New Russian Legislative Approaches and Navigational Rights within the Northern Sea Route

The regulation of foreign navigation in the Northern Sea Route (NSR) has been dominated by the rules of international law applicable to merchant ships only. Neither the domestic set of rules of navigation on the NSR, based on Article 234 of UNCLOS nor the Polar Code applies to State-owned vessels. While the application of Article 234 has so far let Russia evade discussion on the navigational rights, one can expect an increasing spotlight on this issue. In response to the recent crossing of the NSR by a French warship, as well as the voices from the United States indicating similar plans, Russia has signalled the intention to adopt more stringent rules for passage of warships, potentially including the requirement of prior notification and pilotage. The aim of the paper is twofold. First, examine the navigational rights as applicable in the NSR. As such, the paper will discuss historical State practice and relevant international law to demonstrate, among other things, that the enclosure with straight baselines preserved innocent passage in all Russian Arctic straits. Second, examine the international legality of prior notification and pilotage in the context of the applicable navigational rights on the NSR.

IMPLEMENTASI SUPERVISI KUNJUNGAN KELAS KEPALA SEKOLAH DALAM MENINGKATKAN KINERJA GURU SDN KROOY KABUPATEN KAIMANA PAPUA BARAT

This study aimed to analyze the implementation of classroom visit supervision to improve teacher performance at SD Negeri Krooy, Kaimana Regency, West Papua Province. This research is qualitative research using the descriptive method. The informants are the principal, teacher supervisor. To obtain data, in-depth interviews, participatory observations, and documentation studies were conducted. The research instrument used was an observation interview guide and a documentation checklist. The results of this study are: 1) The principal prepares the program, and determines the schedule for the implementation of supervision through class visits by informing, the principal prepares administration, and prepares mastery materials; 2) Supervision of class visits without prior notification, supervisors suddenly come to class and check the lesson plans, and syllabus; 3) Implementation of class visit supervision at the invitation of the teacher, the principal fulfills the invitation of the teacher supervision teacher by checking the lesson plans, and syllabus; 4) Implementation of the supervision of the principal's class visits to overcome the obstacles of lack of confidence, lack of scientific spirit, weak creativity, and lack of facilities; and 5) The impact can improve the quality of teacher performance, increase the effectiveness of the curriculum, increase the effectiveness and efficiency of facilities and infrastructure, improve the quality of school management.Keywords: Classroom Visit Supervision; Principal; Teacher PerformanceTujuan dari penelitian ini adalah menganalisis pelaksanaan supervisi kunjungan kelas dalam rangka meningkatkan kinerja guru di SD Negeri Krooy Kabupaten Kaimana, Provinsi Papua Barat. Penelitian ini merupakan penelitian kualitatif dengan menggunakan metode deskriptif. Informannya adalah kepala sekolah, pengawas guru. Untuk memperoleh data dilakukan wawancara mendalam, observasi partisipatif, dan studi dokumentasi. Instrumen penelitian yang digunakan ialah pedoman wawancara observasi dan checklist dokumentasi. Hasil dari penelitian ini adalah: 1) Kepala sekolah menyusun program, dan menentukan jadwal pelaksanaan supervisi melalui kunjungan kelas dengan memberitahukan, kepala sekolah menyiapkan administrasi, dan menyusun materi penguasaan; 2) Pelaksanaan supervisi kunjungan kelas tanpa adanya pemberitahuan awal, pengawas tiba-tiba datang ke kelas dan mengecek RPP, dan silabus; 3) Pelaksanaan supervisi kunjungan kelas atas undangan guru, kepala sekolah memenuhi undangan guru supervisi guru dengan memeriksa RPP, dan silabus; 4) Pelaksanaan supervisi kunjungan kelas kepala sekolah mengatasi kendala kurang percaya diri, kurang semangat keilmuan, lemah kreativitas, dan minim fasilitas; dan 5) Dampaknya dapat meningkatkan kualitas kinerja guru, meningkatkan efektivitas kurikulum, meningkatkan efektivitas dan efisiensi sarana dan prasarana, meningkatkan kualitas manajemen sekolah.Kata Kunci: Supervisi Kunjungan Kelas; Kepala Sekolah; Kinerja Guru

COMPATIBILITY OF INDONESIA’S REGULATIONS ON SUBMARINE CABLE WITH UNCLOS 1982

The special status of Exclusive Economic Zone of Indonesia (EEZ) raises a problem particularly related to the submarine cable laying activities. This study aims to analyze the compatibility of the marine location permit instrument under Law No. 32/2014 on Marine Affairs and Government Regulation No. 32/2019 on National Marine Spatial Planning (MSP) with UNCLOS 1982 in regulating submarine cable in the EEZ. This normative research shows that the marine location permit instrument regulating submarine cable laying activity in EEZ is incompatible with the provisions of UNCLOS 1982. In contrast, the MSP instrument is compatible and a suitable instrument to protect Indonesia's interests in the EEZ. The Government of Indonesia is advised to regulate an exemption clause for submarine cable installation in EEZ in the Draft of Government Regulation on Marine Location Permit; formulate and formalize ‘prior notification’ procedures by other countries in submarine cable laying activities in EEZ into laws and regulations; and publish the Government Regulation on Marine Spatial Planning and its annexes through the channels of relevant international organizations such as International Cable Protection Committee (ICPC) and Intergovernmental Oceanographic Commission (IOC).

