Determination Authority of State Financial Loss in Criminal Acts of Corruption Post Constitutional Court Decision Number 25/Puu-Xiv/2016

The Constitutional Court (MK) issued Decision Number 25/PUU-XIV/2016 on January 25, 2017. This decision states clearly that the word "can" in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU Tipikor) is unconstitutional and lacks legal force. With the elimination of the word "can," a person can only be said to have violated Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law if the person's actions resulted in real state losses, or losses of the nature of actual loss, and not to accommodate state losses that are still potential, or potential losses.

Application of lean manufacturing technology in a milk manufacturing company

This work presents the application of lean management principle in the area of waste elimination in a powder milk plant of a production company. The existing manufacturing procedure for the company’s plant was evaluated, and a lean manufacturing technique was developed for the plant. To achieve this, a time series analysis was carried out on the econometric data obtained, and a future forecast predicting losses and usage was predicted based on the practised manufacturing procedures. The econo­metric linear transfer function technique applied to the actual usage and actual loss data obtained filtered the waste in the production process and generated forecast values for actual loss and usage. This revealed that there had been poor manufacturing practices in the factory. The findings from this research can be used as a guide to managers on wastage control in a production system.

Clark v Macourt: Proper compensation or a one million dollar windfall?

<p>Pacta sunt servanda is a fundamental legal principle, which states that agreements must be kept. Thus, various wrongs, including breaches of contracts, entitle one to the most common remedy at common law: an award of damages. The basic principles that govern the assessment of contract damages are taught to students in every Law School. However, the application of those principles is not always easy because careful attention has to be paid to the individual circumstances of each case. The conclusion that the courts must strive to achieve is compensation of claimants for the actual loss sustained, in order to place them in the same position they would have been in if the contract had been performed. This paper argues that in a recent decision of the High Court of Australia in Clark v Macourt, the claimant was put in a position superior to that she would have been in if the contract had been performed. It summarises and questions the various parts of the decision to show that the million-dollar award over compensated the claimant.</p>

Clark v Macourt: Proper compensation or a one million dollar windfall?

<p>Pacta sunt servanda is a fundamental legal principle, which states that agreements must be kept. Thus, various wrongs, including breaches of contracts, entitle one to the most common remedy at common law: an award of damages. The basic principles that govern the assessment of contract damages are taught to students in every Law School. However, the application of those principles is not always easy because careful attention has to be paid to the individual circumstances of each case. The conclusion that the courts must strive to achieve is compensation of claimants for the actual loss sustained, in order to place them in the same position they would have been in if the contract had been performed. This paper argues that in a recent decision of the High Court of Australia in Clark v Macourt, the claimant was put in a position superior to that she would have been in if the contract had been performed. It summarises and questions the various parts of the decision to show that the million-dollar award over compensated the claimant.</p>

The Effect of Subjective Loss in Financial Risk Taking and Negative Emotion

The current research examined the influence of subjective loss on financial risk-taking tendency and negative emotional experience through inducing the experience of subjective loss in auction scenarios. In Study 1, we found that the subjective loss experience (compared to no-loss experience) in an auction scenario induced greater financial risk propensity, especially in gambling, greater negative emotion, and greater decision regret. In addition, we found that the subjective loss experience induced stronger negative emotion but less risk propensity in investment than the actual loss experience did, but these two types of loss did not yield a difference in risk propensity in gambling in Study 2. These results implicate that subjective loss is a distinct experience from no-loss and actual loss experiences, which is reflected by the degree of associated emotional experience and subsequent risk-taking propensity. The current research highlights the complex psychological processes of the experience of loss in decision-making contexts.

Evaluasi Neraca Massa Kolom Deethanizer di Unit Gas Plant

Gas Plant Unit in company X engaged in energy in Balikpapan has a design capacity of 560 tons/day. This unit serves to produce propane gas (C3H8) and butane (C4H10) to become LPG products. The Deethanizer column is a Light End fractionation unit that separates Ethane compounds from Propane and Butane at operating temperature resulting in LPG products that meet the specifications. The researcher's goal is to obtain the actual mass balance calculation and the flow rate of the process—the method used from retrieving data on operating conditions directly to the industry and performing calculations. The Deetanizer column is composed of 40 sieve trays, the entry feed of the 20th tray operates at the mass flow rate of the Deethanizer column feed of 5949,184 kg/hour, the flow rate of LPG products is 3428,334 kg/hour, and the mass flow rate of gas overhead is 150,186 kg/hour so that there is an actual % loss of 39,84%, this is because this unit should be time to be repaired. However, this does not affect the products produced, which can be seen from laboratory tests on LPG product samples.ABSTRAKGas Plant Unit diperusahaan X yang bergerak dibidang energi di Balikpapan mempunyai kapasitas desain 560 ton/hari. Unit ini berfungsi untuk memproduksi gas propane (C3H8) dan butana (C4H10) sehingga menjadi produk LPG. Kolom Deethanizer adalah unit fraksinasi Light Ends yang berfungsi untuk memisahkan senyawa Ethana dari Propana dan Butana dengan proses destilasi bertekananan sehingga menghasilkan produk LPG yang memenuhi spesifikasi. Tujuan peneliti untuk mendapatkan perhitungan neraca massa aktual serta laju alir proses. Metode yang digunakan dari pengambilan data kondisi operasi langsung ke industri serta melakukan perhitungan. Kolom Deetanizer tersusun dari 40 buah sieve tray, umpan masuk dari tray ke-20, beroperasi pada laju alir massa umpan kolom Deethanizer sebesar 5949,184 kg/jam, laju alir produk LPG sebesar 3428,334 kg/jam dan laju alir massa overhead gas sebesar 150,186 kg/jam sehingga diperoleh % yield aktual 57.62 dan % losses aktual sebesar 39,84%, hal ini disebabkan karena unit ini seharusnya sudah waktunya untuk di perbaiki. Namun hal ini tidak berpengaruh terhadap produk yang dihasilkan, hal ini dapat dilihat dari hasil uji Laboratorium mengenai Sampel Produk LPG.

