Current Legal Research in the Philippines

1979 ◽  
Vol 7 (3) ◽  
pp. 229-240
Author(s):  
Myrna S. Feliciano
Keyword(s):  
Raw Materials ◽  
The Philippines ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Concept ◽  
Legal Scholar ◽  
Legislative History ◽  
Study Research ◽  
Starting Point ◽  
Law Library

Legal research traditionally has been concerned with the development or elaboration of legal doctrines, and the raw materials of such research have been statutes, administrative regulations and rulings, and court decisions. This type of research is termed as doctrinal research. Characteristically, a legal scholar undertaking doctrinal research takes one or more legal propositions as a starting point and focus of his study. Research then takes place in the law library, where the scholar tries to locate all relevant statutes, cases and all discussions of his proposition found in encyclopedias, textbooks, treatises, and legal periodicals. If the legal concept is taken from a statute, his sources would necessarily include the statute, its legislative history and, if possible, comparable statutes in other jurisdictions. He then analyzes his readings, formulates his conclusions and writes up his study in the form of a memorandum, a brief, a periodical article or a treatise.

scholarly journals Analysis of Omnibus Law Creation Law: Scope of Labor

2021 ◽  
Vol 8 (10) ◽  
pp. 180
Author(s):  
Prehantoro Prehantoro
Keyword(s):  
Job Loss ◽  
Job Creation ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Concept ◽  
Positive Side ◽  
Laws And Regulations ◽  
Transparency And Accountability

This type of research is normative legal research, namely research that puts law as a system of norms, namely about principles, norms, laws and regulations, court decisions, agreements and doctrines. Based on the explanation above, it can be concluded that omnibus law is a legal concept that focuses on simplifying the number of regulations because it revises and revokes many laws at once. Therefore, before the omnibus law concept is actually applied in forming regulations, the principles of participation, transparency, and accountability need to be put forward first. Law Number 11 of 2020 concerning Job Creation, which was designed with the aim of transforming the economy towards advanced Indonesia by 2045, in its Draft and Academic Papers encountered many problems. Especially in the Employment cluster, these problems are related to the reduced rights of workers/laborers. Although it’s undeniable that Law Number 11 of 2020 concerning Job Creation has several positive sides such as providing job loss guarantees for workers/laborers after Termination of Employment, but in reality the positive side of Law Number 11 of 2020 concerning Job Creation is not commensurate with the number of problems that exist.

scholarly journals Perlindungan Hukum bagi Isteri yang Ditelantarkan oleh Suami Ditinjau dari Perspektif Hukum Perdata

2021 ◽  
Vol 6 (1) ◽  
pp. 40-48
Author(s):  
Roni Saepul Rohman ◽  
Taun Taun
Keyword(s):  
Research Method ◽  
Legal Theory ◽  
Secondary Data ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Scholar ◽  
Legal Remedy ◽  
The Right

Husbands have absolute rights and obligations in building a household. Vice versa, a wife has the same absolute rights and obligations in managing the household. There are still husbands or wifes who are negligent in carrying out their obligations and even do not carry them out. The Method used in this research is the normative legal research method,which is a study that examines a document, namely various secondary data such as statutory regulations, legal theory, court decisions and legal scholar opinions. The case that often occurs is neglect by husbands against theirs own wifes. There are many factors that cause a husband to abandon his wife and even his own family. However, a wife has the right to sue the husband in court by filing a claim for livelihood, which is a legal remedy that the wife can take to get justice.

scholarly journals Embodiment Principles of Clearing Justice in Consumer Arbitration

2018 ◽  
Vol 4 (3) ◽  
pp. 383
Author(s):  
Azwir Agus
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Civil Law ◽  
Proof System ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Principles ◽  
Verification System ◽  
Principle Of Justice ◽  
Formal Justice

The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is equally important. Undeniable, there is a weakness of the consumer protection law, both substantial norms and formal law. This article is normative legal research that refers to norms and legal principles in the legislation or court decisions. The results show that the proof is one of the trials that plays an important role. In general, the verification system is distinguished based on civil law and common law understandings influenced by various proof system theories such as the presumption of liability principle adopted in the Indonesian consumer protection law. The principle of justice in the consumer arbitration system is different from the arbitration verification system that is universally applicable in Indonesia. The ultimate goal of choosing consumer arbitration is to get substantial justice that is more dignified and not just obtaining formal justice. 

scholarly journals STUDY OF CONTRACT OBJECT IN MULTI-SERVICE FINANCING USING IJARAH IN ISLAMIC BANK

2021 ◽  
Vol 6 (2) ◽  
pp. 225
Author(s):  
Kamalia Firdausi
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Legal Research ◽  
Islamic Bank ◽  
Approach Method

In a case of a dispute between an islamic bank and a customer related to multi-service financing using an ijarah contract at an islamic bank, the customer is suing for the cancellation of the contract on the multi-service financing on the grounds that the object of the contract is not the object of the contract, so the contract should be null and void. However, the court decision stated that he rejected the customer's claim. This research was conducted to examine the application of sharia principles in legal considerations in court decisions regarding contract objects in multi-service financing using the ijarah contract. This research is a normative legal research using the statutory approach method. The results of this study indicate that the legal considerations in court decisions regarding the object of the contract in multi-service financing using the ijarah contract are formally correct, but materially there is still a possibility of gharar that is not in accordance with sharia principles.

scholarly journals For our world without sound. The opportunistic debitage in the Italian context: a methodological evaluation of the lithic assemblages of Pirro Nord, Cà Belvedere di Montepoggiolo, Ciota Ciara cave and Riparo Tagliente.

