independence principle
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Corruptio ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 127-136
Author(s):  
Ndaru Satrio ◽  
Nina Zainab

Coordination of KPK prosecution duties as stated in Article 12A of Law no. 19 of 2019 amending Law No. 30 of 2002 concerning the Commission for the Eradication of Criminal Acts of Corruption, or Komisi Pemberantasan Korupsi (KPK) raises concerns because it creates dependence on other institutions and certainly reduces the independence of the KPK institution. As for some of the problems that need to be known from the existence of this coordination concept, among others: (1) the coordination can be directed towards the form of KPK's subordination to the prosecutor's institution; (2) coordination makes the confidentiality of data held by the KPK not maintained; (3) this coordination is very prone to conflict of interest with the prosecutor's office; (4) this coordination also raises concerns that rotten politics in the resolution of corruption cases may occur. The author uses independence principle analysis. The type of research used in compiling this paper is normative or doctrinal legal research. The research shows that coordination can be done using clear boundaries. First, coordination is still allowed to the extent that it is possible to combine cases that the KPK may not handle. Second, coordination can also be carried out in the event of merging a corruption case that is not the authority of the KPK. Third, the coordination also can be done in the case of the concurrent events. Fourth, the coordination is only related to procedural law.


2021 ◽  
Author(s):  
Víctor Herrero ◽  
Hernán Ferrari ◽  
Raul Marino ◽  
Alejandro Clausse

Abstract An experiment is conducted in a rectangular channel obstructed by a transverse line of four inclined cylindrical rods. The wall pressure around the perimeter of a central rod and the pressure drop through the channel are measured varying the inclination angle of the rods. Three assemblies of rods with different diameters are tested. The measurements were analyzed applying momentum conservation principles and semi-empirical considerations. Several invariant dimensionless groups of parameters relating the pressure at key locations of the system with characteristic dimensions of the rods are produced. It was found that the independence principle holds for most of the Euler numbers characterizing the pressure at different locations, that is, the group is independent of the inclination angle provided that the inlet velocity projection normal to the rods is used to non-dimensionalize the pressure. The resulting semi-empirical correlations can be useful for designing similar hydraulic units.


2021 ◽  
pp. 71-88
Author(s):  
Serena Mariani

The current study sets out to analyse the concept of "essentially derived variety" (EDV) envisaged by the plant variety protection regime when new breeding techniques (NBTs) are employed in the development of new plant varieties. The use of NBTs to develop new plant varieties has grown rapidly over the last years because of their ease of use and their high efficiency. NBT varieties are mono-parental and retain most of the genome of the initial variety, thus most of its essential characteristics. The problem arises when the initial variety used as the source of genetic variation is a variety protected by a plant variety right. In this case, the question is whether the EDV concept should apply to the second variety obtained by NBTs and what can break the EDV chain. It must be noted that the EDV concept has revolutionised the plant variety protection system since it introduced the principle of "limited dependence" as an exception to the general independence principle governing this system. Therefore, as it is an exception, it should be interpreted rigorously.


Author(s):  
Daniel P. Vieira ◽  
Guilherme R. Franzini ◽  
Fredi Cenci ◽  
Andre Fujarra

Abstract An experimental setup was built to investigate the Vortex-Induced Vibration (VIV) phenomenon on yawed and inclined flexible cylinders, in which five yaw angles θ = 0°, 10°, 20°, 30° and 45° and five azimuth angles ß = 0°, 45°, 90°, 135°, and 180° were combined. The experiments were carried out in a towing tank facility at Reynolds numbers from 1800 to 18000, comprising vibrations up to the eighth natural mode. Time histories of displacements were recorded using a submerged optical system that tracks 17 reflective targets. A modal decomposition scheme based on Galerkin's method was applied, aiming multimodal behavior investigations. Such an approach allowed the analysis of the modal amplitude throughout time, revealing interesting results for such a class of VIV tests. The flexible cylinder total response is generally a combination of two or more modes. Only for azimuths 0°, 90°, and 180°, a unimodal response was observed for the two first lock-in regimes. The frequency response showed that, when the response was multimodal, non-dominant modes can follow the vibration frequency of the dominant one. Assuming a priori the Independence Principle (IP) valid to define the reduced velocities (Vr), it was observed that the resonance region was restricted to 3 <= Vr <= 8 for the tested cases, indicating that the IP can be at least partially applied for flexible structures. As the literature scarcely explores the simultaneous yawed and inclined configurations, the present work may contribute to further code validation and improvements regarding the design of slender offshore structures.


2021 ◽  
Vol 30 (3) ◽  
pp. 26-42
Author(s):  
Yu. B. Rubin

The article substantiates the relevance of the independence principle for the higher education quality assurance. Based on cases from the practice of recognized international agencies, an analysis of the procedures for ensuring their independence from the legitimate interests of the stakeholders in the field of higher education was undertaken. The characteristics of the Russian Federation realities in the field of the higher education quality assurance are given and a rationale for the ways of embedding the procedures of education quality assurance and accreditation of universities in the modern global higher education area is given.


