bluuebunny/crossref_metadata_2025_split huggingface dataset:
Realization of res judicata principle in civil proceedings: the experience of foreign countries
Authors: Tsuvina Tetiana 
Published: June 2020

The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary.
The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata principle: positive and negative one. The negative effect of res judicata is aimed at preventing the re-consideration of identical disputes between the parties if the dispute has already been resolved by the court, in turn, the positive effect of res judicata allows the parties to refer to circumstances that have already been established by a court decision in the dispute between them, in new proceedings, where they are involved.
It is concluded that there are significant differences in the understanding of this principle in common law and civil law legal systems. The common law countries have a broad understanding of the res judicata principle, which includes positive and negative effects, and is implemented through such institutions as the claim preclusion and the issue preclusion. Civil law countries follow a narrow approach to understanding of res judicata principle, which is limited only by the negative effect and is reflected in the claim preclusion, which blocks filing an identical claim if there is a final court decision on the dispute between the parties.
In common law jurisdiction there is a wider conception of the “claim”, according to which it is understood in the context of entire dispute and comprise all claims based on the legal relationship between the parties, whether or not they were the subject of court proceedings. At the same time in civil law countries identity of the claims can be notified with the help of the triple identity test, which contains the identity of the subject of the claim, the identity of the cause of action and the identity of the parties of the claim.
Trademarks and Commercial Names: Trouble Aspects of Legal Regulation
Authors: Petriaiev Sergii , Kogut Natalya 
Published: June 2020

Trademarks and commercial names, their regulation drawbacks are investigated in the article. The main attention the authors pay to appearance right to trademarks and commercial names and their protection. Possibility to protect commercial names after their first using without procedure of registration that is provided by Paris Convention led to plenty claims and issues about its correct using and right owners. Also, it is forbidden to register as a trademark any sign which was ever used by any kind of entity or individual entrepreneur as a commercial name despite of how long ago it was. The law doesn’t anticipate that using should be constant and any kind of possibility to annul right on commercial name under its non-use for some period of time as it is done for trademarks (three years of non-use is the ground to annul right on trademark). Besides Ukrainian law protects name of the entity together with its legal form but exactly name, not the legal form, has an identifying role, that’s why the authors propose to provide legal norms, which will ban a possibility to register the same names for different entities despite of their legal form.
In addition, Ukrainian and European legislation allow protecting trademarks under the ground of announcing them well known through courts. Such procedure isn’t provided for commercial names but the law doesn’t forbid to use the same commercial names by different entities in different kinds of activity. However, any entity may freely change or extend its activity without any special procedure and commercial names cannot be registered because there is no registration and even Paris Convention doesn’t provide different classes of products and services for commercial names as it is done for trademarks (Nice Classification under Nice Agreement). Ukraine has more than 25 kinds of legal forms of entities and their unions all of them may have the same name despite of kind and sphere of their activity, this leads to troubles with protection against unfair competition and troubles with identification of different entities. Thus, the authors propose to protect only registered trademarks and commercial names and to provide unique names and unique commercial names for every entity.
Problems of domain names protection, defense against unfair competition and cybersquatting are investigated. In Ukraine exists ban for using in domain names the same or very similar signs with registered trademark in connection with the same or similar class of products and services. But there is no ban for using in domain names the same or very similar sign with existing commercial name. It needs revising both for protecting commercial name owners and consumer rights against mislead. It is also worth to provide a possibility to protest cybersquatting in meaning to protest the same with famous character or product trademark registration ones using of its sign preceded the trademark registration by another person than the person who registered it.
The highest courts’ activities as a factor establishing precedent in the capacity of a source of Ukrainian law
Authors: Nepyivoda Vasyl , Nepyivoda Ivanna 
Published: June 2020

