosophy in Niš, the author has established that these platforms have the same general characteristics, while differences exist in the area of integrated functions that can be used by teachers and students. Taking into consideration this segment of the analysis, the author concludes that the interactive digital platforms Zoom and Microsoft Teams are better adapted to the implementation of online instruction than Google's Hangouts Meet, as they enable screen sharing and the following of textual communication, direct sharing of sound by means of a sound card, using a chosen photograph to create an appropriate learning environment, textual communication with one or more participants of the teaching/learning process, special formatting of text in messages, the exchange of teaching/learning materials in real time and for the duration of the call, conducting short surveys within the program, and the recording of each individual lesson. However, the paper also suggests ways of increasing the functionality of all analyzed platforms by using simple add-ons and online tools. By providing a detailed overview of all integrated functions, the paper discusses the methodological implications for their more effective use in online instruction.
Company law of the twenty-first century
Authors: Vasiljević Mirko
Published: June 2021

Company law, although contractual by its nature, unlike the contract law with low depreciation rate of legal institutes and, in principle, longevity, still has a high depreciation rate and, as a rule, the short duration of its institutes. The reasons for this lie in the fact that the contract law went through "teething troubles" in the previous two centuries, which were marked by major codifications of contract law, as opposed to the company law which is a newer branch of law which was affected by such troubles to a greater extent only in the second half of the twentieth century and it will thus mark to a great extent this, twenty-first century as well. In this paper, the author seeks to predict the main directions of such development of company law in the current (twenty-first) century. It is the understanding of the author that such directions are to be marked by: further strengthening of the institutionality of the company as a legal entity and profiling of legal institutes for protection of this interest and, on that basis, strengthening the so-called system of company social responsability, not only as a policy and moral imperative, but also as a legal category; strenghtening the role of the state regulatory framework in relation to the self-regulatory one with the affirmation of economic freedoms; competition of national regulations and harmonization which is based on that; strengthening civil law institutes in relation to common law institutes in the field of continental law as appropriate to the legal tradition and culture; whithin civil law the takeover of "pure" legal institutes of the Roman or German legal tradition, where they differ, but not mixing them and thus "deteriorating" their nature; seeking the new balance in the relationship between majority capital and minority capital, which prevents the abuse of the majority and the abuse of the minority and which promotes and protects the "interest of a company" as a legal entity; finally, further promoting the principle of arbitrability of intercompany disputes so that the private law will in the choice of the forum for resolving these disputes would be more dominant (prevail) in relation to the public law one.
The new directive on an EU-wide representative action and third-party litigation funding: An opportunity for European consumers?
Authors: Piletta Massaro
Published: June 2021

After years of compensatory collective redress being left to a sort of regulatory competition among Member States, Directive 1828/2020 finally introduced an EU wide representative action scheme, aimed at strengthening the position of European consumers vis-à-vis new market dynamics such as globalisation and digitalisation. The new system, which shall run in parallel with national tools, introduces some innovations such as a cross-border action mechanism, the possibility of adopting an opt-out model and a specific regulation of third-party litigation funding in the context of collective redress. This aspect, addressed already in the 2013 Recommendation, is of particular interest, because third party funding represents a particularly powerful complement to collective redress in easing citizens' access to justice. However, the provisions introduced with Directive 1828/2020 leave some issues open. In particular, the Court's role in managing the funding agreement, with special reference to the funder's fee, and the effect of the funding agreement in case an opt-out adhesion mechanism is adopted are of paramount importance and still need to be addressed interpretatively. In this task, the comparative method will be particularly helpful in analysing the solution which Countries more familiar with third party funding, like Australia, Canada or the United States have introduced or discussed.
Accountability and transparency in civil justice: Some general remarks and a view from Croatia
Authors: Uzelac Alan
Published: June 2021

