scholarly journals Legal challenges and applications in Indonesia

2022 ◽  
Vol 6 ◽  
Author(s):  
Gunawan Widjaja
Keyword(s):  
Decision Making ◽  
Phenomenological Approach ◽  
Study Data ◽  
High Quality ◽  
Application Of Law ◽  
The Core ◽  
Coding Systems ◽  
Legal Challenges ◽  
Points Of View ◽  
The Law

The challenge and application of law in Indonesia is to find the relevance of the thoughts of academics, researchers, and policymakers in the Jokowi era, which is the core objective of this study. We believe that from applying the law in a country is the key to the success of leadership supported by academic thinking and government or public policymaking. For this reason, we have reviewed many of the findings of scientific studies that we have summarized from various scientific and practitioner points of view and also various views from different countries, all of which we found in various legal journal applications, books, and also websites for democracy and justice and justice. Before presenting this data as findings, we first answer high-quality questions. We have used a phenomenological approach to get the cellular data, then we have done high echolocation, coding systems, and concluding. Based on the findings of the study data and its discussion, we can summarize that the challenges of legal application in Indonesia can be seen from the irrelevance between the thoughts of academics, experts in this field, and the decision-making governments in enforcing the law in Indonesia.

scholarly journals Executive decision-making in fashion retail: a phenomenological exploration of resources and strategies

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Danielle Sponder Testa ◽  
Elena E. Karpova
Keyword(s):  
Decision Making ◽  
Academic Research ◽  
Phenomenological Approach ◽  
Study Data ◽  
Decision Making Process ◽  
Business Decision ◽  
Content Type ◽  
External Data ◽  
Executive Decision Making ◽  
Fashion Retail

PurposeDecision-makers must be well-informed to successfully impact the future of the business. The purpose of this study was to explore experiences of US fashion retail executives when making business decisions to understand what resources and strategies are utilized within the decision-making process. Additionally, the role of academic research within executive decision-making process was explored.Design/methodology/approachThis study utilized a phenomenological approach to understand the experiences of fashion retail executives when engaging in business decision-making. Fifteen US fashion retail executives participated in the study. Data were collected through in-depth individual interviews and thematically coded to gain a holistic perspective of the decision-making process within the fashion retail industry.FindingsAs the result of the data analysis and interpretation, three topical areas emerged:: “Incredible Amounts of Information,” “Industry Specific Academic Research” and “Have a Clear Road Map.” The findings suggested that while the facts gleaned from internal and external data are of great importance to fashion professionals, insights gathered from social media are equally influential within the decision-making process. The authors identified five major strategies utilized consistently by fashion retail executives regardless of the type of business they represented: collaboration, adaptability, speed, gut instinct and creativity.Research limitations/implicationsThe results are important to fashion retail companies for improving internal decision-making processes. The identified resources and strategies of the decision-making process can be incorporated into fashion program curricula and considered as learning outcomes when preparing future industry professionals.Originality/valueLimited studies have explored the decision-making process specific to the fashion retail environment, an uncertain and ever-changing industry. Further, the study shed light on the opportunity for academic research use in fashion retail decision-making and contributes to the literature by developing a fashion retail decision-making model.

ASSURANCE OF LEGALITY AND VALIDITY OF THE PROCEDURAL DECISIONS MADE BY THE INVESTIGATOR IN CRIMINAL PROCEEDING

2015 ◽  
Vol 2 (71) ◽  
pp. 28
Author(s):  
Marina Sumbarova
Keyword(s):  
Decision Making ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
High Quality ◽  
Criminal Trials ◽  
Criminal Proceeding ◽  
Criminal Procedure Law ◽  
The Law ◽  
Procedural Decisions ◽  
Procedural Instructions

One of participants of criminal trial – the persons directing process, according to the Criminal procedure law (CPL) existing now in Latvia is the investigator. According to point 1 of part 2 of article 29 CPL, it has rights in the order established by the law to make any procedural decision and to make any procedural action or to charge its production to participants of an investigation team or the performer of procedural instructions. In article the author investigates conceptual essence of criminal procedure decisions, the legal characteristic of the resolution of the investigator, decision-making in the form of resolutions on the beginning of criminal trial, refusal to begin criminal trial, and also the resolutions directed on collecting and fixing of proofs in criminal trial and other resolutions. Making procedural decisions is a guarantee of high-quality investigation of criminal trials and observance of the rights of its participants.

Instruction Modeling

2020 ◽  
pp. 78-106
Author(s):  
George A. Khachatryan
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Expert Systems ◽  
Classroom Teachers ◽  
High Quality ◽  
Teaching Expertise ◽  
Intelligence System ◽  
The Core ◽  
Russian Mathematics ◽  
Human Decision

This chapter describes the core ideas behind instruction modeling. A promising way to improve mathematics instruction is to import successful approaches from other countries; however, it is exceptionally difficult to do this, since instructional traditions are cultural and the volume of teaching expertise that needs to be transferred is vast. Computers offer a possible way to ease the barriers. Expert systems (invented c. 1970) are a type of artificial intelligence system that uses rules to mimic human decision-making. Following the pattern suggested by expert systems, an instruction modeler studies high-quality offline instruction and then designs computer programs that aim to recreate this instruction. Many important activities cannot be automated, and therefore instruction modeling is necessarily blended learning: some instruction takes place online, while other activities are led by classroom teachers. To illustrate these ideas, this chapter describes several instruction modeling programs created by Reasoning Mind. It also discusses Russian mathematics education, explaining why it is a successful instructional tradition and a suitable choice for instruction modeling.

