Hasanuddin University Graduate School: Open Journal Systems
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A Critical Appraisal of the Right of Inheritance of Children Born Out of Wedlock
The phenomenon of the so-called bastard children has growth astronomically worldwide. In Nigeria, the rights of children born out of wedlock to inherit their biological fathers who died intestate was wholly dependent on the acknowledgement of paternity. This paper attempts to unravel the recent development in the law of inheritance in Nigeria with respect to children born out of wedlock. It concludes from the review of case laws in Nigeria that there is a significant progressive development of the law in Nigeria. Absent acknowledgement of paternity, children born out of wedlock may now inherit their biological fathers if they can provide other evidence of paternity, including the use of DNA technology
A Critical Analysis of Judicial Appointment Process and Tenure of Constitutional Justice in Indonesia
The judicial appointment process is one of essential elements for maintaining judicial independence and public confidence of a court. This article analyses the practices of judicial appointment process exercised by three different main state institutions in selecting constitutional justice in Indonesia where the mechanism and process for selecting them have been implemented differently. It also examines the tenure of constitutional justice, which is a five-year term and can be renewed for one term only, that may lead to another problem concerning the reselection process of incumbent constitutional justices for their second term. The article concludes that the judicial appointment process and tenure of constitutional justice in Indonesia have to be improved. It suggests that if the proposing state institutions could not meet the principles of transparency, participation, objective and accountable required by the Constitutional Court Law, the judicial appointment process should be conducted by creating an independent Selection Committee or establishing a cooperation with the Judicial Commission. Additionally, the tenure of constitutional justices should also be revised for a unrenewable term with a longer period of nine or twelve years
Atypical Rulings of the Indonesian Constitutional Court
In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011). Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (un)constitutional†concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un) constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court
The Development Standard Agreement Influences on National and International Business Practices
The rapidly growing business traffic either nationally or internationally forces the business practices to establish a standard agreement to secure the products and to protect the buyer from any risks. The standard agreement successfully meets the demand of international trade which urgently need the high speed and the accuracy. The objective of this research is to find out how does the development of agreement affect to the commerce practices and what are the requirements of standard agreement in accordance with the right and obligation. A qualitative method is applied in searching data of business practices. This study uses a normative research which guides the rule of law or determines some business standards and norms. The finding of this study show that the development of agreement strongly affects to the commerce practices, and standar agreement is urgently needed by business practices as a guideline to perform business traffic as smooth as buyer and seller expect, then both seller and buyer should know the three alternative way used as the procedures of standard agreement, namely; contract signing, notification document agreement, and notification by bulletin board. At last, a standard agreement could be accepted as legal agreement corresponding to willingness and trustworthy
New Paradigm for Local Financial Management: A Review of Local Budgeting System
Fiscal decentralization gives authority to the head of region and regional parliament to manage the local budget. The outcomes of the research indicate that the Good Financial Governance principle has been subject to frequent study in its understanding as a new paradigm for local financial management. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. In fact, the local budget has become a vehicle for corruption by the state administration is in the center of power, local autonomy shift some corruptor from the center to the local. The issue is how to manage the local budget in order to minimize corruption. If the commitment of the management of local budget is based on new principles in the local financial management, it believed that the local budget is governed annually by the local government will lead to the people’s welfare in the region. Based on such view, the Good Financial Governance principles appears to be the ideal approach to be applied in managing the local budgeting system
Transformation within Territorial Control: A case study of Wah Fu Estate, Hong Kong
