47 research outputs found
Tanggung Jawab Bank atas Hilangnya Dana Nasabah Melalui Layanan Aplikasi Mobile Banking (Studi Kasus Putusan Nomor 3/Pdt.Sus-BPSK/2022/PN LSM)
No full textKeamanan menjadi faktor yang paling utama untuk diperhatikan
, bahkan faktor keamanan akan menjadi salah satu satu fitur unggulan yang ditonjolkan oleh pihak bank guna menarik para nasabah, tak terkecuali dalam layanan aplikasi mobile banking. Permasalahan yang dihadapi pada penelitian ini adalah bagaimana perlindungan hukum terhadap hilangnya
dana nasabah bank dalam perspektif hukum positif di Indonesia dan bagaimana tanggung jawab bank atas hilangnya dana nasabah melalui layanan aplikasi m-banking. Metode penelitiannya adalah penelitian hukum yuridis normatif.
Hasil penelitian menunjukkan bahwa regulasi terkait
transaksi layanan m-banking belum diatur secara khusus dalam hukum Indonesia. Namun, kewajiban untuk menyediakan layanan
m-banking oleh bank diatur dalam UU Perbankan, yang dijelaskan dengan tegas dalam Pasal 6 huruf n. Meskipun pengaturan khusus mengenai transaksi m-banking belum ada, perlindungan hukum untuk nasabah tetap diberikan, baik secara preventif untuk mencegah perselisihan yang dapat berlanjut ke pengadilan, maupun secara represif untuk menyelesaikan perselisihan antara nasabah dan bank. Perlindungan hukum tersebut penting bagi bank untuk menjaga
dan memelihara kepercayaan nasabah, karena kepercayaan masyarakat sangat berperan dalam kelangsungan usaha perbankan. Tanggung jawab hukum bank terhadap kerugian nasabah merupakan bagian dari kewajiban bank untuk memberikan ganti rugi sesuai dengan Pasal 7 UUPK. Nasabah
perlu membuktikan bahwa kerugian yang dialami disebabkan oleh kesalahan sistem dari pihak bank. Prinsip tanggungjawab mutlak (strict liability) dapat diterapkan kepada bank berdasarkan tuntutan ganti rugi atas perbuatan melawan hukum yang diajukan nasabah ke pengadilan. UU Perbankan juga mewajibkan bank untuk menerapkan prinsip kehati-hatian
dalam kegiatan operasionalnya, memberikan informasi yang jelas dan jujur mengenai layanan, serta mengedukasi nasabah agar mereka lebih waspada terhadap potensi risiko yang mungkin terjadi
Tanggung Jawab Bank atas Hilangnya Dana Nasabah Melalui Layanan Aplikasi Mobile Banking (Studi Kasus Putusan Nomor 3/Pdt.Sus-BPSK/2022/PN LSM)
No full textKeamanan menjadi faktor yang paling utama untuk diperhatikan
, bahkan faktor keamanan akan menjadi salah satu satu fitur unggulan yang ditonjolkan oleh pihak bank guna menarik para nasabah, tak terkecuali dalam layanan aplikasi mobile banking. Permasalahan yang dihadapi pada penelitian ini adalah bagaimana perlindungan hukum terhadap hilangnya
dana nasabah bank dalam perspektif hukum positif di Indonesia dan bagaimana tanggung jawab bank atas hilangnya dana nasabah melalui layanan aplikasi m-banking. Metode penelitiannya adalah penelitian hukum yuridis normatif.