The Ukrainian legislation does not apply the term «precedent». It is understandable for the legal system of the Romano-Germanic family. However, judicial precedents serve as de facto source of Ukrainian law. Activities of the highest judicial institutions, the European Court of Human Rights (ECtHR), the Constitutional Court of Ukraine and the Supreme Court, providing guidelines on application of particular legal rules are principal contributors for this state of affairs. The paper provides an overview of such activities in order to evaluate the process and its prospects.
Covering the ECtHR activities, it is noted that the key elements of precedent law, such as application of stare decisis doctrine, ratio decidendi and obiter dictum components in decisions, are available there. Ukrainian courts are obliged by the statutes to apply ECtHR judgements and decisions in their own cases. Hence, the judicial precedents created by the ECtHR are the source of Ukrainian law. This discussion is followed by an analysis of the Constitutional Court of Ukraine decisions. It is concluded that been interpretative precedents they serve as a source of law as well. The third institution under examination, the Supreme Court, is empowered, inter alia, to formulate in its rulings guidelines for the application of law in a variety of situations. Since such rules are binding on the courts and other authorities, they have inherent features of the precedents and should be considered as a source of law.
The article summarizes that Ukraine falls within the continental Europe’s general trend. It implies the significant growth of the role of the European and national courts as a rule-making institutions resulting in reinforcement of the precedent as a source of law and its formalization in terms of the civil law jurisdictions. In general, such process allowing prompt adaptation to the contemporary realities is positive. To facilitate it, the term «precedent» have to be introduced into the practical area. In particular, the role of judicial precedent as a source of law should be reflected in the Ukrainian procedural legislation.
Amnesty for combatants involved in armed condlicts: between peace and justice
Authors: Ivzhenko Diana 
Published: June 2020

The article deals with amnesty for combatants, who committed crimes in international armed conflicts or armed conflicts of non-international character in foreign countries, there are also explored conclusions and recommendations of international government and non-government organisations on exemption combatants from criminal liability.
It’s obviously, that amnesty does not apply to the perpetrators of such crimes as genocide, crimes against humanity, war crimes, torture, enforced disappearances, and some others.
Considering the extended armed conflict in the east of Ukraine, it’s extremely necessary to examine the institution of amnesty within the context of diplomatic and peaceful measures of ending the conflict. As far as Ukraine is concerned, amnesty in Ukraine is a step towards general reconciliation of the society given serious work and understanding within the society is completed.
Moreover, in article discussed the question on specificities of amnesty's implementation in context of armed conflict on temporary occupied territories of Donetsk and Luhansk regions. Special attention is focused on binding terms of amnesty for combatants.
As a conclusion, author of this article states on some necessary conditions for implementing the amnesty for combatants in post-conflict society. These conditions are:

Disarmament, demobilisation, reintegration. This is one of the most controversy and difficult steps. Combatants only then are going to be disarmed when they feel their safety under international and national law.
There is a list of human rights violations that may not be pardoned by the amnesty: genocide, crimes against humanity and war crimes.
The nation and victims of the armed conflict have to know the truth about all violations of human rights according to international humanitarian law and international human rights law.

It’s important to understand, that amnesty is one of the institutions in oust-conflict society, that aimed for the end of the conflict, stabilisation of the politica; situation in the country, disarming and reintegration.
PERAN ULAMA SEBAGAI RESOLUSI KONFLIK CAROK DI DESA KALIBOTO KIDUL KECAMATAN JATIROTO LUMAJANG
Authors: Ghofur Abdul 
Published: June 2020

Violence cannot be separated from the role of humans as the perpetrators. One of the many cultural activities owned by Madurese tribe in Kaliboto Kidul, Jatiroto, Lumajang is carok, a deeply rooted culture that has become a tradition. Inspired by A Latief Wiyata's thoughts, the problem that will be raised in this research is how the role of local ulama to resolve such problem. This study employs qualitative research with a descriptive approach. Its orientation is to understand the meaning of the indications and phenomena that occur in Kaliboto Kidul, Jatiroto, Lumajang. In the process of retrieving data, researchers uses observation, interview and documentation techniques. Data analysis techniques used are data reduction, data presentation and conclusion drawing. The results of the study shows that carok in this area is described as an attempt to kill each other which is committed by men using sharp weapons in the form of celurit. The causing issues are self-esteem harassment, inheritance and revenge actions.
Key words: Ulama, Carok, and Criminal Law
OPTIMALISASI MEDIA SOSIAL PESANTREN UNTUK MEMBENDUNG KONTEN NEGATIF DI DUNIA MAYA
Authors: Farid Achmad 
Published: June 2020

