bluuebunny/crossref_metadata_2025 huggingface dataset:
Court of Justice of the European Union and Ukrainian Legal Order: Some Pre-accession Considerations
Authors: Haletska Nataliya , Savchuk Anastasiia
Published: January 2024

As the European Union candidate country (hereinafter the EU), Ukraine is one step away from becoming an EU Member State. From this point on, the country will be subject to the influence of EU institutions, including the Court of Justice of the European Union (hereinafter the CJEU). It is suggested that upon the accession of Ukraine, the CJEU’s impact will be comparable to the influence on legal orders of other EU Members States provided necessary preparatory steps, such as training for judges, are taken. It is established that the main functions of the CJEU are to interpret and ensure the uniform application of EU law in each EU Member State, to ensure compliance with EU law by EU countries and institutions, to ensure respect for the rights and freedoms of individuals, to provide clarifications to national courts, and to promote “positive integration” and “negative integration” of EU Member States. With respect to the above-mentioned functions, it is argued that the CJEU will become an effective tool for Ukraine after it accedes to the EU. It will facilitate the harmonization of national legislation with EU standards through the application of precedents by national courts, influence the activities of legislative bodies, and help prevent future complaints by becoming an additional “quasi-supervisory” body in Ukraine. It will also provide interpretation of the EU law at the request of national courts through the preliminary rulings and procedures, protecting human rights and freedoms by enabling individuals to apply to the CJEU for protection. At the same time, arguably, Ukraine will also impact the functioning of the CJEU by increasing the caseload and appointing judges from Ukraine as well as potentially Advocate-General. Given these potential implications, certain preparatory actions, like preparing a cadre reserve, may be considered at the present moment. Finally, the authors argue that even before Ukraine’s accession, the CJEU has an indirect impact on the Ukrainian legal order. It is suggested that constitutional amendments, as well as certain institutional changes like the establishment of an impartial judicial system and empowering a Ukrainian state body with powers to execute CJEU decisions, will need to take place prior to the accession, which is a demonstration of the CJEU’s indirect influence.
Energy Exchange, Association Agreement with the European Union and Legal Challenges for the Georgian Energy Law
Authors: Partsvania Maka , Gegenava Dimitry
Published: January 2024

Georgia signed an Association Agreement with the European Union in 2014, and this launched a process of approximation and harmonization with EU law. Energy law is one of the most important areas, which has to be developed and modified in accordance with the EU directives, regulations and rules of the Energy Community. Georgia took responsibility for establishing the energy exchange system and reorganizing the Georgian electricity market on a new model. In fact, these issues have not been studied, as they require, on the one hand, a very in-depth, practical knowledge of the issue and, on the other hand, erudition in the issues of legal approximation and information about the obligations assumed by the association agreement. The purpose of the article is to review the legislative regulations on the Georgian electricity market, the legal framework that defines the main principles of the market, the basis of operation, and sociopolitical and legal mechanisms of market stability. In the article, special attention will be paid to the status of the energy exchange in Georgia, its concept, its legal basis, problematic issues related to its implementation, and the future perspective. As a result of the analysis of the issues, based on the evaluation of the existing problems, the necessary legal ways of the development of energy law and the mechanisms promoting harmonization with the laws of the European Union are determined.
Economically optimum sulphur dose determination under middle Gujarat conditions for summer cluster bean (Cyamopsis tetragonoloba (L.) Taub) production
Authors: Patel S. D. , Motaka G. N. , Chauhan Zalak
Published: January 2024

During the summer of 2020, on farm evaluation was carried out on the College Agronomy Farm of Anand Agricultural University, Gujarat. A significant effect of sulphur fertilizer was observed in raising crop yields of cluster bean. The ideal sulphur dose for maximizing yield and making a profit over fertilizer cost was obtained using a quadratic model of the connection between cluster bean seed yield and the sulphur dose applied. Using information from field trials conducted in 2020, the ideal sulphur dose in cluster bean cultivation under middle Gujarat conditions was determined. For cluster bean, the economically ideal sulphur dose was discovered to be 43.63 kg/ha under middle Gujarat conditions in 2020. When sulphur was over-fertilized for maximum production, the seed yield was nearly identical, even at the physical and economic optimum dose of sulphur, resulting in a 1.55 kg/ha reduction in sulphur use.
Evaluation of various substrates for mass production and shelf life of Trichoderma asperellum
Authors: Kamboj Rubal , Yadav Saroj , Patil J. A. , Pal Ajay , Kumar Rohit
Published: January 2024

