valid evidence
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2022 ◽  
pp. 104973152110695
Author(s):  
Emiko A. Tajima ◽  
Angelique G. Day ◽  
V. Kalei Kanuha ◽  
Jessica Rodriquez-JenKins ◽  
Jessica A. Pryce

In this commentary, we respond to Barth, R. P., Berrick, J. D., Garcia, A. R., Drake, B., Jonson-Reid, M., Gyouroko, J. R., and Greeson, J. K. P. (2021). Research to consider while effectively re-designing child welfare services. Research on Social Work Practice. https://doi.org/10.1177/10497315211050000 and critique their premise that Western-based research with population-level administrative data is the best and only valid evidence on which to base child welfare policy and practice changes. We offer an alternative viewpoint on what forms of evidence should be brought to bear as we consider re-envisioning the child welfare system, highlighting the importance of lived experience and the need to consider the evidence regarding all marginalized racial and ethnic groups. We argue that evidence should represent the perspectives of those with lived experience and that collaborative child welfare research can strengthen the validity of analyses and interpretations. We hold that Barth et al. ask and answer the wrong questions. We press for deeper critical reflection, a more nuanced intersectional lens, and urgent action to address structural and institutional racism in the child welfare system.


2021 ◽  
Author(s):  
Damien Neadle ◽  
Jackie Chappell ◽  
Zanna Clay ◽  
Claudio Tennie

It remains unclear when and why the ability to copy actions evolved and also its uniqueness to humans. Thus far, a lack of valid evidence for spontaneous action copying by other apes supports the view that only humans spontaneously copy actions. However, wild apes have access to multiple demonstrators and have been demonstrated to be affected by majority influences, thus raising the possibility that ape action copying might require a majority ratio of demonstrators to observers. We tested for spontaneous ape action copying across all four non-human great ape species using a demonstrator majority. Nineteen captive mother-reared apes (across 4 species) were tested (Raage=9-52; Mage=18.63; ♀=14; ♂=5). All failed to copy the demonstrated actions, despite observing it in a majority influence condition. We conclude that culture in non-human great apes is more likely supported by variants of social learning which regulate frequencies, rather than forms, of observed behaviours.


2021 ◽  
Vol 2 (3) ◽  
pp. 611-617
Author(s):  
Cokorda Agung Cahaya Darmadi ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma

The rapid development of technology and telecommunications makes it easier for someone to send a letter via e-mail because the use of e-mail is considered cheap and fast. In addition, the data that we send via email will be stored, so that if at any time there is a problem related to the letter, it is easy to find physical evidence of the letter in the email. From this phenomenon, this research was conducted with the aim of examining how to prove the use of email based on the ITE Law and examine the strength of email in the trial process when it is associated with article 1866 of the Civil Code. This study uses a normative legal research type by applying the legislation approach and the case approach. The legal materials used are primary, secondary and tertiary obtained through literature study. After the data is collected, the data is processed by descriptive qualitative analysis. The results of the study show that e-mail verification as evidence in civil case trials can be used in trials regarding the legal aspects of e-mail application in enforcing the law. With the development of today's technology through communication media known as the internet, it has changed the way of thinking and acting which then has an impact on the law. The strength of e-mail evidence as a process of proof in court when it is associated with Article 164 HIR regarding valid evidence.


2021 ◽  
Vol 2 (3) ◽  
pp. 641-645
Author(s):  
Putu Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.


2021 ◽  
Vol 2 (3) ◽  
pp. 628-632
Author(s):  
Luh Ketut Ayu Andayani ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

The increase in the use of narcotics has recently shown a higher number. This creates problems for both the general public and individuals. The actions of drug abusers are very disturbing, starting from the family environment to the surrounding environment. As a result, many children are physically and mentally damaged. Of course, this will greatly affect their future. This study aims to examine the legal regulations for the criminal act of narcotics abuse by adolescents in Gianyar Regency and examine the judge's considerations in imposing criminal sanctions on narcotics abusers in Gianyar Regency. This research was designed using normative legal research with a statutory approach and a conceptual and problem approach. The data used were primary and secondary legal data. The data were obtained through field research using note-taking and documentation techniques. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the application of material criminal law by the judge in case Number 516/Pid.Sus/2015/PN.Mks was fitting with the fulfillment of the elements of Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics by declaring the defendant legally and convincingly guilty of committing a crime of narcotics abuse. The judge's legal considerations in deciding the case Number 516/Pid.Sus/2015/PN.Mks were appropriate based on normative and sociological juridical considerations and by looking at valid evidence


