scholarly journals PERGESERAN NEGARA HUKUM KE ‘NEGARA HIMBAUAN’: MENAKAR DAMPAK REGULASI PENANGANAN COVID-19 TERHADAP PEREKONOMIAN DAN KEUANGAN INDONESIA

2020 ◽  
Vol 3 (2) ◽  
pp. 214-228
Author(s):  
Yafet Y W Rissy

AbstractThis article discusses the shifting phenomenon from rule of law to ‘rule of persuasion’ by analysing regulations concerning Covid-19 mitigation through large-scale social restrictions (PSBB) and their impact on Indonesian economy and financial sector. Analysis of PSBB regulations shows that the regulations do not have criminal and law enforcement provisions that could lead legal uncertainty. PSBB regulations are simply a persuasion model. This has led to the shifting from rule of law to ‘law rule of persuasion’. As a result, on one hand, law enforcement related to PSBB regulations would not be effective and could make the Covid-19 pandemic prolonged, and on the other hand, legal uncertainty itself as well as the Covid-19 pandemic would have serious implications for Indonesian economy and financial sector. It is recommended that in the future, any regulations, especially at the level of statutes (acts), should seriously consider the establishment of legal certainty through criminal provisions and law enforcement and anticipate properly the impact such regulations and Covid-19 on Indonesian economy and financial sector.Keywords: legal uncertainty; rule of law; ‘rule of persuasion’AbstrakArtikel ini membahas fenomena pergeseran negara ke ‘negara himbauan’ dengan melakukan analisis terhadap regulasi terkait penangangan Covid-19 melalui pembatasan sosial berskala besar (PSBB) dan dampaknya terhadap keuangan dan perekonomian Indonesia. Analisis terhadap regulasi PSBB menunjukan bahwa regulasi tidak memiliki ketentuan pidana dan aspek penegakan hukumnya yang dapat menimbulkan ketidakpastian hukum. Regulasi PSBB sekedar merupakan model himbauan yang telah menegaskan adanya fenomena pergeseran dari negara hukum ke ‘negara himbauan’. Akibatnya, di satu sisi, penegakan hukum terhadap regulasi PSBB tidak akan berjalan efektif dan bisa membuat pandemi Covid-19 berkepanjangan, dan di sisi lainnya, ketidakpastian hukum sebagaimana juga pandemic Covid-19 akan memiliki implikasi serius bagi perekonomian dan keuangan Indonesia. Direkomendasikan agar kedepannya, regulasi apapun, utamanya di tingkat undang-undang, harus secara sungguh memperhatikan aspek kepastian hukum melalui pengaturan dalam ketentuan pidana dan penegakan hukumnya dan mengantisipasi secara tepat dampak regulasi dan Covid-19 bagi perekonomian dan keuangan Indonesia. Kata kunci: ketidakpastian hukum; negara hukum; ‘negara himbauan’ 

