scholarly journals RPTRA CONCEPT IN THE ARCHIPELAGO: BASED ON AN EQUALITY AND LEGAL PROTECTION APPROACH

2021 ◽  
Vol 9 (7) ◽  
pp. 300-317
Author(s):  
Yophie Septiady ◽  
Aartje Tehupelory

The focus of the discussion in this study is on the design and needs of RPTRA in communities with different environmental and cultural contexts. Including the understanding of the surrounding community who "get" the RPTRA regarding the procedures for its use and maintenance. An equally important part is the concept of "child-friendly", what kind of understanding and implementation is there, and its legal basis (particularly for the protection of children in public spaces – RPTRA). This research was conducted on Tidung Island, one of the islands in the South Thousand Islands District, Seribu Islands Regency, DKI Jakarta Province. Several things that need to be considered as a reference in the development of RPTRA in archipelagic areas based on an architectural approach: (1) Access and affordability, (2) Community involvement in RPTRA design, (3) RPTRA which also basically pays attention to children with special needs, (4) Maintaining Green Open Space compared to the existence of buildings, (5) Prioritizing activity facilities that are the choice of the surrounding community, (6) RPTRA design must pay attention to weather conditions in coastal areas, (7) Socialization to the surrounding community on the character of materials and their use, (8 ) RPTRA designer's understanding of zoning and facility classification, (9) Setting zoning activities between toddlers and youth, (10) Utilizing existing facilities outside the RPTRA. Several things that need to be considered as a reference in the development of RPTRA in archipelagic areas based on a legal approach are: (1) The legal aspects of establishing an RPTRA based on the ideal area, (2) The conception of RPTRA as accommodating the idea of ​​a child-friendly city based on existing regulations, (3 ) Legal studies to harmonize RPTRA with the PKK Main Program based on Governor Regulation Number 40 of 2016 have not gone well, (4) Legally (based on Governor's Decree Number 349 of 2015 concerning the Implementation Team for RPTRA Development and Maintenance) the role of RPTRA managers must also be emphasized its main tasks and functions.

2019 ◽  
Vol 32 (3) ◽  
pp. 262
Author(s):  
Intan Putri Cahyani ◽  
Eky Erlanda Edel ◽  
Yulius Dala Ngapa

The Provision of Green Open Spaces (GOS) as a playground for children as well as introducing environmental awareness is a concern in various regions. GOS is a facility from the local government to fulfil children’s rights in terms of growing and developing in a healthy and safe environment, especially for Brebes, which has declared themselves to be a Child-Friendly Region. Nevertheless, currently, Brebes only has 12 GOSs, which is around 15 per cent of its total area. It hampered by the contradictions between the standard requirements for GOS development and the alteration of land functions due to urbanisation in addition to the lack of community involvement in spatial planning between 2012 and 2017. The purpose of this study is to examine the optimisation of GOS in Brebes Regency from the perspective of environmental communication towards the positioning of Brebes as a child-friendly city; this research is a qualitative descriptive study using ethnographic methods and an environmental communication approach. The qualitative data obtained through in-depth interviews, observations and the documentation of eight informants. The findings show that GOS Brebes currently functions as a media for child development. There are some obstacles in terms of optimising the spaces in Brebes because there are some behaviours that are not child-friendly and/or environmentally friendly. Furthermore, the GOS conditions in Brebes generally fulfil the principles of Child-Friendly Spaces (CFS) as the indicators of the optimal performance of GOS. In addition, communication, resources, disposition and bureaucratic structure are important factors in terms of optimising child-friendly GOS in Brebes. Finally, cooperation between the government and the community members to create an ideal child-friendly GOS should be supported by clear regulations and policies, as well as communicated through the media appropriately and sustainably.


Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?


Author(s):  
Ivanna Babetska

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.


2021 ◽  
Vol 2090 (1) ◽  
pp. 012149
Author(s):  
M Mendel

Abstract The most important meteorological data are:ambient temperature, precipitation quantity, air humidity, amount and type of clouds, atmospheric pressure, wind direction and speed, visibility, weather phenomena. These coefficients impact the effectiveness of various combat activities, especially those conducted in an open space. Knowledge of future weather conditions is essential for planning the location, calculating times, choice of means, and other aspects relevant to the upcoming operations. Taking weather conditions into account is vital, specifically when it comes to planning combat operations, where the accuracy in cooperation is of paramount importance. Rocket forces and artillery is a particular type of armed forces where weather conditions are critical. The effectiveness of artillery depends on ballistic calculation precision, and so knowledge of atmospheric conditions is fundamental. Atmospheric data are collected from sounding using a single probe attached to a balloon. It is generally known that particular meteorological parameters change in a smooth spatial manner depending on various coefficients. Information about the atmosphere collected by a single probe may be insufficient, due to the possibility of a balloon drifting away from the area of interest, and the calculations are based on data received from its probe. In this paper, I will suggest a method for preparing artillery use meteorologically, which takes into account the distribution of particular meteorological coefficients over a given area.


Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.


Author(s):  
Anna Sokołowska

AbstractThis paper is an attempt to analyze the necessity of defining and extending the protection of the child’s creative process. The starting point for consideration is the key role of artistic instruction in the child’s education and development which justifies providing appropriate framework for that process. The present text defines artistic output as a personal good covered by legal protection and specifies relevant legal regulations underlying the subject. It also reveals the position of the child as a creator with his/her specific characteristics and possible dangers arising from those characteristics. Another issue discussed here is the creative process and its components. In a further part, legal aspects of the child’s situation in the context of creative activity are analyzed with references to the UN Convention on the Rights of the Child (1989), the (Polish) Family and Guardianship Code (1964), the UN Declaration on Rights of the Child (1959) and other legal acts. Finally, the paper addresses objectives of arts education in the light of the discussed issues. Conclusions include an indication of certain similarity between some areas of interest in pedagogy and in law. The main conclusion comes down to a statement that in the education process we should take into consideration so-called creative integrity which constitutes a personal good of both the adult and the child, and which is covered by legal protection.


2020 ◽  
Vol 24 (3) ◽  
pp. 658-672
Author(s):  
Pavel L. Likhter

The research is devoted to topical issues of law in the field of neuromarketing. The transition from commodity economy to economy of impressions is largely due to application of modern methods of monitoring brain functioning in order to increase efficiency of production and trading strategies. Due to the potential ability to influence the decision-making process of clients, neuromarketing attracts mixed opinions from lawyers and psychologists. The current legislation does not provide an appropriate level of regulation of neuroscience and their results in the market. At the same time, the precontractual impact on the consumer may contain signs of distorting the principles of freedom of contract, good faith, and reasonableness. The article proposes to consider the rational behavior of an individual - one of the main presumptions of civil law - from a new perspective, given the current results of neuropsychological research and ethical and legal aspects of social relations. The results of the work allow to speak about fundamental possibility of limiting the dynamic form of free will in a contractual obligation (up to the refusal of a transaction) if there are conditions related both directly to the psychophysiological characteristics of the counterparty and the pe-culiarities of neuromarketing effects under a specific contract. The relevance of hierarchical concepts of autonomy of will is noted; these are the situations when an individual choice is subject to legal protection, if it reflects a genuine will, consistent with the essential goals and values of the person. The absence of defects in awareness and voluntariness in such cases is a key aspect of principles of freedom of contract and reasonableness associated with a conscious decision when entering an obligation.


2021 ◽  
Vol 4 (2) ◽  
pp. 193-203
Author(s):  
Riska Natagina Putri ◽  
Siti Nurul Intan Sari Dalimunthe

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.


2010 ◽  
Vol 49 (6) ◽  
pp. 1219-1232 ◽  
Author(s):  
C. Georgakis ◽  
M. Santamouris ◽  
G. Kaisarlis

Abstract The intraurban temperature variation in the center of Athens, Greece, was investigated in relation to urban geometry. This paper describes two main tasks: 1) Air temperature was recorded in the center of Athens and at the Meteorological Service Station at the University of Athens. Experimental data were collected through extensive monitoring at four different heights inside five different urban canyons in the center of Athens during the summer period. A measurement uncertainty analysis was carried out to estimate critical threshold values of air temperature below which differences were not significant. 2) The correlation between urban–suburban air temperature differences was assessed, using the geometrical characteristics of each urban street canyon. Urban–rural air temperature differences were considered to be not important if they were below the threshold value of 0.3°C. It was concluded that the major factor controlling urban–suburban air temperature differences was the geometry of the urban area. Other factors were the orientation of the observational sites, the current weather conditions, and the inversion of air masses adjacent to the ground level. An increase in the value of aspect ratios leads to a decrease in the difference between air inside the canyons and at the suburban station. The air temperature profile in an open-space area was the most important defining factor for the stratification of the urban–rural air temperature differences.


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