The emergence of new media era allows the spread of positive contents (inspiring and useful subject) and negative contents (hate speech and hoaxes) through cyberspace. Islamic Boarding Schools (Pondok Pesantren) which have large mass of santri (students) have a strategic position to repress the dissemination of mentioned negative content. The applied method is optimizing social media as a channel for spreading positive content with the spirit of rahmatanlil ‘alamin.
Key Words: New Media, Islamic Boarding School (Pondok Pesantren), the Spirit of Rahmatanlil ‘Alamin
REJUVENASI PARADIGMA DAKWAH DI ERA 4.0
Authors: Darwis Mohammad 
Published: June 2020

This article discusses rejuvenation of Islamic da'wah paradigm in the fourth industrial revolution era, by critically examining the process of social change in society. The era developes technology, while bringing positive and negative effects to society. The public will inevitably face the impact of Industry 4.0, in the form of political, cultural, economic, and ideological aggression. This will further marginalize and disqualify the traditional structures of established communities. Likewise the development of technology as intended also becomes a challenge to the da'wah movement, both concrete and ideological. The emergence of science and technology in this era could have a destructive effect on the da’wah movement and the process of broadcasting Islamic missions to the public. Likewise the emergence of various understandings and ideologies can shift the existence of da'wah, which in turn will push the scope and pace of the da'wah movement. Therefore, in this area, the da’wah movement is required to be able to provide new paradigms that are able to transfer messages of Islamic teachings to the public, so that the existence of Islamic da'wah can always be maintained. Based on the description above, this article describes the challenges and opportunities of da'wah in era 4.0, how to find a new paradigms, the significance of Islamic da'wah in response to technological developments, and the reconstruction of da'wah in era 4.0. Then, at the end of this articles, there is a recommendation about how to do effective da’wah in the fourth industrial revolution era.
Key Words: Paradigm of Da'wah, Da'wah, The Fourth Industrial Revolution Era, Rejuvenation
KEBIJAKAN KOMISI PENYIARAN INDONESIA TERHADAP KONTEN TELEVISI EDISI RAMADHAN
Authors: Najikh Ahmad Hayyan , Ardy Zaini Muhammad 
Published: June 2020

The research entitled " THE KPI POLICY IN THE TELEVISION INDUSTRY (Case Study of KPI Policy on Content of Television Broadcasting Program Ramadhan Edition)" is motivated by the lack of maximum role of the government in creating situations and conditions conducive to worship in the month of Ramadan, especially in the realm of television media broadcasting the Ramadan edition)". The concrete form is that some of the da'wah programs on television present more shows than guidance, some deviate to the point of lacking in everyday examples. Whereas television, if seen from the perspective of da'wah, can be said to be an effective da'wah media. And the role of government here is institutionally represented by KPI (Indonesian Broadcasting Commission). This study aims to find out exactly how the Indonesian Broadcasting Commission's policies towards television media content, especially during the month of Ramadan. Because of KPI's findings, found violations committed by television media are a repetition of previous years. This research is a qualitative study using policy analysis as a methodology for analyzing KPI policies, which includes collecting data from online news, the Broadcasting Law, KPI's official website and MUI statement, and then analyzing the findings. The results show that if theoretically, the policies issued by KPI institutions are legally strong and must be obeyed by all parties related to KPI institutions. But in reality there are still those who have not yet implemented it. And when related to the theories above, the factors that cause implementation to fail are due to factors such as the selection of the wrong strategy, or the wrong "machine" or "instrument"; "Programming" bureaucracy is wrong; the operation operation is bad; there is something wrong at the "executive level"; or a bad response to a problem. From these factors, it could be that the factors within the KPI are the poor level of implementing policies. The lack of strict sanctions provided, so that KPI institutions do not have the authority in the eyes of media stakeholders. And can also be bad bureaucratic instruments.
Conflict Analysis of the Main Characters in Short Stories by Edgar Allan Poe
Authors: Bulu Maryana 
Published: June 2020

