Kedudukan Putusan Mahkamah Konstitusi dan Perlindungan Hak Konstitusional Penghayat Kepercayaan

This study is a normative legal research which aims at discovering answers of two fundamental questions, namely, first, how is the status of the decisions of the Indonesia’s Constitutional Court according to the country’s constitutional system; secondly, what legal remedies may be pursued by the Indonesian citizens who are followers of indigenous beliefs whose constitutional rights to embrace such beliefs remain infringed despite there has been the decision of the Indonesia’s Constitutional Court Number 97/PUU-XIV/2016 which confirms the constitutional guarantee of such beliefs. With respect to the first issue, the study found that the status of the Court’s decision was equal to Law because it was the product of a negative legislator. In addition, because the Court was also the interpreter of the Constitution (UUD 1945), then its decision was the Court’s constitutional interpretation concerning the issue at hand. As to the second issue, the study found that the followers of indigenous beliefs could file several legal remedies, namely citizen suit; class action; individual law suit; and submitting a formal complaint to the president, as the highest chief administrative officer, asking the president to reprimand its subordinates and to instruct them to observe the Court decision. Kajian ini adalah sebuah penelitian hukum normatif yang bermaksud menemukan jawaban atas dua pertanyaan mendasar yaitu, pertama, bagaimana kedudukan dari putusan Mahkamah Konstitusi menurut sistem ketatanegaraan Indonesia; kedua, jalan hukum apa yang dapat ditempuh oleh warga negara Indonesia penghayat kepercayaan yang hak konstitusionalnya untuk menganut keyakinan tersebut tetap dirugikan meskipun telah ada Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016 yang menegaskan jaminan konstitusi terhadap hak tersebut. Terhadap isu pertama, kajian ini menemukan jawaban bahwa kedudukan putusan Mahkamah Konstitusi adalah setara dengan undang-undang karena merupakan produk dari negative legislator. Sebagai tambahan, oleh karena Mahkamah Konstitusi juga merupakan penafsir Konstitusi (UUD 1945), maka putusannya adalah penafsiran konstitusional Mahkamah terhadap masalah yang sedang ditanganinya. Terhadap isu kedua, kajian ini menemukan jawaban bahwa penghayat kepercayaan dapat mengajukan beberapa upaya hukum, yaitu gugatan warga negara, gugatan kelompok, gugatan individual, dan membuat pengaduan resmi kepada presiden, selaku kepala pemerintahan tertinggi, dan meminta agar presiden memperingatkan bawahannya serta memerintahkan mereka untuk mematuhi putusan Mahkamah Konstitusi.

‘Looting and overtures and acts of indecency by Black and Tans’: the pursuit of justice for acts of sexual violence during Ireland’s War of Independence (1919-21)

In April 1921, while Waterford was under martial law, Brigid Fahy, a native of Dungarvan, and her maid Bridget O’Neill, became victims of a violent assault in their home during curfew hours. The alleged perpetrators were two ‘Black and Tans’ attached to the RIC barracks in the town. They subsequently returned to the residence and burned it as a reprisal for the formal complaint made by Fahy about their behaviour. This article explores how the police, the military and the state responded to Fahy’s public pursuit of justice. Drawing on the correspondence between Dublin Castle and senior military officers, as well as Fahy’s sworn statement, it highlights the tensions that existed between the civil and military authorities in Ireland during this period. Central to the narrative is chief secretary Sir Hamar Greenwood, who—despite his elevated position within the Irish administration—could not persuade General Strickland’s 6th Division to communicate any information on the case, leaving Greenwood in an almost untenable position when confronted with questions on the matter in the House of Commons. Fahy’s case not only highlights the breakdown in communications that existed between Dublin Castle and the military, but demonstrates the breakdown of trust between the citizens of Dungarvan and the RIC. It argues that crimes of this nature may have been under-reported, as women had no incentive to report the crimes of the RIC and every reason to refrain from doing so.

