BASIC PRINCIPLES OF LABOUR LAW – OVERREGULATION OF THE LABOUR CODE OR LEGITIMACY OF THEM BEING SINGLED OUT?

The legislator, guided by the fundamental importance of certain rights in individual and collective employment relationships, decided to formally single out certain principles and separate them from the entire system of labour law principles, giving them the status of basic principles. The singled out principles avoided the fate of other principles, which are the product of doctrine and jurisprudence. The will of the legislator to single out basic principles is the causal reason for their placement in an act of unifying character, having reference to all employees, regardless of their employment model. Only in such a way, taking into account the rules of legislative technique as well as the dualistic model of employment and the mechanism of the interdependence of the general law with special laws (Article 5 of the Labour Code), was it possible to carry out the will of the legislator

Nicolai Hartmann und die Gestalttheorie. Ein Vergleich unter dem Aspekt “Kausalität”

Summary In 1919 Nicolai Hartmann (NH) convincingly justified that there cannot exist a “general law of causation” as A. Meinong had in mind. For him Meinong’s understanding of causation (linear, successive in time) was bound on the region of the physical layer of being, simultaneously postulating it as the only possible causation there. This is the starting point of the comparison between N. Hartmann‘s understanding of causation and that of the Gestalt Theory, for which neither in psychic nor in natural (physical) context linear-successive causality plays a part. Therefore NH’s conception of 1919 was still completely incompatible with that of the Gestalt Theory despite the fact that he was distancing himself from the “general law of causation” sensu Meinong. 20 years later he changed this by adding the “Wechselwirkung” (interaction) to the linear successive causation in the physical layer. In doing so he approached the Gestalt theoretical position but failed it insofar as for it his linear-successive understanding of causation generally has had its day with regard to natural processes, also consequently for the physical (instead interaction between system and border conditions applies, an interaction of field forces). Thus the term “causation“ had become free for a dynamic concept of causation which is equally appropriate for the physical and the psychic. NH makes this move not until 1949, shortly before his death, by writing: ... (see original quotation in the German summary above). It is the opinion of the author of this work that the ingenious systematics of NH‘s Critical Ontology (which is not a closed system) should make it possible to execute the necessary corrections in some details of his theory of layers without questioning the structure of his systematics, thus carrying out what NH was not able to do himself due to his death.

The Role Of The Medan Police In Law Enforcement Of Criminal Acts Of Narcotics

Narcotics are needed by humans for treatment so that to meet the needs in the field of medicine and scientific studies, a continuous production of narcotics is needed for these sufferers. On the basis of considering Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics on the one hand are drugs or materials that are useful in the field of treatment or health services and the development of science and on the other hand can also cause dependence which is very detrimental if misused or used without strict control and supervision. The problem in this research is how to tackle and eradicate narcotics crime? What are the efforts of the Medan Police in overcoming and eradicating narcotics crimes? What are the Obstacles in the Countermeasures and Eradication of Narcotics Crimes at the Medan Police? This research is descriptive in nature, which aims to describe exactly what the characteristics of an individual, condition, symptom, or group are, or to determine the spread of a symptom, or to determine whether there is a relationship between a symptom and other symptoms in society. Efforts to overcome and eradicate narcotics crimes within the jurisdiction of the Medan City Police are carried out through non-penal policies and penal policies. Non-penal policies are carried out through preventive and preemptive measures which are implemented through counseling, narcotics safaris, distribution of pamphlets and billboards as well as approaches to traditional and religious leaders as well as community development. This approach was carried out by the Medan City Police Resort in collaboration with BNN and experts through the perspectives of cultural anthropology, sociology, communication, psychology, healthy life education (public health science). The non-penal policy is aimed at children (including school-age youth) and the general public. Penal policies through law enforcement are also applied to police officers who make mistakes in disclosing narcotics cases. Obstacles in overcoming and eradicating narcotics crime in the jurisdiction of the Medan City Police Resort can be viewed from legal factors, law enforcement factors, facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks. factors of facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks. factors of facilities and facilities in law enforcement, community factors and cultural factors. In general, Law Number 35 of 2009 concerning Narcotics is more comprehensive in regulating the actions that can be taken to uncover narcotics networks.

