scholarly journals Penerapan Penggunaan Irah-Irah “Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa” dalam Konteks Pencapaian Keadilan

2019 ◽  
Vol 9 (2) ◽  
pp. 1-16
Author(s):  
Samuel Saut Martua Samosir

It is required that every head of the verdict has specific nomenclature “On behalf of Justice in the name of one and only God” which entrenched in Article 197 paragraph 1of the Criminal Code Procedure. The head of the verdict stressed that there is a word of justice based on the one and only God which has the main purpose is for the court examination in order to pursue justice, but there is a problem when the contents of the ruling did not provide justice for the prosecuted party, it can be indicated that the case filed to the appeal court by parties whose refuse the decision. According to the legal issues there exist the new paradigm to the concept of the head of the verdict which states“On behalf of Justice in the name of one and only God” only for decisions that have permanent legal force, this is an effort to achieve procedural justice and moral Justice

Cancers ◽  
2021 ◽  
Vol 13 (13) ◽  
pp. 3141
Author(s):  
Aurora Laborda-Illanes ◽  
Lidia Sánchez-Alcoholado ◽  
Soukaina Boutriq ◽  
Isaac Plaza-Andrades ◽  
Jesús Peralta-Linero ◽  
...  

In this review we summarize a possible connection between gut microbiota, melatonin production, and breast cancer. An imbalance in gut bacterial population composition (dysbiosis), or changes in the production of melatonin (circadian disruption) alters estrogen levels. On the one hand, this may be due to the bacterial composition of estrobolome, since bacteria with β-glucuronidase activity favour estrogens in a deconjugated state, which may ultimately lead to pathologies, including breast cancer. On the other hand, it has been shown that these changes in intestinal microbiota stimulate the kynurenine pathway, moving tryptophan away from the melatonergic pathway, thereby reducing circulating melatonin levels. Due to the fact that melatonin has antiestrogenic properties, it affects active and inactive estrogen levels. These changes increase the risk of developing breast cancer. Additionally, melatonin stimulates the differentiation of preadipocytes into adipocytes, which have low estrogen levels due to the fact that adipocytes do not express aromatase. Consequently, melatonin also reduces the risk of breast cancer. However, more studies are needed to determine the relationship between microbiota, melatonin, and breast cancer, in addition to clinical trials to confirm the sensitizing effects of melatonin to chemotherapy and radiotherapy, and its ability to ameliorate or prevent the side effects of these therapies.


Author(s):  
Rodrigo Elías Zambrano ◽  
Gloria Jiménez-Marín ◽  
Araceli Galiano-Coronil ◽  
Rafael Ravina-Ripoll

The growing number of children who are obese or overweight in certain countries or geographical areas is a fact, as evidenced by the continuous studies and reports on the subject, endorsed or carried out by the World Health Organisation and independent research. In this context, food and beverage advertising can contribute to this. The main objective of this research is to evaluate compliance with the Food and Drink Advertising Code for Children (PAOS Code) in Spain and its relationship with nutritional habits on television, specifically on channels aimed at children. The methodology is therefore mixed: on the one hand, a qualitative technique based on discourse analysis and, on the other, a quantitative technique based on the content analysis of the advertising broadcast for seven consecutive days on three specialised channels and two generalist channels on Spanish television. The results reveal a systematic noncompliance with this code, which translates into inadequate eating habits among children. The immediate conclusion is that 9 out of 10 parts of food and drink advertising do not comply with any of the rules of the PAOS Code and that self-regulation by the advertising companies is negligible and insufficient.


2012 ◽  
Vol 19 (4) ◽  
pp. 379-390 ◽  
Author(s):  
Vera Lúcia Raposo

Abstract Some years ago the doctor was seen as the one who “knows better”, and it was absolutely unconceivable that the patient could refuse the suggested treatment or even ask any questions about it. Differently, nowadays doctors face demands to keep their patients informed and can even be sued when they act without patient knowledge and consent. On the patient’s side this new paradigm does not necessarily legitimate euthanasia — still criminally forbidden in most parts of the world — but allows some kind of personal power over body, health and life, materialized in advance directives. On the doctor’s side, it entails a change in the list of good medical practices, imposing the doctrine of informed consent and the prohibition of dysthanasia.


