The Regulation of Continuous Election Design’s Implementation Based on the Constitutional Court’s Decision

This study aims to describe the consistency of judges' considerations in the Constitutional Court Decision No. 14/PUU-XI/2013 and the Constitutional Court Decision No. 55/PUU-XVII/2019 and its suitability with the design of the election administration according to the 1945 Constitution of the Republic of Indonesia. To measure the consistency of the two Constitutional Court Decisions, the meaning of the original intent of holding elections simultaneously according to the Amendment of the 1945 Constitution of the Republic of Indonesia will be used. This is normative legal research, which uses approach legislation (statute approach) and historical approach (historical approach). The results of this study indicate that the judge's considerations in the Constitutional Court Decision 14/PUU-XI/2013 are inconsistent with the Constitutional Court Decision 55/PUU-XVII/2019. Based on the original intent study, the Amendrs to the 1945 Constitution of the Republic of Indonesia disagreed on the simultaneous implementation of the General Election in Indonesia. So the judge's consideration in the Constitutional Court's decision Number 14/PUU-XI/2013, which requires simultaneous elections, is not following the design of the election administration according to the amendment to the 1945 Constitution of the Republic of Indonesia. Six alternatives for the simultaneous implementation of elections.

“You're Only Ever A Block From The ‘Hood”

This article explores the use of sound, lyrics, and performance as tools for spatial reorientation and reimagining, identity formation and affirmation, and counternarrative or counterarchive in a rapidly gentrifying contemporary Detroit, Michigan. Two discrete, yet discursively linked case studies are presented—performances by the same artist in two different spaces—that exhibit various modes of “flipping,” slang that can refer to multiple transformative practices in contemporary Detroit. These practices include the use of overdetermined spaces, or spaces that have been declared abandoned or vacant, for something other than their original intent—i.e. using a decommissioned automobile plant as a music video set; sampling, which can be understood as using sonic components from previously recorded songs in the creation of new hip-hop beats; buying homes in a state of disrepair, fixing and reselling them at large profits; and inverting meaning itself, via slang or coded language. Additionally Black techniques of sounding and performance are illuminated, with a focus on echo as a mode of co-creation. These various practices are all responses to the growing wave of gentrification that gains momentum in the city daily. The analysis draws primarily from ethnographic research conducted from 2016 to 2018, culling data from participant observation, recorded interviews, informal conversations, field notes, lyrical and video analysis, and the analysis of mediated accounts, both print and online. As the analysis shows, the strategies utilized by artists in Detroit ensure that no matter how much the spaces in Detroit continue to change, and no matter how much an attempt is made to provide racially curated space through various forms of violence, you’re only ever a block from the ‘hood.

Remembering Miramar, Forgetting Whātaitai

<p>Te Whanganui a Tara Wellington City has a long history dating back to legendary individuals, including Maui and Kupe. The harbour is dotted with sites associated with a history that has accumulated over several centuries. Colonial settlement concealed many of these pre-European sites with what is now Wellington City. Today many of these buildings that constitute Te Whanganui a Tara Wellington are considered heritage fabric or relics of the past. This thesis aims to examine and define such a context of a site’s past that is both concealed and concealing. The research breaks the past of the harbour down into two periods; Te Ao Tawhito (the old world) and Te Ao Hou (the new world), allowing for a segregated study of pre-European and post-European history. Many of these relics evoke, express or give insight into the past of Te Ao Hou. At times this history seems privileged due to the existence of relics. While methods such as preservation or restoration are valuable tools for a relic based design project, they do not address the matter of concealment. Two issues arise: Firstly, how could an intervention such as a mnemonic device express, evoke or give insight into the past that for numerous reasons are not presently interpretable at a site? Secondly, how could such an intervention interact with a relic that now remains on a site, as a valued vestige of the past? Part one of the thesis consists of project one, which is a design for a Japanese bath-house on Seatoun Ridge in Motu-Kairangi Miramar. This design attempts to evoke, express and give insight into an era of the past from Te Ao Tawhito. This period is not presently apparent or evoked at the site although the era of concern is well known and important. The purpose of this project is to explore analogy as a design method, which through referencing the past, allows a new building to act as a mnemonic device expressing, evoking or giving insight into Te Ao Tawhito. Part two follows with a second project consisting of three designs for an aquarium that explore how a mnemonic intervention could exist on a site that hosts a relic. Point Gordon on the northern tip of the peninsula was once a pa during Te Ao Tawhito and a military base during Te Ao Hou. This site is well suited for the second project because a relic of the latter period remains, subsequently concealing the ancient site of the former period. This project explores a metamorphic design method that allows a site to be developed while considering the following values of a relic: its original intent, its age value or its historic meaning. The metamorphic approach used in the second project juxtaposes, weaves or wraps a mnemonic intervention into the site, allowing the relic to be valued for either of the above qualities, which it may possess. The two projects have resulted in two design methods that could guide further design projects acknowledging a site’s layered histories whether interpretable or not. The thesis discusses three issues that are important to this research. Firstly, the past is considered as an important aspect of a communities culture, identity and well-being. Secondly, relics and mnemonic interventions are discussed as having equal value and special attention should not lay with relics. Lastly, the research reflects on how questions can be more valuable than terminology.</p>