After Strict Comparison, the Conclusion of the Double-Slit Test Conflicts with the Mathematical Model

Since it was born before its physical achievements, light waves, which have almost no physical properties, are an abstract mathematical concept rather than an objective description. Confused by a set of dark and light streaks and a sketchy schematic that had little to do with the actual result, the double-slit test was misjudged as being caused by interfering light waves, so this plausible principle implied disastrous flaws. For example, (1) Just after passing through the double-slit device, the pattern is generated by light early or before interference. By changing the distance between the device and the screen, the pattern is only scaled synchronously without being reconstructed by interference, and imagined light-wave interference does not occur. (2) Interfering light waves can be subdivided into multiple parts and proliferate greatly. (3) A headless wave of light left outside the screen after the head disappears can still induce much interference. (4) There is no interference effect caused by reflected light waves. (5) The effect of polarization direction on interference is neglected, and the interference condition is incomplete. (6) In the mathematical model, not only are the spots with the highest brightness in the position where dark stripes should appear most, but the principle of generating multiple regular dark stripes cannot be found. (7) Since the quantum property must be carried out in the process of interference, if all conditions are not met at the same time, interference will not be triggered, and therefore, the principle of interference will be rejected. (8) Since light comes only from the radiation of the electron transition, it is impossible to generate a light source in a slit that may be a vacuum. (9) In the causality test, to verify the effect of collapse, the photon that has collapsed into a particle should be tested again with a double slit test. (10) Whether the phenomenon of "observed tampering results" obtained by observation has been tampered with. (11) When the phase is shifted π or the signal is reversed, waves become negative waves capable of annihilating themselves, which is typical of antimatter. In this case, matter and antimatter are conjoined. (12) If the general law of waves is followed, not only the targeted light wave passes through the slit. (13) The original version of the double-slit test cannot be reproduced, and the test results are different from those presented by contemporary technology. (14) Waves must obey Fourier's principle, but light waves, quantum waves and matter waves do not. (15) The modulation effect that waves must produce is not present in optical fiber communication. (16) If the light from different slits must interfere with each other, a mask full of slits will cause the lithographer to fail. (17) Since the size is much smaller than the wavelength, the photon is only a sampling of the light wave, but the corresponding physical properties are not presented. (18) The fact that the two stars orbiting each other do not change color only proves that the phenomenon of redshift is impossible but does not support the inference that the speed of light is constant. (19) The Michelson-Morley test process is not open and transparent enough, and pinhole diffraction and mechanical processing using broken lines instead of curves cannot be ruled out. (20) Kepler's law can block Hubble's law and its derivatives, dark matter and dark energy. In conclusion, Newton's particle model was wrong, but neither was the light wave theory.

Study on the Structural Characteristics of Bird Necks and Their Static Motion Features in the Sagittal Plane

The necks of birds that possess complex structures, graceful curves, and flexible movements are perfect natural motion actuators. Studying their structural features, mechanic characteristics, and motion rules can provide valuable references for imitating such actuators and motion functions artificially. Previous studies have analyzed the influence of two-dimensional motion geometric features and anatomical structure of the neck on motion efficiency and motion stability. However, the mechanism of motion flexibility from the perspective of neck structure has not been investigated. This study investigates the general law of the relationship between the structural parameters and motion characteristics of birds’ necks using tomography technology and 3D reconstruction technology. The results show that the structural characteristics of geese and ducks are similar, and there are significant differences in joint motion characteristics. Geese obtains complex neck postures through active intervertebral joints and highly flexible facet joints and possesses higher neck flexibility than ducks. This study provides a generic measuring method for obtaining birds’ cervical spinal vertebral structural dimensional parameters and offers a new theoretical concept for bionic robotic structural design and manufacture.