Hasil penelitian menunjukkan bahwa regulasi terkait
transaksi layanan m-banking belum diatur secara khusus dalam hukum Indonesia. Namun, kewajiban untuk menyediakan layanan
m-banking oleh bank diatur dalam UU Perbankan, yang dijelaskan dengan tegas dalam Pasal 6 huruf n. Meskipun pengaturan khusus mengenai transaksi m-banking belum ada, perlindungan hukum untuk nasabah tetap diberikan, baik secara preventif untuk mencegah perselisihan yang dapat berlanjut ke pengadilan, maupun secara represif untuk menyelesaikan perselisihan antara nasabah dan bank. Perlindungan hukum tersebut penting bagi bank untuk menjaga
dan memelihara kepercayaan nasabah, karena kepercayaan masyarakat sangat berperan dalam kelangsungan usaha perbankan. Tanggung jawab hukum bank terhadap kerugian nasabah merupakan bagian dari kewajiban bank untuk memberikan ganti rugi sesuai dengan Pasal 7 UUPK. Nasabah
perlu membuktikan bahwa kerugian yang dialami disebabkan oleh kesalahan sistem dari pihak bank. Prinsip tanggungjawab mutlak (strict liability) dapat diterapkan kepada bank berdasarkan tuntutan ganti rugi atas perbuatan melawan hukum yang diajukan nasabah ke pengadilan. UU Perbankan juga mewajibkan bank untuk menerapkan prinsip kehati-hatian
dalam kegiatan operasionalnya, memberikan informasi yang jelas dan jujur mengenai layanan, serta mengedukasi nasabah agar mereka lebih waspada terhadap potensi risiko yang mungkin terjadi
A presumptive pigovian tax on gasoline : analysis of an air pollution control program for Mexico City
No full textWithout continuous monitoring of emissions, a pollution control agency needs to evaluate abatement options itself. Apart from making activities cleaner, it should also stimulate reductions in the level of activity in polluting sectors. The author develops an analytical framework to show that a tax on a variable input, such as gasoline, is useful for this purpose. It encourages individuals and firms to sacrifice trips when they would prefer those sacrifices to those of higher spending on abatement. The instrument exploits privately held information about which trips can be saved at a low social cost. Other weaknesses of a program based on indirect instruments - as opposed to one induced by a theoretically conceived pollution tax - remain. One of these is that the agency may have poorer information than individuals and firms about the status of vehicles and the effectiveness of individual abatement options. Such an information gap - which could be bridged by a true pollution tax - is abstracted from the analysis. The author shows that the tax rate that belongs in a cost-effective pollution control program is independent of the price elasticity of demand for the polluting good. But the higher the demand elasticity, the higher are the costs of not including a presumptive tax on the polluting good in the tool kit of the pollution control agency. The author estimates the cost savings available when an optimal gasoline tax is included in an otherwise well-composed program, appropriately accounting for the welfare costs ofdemand consumption. He shows that the targeted emission reductions can be obtained at 11 percent lower costs, saving 350 million a year. After recent price increases, implicit tax rates in Mexico City are higher than suggested by the author's analysis. Higher rates may or may not be justified due to the benefits of demand conservation not accounted for in the analysis.Energy and Environment,Pollution Management&Control,Environmental Economics&Policies,Economic Theory&Research,Transport and Environment
Power, value, and the individual exchange: towards an improved conceptualization of terrorist finance
No full textThis thesis finds that the term ‘terrorist financing’ is a misnomer in that much of the activity encompassed by that term involves neither terrorism nor money. Instead, terrorist financing more accurately refers either to the flow of economic and material value to ‘terrorist’ actors or specific material expressions of support to ‘terrorism,’ however that contested term is defined. This finding not only directly challenges the dominant ways terrorist finance is now conceptualized, but also provides the first unified coherent conceptual framework capable of supporting systematic analysis of the topic. This thesis arrives at this conclusion by first critically examining the various – and often contradictory or incoherent – normative, legal, and political contexts that dominate ‘orthodox’ thinking on terrorism and terrorist finance, and then relocating the financing of terrorism squarely in context of the everyday realities of how terrorism and terrorist actors interact with global and local political economies. This thesis goes beyond existing critical works on terrorist financing, and constructs the necessary conceptual foundation for a vastly more coherent, systematic, and ultimately useful understanding of the financial and economic dimensions of terrorism
Relationality, polemics, incommensurability: thinking the political at the intersections of the work of Jacques Derrida and Michel Foucault
No full textPhDThis thesis is focused on the intersections of ontology and politics in the work of Michel
Foucault and Jacques Derrida. In particular it concerns the ways in which these two thinkers
offer accounts of (ethical, social, political) relations which exceed a traditional dichotomy
between transcendentalism and empiricism. Both Derrida and Foucault show universal
foundations to originate in an anterior play of differences 'between' the transcendental and
empirical. However, as this thesis shows, each thinks this anterior 'medium' of relations in
radically incommensurable ways: as differance or aporia in Derrida and as power and
problematization in Foucault. As such, each necessarily views the other as failing to account
for the ‘true medium’ of relationality and so of its violent effacement and disavowal. This
incommensurability, it is argued, results in a polemic between them which is explicit in their
competing accounts of Descartes’ Meditations and implicit throughout all of their work. This
thesis traces the polemic between Derrida and Foucault across their accounts of subjectivity,
ethics and politics. It is argued that in their engagements with each of these fields they
employ parallel politicizing strategies which are nevertheless wholly exclusive of one another.
