The journal of philosophy, science & law最新文献_第3页

THE EFFECTIVENESS OF THE ROLE OF THE MEDIATOR IN THE EQUITABLE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES 调解员在公平解决劳资关系纠纷中作用的有效性

The journal of philosophy, science & law Pub Date : 2021-11-12 DOI: 10.35973/jpl.v2i1.2574

S. Sugiyanto

{"title":"THE EFFECTIVENESS OF THE ROLE OF THE MEDIATOR IN THE EQUITABLE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES","authors":"S. Sugiyanto","doi":"10.35973/jpl.v2i1.2574","DOIUrl":"https://doi.org/10.35973/jpl.v2i1.2574","url":null,"abstract":": The State of Indonesia is obliged to regulate Mediators to effectively settle industrial relations disputes through a sound industrial relations system. The industrial relations system formed between the actors in producing goods and services is expected to create harmonious and just industrial relations. The problems in this study are; (1) What is the role of the mediator in creating harmonious industrial relations? (2) How is the effectiveness of the mediator’s role in the fair settlement of industrial relations disputes? This research method uses normative juridical, a study that is very closely related to primary data in the form of related laws and regulations, and secondary data in the form of literature books. The approach method used in this research is empirical juridical. Juridical research is the law which is conceptualized as the effectiveness of the mediator’s role in the fair settlement of industrial relations disputes. The results showed that; (1) The role of mediator in creating harmonious industrial relations by providing understanding to workers and employers regarding labor regulations to create harmonious industrial relations. The role of the industrial relations mediator is preventive or preventing industrial relations disputes from occurring. (2) The effectiveness of the mediator’s role in the just settlement of industrial relations disputes must guarantee a fair and effective settlement of industrial relations disputes. In a fair and effective settlement of industrial relations disputes, the ideal mediation is resolved by a fair and non-discriminatory institution. The disputing parties can choose a mediator deemed the neutral parties capable of doing justice and fair settlement procedures.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85249961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CORRUPTION IN INDONESIA (Factor Analysis and Efforts That Need To Be Done) 印尼的贪腐问题(因素分析及需要采取的措施)

The journal of philosophy, science & law Pub Date : 2021-11-01 DOI: 10.35973/jpl.v2i2.2408

La Ode Fiki

引用次数: 1

THE PROBLEMS OF WASTE MANAGEMENT IN PEMALANG REGENCY 槟榔屿的废物管理问题

The journal of philosophy, science & law Pub Date : 2021-08-27 DOI: 10.35973/jpl.v2i2.2356

Moh. Sidik

{"title":"THE PROBLEMS OF WASTE MANAGEMENT IN PEMALANG REGENCY","authors":"Moh. Sidik","doi":"10.35973/jpl.v2i2.2356","DOIUrl":"https://doi.org/10.35973/jpl.v2i2.2356","url":null,"abstract":": This study aims to determine the implications of Pemalang Regency Regulation Number 13 of 2012 on implementing waste management. Garbage is an environmental problem that until now has received serious attention in Indonesia. In implementing waste management, local governments have the authority to formulate regional regulations and provide waste management facilities how the success of waste management in Pemalang Regency can be known through the implementation of waste management based on Pemalang Regency Regulation Number 13 of 2012. The research method used in this study is an empirical juridical method by examining the applicable legal provisions and what happens in reality on the ground. The sources used to consist of primary and secondary sources. The results of this study indicate that Pemalang Regency Regulation Number 13 of 2012 substantially regulates the technical and responsibilities of each individual or institution in waste management, as well as sanctions for waste management violators. Implementing waste management based on Pemalang Regency Regulation No. 13 of 2012 still found many obstacles in the form of a limited budget, human resources, and low public awareness. The authority for waste management given to the village government is also still limited. In general, the background of the emergence of these obstacles is caused by the limitations of the government in providing facilities and local regulations that do not give authority to the village government ideally.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90425976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

BUILDING A POLICY FOR COMBATING CRIMINAL ACTS OF TERRORISM THROUGH THE DEATH PENALTY 制定通过死刑打击恐怖主义犯罪行为的政策

The journal of philosophy, science & law Pub Date : 2021-08-12 DOI: 10.35973/jpl.v2i2.2331

Fajar Purwawidada

{"title":"BUILDING A POLICY FOR COMBATING CRIMINAL ACTS OF TERRORISM THROUGH THE DEATH PENALTY","authors":"Fajar Purwawidada","doi":"10.35973/jpl.v2i2.2331","DOIUrl":"https://doi.org/10.35973/jpl.v2i2.2331","url":null,"abstract":"Terrorism is an extraordinary crime that can cause an atmosphere of terror, widespread fear, and mass casualties for the community. The government makes policies to counter terrorism through Law no. 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism, amended by Law no. 5 of 2018. The law provides for the death penalty for perpetrators of terrorism crimes. Nevertheless, the reality is that acts of terror in Indonesia are still happening and are increasing. The problem raised in this study is how to reconstruct the policy of countering terrorism through the death penalty. This legal research is normative juridical research with an empirical juridical approach. The types of data used include primary data and secondary data. Data collection techniques using documentary studies as secondary data and supported by primary data using the interview method. The analysis used is qualitative normative data analysis. Based on this research, the results show that terrorism crimes are committed by groups that are generally political victims; injustice, inequality, poverty, discrimination. The goal is to fight a mighty force that is impossible to fight openly. Implementing the death penalty for terrorism crimes does not provide a deterrent effect for perpetrators of terror acts in Indonesia. This happens because the lack of understanding of the characteristics of terrorism crimes and harsh actions actually lead to new, greater violence. The solution to this problem is to change the legal approach towards a sociological, persuasive and deradicalization approach","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73101775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CORPORATE COOPERATION WITH COOPERATIVES IN THE AGRIBUSINESS SECTOR: AN ANALYSIS OF FORMS AND PROTECTION OF STATE LAW 企业与农业综合企业部门的合作社合作:对国家法律形式和保护的分析

