bluuebunny/crossref_metadata_2025 huggingface dataset:
Opportunities and problems of digitalization of higher education
Authors: Иванова О.В. , Мороз И.Н.
Published: October 2022

Рассматриваются современное состояние развития процесса цифровизации в системе высшего образования в России и место информационно-цифровых технологий в образовательной среде университета. Выделены основные проблемы, с которыми высшие образовательные учреждения сталкиваются в процессе внедрения данных технологий: отсутствие необходимого уровня доступа к технологиям, неготовность преподавательского состава и студентов к обучению с их применением, неумение работать и учиться в режиме онлайн, низкая эффективность онлайн-обучения и недостаточно высокий уровень качества онлайн-курсов. Представлены результаты опроса студентов, отражающие основные проблемы процесса цифровизации.

The article examines the current state of development of the digitalization process in the higher education system in Russia and the place of information and digital technologies in the educational environment of the university. The main problems that higher educational institutions face in the process of implementing these technologies are highlighted: the lack of the necessary level of access to technologies, the unavailability of teaching staff and students to study with their use, the inability to work and study online, the low efficiency of online learning and the insufficiently high level of quality of online courses. The results of a survey of students reflecting the main problems of the digitalization process are presented.
Zoom Technology as a tool for learning foreign languages in the conditions of pandemia Covid-19
Authors: Сумцова О.В. , Айкина Т.Ю.
Published: October 2022

Исследование посвящено опыту одного из ведущих инженерных вузов России – Томского политехнического университета – в организации и проведении практик по дисциплине «Иностранный язык» в условиях пандемии Covid-19. Проанализированы особенности интеграции технологий дистанционного обучения в образовательный процесс. Представлены результаты опроса, проведенного среди студентов 2 курса Школы перспективных производственных технологий, направленного на выявление отношения студентов к повседневным занятиям, проводимым с помощью интернет-платформы видеоконференцсвязи ZOOM. Предлагаются практически значимые способы внедрения ZOOM в процесс преподавания иностранных языков, которые могут обеспечить преподавателей эффективными стратегиями создания продуктивной среды обучения на дистанционных занятиях.

The present research focuses on the experience of one of the leading engineering educational institutions in Russia – Tomsk Polytechnic University – in organizing and giving practices on the discipline “Foreign Language” in the force majeure circumstances provoked by the Covid-19 pandemic. The peculiarities of integrating remote learning in the educational process have been analyzed; findings of the survey conducted among 2nd year students of the School of Advanced Manufacturing Technologies aimed to reveal the students’ attitude towards day-to-day classes delivered by means of the video conferencing Internet platform ZOOM are presented. The study also suggests some beneficial ways of ZOOM implementation in foreign language teaching that could help to equip teachers with effective strategies in establishing productive learning environment in their online classes.
The influence of the level of development of emotional intelligence among students on their adaptive abilities
Authors: Черняева И.В.
Published: October 2022

Рассмотрено содержание основных понятий «интеллект», «эмоциональный интеллект». Представлен обзор научных публикаций, на основе которого выявлено влияние уровня развития эмоционального интеллекта на адаптивность студентов в условиях пандемии, их успешность в обучении и профессиональной деятельности. Приводятся результаты исследования компонентов эмоционального интеллекта у обучающихся различных направлений подготовки и форм обучения. Делаются выводы о различиях уровня сформированности эмоционального интеллекта у студентов разных групп; о необходимости целенаправленного развития эмоционального интеллекта.

The content of the basic concepts of “intelligence”, “emotional intelligence” is considered. The review of scientific publications is presented, on the basis of which the influence of the level of development of emotional intelligence on the adaptability of students in the conditions of a pandemic, their success in training and professional activity is revealed. The results of the study of the components of emotional intelligence in students of various fields of training and forms of education are presented. Conclusions are drawn about the differences in the level of formation of emotional intelligence among students of different groups; about the need for purposeful development of emotional intelligence.
Guía para la implementación de calles activas en América Latina
Authors: Aguirre Kennia , Garduño Benitez Alejandro , Cruz Javier Alonso , Robledo Curiel Ivonne Georgina , Mothelet Sandoval Iván Yetzair , González Rodríguez Diana
Published: October 2022

Las calles activas o vías recreativas son programas que transforman las calles en espacios para practicar la movilidad activa, la actividad física, la conexión social y la recreación. Esto permite que las vialidades de la ciudad tengan un uso diferente al tránsito de vehículos motorizados, al admitir que la vía pública, la cual es un espacio público, se destine a su disfrute y apropiación por medio de actividades basadas en el movimiento del cuerpo humano. Espacios como estos se generan mediante el cierre de una o varias vías a la circulación de vehículos motorizados, durante un día y horario determinados. De acuerdo con la Unidad de Nutrición de la Organización Panamericana de la Salud, estos proyectos permiten realizar 5 % de la actividad física semanal recomendada por persona por el Centro para el Control y Prevención de Enfermedades de Estados Unidos. Las calles activas buscan la creación de espacios públicos incluyentes y armónicos, que permitan el desarrollo de hábitos de movilidad saludables y mejoras en la salud pública, en la cohesión social, así como en la modificación del uso, concepción y pertenencia en cuanto al espacio urbano.
¿Cómo entender la energía bajo tus pies? Beneficios y gestión socioambiental efectiva de proyectos geotérmicos en América Latina y el Caribe
Authors: Calvo Ricardo , Arispe Susana , García Javier , Siroit Gastón , Ramírez Michelle , Gaviano Andrea , Larreamendy Pilar , Bornholdt Luciano , Goldenberg Federico
Published: October 2022