Author(s):  
Maria Ulfah

Community service order is one of the alternative sanctions from short-term imprisonment and light fines as regulated in Article 65, Article 82, and Article 85 of the Draft of Indonesia Criminal Code on the September 2019 (RUU KUHP). Community service order is expected to be the one solution for the overcrowded state of Correctional Institutions in Indonesia due to the large number of articles with imprisonment. Community service order as a new criminal sanction in the future requires further arrangements that can support its implementation in the future and it is possible that several challenges arise in its implementation. The contents of further regulations related to community service order in this research are explored through general guidelines in the international law, namely the Tokyo Rules (UN General Assembly Resolution Number 45/110). This research uses qualitative research with normative juridical research methods in the form of analytical descriptive. The result of this study is twenty-two provisions in the Tokyo Rules can be used as a guide in determining the contents of further regulations related community service order. In addition, the factors can become challenges must be carefully considered by legal policy makers so that they are minimized in the implementation of community service order in the future. Pidana kerja sosial adalah salah satu sanksi alternatif dari pidana penjara jangka waktu pendek maupun sanksi pidana denda ringan yang diatur dalam Pasal 65, Pasal 82, dan Pasal 85 Rancangan Undang-Undang tentang Kitab Undang-Undang Hukum Pidana September 2019 (RUU KUHP). Pidana kerja sosial diharapkan menjadi salah satu solusi dari keadaan overcrowded Lembaga Pemasyarakatan di Indonesia akibat banyaknya pasal dengan sanksi pidana penjara. Pidana kerja sosial sebagai sanksi pidana baru di masa mendatang membutuhkan pengaturan lebih lanjut yang dapat mendukung implementasinya di masa mendatang dan dimungkinkan muncul beberapa tantangan dalam implementasinya. Isi dalam pengaturan lebih lanjut terkait pidana kerja sosial dalam penelitian ini dapat digali melalui pedoman umum dalam dunia internasional yakni Tokyo Rules (Resolusi Majelis Umum PBB Nomor 45/110). Penelitian ini menggunakan penelitian kualitatif dengan metode penelitian yuridis normatif berbentuk deksriptif analitis. Hasil dari penelitian ini adalah adanya dua puluh dua ketentuan dalam Tokyo Rules yang dapat menjadi panduan dalam menentukan isi pengaturan lebih lanjut terkait pidana kerja sosial. Selain itu, faktor-faktor yang dapat menjadi tantangan harus dipikirkan secara matang oleh pembuat kebijakan hukum agar terminimalisir dalam pelaksanaan pidana kerja sosial di masa mendatang.


Author(s):  
Michail Sagandykov ◽  
Galia Shafikova

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.


2016 ◽  
pp. 368-395
Author(s):  
Eliano Pessa

The Artificial Neural Network (ANN) models gained a wide popularity owing to a number of claimed advantages such as biological plausibility, tolerance with respect to errors or noise in the input data, learning ability allowing an adaptability to environmental constraints. Notwithstanding the fact that most of these advantages are not typical only of ANNs, engineers, psychologists and neuroscientists made an extended use of ANN models in a large number of scientific investigations. In most cases, however, these models have been introduced in order to provide optimization tools more useful than the ones commonly used by traditional Optimization Theory. Unfortunately, just the successful performance of ANN models in optimization tasks produced a widespread neglect of the true – and important – objectives pursued by the first promoters of these models. These objectives can be shortly summarized by the manifesto of connectionist psychology, stating that mental processes are nothing but macroscopic phenomena, emergent from the cooperative interaction of a large number of microscopic knowledge units. This statement – wholly in line with the goal of statistical mechanics – can be readily extended to other processes, beyond the mental ones, including social, economic, and, in general, organizational ones. Therefore this chapter has been designed in order to answer a number of related questions, such as: are the ANN models able to grant for the occurrence of this sort of emergence? How can the occurrence of this emergence be empirically detected? How can the emergence produced by ANN models be controlled? In which sense the ANN emergence could offer a new paradigm for the explanation of macroscopic phenomena? Answering these questions induces to focus the chapter on less popular ANNs, such as the recurrent ones, while neglecting more popular models, such as perceptrons, and on less used units, such as spiking neurons, rather than on McCulloch-Pitts neurons. Moreover, the chapter must mention a number of strategies of emergence detection, useful for researchers performing computer simulations of ANN behaviours. Among these strategies it is possible to quote the reduction of ANN models to continuous models, such as the neural field models or the neural mass models, the recourse to the methods of Network Theory and the employment of techniques borrowed by Statistical Physics, like the one based on the Renormalization Group. Of course, owing to space (and mathematical expertise) requirements, most mathematical details of the proposed arguments are neglected, and, to gain more information, the reader is deferred to the quoted literature.


