Digital Commons Network^™

Rupture In The Legal Hierarchy: Normative Conflicts And The Subversion Of Agrarian Principles In Indonesia’S Omnibus Law, Waldus Situmorang, Mella Ismelina F. R., Rasji Rasji

Indonesia Law Review

This article examines the normative conflict between Law No. 6 of 2023 on the Establishment of Government Regulation in Lieu of Law on Job Creation and the Basic Agrarian Law (UUPA), specifically within the land law cluster. Using a normative approach and the theory of derogation, the article identifies three core areas of legal inconsistency: (1) the strengthening of Land Management Rights (Hak Pengelolaan), (2) foreign ownership of apartment units, and (3) the granting of land rights in aboveground and underground spaces. These legal inconsistencies not only create normative dualism but also generate legal uncertainty and threaten the principle of …

International Economic Agreements As Impediments To Carbon Tax Climate Change Mitigation: Is The Un Framework Tax Convention The Way Forward?, Edwin Vanderbruggen

Indian Journal of International Economic Law

This article outlines some of the international legal impediments to domestic environmental tax policies in furtherance of climate change mitigation, i.e. certain WTO rules on trade in goods, fuel tax exemptions in aviation treaties, and tax stabilisation provisions that are protected under the umbrella clause of investment treaties. It argues that international action is the most effective and often the only option to address those legal obstacles. The emergence of the United Nations Framework Convention on International Tax Cooperation (‘FTC’) is, in that regard, a timely development. Given the central institutional role UN-related bodies already have in climate change, sea …

Weird Geometry: The Operation Of Anti-Sacred Spaces In “The Immortal” And “The Call Of Cthulhu”, Washington C. Pearce

Criterion: A Journal of Literary Criticism

No abstract provided.

“Everybody Has A Soul”: People With Dementia And Nursing Students Co-Creating Life Stories, Beth Mastel-Smith, Michelle Kimzey, Amy Ahlbrand Robinson, Melinda Hermanns

Nursing Faculty Publications and Presentations

Lack of meaning and purpose in life can increase disability, stress, mortality, and the risk of cognitive impairment. Finding meaning and purpose helps people with dementia adjust to the diagnosis and can be accomplished via expressions of identity such as life review, a formal process of systematically reviewing and reflecting on one’s lived life. Digital storytelling involves telling a story using computer technology to record and share an individual’s narrative. The purpose of this study was to understand the perceived benefits of nursing students and people with dementia (the mentors) described after digitally co-creating the mentors’ life story. Allport’s Intergroup …

Kajian Komparatif Tentang Pengaturan Pelindungan Budaya Dalam Konstitusi Negara-Negara Asia Pasifik, Josua Satria Collins

Jurnal Konstitusi & Demokrasi

Culture is a fundamental element in shaping national identity and unity amidst diversity. Therefore, many countries incorporate cultural protection into their constitutions to ensure the sustainability of cultural heritage. The constitution not only serves as a legal foundation but also as a social engineering instrument to facilitate cultural development amid contemporary challenges. This study focuses on the Asia-Pacific region due to its high cultural diversity and the complex interaction between local traditions and globalization. Using a normative juridical method and a comparative approach, the study analyzes 54 constitutions from countries in the region. The findings indicate that the majority of …

Studi Komparatif Konstitusi Di Indonesia Dan Timor Leste : Analisis Aspek Inherent, Konstitusionalisme Dan Pemilihan Umum Presiden, Qothrunnada Uni Fauziyah

Jurnal Konstitusi & Demokrasi

A comparison of the constitutions between Indonesia and East Timor provides an interesting insight into how the two countries, which have different historical and cultural backgrounds, formulate their legal and political frameworks. Indonesia, as a country that has been independent since 1945, has a constitution that has undergone several amendments and changes along with political and social developments. On the other hand, East Timor, which gained independence in 2002 after decades of conflict and colonization, 24 years of integration with the Republic of Indonesia and has a newer Constitution and is still in the early stages of development. Another important …