Trichoderma species, which belong to the genus Trichoderma and the order Hypocreales within the Ascomycota phylum, are highly promising bio-control agents. They are commonly present in natural soil, decaying organic plant matter, and wood, demonstrating remarkable efficacy in combating various plant diseases, including those caused by parasitic nematodes. Being imperfect fungi, the formulation and shelf-life of Trichoderma species play vital roles in ensuring their successful utilization in commercial applications. The present study aimed to assess different substrates for mass production and shelf-life of two Trichoderma asperellum isolates, FbMi4 and FbMi6. The initial spore count of T. asperellum FbMi4 at three concentrations (30, 40, and 50 ml/100 g carrier) on the first day were 226×106, 255×106, and 291×106 spores/ml, respectively. Over a storage period of 60 days, the spore populations gradually decreased to 149×106, 169×106, and 192×106 spores/ml, with reductions in viability of 14.9%, 14.2%, and 14.6% for the respective concentrations. The study also found similar trends in T. asperellum FbMi6 and sorghum grains talc-based formulations. Neem cake, an organic amendment, outperformed potato dextrose broth in producing spores, even after 45 days of storage. Remarkably, the formulated solutions maintained a substantial number of viable spores for up to 60 days, indicating their potential for extended shelf-life and storage. These findings emphasize the significance of selecting appropriate substrates to achieve mass production and long-term viability of Trichoderma as an effective bio-control agent against various plant diseases, including those caused by parasitic nematodes.
Variability in diamondback moth larval abundance: A seasonal and geographic perspective
Authors: Zahoor Sobiya , Pathania S. S. , Hussain Barkat , Malik Ajaz A , Ayoub Liyaqat , Ali Iqra , Anees Mehreen , Kishore Gayathri
Published: January 2024

Jammu and Kashmir supports a flourishing vegetable cultivation sector, with cruciferous vegetables playing a vital role in the regional economy and dietary habits. In the year 2022, an experiment was conducted to monitor the population dynamics of diamondback moth larvae at different locations in the region during the Kharif and Rabi seasons. Our findings revealed that during the Kharif season, the larval population commenced its rise from mid-May and peaked towards the end of June to early July. In contrast, during the Rabi season, larval activity began in September, with the maximum population observed in early to mid-October. Furthermore, correlation studies revealed intriguing relationships between weather parameters and larval population dynamics. In the Kharif season, maximum temperature exhibited a positive and non-significant correlation with the larval population, while in the Rabi season; it displayed a negative and non-significant correlation. Conversely, minimum temperature showed a positive and highly significant correlation during Kharif but a negative and non-significant correlation during Rabi season. Rainfall and morning relative humidity displayed positive and non-significant correlations in both seasons, while the evening relative humidity exhibited negative and non-significant correlations. These insights enhance our understanding of the seasonal patterns of diamondback moth infestations in cruciferous vegetable crops in Jammu and Kashmir, providing valuable information for the development of effective pest management strategies and crop protection measures in the region.
Response of fertilizer and planting time on yield and economics of Zucchini (Cucurbita pepo) in Assam condition
Authors: Mohanty Masoom , Kachari Manisha , Phookan Deepa Borbora , Borah Nilay
Published: January 2024

In the agricultural sector, the vitally important factors to achieve higher production in a crop are fertilizer management and planting time. To maintain healthy plant growth and to boost crop production and productivity, fertilizer application, and planting dates have a pivotal role in the present scenario of climate change. However, the effect of fertilizer and planting dates on zucchini in agro-climatic conditions of Assam has not been properly studied. So, during the year 2019-20, it was assessed in the Experimental Farm, Department of Horticulture, Assam Agricultural University, Jorhat. Four fertilizer treatments 45: 48: 48 kg NPK/ha, 60: 64: 64 kg NPK/ha, 75: 80: 80 kg NPK/ha and keeping one treatment as control with three planting dates 1st December, 15th December, 1st January was imposed in twelve treatment combinations. The zucchini seedlings were planted at a 60 cm x 60 cm distance in a plot size of 3.24 m2 in a split-plot design. During the growing period, the diameter of fruit, length of fruit, weight of fruit, number of days to opening of flower to harvest, number of days to first harvest, number of days to last harvest, number of harvests, number of fruits per plant and fruit yield per plant/ plot/ hectare were recorded. From this trial, it is concluded that early planting and maximum fertilizer dose were better in terms of the above physical and yield attributes. Therefore, based on the findings of the experiment, it is hereby inferred that planting of zucchini on the 15th of December with a fertilizer dose of 75: 80: 80 kg NPK/ha showed the best result with maximum yield (82.59 t) per hectare area with (3.46) B:C ratio in Assam growth condition.
Determination of LD50 dose for ethyl methane sulphonate induced mutagenesis in Bhagwa Pomegranate
Authors: Rawat Mandeep , Singh V. P. , Verma S. K. , Rai Ratna , Srivastava Ranjan
Published: January 2024