The incommensurability between Derrida and Foucault reflects a broader problematic
which any political thought affirming its own finitude cannot explicitly recognize. Postfoundational
accounts of relationality, it is claimed, violently exclude competing
philosophical strategies without the capacity of accounting for this exclusion
A systematic review of evidence on malignant spinal metastases : natural history and technologies for identifying patients at high risk of vertebral fracture and spinal cord compression
No full textBackground: Spinal metastases can lead to significant morbidity and reduction in quality of life due to spinal cord compression (SCC). Between 5% and 20% of patients with spinal metastases develop metastatic spinal cord compression during the course of their disease. An early study estimated average survival for patients with SCC to be between 3 and 7 months, with a 36% probability of survival to 12 months. An understanding of the natural history and early diagnosis of spinal metastases and prediction of collapse of the metastatic vertebrae are important.
Objective: To undertake a systematic review to examine the natural history of metastatic spinal lesions and to identify patients at high risk of vertebral fracture and SCC.
Data sources: The search strategy covered the concepts of metastasis, the spine and adults. Searches were undertaken from inception to June 2011 in 13 electronic databases [MEDLINE; MEDLINE In-Process & Other Non-Indexed Citations; EMBASE; Cochrane Database of Systematic Reviews; Cochrane Central Register of Controlled Trials (CENTRAL); Database of Abstracts of Reviews of Effects (DARE), NHS Economic Evaluation Database (NHS EED), HTA databases (NHS Centre for Reviews and Dissemination); Science Citation Index and Conference Proceedings (Web of Science); UK Clinical Research Network (UKCRN) Portfolio Database; Current Controlled Trials; ClinicalTrials.gov].
Review methods: Titles and abstracts of retrieved studies were assessed by two reviewers independently. Disagreement was resolved by consensus agreement. Full data were extracted independently by one reviewer. All included studies were reviewed by a second researcher with disagreements resolved by discussion. A quality assessment instrument was used to assess bias in six domains: study population, attrition, prognostic factor measurement, outcome measurement, confounding measurement and account, and analysis. Data were tabulated and discussed in a narrative review. Each tumour type was looked at separately.