The paper analyses the notions of judicial accountability and transparency from a Croatian perspective. The prolonged transition period and the EU accession process underlined the importance of an independent but effective judicial system. The need to secure mechanisms that would enhance societal and legal accountability of judges and other judicial professionals is strongly affected by the developments in 1990's and early 2000s when new judicial elites, still influenced by past practices but protected by an overemphasized and misunderstood notion of judicial independence, created a closed professional group, a 'state within a state'. Massive inefficiency and weak systems of liability call for a new approach. While describing some typical issues encountered in Croatia, this contribution strives to lay down some elements for rethinking of judicial accountability and transparency in civil justice systems of Central and South-Eastern Europe.
The role of ex aequo et bono in ICSID arbitration
Authors: Jovanović Marko
Published: June 2021

This article examines the role of the principle of ex aequo et bono in arbitration before the International Centre for Settlement of Investment Disputes (ICSID). At the outset, the author remarks that the cases in which the application of ex aequo et bono was agreed upon by the parties are very scarce. Nevertheless, despite that scarcity, it is possible to draw some conclusions on the way in which equity was invoked by the parties and applied by the ICSID tribunals. Two scenarios are analyzed in particular: the use of ex aequo et bono as the applicable framework for dispute settlement and the reliance on ex aequo et bono in an attempt to nullify the award before an ad hoc Committee. The author concludes that the reluctance of the parties to agree on ex aequo et bono may be explained by the lack of predictability of outcomes that is inherent to this source of law. On the contrary, it might be expected that the parties will continue trying to come up with creative arguments aimed at proving the unauthorized application of ex aequo et bono by the tribunals in their attempts to annul the awards on the basis of excess of powers.
Economic performances of the tax system of Serbia
Authors: Ranđelović Saša
Published: June 2021

Impact of the tax system on economic growth depends on the level of tax burden, its structure and the parameterization of main taxes. With the acceleration of the process of transition to a market economy, since 2001, Serbia has carried out a fundamental reform of its tax system, which has undergone a number of further changes in the past two decades. Serbia's tax system generates tax revenues of about 37% of GDP, which is below the average of the European Union (EU) countries, but moderately higher than the average of comparable countries in Central and Eastern Europe (CEE) and the Western Balkans. Empirical research shows that capital taxes (corporate income tax) and labor taxes (personal income tax and contributions) have a significantly greater negative impact on economic growth than consumption taxes (VAT, excise duties and customs duties) and property taxes. This suggests that the level of tax burden in Serbia may have a negative impact, while the structure of the tax system having a relatively positive impact on the conditions for economic growth. Harmonization of Serbia's tax system with EU rules is expected to increase the relative importance of selective consumption (Pigovian) taxes, which could create fiscal space to reduce more distorting taxes (e.g. on labor), which could yield a positive impact on the conditions for economic growth.
Criminal offenses in Sombor Police Administration practice
Authors: Dmitrašinović Saša
Published: June 2021

Criminal act of robbery is incorporated in the Criminal Law of the Republic of Serbia by the Provision 206, Chapter XXI in the field of criminal act against property. It is a special type of property crime with elements of physical violence, in which force and threats are used as a means of committing a crime. Traditionally, the category of these offenses include multiple types of robberies, extortions and blackmails. The focus of this research is on the analysis of the complex phenomenology of robbery, which is in criminal practise dominantly seen in relation to other property crimes of physical violence. Specifically, the paper dominates the appearance of this crime and other phenomenological features in the criminal practice of the Sombor Police Department. By looking at the complex phenomenology of robbery, the crucial elements of a strategy for combating property crime with elements of violence are analyzed, as well as the key issue of selecting concrete measures and actions in police work.
Predictability of working conditions as a prerequisite for effective exercise of labor rights: A review of directive (EU) 2019/1152
Authors: Kovačević Ljubinka
Published: June 2021