Este reporte presenta los beneficios y la gestión socioambiental efectiva de proyectos geotérmicos en América Latina y el Caribe. La región de América Latina y el Caribe (ALC) cuenta con un gran potencial de energía geotérmica, es una energía limpia, renovable y de base especialmente resiliente a los efectos del cambio climático. El recurso geotérmico aprovechado en la actualidad, tanto para generación eléctrica como para usos directos de calor, es por lo tanto tiene un gran espacio de crecimiento. En el contexto actual global de descarbonización, la geotermia ofrece grandes oportunidades para los países que cuentan con este recurso, ya que los impactos sociales y ambientales de los proyectos geotérmicos son generalmente menores a los de otras tecnologías de generación eléctrica y tienen sencillas medidas de mitigación.
On the Trichoptera of Western Europe, with surveys of Platyphylax, Simaphylax genera, Drusus chapmani, Chaetopteryx gessneri, and C. gonospina species complexes
Authors: Oláh János , Kovács Tibor , Vinçon Gilles
Published: October 2022

In the present paper on the Western European Trichoptera we revise or overview the Platyphylax and Simaphylax limnephiline genera, as well as establish and/or overview the Drusus chapmani, Chaetopteryx gessneri and C. gonospina species complexes based on the principles and procedures of our fine phenomics. Having collected a new Drusus chrysotus (Rambur, 1842) specimen we have reconfirmed its delineation from its eastern sibling species Drusus lapos Oláh, 2017. By the paraproct, the Drusus spelaeus siblings in the Drusus mixtus species group are related to the Drusus siveci species complex in the Drusus discolor species group. Our discovery of a population of Drusus spelaeus with paramere structure similar to that of the Drusus discolor species group indicates further the importance of chimeric processes in species integrative organisation. Due to contradictory drawings published we have re-examined and redescribed the female of Drusus spelaeus. After surveying the recent taxonomic history of the Allogamus auricollis species subgroup we have raised the subspecies status to species rank of Allogamus auricollis bauerii (Kolenati, 1859); A. brauerii stat. nov. Chaetopteryx gessneri tomaszewski Moretti, 1991 was elevated to species rank: Ch. tomaszewski stat. nov. and Chaetopteryx kimera Oláh & Vinçon, 2021, a rather unique chimeric species having several character states of different origin was transferred to Consorophylax genus: C. kimera (Oláh & Vinçon, 2021) comb. nov. Furthermore, 17 new species were described: Wormaldia ariega, W. ligurica, W. maritima, Drusus alethes, D. italiano, Chaetopteryx tompula, C. cantabrica, C. decampsi, C. pyrenaica, Consorophylax cairos, C. lagoverde, C. livek, C. seolan, Platyphylax vinconi, Simaphylax coppai, S. andorricus and S. ariegeus spp. nov. Among them, ten were collected in France, five in Italy, one in Slovenia and one in Spain. Moreover, we report for the first time Potamophylax spinulifer Moretti, 1994 and Beraeamyia gudrunae Malicky, 2002 from France and Simaphylax altuspyrenaicus from Spain.
APPLICATION OF THE DIAGNOSTIC TEST DISMAS - STRUCTURES OF MATHEMATICAL SKILLS AT THE STUDENTS SECOND AND THIRD YEARS IN SLOVAKIA AND CZECH REPUBLIC
Authors: Janicek Pavelova Monika , Erhardtova Gabriela , Zovinec Erik
Published: October 2022

Impairment of mathematical abilities in terms of developmental dyscalculia/ developmental learning disorder with impairment in mathematics, we classify it as developmental learning disabilities. The prevalence of developmental dyscalculia is 5 - 6 % of the student population and is evenly distributed in both sexes (Shalev, 2004). Impairment of mathematical abilities may occur alone or in comorbidity with other developmental disorders. The purpose of this post is to clarify procedures of special pedagogical diagnostics mathematical skills using experimental test DISMA-SK (Pavelova, unpubl.). The diagnostic test is translated from the Czech original Diagnostics of the structure of mathematical abilities (DISMAS), authors Traspe and Skalková (2018). By applying the test, we assess several areas of mathematical ability disorders, whose results we compare with the values of the Slovak and Czech school population.
METHODOLOGICAL FOUNDATIONS ON THE FORMATION OF RESEARCH COMPETENCE OF FUTURE TEACHERS OF PROFESSIONAL TRAINING
Authors: Yergeshov Yerzhan , Astemes Gulim , Savabova Assal , Duisenbekova Zhanar , Bissenbayeva Zhanat
Published: October 2022