Mutation breeding utilizes both chemical and physical mutagens for inducing variability among existing genotypes. In mutation breeding, the estimation of LD50 is the initial step to finding the optimal dose to determine the best dose to produce a better revival of mutants with little population diminution. Pomegranate is a valued fruit and has immense nutraceutical and pharmaceutical properties. Its hardy nature, low maintenance, wider adaptability, high yield with better keeping quality, and better remuneration make it the choicest fruit to be grown in non-traditional areas in Uttarakhand. Pomegranate cv. Bhagwa is a high yielding variety, soft seeded, and have attractive aril colour. In the current experiment, mutagenesis was performed on hardwood cuttings of ‘Bhagwa’ pomegranate using alkylating agent Ethyl methane sulphonate (EMS). A total of 7 different treatments ranging from 25 mM to 150 mM were tested against control for their efficiency in mutant generation. The results revealed that there is a gradual decrease in the survival percentage of cuttings with increasing doses of mutagenic treatments. Based on the survival percentage of the treated cuttings, the probit curve analysis determined that the LD50 dosage of EMS for hardwood cuttings for Bhagwa pomegranate was 51.82 mM. Furthermore, reduction in chlorophyll content was observed with the application of higher doses of EMS.
Early generation combining ability of maldandi restorers in rabi sorghum [Sorghum bicolor (L.) Moench]
Authors: Kariyannanavar Prashant , Wali M. C. , Biradar B. D. , Verma L. K. , Kumar N. Pavan
Published: January 2024

In this study, a reported restorer on maldandi cytoplasm DSMR 8 was used to identify combining ability in early segregating generation. A large F2 population of the cross M31-2A × DSMR 8 was raised. Among them, fifteen superior restoring plants were selected and forwarded to the F3 generation. These fifteen F3 plants were crossed to three male sterile lines having both milo and maldandi cytoplasmic sources (M31-2A, 401A, and 104A) in L × T design. Among lines, MR 4 showed significant positive gca effects for six traits. Among 45 crosses 18 recorded high sca and the remaining 27 crosses showed low sca. The crosses M 31-2A × MR 12 and M 31-2A × MR 14 showed maximum overall sca status as they were having significant positive sca effects. Out of 15 lines, only five lines viz., MR 4, MR 12, MR 1, MR 13, and MR 2 could be forwarded to the next generation as these lines were transgressive seggregants for combining ability because of good gca and better per se performance when crossed to maldandi cytoplasm.
Impact of Corporate Social Responsibility on Firm Reputation and Financial Performance: The Moderating Role of Servant Leadership
Authors: Ahmadzai Ahmad Nabi , Ahmad Faizan , Imran Muhammad , Zamani Muhibullah
Published: January 2024

This study investigates the influence of corporate social responsibility (CSR) on firm reputation and financial performance within Afghanistan's banking industry, utilizing the frameworks of stakeholder theory and contingency theory. To gauge the perceptions of CSR, reputation, and performance among a sample of 200 employees from both private and public banks, a questionnaire survey was administered. The collected data was subjected to quantitative analysis. The findings reveal that socially responsible actions undertaken by bank employees exert a significant and positive impact on the bank's reputation and financial performance. Moreover, the study demonstrates that the relationship between CSR and financial performance, as well as CSR and firm reputation, is moderated by servant leadership. These results highlight how businesses that actively participate in social activities and adopt a servant leadership style can enhance their public image and financial performance.
Keywords: Corporate Social Responsibility, Firm Reputation, Firm Financial Performance, Servant Leadership, Banking sector.
The Effects of Brand Image and Brand Trust on Patients Satisfaction: An Application of Private Hospitals in Dhaka City of Bangladesh
Authors: Khanom Fahima , Jan Muhammad Tahir
Published: January 2024

This study examines the effects of brand image and trust on patients’ satisfaction with private hospitals in Dhaka, Bangladesh. This study is a Quantitative research. For collecting the data, the sample size is 359 patients selected via purposive sampling sing survey questionnaires on eight top-listed branded private hospitals in Dhaka. For analysing the goals, multiple data analysis methods were performed, such as demographic analysis, descriptive analyses, and reliability tests via SPSS, while correlation and hypothesis tests were performed using CFA and SEM with AMOS software. The results of this study show higher reliability for both brand image and brand trust, which indicate a positive relationship with patients’ satisfaction. Through enhancing private hospitals' brand image, brand trust can be applied to assist a positive image and establish marketing tactics to continue existing and appeal to new patients to create a profitable business. Furthermore, in confirming academic results from this study, policymakers should value brand image and brand trust marketing as they can advance the private hospital’s business globally.
Keywords: Patient Satisfaction, Hospitals Brand Image, Hospital Brand Trust.
ДОСЛІДЖЕННЯ ВПЛИВНИХ ПАРАМЕТРІВ НА ЕНЕРГОЕФЕКТИВНІСТЬ ГАЗОТРАНСПОРТНИХ ПІДПРИЄМСТВ
Authors: КОСТЮК Олег , БУБЕЛА Тетяна
Published: January 2024