Any commodity of human usage inherits the implicit human property of having a transforming life. Like human beings, they have wear and tear due to aging and usage, need to be well maintained, and are subject to transformation in order to cope with the external surroundings, and also to fulfill internal needs. However, these transformation actions do not have absolute freedom. Each activity is restricted by either explicit or implicit line of territorial control imposed by immediate authority, beyond which one does not have the authority to act upon. Considering residential built environment, where people inhabit, and which transform according to the needs of the inhabitants, the transformation actions are restricted to different levels of territorial control. In this article, a particular residential neighborhood is chosen, and the practice of territorial control is investigated on two levels, namely the individual building level, and individual housing unit level. Choosing Wah-Fu estate for the case study, which represents a typical residential built environment in Hong Kong (HK), the study exposes two basic human aspects through the study of transformation of built environment: people’s need for change the surrounding environment, and people’s yearn for practicing authority, and emphasizes how both are restricted with certain territorial control for the sake of greater benefit of collective habitation in a society
The Effect of D/t ratio on Buckling Strength Analysis of Fixed Offshore Platform
A jacket, or template, structures are still the most common offshore structures used for drilling and production. Fixed jacket structures consist of tubular members interconnected to form a threedimensional space frame. Hence, the jacket structure can be categorized into a column structure. The D/t ratio of a typical member on the jacket structure has significant influence to buckling strength. Although only the axial load acts on the jacket legs, the local and global deformation of the structural member due to this load must be taken into account. This paper discusses the effect of D/t ratio on fixed jacket platform in the buckling strength analysis. A kind of fixed jacket offshore structure namely tripod is taken as the object of the analysis. Only the axial load is considered and it is applied to all jacket legs. The material and dimension of the structure are taken based on the structural member. Crack and corrosion are not considered in the analysis. To assess the buckling strength of the structure due to the effect of D/t ratio, the Finite Element Method (FEM) is performed. As a fundamental case, the buckling strength analysis is conducted on the structure by taking two dimensional planes (2D) into consideration to obtain the critical buckling load due to the effect of D/t ratio for two dimensional plane. The result obtained by FEA is compared with the analytical solution
Production of Alkali Treated Cottonii from Eucheuma Cottonii on Pilot Plant Scale Using Response Surface Methodology
Alkali Treated Cottonii (ATC) is processed from red algae (Eucheuma cottonii) with alkaline treatment. Important factors affecting the commercial production of ATC are KOH concentration, temperature and process time. Variation in alkaline treatment conditions process will effect the yield and gel strength of the ATC. The optimum conditions for the alkaline treatment were KOH concentration, temperature and process time from Eucheuma cottonii were determined using response surface methodology (RSM). Based on the RSM approach is known that KOH concentration, temperature and process time had a significant influence on the seaweed alkaline treatment to ATC. Optimum alkaline treatment conditions obtained from KOH concentration (7%), temperature 78.81ºC and process time 2 h. Under the optimal conditions obtained the yield of 30.62% and gel strength of 1.114.69 g.cm-2
Marshall Characteristics of Hotmix Cold Laid Containing Buton Granular Asphalt (BGA) with Modifier Oil Base and Modifier Water Base
The need of asphalt mixing plant (AMP) in the hot mix asphalt (HMA) production resulting in the construction of hot rolled asphalt (HRS) is restrained mostly at the areas that possess AMP. Many remote areas or remote islands cannot possess AMP hence the construction of HRS cannot be optimized at those areas. Natural rock asphalt that deposited in Buton Island, Southeast Sulawesi in Indonesia is crushed to produce Buton granular asphalt (BGA). BGA and cold modifier were utilized to produce hot mixture that can be laid at cold temperature of 50OC to 27OC. The employment of hotmix cold laid mixture containing BGA and cold modifier as pavement mixture is one solution to substitute hot rolled asphalt application in the remote and distance areas. The experimental results to investigate the Marshal Characteristic showed the hotmix cold laid containing BGA and cold modifier can attain an adequate compaction. At an optimum bitumen content of 8% within BGA, no significant differences on VIM, VMA and VFB were observed when the storing and compaction time were extended from 3 to 7 days. The stability value and tend to decline and the flow value increased with the extension of the storing and compaction time
Bioactivity and Antioxidant Test of Hexadecanoic Acid and β-Sitosterol Isolated from Hydroid Aglaophenia Cupressina Lamoureoux
The research on the bioactivity and antioxidant test of hexadecanoic acid and β-sitosterol compunds isolated from hydroid Aglaophenia cupressina Lamoureoux had been done. The purpose of research was to determine the bioactivity of hexadecanoic acid and β-sitosterol through toxicity test using Artemia salina Leach as antioxidant. The research was conducted at the Laboratory of Environmental and Marine Sciences, Department of Biology and Biochemistry Laboratory, Department of Chemistry, Faculty of Mathematics and Natural Sciences, University of Hasanuddin, Makassar. The method used in this study was Brine Shrimp Lethality Test (BSLT) for toxicity and Diphenil picry hidrazil (DPPH) methods test for antioxidant. The results showed that hexadecanoic acid has a high toxicity and β-sitosterol has no toxicity based toxicity tests using Artemia salina Leach. The hexadecanoic acid and β-sitosterol did not have antioxidant activity