Hedged Turkish complaints and requests in the Problem-Solution text pattern

This study investigates to what extent Turkish formal complaint letters followed the ‘Problem-Solution Pattern’ (Hoey 1983), and on how the writers expressed their wishes when they explained their problem and asked the authorities to amend a mistake. The study is based on a corpus of 134 Turkish complaint letters. It draws upon Flowerdew’s (2008, 2012) approach to the problem-solution pattern and the role of clause relations in this text pattern. Results showed that age-old Turkish rhetorical norms led writers’ choice of lexico-grammatical patterns in reflecting politeness in order to maintain their own and the recipients’ faces. The speech acts (complaint and request) in the ‘Problem and Solution’ parts below were hedged and impersonalized. The Turkish traditional rhetorical formula that was used in the request does not explicitly ask the reader to do something; in this way, the writers attempt to protect both their own face and that of the reader.

Race and Police Misconduct Cases

Racial disparities abound in policing, and police misconduct is no exception. Literature on race and police misconduct can be categorized into three sub-themes: race and (a) civilian complaints about police misconduct, (b) public perceptions about police misconduct, and (c) officer perceptions of police misconduct. Racial disparities are apparent in the resolution of civilian complaints, and in perceptions of the ubiquity and severity of police misconduct. People of color may not always view accountability systems as legitimate or feel comfortable using formal complaint processes as a means of resolve. Officers of color report being disadvantaged by internal compliant processes, observing more misconduct than do their White peers, and feeling less comfortable with informal codes of silence. All officers generally rate misconduct involving use of force against civilians of color as more serious when compared to similar incidents involving white individuals. Officers of color, in particular, are more likely to admit beliefs that police treat people differently based on race and income. As with police outcomes more generally, race-based disparities in measures of misconduct likely persist due to a combination of complex and interconnected individual-, institutional-, and societal-level factors. Further research is needed. Lack of comprehensive reporting mechanisms nationwide poses challenges for scholars studying misconduct. There needs to be a greater diversity of methods used to study misconduct, including qualitative methods, and more evaluative studies of the variety of policies proposed as solutions to misconduct. The contexts of misconduct research must also be expanded beyond the United States and the Global North/West to offer international and comparative insights.

The Journey of a Massage Therapist’s Experience After Receiving a Formal Complaint

Discussions of professionalism and conflict within practice are an important area of enquiry as massage therapy practice continues to be recognized within the health care realm. The scientific literature has paid little attention to these massage therapy professional and ethical dilemmas. Herein, we explore one such area of conflict between a client and therapist in regard to communication and complaints. An interview was conducted to gain further insight to the situation and is structured based upon the following interview guide: description of the instance, how the therapist handled this situation, reflection on how the therapist’s actions contributed to the situation, brief discussion of how other professions handled these types of situations, and reflection on what could have been done differently.

Re: Skeletides: A Modular, Simplified Physical Model of Protein Secondary Structure

This is a rebuttal of a paper titled "Skeletides: A Modular, Simplified Physical Model of Protein Secondary Structure", published in January 2020 (Ahead of Print) and April 2020 (in-print) in the journal 3D Printing and Additive Manufacturing . A formal complaint made provided no results. Despite my complaint to the Editor-In-Chief of the journal, Skylar Tibbits, in January, this paper went ahead and got published in print in April 2020 without proper citation, mention or acknowledgement of my work. Here I enlist the similarities between my work and this paper. Parts of this rebuttal have been reproduced from my prior blogposts about the problem explaining the details of the circumstances. In order to keep this paper in print, a proper attribution of my work is necessary, and an ethical thing to do (a list of citations is provided).