Remembering Miramar, Forgetting Whātaitai

<p>Te Whanganui a Tara Wellington City has a long history dating back to legendary individuals, including Maui and Kupe. The harbour is dotted with sites associated with a history that has accumulated over several centuries. Colonial settlement concealed many of these pre-European sites with what is now Wellington City. Today many of these buildings that constitute Te Whanganui a Tara Wellington are considered heritage fabric or relics of the past. This thesis aims to examine and define such a context of a site’s past that is both concealed and concealing. The research breaks the past of the harbour down into two periods; Te Ao Tawhito (the old world) and Te Ao Hou (the new world), allowing for a segregated study of pre-European and post-European history. Many of these relics evoke, express or give insight into the past of Te Ao Hou. At times this history seems privileged due to the existence of relics. While methods such as preservation or restoration are valuable tools for a relic based design project, they do not address the matter of concealment. Two issues arise: Firstly, how could an intervention such as a mnemonic device express, evoke or give insight into the past that for numerous reasons are not presently interpretable at a site? Secondly, how could such an intervention interact with a relic that now remains on a site, as a valued vestige of the past? Part one of the thesis consists of project one, which is a design for a Japanese bath-house on Seatoun Ridge in Motu-Kairangi Miramar. This design attempts to evoke, express and give insight into an era of the past from Te Ao Tawhito. This period is not presently apparent or evoked at the site although the era of concern is well known and important. The purpose of this project is to explore analogy as a design method, which through referencing the past, allows a new building to act as a mnemonic device expressing, evoking or giving insight into Te Ao Tawhito. Part two follows with a second project consisting of three designs for an aquarium that explore how a mnemonic intervention could exist on a site that hosts a relic. Point Gordon on the northern tip of the peninsula was once a pa during Te Ao Tawhito and a military base during Te Ao Hou. This site is well suited for the second project because a relic of the latter period remains, subsequently concealing the ancient site of the former period. This project explores a metamorphic design method that allows a site to be developed while considering the following values of a relic: its original intent, its age value or its historic meaning. The metamorphic approach used in the second project juxtaposes, weaves or wraps a mnemonic intervention into the site, allowing the relic to be valued for either of the above qualities, which it may possess. The two projects have resulted in two design methods that could guide further design projects acknowledging a site’s layered histories whether interpretable or not. The thesis discusses three issues that are important to this research. Firstly, the past is considered as an important aspect of a communities culture, identity and well-being. Secondly, relics and mnemonic interventions are discussed as having equal value and special attention should not lay with relics. Lastly, the research reflects on how questions can be more valuable than terminology.</p>

Maximizing Benefits From Punctual Ocean Infrastructure: An Ethical Perspective

Ethics are becoming a component of best practices in ocean science and observing systems, with the research community facing a duty to society to maximize the efficient use and benefits that stem from investments in ocean science/monitoring. Sustained ocean observing systems on issues of global importance are coordinated, internationally sanctioned and making the most out of the resources accorded to them and consequently fulfilling their duty to society. However, globally huge investments are made annually in establishing infrastructure for shorter-term, punctual studies that address targeted as opposed to broad science needs. More could be done to maximize the benefits and impacts of these punctual efforts. Given punctual infrastructure’s small and frequently transient nature, connections to enable sharing will probably be done locally, and both potential additional users and owners of the infrastructure will need to be energetic, receptive and flexible. The accommodation of new uses will have to be balanced against any costs of these additional activities, which could pose an ethical dilemma in themselves if they compromise the infrastructure’s ability to meet its original intent. However, such adaptive infrastructures may be the most efficient way to provide the resources needed to identify and monitor emerging or new ocean stressors.