This qualitative research aims to (1) describe the types of conflicts of the main characters in short stories by Edgar Allan Poe, (2) describe the effects of conflicts of the main characters in short stories by Edgar Allan Poe. The researcher used theory by Nurgiyantoro (2002). There are two types of conflicts, internal conflict and external conflict. He divides the external conflict into social conflict and physical conflict. The data source were short stories by Edgar Allan Poe they were: (1) The Tell-Tale Heart (2017), (2) The Black Cat (2017), and (3) The Hop Frog (1849). The data in this study were in the form of main character’s dialogues or utterances, and behavior in the three short stories. Techniques of data analysis done were data reduction, data display, and data conclusion drawing and verification by Miles and Huberman’s theory (1984). The researcher found sixteen data from three short stories by Edgar Allan Poe, there were four data from The Tell-Tale Heart, ten data from The Black Cat, and two data from The Hop Frog, and the details are : Six data of internal conflicts, five data of social conflicts, and five data of physical conflicts. Then, the details of the results on the affects experienced by the main characters are : One datum of positive affect (enjoyment or joy, interest or excitement, and surprise or startle), and fifteen data of negative affect (anger or range, disgust, dissmell, distress or anguish, fear or terror, and shame or humiliation). The researcher expects the next researchers to study concept of conflict analysis or main character in different subjects.
International Students in Multicultural Classrooms
Authors: Nurbatra Laela Hikmah 
Published: June 2020

Internationalization has been done in some Indonesian universities, including University of Muhammadiyah Malang. The program has opened a wider opportunity for foreign lecturers to share their experiences with the students within the University of Muhammadiyah Malang. In addition to that, this program has also provided a greater chance for international students to enroll at the university. The number of International students in the University of Muhamadiyah Malang indeed has increased over the years. In regards to that, this present study identified challenges faced by the international students in the multicultural classroom. In doing so, the study involved six international students from two different countries; China and Thailand. The students studied at English Language Education Department, Faculty of Teacher Training and Education. Using questionnaires and a semi-structured interview, this study analyzed the result thematically. The research findings revealed five areas of challenges that the International students experienced in the university.
PILIHAN MEDIA PEMBELAJARAN DARING OLEH GURU PAI DI BENGKULU TENGAH
Authors: Elianur Carona 
Published: June 2020

Abstract: This research was conducted to find out the learning media used by islamic education teachers in implementing online learning. This online learning is carried out throughout schools in Indonesia, to prevent the spread of coronavirus (covid-19). The formulation of the problems in this study are: (a) What is the media used by islamic education teachers in Bengkulu in teaching online ?; and (b) What is the response of islamic education teachers in Bengkulu Tengah to online learning ?. This type of research is a descriptive study with a quantitative approach. The research subjects taken were islamic education teachers in Bengkulu Tengah district. Data collection techniques using online questionnaires. The conclusions obtained in this study are: (a). The media used by islamic education teachers in Bengkulu in teaching online is the Whatsapp application and zoom cloud; and (b) islamic education teacher responses in Bengkulu Tengah to online learning the majority of teachers said that online learning was not effective.
Keywords: Online Learning Media, PAI Teachers