The educational process in higher education is a very complex multicomponent structure. In this study, we will consider only one aspect - the research function of future teachers of historians. It should be noted that the educational process is based on methodological foundations and principles, then the methods and rules of teaching are subject to a certain system. If we consider the formation of the research competence of future teachers as a scientific and pedagogical problem, then first of all, it is necessary to determine the meaning of the word "science". "Science is the search for a system of continuous development of nature and society, as well as objective patterns of thinking as a result of special human activity. Therefore, the basis of science is search, that is, accumulated knowledge," D. Poshaev said. Laws, Basic concepts, and principle (theory), says that there should be an ideal (Poshaev, 2011). The basic, initial state of any theory or doctrine is interpreted as a principle. Researchers in the field of education are actively involved in the educational process. For example, such a study can be called a scientific and pedagogical study. ... Pring's research in education, which is also based on the social sciences, is closely related to education, which distinguishes research focused on knowledge gained through the sciences. That is, there are studies that can be called educational or scientific-pedagogical, pursuing different directions and goals [Kvitkina L.G. The impact of students' research work on improving the quality of specialist training: (Sociological consideration of problems)]. Knowledge of the principles, forms and methods of formation of scientific and cognitive activity is called "methodology". The methodology of pedagogical research is a process of formation of new pedagogical knowledge and cognitive activity aimed at identifying objective patterns of learning, education and development of students.
The role of metanoia in the formation of theological worldview
Authors:   Russian Islamic institute, Sedankina Tatyana Ev.
Published: October 2022

Introduction. In connection with the acquisition of the status of science by theology, the question arises how to update the internal sources of motivation of the theologian-researcher for scientific activity. One of the motivating factors is the consideration of research activities as a special kind of worship, which consists in an inner aspiration to know the God by approaching the comprehension of ultimate meanings. In this case, research activity is regarded as sacred, which undoubtedly gives the theologian a special impetus to action. Theoretical analysis. The analysis of the philosophical and hermeneutical traditions of Christianity and Islam, studies of philosophers and psychologists, as well as the ideas of traditional philosophers, allows us to conclude that metanoia as a change of mind that shifts the point of view beyond the usual meanings contributes to looking at the world through the prism of the sacred, favoring the return of the sacred into everyday life. Conclusion. Metanoia, which occurs in the course of research activities, is considered as a process of a kind of rebirth of the theologian, opening access to his hidden psychic energy, carrying out a “turn of consciousness” towards the comprehension of sacred truths. The research activity of a theologian is a special kind of scientific creativity, based on the highest metaphysical principles, aimed at restoring and maintaining contact with a living religious tradition through the transmission of primordial traditional values.
Structural and functional analysis of the socio-psychological status of a group subject
Authors:   Voronezh Institute of the Ministry of Internal Affairs of Russian Federation, Boubnov Alexander L.
Published: October 2022

Introduction. For the first time the approach was proposed to the study of the socio-psychological status of a group subject, in which the status is understood as a systemic formation reflecting accordingly business, axiological, formal-hierarchical and attraction-expressive aspects of the group position in the basic organization. Theoretical analysis. Through the theoretical structural and functional analysis the structure of group status (includes activity, value, cognitive and emotional components) and its main functions (behavioral-regulative, cognitive-evaluation, normative-stratification and identification-orientation) are identified. The assumption of possibility of correlation of the most expressed components of the status, defining one or the other level of its status, and dominance of certain functions is put forward. Empirical аnalysis. The empirical study of group status was conducted on the material of student groups with the help of K. M. Gaidar socio-psychological questionnaire for determining the socio-psychological status of a group subject. With the help of cluster and factor analysis for the first time the peculiarities of the configuration of the components of the groups status with its high, medium or low level are revealed. Conclusion. As a result, it was found that its particular level is determined by a combination of several structural components. As prospects for the further research of the problem under study, the identification of the functions of the status of a group subject that dominates at a certain level of this status is indicated.
Correlation of ideas about an asocial personality with the values of cadets of the National Guard of the Russian Federation
Authors:   Saratov military Order of Zhukov Red Banner order Institute of National Guard Troops of the Russian Federation, Vorozheikin Sergey A.
Published: October 2022

