scholarly journals The Implication of Law No. 11 of 2020 concerning Job Creation towards Regulation on the Permit to Open Land State in East Kalimantan

2021 ◽  
Vol 17 (2) ◽  
pp. 155-168
Author(s):  
Mohamad Nasir
Keyword(s):  
National Level ◽  
Job Creation ◽  
Land Policy ◽  
Regional Government ◽  
Legal Analysis ◽  
East Kalimantan ◽  
The Status ◽  
Open Land ◽  
The Relationship ◽  
Alternative Solutions

Four regions in East Kalimantan province, including Balikpapan, Kutai Kartanegara, Penajam Paser Utara, and Samarinda, have local regulations known as Perda concerning the permission to open land state (IMTN). As a licensing instrument, IMTN has closely related to other sectors, such as investment, public services, and regional government. The policy's dynamics and changes in those sectors will impact the land sector, including the IMTN regulation. This article aims to examine two issues. First, the status of IMTN norms in licensing law regimes. Second, the conformity of the Perda along with the development of the higher regulations. In particular, the implication of Law No. 11/2020 to Perda IMTN in East Kalimantan and formulate alternative solutions to address the dynamics of land policy at the national level. This research applies normative legal analysis (doctrinal) to examine the relationship between norms within related regulations. This paper reveals that IMTN norms in licensing law regimes are unclear. De jure is a permit, and it means that IMTN should be given before the activities to open state land are conducted (constitutive). De facto, IMTN has more value as an instrument to reaffirms the existing land (declarative). Thus, for its relation to higher regulations, the Perda has not accommodated some provisions on administrative efforts as stipulated in Law No. 30/2014, complaint management as mandated by Law No. 25/2010, and the risk-based approach in business licensing as introduced by Law No. 11/2020. Therefore, Perda on IMTN should be amended or replaced to adjust to higher regulations' norms.

scholarly journals Kedudukan Hukum Anak Perusahaan Badan Usaha Milik Daerah

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 403
Author(s):  
Sigit Somadiyono
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Regional Government ◽  
Holding Company ◽  
Legal Relationship ◽  
The Status ◽  
Owned Company ◽  
The Relationship ◽  
A Company ◽  
Laws And Regulations

Subsidiary is a company that was born due to the transfer or participation of majority shares by another company or it is called the parent company. There are no regulations related to subsidiaries in the laws and regulations related to companies or regarding Regional Owned Enterprises. This has resulted in confusion regarding the position of the regional-owned company subsidiaries, especially the unclear position of state finances in the subsidiary companies. The problem in this research is what is the legal status of ownership of a regional-owned company subsidiary? And what is the responsibility of the holding company of a Regionally Owned Company to its subsidiaries? The purpose of this study was to determine the legal status of the subsidiary and the responsibilities of the Regional Owned Company as the holding company. The research method used is normative juridical analysis of the laws and regulations and the theory of the jurists. From the results of the research, it is found that even though the status is a subsidiary of a Regional Owned Enterprise, the subsidiary is not owned by the Regional Government but has a private or private status, so that there is no special binding legal relationship between the Regional Government as a shareholder of a Regional Owned Enterprise and its owned subsidiary Regional owned enterprises. The responsibility of a Regional Owned Company as the holding company with its subsidiary is limited to the relationship between the shareholders and the company as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies.

scholarly journals A Comparative Legal Analysis of the Right of Association in Trade Unions in Ukraine and the Countries of the European Union

Teisė ◽  
2021 ◽  
Vol 120 ◽  
pp. 128-139
Author(s):  
Serhii Kaplin
Keyword(s):  
European Union ◽  
Trade Unions ◽  
National Level ◽  
International Standards ◽  
Legal Analysis ◽  
The European Union ◽  
Public Authorities ◽  
Economic Rights ◽  
The Status ◽  
The Right

The constitutional regulation of the status of trade unions in Ukraine has incorporated all international standards and, in comparison with some constitutions of the states of the European Union, contains detailed regulation of this right. The effective functioning of the institution of trade unions can have a significant impact not only on the protection of the social and economic rights of workers in the process of interaction with employers, but also influence the public authorities in order to optimize the implementation of social policy at the national level and reduce social tension.

Contemporary Qur'anic Studies in Iran and its Relationship with Qur'anic Studies in the West

2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia
Keyword(s):  
Islamic Law ◽  
Human Sciences ◽  
The West ◽  
Communications Technologies ◽  
Religious Learning ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
Almost All ◽  
The Impact ◽  
The Relationship

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.

Moderating Role of Gender in the Relationship between Cognitive Errors and Anxiety among Adolescents

2020 ◽  
Vol 4 (1) ◽  
pp. 86-102
Author(s):  
Tasnim Rehna ◽  
Rubina Hanif ◽  
Muhammad Aqeel
Keyword(s):  
Mental Health Problems ◽  
Adolescent Psychopathology ◽  
Future Research ◽  
Cognitive Errors ◽  
Adolescent Anxiety ◽  
Study Results ◽  
The Status ◽  
Manifest Anxiety ◽  
The Relationship

Background: Widespread social paradigms on which the status variances are grounded in any society, gender plays pivotal role in manifestation of mental health problems (Rutter, 2007). A hefty volume of research has addressed the issue in adults nonetheless, little is vividly known about the role of gender in adolescent psychopathology. Sample: A sample of 240 adolescents (125 boys, 115 girls) aging 12-18 years was amassed from various secondary schools of Islamabad with the approval of the Federal Directorate of Education (FDE), relevant authorities of the schools and the adolescents themselves. Instruments: Taylor Manifest Anxiety Scale (Taylor & Spence, 1953) and Children’s Negative Cognitive Errors Questionnaire (CNCEQ) by Leitenberg et al., (1986) were applied in present study. Results: Multiple regression analysis revealed that cognitive errors jointly accounted for 78% of variance in predicting anxiety among adolescents. Findings also exhibited that gender significantly moderated the relationship between cognitive errors and adolescent anxiety. Implications of the findings are discoursed for future research and clinical practice.

