bluuebunny/crossref_metadata_2025 huggingface dataset:
Late surgical start time is associated with increased blood transfusion following gastric bypass surgery
Authors: Knio Ziyad O. , Zhang Lena , Watts David A. , Zuo Zhiyi
Published: February 2023

Background

Surgical start time (SST) has demonstrated conflicting effects on perioperative outcomes due to confounding factors, such as increased acuity in later SST cases. This study investigated the effect of SST on blood transfusion after gastric bypass surgery, a complication-prone elective surgical procedure.

Methods

This retrospective cohort study included all patients undergoing gastric bypass surgery at a single academic medical center from 2016 through 2021 (n = 299). The primary independent variable was SST (before vs. after 15:00). The primary outcome was blood transfusion. Secondary outcomes included postoperative respiratory failure, length of stay, acute kidney injury, and mortality. The associations between SST and outcomes were investigated with univariate analyses. Multivariate and receiver operating characteristic (ROC) analyses were applied to the primary outcome, adjusting for demographic and operative characteristics.

Results

On univariate analysis, 15:00–18:43 SST was associated with an increased risk of blood transfusion (relative risk 4.32, 95% confidence interval 1.27 to 14.63, p = 0.032), but not postoperative respiratory failure, acute kidney injury, length of stay, or mortality. On multivariate analysis, the only independent predictor of postoperative blood transfusion was a 15:00–18:43 SST (adjusted odds ratio 4.32, 95% confidence interval 1.06 to 15.96, c-statistic = 0.638). ROC analysis demonstrated that compared to the 15:00 threshold, a 14:34 threshold predicted postoperative blood transfusion with better accuracy (sensitivity = 70.0%, specificity = 83.0%).

Conclusions

Despite having similar demographic and operative characteristics, gastric bypass patients in the late SST cohort had a greater incidence of postoperative blood transfusion in this single-center study.
Omit needless words: Sentence length perception
Authors: Matthews Nestor , Folivi Folly
Published: February 2023

Short sentences improve readability. Short sentences also promote social justice through accessibility and inclusiveness. Despite this, much remains unknown about sentence length perception—an important factor in producing readable writing. Accordingly, we conducted a psychophysical study using procedures from Signal Detection Theory to examine sentence length perception in naive adults. Participants viewed real-world full-page text samples and judged whether a bolded target sentence contained more or fewer than 17 words. The experiment yielded four findings. First, naïve adults perceived sentence length in real-world text samples quickly (median = 300–400 ms) and precisely (median = ~90% correct). Second, flipping real-world text samples upside-down generated no reaction-time cost and nearly no loss in the precision of sentence length perception. This differs from the large inversion effects that characterize other highly practiced, real-world perceptual tasks involving canonically oriented stimuli, most notably face perception and reading. Third, participants significantly underestimated the length of mirror-reversed sentences—but not upside-down, nor standard sentences. This finding parallels participants’ familiarity with commonly occurring left-justified right-ragged text, and suggests a novel demonstration of left-lateralized anchoring in scene syntax. Fourth, error patterns demonstrated that participants achieved their high speed, high precision sentence-length judgments by heuristically counting text lines, not by explicitly counting words. This suggests practical advice for writing instructors to offer students. When copy editing, students can quickly and precisely identify their long sentences via a line-counting heuristic, e.g., “a 17-word sentence spans about 1.5 text lines”. Students can subsequently improve a long sentence’s readability and inclusiveness by omitting needless words.
Grouting mechanism and experimental study of goaf considering filtration effect
Authors: Zhu Lei , Gu Wenzhe , Ouyang Yibo , Qiu Fengqi
Published: February 2023

The filtration effect significantly affects the gangue slurry velocity and concentration, making it difficult to evaluate the gangue slurry diffusion range. Based on the Darcy seepage law, a seepage theoretical calculation model is established considering the filtration time and space effect. And the "water-cement ratio change matrix" in the seepage process of coal gangue slurry is deduced, revealing the basic mechanism of the porous media filtration effect, and the water-cement ratio gradually increases in the seepage process of gangue slurry. The visual test platform for slurry diffusion in goaf was independently developed for testing. The active heating optical fiber method (AHFO) was used to monitor the flow and diffusion of coal gangue slurry in the collapse zone of goaf, and the gravity gradient and water cement ratio of slurry in goaf were measured. The law of particle sedimentation in the gangue slurry flow process under the filtration effect was revealed, and engineering verification was carried out. The results show that the average slope of the gangue slurry in the gangue accumulation is 6.34%, and the overall flow law of the gangue slurry in the goaf is the first longitudinal expansion and then transverse diffusion. The water-cement ratio near the grouting mouth is smaller than the initial water-cement ratio, the near-end water-cement ratio is smaller, and the far-end water-cement ratio is larger. During on-site filling, the accumulated grouting volume of a single hole is 700 m3, and the gangue slurry diffusion distance is greater than 45m, indicating that the gangue slurry has good fluidity.
A relational investigation of Israeli gay fathers’ experiences of surrogacy, early parenthood, and mental health in the context of the COVID-19 pandemic
Authors: Kelly Hannah Kate , Geller Shulamit , Swami Viren , Shenkman Geva , Levy Sigal , Ridge Damien
Published: February 2023