Trustee Decision Making

2015 ◽  
Author(s):  
Michael Ashdown
Keyword(s):  
Decision Making ◽  
Practical Importance ◽  
Specific Aspect ◽  
Great Practical Importance ◽  
The Core ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Primary Focus ◽  
Trust Law

The book provides analysis of the principal rules of trust law which control the exercise of powers and discretions by trustees. The primary focus is on the principle known as "the Rule in Re Hastings-Bass", and this is considered alongside the doctrines of fraud on a power and mistake. This is the first book-length treatment focussed on this specific aspect of trust law, and in particular the first on the Rule in Re Hastings-Bass, which is the subject of much professional and academic interest especially following consideration by the Supreme Court in Pitt v Holt and Futter v Futter [2013] UKSC 26. Whilst considering Pitt and the Rule in Re Hastings-Bass alongside mistake and fraud on a power, the book also explains how these doctrines interact, and how the law regulates trustee decision-making as a whole. It sets out examples and considers extensive practical problems, allowing the reader to understand not only the core trust law rules, but also the broader consequences of those rules which arise in real cases. This aspect of trust law is of great practical importance for practitioners as it arises frequently in the context of trust litigation, and in advising trustees and beneficiaries of their rights and obligations. The newly settled state of the law after Pitt will encourage reliance on the Re Hastings-Bass and mistake rules by practitioners in challenges to trustees' conduct and decisions. This book equips all involved with the key principles and arguments in this area.

Reasonable Bounds on Rationality

2020 ◽  
Author(s):  
Igor Grossmann ◽  
Richard Eibach
Keyword(s):  
Decision Making ◽  
Bounded Rationality ◽  
Cognitive Resources ◽  
Previous Theory ◽  
Making Choices ◽  
Points Of View ◽  
Sound Judgment

Previous theory and research on bounded rationality has emphasized how limited cognitive resources constrain people from making utility maximizing choices. This paper expands the concept of bounded rationality to consider how people’s rationality may be constrained by their internalization of a qualitatively distinct standard for sound judgment, which is commonly labeled reasonableness. In contrast to rationality, the standard of reasonableness provides guidance for making choices in situations that involve balancing incommensurable values and interests or reconciling conflicting points-of-view. We review recent evidence showing that laypeople readily recognize the distinctions between rationality and reasonableness and thus are able to utilize these as distinct standards to inform their everyday decision-making. The fact that people appear to have internalized rationality and reasonableness as distinct standards of sound judgment supports the notion that people’s pursuit of rationality may be bounded by their determination to also be reasonable.

Military Professionalism and Humanitarian Law

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
New Paradigm ◽  
The Core ◽  
Humanitarian Mission ◽  
Self Defense ◽  
Professional Perspective ◽  
The Law ◽  
Preemptive Strike ◽  
Military Professionalism

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

Emotional Choices

2018 ◽  
Author(s):  
Robin Markwica
Keyword(s):  
Decision Making ◽  
Choice Behavior ◽  
Choice Theory ◽  
Cuban Missile Crisis ◽  
Coercive Diplomacy ◽  
The Core ◽  
Present Book ◽  
Action Model ◽  
The Cost ◽  
Dynamic Interplay

In coercive diplomacy, states threaten military action to persuade opponents to change their behavior. The goal is to achieve a target’s compliance without incurring the cost in blood and treasure of military intervention. Coercers typically employ this strategy toward weaker actors, but targets often refuse to submit and the parties enter into war. To explain these puzzling failures of coercive diplomacy, existing accounts generally refer to coercers’ perceived lack of resolve or targets’ social norms and identities. What these approaches either neglect or do not examine systematically is the role that emotions play in these encounters. The present book contends that target leaders’ affective experience can shape their decision-making in significant ways. Drawing on research in psychology and sociology, the study introduces an additional, emotion-based action model besides the traditional logics of consequences and appropriateness. This logic of affect, or emotional choice theory, posits that target leaders’ choice behavior is influenced by the dynamic interplay between their norms, identities, and five key emotions, namely fear, anger, hope, pride, and humiliation. The core of the action model consists of a series of propositions that specify the emotional conditions under which target leaders are likely to accept or reject a coercer’s demands. The book applies the logic of affect to Nikita Khrushchev’s decision-making during the Cuban missile crisis in 1962 and Saddam Hussein’s choice behavior in the Gulf conflict in 1990–91, offering a novel explanation for why coercive diplomacy succeeded in one case but not in the other.

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