Introduction

Author(s):  
P. Ishwara Bhat

The first chapter introduces the subject by explaining key words like research, legal research, method, and methodology. By linking knowledge with research, it brings out the purposive character of knowledge influencing research. It lists various objectives of legal research such as exploration, description, historical explanation, law reform, prediction, and publication, briefly explaining each. It traces the historical development of legal research in India thorugh ancient, medieval, colonial, and modern times. It finds that legal research became systematic and wide spread only along with orderly growth of legal education. Finally, it catalogues diverse methods of legal research under the categories of doctrinal, non-doctrinal, and integrated methods of legal research. Reader gets a basic idea about legal research, its past, present, and future potentiality and a glimpse of its wider canvas.

Author(s):  
Faisal Faisal ◽  
Muhammad Rustamaji

The basic idea underlying the reform of  the Criminal Code Bill has an impact on reforming the pillars of criminal law. The purpose of this research is to find out the new direction of criminal law policy regarding criminal acts, criminal responsibility and punishment. The research method uses normative legal research. The results of the research study in the discussion section are the reform of the pillars of criminal law, namely criminal acts, criminal liability, and punishment oriented to the basic idea of ??the value of balance. The reform of the pillars of criminal acts is aimed at broadening the meaning of the legality principle which provides space for living law as a source of law and also creates juridical terminology regarding criminal acts. The pillar of criminal responsibility accommodates the principle of no crime without error. The pillar of punishment is that the purpose of punishment is no longer synonymous with retaliation, but there are efforts to improve the behavior of the perpetrators of crime. The changes in the three pillars are influenced by the basic idea of ??balancing the values ??of Pancasila, namely the values ??of Divinity, Humanity, and Society. Recommendations in strengthening the direction of criminal law reform are needed in formulating criminal provisions outside the Draft Criminal Code that must be in accordance with the basic idea of ??balance which is the ideal of criminal law reform law. Ide dasar yang melandasi pembaruan RUU KUHP berdampak pada pembaruan pilar hukum pidana. Tujuan penelitian untuk mengetahui arah baru kebijakan politik hukum pidana mengenai tindak pidana, pertanggungjawaban pidana dan pemidanaan. Metode penelitian menggunakan penelitian hukum normatif. Hasil kajian penelitian dalam bagian pembahasan ialah pembaruan pilar hukum pidana yakni tindak pidana, pertanggungjawaban pidana, dan pemidanaan berorientasi pada ide dasar nilai keseimbangan. Pembaruan pilar tindak pidana tertuju pada perluasan makna asas legalitas yang memberikan ruang pada hukum yang hidup sebagai sumber hukum dan melahirkan pula terminologi yuridis mengenai tindak pidana. Pilar pertangungjawaban pidana mengakomodasi asas tiada pidana tanpa kesalahan. Pilar pemidanaan bahwa tujuan pemidanaan tidak lagi identik pembalasan akan tetapi ada upaya memperbaiki perilaku dari pelaku kejahatan. Perubahan ketiga pilar tersebut dipengaruhi oleh ide dasar keseimbangan nilai Pancasila yaitu nilai Ketuhanan, Kemanusiaan, dan Kemasyarakatan. Rekomendasi dalam memperkuat arah pembaruan hukum pidana diperlukan dalam merumuskan ketentuan pidana di luar RUU KUHP harus sesuai dengan ide dasar keseimbangan yang menjadi cita hukum pembaruan hukum pidana


Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Hangga Prajatama

In the business world, business competition or competence among business people in seizing the market is very reasonable. However, this becomes unnatural when the competition is carried out in an unfair manner, with the aim of preventing other business actors from competing (barrier to entry) or shutting down competitors' businesses. One form of anti unfair competition carried out by business actors in creating market power has been anticipated in Law Number 5 of 1999, namely the existence of price discrimination. The research method used is normative juridical, namely legal research that emphasizes the review of legal documents and library materials related to the subject matter. Based on the research that has been done, there is an Article that Regulates Regarding Price Discrimination in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is located in Article 6 which states that business actors are prohibited from making agreements that cause one buyer to pay a price that is different from the price that must be paid by other buyers for the same goods and / or services. and the Guidelines for the Business Competition Supervisory Commission on Implementation Provisions in Article 6 of Act Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Prohibition, Price Discrimination, Law No. 5 of 1999.