The Theory and Measurement of Expertise-Based Problem Solving in Organizational Teams: Revisiting Demonstrability

The current paper revisits and builds upon task demonstrability, which defines the criteria necessary for groups to choose a correct response if any member prefers that response. We identify boundary conditions of the current conceptualization of task demonstrability with respect to its use in understanding modern organizational teams. Specifically, we argue that, in its current form, task demonstrability is not optimally suited to studying ongoing teams in which member expertise varies and teams work to complete complex multifaceted tasks. To address this issue, we provide a revisited perspective on demonstrability. We specify the nomological network of revisited demonstrability and recast each of its criteria in a form that preserves the original intent of the construct, but has broader applicability, particularly to organizational contexts. We then discuss theoretical implications and managerial applications of the construct. Finally, noting that there is no standard assessment tool for demonstrability (original or revisited), we develop and validate a measure to facilitate future research.

Indigenous Peoples, Identity, and Free, Prior, and Informed Consultation in Latin America

This chapter documents the social life of the right to free, prior, and informed consultation in Latin America. Challenging the original intent of the signatories of International Labour Organization (ILO) Convention 169 on Indigenous and Tribal Peoples (1989), Indigenous peoples, subaltern communities, and their advocates—a tacit coalition of activists, scholars, judges, legislators, and diplomats—work at the intersection of law and anthropology to redefine and substantiate the right to consultation. Two movements characterize this endeavour. First, the right is being broadened, significantly expanding the legal subjects able to claim its enforcement. Second, consultation is being upgraded from a soft to a solid right, deepening it, so to speak, as a way of overcoming the procedural trap that reduces consultations to rituals of domination. Interestingly, corporations and multilateral banks are acknowledging this decolonizing reinterpretation of the right to free, prior, and informed consultation. While its full-blown implementation as an expression of the right of Indigenous self-determination is still utopian, both broadening and deepening the right to consultation empower Indigenous and subaltern communities in their daily struggles against extractivism and developmentalism.

The Original Intent of Settings Judicial Review of Local Regulations in Indonesia

There are differences in the characteristics of judicial review in the Supreme Court and in the Constitutional Court in terms of the object being tested and the use of test stones that are indeed by the authority granted by the 1945 Constitution. The principle of audi et alteram partem is a general principle in the study of law, so the judicial review process in the Supreme Court which is only one-way and closed should not be carried out. This article analyzes and explores the original intent of granting judicial review authority to regional regulations at the Supreme Court. This article is normative legal research conducted by examining legal materials (library studies) or secondary data. The original intent the granting of judicial review authority to the Supreme Court is intended to foster checks and balances between various high state institutions. In addition, the granting of the right of judicial review is intended to enforce checks and balances between the three branches of power.

Stosowanie przepisów prawa spadkowego Code civil przez sądy Wolnego Miasta Krakowa – sprawa Sawiczewskich

The Application of the Law of Succession of the Code civil by the Judiciary of the Free City of Kraków – the Sawiczewscy Case The aim of this paper is to present the in-depth study of the only one piece of the adjudication activity of the judiciary in the Free City of Cracow (1815–1846) – the Sawiczewscy case. Named after its subject, the division of the estate of well-known Cracow’s pharmacist and university professor Józef Sawiczewski, the case is the example of rich source of material for the researcher in the field of the application of the French law of succession in the Republic of Cracow. In its first part the article describes the case proceedings including written pleadings lodged by the parties, rulings of the Cracow’s courts: the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and also the opinion of the Professors and Doctors of the Faculty of Law of the Jagiellonian University. Due to that detailed analysis, the process of the interpretation of the Code civil regulations by the Cracow’s lawyers can be fully understood and properly evaluated. The comparative base for that evaluation is presented in the second part of the paper, which outlined the nineteenth century French interpretation of institutions of the law of succession applied in the case, i.e. the restitutions (rapports) and the disposable proportion (quotité disponible). As regards this base the outcomes are unsatisfactory since the members of the judiciary of the Free City of Kraków failed to meet not only the original intent but also the contemporary French understanding of the law of succession of the Code civil.

Unreliable Accounts: How Regulators Fabricate Conceptual Narratives to Diffuse Criticism

In 2010, the U.S. accounting rulemaker (FASB) updated its longstanding constitution to eliminate “reliability” as a fundamental accounting property. FASB argued that “reliability” was misunderstood in practice and that this amendment clarified its original intent. Drawing on primary archival resources and field interviews with regulators, I provide evidence that the change also sought to legitimize the rise of fair-value accounting. By eliminating the need for accounting to be “reliable,” the change attempted to neutralize concerns about the subjectivity in fair-value estimates. Such subjectivity can facilitate accounting manipulation, and some fair-value rules can be attributed to lobbying by managers who stand to benefit. The change illustrates “conceptual veiling,” wherein regulators, seeking to diffuse criticism, including suspicions of capture, manufacture costly conceptual narratives for justifying their actions.