Author(s):  
Michelle Kelly-Louw ◽  
Cayle Lupton

It is questionable whether illegality in the underlying contract of a demand guarantee can or should constitute a valid exception to this instrument’s independence (autonomy) principle. From earlier English case law and scholarly discussions it appears that the acceptance of such an exception is contentious and, even if it is recognised, its extent remains uncertain. The English courts have previously indicated that they are open to accepting illegality in the underlying contract as an exception to the principle of independence of demand guarantees, but have not developed the exact parameters of such an exception. In the past, there were no South African court cases where illegality in the underlying contract was accepted, or even considered, as a possible exception to the independence principle of a demand guarantee. In a recent South African case, Mattress House (Proprietary) Ltd v Investec Property Fund Ltd, we find the first evidence of a South African High Court’s willingness to accept the possibility of illegality in the underlying contract as constituting a valid exception. In this article we discuss this South African case, which provides general guidance on the possibility of accepting such an exception under the South African law. South Africa is always persuasively influenced by English law in relation to demand guarantees.  Therefore, we also discuss the English law.  


2021 ◽  
Vol 4 (1) ◽  
pp. 22-30
Author(s):  
Agus Mulyana

The aim of this study was to determine how well the implementation of the principles of the governance institution and its relation to the performance on PPSDM Aparatur. The principles of governance is the principle of transparency, independence, accountability, responsibility, and fairness. The method used in this research is quantitative research methods. In assessing the implementation of the principles ofgovernance institutions and its effect on performance, the authors uses quetionare as a primary data. The analysis results of the implementation of governance institution on PPSDM Aparatur based on questionnaires reached 74.2 percent and the results of the dependent variable performance scores 76 percent, both are included good category. The partial results of hypothesis testing showed that each independent variable on the dependent variable affects the performance of the institution. Variables affectthe principle of transparency by 73.8%, amounting to 72.9% the independence principle, the principle of accountability by 84%, amounting to 95.6% accountability principle, and the principle of fairness by 79.9%. And the influence of the independent variable most dominant or most influence on the performance of the institution is the responsibilityvariables. ABSTRAKTujuan dari penelitian ini adalah untuk mengetahui seberapa baik implementasi prinsip-prinsip tata kelola lembaga dan hubungannya terhadap kinerja pada PPSDM Aparatur. Prinsip-prinsip tata kelola yang digunakan adalah yakni prinsip keterbukaan, kemandirian, akuntabilitas, pertanggungjawaban, dan kewajaran. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian kuantitatif. Dalam menilai implementasi prinsip- prinsip tata kelola lembaga dan pengaruhnya terhadap kinerja, penulis menggunakan kuesioner sebagai data primer. Hasil implementasi tata kelola lembaga di PPSDM Aparatur berdasarkan kuesioner mencapai 74.2 persen dan hasil dari variabel terikat kinerja mendapatkan nilai 76 persen, keduanya termasuk dalam kategori baik. Adapun hasil uji hipotesis secara parsial menunjukan bahwa setiap variabel independen berpengaruh terhadap variabel dependen kinerjalembaga.Variabel prinsip keterbukaan berpengaruh sebesar 73.8%, , prinsip kemandirian sebesar 72.9 %, prinsip akuntabilitas sebesar 84 %, prinsip pertanggungjawaban sebesar 95.6 %, dan prinsip kewajaran sebesar 79.9 %. Dan pengaruh variabel independen yang paling dominan atau paling besar pengaruhnyaterhadap kinerja lembaga adalah variabel pertanggungjawaban.


Author(s):  
Timotheus Kampik ◽  
Juan Carlos Nieves

Abstract Abstract argumentation has emerged as a method for non-monotonic reasoning that has gained popularity in the symbolic artificial intelligence community. In the literature, the different approaches to abstract argumentation that were refined over the years are typically evaluated from a formal logics perspective; an analysis that is based on models of economically rational decision-making does not exist. In this paper, we work towards addressing this issue by analysing abstract argumentation from the perspective of the rational man paradigm in microeconomic theory. To assess under which conditions abstract argumentation-based decision-making can be considered economically rational, we derive reference independence as a non-monotonic inference property from a formal model of economic rationality and create a new argumentation principle that ensures compliance with this property. We then compare the reference independence principle with other reasoning principles, in particular with cautious monotony and rational monotony. We show that the argumentation semantics as proposed in Dung’s seminal paper, as well as other semantics we evaluate, with the exception of naive semantics and the SCC-recursive CF2 semantics, violate the reference independence principle. Consequently, we investigate how structural properties of argumentation frameworks impact the reference independence principle and identify cyclic expansions (both even and odd cycles) as the root of the problem. Finally, we put reference independence into the context of preference-based argumentation and show that for this argumentation variant, which explicitly models preferences, reference independence cannot be ensured in a straight-forward manner.


Author(s):  
Assad Mehmood ◽  
Nazim Rahim ◽  
Musab Yousafi

China has recognized a more far-reaching factor in Sudan for the last two decades and so, during that it has developed into a blend of lasting ferocious inner volatility and prolonged outward misfortune that has described the political affairs of the central government since 1989. China factor among two inter-linked politico-economic trajectories of Sino-Sudan engagements is studied in this research article. The foremost concerns China’s relationships with Sudan’s national government in integrating China into its national political affairs and international relations over long established crisis in Darfur region of Sudan, to which China has reacted over a more affianced political character. The other provokes the practical precincts of China’s independence principle and limited dependence over dealings with the Sudan’s national government. Following the uncertain events since 2003 in Darfur, China has established a new relationship with Sudan, thus pursuing to place herself to circumnavigate Sudan’s crisis. This research article effort to review a specific context of China factor in Sudan crisis with more focus over the recent politico-economic engagement with Sudan.


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