Author(s):  
S. Atalim

<p>Perkembangan masyarakat yang semakin ‘menghakimi’, penerapan proses pengadilan formal-konvensional atas perkara kejahatan yang tidak melibatkan korban kecuali pelaku, dan putusan pengadilan formal yang tidak sesuai dengan keinginan korban dan pelaku, melahirkan wacana dan praktek penerapan keadilan restoratif dalam menyelesaikan perkara pidana kejahatan. Keadilan restoratif ingin menegakkan nilai-nilai yang hilang dalam proses pengadilan formal yakni pengakuan atas martabat hak-hak korban dan pelaku, menekankan dialog, komunikasi,kejujuran, tanggung jawab, kesadaran akan <br />kesalahan, dan kesempatan untuk memperbaiki diri di masa depan. Penerapan prinsip-prinsip keadilan restoratif ini tidak semestinya dilakukan di luar proses pengadilan formal-konvensional yang sudah ada karena semakin menyuburkan ketidakpastian hukum. Muncul dan semakin berkembangnya praktek penerapan prinsip-prinsip keadilan restoratif merupakan kritik inheren terhadap proses pengadilan legal-konvensional yang belum memenuhi rasa keadilan masyarakat, terutama kepentingan korban, pelaku, dan masyarakat. Kritik ini merupakan kesempatan bagi aparat penegak hukum untuk semakin mewujudkan keadilan dan kepasƟ an hukum yang tercermin tidak saja pada proses (prosedural) melainkan juga pada putusan yang adil (hasil).</p><p><em>The development of society 'judging' to the application of formal court proceedings for criminal cases that only involving the perpetrator, resulting in verdict that are not accomodaƟ ng the wishes of the victim and the perpetrator. This raises the discourse and the application of restoraƟ ve justice practices in solving criminal cases. RestoraƟ ve justice wants to uphold the values that are lost in the formal court process, namely the recognition of the dignity of the rights of victims and perpetrators, emphasizing dialogue, communication, honesty, responsibility, awareness of errors, and the opportunity to improve themselves in the future. The application of the restoraƟ ve justice principles should not be done outside the formal court process because it creates legal uncertainty. The emergence and the growing practices of restorative justice </em><br /><em>principles application is an inherent critique of the conventional court processes that do not meet society's sense of justice, especially the interests of the victim, perpetrator, and community. This criticism is an opportunity for law enforcement agencies to bring about justice and legal certainty that is refl ected not only in the process (procedural) but also on a fair decision (outcome).</em></p>


2020 ◽  
Vol 6 (5) ◽  
pp. 1183-1189
Author(s):  
Dr. Tridibesh Tripathy ◽  
Dr. Umakant Prusty ◽  
Dr. Chintamani Nayak ◽  
Dr. Rakesh Dwivedi ◽  
Dr. Mohini Gautam

The current article of Uttar Pradesh (UP) is about the ASHAs who are the daughters-in-law of a family that resides in the same community that they serve as the grassroots health worker since 2005 when the NRHM was introduced in the Empowered Action Group (EAG) states. UP is one such Empowered Action Group (EAG) state. The current study explores the actual responses of Recently Delivered Women (RDW) on their visits during the first month of their recent delivery. From the catchment area of each of the 250 ASHAs, two RDWs were selected who had a child in the age group of 3 to 6 months during the survey. The response profiles of the RDWs on the post- delivery first month visits are dwelled upon to evolve a picture representing the entire state of UP. The relevance of the study assumes significance as detailed data on the modalities of postnatal visits are available but not exclusively for the first month period of their recent delivery. The details of the post-delivery first month period related visits are not available even in large scale surveys like National Family Health Survey 4 done in 2015-16. The current study gives an insight in to these visits with a five-point approach i.e. type of personnel doing the visit, frequency of the visits, visits done in a particular week from among those four weeks separately for the three visits separately. The current study is basically regarding the summary of this Penta approach for the post- delivery one-month period.     The first month period after each delivery deals with 70% of the time of the postnatal period & the entire neonatal period. Therefore, it does impact the Maternal Mortality Rate & Ratio (MMR) & the Neonatal Mortality Rates (NMR) in India and especially in UP through the unsafe Maternal & Neonatal practices in the first month period after delivery. The current MM Rate of UP is 20.1 & MM Ratio is 216 whereas the MM ratio is 122 in India (SRS, 2019). The Sample Registration System (SRS) report also mentions that the Life Time Risk (LTR) of a woman in pregnancy is 0.7% which is the highest in the nation (SRS, 2019). This means it is very risky to give birth in UP in comparison to other regions in the country (SRS, 2019). This risk is at the peak in the first month period after each delivery. Similarly, the current NMR in India is 23 per 1000 livebirths (UNIGME,2018). As NMR data is not available separately for states, the national level data also hold good for the states and that’s how for the state of UP as well. These mortalities are the impact indicators and such indicators can be reduced through long drawn processes that includes effective and timely visits to RDWs especially in the first month period after delivery. This would help in making their post-natal & neonatal stage safe. This is the area of post-delivery first month visit profile detailing that the current article helps in popping out in relation to the recent delivery of the respondents.   A total of four districts of Uttar Pradesh were selected purposively for the study and the data collection was conducted in the villages of the respective districts with the help of a pre-tested structured interview schedule with both close-ended and open-ended questions.  The current article deals with five close ended questions with options, two for the type of personnel & frequency while the other three are for each of the three visits in the first month after the recent delivery of respondents. In addition, in-depth interviews were also conducted amongst the RDWs and a total 500 respondents had participated in the study.   Among the districts related to this article, the results showed that ASHA was the type of personnel who did the majority of visits in all the four districts. On the other hand, 25-40% of RDWs in all the 4 districts replied that they did not receive any visit within the first month of their recent delivery. Regarding frequency, most of the RDWs in all the 4 districts received 1-2 times visits by ASHAs.   Regarding the first visit, it was found that the ASHAs of Barabanki and Gonda visited less percentage of RDWs in the first week after delivery. Similarly, the second visit revealed that about 1.2% RDWs in Banda district could not recall about the visit. Further on the second visit, the RDWs responded that most of them in 3 districts except Gonda district did receive the second postnatal visit in 7-15 days after their recent delivery. Less than half of RDWs in Barabanki district & just more than half of RDWs in Gonda district received the third visit in 15-21 days period after delivery. For the same period, the majority of RDWs in the rest two districts responded that they had been entertained through a home visit.