Menakar Kekuatan Mengikat Putusan Mahkamah Konstitusi Dalam Pemberhentian Presiden Dan/Atau Wakil Presiden Di Indonesia, Sunarto Efendi, Sylli Meliora Sterigma, Nur Alfitra Mappuna

Jurnal Konstitusi & Demokrasi

Impeachment is a mechanism that allows for the dismissal of a President and/or Vice President before the end of their term. In countries that adopt a presidential system, such as Indonesia, the process and mechanism of impeachment are crucial to regulate, considering the possibility that the President and/or Vice President may commit serious violations or no longer meet the qualifications to regulate a country. This study examines the process and mechanism of dismissing the President and/or Vice President in Indonesia, as well as the ideal framework for such a process. Using a doctrinal legal research method with secondary data from …

Teori Kemaslahatan Sebagai Batasan Judicial Activism Dalam Pengujian Undang-Undang Oleh Mahkamah Konstitusi, Ali Alatas, Ficky M. Zulfickar, Patio Alfredo Nugraha Hutabarat

Jurnal Konstitusi & Demokrasi

In this paper, the concepts of judicial activism and judicial restraint are discussed as the way the Constitutional Court (MK) tests laws against the 1945 Constitution of the Republic of Indonesia (UUD 1945). Active judges can do new things to address legal vacuums or social change, but this can trigger criticism due to the potential for exceeding judicial authority. In contrast, judicial review emphasizes the self-restraint of judges to adhere to the legal text without creating new standards, providing legal stability but considered less responsive in handling complex issues. In addition, as a standard to balance the two approaches, this …

Perlindungan Hak Kotak Kosong Pada Pilkada Berdasarkan Undang-Undang Pilkada, Thoriq Hardiansyah

Jurnal Konstitusi & Demokrasi

Simultaneous elections in 2024 will be held as a whole, both legislative and executive. The implementation of Regional Head Elections, namely Governors, Mayors and Regents, has created its own phenomenon. This is due to the lack of political participation such as fat coalitions which result in the presence of the majority of single candidates in several regions dominated by incumbents. The opponent available on the ballot paper is an empty box. This certainly does not provide satisfaction to the community to be able to choose the candidate they will vote for so that a new phenomenon emerges, namely Empty Box …

Letter From The Editor, Nick Kaye

Richmond Public Interest Law Review

No abstract provided.

Participation Of Trans-Women In Females' Sports Competitions: Fairness Vs. Rights To Participating In Sports?, Muhamad Dzadit Taqwa, Valentino Rafael Carofin, Stefanie Gloria, Alvin Tjiang

Indonesia Law Review

A trans-woman is someone who is biologically male at birth and then undergoes gender-affirming surgery, which can include genital feminization surgery, or may not undergo gender-affirming surgery but undergoes other therapies such as cross-sex hormone therapy or other physical organ surgeries apart from genital surgery, in order to be identified as a woman. The participation of trans-women in females' sports has sparked a debate, addressing issues of fairness on one side and transgender rights to participate in sports on the other. The fairness argument is based on the physical advantages that males have when competing against females. Generally, male athletes …

Relocating Inclusionary Housing Obligations To The New Capital Nusantara: Legal And Policy Implications, Muhammad Ilham Hermawan, Nasywa Ananda Herliana

Indonesia Law Review

The philosophical meaning of balanced housing lies in achieving a harmonious and equitable life among various social strata. To realize this philosophical essence, regulatory engineering is required, aimed at fulfilling the goals of balanced housing. The obligation for balanced housing is theoretically known in the literature of several countries as an inclusionary housing policy. Triggered by the need for residential development in the new capital city (IKN), the Government has "relocated" the previously unfulfilled balanced housing obligation to IKN. The IKN Law explicitly regulates “exceptions to the provisions of legislation in the field of housing and residential areas.” There …

Examining The Influence Of Digital Platforms On Purchase Decisions Of University Students In Tanzania, John Philemon Mwakyusa, Linda N. G. Nderumaki