Introduction. The article is devoted to the study of the conditionality of subjective ideas about an asocial personality with a system of individual values of cadets. The study was conducted on the basis of the Saratov Military Order of Zhukov Red Banner order Institute of National Guard Troops of the Russian Federation. Theoretical analysis. From the middle of the twentieth century to the present day, a wealth of empirical material on this topic has been accumulated. However, there are many gaps in scientific knowledge that determine the relevance of subsequent research. Empirical analysis. The study involved 300 cadets aged 17–26 years from 1st to 5th year of study. To study subjective ideas about an asocial personality, the author developed a questionnaire using the results of a pilot study. After carrying out statistical procedures, the most significant indicators of antisocial personality were combined into 4 groups of characteristics. To assess the values available to the cadets, a portrait value questionnaire of Sh. Schwartz was used. Conclusion. New data have been obtained indicating the relationship of values with the choice of indicators of antisocial behavior by cadets of the institute. The results of the research are of interest for the study of subjective perceptions, and will also help in building a strategy to improve the effectiveness of assessing social micro-situation and making operational decisions to ensure public safety.
Optimization of Marriage Registration as Legal Certainty of Children's Rights in the Perspective of Maqasid Shariah
Authors: Mohamad Kasim Nur , Nanang M. Kamba Sri , . Zakiyah , Karim Fibriyanti
Published: October 2022

Problems in the household are always related to children. Children are the most significant mandate from Allah SWT. They must be cared for and protected even if they get into legal problems. Marriage registration is a form of legal certainty for children’s rights. Often children do not get the fulfillment of their rights due to the actions of their parents. The rise of unregistered marriages is one of the reasons why the legal certainty of children’s rights is questioned. The legal consequences of unregistered marriages create new problems for children, incredibly fulfilling their rights. Therefore, it is necessary to optimize the registration of this marriage for the future of the family, especially the children. Of course, optimizing marriage registration is inseparable from the participation of related parties. It requires synergy between the government, the Office of Religious Affairs (KUA), the Population and Civil Registration Service (DISDUKCAPIL), and the community. Marriage registration is essential, especially from the legal aspect, both in positive and Islamic law. Because basically, Islamic law does not oblige every marriage contract, but marriage registration is essential from the point of view of its benefits. This research belongs to empirical juridical research, using primary, secondary, and tertiary data collection techniques. This study uses a case approach and data analysis techniques used descriptively. The results of the discussion in this study found that marriage registration is beneficial for couples in terms of Islamic law and positive law; not just administration but providing legal certainty to wives, especially children born in terms of child status, education, and inheritance rights. Gorontalo Province marriage registration by the KUA and Disdukcapil has been running optimally even though the data found in unregistered marriages are pretty high, and this is because people do not understand the importance of marriage registration.
Keywords: optimization, marriage registration, legal certainty, Maqasid Shariah
Good Environment as Part of Human Right: A Case Study on Plastic Waste Post Pandemic
Authors: Puluhulawa Fenty , Rusdiyanto Puluhulawa Mohammad , Adelina Harun Amanda
Published: October 2022

The use of plastic waste causes various benefits in human life, but it also has negative impacts. Plastic waste has become part of environmental pollution and the Covid-19 pandemic has led to an increase in the use of plastic. The right to life is a part of human rights that every individual absolutely has. Human life depends on the surrounding environmental conditions, and the right to a good environment has a significant influence on the right to life. This study was based on the previous description, entitled “Good Environment as a Part of Human Rights (A Case Study on Plastic Waste)”. This study was a normative legal study, which used a conceptual and statute approach. This article discusses two main points namely: (1) The right to a good environment in the concept of human rights; (2) Environmental protection as part of the protection of human rights, with a case study on solid waste. The results showed that the right to a good, clean, and healthy environment is crucial in fulfilling the right to life. Without a good environment, the right to life could not be optimally enjoyed. Thus, protecting the environment from pollution, especially plastic waste, is part of the fulfillment of human rights.
Keywords: environment, human right, plastic waste
Fulfilling the Rights of Housing Consumers As a Result of Developer's Bankruptcy Decision
Authors: Maharini Kerti Renti , Wicaksana Arif
Published: October 2022

The state guarantees the right of every citizen to get a decent living and a place to live as a human being. Consumer rights in the housing sector are regulated in Law Number 8 of 1999 concerning Consumer Protection, Law Number 1 of 2011 concerning Housing and Settlement Areas, and Law Number 20 of 2011 concerning Flats. Consumer rights are the obligation of business actors to fulfill. Bankruptcy is an effort for creditors to fulfill their rights to debtors. In principle, consumers in the housing sector do not want developers to go bankrupt, but on the contrary, bankruptcy is used as a loophole for irresponsible developers to avoid their obligations. The consumer’s position becomes a questionable matter because the consumer’s position is harmed by the bankruptcy decision. In this paper, we will discuss on how is the position of consumers in the housing sector as a result of the bankruptcy decision of the developer and the efforts to fulfill the rights of housing consumers fairly. The research method used is normative with an approach to norms and principles in regulation. The data used is secondary with qualitative data analysis and deductive conclusions. The purpose of this paper is to explain the position of housing consumers on the developer’s bankruptcy decision, and efforts to fulfill consumer rights due to the developer’s bankruptcy decision. The developer’s bankruptcy decision has resulted in housing consumers being concurrent creditors. Efforts that can be taken to fulfill consumer rights are to position consumers as creditors with special rights because of the law based on the Circular Letter of the Supreme Court Number 4 of 2016 and the Decision of the Constitutional Court 21 of 2015, in addition to efforts to file a lawsuit to the district court as well as amendments to bankruptcy regulations and consumer protection.
Keywords: bankruptcy, housing, consumer protection
Liability Limitation of PeduliLindungi Applications in the Convergence Dynamics of Telematics Law
Authors: Puluhulawa Jufryanto , Rusdiyanto U Puluhulawa Mohamad , Swarianata Vifi
Published: October 2022