Perinatal distress affects approximately 10% of fathers, but little is known about how gay fathers experience the challenges surrounding childbirth and early parenting of a child. This study explored gay fathers’ experiences of having a baby via transnational surrogacy, raising that baby as a gay parent, and the context of the COVID-19 pandemic. In-depth qualitative interviews were conducted with 15 Israeli men to understand their experiences of surrogacy and early parenthood, focusing on the impact on their mental health and the relational factors involved. Secondary narrative analysis revealed that fathers constructed surrogacy as a perilous quest that required strong intentionality to undertake. The first year of parenthood was conceptualised alternately as a joyful experience and/or one that challenged fathers’ identities and mental health. A relational framework was applied to better conceptualise the fathers’ narratives, revealing that actual connections—and the potentials for links—considerably shaped experiences of surrogacy, perinatal distress and recovery. Implications for research and policy are discussed.
Droplet digital PCR-based testing for donor-derived cell-free DNA in transplanted patients as noninvasive marker of allograft health: Methodological aspects
Authors: Clausen Frederik Banch , Jørgensen Kristine Mathilde Clara Lund , Wardil Lasse Witt , Nielsen Leif Kofoed , Krog Grethe Risum
Published: February 2023

In solid organ transplantation, donor-derived cell-free DNA (dd-cfDNA) is a promising universal noninvasive biomarker for allograft health, where high levels of dd-cfDNA indicate organ damage. Using Droplet Digital PCR (ddPCR), we aimed to develop an assay setup for monitoring organ health. We aimed to identify the least distinguishable percentage-point increase in the fraction of minute amounts of cfDNA in a large cfDNA background by using assays targeting single nucleotide polymorphisms (SNPs). We mimicked a clinical sample from a recipient in a number of spike-in experiments, where cfDNA from healthy volunteers were mixed. A total of 40 assays were tested and approved by qPCR and ddPCR. Limit of detection (LOD) was demonstrated to be approximately 3 copies per reaction, observed at a fraction of 0.002%, and which would equal 6 copies per mL plasma. Limit of quantification (LOQ) was 35 copies per reaction, estimated to 0.038%. The lowest detectable increase in percentage point of dd-cfDNA was approximately 0.04%. Our results demonstrated that ddPCR has great sensitivity, high precision, and exceptional ability to quantify low levels of cfDNA. The ability to distinguish small differences in mimicking dd-cfDNA was far beyond the desired capability. While these methodological data are promising, further prospective studies are needed to determine the clinical utility of the proposed method.
Biogenesis of extracellular vesicles in protozoan parasites: The ESCRT complex in the trafficking fast lane?
Authors: Cruz Camacho Abel , Alfandari Daniel , Kozela Ewa , Regev-Rudzki Neta
Published: February 2023

Extracellular vesicles (EVs) provide a central mechanism of cell–cell communication. While EVs are found in most organisms, their pathogenesis-promoting roles in parasites are of particular interest given the potential for medical insight and consequential therapeutic intervention. Yet, a key feature of EVs in human parasitic protozoa remains elusive: their mechanisms of biogenesis. Here, we survey the current knowledge on the biogenesis pathways of EVs secreted by the four main clades of human parasitic protozoa: apicomplexans, trypanosomatids, flagellates, and amoebae. In particular, we shine a light on findings pertaining to the Endosomal Sorting Complex Required for Transport (ESCRT) machinery, as in mammals it plays important roles in EV biogenesis. This review highlights the diversity in EV biogenesis in protozoa, as well as the related involvement of the ESCRT system in these unique organisms.
La biología humana como ideología: el racismo biológico y las estructuras simbólicas de dominación racial a fines del siglo XIX
Authors: SÁNCHEZ ARTEAGA Juan Manuel
Published: February 2023

A través de un repaso a las teorías científicas más ortodoxas (a fines del siglo XIX) acerca de la diversidad biológica en nuestra especie —tal y como aparecen en la obra de autores como Darwin, Broca, Huxley, Haeckel, Vogt, etc.— el presente artículo propone la existencia de una conexión ideológica entre las teorías evolutivas sobre las así llamadas "razas humanas" (especialmente los modelos darwinistas sobre evolución humana), y las jerarquías raciales que, a su vez, establecía la lógica económica del imperialismo occidental.
Los propósitos de razonar, ilustrados con el argumento externista anti-escéptico de Putnam
Authors: Pérez Otero Manuel
Published: February 2023

Desarrollo varias hipótesis sobre los propósitos de la argumentación racional, parcialmente inspiradas en el análisis de Jackson sobre el concepto de petitio principii. Destaco como especialmente relevante entre tales propósitos la referencia a los potenciales destinatarios de una argumentación. Ilustro la discusión con un caso concreto: el argumento elaborado por Putnam para demostrar que no somos cerebros en una cubeta. Presento una versión de ese argumento y lo defiendo frente a una posible crítica (inspirada por una objeción de Falvey y Owens contra un argumento muy similar) que lo acusa de prejuzgar la cuestión.
Descriptive Complexity Theories
Authors: Flum Joerg
Published: February 2023

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A Characterization of Logical Constants Is Possible
Authors: Sher Gila
Published: February 2023