Business Management Review

This study analyses the influence of the dimensions of digital platforms on the purchase decisions of university students in Tanzania. The study was based on an explanatory research design governed by the Theory of Planned Behavior. Data was collected through closed-ended questionnaires administered to 354 university students and analysed using Structural Equation Modeling through SmartPLS 4 software. The results indicated that all three dimensions: Consumer Attitude, Consumer Trust, and Consumer Presence positively and significantly influenced students' purchase decisions on digital platforms. Managerial implications suggest that firms prioritise enhancing user trust, adopting a refined approach to engagement, improving user experience, and …

The Influence Of Provision Of Public Services On Tax Compliance In Smes: Mediating Role Of Tax Morale, Menchidia Rwabunywenge, Mariamu Nchimbi, Said Juma Suluo

Business Management Review

This study investigates the relationship between the provision of public services, tax morale, and tax compliance in small and medium enterprises (SMEs) in Tanzania. A cross-sectional research design was employed, using a sample of 479 SMEs from Dar es Salaam, Tanzania, with data collected through self-administered questionnaires. Structural Equation Modeling (SEM) was used to test the hypotheses. The results indicate that the provision of public services has a significant positive effect on tax compliance, with tax morale acting as a partial mediator in this relationship. This suggests that taxpayers’ perceptions of the quality of public services influence their intrinsic motivation …

Design Of Motivational-Realistic-Pancasila Learning In Mathematics, Marup Marup, Suradi Tahmir, Ahmad Talib, Nurzatulshima Kamaruddin

Jurnal Pendidikan Sains

Learning mathematics in class greatly influences students' learning success both in terms of knowledge and attitudes. In carrying out learning, a learning design is needed that can foster student motivation so that they provide learning outcomes to the learning objectives. Motivational-Realistic-Pancasila learning design is considered to be an alternative solution. Morela is a design that combines motivational, realistic indicators and Pancasila values. The teaching of mathematics in the classroom significantly influences students' academic success, both in terms of knowledge and attitude. To effectively carry out the teaching process, a well-designed instructional approach is necessary to foster students' motivation to achieve …

Harnessing Natural Medicine As A Resource For Socioeconomic Development, Eneojo Ogu, Martins Emeje, Munira Abdullahi

Journal of Bioresource Management

Natural medicine is currently gaining global acceptance among the developed and developing countries of the world due to its low toxicity, high efficacy and cost effectiveness. Developed countries are devising medicinal systems that require the use of medicinal plant products and resources. Thus, a marked increase in world demand for medicinal plant resources has emerged in the recent years and that has provided a great opportunity for medicinal plants exporting nations to expand their economy shares in this sector. Despite the Nigeria immense socio-economic promise, the country is in critical need following the fact that the multidimensional poverty rate is …

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from conviction for aggravated kidnapping, a first degree felony, in the Third District Judicial District, Summit County, the Honorable Richard Mrazik presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

AUBREY BISBEE, SEAN D. REYES, BYRON FRED BURMESTER, LINDSAY CHERVENAK, Counsel for Appellee

Examining The Media’S Roles And Responsibilities, An Evaluation Of Nigeria’S Development Toward The Sdgs, Kelvin Inobemhe, Tsegyu Santas, Aminat Trust Ogbesoh

ASEAN Journal of Community Engagement

This paper examines the roles and responsibilities in the country’s development toward the Sustainable Development Goals (SDGs). The media in any society is fundamentally a development partner. Whether combating diseases or disseminating critical messages about development plans and actions to the public, the media is a key stakeholder. In Nigeria, the government, in collaboration with development agencies and other relevant stakeholders, has actively sought pathways to actualize the SDGs. The media are among these important stakeholders. The Nigerian press and media to serve the people and development across the nation present a good opportunity. However, this study observes that after …

Educational Strategy For Service Learning Using Stem Activities: A Case Study Of A Malaysian Secondary School, Nurulsaidah Abdul Rahim, Suzaliza Mustafar

ASEAN Journal of Community Engagement

This paper discusses the Service Learning Malaysia-University for Society (SULAM) program in developing an educational strategy for science, technology, engineering, and mathematics (STEM) learning at a Malaysian secondary school. The implementation of the 60:40 policy (60% STEM and 40% non-STEM) in Malaysia is to increase the number of students studying STEM. However, as of 2022, this policy had failed to achieve this target ratio. Additionally, Malaysian students’ scores on the Program for International Student Assessment (PISA) in the categories of math, science, and language literacy decreased from 2018 to 2022. This paper argues that SULAM represents a promising approach to …

Gender Rebellion: Gender Non-Conformity As An Act Of Resistance In The Hunger Games, Julia Koncurat

Criterion: A Journal of Literary Criticism

No abstract provided.