Employee, as a weaker (legally subordinate and economically dependent) party to the employment relationship, needs to be informed about working conditions in a timely and appropriate manner, especially in countries where the employment contract does not have to be concluded in writing. Providing information on working conditions to the employees, therefore, represents an important prerequisite for effective enjoyment of employment rights, because it allows them to properly assess their own employment status, and in the event of a labor dispute, makes it easier to prove the contractual working conditions. This can also contribute to the fairness of the competition on the market, as well as the suppression of undeclared work, because absence of an employer's written notice regarding working conditions can serve as an indicator, to the labor inspection and other relevant authorities, of violation of labor rights in a particular entreprise. Although an employer's obligation to inform workers about working conditions is regulated in detail by the Council Directive 91/533/EEC at the EU level, many workers are denied written notice, due to, amongst other things, the emergence of new forms of employment that are heavily associated with the risk of difficulty in exercising labor rights. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, which is applied to the new forms of employment, as well as to bogus self-employment seeks to overcome this risk, and, in addition to expanding the circle of persons who have to be notified, it also establishes the catalog of minimum rights of all workers. Therefore, the article critically discusses the key solutions from the new directive, pointing out the risk that such a wide circle of protected persons may deter employers from establishing employment, as well as from consistent application of relevant (labor law, social law and tax law) regulations.
Adjustment of gender identity and consequences on employment rights
Authors: Kovačević-Perić Slobodanka
Published: June 2021

The gender identity of every person represents an integral part of their personality and belong to one of the basic aspects of self-definition, dignity and freedom. A certain number of people do not identify themselves with the sex allotted to them at birth, a problem arising regarding their inner comprehension of gender (self-defining), which does not correlate to the sex. Those people are called trans people. In this paper, the author examines the position of trans people i.e. individuals of different gender identity through the prism of the realization and protection in the field of labour rights and the rights arising from employment. Trans people belong to one of the most vulnerable (most discriminated) groups within society - discrimination is most evident in case of seeking a work placement and during employment, while the key performers are the state and its institutions. It could be said that conditioning and interdependence between the legal procedure of adjustment of gender identity and medical interventions, leave the legal and life status of a transgender person in "vacuum", which leads to the situation of gender identity being the grounds for further transphobia and discrimination of transgender people in all the aspects of human rights realization. However, in the procedure of further adjustment of gender identity, a transgender person can be registered in the birth certificate register, they can change their personal documents only based on the certificate of a health institution that they have been through a psychological check-up and a year-long hormone therapy prescribed by an endocrinologist. In practice, such regulations put "on hold" the personal status of a transgender person, which leads to the discrimination of transgender people based on gender identity, especially in the phase of transition, when the changes are visible but non-compliant with the sex verified in personal documents. Therefore, it is crucial that, instead of partial amendments to certain laws, an umbrella law (lex specialis) be adopted - Law on Gender identity
Fragmentation of international law paradigm and conflict of jurisdictions of international courts with special reference to the European Court of Justice
Authors: Đajić Sanja
Published: June 2021

Fragmentation of international law can be studied from a variety of perspectives and the one chosen for this research is whether and how the conflict of jurisdictions (or other types of conflicts, in terms of interpretation or enforcement) of international judicial and quasi-judicial bodies affect the unity of international law. While the answer might seem to be too obvious to justify the question, it is still not to be too easily assumed. The second issue discussed in this paper is whether and to what extent the external authority of an international court affects the resolution of a conflict. Both issues are too grand for a single paper so the research will be focused solely on three case studies involving the European Court of Justice: Mox Plant, Kadi and Achmea cases. In all three of them the EU Court of Justice clashed with another adjudicative authority and prevailed in the first two but seems to have lost a battle in the third. The article explores the reasons for these outcomes relying inter alia on the concept of external authority of a judicial institution. These findings are coupled with discussion on how these outcomes can be assessed from the perspective of (de)fragmentation of international law.
Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect
Authors: Radosavljević Emina
Published: June 2021

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.
Is a public procesutor's investigation more effective than a judicial investigation?
Authors: Brkić Snežana
Published: June 2021

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as comparable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The search for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the somewhat longer duration of the public prosecutorial investigation.
Defence of dominant undertaking
Authors: Fišer-Šobot Sandra
Published: June 2021