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La analogía como transferencia argumentativa
Authors: Marraud Hubert
Published: February 2023

El análisis de varias argumentaciones analógicas lleva a distinguir dos variedades de la argumentación analógica. Unas veces se pretende que dos argumentos son análogos y tienen la misma fuerza; en otras se invoca una licencia abductiva para justificar la aceptabilidad de un argumento por la de otro muy distinto.
Epistemic merit, autonomy, and testimony
Authors: VEGA ENCABO Jesús
Published: February 2023

In this paper, it is argued that both the informer and the hearer in a testimonial situation deserve epistemic merit insofar as they contribute to the collaborative achievement of sharing knowledge. The paper introduces a distinction between the ideals of self-sufficiency and epistemic autonomy. The autonomous exercise of our epistemic agency is very often carried out under strong conditions of epistemic dependence. Testimony exhibits a kind of social dependence that does not threaten the autonomy of the subjects that need to consider their own epistemic capacities. When involved in a testimonial situation, both speaker and hearer declare, at least implicitly, the standings they occupy in an epistemic space and are obliged to recognise certain epistemic requirements.
Scientific Representation and the Semantic View of Theories
Authors: FRIGG Roman
Published: February 2023

Models represent their target systems in one way or another. But what does it mean for a model to represent something beyond itself? This paper details different aspects of this problem and argues that the semantic view of theories does not provide us with an adequate response to any of these.
Word, Niche and Super-Niche: How Language Makes Minds Matter More
Authors: CLARK Andy
Published: February 2023

How does language (spoken or written) impact thought? One useful way to approach this important but elusive question may be to consider language itself as a cognition-enhancing animal-built structure. To take this perspective is to view language as a kind of self-constructed cognitive niche.
Causal processes and propensities in quantum mechanics
Authors: SUÁREZ Mauricio
Published: February 2023

I offer an alternative interpretation of Van Fraassen's influential arguments against causal realism in quantum mechanics. These arguments provide in fact a good guide to the different causal models available for the Einstein-Podolsky-Rosen correlations, which in turn shed light on the nature of quantum propensities.
Why a Trade-Off? The Relationship between the External and Internal Validity of Experiments
Authors: Jimenez-Buedo Maria , Miller Luis Miguel
Published: February 2023

Much of the methodological discussion around experiments in economics and other social sciences is framed in terms of the notions of internal and external validity. The standard view is that internal validity and external validity stand in a relationship best described as a trade-off. However, it is also commonly held that internal validity is a prerequisite to external validity. This article addresses the problem of the compatibility of these two ideas and analyzes critically the standard arguments about the conditions under which a trade-off between internal and external validity arises. Our argument stands against common associations of internal validity and external validity with the distinction between field and laboratory experiments and assesses critically the arguments that link the artificiality of experimental settings done in the laboratory with the purported trade-off between internal and external validity. We conclude that the idea of a trade-off or tension between internal and external validity seems, upon analysis, far less cogent than its intuitive attractiveness may lead us to think at first sight.
Nganasan loanword phonology: A typological approach to the repair strategies of Russian loanwords in Nganasan
Authors: Bakró-Nagy Marianne
Published: February 2023

The aim of the paper is to give an overview of the loanword adaptation strategies of word-initial complex consonant-cluster onsets of Russian loanwords in Nganasan. The approach is typological, and the strategies are considered in a broader typological framework as a secondary aim. It is proposed that deletion and distribution of epenthetic sites can be attributed to the acoustic properties of the segments, and it is noted that extra grammatical aspects may have a significant role in explaining the processes.
The Violent Homo, Nationization in Tomer Heymann's Paper Dolls and Arundhati Roy's The Ministry of Utmost Happiness
Authors: Lee Seul
Published: February 2023

What if the discursive and political recognition of queer liberation colludes with a nationalist agenda to produce a unified statehood? Postcolonial and transnational feminists have critiqued the political mobilization of GLBTQ rights within the context of nation-state modernity. The politics of queer inclusion and its institutional, normative production of subjects deemed to be (un)acceptable promote the modernity of progressive nations, but also justify state violations of sexual, religious, and ethnic minorities. This article examines Tomer Heymann's documentary film Paper Dolls and Arundhati Roy's novel The Ministry of Utmost Happiness to articulate how the queer subjects in both texts play a role in and resist Israel's and India's optimization of Jewish and Hindu nations. I juxtapose the film and the novel to demonstrate that their focus on nonnormative, gender-variant subjects works differently: the film absorbs nationalist paradigms, whereas the novel critiques Hindu nationalism and anti-Muslim ideology. I argue that queer world-making intervenes in the paradoxical exercise of the recognition of queer rights in the service of the exclusionary policies of emerging nationalisms.
Analisis Maqasid Al-Syari’ah dan Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan terhadap Dampak Perjanjian Kerja Waktu Tertentu (PKWT) bagi Keluarga Karyawan
Authors: Amri Aulil , Legsa Nova Rina
Published: February 2023