У зв’язку з посиленням законодавчих, державних та міжнародних вимог до охорони довкілля і необхідності оптимізації енергоспоживання паливно-енергетичних ресурсів в газотранспортній системі України виникла необхідність комплексного, ґрунтовного моніторингу довкілля та базової лінії енергоспоживання виробничих об’єктів газотранспортної системи України, як об’єкта критичної інфраструктури. Стабільне функціонування енергетичних об’єктів є запорукою сталого розвитку всієї економіки країни. Тож є гостра необхідність оптимізації енергоспоживання паливно-енергетичних ресурсів в газотранспортній системі України з подальшим створенням комплексної системи моніторингу довкілля та базової лінії енергоспоживання виробничих об’єктів газотранспортної системи України. Управлінню та прогнозуванню енергоефективності повинні передувати експериментальні дослідження, на основі яких можна в подальшому створювати прогностичні моделі [1], що є новим науковим підґрунтям оптимізування систем енергетичного менеджменту (відповідно до ISO 50001) та екологічного управління (відповідно до ISO 14001). З цією метою було здійснено дослідження виливних параметрів на споживання енергоресурсів (природний газ, електроенергія, теплова енергія) на забезпечення ефективнішого обслуговування будiвель, споруд та технологічного обладнання на прикладі Дашавського газосховища.
Obesity and Arterial Hypertension in Children: Systematic Review
Authors: Valladares D. León
Published: January 2024

Overweight, obesity, and arterial hypertension in children have become a serious and growing public health problem in this group. However, there is a lack of updated data to determine whether these conditions correlate. This systematic review was designed and developed following the “Preferred Reporting Items in Systematic Reviews and Meta-Analyses” (PRISMA) statement, performed through a bibliographic search in the SciELO (Scientific Electronic Library Online), MEDLINE (National Library of Medicine), and LILACS (Latin American and Caribbean Health Sciences Literature) databases. Finally, 7 studies were included in the quantitative analysis based on 5,364 subjects considered, and 14 studies were used for the qualitative analysis contributing to the discussion on the investigated topic. The presence of pre-AHT and early-stage AHT was high in all the studies, mostly in overweight and obese children, which, through the results, demonstrate that these values and the increase in BP are closely related to the increase in BMI (SciELO Scientific Electronic Library Online), MEDLINE (National Library of Medicine); LILACS (Latin American and Caribbean Health Sciences Literature). Overweight and obesity in children contribute to a serious health problem. Being necessary to verify the opinions of the authors in recent years in relation to the relationship between these variables and the presence of hypertension in children. A systematic review was designed following the statement "Preferred Reporting Items in Systematic Reviews and Meta-Analyses" (PRISMA). A search was carried out in the Scielo, Google academic, PubMed, Latindex databases. Finally, 7 studies were included in the quantitative analysis based on 5,364 topics considered. Concluding that the presence of preHBP and HBP in the early stage was high in all the studies, mainly in overweight and obese children, which, through the results, demonstrates that these values and the increase in BP are closely related to the increase in BMI.
The Legislative Function of the House of Representatives to Prevent and Eradicate of Corruption
Authors: Jaidun Jaidun
Published: January 2024

The House of Representatives through its legislative function can renew or replace the existing Law on the eradication of corruption with a new Law on the prevention and eradication of corruption that is effective and radical in preventing and eradicating corruption. The establishment of laws to prevent and eradicate corruption is a mandate of the people that must be realized by the House of Representatives through the legislative function, in order to realize the welfare and intellectual life of the nation, while law enforcement officials are unable to prevent and eradicate corruption completely, due to the principle of legality and the mentality of law enforcement officials. Legally, preventing and eradicating corruption must have a legal basis that is made and stipulated by the House of Representatives together with the President. The establishment of the Law on the prevention and eradication of corruption must be able to ensnare the perpetrators (corruption) and cause a long-term deterrent effect and potential perpetrators (corruptors) who want to commit corruption crimes think long to commit corruption crimes (deterrent effect). If this legislative function is not used to form effective and radical corruption prevention and eradication laws, it will lead to public distrust of the House of Representatives. This can lead to an increase in the crime of corruption in the management of state finances.
The Paradigm of Termination of Employment Relationship Againts Worker/Labor Suspected in Criminal Action
Authors: Setiawan Peter Jeremiah , Nugraha Xavier , Tanbun Elma Putri
Published: January 2024