Abuse of dominance is prohibited. However, exclusionary conduct of dominant undertaking may escape prohibition under Article 102 of the Treaty on the Functioning of the European Union if the dominant firm can prove that there is a justification for its actions. The subject matter of this paper is the analysis of possible defences of a dominant firm, as well as identification of theoretical and practical problems relating to the defence of dominant undertaking in the competition law of the European Union.
International conventions on the transport of goods and electronic transport documents
Authors: Divljak Drago
Published: June 2021

The regulatory approach of international conventions on the transport of goods regarding some important issues in the field of electronic transport documents, such as the legal recognition of electronic transport documents, their functions and legal force makes the subject of analysis in this paper. The overall reach and limitations of the relevant convention rules are also included in the analysis. Conventions in the field of transport of goods, neither conceptually nor in terms of important issues, do not approach the problem of legal regulation of electronic transport documents in the same manner. While some conventions try to approach this problem systematically, in some branches of transport, the conventions are still applicable which, with their content, only implicitly enable the use of electronic transport documents. Regarding the completeness of the regulation of this matter, the Rotterdam Rules and the Additional Protocol to the CMR Convention stand out, but they differ in terms of the adequacy of regulation and final reach. The Rotterdam Rules, despite a very ambitious approach, have failed to adequately resolve the most challenging issue of this entire matter, which is the effective accomplishing of the subject matter-legal functions of a portable electronic record, which greatly reduced its ultimate reach. On the other hand, the Additional Protocol established a completely satisfactory legal foundations for the application of electronic transport documents in road transport.
Serbian press in the Habsburg Monarchy on the codification of law in the Principality of Serbia
Authors: Drakić Gordana , Stanković Uroš
Published: June 2021

The paper sheds light on the articles of Serbian press from Habsburg Monarchy related to the codification of law in Serbia. The authors shall discuss the columns of Serbska novina (Magazin za knjižestvo, hudožestvo i modu), Serbske narodne novine, Srbski dnevnik, Svetovid, Srbobran and Napredak in relation with the long way paths to the introduction of civil, criminal and commercial code, as well as codes of civil and criminal procedure for the Principality of Serbia. The trueness of the news shall be subject to examination, and the necessary explanations on the unclear spots of the newspaper articles shall be provided.
Tensile stress-strain analysis of resistance spot weld using non-linear FEM with experimental verification
Authors: Mohd Nazri , Wan Emri , Manurung Yupiter , Stoschka Micheal , Suhaimi Muhammad , Rusli Ahmad
Published: June 2021

This research presents an investigation on stress-strain behavior induced by resistance spot weld followed by tensile shear test. The spot weld is modeled according to standardized dimension for tensile test with main material properties of Cu as electrode and low carbon steel S235 as plates with 1mm thickness which include electric conductivity, resistivity and heat transfer coefficient for solid body as well as a contact interface. The FEM simulation is conducted using the process parameter of current between 6,000 A to 15,000 A, force at 5,000 N and different stages of time following the welding process and tensile test which is carried out after releasing both of the electrodes and material reaches the initial temperature with contact clamp velocity of 5mm/min. To ensure the glued elements between the plates, subroutine in MSC Marc/Mentat is used in the simulation with defined temperature. The outcome of simulation results will be verified with series of experiments. It is expected that simulation will give good agreement compared to experimental analysis within acceptable range of error.
Comparative HAZ softening analysis of three different automotive aluminium alloys by physical simulation
Authors: Pratap Singh , Kovácsb Judit
Published: June 2021