Prinsip perjanjian kerja antara pengusaha dan pekerja/buruh memiliki kedudukan yang sama, namun dalam praktiknya pengusaha memiliki kedudukan yang lebih tinggi, oleh sebab itu dalam penerapan perjanjian kerja waktu tertentu (PKWT) belum berjalan sesuai dengan ketentuan yang berlaku. Penulis menggunakan pendekatan yuridis emperis digunakan untuk memberikan gambaran secara kualitatif tentang efektifitas hukum terhadap perjanjian kerja Waktu Tertentu (PKWT) antara pengusaha dan karyawan. Dengan metode tersebut diharapkan dapat membandingkan aturan yang ada dengan pelaksanaanya atau kenyataan di lapangan. Berdasarkan hasil penelitian terkait pelaksanaan dan penerapan PKWT di PT. Satya Agung masih ditemukan beberapa hal yang tidak sesuai dengan ketentuan perundang-undangan yang berlaku seperti diterapkannya masa percobaan terhadap calon karyawan selama 3 (tiga) bulan. Hubungan antara maqāṣid al-syarī’ah dengan sistem perjanjian kerja waktu tertentu dapat dilihat melalui telaah konsep syariah dalam bekerja, perlindungan terhadap tenaga kerja harus memperhatikan unsur-unsur maqāṣid al-syarī’ah dalam mencapai kemaslahatan, tujuannya agar perlindungan terhadap karyawan kontrak dapat terpenuhi karena tak jarang kontribusi yang diberikan karyawan kontrak terhadap perusahaan sangat besar. Hal ini akan berdampak terhadap nafkah dan kesejahteraan keluarga karyawan.
Rekognisi dan Redistribusi dalam Pencapaian Keadilan Sosial: Analisis Komparatif Terhadap Model Teoritis Nancy Fraser dan Axel Honneth
Authors: Miswanto Agus
Published: February 2023

Artikel ini mengkaji tentang teori dan pendekatan rekognisi dan redistribusi yang gagas oleh dua ilmuan kritis, Nancy Fraser dan Axel Honneth. Kedua orang ini melakukan kritik terhadap teori sosial yang selama ini dianggapnya tumpul dalam melihat persoalan ketidakadilan social. Kedua orang ini menganggap bahwa teori social selama ini melihat suatu problem hanya dalam bingkai perspektif tunggal, sehingga yang terjadi ketidakmampuan melihat ketidakadilan social yang di luar jangkaun keilmuan ataupun perspektif yang bersangkutan. Oleh karena itu, kedua orang ini menawarkan gagasan teoritis perspektif yang luas dengan beragam pendekatan. Nacy Fraser menawarkan konsep dualism-perspektif, yaitu melihat ketidakadilan social dengan dua kaca mata keilmuan yang tak terpisahkan yaitu rekognisi dan redistribusi secara bersamaan. Sedangkan Axel Honneth menawarkan monism perspketif, yaitu melihat ketidakadilan social dengan rekognisi yang menjangkau hukum dan ekonomi secara blended.
Hak Asasi Manusia Islam dan Barat: Studi Kritik Hukum Pidana Islam dan Hukuman Mati
Authors: Asnawi Habib Shulton
Published: February 2023

In the human, there is a universal and binding standards. Thus, the principle of respect (to respect), protection (to protect) and fulfillment (to fulfill) Human Rights describes as "jus cogens". That is, a fundamental principle of international law that countries can not be refused because the collective agreement. The principle is the right to life (rigts of live). However, there is particular debate on the universality of Islam and Western standards and there are problems associated with implementing the in practice. Standard of debate in because of the universality of crossing cultural boundaries, particularly religion and each tradition has a frame of reference (frame of reference) and their respective international traditions and norms define the validity of the teachings of their own resources. In this case, the ongoing debate relating to the death penalty law in which Islam and the West has standardized the concept of human rights respectively. Death penalty law contained in the law of Islamic criminal law sharp criticism from the West. Which the death penalty, considered to have a discriminatory character, cruel, inhuman and violating human rights (right to life). This debate, would complicate the enforcement of human rights, especially related to death penalty law, as well as in the plains protection national law enforcement in Indonesia, especially modern law.
Hak Berkeyakinan dalam Tatanan Hukum
Authors: Mangunsong Nurainun
Published: February 2023

Religious right and faith are fundamental terms in religious life in Indonesia. As a religious community that is in the basic frame of the Pancasila state, then the society must give respect and guarantee protection for the followers of different religions and faiths. Therefore, the faith must be stand in line with religion. If not then the injustice will keep coloring nation's constitutional life of Indonesia and become blurry print as a nation upholds Bhineka Tunggal Ika.
Problematika Hakim dalam Menghadapi Antinomi
Authors: Tahir Ach.
Published: February 2023

In deciding some cases, judges might get various antinomies. Antinomy is a contradiction between legal interests based on justice of each disputed party. The made decision must proportionally contain three principles: certainty, usefulness, and justice. If they obtain the contradiction between the principle of justice and legal certainty, they should prioritize the former. If they get the contradiction between an old statute and a new statute not abrogating the old one, they must enact the new one (lex posteriori derogat legi priori). If they find the contradiction between a superior statute and an inferior statute, they must use the superior one (lex superior derogat legi inferiori). If they get the contradiction between a statute and an court decision (Jurisprudence), they must use the latter (res judicata pro veritate habetur). If they get the contradiction between a statute and a custom law, they must prioritize the latter.
Menyegarkan Kembali Pemahaman Teori Demokrasi dalam Wacana Ketatanegaraan Melalui Pemikiran Hans Kelsen
Authors: Malian Sobirin
Published: February 2023