Legal Action for Pre-Project Selling Based Buyers Whose Apartment Specification Have Changed Without Prior Approval

One of the alternatives that can be used as a residence is an apartment. This study aims to know and analyze how the apartment buyers' dispute settlement is experiencing changes in the apartment location without prior notification and approval. This is normative legal research that will explore the legislation's contents. Based on the study results, the sale and purchase of apartments done by ordering then made a Sale and Purchase Agreement (PPJB) that ensures the apartment will not be sold to others and delivered according to the time specified. Besides, it also regulated in Law Number 8 the Year 1999 concerning Consumer Protection and Law Number 20 the Year 2011 on Flats. Therefore, in case of misuse in the sale and purchase of an apartment, the consumer may initiate legal action based on the existing PPJB and Consumer Protection Law.Keywords: PPJB, Apartment, Consumer

An apple of discord: pre-trial procedure in international justice and in the jurisprudence of the EAEU Court

The present article assesses the approaches elaborated in the decisions of international courts and tribunals as well as in the doctrine of international law towards the legal value of pre-trial requirements. The role and significance of such requirements started to increase since almost in any case submitted to a court or arbitration the respondent states try firstly to question either jurisdiction of the court or tribunal in the specific case or admissibility of the claim. As a rule, such objections are based on allegations that the claimant failed to comply with pre-trial requirements such as direct negotiations or prior notification of the respondent about the claimant’s intention to submit the dispute for compulsory adjudication. Despite an absence of customary rule of international law about the necessity and precise content of such pre-trial requirements, international treaties stipulating compulsory dispute adjudication almost by default contain such pre-trial requirements of different kind and combination. Current jurisprudence of international courts and tribunals (International Court of Justice, Court of Eurasian Economic Union, and investment arbitration tribunals) dealing with such objections by the respondents reveals a lack of consensus in the treatment of pre-trial requirements either as jurisdictional or admissibility objections. The commentators also differ on assessment of the role and normative significance of pre-trial requirement. Nevertheless, the authors view such requirements as one of jurisdictional characteristics based on the consent of the states to limits their sovereignty by agreeing in advance in the applicable international treaty to submit any future disputes for compulsory adjudication subject to stipulated limitations and conditions, for instance, necessity for a claimant to follow certain pre-trial requirements. A claimant’s failure to follow such requirements should be considered as sufficient ground for a court or tribunal handling such claim, to declare a lack of its jurisdiction in the case and to refuse to consider the merits of the case.

Prior Notification and Water Rights

International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensuring the protection of international watercourses. On the contrary, the lack of notification and consultation may aggravate disputes as in the case of the Great Renaissance Dam along the Nile River. The UN Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) provides a detailed procedural framework on prior notification and consultation. This essay outlines the established characteristics of the prior notification and consultation duty, then argues that the duty should be viewed not only as an inter-state obligation but also as including the obligation to inform and consult local communities.

Factors associated with the homicides of women who are victims of violence

ABSTRACT Objectives: to identify factors associated with homicides in women who had prior notification of violence in the state of Pernambuco, 2011 to 2016. Methods: a transversal, quantitative and observational study, guided by the STROBE tool, with data of homicides of women obtained from the Mortality Information System; and of violence against women, from the Grievance Notification Information System. The logistic regression model was used to verify the factors associated with the homicides. Results: there were 32,308 cases of violence against women and 1,162 homicides. The chances of homicide were higher for women: victims of physical violence (2.39 times more), aggression by object of court (2.32 times more), aggression by firearm (6 times more), and when there was a recurrence of violence (3.82 times more). Conclusions: association of physical violence, agression by object of court, aggression by firearm, recurrence of violence with homicides of women in the state of Pernambuco was found.

Evaluation of Clinical No-Show Rates in the Setting of an Outpatient Internal Medicine Residency Clinic

A no-show appointment is clinically defined as a scheduled appointment in which a patient fails to attend without prior notification to the provider or staff. In primary care clinics, no-show rates have been shown to range from 15% to 30%. Smaller studies have shown that interventions including phone calls, emails or text message reminders can reduce no-show rates.1–9 Our retrospective review sought to evaluate a similar intervention performed at the Multispecialty Residency Clinic (MSC). A test of two proportions was performed to evaluate the effect of a 24-hour reminder phone call. The no-show rate before initiating a 24-hour phone call was 17.8%, and following the intervention this rate improved to 16%, an observed reduction of 1.9% with a 95% confidence interval (CI) from 0.1% to 3%, p = 0.003. New patient encounters, established patient visits and cancellations were analyzed as secondary endpoints to further evaluate the effects of a reminder phone call. Our retrospective analysis is the largest to date regarding the effectiveness of utilizing phone call reminders to reduce no-show rates in the setting of a residency clinic and has confirmed a significant 2% reduction in no-show appointments.