The development of high strength aluminium alloy has revolutionized the automotive industry with innovative manufacturing and technological process to provide high-performance components, weight reduction and also diversified the application field and design consideration for the automotive parts that work under severe conditions, but the selection of proper production parameters is most challenging task to get excellent results. Growing industrial demand of aluminium alloys led to the development of new welding technologies, processes and studies of various parameters effects for its intended purposes. The microstructural changes lead to loss of hardening and thereby mechanical strength in the HAZ welded joint even though the base materials are heat treatable and precipitation hardened. So, our goal is to analyse HAZ softening and analyse the sub-zones as a function of the parameter. In this paper, the influence of weld heat cycle on the heat-affected zone (HAZ) is physically simulated for Tungsten Inert Gas Welding (TIG) using Gleeble 3500 thermomechanical simulator for three different automotive aluminium alloy (AA5754-H22, AA6082-T6 & AA7075-T6) plate of 1 mm thickness. In order to simulate the sub-zones of the heat-affected zone, samples were heated to four different HAZ peak temperatures (550 °C, 440 °C, 380 °C and 280 °C), two linear heat input (100 J/mm and 200 J/mm) by the application of Rykalin 2D model. A series of experiments were performed to understand the behaviour, which make it possible to measure the objective data on the basis of the obtained image of the aluminium alloys tested with heat-affected zone tests in a Gleeble 3500 physical simulator. The main objective is to achieve the weldability of three different automotive aluminium alloys and their comparison based on the welding parameters like heat input. Further, the investigation of HAZ softening and microstructure of the specimens were tested and analysed using Vicker's hardness test and optical microscope respectively. The paper focuses on HAZ softening analysis of different grades of aluminium alloys for automotive application.
A Sociological Analysis of the Destructive Motivation of Public Servants: Causes and Avoidance
Authors: Vasilieva Alena Aleksandrovna , Borisov Alexander Fedoseevich , Narozhnaia Diana Anatolievna , Kyrtyak Ivan Vladimirovich , Vorontsov Yaroslav Alekseevich
Published: June 2021

The article deals with a study of the destructive motivation of public servants on the example of the Republic of Sakha (Yakutia). The study was conducted from 2015 to 2018. The purpose of study was to determine what factors are demotivating for civil servants. The research method was the questionnaire method based on a stratified quota sample. It has been proven that this type of motivation in governmental bodies is primarily caused by the employees’ disappointment in expectations. Public service is attractive mainly due to the stability of employment and the high social status of an official. However, public servants have to deal with a lack of real power, a high level of stress, and work intensity. Also, the respondents consider their income as inadequate to their work and social status. As a result, employees tend to minimize their labor costs, and destructive motivation appears. The practice of personnel management applies several measures to eliminate this phenomenon, but not all of them can be implemented for the public service. The authors regard the following means as the most effective ones, namely: the improvement of labor organization, the automatization of routine operations, personal responsibility increase, and the development of decision-making discretion.
An Analysis of Ibn-Khaldun’s Theory in light of Covid-19 Pandemic
Authors: Alameri Mohammed Musallem Binham , AL-Tkhayneh Khawlah M.
Published: June 2021

This argumentative paper presents a new perspective on Ibn-khaldun’s theory of social change in light of Covid-19. It argues that when examining the theory, it can be found that it makes an association between social change and natural factors, such as epidemics and human factors, such as government changes. The target theory which is explored in this study is the cyclical theory of Ibn-khaldun. This study adopts the former theory in order to analyze the effects of Covid-19 on the Arab-Islamic society, and how this theory was able to predict many of the current events and possible future events using social and historical approaches. The paper consists of four parts as follows: First, an overview of Ibn-khaldun’s theory of social change and its philosophy is provided. Second, the role of human factors in social change according to Ibn-khaldun is explored. Third, natural factors affecting social change according to Ibn-khaldun are discussed. Finally, the impact of Covid-19 on our way of life in relation to Ibn-khaldun’s theory of social change is examined.
Criminological Outlook of Overcoming Disproportionate Punishment in Environmental Crimes
Authors: Ali Mahrus , Tahir Ach , Faisal  , Irnawati  , Pujiyono  , Arief Barda Nawawi
Published: June 2021