2021 ◽  
Vol 2061 (1) ◽  
pp. 012124
Author(s):  
D B Efimenko ◽  
R N Zaikin

Abstract The object of research is the security of cargo in case of alteration of vehicle traffic parameters. The necessity of this research is explained by the lack of methodology and practice in applying the data provided by the navigation communication units installed in vehicles. It is proposed to apply the navigation data in the cargo security monitoring. The research theoretical significance lies in the possibility of creating a virtual online model of cargo’s condition during transportation in real time. The research practical significance lies in the possibility of creating a key element in the system of digital logistics designed for analyzing and monitoring supply chains in terms of transportation quality and cargo security. Practical application of the proposed conclusions will provide for improvement of the sphere of cargo transportation monitoring, the sphere of settling losses; it will facilitate speeding up the processes of goods damage assessment and mutual settlement of accounts; it will present valid evidence in litigation.


Author(s):  
Roddy Walsh ◽  
Arnon Adler ◽  
Ahmad S Amin ◽  
Emanuela Abiusi ◽  
Melanie Care ◽  
...  

Abstract Aims Catecholaminergic polymorphic ventricular tachycardia (CPVT) and short QT syndrome (SQTS) are inherited arrhythmogenic disorders that can cause sudden death. Numerous genes have been reported to cause these conditions, but evidence supporting these gene–disease relationships varies considerably. To ensure appropriate utilization of genetic information for CPVT and SQTS patients, we applied an evidence-based reappraisal of previously reported genes. Methods and results Three teams independently curated all published evidence for 11 CPVT and 9 SQTS implicated genes using the ClinGen gene curation framework. The results were reviewed by a Channelopathy Expert Panel who provided the final classifications. Seven genes had definitive to moderate evidence for disease causation in CPVT, with either autosomal dominant (RYR2, CALM1, CALM2, CALM3) or autosomal recessive (CASQ2, TRDN, TECRL) inheritance. Three of the four disputed genes for CPVT (KCNJ2, PKP2, SCN5A) were deemed by the Expert Panel to be reported for phenotypes that were not representative of CPVT, while reported variants in a fourth gene (ANK2) were too common in the population to be disease-causing. For SQTS, only one gene (KCNH2) was classified as definitive, with three others (KCNQ1, KCNJ2, SLC4A3) having strong to moderate evidence. The majority of genetic evidence for SQTS genes was derived from very few variants (five in KCNJ2, two in KCNH2, one in KCNQ1/SLC4A3). Conclusions Seven CPVT and four SQTS genes have valid evidence for disease causation and should be included in genetic testing panels. Additional genes associated with conditions that may mimic clinical features of CPVT/SQTS have potential utility for differential diagnosis.


2021 ◽  
Vol 8 ◽  
Author(s):  
Sikai Wang ◽  
Qiang Sheng ◽  
Feng Zhao ◽  
Tingting Zhang ◽  
Ping Zhuang

The removal of invasive plants is a global concern, and ecological restoration methods have been a major research topic in recent years. In the estuarine salt marsh of the Yangtze River, dikes are typically used in ecological restoration projects to eradicate the invasive plant Spartina alterniflora. We explored ways of optimizing dike construction and of providing an effective basis for the wetland ecological control and protection of biodiversity and analyzed the effects on the macrobenthos of fully and partially dikes. The measurement of the quantitative change in macrobenthos diversity and species composition was carried out in the project area and in a control before (2013) and after (2016) dike construction. Results showed that the number of species and average density decreased significantly in the fully diked enclosed area but increased in the partially diked semi-enclosed area. Outside the project area, all site samples showed increased species richness and average density after dike construction. This study indicated that macrobenthos was negatively affected by the dike project in the inside diked area. However, when the tidewater canals were preserved to maintain the connection between the inside and outside areas, there was a positive effect on macrobenthos in the project area. We suggest that canals are preserved while diking in the salt marsh and that gates are opened regularly to maintain the water and nutrient connectedness inside and outside the dike. The diking project mostly affected mollusks and polychaetes, which are the indispensable food sources for birds and fish. The study provides valid evidence for the management of estuarine salt marsh and the protection of macrobenthos.