Sustainability of a country necessitates the existence of a strong constitutional rule. State based on democracy, according to Hans Kelsen requires people that agree on the meaning of democracy, as well as understand the workings of democracy and its usefulness to their lives. A strong democratic is rooted from will of people and aims to achieve shared welfare. Democracy must be related to the will of the people. Therefore, the socialization of the growth and development of understanding for democracy is necessary to be continued for the community, especially for people who live in developing countries. In constitutional discourse developed by Hans Kelsen, the problem of democratic process leads to accountability of government, legislature and judiciary institution from electorate.
Politik Hukum Undang-undang Kekuasaan Kehakiman
Authors: Hambali H.M
Published: February 2023

The Republic of Indonesia is a unitary state in the form of a republic,sovereignty belongs to the people and the law is not based on power alone. Sovereigntybelongs to the people, the highest authority is the people. To enforce the law, Article 24paragraph (2) of the 1945 Constitution specifies that judicial power exercised by aSupreme Court and judicial bodies underneath it in the public courts, religious courts,military courts, administrative courts, and by a Constitutional Court. Agencies whosefunctions related to the judicial authorities set out in the Act. Act No. 48 of 2009 onJudicial Power, is based on the interests of the people.
Kajian atas Pelaksanaan Pengadaan Tanah untuk Kepentingan Umum: Studi Pembangunan Pembangkit Tenaga Listrik PLTA Upper Cisokan Pump Storage 1040 MW
Authors: Supriyono Supriyono
Published: February 2023

Implementation of land acquisition for public interest is a phenomenon we oftensee today in the media-print and electronic media. One provision of land for publicpurposes is the construction of power plants. Development of the electricity sector aims topromote the welfare and intellectual life of the people to realize the ideals of the nation,to create a just and prosperous society and unseen evenly throughout the archipelago.Electricity Law No. 30 Year 2009 In Article 27 asserts that the Permit HolderPower Provider reserves the right to use the land for public use in the electricity sector. inthe implementation of electricity development obstacles and barriers both in terms oflocation determination permit the project land acquisition and the relocation of the landaffected by the electricity development plan. Delays in the process of licensing theselocations because the local government found because PLN is not a government agency.While the relocation of people due to the inhibition of indemnity still require negotiationwith the local Land Acquisition Committee.
Tinjauan Kritis Terhadap Peraturan Mahkamah Agung Nomor 2 Tahun 2012 Tentang Batasan Tindak Pidana Ringan dan Jumlah Denda dalam KUHP
Authors: Tahir Ach
Published: February 2023

Justice is one of the purposes of any legal system, even the most important is mygoal. There are still other legal purposes is also always the purpose of the law, namelyjustice, rule of law, expediency, and order. However, from the fourth grade, according tothe Greek philosopher, Plato, justice is the highest virtue. According to Plato justice is"Justice is the supreme virtue roomates Harmonize all other virtues." However, theSupreme Court Regulation No. 2 Year 2012 About Limits Lightweight CrimePenalties in the Criminal Code and the amount still falls short of justice as a whole.PERMA No.2/2012 only protect the suspect, not protecting the victim if the limit isonly a nominal loss of USD 2.5 million, but it should not be detained suspects andvictims should not be an appeal. Rp 2.5 million in Jakarta probably not worth much.But in the area, the number is very large. However, with the Supreme Court No.2/2012, the victim can not do much because the case was only a minor criminaloffense.
Gagasan Judicial Review dan Terbentuknya Mahkamah Konstitusi di Indonesia
Authors: Windrawan Puguh
Published: February 2023

The Constitutional Court plays a central role in the democratic systemgovernance. With a solid perspective of balancing state power, the court has been set upto interpret and review of conformity of every act and regulation. In Indonesia, aconstitutional court presence has an important meaning amid power shifting processes.As the supremacy to some extent moving away from the executive authority, theconstitutional court appears as the most prominence body instead of legislative board. Inaccordance with its duties and functions, the institution is able to give juridicalinterpretations to examine every regulation against The Constitution of The Republic ofIndonesia 1945.
Reformasi Konstitusi Indonesia: Fenomena Transisi Kekuasaan
Authors: Polamolo Susanto
Published: February 2023

One of the main demands of the momentum of reform in Indonesia is aconstitutional 1945 amendment, is due to the pre-reform constitution have not been able to achieve democratic governance, and even tended to authoritarian and centralized.And has devastated all pillars of democracy, weak law enforcement and respect for human rights, as well as the role of local fecklessness. Exactly in this section, the constitutional reform carried in one hand bring a change in the structure of the political system, but noted the issue of overlapping of authority between state institutions which of course can affect performance and cultur democratization which would be built.Presumably indeed, constitutional reform in addition to opening democratic space, also opened a dimensional complexity of the constitutional problem.
Peran Kepala Daerah dalam Perspektif Ketahanan Nasional Untuk Membangun Pendidikan Politik Masyarakat
Authors: Malian Sobirin
Published: February 2023

