1,720,972 research outputs found
The Legality of Intervention for Protection of National Abroad In Order To Solve Piracy and Hostage (A Study of Law Concerning the Possible Use of Armed Force to Release Hostages Detained by Abu Sayyaf Armed Group)
Full text linkUntil now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who are taken hostage. When the non-violent efforts failed to stop acts of piracy and hostage then the use of force is logically expected to be used for such purposes. Yet international law prohibits this intervention as contrary to Article 2 para 4 of the UN Charter and does not meet the criteria of Article 51 of the UN Charter. Despite that this intervention can still be legalized if they meet the concept of R to P which can be adjusted or modified with this intervention and it is accepted by the people of ASEAN. Besides that these interventions also fulfill the qualification of necessity and proportionality
Menakar Transparansi Keuangan Partai Politik Pada Pelaksanaan Pemilihan Umum
Full text linkTo support the implementation of the implementation of political party activities cannot be separated from the existence of large financial support. In the process of traveling political parties, political party funds come from contributions from party politicians, legitimate contributions in accordance with legal provisions; as well as financial assistance from the APBN and APBD from the government. Through the funds generated, an accountable and transparent report is needed to the public in order to create legal certainty and prevent acts of corruption originating from the party's funds. So through this research the authors underline the 2 (two) formulation of the problem that is important to be discussed. First, what is the urgency of disclosing political party financial information in preventing cultural practices of corruption in Indonesia? And Second, how is the accountability of political party financial funds sourced from APBN and APBD funds in Indonesia? This research uses the type of normative juridical research. The data used in the research comes from primary legal materials, secondary legal materials and literature studies from various literatures. The results of this study note that the form of political party financial reporting must record all sources of receipt of funds for the party and not only be accountable for funds originating from the APBN and APBD, then with regard to sanctions there must be strict action taken by the government not only the imposition of administrative sanctions imposed against a party
Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide
Full text linkForcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discusse
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
PERJANJIAN PENGIKATAN JUAL BELI ATAS TANAH BERDASARKAN SURAT KETERANGAN GANTI RUGI DI KABUPATEN KAMPAR
Full text linkSale and purchase binding agreement, of course, a notary can provide legal counseling, namely by explaining to the parties, that the binding sale and purchase agreement made should be based on a land certificate, because the ownership of a certificated land right has been registered at the Land Office which has legal certainty, protection law and can prove himself as the holder of the land rights. However, in practice, the binding sale and purchase agreement in Kampar Regency is made using a letter of compensation (SKGR) so it is very straightforwardproblems to occur which can cause losses. The method used is empirical juridical which emphasizes the reality in the field associated with legal aspects or applicable laws and regulations regarding the object of research. The binding sale and purchase agreement should be made using a land certificate instead of using a letter of compensation and based on its authority the notary should be able to provide legal counseling to the parties before the binding sale and purchase agreement is made so that the urgent sale and purchase agreement can be carried out properly
Kepastian Hukum Hak Imunitas dalam Pertanggungjawaban Rumah Sakit Berdasarkan Undang-Undang No17 Tahun 2023 Tentang Kesehatan
Full text linkIn the healthcare service process, hospitals often face legal issues. This involves actions by hospitals that tend not to meet the expectations of patients or their families. The issues addressed in this research are: first, how is the legal certainty of hospital immunity rights regulated in health laws? Second, how is legal protection provided to patients who suffer losses due to negligence or errors by hospitals related to immunity rights under health laws? The research method used is a Juridical Normative/doctrinal approach that examines legislative approaches with literature study data collection techniques. The findings of this research conclude that: firstly, hospitals have been granted adequate legal immunity protection as stated in Article 192 paragraphs 1 and 2, where hospitals are immune as long as they do not violate laws and ethical codes, using immunity to carry out their duties. Secondly, hospitals are responsible for negligence by healthcare personnel causing patient harm, thus hospitals operate according to operational and healthcare service standards to minimize negligence resulting in patient harm. The hospital\u27s responsibility towards patients suffering losses is governed by Article 193 of the Health Law.Dalam proses pelayanan kesehatan, Rumah Sakit sering dihadapkan dengan permasalahan hukum. Hal ini merupakan tindakan Rumah Sakit yang cenderung tidak sesuai dengan yang diharapkan pasien ataupun keluarga pasien. Permasalahan yang diangkat dalam penelitian ini adalah pertama, bagaimana kepastian hukum hak imunitas rumah sakit yang diatur dalam undang-undang kesehatan? kedua, bagaimana perlindungan hukum terhadap pasien yang mengalami kerugian akibat kelalaian dan atau kesalahan rumah sakit terkait dengan hak imunitas pada undang-undang kesehatan? Metode penelitian yang digunakan yaitu pendekatan masalah Yuridis Normatif/doctrinal yang mengkaji pendekatan perundang-undangan dengan teknik pengumpulan data studi kepustakaan. Hasil penelitian ini menyimpulkan pertama, Rumah Sakit telah diberikan perlindungan Hak Imunitas/kekebalan hukum memadai yang terdapat dalam Pasal 192 ayat 1 dan 2, dimana Rumah sakit diberi hak imunitas selama rumah sakit tidak melakukan pelanggaran hukum dan kode etik dengan berlindung di balik hak Imunitas dalam melaksanakan tugasnya. Kedua, Rumah Sakit bertanggung jawab terhadap tindakan kelalaian tenaga kesehatan yang menyebabkan kerugian bagi pasien, sehingga Rumah Sakit bekerja sesuai standart operasional dan standart pelayanan kesehatannya, meminimkan terjadinya kelalaian yang menimbulkan kerugian bagi paseien. Tanggung jawab rumah sakit terhadap pasien yang mengalami kerugian di atur berdasarkan Pasal 193 Undang -Undang Kesehatan
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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