2021 ◽  
Vol 4 (5) ◽  
pp. 1953
Author(s):  
Rachmad Firmansyah

AbstractIn the context of carrying out the task of eradicating illicit abuse and illicit trafficking of Narcotics and Narcotics Precursors, the investigator has the authority to conduct urine tests on a person suspected of being an abuser, as stipulated in Article 75 letter l of Law Number 35 Year 2009 concerning Narcotics. The urine sample that has been taken will then be tested based on the development of science and technology in the narcotics testing laboratory which is then poured in the minutes of the test results. The minutes of the test results are valid evidence as determined by Article 184 of the Criminal Procedure Code. Someone who has a positive urine test result can be arrested and named as a suspect of narcotics abuse based on sufficient preliminary evidence. Suspects of abuse of Narcotics can be convicted in accordance with Article 127 paragraph (1) of the Narcotics Act. Thus the legal issues in this study is the Urine Test Results Are Used as the Basis for Assigning a Person to Be a Narcotics Abuse and Classification of Urine Test Results as Evidence As a Provision for Article 184 of the Criminal Procedure Code.Keywords: Urine Test; Preliminary Evidence; Determination of Suspect; Valid Evidence.AbstrakDalam rangka melaksanakan tugas pemberantasan penyalahgunaan dan peredaran gelap Narkotika dan Prekursor Narkotika penyidik berwenang melakukan tes urine terhadap seseorang yang diduga sebagai penyalah guna, sebagaimana diatur pada Pasal 75 huruf l Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika. Sampel urine yang telah diambil selanjutnya akan diuji berdasarkan perkembangan ilmu pengetahuan dan teknologi di laboratorium uji narkotika yang kemudian dituangkan dalam berita acara hasil pengujian. Berita acara hasil pengujian merupakan alat bukti yang sah sebagaimana ditentukan Pasal 184 KUHAP. Terhadap seseorang yang hasil tes urinenya positif dapat ditangkap dan ditetapkan sebagai tersangka penyalahgunaan Narkotika berdasarkan bukti permulaan yang cukup. Tersangka penyalahgunaan Narkotika dapat dipidana sebagaimana ketentuan Pasal 127 ayat (1) Undang-Undang Narkotika. Dengan demikian rumusan masalah dalam penelitian ini adalah Hasil Tes Urine Dijadikan Dasar Untuk Menetapkan Seseorang Sebagai Tersangka Penyalahguna Narkotika dan Klasifikasi Hasil Tes Urine Sebagai Alat Bukti Sebagaimana Ketentuan Pasal 184 KUHAP. Kata Kunci: Tes Urine; Bukti Permulaan; Penetapan Tersangka; Alat Bukti Yang Sah.


2021 ◽  
Vol 4 (5) ◽  
pp. 1937
Author(s):  
Put Fui Syafira Basuki

AbstractWitness testimony is evidence tool in the first sequence in the Criminal Procedure Code (KUHAP) so it can be said there is no criminal case which escapes from the proof of witness testimony. The legal requirement for a witness's statement is when a witness takes an oath. However, in article 171 letter b of the Criminal Procedure Code (KUHAP) states that a person may give testimony without swearing, that is, a person who has memory loss or mental illness, although sometimes his memory is back. In psychology is referred to psychopaat, but the information given cannot be justified perfectly and his information is only used as a guide or additional legal evidence tool as long as it is compatible with legal evidence tool. This study uses the typology of doctrinal research with a legislation approach, conceptual approach, and case approach. Witness testimony given without the oath is considered not a valid evidence but is used as an adjunct to perfect the strength of legal evidence tool because it can strengthen the judge's conviction.Keywords: Evidence Tool; Witnesses; Mental Disorder; Responsibility.AbstrakKeterangan saksi merupakan alat bukti pada urutan pertama dalam KUHAP sehingga dapat dikatakan bahwa tiada suatu perkara pidana yang luput dari pembuktian keterangan saksi. Syarat sah keterangan saksi adalah ketika seorang saksi mengucapkan sumpah. Namun pada pasal 171 huruf b KUHAP menyatakan bahwa seseorang boleh memberikan keterangan tanpa sumpah yaitu orang yang mengalami sakit ingatan atau sakit jiwa meskipun kadang-kadang ingatannya kembali dalam ilmu penyakit jiwa disebut dengan psychopaat, tetapi keterangan yang diberikan tidak dapat dipertanggungjawabkan secara sempurna dan keterangannya hanya dipakai sebagai petunjuk atau tambahan alat bukti sah asalkan berkesuaian dengan alat bukti sah. Penelitian ini menggunakan tipologi penelitian doktrinal dengan pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan kasus. Keterangan saksi yang diberikan tanpa sumpah dinilai bukan merupakan alat bukti yang sah namun digunakan sebagai tambahan untuk menyempurnakan kekuatan pembuktian alat bukti yang sah karena dapat menguatkan keyakinan hakim.Kata Kunci: Alat Bukti; Saksi; Gangguan Jiwa; Tanggungjawab.


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