After the issuance of Law Number 11 of 2020 on Job Creation, several policies in Indonesia are amended, including the Manpower Law, especially regarding the termination of employment relationship on worker/labor suspected of committing a criminal action. This research is a normative legal research that uses a statutory approach and a conceptual approach. The result of this research shows that there has been a change of paradigm on the policy of termination of employment relationship against worker/labor suspected of committing a criminal action, which previously was based on the principle of presumption of guilt and became the principle of efficiency of justice. This happened since the policy on the termination of employment relationship based on the principle of presumption of guilt creates several issues, such as the lengthy period to wait for a legally binding decision, employers are unable to get a substitute worker/labor, worker/labor who has not been working in a long period will find difficulties when he returns to work.
The Authority of the Commercial Court in Bankruptcy Disputes
Authors: Gaol Royana Lumban
Published: January 2024

The purpose of this study is to find out and understand the authority of the commercial court based on the application of Law Number 37 of 2004 in resolving bankruptcy disputes. This study uses descriptive analysis research techniques supported by a normative juridical approach. The results of the study show that legal considerations in a decision must be juridical and become the basis of a decision. Court decisions must contain certain articles of the relevant regulations and unwritten legal sources that are used as the basis for adjudicating, therefore the Commercial Court Decision at the Central Jakarta District Court Number 04/Pdt.Sus-Pailit/2016/PN.Niaga.Jkt. Pst is in accordance with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.
The Urgency of Witness and Victim Protection Institutions Against Organized Crime Eradication Through the Role of Whistleblowers
Authors: Salundik Salundik
Published: January 2024

The Witness and Victim Protection Agency is an independent institution established under the law. This institution's role is vital in uncovering organized criminal acts. This writing uses a research method, namely the normative legal method. The discussion in this study will contain, among others, the regulation of LPSK in Indonesia and the protection of LPSK in eradicating organized crime. In protecting witnesses and victims as stipulated in Law No. 13 of 2006, the Witness and Victim Protection Agency still found many weaknesses that hindered the performance of the LPSK. The protection strategy of the LPSK is the existence of forms of protection carried out by the LPSK to witnesses and victims as contained in the law. The protection of witnesses and victims in the criminal justice process in Indonesia has not received a particular role, so the existence of witnesses and victims is indispensable in receiving attention
Fulfilling the Right to Have a Family and Continuing Offspring: Different Religious Marriage’s Case
Authors: Surjanti Surjanti , Yudhianto Haris , Agustina M. Sri Astuti , Dewi Retno Sari
Published: January 2024

The focus of this research is on the existence of marriage as a prerequisite for the right to have a family and continuing offspring based on an analysis of the ratio decidendi of the Constitutional Court (MK) Decision No. 24/PUU-XX/2022 (MK Decision of Different Religions 2022). This research is normative legal research prioritizing a case, concept, and statutory approach. The results of the study confirm that the existence of marriage in the ratio decidendi of the MK Decision of Different Religions 2022 places marriage in two aspects, namely: the aspect of mandatory prerequisites and the aspect of the role of state regulation. As a mandatory prerequisite, marriage is an essential aspect of realizing the right to have a family and continue offspring.The dimension of marriage as a prerequisite for the realization of the right to have a family and continue offspring in the ratio decidendi of the MK Decision of Different Religions 2022 emphasizes two aspect. First, marriage is a prerequisite and not a right, which means that marriage cannot be carried out freely and at will. Second, marriage has a close relationship with religious law, which means that in carrying out marriage as a prerequisite for the realization of the right to have a family and continue offspring, it is necessary to base the laws of each religion and the beliefs held by the community.
POLITICAL REFORM OF NATIONAL ECONOMIC LAW (Analysis of the Impact of Globalisation on National Investment Law)
Authors: Febrianto Surizki
Published: January 2024

The objective of this study is to investigate the relationship between investment law and state sovereignty, and subsequently formulate a framework for future national investment law policies aimed at promoting economic growth and safeguarding sovereignty. The present study is characterized as normative in its methodology, employing both a statutory and conceptual approach. The findings indicate that investment plays a significant role in enhancing both the economy and employment expansion. Governments globally are engaged in a competitive effort to establish an improved business climate that facilitates investment activities. However, it is imperative to restrict this endeavor and prioritize domestic capital, as evidenced by the 1966 MPRS Decree. This directive provides guidance to Indonesian policymakers that foreign investment or aid should not be disregarded for its role in developing the struggling Indonesian economy. Nevertheless, it is crucial to first rely on the potential of domestic resources as a means of generating development funds. This approach ensures that the availability of foreign funding sources does not lead to dependence on external parties. Furthermore, foreign sources of funds must be utilized for the benefit of the domestic economy.  Foreign investment in Indonesia must also be subjected to limitations in this context
Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights
Authors: Siregar Syawal Amry , Siregar Gomgom TP , Lubis Muhammad Ansori
Published: January 2024