PeduliLindungi application, there is a clause limiting the liability by the electronic system operator, which in outline states that PeduliLindungi is not responsible for any losses that arise due to events and/or causes beyond the control and/or ability of the organizer or caused by any violation or unauthorized access to PeduliLindungi. This research aims to examine the clause on Limitation of Liability of Care for Protect Applications in the Convergence Dynamics of Telematics Law. The research approach method used in this research uses a statutory approach and a conceptual approach. The result is that the electronic system operator from the PeduliLindungi application is related to the liability limitation clause and is no longer based on Law Number 11 of 2008 concerning Information and Electronic Transactions, Article 15 Paragraph (2). Normatively in the author’s understanding, the clause limiting the liability of this PeduliLindungi application is based on Article 15 paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions. So actually, there is nothing wrong with the clause limiting the liability of the PeduliLindungi Application if it refers to the principle of freedom of contract and as long as it can be legally proven that the problems that occur are part of the plain error or negligence of the user. However, in essence, the organizer of the electronic system of the PeduliLindungi application should not turn a blind eye to the possibilities that can become a problem and harm users in the operation of the electronic system that they run.
Keywords: limitation of liability, PeduliLindungi application, telematics law
Discourse on Affiliate Marketing Platform Trading/Investment from Indonesian Legal Perspective
Authors: Puluhulawa Jufryanto , W. Badu Lisnawaty , Swarianata Vifi
Published: October 2022

The study aims to examine the existence of affiliate marketing trading/investment platforms from a legal perspective in Indonesia and discuss the legal noose that looms over it. The research approach methods used in this study are the statute approach, the case approach, and the conceptual approach. The results, if viewed from the perspective of Indonesian law, refer to regulations related to trade, consumer protection, electronic information, and transactions, as well as Indonesian Pariwara Ethics. Considering that business actors and their marketing affiliates are honest and responsible in carrying out and marketing their business and conducting good and healthy transactions and are accompanied by good faith without defraud. The affiliate marketing business strategy through this affiliate intermediary is something legal. But if in carrying out his role as an affiliate, having disguised malicious intentions, not accompanied by good faith, then there are legal consequences that will be accepted, whereas, in some related regulations, there is a threat of criminal penalties that do not mess with sanctions, to provide a deterrent effect.
Keywords: affiliates, trading, platforms, Indonesian law
The Urgency of Establishing a Legal Entity Issuing Force Majeure Certificates Against Creditor Protection During the Covid-19 Pandemic
Authors: Ahsani Bakung Dolot , Hidayat Muhtar Muhammad , Abdussamad Zamroni , Teguh Santoso Gobel Rahmat
Published: October 2022

The Covid-19 that occurred in recent years has had an impact on public health as well as the economic sector. It has caused the Indonesian economy to experience a slump in the second quarter of 2020 until the real GDP contracted and its value became IDR 2,590 trillion, which previously was IDR 2,735 trillion in the second quarter of 2019. Accordingly, the government announced Presidential Decree No. 12 of April 13, 2020, on the determination of non-natural disasters due to the spread of COVID-19 in 2019, a national disaster, making use of it. The issue is that the economic impact affects creditors in paying their obligations to debtors. The problem is that the emergency status of Covid-19 does not necessarily cause force majeure that has an impact on losses for creditors. Therefore, it is necessary to form a state agency that specifically issues force majeure certificates like in China so that it can be used as a reference that the debtor is proven to have experienced force majeure. This certificate serves the purpose of proof which will ultimately be considered among all relevant factors by the court. Because in Indonesia, the only way to interpret force majeure in court is based solely on the opinion of the judge, and the creditor’s position does not have strong evidence to prove in a state of force majeure. The formulation of the problem in this study is: what about the concept of force majeure for loan protection in Indonesia? How to Establish a Legal Entity Providing Force Majeure in Indonesia Design Certificate?
Keywords: force majeure certificates, creditor protection, Covid-19
Covid-19 and Waste Management Law: Do Hard and Soft Laws Complement Each Other?
Authors: A. Safitri Myrna
Published: October 2022

