Prinsip Proporsionalitas dalam Pengujian Undang-Undang Terhadap UUD NRI 1945 (Studi Perbandingan di Indonesia dan Jerman)

In several decisions that have been decided by the Mahkamah Konstitusi, some of the judges considerations only test norms with benchmarks contrary to the UUD NRI 1945 or not? However, MK has not tested the basis of the petition itself, there are limitation of rights, open legal policy, and the real harm felt by the petitioner. Therefore, it is necessary to have a principle of proportionality that can be used by judges to assist in deciding cases related to limiting rights and open legal policy. In order to know the concept of the principle of proportionality, it is necessary to conduct a comparative study between Indonesia and Germany by analyzing the concept and development of this principle. The method used is legal research with a statute approach, a case approach, a comparative approach and a conceptual approach. From the results of these studies, it was found that the principle of proportionality in Germany was well conceptualized and developed rapidly. In fact, this principle has become a general principle in the Germany Federal Constitutional Court. Meanwhile in Indonesia, this principle is still unknown and undeveloped like Germany.Keywords: The Principle of Proportionality; Legitimate Aim; Suitability; Neccesity; Balancing in Narrow Sense.AbstrakDalam beberapa putusan yang telah diputus oleh MK, beberapa pertimbangan hakim hanya menguji norma dengan tolak ukur bertentangan dengan UUD NRI 1945 atau tidak? Namun, MK belum menguji sampai kepada dasar dari permohonan itu sendiri, yaitu pembatasan hak, open legal policy, dan kerugian yang nyata dirasakan oleh pemohon. Maka dari itu, perlu adanya prinsip proporsionalitas yang dapat digunakan para hakim untuk membantu memutus perkara yang berkaitan dengan pembatasan hak dan open legal policy. Agar mengetahui konsep dari prinsip proporsionalitas, maka perlu melakukan studi perbandingan antara Indonesia dan Jerman dengan menganalisis konsep dan perkembangan prinsip tersebut. Metode yang digunakan adalah legal research dengan pendekatan statute approach, case approach, comparative approach dan conceptual appoach. Hasil penelitian ditemukan bahwa prinsip proporsionalitas di Jerman telah terkonsep dengan baik dan berkembang dengan pesat. Bahkan prinsip tersebut telah menjadi prinsip umum dalam Germany Federal Constitutional Court. Sedangkan di Indonesia, prinsip tersebut masih belum dikenal oleh MK. Sehingga, proporsionalitas belum memiliki konsep yang jelas dan tidak berkembang seperti negara Jerman.Kata Kunci: Prinsip Proporsionalitas; Legitimate Aim; Suitability; Neccesity; Balancing in Narrow Sense.

Job perfectionism scale: factor structure and interpretation

The aim of this study was to examine the factor structure of the job perfectionism scale assessing positive and negative tendencies of striving for professional excellence. The participants were 157 adult employees (47.8 % females). The mean age of the sample was 43.32 (SD=12.89) and the mean years of job experience was 22.29 (SD=12.26). The Cronbach’s alpha values were 0.82 and 0.83 for the positive job perfectionism scale and the negative job perfectionism scale, respectively. The results of exploratory and confirmatory factor analyses supported a two-dimensional structure of the questionnaire with significant negative correlation between the positive job perfectionism scale and the negative job perfectionism scale, suggesting construct and nomological validity. To standardize the questionnaire, test norms for the job perfectionism scale were developed. Thus, the job perfectionism scale is a reliable and valid measure assessing positive and negative tendencies of striving for professional excellence among Russian employees.

Improvement of Norm Score Quality via Regression-Based Continuous Norming

The interpretation of psychometric test results is usually based on norm scores. We compared semiparametric continuous norming (SPCN) with conventional norming methods by simulating results for test scales with different item numbers and difficulties via an item response theory approach. Subsequently, we modeled the norm scores based on random samples with varying sizes either with a conventional ranking procedure or SPCN. The norms were then cross-validated by using an entirely representative sample of N = 840,000 for which different measures of norming error were computed. This process was repeated 90,000 times. Both approaches benefitted from an increase in sample size, with SPCN reaching optimal results with much smaller samples. Conventional norming performed worse on data fit, age-related errors, and number of missings in the norm tables. The data fit in conventional norming of fixed subsample sizes varied with the granularity of the age brackets, calling into question general recommendations for sample sizes in test norming. We recommend that test norms should be based on statistical models of the raw score distributions instead of simply compiling norm tables via conventional ranking procedures.

THE STUDY OF PHYSICAL FITNESS FOR THE STUDENTS OF MENTAL RETARDATION IN BENGKULU

This study aimed to determine the level of physical fitness of mental retarded students in Special School of Bengkulu by using the TKJI physical fitness test. This method was a quantitative descriptive method of development from surveys with measurement tests. To develop the physical fitness of test norms for normal students and to be used as test norms as a reference for students having special needs, especially for mentally retarded students in order to see the level of physical fitness. Samples from this study amounted to 25 people through a purposive sampling technique. The results showed the level of mental retardation in Special School of Bengkulu, namely 1 person or (4%) was in the category of Very Good. 3 people or (12%) were in the Good category. 6 people or (24%) were in the Medium category. 6 people or (24%) were in the category of Less. 9 people or (36%) were in the category of Very Less. Therefore, to improve the physical fitness, it was necessary to improve the principle of practice, namely the process of change in a better direction, including improving physical quality, body functional abilities and psychological activity of a person. The higher the physical activity was conducted every day, the better the level of physical fitness was. The better was in the process of growth and development of children, not only the task of the parents but the task of the school as well. Physical education teachers had a very important role in helping students to achieve physical fitness. The teachers could give by providing physical fitness lesson and also exercises for physical integrity for students.

Alternative Enriched Test Spaces in the DPG Method for Singular Perturbation Problems

We propose and investigate the application of alternative enriched test spaces in the discontinuous Petrov–Galerkin (DPG) finite element framework for singular perturbation linear problems, with an emphasis on 2D convection-dominated diffusion. Providing robust {L^{2}} error estimates for the field variables is considered a convenient feature for this class of problems, since this norm would not account for the large gradients present in boundary layers. With this requirement in mind, Demkowicz and others have previously formulated special test norms, which through DPG deliver the desired {L^{2}} convergence. However, robustness has only been verified through numerical experiments for tailored test norms which are problem-specific, whereas the quasi-optimal test norm (not problem specific) has failed such tests due to the difficulty to resolve the optimal test functions sought in the DPG technology. To address this issue (i.e. improve optimal test functions resolution for the quasi-optimal test norm), we propose to discretize the local test spaces with functions that depend on the perturbation parameter ϵ. Explicitly, we work with B-spline spaces defined on an ϵ-dependent Shishkin submesh. Two examples are run using adaptive h-refinement to compare the performance of proposed test spaces with that of standard test spaces. We also include a modified norm and a continuation strategy aiming to improve time performance and briefly experiment with these ideas.