2020 ◽  
pp. 223-255
Author(s):  
Xiaoqun Xu

Chapter 9 covers criminal justice in the first two decades after Mao’s death (1977–1996), when Deng Xiaoping was the top leader. With a brief summary of political developments, it outlines the post-Mao legal-judicial reforms as part of the reform and opening policies launched by Deng, including the enactment of the first Criminal Code and the Criminal Procedural Law of the PRC. While the Criminal Code retained Maoist language and influence, such as placing certain offenses in a category of “counterrevolutionary crimes,” the Criminal Procedural Law offered the beginning steps leading to procedural justice. The reforms included construction of a court system, professionalization of judges, and restoration of the legal profession. The chapter also looks at legal responses to reemerging crimes such as prostitution, human trafficking, narcotics trafficking, and pornography.


2016 ◽  
Vol 40 (4) ◽  
pp. 283-294 ◽  
Author(s):  
Siim Sultson

The presented paper focuses on Estonian urban space research concerning both replacement of urban heritage and establishment of new urban design within the period of mid 1940s and 1950s. On the one hand, Stalinist principles brought by Soviet occupation reminded independent Estonian 1930s town planning ambitions. On the other hand, the new principles formulated a new paradigm that was unfamiliar to local urban space tradition. Estonian urban space was compelled to follow the Soviet doctrine by concept, forms and building materials. Sometimes suffering irrational demolitions the towns got axially arranged representative, but perspective and functional plans. Some existing towns (for instance Tallinn, Pärnu, Narva) got new centres due to war wreckages and the ideological reasons. Meanwhile new industrial towns as examples of Stalinist utopia were built in East-Estonia during 1940s–1950s in order to exploit local mineral resources by the Soviet regime. In comparison with Tallinn and Pärnu urban space of East-Estonian industrial towns Kohtla-Järve and classified Sillamäe – designed in Leningrad (St. Petersburg) – still need to be researched. Though different from the rest of Estonian towns by details and materials of façades city-like centres of Sillamäe and Kohtla-Järve are rather similar to Tallinn and Pärnu by their composition.


2017 ◽  
Vol 17 (3) ◽  
pp. 567-585
Author(s):  
Domenico Carolei

In April 2015, the European Court of Human Rights (ECtHR) ruled that Italian legislation is inadequate to criminalise acts of torture (Cestaro v. Italy). Following the ECtHR’s decision, the Italian Parliament approved the bill A.C. 2168 which aimed to introduce the crime of torture (Article 613-bis) in the Italian Criminal Code. The bill does not seem to comply with the definition of torture provided by international law, and also neglects the legislative guidelines outlined by the ECtHR in Cestaro v. Italy. The purpose of this article is twofold. On the one hand, it will assess the ECtHR’s decision focusing on Italy’s structural problem and its duty to enact and enforce efficient criminal provisions under Article 3 of the European Convention. On the other hand, it will analyse the normative content of Article 613-bis in order to highlight its weaknesses and propose, on each of them, suggestions for amendment.


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