After Strict Comparison, the Conclusion of the Double Slit Test Is in Conflict with the Mathematical Model

Since it was born before its physical achievements, light waves, which have almost no physical properties, are an abstract mathematical concept rather than an objective description. Beguiled by a series of dark and bright streaks, the results of the double-slit test were misjudged as interfering light waves, so this plausible principle implied disastrous flaws. For example, (1) by changing the distance between the device and the screen, the pattern is only scaled synchronously and not reconstructed, and the expected light-wave interference does not occur. (2) Interfering light waves can be subdivided into multiple parts and proliferate greatly. (3) A headless wave of light left outside the screen after the head disappears can still induce much interference. (4) There is no interference effect caused by reflected light waves. (5) The effect of polarization direction on interference is neglected, and the interference condition is incomplete. (6) In the mathematical model, the location where the dark stripe should appear most is actually the spot with the highest brightness. The principle of generating multiple regular dark stripes cannot be found in the mathematical model. (7) Since the quantum property must be expressed in the process of interference, interference will not be triggered if all conditions are not met at the same time, and therefore, the principle of interference will be rejected. (8) Since light comes only from the radiation of the electron transition, it is impossible to generate a light source in a slit that may be a vacuum. (9) In the causality test, to verify the effect of collapse, the photon that has collapsed into a particle should be tested again with a double slit test. (10) Whether the phenomenon of "observed tampering results" obtained by observation has been tampered with. (11) When the phase is shifted π or the signal is reversed, waves become negative waves capable of annihilating themselves, which is typical of antimatter. In this case, matter and antimatter are conjoined. (12) If the general law of waves is followed, not only the targeted light wave passes through the slit. (13) The original version of the double-slit test cannot be reproduced, and the test results are different from those presented by contemporary technology. (14) Waves must obey Fourier's principle, but light waves, quantum waves and matter waves do not. (15) The modulation effect that waves must produce is not present in optical fiber communication. (16) If the light from different slits must interfere with each other, a mask full of slits will cause the lithographer to fail. (17) Since the size is much smaller than the wavelength, the photon is only a sampling of the light wave, but the corresponding physical properties are not presented. (18) The fact that the two stars orbiting each other do not change color only proves that the phenomenon of redshift is impossible but does not support the inference that the speed of light is constant. (19) The Michelson-Morley test process is not open and transparent enough, and pinhole diffraction and mechanical processing using broken lines instead of curves cannot be ruled out. (20) Kepler's law can block Hubble's law and its derivatives, dark matter and dark energy. In conclusion, Newton's particle model was wrong, but neither was the light wave theory.

After Strict Comparison, the Conclusion of the Double Slit Test Is in Conflict with the Mathematical Model

Since they were born before physical achievements in question, light and matter waves, which have almost no physical properties, are abstract purely mathematical concepts rather than objects. The result of the double-slit test, a series of dark and bright streaks, was determined to be caused by interfering light waves. However, this plausible principle does not stand up to scientific scrutiny, and it is not difficult to find many flaws in the conclusion upon further study. For example, (1) the principle of generating multiple regular dark stripes cannot be found in the mathematical model. (2) In the mathematical model, the location where the dark stripe should appear most is actually the spot with the highest brightness. (3) Since the quantum property must be expressed in the process of interference, interference will not be triggered if all conditions are not met at the same time, and therefore, the principle of interference will be rejected. (4) Since the light comes from the radiation of the electron transition, it is impossible to generate a light source in a slit that may be a vacuum. (5) Interfering light waves can be subdivided into multiple parts and proliferate greatly. (6) A headless wave of light left outside the screen after the head disappears can still induce much interference. (7) There is no interference effect caused by reflected light waves. (8) The effect of polarization direction on interference is neglected, and the interference condition is incomplete. (9) In the causality test, to verify the effect of collapse, the photon that has collapsed into a particle should be tested again with a double slit test. (10) Whether the phenomenon of "observation determines outcome" is tampered with by observation. (11) When the phase is shifted π or the signal is reversed, waves become negative waves capable of annihilating themselves, which is typical of antimatter. In this case, matter and antimatter are conjoined. (12) If the general law of waves is followed, not only the targeted light wave passes through the slit. (13) The original version of the double-slit test cannot be reproduced, and the test results are different from those presented by contemporary technology. (14) Waves must obey Fourier's principle, but light waves, quantum waves and matter waves do not. (15) The modulation effect that waves must produce is not present in optical fiber communication. (16) If the light from different slits must interfere with each other, a mask full of slits will cause the lithographer to fail. (17) Since the size is much smaller than the wavelength, the photon is only a sampling of the light wave, but the corresponding physical properties are not presented. (18) The fact that the two stars orbiting each other do not change color only proves that the phenomenon of redshift is impossible but does not support the inference that the speed of light is constant. (19) The Michelson-Morley test process is not open and transparent enough, and pinhole diffraction and mechanical processing using broken lines instead of curves cannot be ruled out. In conclusion, Newton's particle model was wrong, but neither was the light wave theory.