Temporary Refugee and Migration Visas in Australia: An Occupational Health and Safety Hazard

Employment and work-related exploitation and discrimination are important social determinants of health. However, little is known about the experiences of people on temporary visas in Australia, particularly those on refugee visas. This article reports on a study of people living on temporary visas in South Australia and their experiences of workforce exploitation and discrimination and impacts on health. Interviews were conducted with 30 people: 11 on non-refugee temporary visas and 19 on refugee temporary visas. Data was analyzed thematically. Analysis identified experiences of exploitation and discrimination in the Australian labor market that included difficulties securing work, underpayment, overwork, and hazardous workplaces. These experiences had negative health effects, particularly on mental health. None had made a formal complaint about their treatment, citing the precarity of their visas, difficulties finding an alternative job, and lack of knowledge about what to do. The impacts were especially evident for refugees who were also grappling with pre-settlement trauma and ongoing uncertainties about their future protection. Overall, these findings of discrimination and exploitation in the workplace and subsequent ill health highlight the pervasive impact of neoliberal agendas and stress the need for industrial, immigration, and welfare reform to protect workers on temporary visas.

Research misconduct complaints and institutional logics: The case of Hans Eysenck and the British Psychological Society

A formal complaint was lodged with the British Psychological Society in 1995 that alleged serious scientific misconduct by Hans J Eysenck. The complaint referred to research into the links between personality traits and the causes, prevention and treatment of cancer and heart disease. Using a framework of institutional logics, we criticise the Society’s decision not to hear this complaint at a full disciplinary hearing. We urge the BPS to investigate this complaint afresh. We also support calls for the establishment of an independent National Research Integrity Ombudsperson to deal more effectively with allegations of research misconduct.

A mulher contemporânea e a violência: o desafio do rompimento do silêncio

A violência contra uma mulher viola direitos humanos e atualmente, persiste como um dos problemas mais graves enfrentados. Compreender os motivos pelos quais a mulher que já sofreu violência doméstica não expressa à agressão sofrida por meio da denúncia formal. Estudo de abordagem quantitativa e qualitativa com 100 mulheres que já sofreram algum tipo de violência. A maioria das entrevistadas sofreu violência física e psicológica e não realizou nenhum tipo de denúncia devido ao medo e sua capacidade de coibição de registros de ocorrências e os exames de corpo delito, apesar da ampliação da legislação que protege e assegura o direito das mulheres acometidas pela violência na sociedade. As agressões física e psicológica predominam nos tipos de violência doméstica praticados, tendo o ciúme como principal fator motivador. A divulgação das informações sobre violência doméstica e os tipos de violência é fundamental às mulheres.Descritores: Informação, Violência contra a mulher, Violência doméstica. Contemporary women and violence: the challenge of breaching silenceAbstract: Violence against women violates human rights and currently persists as one of the most serious problems faced. To understand the reasons why women that suffered domestic violence don’t express to the aggression suffered through formal complaint. Quantitative and qualitative study with 100 women who have suffered some type of violence. Most interviewees suffered physical and psychological violence, and did not make any kind of complaint due to fear and their ability of curbing occurrence records and misdemeanor body examinations, despite the expansion of the legislation which protects and ensures the right of women affected by violence in society. Physical and psychological aggressions predominate in the types of domestic violence committed, having jealousy as the main motivating factor. The dissemination of information on domestic violence and the types of violence is fundamental to women.Descriptors: Information, Violence Against Women, Domestic Violence. Mujeres contemporáneas y violencia: el desafío del silencio que violaResumen: La violencia contra la mujer viola los derechos humanos y actualmente persiste como uno de los problemas más graves que enfrentamos. Comprender las razones por las cuales la mujer que ha sufrido violencia doméstica no expresa la agresión sufrida a través de la denuncia formal. Estudio del enfoque cuantitativo y cualitativo con 100 mujeres que han sufrido algún tipo de violencia. La mayoría de las entrevistadas, que sufrieron violencia física y psicológica, no denunciaron ninguna queja debido al miedo, su capacidad para frenar los registros de sucesos y los exámenes de cuerpos criminales, a pesar de la expansión de la legislación que protege y garantiza los derechos de las mujeres afectados por la violencia en la sociedad. La agresión física y psicológica predomina en los tipos de violencia doméstica practicada, con los celos como el principal factor motivador. La divulgación de información sobre violencia doméstica y tipos de violencia es crítica para las mujeres.Descriptores: Información, Violencia contra la Mujer, Violencia Doméstica.