This paper is motivated by a sense of concern about the decline of moral values and ethics in building political community, particularly in the area. Until now, politics in the region have not been able to make people comfortable and at ease, and yet can be the life of the nation and the state. Whereas in Indonesian politics, it is often assumed by the party of democracy (elections), but it proved to be opening it up to the cult crime of corruption, vote inflation and so forth. Therefore, it is necessary that local leaders are able to bring to the region a good and clean politics. It is necessary in the political culture of the principle of Godhead, this is what distinguishes Indonesian political culture with the political culture of other countries. Conception will be structured as accountable as religious (moral) makes the politicians to be more accountable. For technical, political culture can be built through the party system is not reference material. Focus of study in this paper is the role of the head in the area of national security perspective, especially in efforts to build political education community.
Membongkar Paradigma Positivisme Hukum dalam Pemberantasan Korupsi di Indonesia: Pemenuhan Hak Asasi Manusia dalam Negara Hukum
Authors: Asnawi Habib Shulton
Published: February 2023

Thinking in this paper, motivated by concerns about increasing corruption cases in Indonesia, both central to the regional level. This is due to law enforcement (Judges, Prosecutors and Police) in Indonesia is still dominated by the paradigm and way of thinking "positivistic-legalistic", especially in the interpretation of law. Corruption affects the country's financial losses, destroying human resource, social, natural, democratic system and the rule of law. Thus resulting in poverty, ignorance, misery, and destruction of the Indonesian nation. Therefore, dismantle legal positivism paradigm is a necessity, in order to fulfill Human Rights (HAM) notably in the concept of rule of law in Indonesia.
Eksistensi Delik Adat dalam Kontestasi Hukum Pidana Indonesia
Authors: Mujib M. Misbahul
Published: February 2023

Indigenous offense is an act that violates the sense of justice and propriety inpublic life, sahingga cause disruption of public peace and order to restore balance, thenSo, Customary law offense is a whole unwritten law that determines the existence of violations of customary deeds and all attempts to restorea state of equilibrium is disturbed by such actions.there is the customary reactions.encouraged the emergence of an ongoing debate since the beginning of the independence ofIndonesia on whether custom could be one source of law in the Indonesian constitution. Therefore, the focus in this study is the existence of Indigenous offense in Indonesiancriminal law system. The conclusion in this paper can be said that the offense is a violation of Indigenous customary criminal and civil. In solution, preferably an elementHowever, Indigenous offense hasof peace through justice of the peace as the controlling offense Indigenous village. If not tercapa peace, then the elders can provide appropriate sanctions and the background dueto the violation.
Memahami Pluralisme Hukum di Tengah Tradisi Unifikasi Hukum: Studi atas Mekanisme Perceraian Adat
Authors: Mujib M.Misbahul
Published: February 2023

Indonesia as a country necessitates the unification of law. This is a problembecause Indonesia sociologically has many different tribes where until now still enforcecustomary law. The last few years the development of customary law where it issupported by national and international regulations. Legal unification allegedly as asingle approach will bring socio-political impact, because it will roughly relegate existinginception before the state made. The law of marriage is also not spared from theseproblems. One side the government enforce the law of marriage as unification productbut on the other hand he had to respect, preserve and even develop customary lawmarriage that is still widely used in the community. Divorce through the religious courtshas been applied but there are still many people who do divorce through traditionalmechanisms. The approach to this problem should be put forward to the wise attitude bynot prioritizing one and exclusion of the other. So that each can actually complementeach other and can survive simultaneously.
Konsep Ketertiban Umum dalam Hukum Perdata Internasional: Perbandingan Beberapa Negara Civil Law dan Common Law
Authors: Wahyuni Sri
Published: February 2023

This article discusses about public order in the Private Internationale Lawcontext, relating to the acceptance to the foreign law in a country. Every country has thepublic order although they are different in concept and implementation. This publicorder principle is important as an emergency filter when a country faces a foreign law. Ifthe foreign law is incompatible to the public policy of the country, the foreign law can beignored. The country may use it own national law. The implementation of public orderprinciple relates to the other principles in the Private International Law, such asnationality, domicile and vested rights principles.
Eksistensi Densus 88: Analisis Evaluasi Dan Solusi Terkait Wacana Pembubaran Densus 88
Authors: Muhtar Zainal
Published: February 2023

Corruption was considered detrimental to social and economic rights ofIndonesian society that is an extra-ordinary crime and a common enemy Indonesiansociety and the nation as a whole. Therefore, necessary extra-ordinary enforcement andextra-ordinary measures anyway. One such action is to conduct a comprehensive shift tothe existing verification system, by applying the reversal of burden of proof (omkeringvan bewijslast) in PTPK Act. The application of this principle tends to cause the shiftof the presumption of innocence to the presumption of guilt, whereas protection andrespect for Human Rights defendant can not be reduced at all and for any reason (nonderogable right). This paper attempts to examine the application of the reversal of theburden of proof (omkering van bewijslast) in the theoretical study and practice, to find atheoretical justification for the application of the reversal of the burden of proof inrelation to human rights perspective defendant.
Penegakan hukum Terhadap Pelanggaran Hak Cipta VCD di Yogyakarta: Studi Kasus di POLDA DIY
Authors: Utomo Arif Budi
Published: February 2023