Criminal determination in a number of environmental offenses still raises excessive criminal threats. The weight of a criminal for offense committed due to negligence is even more severe than the weight of the criminal for deliberate offense which causes death. Criminal weights can also not be compared in weight to offenses that have the same level of seriousness. In the Law reviewed, the criminal threat in some formal offenses is more severe than in material offenses so that it violates the principle of proportionality. Excessive crimes can be overcome through ranking offenses based on their seriousness which refers to the four models of criminalization based on environmental losses. The serious environmental pollution model places the most serious offense ranking, followed by the concrete harm model, then the concrete endangerment, and finally the abstract endangerment. After the ranking of environmental offenses is compiled, the criminal weight is determined. Spacing of penalties between the offense groups to another also needs to be determined.
Implementation of the Constitutional Court Decision Regarding the Execution of Fiduciary Guarantees and Inclusion of Default Clauses in Indonesia
Authors: Badriyah Siti Malikhatun , Suharto R. , Marjo  , Saraswati Retno , Wafi Muhammad Shafiyuddin
Published: June 2021

The existence of the Constitutional Court Decision Number 18/PUU-XVII/2019, made problems in society related to the implementation of the fiduciary guarantee execution. This study aims to determine and analyze the implementation of the Constitutional Court Decision Number 18/PUU-XVII/2019. The research method used is normative juridical by conducting document studies of legal principles, legal regulations and legal norms in Indonesia and interviews with civil law experts. The results showed that the decision of the Constitutional Court Number 18/PUU-XVII/2019, caused disagreements in its implementation. Prior to the Constitutional Court Decision, the execution of the Fiduciary Guarantee was based on the Fiduciary Guarantee Law, if the debtor in default, the Fiduciary Recipient can execute on the basis of the fiduciary recipient's own power to sell the object of fiduciary security, but with a Constitutional Court Decision it must go through a court. This creates confusion for creditors and is against the principle of material security. This is detrimental to creditors, because creditors cannot immediately sell their own fiduciary collateral objects if the debtor defaults. This phenomenon can lead to a lack of legal certainty and legal protection for fiduciary recipients and contradicts the nature of fiduciary guarantees which should have strong guarantee rights and are easy to implement.
Justice Sector Corruption: Will Indonesia Neutralize it?
Authors: Idy Muhammad Yunus , Sahabuddin Andi Arfan
Published: June 2021

Background: Though there are vigorous efforts made to fight corruption attitude and behavior, in Indonesia the judiciary sector is still characterized by the existence of rampant widespread corruption acts of crime. For instance, there are many judges who have been caught being bribed across the country. From the available data, of the 19 judges at the Corruption Eradication Commission, 53% are those who make up the Corruption Adhoc judges, while the remaining 47% are career judges.
Objective: This research was conducted to determine the corrupt behavior of judges in relation to carrying out their duties and authority in upholding justice.
Method: The study applied a normative juridical research method, which established that corruption behavior exhibited by judges in handling cases is still prone to criminal acts of corruption, is detrimental to justice seekers.
Conclusion: Thus, the judge's corrupt behavior as the foremost law enforcer can be prevented as early as possible, if justice is to be upheld at a national level.
Legal Protection of Indonesian Migrant Workers: International Law, National Regulations and Contemporary Problems
Authors: Hartono Darminto , Samsuria Indranila Kustarini
Published: June 2021

The research aims to focus on how to conduct an investigation of the regulations for the protections of Indonesian Migrant Workers (IMW) and what efforts are needed by the Indonesian government in addressing the problems for application of regulation. The method uses descriptive research with a qualitative approach through the normative juridical method and data analysis method. With the revised regulation videlicet Law No 18 of 2017, the Indonesian government will not only serve applicant of Indonesian migrant workers but also to their families. Furthermore, it will improve the quality of migrant workers along with protecting and providing safety for their families. The findings showed that Indonesian migrant workers as a legal subject have the rights to be protected and to oblige the requirements which is set by the Indonesian government as sending state and the government of destination state. Legal protection of Indonesian migrant workers in overseas required binding protection which is provided by the state.
Implications of Legal Positivism on Cybercrime Law Enforcement in Indonesia in the Case of the Hacking of the Mojokerto City Government Website
Authors: Sukirno  , Lisdiyono Edy , Mulyani Sri
Published: June 2021