Abstrak: Penelitian ini dilakukan untuk mengetahui media pembelajaran yang digunakan oleh guru PAI dalam melaksanakan pembelajaran secara daring. Pembelajaran secara daring ini dilakukan diseluruh sekolah di Indonesia, untuk menghambat penyebaran coronavirus (covid-19). Adapun rumusan masalah dalam penelitian ini yaitu: (a) Apa media yang digunakan oleh guru PAI di Bengkulu tengah dalam mengajar secara online?; dan (b) Bagaimana tanggapan guru PAI di Bengkulu Tengah terhadap pembelajaran secara daring?. Jenis penelitian yang dilakukan merupakan penelitian deskriptif dengan pendekatan kuantitatif. Subjek penelitian yang diambil adalah guru PAI di kabupaten Bengkulu Tengah. Teknik pengumpulan data menggunakan angket secara online. Kesimpula yang didapat dalam penelitian ini yaitu: (a). Media yang digunakan oleh guru PAI di Bengkulu tengah dalam mengajar secara online adalah aplikasi Whatsapp dan zoom cloud; dan (b) Tanggapan guru PAI di Bengkulu Tengah terhadap pembelajaran secara daring mayoritas guru mengatakan bahwa pembelajaran secara daring tidak efektif.
Kata Kunci: Media Pembelajaran Daring, Guru PAI
Pertumbuhan dan Hasil Dua Klon Ubi Jalar pada Tinggi Bedengan yang Berbeda
Authors: Haryuni Haryuni , Adnan Adnan , Fransisko Eko 
Published: June 2020

Ubi jalar merupakan salah satu makanan pokok bagi sekelompok penduduk Indonesia, karena itu tanaman ubi jalar ikut memegang peranan penting di dalam posisi lumbung pangan nasional. Penelitian ini bertujuan untuk mendapatkan tinggi bedengan terbaik untuk dua klon tanaman ubi jalar. Penelitian ini dilakukan dikebun percobaan Sekolah Tinggi Ilmu Pertanian Rejang Lebong. Penelitian ini dilaksanakan dengan menggunakan rancangan acak kelompok (rak) dengan dua faktorial terdiri atas : faktor pertama klon (k) 2 jenis yaitu : k1 = ubi jalar merah, k2 = ubi jalar madu. Faktor kedua tinggi bedengan (b) 3 jenis yaitu: b1 = 20 cm, b2 = 40 cm, b3 = 60 cm. Dari perlakuan diulang empat kali sehingga terdapat 18 satuan percobaan. Setiap satu satuan percobaan terdiri atas 3 bedengan. Hasil penelitian menunjukkan varetas terbaik yaitu klon tanaman ubi jalar merah dan tinggi bedengan yang terbaik yaitu dengan tinggi bedengan 40 cm.
Blast Waves from Magnetar Flares and Fast Radio Bursts
Authors: Beloborodov Andrei M. 
Published: June 2020

Abstract
Magnetars younger than one century are expected to be hyperactive: besides winds powered by rotation, they can generate frequent magnetic flares, which launch powerful blast waves into the wind. The resulting magnetized shocks act as masers producing bright radio emission. This theoretical picture predicts radio bursts with the following properties. (1) GHz radio emission occurs at radii

and lasts

ms in the observer's time. (2) Induced scattering in the surrounding wind does not suppress the radio burst. (3) The emission has linear polarization set by the magnetar rotation axis. (4) The emission drifts to lower frequencies during the burst, and its duration broadens at lower frequencies. (5) Blast waves in inhomogeneous winds may emit variable radio bursts; periodicity might appear on submillisecond timescales if the magnetar rotates with a ∼1 s period. However, the observed burst structure is likely changed by lensing effects during propagation through the host galaxy. (6) The magnetar bursts should repeat, with rare ultrastrong events (possibly up to ∼1043 erg in radio waves) or more frequent weak bursts. (7) When a repeating magnetic flare strikes the wind bubble in the tail of a previous flare, the radio burst turns into a bright optical burst lasting

. Locations of hyperactive magnetars in their host galaxies depend on how they form: magnetars created in supernova explosions will trace star formation regions, and magnetars formed in mergers of compact objects will be offset. The merger magnetars are expected to be particularly hyperactive.