Results: In all, 2425 potentially relevant articles were identified, of which 31 met the inclusion criteria. No study examined natural history alone. Seventeen studies reported retrospective data, 10 were prospective studies, and three were other study designs. There was one systematic review. There were no randomised controlled trials (RCTs). Approximately 5782 participants were included. Sample sizes ranged from 41 to 859. The age of participants ranged between 7 and 92 years. Types of cancers reported on were lung alone (n= 3), prostate alone (n= 6), breast alone (n= 7), mixed cancers (n= 13) and unclear (n= 1). A total of 93 prognostic factors were identified as potentially significant in predicting risk of SCC or collapse. Overall findings indicated that the more spinal metastases present and the longer a patient was at risk, the greater the reported likelihood of development of SCC and collapse. There was an increased risk of developing SCC if a cancer had already spread to the bones. In the prostate cancer studies, tumour grade, metastatic load and time on hormone therapy were associated with increased risk of SCC. In one study, risk of SCC before death was 24%, and 2.37 times greater with a Gleason score 7 than with a score of < 7 (p= 0.003). Other research found that patients with six or more bone lesions were at greater risk of SCC than those with fewer than six lesions [odds ratio (OR) 2.9, 95% confidence interval (CI) 1.012 to 8.35, p= 0.047]. For breast cancer patients who received a computerised tomography (CT) scan for suspected SCC, multiple logistic regression in one study identified four independent variables predictive of a positive test: bone metastases 2 years (OR 3.0 95% CI 1.2 to 7.6; p= 0.02); metastatic disease at initial diagnosis (OR 3.4, 95% CI 1.0 to 11.4; p= 0.05); objective weakness (OR 3.8, 95% CI 1.5 to 9.5; p= 0.005); and vertebral compression fracture on spine radiograph (OR 2.6, 95% CI 1.0 to 6.5; p= 0.05). A further study on mixed cancers, among patients who received surgery for SCC, reported that vertebral body compression fractures were associated with presurgery chemotherapy (OR 2.283, 95% CI 1.064 to 4.898; p= 0.03), cancer type [primary breast cancer (OR 4.179, 95% CI 1.457 to 11.983; p= 0.008)], thoracic involvement (OR 3.505, 95% CI 1.343 to 9.143; p= 0.01) and anterior cord compression (OR 3.213, 95% CI 1.416 to 7.293; p= 0.005).
Limitations: Many of the included studies provided limited information about patient populations and selection criteria and they varied in methodological quality, rigour and transparency. Several studies identified type of cancer (e.g. breast, lung or prostate cancer) as a significant factor in predicting SCC, but it remains difficult to determine the risk differential partly because of residual bias. Consideration of quantitative results from the studies does not easily allow generation of a coherent numerical summary, studies were heterogeneous especially with regard to population, results were not consistent between studies, and study results almost universally lacked corroboration from other independent studies.
Conclusion: No studies were found which examined natural history. Overall burden of metastatic disease, confirmed metastatic bone involvement and immediate symptomatology suggestive of spinal column involvement are already well known as factors for metastatic SCC, vertebral collapse or progression of vertebral collapse. Although we identified a large number of additional possible prognostic factors, those which currently offer the most potential are unclear. Current clinical consensus favours magnetic resonance imaging and CT imaging modalities for the investigation of SCC and vertebral fracture. Future research should concentrate on: (1) prospective randomised designs to establish clinical and quality-of-life outcomes and cost-effectiveness of identification and treatment of patients at high risk of vertebral collapse and SCC; (2) Service Delivery and Organisation research on magnetic resonance imaging (MRI) scans and scanning (in tandem with research studies on use of MRI to monitor progression) in order to understand best methods for maximising use of MRI scanners; and (3) investigation of prognostic algorithms to calculate probability of a specified event using high-quality prospective studies, involving defined populations, randomly selected and clearly identified samples, and with blinding of investigators
How the evolutionary imperative process impacts upon the development of body adornment and jewellery
No full textEvaluation of post-stocking survival and movement of hatchery-reared juvenile bloater (Coregonus hoyi) stocked across bathymetric depths in Lake Ontario