Devotional Transformation

2005 ◽  
Vol 1 (2-3) ◽  
pp. 237-257
Author(s):  
Ravi Vasudevan
Keyword(s):  
Religious Belief ◽  
Film Genre ◽  
Narrative Structures ◽  
The Status ◽  
Film Spectatorship ◽  
The Relationship

This article focuses on the specific Indian cinematic form of the Hindu devotional film genre to explore the relationship between cinema and religion. Using three important early films from the devotional oeuvre—Gopal Krishna, Sant Dnyaneshwar, and Sant Tukaram—as the primary referent, it tries to understand certain characteristic patterns in the narrative structures of these films, and the cultures of visuality and address, miraculous manifestation, and witnessing and self-transformation that they generate. These three films produced by Prabhat Studios between the years 1936 and 1940 and all directed by Vishnupant Damle and Syed Fattelal, drew upon the powerful anti-hierarchical traditions of Bhakti, devotional worship that circumvented Brahmanical forms. This article will argue that the devotional film crucially undertakes a work of transformation in the perspectives on property, and that in this engagement it particularly reviews the status of the household in its bid to generate a utopian model of unbounded community. The article will also consider the status of technologies of the miraculous that are among the central attractions of the genre, and afford a reflection on the relation between cinema technology, popular religious belief and desire, and film spectatorship.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

The Concept of the Political

2018 ◽  
Author(s):  
Benjamin A. Schupmann
Keyword(s):  
Civil War ◽  
The State ◽  
The Political ◽  
Mass Movements ◽  
The Status ◽  
The Relationship

Chapter 2 reinterprets Schmitt’s concept of the political. Schmitt argued that Weimar developments, especially the rise of mass movements politically opposed to the state and constitution, demonstrated that the state did not have any sort of monopoly over the political, contradicting the arguments made by predominant Weimar state theorists, such as Jellinek and Meinecke. Not only was the political independent of the state, Schmitt argued, but it could even be turned against it. Schmitt believed that his contemporaries’ failure to recognize the nature of the political prevented them from adequately responding to the politicization of society, inadvertently risking civil war. This chapter reanalyzes Schmitt’s political from this perspective. Without ignoring enmity, it argues that Schmitt also defines the political in terms of friendship and, importantly, “status par excellence” (the status that relativizes other statuses). It also examines the relationship between the political and Schmitt’s concept of representation.

scholarly journals Gender and Migrant Roles in Italian Neorealist and New Migrant Films: Cinema as an Apparatus of Reconfiguration of National Identity and ‘Otherness’

Humanities ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 71
Author(s):  
Marianna Charitonidou
Keyword(s):  
National Identity ◽  
Urban Studies ◽  
Italian Cinema ◽  
Main Argument ◽  
Narrative Strategies ◽  
National Narratives ◽  
The Status ◽  
And Gender ◽  
Post War ◽  
The Relationship

The article examines an ensemble of gender and migrant roles in post-war Neorealist and New Migrant Italian films. Its main objective is to analyze gender and placemaking practices in an ensemble of films, addressing these practices on a symbolic level. The main argument of the article is that the way gender and migrant roles were conceived in the Italian Neorealist and New Migrant Cinema was based on the intention to challenge certain stereotypes characterizing the understanding of national identity and ‘otherness’. The article presents how the roles of borgatari and women function as devices of reconceptualization of Italy’s identity, providing a fertile terrain for problematizing the relationship between migration studies, urban studies and gender studies. Special attention is paid to how migrants are related to the reconceptualization of Italy’s national narrations. The Neorealist model is understood here as a precursor of the narrative strategies that one encounters in numerous films belonging to the New Migrant cinema in Italy. The article also explores how certain aspects of more contemporary studies of migrant cinema in Italy could illuminate our understanding of Neorealist cinema and its relation to national narratives. To connect gender representation and migrant roles in Italian cinema, the article focuses on the analysis of the status of certain roles of women, paying particular attention to Anna Magnagi’s roles.

scholarly journals What Difference Does Posthumanism Make?

2021 ◽  
pp. 1-7
Author(s):  
Rachel J. Crellin ◽  
Oliver J.T. Harris
Keyword(s):  
Productive Force ◽  
The World ◽  
The Status ◽  
The Difference ◽  
The Relationship

In this paper we argue that to understand the difference Posthumanism makes to the relationship between archaeology, agency and ontology, several misconceptions need to be corrected. First, we emphasize that Posthumanism is multiple, with different elements, meaning any critique needs to be carefully targeted. The approach we advocate is a specifically Deleuzian and explicitly feminist approach to Posthumanism. Second, we examine the status of agency within Posthumanism and suggest that we may be better off thinking about affect. Third, we explore how the approach we advocate treats difference in new ways, not as a question of lack, or as difference ‘from’, but rather as a productive force in the world. Finally, we explore how Posthumanism allows us to re-position the role of the human in archaeology,

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