2021 ◽  
Vol 21 ◽  
pp. 121-134
Author(s):  
Leonarda Dacewicz ◽  

The customary division of functions and social roles of men and women adopted in the past was reflected in the process of shaping the Polish anthroponymic system. The phenomenon of differentiation of nomenclature based on gender was directly related to the privileged position and exclusive participation of men in the organization of social life. In anthroponymy, the domination of masculinity is marked by the functional expansion of male forms as primary and basic. Male nomenclature was higher listed in the hierarchy of importance, female forms of surnames were always created from male forms. The surnames of married women were ending with the suffixes -owa, -ina, -ska or -a, e.g. Chodkiewiczowa, Niemierzyna, Popławska, Ladna. The surnames of unmarried women were created using the suffixes -ówna (ending in a consonant from scratch), e.g. Chodkiewiczówna (< Chodkiewicz), -anka (ending in a vowel from scratch), e.g. Niemierzanka (< Niemiera), and in adjective types like married surnames, for example, Popławska, Ładna. The subject of attention in this study is the phenomenon of masculinization of female surname forms during the Russian partition (second half of the 19th century) in the Podlasie region. The problem is presented in the context of the historical development of women’s nomenclature in Podlasie and general information on the state of female nomination in Poland in modern times.


2018 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Prof. I Made Arya Utama

The challenges of current and future Law Theories are not solely derived from within the Law itself, but also from the external about the law's enforceability in society. Therefore, the legal theories are currently experiencing anomalies. Legal Theory currently faced with the need to be able to bring about justice, certainty, order, and the benefits of protecting human rights as well as the sustainability of living creatures and the environment.The method applied in this article is the normative legal research method with the source of legal material from the legislation and related literature. Library study became the technique of collecting the legal material and qualitative analysis applied to the legal material which has been described to produce the conclusion of the problems studied in this article.The legal theory undergoes a shift following the perspective of legal scholars from classical times, modern times, and postmodern thinkers. The Depelovment Law Theory and Progressive Law Theory that grew up in the Postmodern era seeks to free the minds of the status quo, adopt legal ideas that are in line with the needs of the Indonesian people and the state that is moving in the crossroads of modernization. Laws are required to promote conscience implemented through legal products established by competent authorities, just laws, and laws protecting people and the environment.


1947 ◽  
Vol 9 (3) ◽  
pp. 366-371 ◽  
Author(s):  
P. H. Winfield

The series to which the four volumes that are the subject of this article belong began in 1928, and appeared regularly until their production was held up by the recent war. The publication of the 1940 volume was delayed until 1943. Within the last year, activities have been renewed with such success that the volumes for 1942, 1943, 1944 and 1945 have been forwarded to us. The Foreword of Dean Arthur T. Vanderbilt gives impressive imformation about the magnitude of the task. He tells us that in 1942 American reported decisions filled seventy-four books totalling 76,362 pages, and that, although the sittings of most of the legislatures were suspended in that year, enactments nevertheless occupied 8,939 pages. Thus, great as is the burden on the editors of our Annual Survey of English Law (which Dean Vanderbilt courteously mentions as the source of inspiration of the American Annual Survey), it is light compared with that upon the shoulders of those who have to deal with legislation and judicial decisions in over fifty jurisdictions. The aim of each volume of the American Survey is modestly described as merely to present in orderly fashion the significant trends in the more important branches of the law through the year.' This underrates the scope of the work, for it is gratifying to both practitioners and teachers of law to find included in it chapters on ‘Jurisprudence,’ ‘Legal Education, Bar Organization and Economics,’ and ‘Administration of Justice—The Courts and Law Reform.’ Moreover, account is also taken of outstanding literature in the shape of textbooks and articles in law journals.


2020 ◽  
Vol 07 (03) ◽  
pp. 334-352
Author(s):  
Lintang Yudhantaka ◽  
Ghansham Anand ◽  
Manik Katulistiwi

In the era of globalization, the fast development of technology enables people to complete almost all activities with technological assistance. One of the activities is commerce. Commercial activity by means of electronic media is called e-commerce. Like ordinary commerce, e-commerce requires contract to order rights and obligations of parties involving in transaction. This study aims to discuss and to elaborate legal construction of e-commerce in addition to the liability of merchant for any loss resulted. In practice, only few consumers fully understand contents of contract. Many of them experience losses either because of their negligence in understanding contract or the fraudulent actions of business actors. This study employed legal research method with conceptual and statute approach. The study reveals that e-commerce is a form of e-contract. In addition, e-commerce is constructed as sales and purchase agreement since it arranges subjects, objects, and primary obligations of the pertinent parties. On the subject of liability of merchants, they must be liable if they were revealed violating contract and taking their consumers into loss.