The Covid-19 pandemic has led to various health, economic, and environmental problems. Waste management is one of the environmental problems that have emerged during this pandemic. Countries worldwide are trying to overcome the increase in the quantity and type of waste during the pandemic, such as disposable masks, face shields, and gloves, whether from households, commercial areas, or quarantine homes. Then there is also much medical waste sourced from health service places and places where people do swab testing and Covid-19 vaccinations. Moreover, there are other problems like increasing plastic waste from food consumption in the household during work and school activities from home. These waste problems add to the complexity of waste management, especially in developing countries which still needs improvement in their law and policy, technology, capacity, and legal awareness of the community in waste management. An interesting legal phenomenon during the Covid-19 pandemic is the widespread use of soft laws in the form of protocols, circulars, instructions, and appeals. This paper aims to study various forms of soft law used by the Government of Indonesia to manage Covid waste and analyze their compliance with national laws. This paper consists of two main parts: describing the trends in the use of soft law in waste management during the Covid-19 pandemic, and an analysis of the relationship between “hard law” and “soft law” in handling COVID-19 waste.
Keywords: Covid-19, environmental impact, soft law, waste management
Preventive Measures As Strategic Attempts to Cope with Criminal Acts of Corruption in Indonesia
Authors: . Tongat
Published: October 2022

Corruption becomes a latent danger in almost all countries, including Indonesia. Therefore, any strategies to tackle it are always conducted. In some countries, imposing a serious punishment is the strategy chosen with the goal of giving deterrent effects to the perpetrator. In some countries, preventive measures are preferred to overcome corruption. It is intended to eliminate the root cause of corruption. This present article proposes the idea of preventive measures as a strategy to cope with corruption in Indonesia. Two main problems will be examined in this article: The first is why preventive measures become a strategy chosen to tackle criminal acts of corruption in Indonesia. The second is how theories justify the preventive measures to cope with criminal acts of corruption. Through a doctrinal approach, this study produced the following conclusions. First, preventive measures are the most strategic causative effort to cope with criminal acts of corruption in Indonesia. Second, preventive measures are justified by various theories in criminal law.
Keywords: preventive measure, strategy, coping with criminal act, corruption in Indonesia, criminal law
The Challenge of the Millennial Generation of Muslims: Between the Dilemma of Progress and Setbacks
Authors: Alam Syariful
Published: October 2022

The millennial Muslim generation has a striking, creative, energetic, and optimistic existence. But not all Muslims today are part of this millennial generation. Some groups refuse, support, or mediate. Modernity, in essence, is no longer a symptom that must be opposed, fought, and destroyed; on the contrary, millennial Muslims believe that faith and modernity can collaborate, go hand in hand, and complement each other. Muslim societies are forced to make changes in mindset and reform their communities so that they can improve their backwardness and are finally able to make many positive contributions. Science, technology, and information are vital parts of progress that have dominated all aspects of social life, even religion. The rapid freedom of information can be taken as an opportunity, while it can also become a challenge for Muslim societies in facing the positive and negative impacts that attack internally and externally, which will cause major changes in influencing the creed, association, and thoughts that slowly damage the teachings of Islam. So it is necessary to have a critical attitude and moderate understanding in facing challenges amid the current of modernity.
Keywords: millennial, generation, Muslim, religion, modern
Legal Protection of Patients in Telemedicine Services: Implementation and Challenges
Authors: Maria Tri Anggraini Anna
Published: October 2022

The increasingly widespread Covid-19 pandemic has an impact on the disruption of health services in hospitals, including patients who intend to consult or treat other diseases as most of the hospitals are used to treat Covid-19 patients. This situation encourages a group of health service providers to use telemedicine as an alternative for the community to continue receiving health services from medical personnel without having to go to the hospital. This study focuses more on the information services and medical consultations offered by service providers, hence it is necessary to know how the legal protection of patients in telemedicine services is being implemented and their challenges. This paper is a prescriptive normative research using secondary data in the form of regulations and policies as well as interviews with several sources in related fields. Regulations and policies by the government are still temporary (fluctuating) and have not comprehensively regulated transactions for telemedicine services, for example, when an incident occurs that results in patient loss, a strong legal basis is needed to restore patient rights so that in the end a legal certainty is created for the society.
Keywords: legal protection, patients, telemedicine
Protection of Indonesian Fishermen from China's Threat in the North Natuna Sea Region During the Covid-19 Pandemic
Authors: Angkasari Wildani , Sujatmoko Andrey
Published: October 2022

The economic importance of the North Natuna Sea is premised not only on its function as one of the largest marine sources in Indonesia but also as an important location for the Indonesian military to conduct large-scale exercises. Amidst the ongoing outbreak of the COVID-19 pandemic, unauthorized fishing by Chinese flagged boats continues to be pervasive in the Indonesian EEZ off Natuna Islands. Chinese coast guard and military vessels were constantly and visibly present in those waters, testing the patience and perseverance of Indonesia’s authorities. The purpose of this article is to find out the cause related to the problem of protecting Indonesian fishermen in catching fish in the region. The Indonesian government is committed to ensuring rapid mobilization of its military and naval assets in the area when required to protect the fishermen. The method used in this research employed the qualitative method and critical content analysis. The legal consequences of ratifying the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) with Law No. 17 of 1985 concerning the ratification of UNCLOS, Law No. 32/ 20014 concerning about the sea are the substance of law regulation. The type of data used is secondary data, namely data obtained through literature study. The study matches that Indonesia must develop fishermen with the spirit of defending the country, especially in areas where the waters are partially located within China’s nine-dash line.
Keywords: fisherman, North Natuna Sea, Covid-19 pandemic
The Power of Ministerial Regulation in Handling COVID-19 in Indonesia
Authors: Al-Fatih Sholahuddin , Kurniawan Wahyudi , Dwi Cahyani Tinuk , Esfandiari Fitria
Published: October 2022