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.
IDEAL MODEL OF ENVIRONMENTAL APPROVAL AS AN INSTRUMENT FOR POLLUTION AND ENVIRONMENTAL DAMAGE CONTROL IN SUSTAINABLE DEVELOPMENT
Authors: Adi Elizabeth Ayu Puspita , Nagara Airlangga Surya
Published: January 2024

This study is centered on the change in the arrangement of environmental permits as regulated in Law of the Republic of Indonesia Number 32/2009 concerning Environmental Protection and Management (UUPPLH) to environmental approval as regulated in Law of the Republic of Indonesia Number 11/2020 concerning Job Creation (Omnibus Law). This study aims to examine and analyze the implications of changes in environmental approval arrangements as regulated in the Omnibus Law concerning environmental licensing in the Environmental Protection and Management Law. A normative legal research method was employed in this study. The approaches used in this study included the statute approach and the conceptual approach. The results of this study confirmed the need to balance economic interests with environmental sustainability so that sustainable development can be well actualized.
The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism
Authors: Kurniawan Kukuh Dwi , Fajrin Yaris Adhial , Ishwara Ade Sathya Sanathana
Published: January 2024

The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials
The Legal Protection of Personal Data in Fintech peer-to-peer (P2P) Lending Practices: Orientation and Formulation
Authors: Khuan Hendri
Published: January 2024

In the era of digital transformation, one prominent model of Fintech is Peer-to-Peer (P2P) lending, which offers alternative financing access through digital platforms. The protection of personal data in P2P lending becomes crucial as sensitive information such as financial and credit history is collected and processed by these platforms. Data protection regulations, like GDPR, play a vital role in maintaining the balance between Fintech innovation and individual privacy rights. This research aims to discuss the legal protection of personal data within the context of Peer-to-Peer (P2P) Lending in the realm of Financial Technology (Fintech) in Indonesia. The research methodology employed is normative law, using descriptive legal analysis. Data is gathered from various sources, including legal statutes, court decisions, legal literature, and government guidelines related to Fintech and personal data protection. Qualitative analysis is conducted to identify relevant legal provisions, explain their legal implications, and formulate improvement recommendations. The research findings reveal that personal data protection within Indonesian Fintech P2P Lending is governed by a range of regulations, including the Electronic Information and Transactions Law (UU ITE), the amended UU ITE, OJK regulations, and the Ministry of Communication and Informatics regulations. Moreover, the Omnibus Law on Job Creation provides a strong foundation for the protection of consumer personal data. Key principles in personal data protection encompass transparency, explicit consent, data security, limited data usage, fair and ethical business practices, individual rights over personal data, and data integration
Implementation of the Law Regarding the Use of CCTV Cameras as Electronic Traffic Enforcement Tools in the City of Medan
Authors: Ruqoyyah Siti , Irwansyah Irwansyah
Published: January 2024

Closed Circuit Television (CCTV) is one of the surveillance tools that can work automatically 24 (twenty-four) which can be used as a tool that helps prevent crime on an object. This research uses a normative juridical approach method. The type of data in this study uses secondary data, and an empirical approach with a qualitative approach. The data sources used are documents and books. Secondary data is data obtained indirectly through literature studies of laws and regulations and publications of previous studies to add information, obtain a theoretical basis and legal basis. Data analysis is described qualitatively, by describing data in the form of sentences that are organized, logical, effective, so that it helps ease of understanding. This research results in the existence of CCTV (Closed Circuit Television) recording evidence recognized as valid evidence, reinforced by the issuance of the Electronic Information and Transactions Law, namely in Article 5 paragraph (1) and paragraph (2) of the ITE Law.
Pension Plan (JHT) by the Government in the Manpower Sector Based on the Concept of the State of Law in the City of Tangerang
Authors: Yusuf Yusmedi , Myranika Annie , Karimah Sofiatul , Fadhlillah Muhammad Rizqi
Published: January 2024

The government in the field of manpower has issued a new regulation regarding Pension Plan (JHT) for workers/laborers when they enter retirement age, experience total disability and die. In the new regulation issued by the Minister of Manpower, it has changed the application of JHT for workers to obtain the benefits of JHT payments after reaching the age of 56 (fifty six) years. JHT which is issued based on the Regulation of the Minister of Manpower of the Republic of Indonesia Number 2 of 2022 concerning Procedures and Requirements for Payment of Pension Plan Benefits, causes workers/laborers to lose their normative rights to work and a decent life in accordance with the objectives of labor law.The research method used is a normative legal research method, namely research on library materials which are basic data in science classified as secondary data. . Normative legal research serves to provide juridical arguments when there is a vacuum, ambiguity, and conflict of norms.
Development in the field of manpower is basically in accordance with the objectives of the law, namely justice, order and benefit for the welfare of workers and their families. This is done because development in the field of manpower involves harmonious industrial relations between the government, employers, and workers. In the concept of a state of law, the provision of Pension Plan (JHT) benefits, the government in the field of manpower should provide legal protection for workers/laborers.
The Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws
Authors: Priambada Bintara Sura
Published: January 2024

Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.
DYNAMICS OF ADVOCATES' IMMUNITY RIGHTS IN PROVIDING LEGAL AID IN THE INDONESIAN STATE SYSTEM
Authors: Kahar Kahar , Wulan Retno
Published: January 2024

In the era of globalization and rapid legal development, the role of lawyers in the Indonesian justice system and the administration of justice becomes increasingly crucial. However, their immunity rights often become the subject of debate within dynamics that affect the legal process. The research aims to examine the dynamics of the relationship between lawyers' immunity rights and moral obligations in the context of providing legal assistance in Indonesia and to evaluate the impact of violations of lawyers' immunity rights on the quality of legal assistance services and public trust in the legal profession in Indonesia. This research will employ a normative legal method with a focus on analyzing legal texts governing lawyers' immunity rights within the Indonesian constitutional framework. Research materials will include legal documents such as laws and regulations, with data analysis techniques involving a deep understanding of the content of legal texts. The research findings indicate that in the practice of law in Indonesia, the relationship between lawyers' immunity rights and moral obligations is highly significant. Lawyers have immunity rights that protect them in providing legal advice without external pressure, but they also have a moral obligation to uphold honesty, integrity, and client confidentiality. The influence of the legal and social environment can also affect how lawyers fulfill their moral obligations. Violations of lawyers' immunity rights in Indonesia have serious implications for the quality of legal assistance provided by lawyers and also damage public trust in the profession. Therefore, it is important for the government, professional organizations, and society to work together to ensure the protection of lawyers' immunity rights so that lawyers can carry out their duties with integrity and high trust, and the public can have faith in a fair and effective legal system. Research recommendations include efforts to enhance lawyers' understanding of the relationship between immunity rights and moral obligations, educating the public about the role of lawyers, and enforcing the law rigorously against violations of lawyers' immunity rights.
VICTIMLESS CRIMINAL ARRANGEMENTS: A REVIEW OF MORALITY CRIMES
Authors: Muhadar Nemos
Published: January 2024

Criminal law without victims is a legal concept that focuses on the restoration of social harm and the protection of societal values, rather than solely addressing individual harm. Acts of indecency involve behaviors that violate social norms without directly affecting physical or economic victims. The regulation of victimless crimes in the context of decency laws is relevant to changes in societal behavior and modern technology, but it also raises questions about the balance between protecting societal values and individual freedoms. This research aims to evaluate the regulation of victimless crimes in the context of decency laws in Indonesia and analyze the impact of implementing these regulations on modern society. The study employs normative research methods to analyze the relevant legal regulations concerning victimless crimes in the context of decency. Data will be collected through literature reviews, including online and printed legal sources, with the goal of providing valuable recommendations for policymakers and legal practitioners addressing issues related to victimless crimes in decency. The research findings highlight that in Indonesia, the regulation of victimless crimes in the context of decency includes laws aimed at preserving the morality and decency of society as a whole without requiring individual victims who feel harmed. Examples of such laws include the Pornography Law, Gambling Regulation, and Child Protection Law. While these laws protect moral values, they can also pose threats to individual freedoms, necessitating ongoing evaluation to strike the right balance. The implementation of these regulations in modern society has complex impacts, including on individual human rights, legal effectiveness, social norms, culture, and government-citizen relations. Achieving a balance between safeguarding individual human rights and regulating behavior perceived as harmful to society is crucial in the development of modern society.
Analysis of Constitutional Court Decisions Regarding the Executorial Power of Fiduciary Guarantee Certificates
Authors: Arief Anggreani
Published: January 2024

The executive power over Fiduciary Guarantee Certificates in its implementation creates many problems. According to the provisions of Article 15 section (2) and section (3) of the Fiduciary Guarantee Law, which in essence states that the Fiduciary Guarantee Certificate has the same executive power as a court decision that has obtained permanent law, if the debtor defaults, the creditor as the fiduciary recipient has the right to sell the collateral object fiduciary. The fiduciary recipients have often used the statement as an excuse to sell collateral objects unilaterally without going through proper legal procedures to the detriment of the fiduciary giver. This research aims to analyze the legal reasons of the applicant and the ratio decidendi of the Constitutional Court's Decision. The research method is normative legal research through the use of primary data and secondary data, which is analyzed in a qualitative method and shown descriptively. Based on the results of the research, as regulated in Article 15 section (2) and section (3) of the Fiduciary Guarantee Law, the content should further restrict the execution procedure so that it can be carried out under the execution mechanism of a court decision with permanent legal force. Ratio decidendi Constitutional Court Decision No. 18/PUU-XVII/2019 is given conditions for fiduciary guarantees, that implementation of the Fiduciary Guarantee Certificate must be conducted and apply the same as executing court decisions that have permanent legal force
PENGAMBILAN KEPUTUSAN PENENTUAN METODE PERHITUNGAN PPH 21 PASCA PENERAPAN UU NO 7 TAHUN 2021 : STUDI KASUS PERENCANAAN PAJAK MELALUI METODE PERHITUNGAN PPH 21 PADA PT XXX
Authors: Cindy Cindy
Published: January 2024