At this time, Copyright protection in Indonesia has undergone many changesand improvements. the protection egulated in Law Number 19 of 2002 on Copyright.But the reality is just the opposite occurs, more people who violate copyright. Widespreadcirculation of VCD, CD / MP3 and DVD piracy in the region that includes the cityof Yogyakarta Kota Gede Market and along the way Mataram is one indication of therising Copyright infringement. The data obtained from the Yogyakarta police during2005 through 2013, only one case has been handled. From the background of theproblem it may be withdrawn at issue as follows: 1. How does law enforcement againstviolators Copyright in Yogyakarta, 2. What are the constraints faced by theYogyakarta police in handling cases of rights violations in the region of Yogyakarta.The results of these studies are Yogyakarta police use two ways to deal with cases ofCopyright infringement in Yogyakarta. These efforts include enforcement (repressive)consisting of inquiry, investigation, arrest, searching and foreclosure and prevention(preventive) consisting of dissemination to the public on Copyright and meetingcoordination with the Province Government of Yogyakarta. Barriers experienced byYogyakarta police on law enforcement efforts include: economic background of the peopleof Yogyakarta, counterfeit of goods coming from outside Yogyakarta, lack of publicawareness regarding the protection of the Copyright, the lack of cooperation on the partof traders to prevent violations of rights in Yogyakarta.
Kebakaran Hutan di Indonesia dan Proses Penegakan Hukumnya Sebagai Komitmen dalam Mengatasi Dampak Perubahan Iklim
Authors: Tuhulele Popi Tuhulele
Published: February 2023

Indonesia's commitment to reduce the impact of global climate change on theratifying conventions ujudkan with the UN on climate change (UNFCCC). Thismeans that Indonesia has the responsibility to demonstrate to the internationalcommunity as well as to peminpinannya komiten in addressing climate change impacts.However, the condition of Indonesia's forests continue to burn since the last 10-20 yearsthe international community raises questions about the commitment of Indonesia inpreventing climate change. Associated with these will be described in this paper abouthow the forest fires in Indonesia and the law enforcement process as a commitment totackling climate change. Discussion conducted in this peper systematically conducted inaccordance with the scope of the theme of this paper is about the commitment ofIndonesia and the implementation of law enforcement sepagai komitmnen indonsesiaagainst climate change
Karakteristik Pelanggaran Pemilihan Kepala Daerah Kabupaten Lombok Timur Tahun 2013 Perspektif Good Governance
Authors: Jaelani Abdul Qodir
Published: February 2023

The general election is a manifestation of the people‟s softreight in order toproduce a democratic goverment, elections that are direct, general, free, confidential,honest and fair can only be realized if the election management has high integrity andunderstand and respect the civil and political rights of citizens. Weak electionpotentially undermined qualified election organizers have a duty to hold elections byinstitutional national, permanent and independent. One of the importan factors for thesuccess of election it self, the election commission, ellaction watchdog, and honorary boardof election.
Pemidanaan terhadap Korban Psikotropika (Tinjauan Viktimologi dalam Penjatuhan Pidana terhadap Penyalahguna Psikotropika)
Authors: Ariyanti Vivi
Published: February 2023

The misuse of psychotropic is classified as “crime without victim”. It isincluded as a norm deviation which does not cause a lose or danger to other people.In this case, the one who become victim is the doer himself. For the user, he has to get a protection in a for of rehabilitation. This rehabilitation is for recovery and it is regulated in pasal 41 UU No.5 Tahun 1997. In the misuse of psychotropic, criminalizing in a narrow point of view is to send the criminal to the prison. This treatment is not perfect for those who already in serious condition or those who need rehabilitation and medical watch-out, this criminalizing leads to worse effect.
Penetrasi Pesantren terhadap Penetapan Perda Syari’ah di Tasikmalaya
Authors: Darnela Lindra
Published: February 2023

There are two major in the struggle discourse formalization of Islamic law. The first group is the pesantren leaders who agree with the formalization of Islamic law in Tasikmalaya district, while the second group is denied the formalization of Islamic law in Tasikmalaya. Patterns of thought and understanding of religious texts to be one of the basic choices attitude of the respective leaders of pesantren (Kyai). The attitude of the kyai in their support by signing in to be part of a successful team of the legislative and executive candidates who promised to bring forth specific regional regulations based on Islamic law. Whilst the attitude does not agree with the formalization of religion is silent and there are also other ways, such as by putting up banners that are not religious nuances to show disagreement to the formalization of religion in Tasikmalaya.
Upaya (Hukum) Termohon Ikrar Talak yang Tidak Ditalak dalam Persidangan Pengadilan Agama
Authors: Khairun H Ahmad
Published: February 2023