2021 ◽  
Author(s):  
Mark Carpentieri ◽  
Marta Arzarello
Keyword(s):  
Raw Materials ◽  
Raw Material ◽  
Middle Pleistocene ◽  
Lithic Assemblages ◽  
Core Technology ◽  
Starting Point ◽  
Lower Pleistocene ◽  
Great Heterogeneity ◽  
Italian Context ◽  
Methodological Evaluation

Abstract The opportunistic debitage, originally adapted from Forestier’s S.S.D.A. definition, is characterized by a strong adaptability to local raw material morphology and its physical characteristics and it is oriented towards flake production. Its most ancient evidence is related to the first European peopling by Homo sp. during Lower Pleistocene starting from 1.6 Ma and gradually increasing around 1 Ma. In these sites a great heterogeneity of the reduction sequences and raw materials employed is highlighted, bringing to the identification of multiple technical behaviours. However, the scientific community does not always agree on associating the concepts of opportunism and method to describe these lithic complexes. The same methodological issues remain for the Middle Pleistocene where, simultaneously to an increase of the archaeological evidence and the persistence of the opportunistic debitage, the first bifacial complexes are attested. Further implications concerning the increasing complexity highlighted in core technology management are now at the centre of an important debate regarding the genesis of more specialized method (Levallois and Discoid) especially during MIS 12 and MIS 9. We suggest that the opportunistic debitage could be the starting point for this process, carrying within itself a great methodological and cultural potential.

scholarly journals The Islamic Fundamentalism in Southeast Asia (The Case of Indonesia and Malaysia)

2021 ◽  
Author(s):  
Zohreh Ghadbeigy ◽  
Maryam Jafari
Keyword(s):  
Southeast Asia ◽  
Political Violence ◽  
September 11 ◽  
The Philippines ◽  
Modern World ◽  
International Studies ◽  
Islamic Fundamentalism ◽  
Political Sovereignty ◽  
Starting Point ◽  
The World

Islamic fundamentalism as a stream of Extremist claim a return to the true Islam and no compromise with the modern world has transformed the scene inside the country and in international relations as a threat and a serious contender in today's society. In fact, after September 11, 2001, expanded a serious debate about Islamic fundamentalism around the world. But it can be difficult to provide an overview of the history of political violence in which the phenomenon of Islamic fundamentalism as its starting point after September 11, is not mentioned. However, before the date mentioned in international studies, there are also traces of fundamentalism, But what is known today as the new form of Islamic fundamentalism, since 2011 and after the rise of the Middle East, was raised around the world and to create the challenges of Political sovereignty and security for the world's most strategic regions such as Europe and then Southeast Asia (especially Indonesia and Malaysia). Therefore, this research tries to answer this question: what is the most important factor in challenging the political sovereignty of states in Southeast Asia (especially Indonesia and Malaysia). The hypothesis is Islamic fundamentalism is a rival and threat against the sovereignty and national security of Indonesia and the Philippines. The result of this study explains and demonstrates the presence and role of Islamic fundamentalism in Indonesia and Malaysia as a serious challenge in the security-political reality of these countries. Therefore, this study seeks to recognize and address the challenges and threats that are faced by these two-country with the growth of Islamic fundamentalism.

scholarly journals A new innovation paradigm: combining technological and social innovation

2019 ◽  
Vol 107 (1) ◽  
pp. 107 ◽  
Author(s):  
Michael Kohlgrüber ◽  
Antonius Schröder ◽  
Félix Bayón Yusta ◽  
Asier Arteaga Ayarza
Keyword(s):  
Social Innovation ◽  
Raw Materials ◽  
Innovation Process ◽  
Implementation Process ◽  
Steel Company ◽  
User Perspective ◽  
Horizon 2020 ◽  
Starting Point ◽  
The Future ◽  
Industry Sectors

A new innovation paradigm is needed to answer the societal, economic and environmental challenges the world and companies are facing. The EU funded Horizon 2020 SPIRE Project “Coordinating Optimisation of Complex Industrial Processes” (COCOP) is combining technological and social innovation within a steel company pilot case (Sidenor). The project aims at reducing raw materials consumption (and energy and emissions reduction as well) by plant-wide optimisation of production processes based on a software solution and at the same time changing social practices. Key for COCOP is a methodology integrating technological innovation within a social innovation process of co-creation and co-development by involving (potential) users of the future software system and relevant stakeholders right from the beginning; thereby improving effectiveness and impact of the innovations and the implementation process. This involvement is instructed and measured by social key performance indicators (social KPIs) and operationalised in surveys (questionnaire and interviews) with future users, engineers and external experts (from different industry sectors not involved in the project). The article presents the results of the starting point of COCOP illustrating the future user perspective of the pilot steel company (Sidenor) contrasted by the view of external experts – seriously taking into account the interfaces between technology, human and organisation.