This study tries to discuss the strength of ministerial regulations in responding to the Covid-19 pandemic in Indonesia. Through legal research methods, this article is expected to be able to contribute to the field of legal science, especially in the context of legal science on the rules of determining laws and regulations, as well as responding to legal reforms during and after the Covid-19 pandemic in Indonesia. The approach used in this study is a conceptual approach and is analyzed using the prefix method to find new arguments against the current factual conditions. The results of this study show that ministerial regulations in responding to the Covid- 19 pandemic in Indonesia have validity, bonding, and efficacy. On this basis, implementation of ministerial regulations during the Covid-19 pandemic has binding legal implications and legal force.
Keywords: power, ministerial regulations, Covid-19
Scientific Criminal Investigation Legal Studies in the Police Investigation Process
Authors: . Sumali , Bhirini Slamet Aprilia , Monique Cindy
Published: October 2022

Scientific Criminal Investigation can be a method in the investigation process carried out by investigators to prove evidence in proving criminal cases. Process of the Scientific Criminal Investigation method in proving it can minimize errors with fast, precise, and accurate examinations. The investigation process of scientific evidence by investigators also needs to be supported by technical assistance from several branches of forensic science. This study aims to obtain a description of the method of Scientific Criminal Investigation in the disclosure of criminal acts using quantitative methods. The application of the Scientific Criminal Investigation Method in the evidentiary process has a role in uncovering evidence and evidence in criminal cases following the Criminal Procedure Code, namely through letter evidence, instructions, and expert statements. Thus, proving a case using the Scientific Criminal Investigation method is a breakthrough in the evidentiary process of proving a criminal case. In this way, the Scientific Criminal Investigation Method becomes a reference for investigators in the process of proving criminal cases because scientific crime studies are also supported by increasing and sophisticated sciences, including the special tools created.
Keywords: scientific criminal investigation, investigation, evidence
Legal Implications of Bankruptcy on Bank-related Problems and Customer's Legal Protection
Authors: Hartini Rahayu , Rohatin Nofiyanti Dwi , Faizal Jamaluddin Malik Mohammad
Published: October 2022

The background of this legal research is that the Bank is an intermediary institution as well as a profit-oriented institution. Intermediation means that banks are pillars of the national economy. This puts the Bank regulated by regulations and supervised by special authorities. Banks are business entities that have special characteristics so revocation of business licenses, dissolution of legal entities, and liquidation of banks cannot be equated with generally accepted procedures. The legal issues in the research are: Can a troubled bank be bankrupt and how is the legal protection for depositors according to the Law on Bankruptcy and Postponement of Debt Payment Obligations? This research is juridical normative by using a statutory approach, namely: the Banking Law and Bankruptcy Law, and a conceptual approach. The legal materials that have been obtained are analyzed by content analysis. Based on the results of the discussion, it is shown that: first, according to the provisions of the Banking Law, Bank Indonesia is given the authority to revoke the business licenses of troubled banks. Likewise, the Bankruptcy Law gives authority to Bank Indonesia to file for bankruptcy against troubled banks. So far, Bank Indonesia in dealing with troubled banks after rescue efforts failed to use the liquidation process and has never used bankruptcy efforts. And protection for Depositors has been provided by the liquidation mechanism and banking regulations are lex specialist to Law no. 37/2004 concerning Bankruptcy and Suspension of Debt Payment Obligations is a lex generalist. In addition, it is impossible for Bank Indonesia to choose a bankruptcy law channel to damage the national economic system just to serve the interests of creditors themselves. Even so, banking regulations and their regulatory agencies have provided legal protection for depositors and if they feel they have been harmed, they can sue the Commercial Court.
Keywords: implications, bank bankruptcy, legal protection, bank customers
Problems Associated with Granting Land Rights Owned by Local Government for Community Business Utilization
Authors: Wiryani Fifik , Noer Wahid Denny , Luthfi Muhammad , Anggraeny Isdian , Sogar Simamora Yohanes , Kurniawan Faizal
Published: October 2022