The journal of philosophy, science & law Pub Date : 2021-07-26 DOI: 10.35973/jpl.v2i2.2323

Siti Mariyam

{"title":"CORPORATE COOPERATION WITH COOPERATIVES IN THE AGRIBUSINESS SECTOR: AN ANALYSIS OF FORMS AND PROTECTION OF STATE LAW","authors":"Siti Mariyam","doi":"10.35973/jpl.v2i2.2323","DOIUrl":"https://doi.org/10.35973/jpl.v2i2.2323","url":null,"abstract":"This study aims to examine and analyze the form of cooperative relationships between companies and cooperatives that use the principle of partnership in agribusiness and how the legal protection of the state against cooperatives in cooperation with companies in the field of agribusiness. This study uses normative juridical research methods. Normative juridical research is research that utilizes secondary data and primary data as the main data. This study uses an empirical juridical approach and a statutory approach, which in the discussion of this study will use descriptive analysis to describe the findings in the field. The results of the study indicate that at this time, cooperation between companies and cooperatives that use the principle of partnership in the field of agribusiness can be carried out in aspects such as capital, technology, marketing, production facilities, production processes, product processing, and so on, while the form of state legal protection that the state must implement against cooperatives in cooperation with companies in the agribusiness sector is in the form of preventive legal protection from the government, namely in terms of price determination, such as determining interest on capital loans to determining market prices.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90926369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE CRIMINAL LAW POLICY IN THE COUNTERMEASURES OF ANARCHIST DEMONSTRATION IN INDONESIA 印尼无政府主义示威对策中的刑法政策

The journal of philosophy, science & law Pub Date : 2021-07-23 DOI: 10.35973/jpl.v2i2.2313

Sukriandi Sukriandi

引用次数: 0

Forensic Science Identification Evidence: Tensions Between Law and Science 法医学鉴定证据:法律与科学的张力

The journal of philosophy, science & law Pub Date : 2016-08-24 DOI: 10.5840/JPSL20161622

S. L. Cooper

{"title":"Forensic Science Identification Evidence: Tensions Between Law and Science","authors":"S. L. Cooper","doi":"10.5840/JPSL20161622","DOIUrl":"https://doi.org/10.5840/JPSL20161622","url":null,"abstract":"For decades, courtrooms around the world have admitted evidence from forensic science analysts, such as fingerprint, tool-mark and bite-mark examiners, in order to solve crimes. Scientific progress, however, has led to significant criticism of the ability of such disciplines to engage in individualization i.e., “match” suspects exclusively to evidence. Despite this, American courts largely reject legal challenges based on arguments that identification evidence provided by these forensic science disciplines is unreliable. In so holding, these courts affirm precedent that it is the adversarial system’s function to weed out frailties in forensic evidence, and find that criticism of the forensic sciences lacks sui generis qualities. This article provides an independent critique of relevant American case law, from which three themes emerge. These themes are (1) the law’s misuse of science; (2) law’s scepticism towards change; and (3) law’s narrow construction of rationality, which generates reductionist concepts, and divorces science from its social context. As such, this article shows how the American judiciary’s approach to this global issue provides a contemporary illustration of key institutional tensions between science and law, and offers some recommendations for reforms that aim to facilitate the legal process to utilize the most reliable forensic science evidence possible.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"10 1","pages":"1-35"},"PeriodicalIF":0.0,"publicationDate":"2016-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75994516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Different Mistakes in the Law and the Difference They Make 法律中的不同错误及其所造成的差异

The journal of philosophy, science & law Pub Date : 2016-08-24 DOI: 10.5840/JPSL20161611

C. Perry

{"title":"Different Mistakes in the Law and the Difference They Make","authors":"C. Perry","doi":"10.5840/JPSL20161611","DOIUrl":"https://doi.org/10.5840/JPSL20161611","url":null,"abstract":"There are various sorts of mistakes one might make regarding the law. For instance, one might incorrectly believe that there is a law when there isn’t one or that there is no law when there is. One might also know the law but incorrectly appraise the facts covered by the law. The former mistake is traditionally classified as a legal mistake while the latter is generally referred to as a factual mistake. Both those under the law and those charged with enforcing the law are capable of making both sorts of mistakes. As might well be expected, however, the consequences of a citizen’s legal or factual mistake might be quite distinct from those of the executive officer. Perhaps contrary to common belief concerning the protections afforded the accused, it is more likely for the government to forgive empirical and legal mistakes made by governmental officers than it is for the government to forgive those same mistakes made by private parties in the role of the criminally accused. Mistakes made by the former group may have no effect upon their endeavors, if certain conditions obtain. Mistakes by the latter group, with two exceptions, will generally have significant legal effects. To investigate the varied ramifications in light of two recent United States Supreme Court cases shall be the goal of this paper.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"32 1","pages":"1-12"},"PeriodicalIF":0.0,"publicationDate":"2016-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75451933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Book Review: Wendell Wallach's A Dangerous Master: How to Keep Technology from Slipping Beyond Our Control* 书评:温德尔·瓦拉赫的《危险的大师:如何防止技术滑落到我们无法控制的地步》

The journal of philosophy, science & law Pub Date : 2015-11-01 DOI: 10.5840/JPSL20151536

C. Mitcham

引用次数: 1

Data and Safety Monitoring Board and the Ratio Decidendi of the Trial 数据和安全监测委员会及试验比例决定

The journal of philosophy, science & law Pub Date : 2015-07-01 DOI: 10.5840/JPSL20151525

R. Stanev

引用次数: 1