The existence of legal positivism that prioritizes legal certainty is expected to resolve various cybercrime criminal cases. One of them happened in the case of the Mojokerto City Government site hacking. The case has troubled the community, especially the city government of Mojokerto. The research method uses normative juridical research with a legal approach, concepts and collects primary legal materials in hacking rules and information technology in cybercrime crime. The study results found that the existence of legal positivism in the crime of cybercrime positions the law as statutory regulation and law as an order containing sanctions. In-Law No. 19 of 2016 concerning amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions contains orders and prohibited actions. The actions taken by the suspect are deemed unfair if there are no sanctions or punishments because, according to legal positivism, justice that is legality (statutory regulation) is justice that prioritizes legal certainty. The law in force in article 46 paragraph 3 of Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions must be imposed on the suspect in the Mojokerto City government website hacking case.
The Effectiveness of Gratification Arrangements as Part of Corruption Crimes in Indonesia: A Theoretical Study in Talcott Parsons Perspective
Authors: Asmara Teddy
Published: June 2021

This research aims to examine the crime of gratification as part of the criminal act of corruption, which will be seen in Talcott Parson's perspective. Corruption today is a problem for developing countries and has become a world problem that requires integral and transnational handling. One of the most disclosed forms of corruption today is corruption in the form of gratuities. This research method uses normative juridical research with the approach of laws, concepts, and principles and collects primary legal material in the form of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The results of this study found that the Cybernetics Theory, which Talcott Parsons coined, views the problem of alleged gratification as being strongly influenced by the economic sub-system, this is because a decision that is made has a significant impact on anyone, so it is not surprising if there is a lot of price bargaining. Moreover, the least impact is the cultural sub-system because this sub-system is only the economic sub-system's impact.
Social Changes of Traditional Rules in Facing Contemporary Developments: A Sociological Study of Intercaste Marriagein Balinese Society
Authors: Sadnyini Ida Ayu , Gorda A.A.A. Ngurah Tini Rusmini
Published: June 2021

Nowadays, it is important to examine the impetus for changes of traditional rules in facing contemporary developments and in this regard, this study took a private subject of rules on inter-caste marriage in the Balinese Hindu community. In this context, this study aims to investigate how the inter-caste marriage system is run as an effort to bridge traditional values and modern values based on legal equality and citizenship by taking Balinese society. This research is empirical research with a historical approach with the object of the research is inter-caste marriages. The results showed that the development of inter-caste marriage rules in the monarchy period was derived from Hindu law. The rules on inter-caste marriage during the colonial period can be found in the Peswara and after the independence, the inter-caste marriage is regulated in the Decree of House of Representative of Bali Province, Bhisama Sabha Pandita, and the Decree of MDP Bali. The Hindu community still maintains the sanctions against inter-caste marriage because of their adherence to the customary law of the traditional village.
Fulfillment of Child Refugee Rights in Indonesia and Regulatory Implementation Regarding the Handling of Foreign Refugees
Authors: Suharti Titik
Published: June 2021

The purpose of this paper is to find out how the implementation of the regulation on the fulfillment of children's refugee rights in Indonesia. This research uses the normative legal research method and the legislative approach. The results showed that the existing regulations have not sufficiently fulfilled the rights of child refugees because it does not regulate in detail the fulfillment of the rights specifically possessed by a child. For instance, the Presidential Regulation only concerns the discovery, holding, security, and supervision of refugees while at the refugee camp. The conclusion obtained is the need for additional rules regarding the operational standards for handling refugees that regulate what things can be done and prohibited by refugees while in shelters. This is closely related to the guarantee of refugee rights by Indonesia including child refugees.
Indonesia's Role in Fulfilling the Right to Education Elementary and Intermediate in Border Areas
Authors: Itasari Endah Rantau , Mangku Dewa Gede Sudika , Yuliartini Ni Putu Rai , Purwendah Elly Kristiani , Yustitianingtyas Levina , Harjiyatni Francisca Romana , Wirawan I Gusti Made Arya Suta
Published: June 2021