2016 ◽  
Vol 12 (2) ◽  
pp. 217-237
Author(s):  
Oki Setiana Dewi

Shia is a sect in Islamic theology whose existence is undeniable throughout the discourse of Islamic studies. But this existence is not infrequently a polemic that never ends even a debate that led to the devouring. This is based on differences relating to the concept of relativism in understanding the verses of the Qur'an and Hadith. As well as the principles of Islamic teachings to the concept of Imamat. This research uses library research method by analyzing various expositions of experts related to discourse about Shia. The purpose of this study is to study and analyze the Shiite theology from its emergence, its sects, the subject of its teachings to its development in Indonesia.The results of this study conclude that the Shia are those who love the Prophet and the ahl al-bayt on the historical development of the terms of the Shia experiencing post-abritase expansion. One of the most fundamental Shiite ideologies has been the problem of Imamat. This concept of Imamat which then led to various sects in the Shia. the later sects influenced the subject of the Shia itself. In its development Shia in Indonesia through its various stages make a very significant contribution in religious life in Indonesia. Keywords: History, Principal Teachings, Sects, Shia in Indonesia Abstrak Syiah merupakan sekte dalam teologi Islam yang keberadaannya tidak terbantahkan sepanjang diskursus studi keislaman. Namun keberadaan ini tak jarang menjadi polemik yang tak kunjung usai bahkan menjadi perbebatan yang berujung kepada penyesaatan. Hal ini bertolak dari perbedaan terkait konsep relativisme dalam memahami ayat-ayat al Quran dan Hadits. Serta pokok-pokok ajaran Islam hingga konsep imamah. Penelitian ini mengunakan metode library research dengan menganlisis berbagai pemaparan para ahli terkait diskursus tentang syiah. Tujuan penelitian ini adalah untuk mengkaji dan menganalisis teologi syiah mulai dari kemunculannya, sekte-sektenya, pokok ajarannya hingg perkembangannya di Indonesia. Hasil dari penelitian ini menyimpulkan bahwa syiah adalah orang-orang yang mencintai Rasulullah Saw dan ahlulbait pada perkembangan sejarah terms tentang syiah mengalami perluasan pasca abritase. Salah satu ideologi syiah yang paling fundamental terkiat persoalan imamah. Konsep imamah ini yang kemudian memunculkan berbagai sekte dalam syiah. sekte-sekte yang ada kemudian berpengaruh kepada pokok ajara dalam syiah itu sendiri. Dalam perkembangannya syiah di Indonesia melalui berbagai tahapannya memberikan kontribusi yang sangat signifikan dalam kehidupan keberagamaan di Indonesia.  Kata kunci : Sejarah, Pokok Ajaran, Sekte-Sekte, Syiah di Indonesia


2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 


Author(s):  
Ni Made Ridla Parwata

Overtraining syndrome is a decrease in physical capacity, emotions and immunity due to training that is too often without adequate periods of rest. Overtraining is often experienced by athletes who daily undergo heavy training with short break periods. This research aims to look at the effect of overtraining aerobic physical exercise on memory in mice. The research method was experimental in vivo with the subject of adult male rat (Rattus Norvegicus) Winstar strain aged 8-10 weeks, body weight 200-250 gr. Divided into three groups, namely the control group, aerobic group and overtraining group. The results of memory tests with water E Maze showed an increase in the duration of travel time and the number of animal errors made by the overtraining group (p = 0.003). This study concludes that overtraining aerobic physical exercise can reduce memory in rat hippocampus.


2015 ◽  
Vol 8 (2) ◽  
pp. 93
Author(s):  
Juniar Siregar

This study presents a research report on improving students’ Learning results on IPA through Video. The objective was to find out whether students’ learning result improved when they are taught by using Video. It was conducted using classroom action research method. The subject of the study was the Grade IV students of SDN 187/IV Kota Jambi which is located on Jln. Adi Sucipto RT 05 Kecamatan Jambi Selatan, and the number of the students were 21 persons. The instruments used were test. In analyzing the data, the mean of the students’ score for the on fisrt sycle was 65,4 (42,85%) and the mean on cycle two was 68,5 (37,15%) and the mean of the third cycle was 81,4 (100%). Then it can be concluded that the use of video on learning IPA can improve the students’ learning result. It is suggested that teachers should use video as one of the media to improve students’ learning result on IPA.Keywords : IPA, students’ learning result, video


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