No full textBloater (Coregonus hoyi), extirpated from Lake Ontario in the 1980s, have been stocked annually since 2012 with limited success in re-establishing a self-sustaining population. In this study, hatchery-raised juvenile bloater were tagged with acoustic telemetry high-resolution predation tags and stocked over three depths in Lake Ontario (5, 50, and 100m) in 2022 and 2023 to quantify survival, causes of mortality, and movement. Time-to-event modelling generated a three-week survival estimate of 38% (31-46%; 95% Confidence Interval) across both years, with lower survival in year 1 (12%; 12-38%) than year 2 (44%; 33-59%). The deepest depth (100m) yielded the highest survival, with mortality due to predation more common at shallower depths, while non-predation mortality, potentially from compression barotrauma, was more prevalent in deeper water. Rapid dispersion following release was observed in both years, with greater distances travelled in 2023. This study revealed low initial survival for stocked bloater that varied between years and stocking depth and highlighted different potential sources of mortality associated with depth, while providing new information for consideration of stocking techniques in large lakes.The presentation of the authors' names and (or) special characters in the title of the pdf file of the accepted manuscript may differ slightly from what is displayed on the item page. The information in the pdf file of the accepted manuscript reflects the original submission by the author
Theology and natural philosophy in late seventeenth and early eighteenth-century Britain
No full textA number of historians of science have claimed that the early Boyle Sermons provided a platform for the promotion of a moderate-Anglican social and political ideology underpinned by Newtonian natural philosophy. However, by examining in detail the texts of Richard Bentley, John Harris and Samuel Clarke, this thesis argues that their Sermons should not be characterised as 'Newtonian'. These texts were highly complex literary productions constructed with the intention of achieving victory over the enemies of Christianity. An examination of their rhetorical strategies
focuses attention on the use to which various cognitive materials - including natural philosophy - were put. Thus the presence of Newtonian concepts in the texts is
explained by the aims and overall scholarly programmes of the Lecturers. It will also be argued that the term 'Boyle Lectureship' is problematic and that the main elements of the Lectureship - Robert Boyle's bequest, the Trustees, the
Lecturers, and the Sermons - cannot be conflated into a single historical unit. Therefore, throughout this study, emphasis is placed on the contingent and singular
behaviour of individuals located within an ecclesiastical and scholarly community, where career promotion and the notion of scholarly credit were important. The brief
in Boyle's last will and testament stipulated that the Lecturers must defend Christianity using the scholarly tools to hand. In this thesis it will be shown that the
personnel of the Lectureship conformed to Boyle's brief and that they utilised all available methods and materials in the pursuance of their legal and institutional
responsibilities. This approach removes the analysis of the Lectureship from an overarching sociological perspective; instead the Sermons are interpreted as exemplary texts in the rhetorical prosecution of the enemies of Christianity. This study, therefore, acknowledges the complex nature of theological texts in early modern England
Michel Foucault and Judith Butler: troubling Butler's appropriation of Foucault's work
No full textOne of the main influences on Judith Butler‘s thinking has been the work of Michel Foucault. Although this relationship is often commented on, it is rarely discussed in any detail. My thesis makes a contribution in this area. It presents an analysis of Foucault‘s work with the aim of countering Butler‘s representation of his thinking. In the first part of the thesis, I show how Butler initially interprets Foucault‘s project through Nietzschean genealogy, psychoanalysis and Derridean discourse, and how she later develops this interpretation in line with the progress of her own project. In the main part of the thesis, I present an analysis of Foucault‘s thinking in the period from The Archaeology of Knowledge (1969) to The History of Sexuality volume 1 (1976). This analysis focuses on the aspect of his work which has most influenced Butler‘s thinking: namely the notion of a relationship between knowledge, discourse and power. The other issues in his work which Butler addresses—genealogy, the subject, the body, abnormality, and sexuality—are discussed within this framework. I show how, in the early 1970s, Foucault develops the notion of power-knowledge, and sets out a relationship between power-knowledge and discourse which is overlooked by Butler. I argue that Butler interprets Foucaultian power through the notions of repression and social norms, and ignores the concepts of technology and strategy which form a key part of Foucault‘s thinking. I show how, from The Archaeology of Knowledge on, Foucault develops a socio-historical ontology and a genealogy of the subject, both of which are at variance with Butler‘s interpretation of his thinking