SOME ASPECTS OF THE DEPAS D4.0H SYSTEM APPLICATION FOR INCREASING THE ENERGY EFFICIENCY OF INLAND NAVIGATION VESSELS

One of the most acute thematic areas in discussions at international forums at various levels are the issues of improving the environmental performance and increasing the energy efficiency of the merchant marine vessels, both in international maritime and inland navigation. This article discusses the results of the practical application of analytical methods for processing the indication data of internal combustion engines of the Danube pusher under operating conditions, as well as some aspects of the application of the results of analytical synchronization of the data obtained to further substantiate the optimal operating modes of such vessels. The results are applicable to determine the possible range of variation in energy efficiency and environmental friendliness. When determining the energy efficiency indices, various forms of pushed caravans, most often operating in the Danube shipping, are taken into account. Further steps have also been taken to substantiate the concept of prioritizing diagnostics and optimizing the operation of engines of existing ships in comparison with the implementation of innovative ships projects. Surely, the introduction of new projects will theoretically lead to a faster achievement of the goals of a number of European projects (for example, GRENDEL - Green and Efficient Danube Fleet, European Green Deal conception, etc.) to achieve zero emissions, but any innovative projects are much more expensive than any modernization and optimization of the movement modes of vessels that are already in the Danube fleet, and which are successfully operating with good economic results. In this context, innovative vessel projects are not attractive to shipowners and other participants in the Danube transport market. The need to attract additional investments, lack of funds, market decline in the context of pandemic restrictions, the actual loss of business positions of small shipowners - all these are factors that make it impossible for the widespread use of innovative developments and solutions for the complete renewal of the Danube fleet by shipowners.

THE EFFECT OF FRAUD ON PROFITABILITY OF LISTED DEPOSIT MONEY BANKS IN NIGERIA

The increasing rate of fraud occurrence and poor profitability rate in the listed Deposit Money Banks (DMBs) in Nigeria calls for a research investigation. To unravel the likely connection between fraud and profitability, this study has examined the effect of fraud on the profitability of listed DMBs in Nigeria. To achieve this objective, the study adopted a correlational research design and utilised secondary data extracted from the Nigerian Deposit Insurance Commission (NDIC) and published financial statements of the DMBs. The study focused on 14 listed DMBs for a six-year period (2012-2017). Panel multiple regression technique was used to estimate the model of the study. The findings showed that fraud (proxied by actual loss from fraud and staff involvement in fraud) has a negative and significant effect on profitability (proxied by return on asset) of listed DMBs in Nigeria. In line with the findings, this study has recommended that listed DMBs should establish fraud detection mechanisms which will entail the setting up of an efficient, reliable and functioning fraud detection unit to monitor transactions that may be susceptible to fraud.

Tiny Flies: A Mighty Pest That Threatens Agricultural Productivity—A Case for Next-Generation Control Strategies of Whiteflies

Whiteflies are a group of universally occurring insects that are considered to be a serious pest in their own way for causing both direct and indirect damages to crops. A few of them serve as vectors of plant viruses that are detrimental to the crop in question and cause an actual loss in productivity. A lot of attention is focused on pest control measures under the umbrella of IPM. In this review, we attempt to summarize the existing literature on how and why whiteflies are a serious concern for agriculture and society. We reviewed why there could be a need for fresh insight into the ways and means with which the pest can be combated. Here, we have emphasized next-generation strategies based on macromolecules, i.e., RNA interference and genetic engineering (for the expression of anti-whitefly proteins), as these strategies possess the greatest scope for research and improvement in the future. Recent scientific efforts based on nanotechnology and genome editing, which seem to offer great potential for whitefly/crop pest control, have been discussed. Comprehensive apprehensions related to obstacles in the path of taking lab-ready technologies into the farmers’ field have also been highlighted. Although the use of RNAi, GM crops, nanotechnologies, for the control of whiteflies needs to be evaluated in the field, there is an emerging range of possible applications with promising prospects for the control of these tiny flies that are mighty pests.