On the Origin of the Spices (and Other Foodstuffs)

2019 ◽  
Author(s):  
Alan Kelly
Keyword(s):  
Primary Production ◽  
Food Chain ◽  
Chemical Elements ◽  
Raw Materials ◽  
Biological Effects ◽  
Desirable Outcome ◽  
Starting Point ◽  
Calcium Magnesium ◽  
Good Starting Point

The beginning of the story of food is what is termed food production. This might sound logically like the process of making food, such as a chef or food company might, but this term is rather generally used in food science to refer to the so-called primary production of food, from growth of crops to harvesting of fish and minding and milking of cows. Primary production is, for example, what farmers do, producing the food that is brought to the farm-gate, from where the processors take over. So the food chain runs, according to your preference for a snappy soundbite, from grass to glass (for milk), farm to fork, slurry to curry, or (taking the food chain to its logical conclusion, and including the role of the human gut charmingly but appropriately in the chain) from farm to flush. But where do these raw materials that are yielded by primary production actually come from? It is often said that all things found on earth can be divided into categories of animal, vegetable, and mineral. To these could perhaps be added two more categories, microbial and synthetic (man-made). Within these five groups can essentially be placed everything we know as food, so using this classification to consider where our food comes from seems like a good starting point for this book. Perhaps the simplest group to start with is minerals, which might intuitively seem an unlikely source of foodstuffs (do we eat metal or rock?), until we consider where salt comes from and how much of it we add to our food (in other words, probably too much). Our bodies, however, absolutely need for us to consume certain metals and other chemical elements to survive, beyond the sodium and chloride we get from salt, and so many extracted minerals find their way from deposits in the earth into food products. This is particularly important where their biological effects are a desirable outcome (such as in carefully formulated nutritional products). In addition, products such as milk contain minerals like calcium, magnesium, zinc, and more, because the infant or calf needs them to thrive.

scholarly journals Exploring the Wet Mechanochemical Synthesis of Mg-Al, Ca-Al, Zn-Al and Cu-Al Layered Double Hydroxides from Oxides, Hydroxides and Basic Carbonates

Crystals ◽  
2020 ◽  
Vol 10 (10) ◽  
pp. 954 ◽  
Author(s):  
Brenda Antoinette Barnard ◽  
Frederick Johannes Willem Jacobus Labuschagné
Keyword(s):  
Mechanochemical Synthesis ◽  
Layered Double Hydroxides ◽  
Raw Materials ◽  
Green Method ◽  
Synthesis Conditions ◽  
Starting Point ◽  
Bead Mill ◽  
One Step ◽  
Synthesis Procedure ◽  
Double Hydroxides

The synthesis of Mg-Al, Ca-Al, Zn-Al and Cu-Al layered double hydroxides (LDHs) was investigated with a one-step wet mechanochemical route. The research aims to expand on the mechanochemical synthesis of LDH using a mill designed for wet grinding application. A 10% slurry of solids was added to a Netzsch LME 1 horizontal bead mill and milled for 1 h at 2000 rpm. Milling conditions were selected according to machine limitations and as an initial exploratory starting point. Precursor materials selected consisted of a mixture of oxides, hydroxides and basic carbonates. Samples obtained were divided such that half was filtered and dried at 60 °C for 12 h. The remaining half of the samples were further subjected to ageing at 80 °C for 24 h as a possible second step to the synthesis procedure. Synthesis conditions, such as selected precursor materials and the MII:MIII ratio, were adapted from existing mechanochemical methods. LDH synthesis prior to ageing was successful with precursor materials observably present within each sample. No Cu-Al LDH was clearly identifiable. Ageing of samples resulted in an increase in the conversion of raw materials to LDH product. The research offers a promising ‘green’ method for LDH synthesis without the production of environmentally harmful salt effluent. The synthesis technique warrants further exploration with potential for future commercial up-scaling.

The Carabao and the Encounter of the Law in Nineteenth-Century Philippines

2019 ◽  
Vol 27 (3) ◽  
pp. 307-326
Author(s):  
Nicolo Paolo P. Ludovice
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Water Buffalo ◽  
Private Property ◽  
Historical Context ◽  
The Philippines ◽  
Legal Research ◽  
Human Animal ◽  
Philippine History

AbstractThe place of the non-human animal in the legal world has been questioned. Animals’ legal status as property has been probed on how to best protect their welfare. While this is significant for animals who are not on the farm, it might not be effective when considering animals raised for food. The case of the carabao, or the water buffalo, in the Philippines is seen as a hybrid. This article traces the development of the carabao in Philippine history during the nineteenth century. Through historical, archival, and legal research on animals, the carabao is situated as private property. Colonial instruments of control were introduced to protect the carabao from criminals. In its proper historical context, the classification of carabaos as property indeed highlighted the animal’s status as legally owned, which did not necessarily demean the animal’s relationship with the human peasant nor the carabao’s quality as an animal.

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