2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp


2020 ◽  
Vol 15 (S359) ◽  
pp. 188-189
Author(s):  
Daniela Hiromi Okido ◽  
Cristina Furlanetto ◽  
Marina Trevisan ◽  
Mônica Tergolina

AbstractGalaxy groups offer an important perspective on how the large-scale structure of the Universe has formed and evolved, being great laboratories to study the impact of the environment on the evolution of galaxies. We aim to investigate the properties of a galaxy group that is gravitationally lensing HELMS18, a submillimeter galaxy at z = 2.39. We obtained multi-object spectroscopy data using Gemini-GMOS to investigate the stellar kinematics of the central galaxies, determine its members and obtain the mass, radius and the numerical density profile of this group. Our final goal is to build a complete description of this galaxy group. In this work we present an analysis of its two central galaxies: one is an active galaxy with z = 0.59852 ± 0.00007, while the other is a passive galaxy with z = 0.6027 ± 0.0002. Furthermore, the difference between the redshifts obtained using emission and absorption lines indicates an outflow of gas with velocity v = 278.0 ± 34.3 km/s relative to the galaxy.


2021 ◽  
Vol 56 (2) ◽  
pp. 113-119
Author(s):  
Xinming Xia ◽  
Wan-Hsin Liu

AbstractThis paper analyses how China’s investments in Germany have developed over time and the potential impact of the COVID-19 pandemic in this regard, based on four different datasets, including our own survey in mid-2020. Our analysis shows that Germany is currently one of the most attractive investment destinations for Chinese investors. Chinese state-owned enterprises have played an important role as investors in Germany — particularly in large-scale projects. The COVID-19 pandemic has had some negative but rather temporary effects on Chinese investments in Germany. Germany is expected to stay attractive to Chinese investors who seek to gain access to advanced technologies and know-how in the future.


Author(s):  
Agus Arwani

Accountants are the actors who contribute to the establishment and implementation of accounting as a structure. On the other hand the consequences of the application of modern accounting shows the impact of a less than satisfactory. Facts show the number of accounting manipulation scandal that hit the company's financial statements and the low awareness of their social responsibility and the environment implies that very large changes in accounting principals. Accounting reality is part of how accountants take on the role. Deviations reality always brings accountants as party central is how actors and structures form mutually met. Habitus actor '' greedy '' met with accounting (capitalism) as a structure that legitimize it. In reality accountant (agent) looks so lost in the shackles of capitalism, so the agency theory in the form of a conflict of interest, it seems to shift the basis of mutual symbiosis between the interests of management and accountants. Accountants must be returned khittah her as a sovereign profession, he is an ideologue as Rausyan Fikr. All forms of deep-an accountant in worship, glorify the '' number '' in the sense of making all tasks as tasks (treatises) '' prophetic '' to map the right stakeholders fairly and correctly. This can only take place within the frame sovereign  and raise awareness of the Godhead (fervently) to put God at the summit toward accountability. Readiness accountant sharia in entering the MEA in 2017 with preparing the capabilities and expertise of sharia-based accounting standards IFRS, Accounting Sharia must understand the risks of sharia, sharia accounting should be standardized SDI International, science and technology capabilities accountant sharia be reliable.