With the granting of land lease rights owned by local governments for the use of community businesses, there are several problems that often occur. From the existence of these problems, it can become an obstacle in the implementation of the use of BMD in the form of a lease, which can be an obstacle to the source of Regional Original Income (PAD) which has the role and function of local governments in improving public services to the community. As well as these problems, often create new conflicts for parties who violate both the contents of the agreement and the laws and regulations. It is necessary to do further research, in order to minimize the problems and conflicts that often occur in society. Therefore, by using the empirical juridical research method, the author examines what are the problems that arise in the implementation of the Regional Property Rental Agreement in the form of agricultural land and how to resolve the problems that arise during the implementation of the Regional Property Rental Agreement in the form of agricultural land between the Government and the Second Party. This research method is accompanied by data collection consisting of observations, interviews, and data analysis. The results of this study indicate that the resolution of these problems is carried out with different settlement procedures. For the resolution of these problems, the legal aspect is something that needs to be considered because the consequences of this legal aspect have risks for those who perform an agreement.
Keywords: lease agreement, regional property, agricultural land
The Role of Indonesian Notary in the Transfer of Stock Through the Waqf Mechanism After the Covid-19 Pandemic
Authors: Dwi Kurniawan Kukuh , Kharisma Nuryasinta Radhityas , Adhial Fajrin Yaris , Puspitasari Wardoyo Yohana , Aunuh Nu'man
Published: October 2022

Since the Covid-19 cases appeared in several countries including Indonesia, it had a direct impact on every sector in Indonesia, especially in the capital market sector. However, because Indonesia is currently entering a new phase in economic recovery after the acceleration of vaccination, accompanied by positive policies from the government, this provides new hope for investors who wish to waqf stocks. This study discusses the role of the Notary as the Official Making the Waqf Pledge Deed in the Transfer of Stock Waqf after the Covid-19 Pandemic. The new role of the Notary as stated in the explanation of Article 15 of Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of a Notary (UUJN), especially in the explanation of Article 15 paragraph (3) that Notary have other authorities regulated in laws and regulations, one of which is to make a Deed of Waqf Pledge. This is related to the provisions of Article 37 paragraph (4) of Government Regulation Number 42 of 2006 concerning the Implementation of the Waqf Law (PP Wakaf), which states that a Notary has the opportunity to make a Waqf Pledge Deed. As the most important element in the transfer of stock waqf, the Waqf Pledge Deed requires an official who has competence in making a deed containing the Wakif’s desire to surrender his assets to be used by Nazhir. This study aims to clarify the authority of a notary who is still foreign in making a waqf pledge deed, especially the object of stock waqf. This type of research is normative-juridical research. The results of this study obtained answers to existing problems related to the authority of a Notary as a PPAIW, namely that until now the regulations regarding the requirements of a Notary as a PPAIW that have been mandated in the provisions of Article 3 paragraph (5) of PP Wakaf have not yet been stipulated by the Minister of Religion.
Keywords: notary, waqf, stock, Indonesia, Covid-19
Polemics of Interfaith Marriage Reviewed from the Perspectives of Marriage Law and the Compilations of Islamic Law
Authors: Suyaman Prahasti , Fitriah Alfiany Temmy
Published: October 2022

Indonesia regulates the marriage problems of its citizens through Marriage Law No.1 of 1974. In the Marriage Law Article 2 paragraph (1) it is stated that marriage is valid if it is carried out according to the law of each religion and belief. The heterogeneity of religions adopted by Indonesian society in their interactions will have an impact on marriage. Quite a lot of cases of interfaith marriages that occur in society have not been well received and are still considered problematic. On the other hand, the Indonesian state already has a law on marriage, but this law does not explicitly mention interfaith marriage. This gives rise to multiple interpretations and a lack of legal certainty regarding interfaith marriage. Although it must be admitted that the issue of interfaith marriage has experienced a legal vacuum, on the other hand, carrying out marriage will not be unstoppable. The purpose of writing this article is to examine the polemics of interfaith marriage, its impact, and the legal review of Marriage Regulation and Kompilasi Hukum Islam. The results of the study, marriage between religions, although, difficult but widely carried out in Indonesia, shows that the level of diversity of the Indonesian people is still not strong enough so that practices that are prohibited by religion and regulated in the Law are still carried out.
Keywords: marriage, different religions, Indonesia
Restorative Justice in the Application of Criminal Law
Authors: Soekorini Noenik , . Hartoyo
Published: October 2022

Restorative justice in accordance with the Pancasila way of life. Restorative justice in criminal law is an alternative for resolving criminal cases through a mediation process. Deliberation by involving the criminal acts, victim, family, and other related parties to jointly create a fair agreement between the perpetrator and the victim for the restoration of the situation as before. This research uses normative juridical, namely by reviewing or analyzing legal materials, especially primary legal materials and secondary legal materials by understanding law as a set of positive rules or norms in Indonesia. Restorative justice has been regulated in the Draft Criminal Code which is a hope that will come true. The position of the Criminal Code which is a general provision for criminal legislation outside the Criminal Code will make the position of restorative justice stronger because it will become a benchmark for law enforcement officers to carry out their duties.
Keywords: restorative, justice, criminal law