MISTAKE AND SURETYSHIP: AVOIDING THE SPECTRE OF BRINK V HUMPHRIES & JEWELL (PTY) LTD

The nettlesome matter of operative mistake and suretyships tucked away in credit applications tends to find its way into the law reports on a rather frequent basis. This phenomenon is hardly surprising because in the cut and thrust of modern commerce, and even more so in lean times, individuals are keen to apply for credit on behalf of the corporate entities which they represent, but less eager to stand in for these debts when they cannot be serviced. From the contractual perspective of mistake, these cases tend tofollow a familiar pattern. Commonly, a member of a close corporation or director of a private company applies on behalf of the close corporation or company, as the case may be, for some or other form of credit from another party. Usually, within a business context, credit will not be granted without some form of security, and in these instances more often than not the representative is required to agree to a personal suretyship in favour of the creditor, which is often embodied in the credit application form itself. Oncethe representative has appended him or her signature to the application form, he or she inexorably finds himself or herself simultaneously bound as surety and co-principal debtor, the formal requirements for a suretyship agreement having been complied with (as prescribed by s 6 of the General Law Amendment Act 50 of 1956). On the whole older case law displays a reluctancy on the part of the judiciary to excuse a surety on the basis of material mistake in such circumstances, but in Brink v Humphries & Jewell (Pty) Ltd (2005 2 SA 419 (SCA)) the Supreme Court of Appeal adopted a far more lenient approach in favour of the surety, and perhaps heralded a not too subtle change in the law. This note examines the way in which the courts have adjudicated similar cases, and specifically whether more recently they have reinforced the generally stricter approach of old or been prepared to follow the path which Brink seemed to have cleared.

After Strict Comparison, the Conclusion of Double Slit Test Is in Conflict With the Mathematical Model

Since they were born before the physical achievements in question, light and matter waves, which have almost no physical properties, are abstract purely mathematical concepts rather than objects. The result of the double-slit test, a series of dark and bright streaks, was determined to be caused by interfering light waves. However, this plausible principle does not stand up to scientific scrutiny, and it is not difficult to find many flaws in the conclusion upon further study. Such as: (1) The principle of generating multiple regular dark stripes cannot be found in the mathematical model. (2) In the mathematical model, the location where the dark stripe should appear most is actually the spot with the highest brightness. (3) Since the quantum property must be expressed in the process of interference, the interference will not be triggered if all conditions are not met at the same time, and therefore the principle of interference will be rejected. (4) Since the light comes from the radiation of the electron transition, it is impossible to generate a light source in a slit that may be a vacuum. (5) Interfering light waves can be subdivided into multiple parts and proliferated greatly. (6) A headless wave of light left outside the screen after the head disappears can still induce a lot of interference. (7) There is no interference effect caused by reflected light waves. (8) The effect of polarization direction on interference is neglected and the interference condition is incomplete. (9) In the causality test, to verify the effect of collapse, the photon that has collapsed into a particle should be tested again with a double slit test. (10) Whether the phenomenon of "observation determines outcome" is tampered with by observation. (11) When the phase is shifted π or the signal is reversed, waves become negative waves capable of annihilating themselves, which is typical of antimatter. In this case, matter and antimatter are conjoined. (12) If the general law of waves is followed, not only the targeted light wave passes through the slit. (13) The original version of the double-slit test cannot be reproduced, and the test results are different from those presented by contemporary technology. (14) Waves must obey Fourier's principle, but light waves, quantum waves and matter waves do not. (15) The modulation effect that waves must produce is not present in optical fiber communication. (16) If the light from different slits must interfere with each other, a mask full of slits will cause the lithographer to fail. (17) Since the size is much smaller than the wavelength, the photon is only a sampling of the light wave, but the corresponding physical properties are not presented. (18) The fact that the two stars orbiting each other do not change color only proves that the phenomenon of redshift is impossible, but does not support the inference that the speed of light is constant. (19) The Michelson-Morley test process is not open and transparent enough, and pinhole diffraction and mechanical processing using broken lines instead of curves cannot be ruled out. In conclusion: Newton's particle model was wrong but neither was the light wave theory.

The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia

The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.