“Whilst In The Walrus Suit, You Must Be A Walrus”: Human-To-Animal Transformation Through Body Modification And Performance In Kevin Smith’S Tusk, Ahmet Ergün

Criterion: A Journal of Literary Criticism

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Saving Camelot? Nil And The Future Of Amateurism, William W. Berry Iii

BYU Law Review

This Article explores the future of intercollegiate athletics with a diminished (and perhaps even disappearing) amateurism model. Specifically, the Article argues that athletic conferences are in the best position to “save Camelot”—to preserve the aspects of college sports that make them beloved and distinctive—while at the same time realistically accounting for an evolving economic and legal landscape.

In Part I, the Article describes the economics of the NCAA’s current amateurism model. Part II explores the recent changes to the NCAA’s amateurism model in light of the Supreme Court’s decision in Alston v. NCAA and the widespread adoption of state name, …

Full Issue

BYU Law Review

No abstract provided.

What Is Deeply Rooted In The Constitution?, Thomas P. Crocker

BYU Law Review

In a series of cases stretching over a century, the Court made a right’s roots a constitutive feature of its identity. Highlighting the analytic centrality of deep roots to the recognition of rights, Dobbs v. Jackson Women’s Health withdrew prior judicial recognition of a woman’s right to reproductive choice, arguing that such a right was not properly rooted in the American legal tradition. But what does it mean for a right to have deep roots? A surprising feature of American constitutionalism is that there is no single answer to the basic analytic question of what it means for a right …

“Whoever Invents Or Discovers”: Artificial Intelligence And The Case For Joint Inventorship, Seth F. Littleford

BYU Law Review

Artificial intelligence (AI) is increasingly important in the modern world. Given its fidelity to—and, in some cases, its surpassing of—human performance, people rely upon AI in myriad settings. The AI era is already here, and the technological advancements to come are even more mind-boggling. The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent applications claiming inventions pertaining to AI, but how does the patent system handle when AI invents?

The U.S. Court of Appeals for the Federal Circuit recently held in Thaler v. Vidal that the Patent Act requires inventors listed on patent applications …

Shalom And Communion Through The Practice Of Business, Andrew B. Gustafson

Journal of Religion and Business Ethics

Although I am a Protestant Christian, this paper will approach the concept of Shalom from a perspective informed by Catholic Social Thought, and particularly, as an entrepreneur who participates in the Economy of Communion (EoC) movement. The aim of this paper is to seek to support the project of seeking Shalom through business practices by suggesting EoC as a model. I will here bring the principles of the Economy of Communion as a vision and a means to practice business in a way which leads to Shalom. To engage in current discussions on shalom, I will first provide a brief …

The Whole Gall Of Wax, Jethro K. Lieberman

Other Publications

No abstract provided.

2024 Scholarly Productivity Report, Missouri University Of Science And Technology

Civil, Architectural and Environmental Engineering Scholarly Productivity Reports

No abstract provided.

Women's Involvement In Fisheries Co-Management Of The World's Largest Desert Lake, Turkana, Kenya, Maurice O. Ogoma, Judith C. Koskey

Journal of Bioresource Management

Despite their significant presence in the fisheries workforce, women's roles are often less recognized compared to men's. This study investigated the participation of women in beach management units (BMUs) and fisheries activities in Lake Turkana, the world’s largest permanent desert Lake. Data were collected from 200 women respondents across eight purposively sampled BMUs, focusing on gender representation, leadership roles, participation in fisheries activities, factors influencing participation, and strategies for promoting gender equity. Descriptive statistical analysis was conducted to provide an in-depth understanding of women's involvement in fisheries activities. Findings indicated that while gender representation aligned with Kenya's constitutional one-third gender …