The role of the state in carrying out educational development and in order to fulfill the right to education, especially primary and secondary education in border areas must be further enhanced. The state must be present among school-age children in border areas by manifesting itself in the form of appropriate and representative school buildings. The state must exist in the form of adequate educational support facilities. The state must be present in the form of teachers and education personnel who are sufficient in number and have competence. The state must be present in the form of budget politics that supports education development in border areas. The state must also be present in a curriculum that suits the needs of school-age children in border areas as well as enhances their national insight.
Legal Reconstruction of State Institutionalities of State Commissions to Suppress the Potential of Institutional Authority Dispute
Authors: Hakim Lukman
Published: June 2021

The main problem of this research triggers by the fact that Indonesia fundamental constitutional system changed into the 1945 Constitution. The changes affected the structure and structural mechanism of state institutions. The main purpose of this study is to analyze the philosophical question of the basic root formed in the 1945 Constitution as a new constitution of Indonesia. Regarding the organization and institution of the state can be started by questioning the essence of power that is institutionalized or organized into the state. The results showed that it is also important to know how the principle of popular sovereignty is reflected in the structure and mechanisms of state and government institutions that guarantee the establishment of the legal system and the functioning of the democratic system. At the theory level in terms of state institutions, with the various state commissions, how the principle of popular sovereignty is organized into institutional functions can be patterned into state institutions that are equal and mutually balanced in forms of checks and balances. From a normative perspective, the sources of state institutional authority can be used as a reference in the structuring of state institutions by considering shifts and the development of state administration, especially with the state commissions that occurred after changes to the 1945 Constitution.
Application of Ultimum Remedium Principles in Progressive Law Perspective
Authors: Abdurrachman Hamidah , Hamzani Achmad Irwan , Sudewo Fajar Ari , Aravik Havis , Khasanah Nur
Published: June 2021

Ultimum remedium is one of the principles contained in Indonesian criminal law which says that criminal law should be made a final effort in the case of law enforcement. However, law enforcement through the criminal justice system is currently still dominated by the positivism mindset, a way of (criminal) law enforcement which is only based on laws and regulations. In many cases, Criminal Law is used as the only way of order. The purpose of this research is to describe the concept of Ultimum remedium in criminal law, criminal law enforcement practices in Indonesia, and criminal law enforcement concepts in the progressive law paradigm. This research used a philosophical approach discussing law enforcement idealism in the future. The data used were the qualitatively analyzed secondary data. The research results showed that the Ultimum remedium principle has not been completely implemented in law enforcement. Consequently, the burden for crime settlements got bigger and made the law enforcers busier. The Ultimum remedium principle is supported by various considering bases or grounds from the constitutional law aspect, political science, criminal law, and humanism consideration or human rights. Law enforcement in Indonesia was viewed as stagnant and discriminative law enforcement. It was illustrated as a spider web that can only trap the weak but will be easily torn by the rich and strong. Factors inhibiting law enforcement in Indonesia include weak political will and political action of the state leaders to make law as the commander. The regulations and laws reflect the political interests of authorities more than those of the society. Thus, criminal law enforcement is greatly necessary for the progressive law paradigm. Progressivity is greatly required in law enforcement. Progressive law departs from the humanistic perspective. Thinking progressively means having the courage to get out from the law absolutism thinking mainstream and positioning law in the relative position located in the entire humanistic problems.
Learning in Online Communities: Behavioral Strategies of the Users of Educational Social Networks
Authors: Sergeev Aleksei N.
Published: June 2021

The article deals with the results of a study on users’ behavioral strategies in educational social networks as Internet platforms for the communities of students and teachers who collaborate to solve educational problems. According to the analysis of the students and teachers’ activity on the educational social network of the Volgograd State Socio-Pedagogical University, the author has determined the groups of users with similar behavioral strategies, namely: community organizers, activists for communication and document exchange, educational assignment performers, information consumers, and inactive users. The author provides generalized portraits of each group, their numerical composition, as well as comparative characteristics in relation to other groups. The manuscript concludes that the presented groups reveal typical behavioral strategies of the users of educational social networks, which further development of educational platform tools, as well as pedagogical technologies based on their implementation should consider.