In divorce cases, the absence of the respondent or wife has no effect on the exercise of the talaq pledge, talaq pledge can still be carried out even if the respondent or wife is not present. But conversely, the absence of a husband in a divorce trial as Petitioner pronunciation divorce pledge has legal implications extraordinary. Article 70 paragraph (6) of the Law on Religious Courts asserted that without the presence of the husband in the trial pronunciation pledge divorce causes a court decision religion that had permanent legal force becomes null and void and has implications for the status of marriage between the Petitioner and the Defendant remains valid and binding as normal. The absence of the rule of law that can be coercive power for the Petitioner to carry out the verdict, it does not negate the legal remedies that can be done by the wife as a defendant to fulfill his legal rights. Legal remedies that can be dane include 1) Telling on neglect that happened to the authorities by using laws instruments of domestic violence elimination, 2) filing for divorce, as in general, 3) applying for judicial review to the Constitutional Court, or 4) applying for the execution of the content of the pledge decision/determination of divorce case to the religious court.
Prinsip Keadilan dan Musyawarah dalam Hukum Islam Serta Implementasinya dalam Negara Hukum Indonesia
Authors: Hariyanto Hariyanto
Published: February 2023

Social equity and the principle of musyawarah within the law state of Indonesian is a fundamental principle. This article proves that, according to Islamic law, justice can be seen from two aspects, legal justice and social justice. Legal justice is closely related to the implementation of the law, while social justice different from the concept of social justice socialist-communist or liberal groups. The concept of social justice based on the notion of social welfare, while principle of musyawarah is based on the family spirit.
Peradilan Agama di Era Orde Baru dan Reformasi Suatu Studi Perbandingan
Authors: Ibrahim Malik
Published: February 2023

This paper compared the condition of the Religious Courts in the New Orderwith the Reformation Order, especially the political dynamics in the New Order and thetime of the Reformation and its influence on the condition of the PA in Indonesia. Inhopes of getting the red thread of the results of these comparisons.The approach used inthis paper is the juridical and legal politics in order to test the thesis that the conditionof a democratic society will produce responsive laws or populistic, while the condition ofsociety restrictive laws will produce conservative or orthodox and elitist.As a result of this paper is that the condition of the Religious Courts in theNew Order to Reform Order appears to occur a significant difference, in the NewOrder because the politics are authoritarian, centralized and undemocratic then makethe Religious Courts as the judiciary is not independent and marginalized whencompared with other justice in Indonesia. While in the Era of Reform where the politicsare increasingly democratic and not centralized, the effect on the condition of theReligious Courts are increasingly developed and developing, both from the aspect ofjudicial and non-judicial, especially after the enactment of Law No. 4 of 2004 on thePrinciples of Judicial Power, Law No. 3 of 2006 on Amendments To The Law 7Year 1989 on PA and Law No. 50 Year 2009 concerning the Second Amendmentto Law No. 7 of 1989 on the Religious Courts.
Interaksi Konfigurasi Politik dan Hukum dalam Rancangan Perubahan Kedua atas Undang-Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi
Authors: Jaelani Abdul Qodir
Published: February 2023

This paper discusses the Configuration Interaction Politics and Law in theDraft Second Amendment Act No. 30 of 2002 on the Corruption EradicationCommission. Configuration Interaction is known in the Draft Political and LawSecond Amendment Act No. 30 of 2002 on the Corruption Eradication Commission.If you dig deeper, the rule of law-related legislation and a democratic politicalconfiguration, should the legislation will bring forth legislation that is aspiration. Infact, a lot of cargo Draft Second Amendment Act No. 30 of 2002 on the CorruptionEradication Commission is problematic (not aspiration) in the era of the democraticsystem of Pancasila.
Eksistensi Konvensi sebagai Sumber dan Praktek Ketatanegaraan di Indonesia
Authors: Arbani Tri Suhendra
Published: February 2023

Constitutional convention is one means for evaluation and improvement of the Constitution. Thus it can be said that the constitutional convention has a very strong position in the Indonesian legal system. Constitutional convention is part of the unwritten constitutional law norms that serve complementary, menyempurkan or even change and declare void substance written Constitution (UUD 1945) as the highest legal norms in the Republic of Indonesia. The Convention is not merely a habit that dialakukan by officials pemrintah but actually the constitution is a form of constitution is not written that has the function as a source of Constitutional Law and as the practice of state within a state, it can be seen from the practice that has been done by the leaders of nations and agencies -state institutions. So the presence of the convention has been enrich knowledge in practice and a source of state administration as well as cover the weaknesses of a written constitution.
Tax Amnesty dan Implikasinya Terhadap Reformasi Perpajakan di Indonesia
Authors: Jaelani Abdul Qodir , Basuki Udiyo
Published: February 2023

This paper concludes the meaning of the juridical tax amnesty is the elimination of the taxowed should not sanction tax administration and criminal sanctions in the field of taxation, by wayof uncovering treasures and pay the ransom as stipulated in the legislation of tax amnesty. Remissionof taxes (tax amnesty) done on the type of income tax, value added tax and sales tax on luxurygoods. As for his relationship with the country's financial revenue receipts can be found in Article 1,Paragraph 1 of Law No. 17 of 2003 which states that the financial state has one of the definitionsand scope of that right of the state to collect taxes. Taxes are the backbone and the main source ofstate revenue that has contributed 84.9% of total state revenue. Second, the program remission oftaxes (tax amnesty) greatly affects the improvement of tax compliance (tax payers) and provides alast chance (one shot opportunity) for taxpayers who do onshore and offshore tax evasion with theprimary purpose as a vehicle for reconciliation national taxation for all potential taxpayers andsociety is expected to push tax reforms towards a more berkeailan tax system and the expansion ofthe data base of taxation more valid, comprehensive and integrated.