Tujuan dari penelitian ini adalah untuk mengkaji pengambilan keputusan penentuan metode perhitungan PPh 21 pasca pemberlakuan Undang-Undang Harmonisasi Perpajakan (UU HPP). Studi ini menggunakan pendekatan berbasis studi kasus pengambilan keputusan untuk memberikan rekomendasi dari tiga alternatif strategi perencanaan pajak, yaitu Alternatif pertama (Metode Gross Up), Alternatif kedua (Metode Gross) dan Metode ketiga (Nett).

Dalam penelitian ini, metode pengumpulan data adalah studi pustaka dan wawancara dengan pihak terkait. Data kualitatif yang terkumpul kemudian diolah dengan menggunakan metodologi deskriptif untuk menghasilkan hasil dan rekomendasi strategi perencanaan pajak yang optimal bagi PT XXX. Hasil penelitian ini diharapkan dapat memberikan wawasan dan arahan kepada PT XXX untuk mengambil keputusan perencanaan pajak pasca HPP serta meningkatkan dan mengoptimalkan kewajiban perpajakan perusahaan. Hasil penelitian ini diharapkan dapat meningkatkan pemahaman tentang perencanaan pajak dengan memberikan manfaat natura dan kenikmatan berdasarkan Undang-Undang Harmonisasi Perpajakan, serta secara positif mempromosikan PT XXX dan perusahaan lain yang menghadapi tantangan serupa.
PERAN KEPUASAN KERJA DALAM PENGARUH GAYA KEPEMIMPINAN DAN MOTIVASI KERJA TERHADAP KINERJA KARYAWAN UMKM BATAM
Authors: Fenny Fenny , Setyawan Agustinus
Published: January 2024

Penelitian ini bertujuan untuk mengetahui bagaimana gaya kepemimpinan dan motivasi kerja mempengaruhi kinerja karyawan yang dimediasi oleh kepuasan kerja pada usaha mikro kecil menengah (UMKM) di Kota Batam. Penelitian ini menggunakan pendekatan kuantitatif dan media kuisioner. Sampel yang digunakan terdiri dari 250 karyawan yang bekerja pada berbagai UMKM. Data yang telah dikumpulkan diproses dengan menggunakan metode SEM-PLS. Hasil penelitian menunjukkan bahwa gaya kepemimpinan dan motivasi kerja memiliki pengaruh positif dan signifikan terhadap kepuasan kerja. Variabel gaya kepemimpinan berpengaruh positif dan signifikan terhadap kinerja karyawan, namun motivasi kerja dan kepuasan kerja berpengaruh tidak signifikan terhadap kinerja karyawan. Variabel kepuasan kerja berpengaruh secara positif tapi tidak dapat memediasi gaya kepemimpinan dan motivasi kerja terhadap kinerja karyawan.
KEBIJAKAN DIVIDEN SEBAGAI PEMODERASI PENGARUH PROFITABILITAS & LEVERAGE TERHADAP NILAI PERUSAHAAN
Authors: Zhafira Maharani Randigarizky , Tristiarini Nila
Published: January 2024

Penelitian ini mempunyai tujuan untuk menganalisis dampak dari profitabilitas, leverage, kebijakan dividen yang memoderasi profitabilitas, serta kebijakan dividen yang memoderasi leverage pada nilai perusahaan pada perusahaan sektor energi yang terverifikasi di Bursa Efek Indonesia (BEI). Populasinya dipilih menggunakan metode purposive sampling melalui perusahaan sektor energi yang terverifikasi di BEI selama periode 2019 hingga 2022. Sebanyak 32 perusahaan diambil sebagai sampel sesuai dengan syarat yang telah ditetapkan, dengan periode pengamatan selama 4 tahun. Pendekatan penelitian ini menggunakan analisis statistik deskriptif, uji asumsi klasik, uji regresi linear berganda, uji MRA, koefisien determinasi, serta uji hipotesis. Hasil pengkajian menunjukkan bahwa secara parsial, profitabilitas berdampak signifikan pada nilai perusahaan, leverage berdampak signifikan pada nilai perusahaan, kebijakan dividen mampu memoderasi pengaruh profitabilitas pada nilai perusahaan, dan kebijakan dividen tidak memoderasi pengaruh leverage pada nilai perusahaan