Author(s):  
Luigi Rizzi

This chapter illustrates the technical notion of ‘explanatory adequacy’ in the context of the other forms of empirical adequacy envisaged in the history of generative grammar: an analysis of a linguistic phenomenon is said to meet ‘explanatory adequacy’ when it comes with a reasonable account of how the phenomenon is acquired by the language learner. It discusses the relevance of arguments from the poverty of the stimulus, which bear on the complexity of the task that every language learner successfully accomplishes, and therefore define critical cases for evaluating the explanatory adequacy of a linguistic analysis. After illustrating the impact that parametric models had on the possibility of achieving explanatory adequacy on a large scale, the chapter addresses the role that explanatory adequacy plays in the context of the Minimalist Program, and the interplay that the concept has with the further explanation ‘beyond explanatory adequacy’ that minimalist analysis seeks.


Author(s):  
Jayati Das-Munshi ◽  
Tamsin Ford ◽  
Matthew Hotopf ◽  
Martin Prince ◽  
Robert Stewart

In this final chapter to the second edition of Practical Psychiatric Epidemiology, developments in psychiatric epidemiology since the first edition are summarized and the editors offer a view on where the future may lie. The themes summarized in this chapter include those related to large-scale datasets or ‘big data’, new technologies and science communication (including data generated through GPS tracking systems and the impact of social media), expanding biological data and biobanks, as well as the impact of globalization, migration, and culture on understanding psychiatric epidemiological principles. The last part of this chapter raises the important issue of open science initiatives. The chapter concludes with a brief discussion on the constancy and ongoing evolution of psychiatric epidemiology.


Author(s):  
Anne H Klein ◽  
Kaylene R Ballard ◽  
Kenneth B Storey ◽  
Cherie A Motti ◽  
Min Zhao ◽  
...  

Abstract Gastropods are the largest and most diverse class of mollusc and include species that are well studied within the areas of taxonomy, aquaculture, biomineralization, ecology, microbiome and health. Gastropod research has been expanding since the mid-2000s, largely due to large-scale data integration from next-generation sequencing and mass spectrometry in which transcripts, proteins and metabolites can be readily explored systematically. Correspondingly, the huge data added a great deal of complexity for data organization, visualization and interpretation. Here, we reviewed the recent advances involving gastropod omics (‘gastropodomics’) research from hundreds of publications and online genomics databases. By summarizing the current publicly available data, we present an insight for the design of useful data integrating tools and strategies for comparative omics studies in the future. Additionally, we discuss the future of omics applications in aquaculture, natural pharmaceutical biodiscovery and pest management, as well as to monitor the impact of environmental stressors.


2004 ◽  
Vol 217 ◽  
pp. 114-115
Author(s):  
L. Montier ◽  
M. Giard

Recent observations at low and high redshift seem to confirm the presence of dust at very low abundances in the InterGalactic Medium (IGM) and especially in the IntraCluster Medium (ICM). We have studied the impact of this dust on the IGM, in terms of heating and cooling. on one hand, with an analytical model of dust emission, we have proved that the dust can be considered as the dominant cooling agent of the ICM at large scale, when the temperature is greater than T = 107 K. on the other hand, with a strong UV Background and a low temperature (Te ≤ 105 K), dust grains become an efficient heating agent of the IGM. These two opposite effects may have played an important role regarding structure formation of the Universe at large and small scales.


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