Abstract: This paper investigates the role of vested interests and its impacts on anti-corruption agenda in Indonesia following the collapse of authoritarian regime in 1998. A pervasive and rampant corruption has been believed as the main cause of the state economy’s fragility. Hence, anti-corruption measures were implemented by applying democratization and market liberalization since the establishment of a consolidated democracy which go hand in hand with a liberal market economy is convinced to be an efficacious prescription for effective anti-corruption. The reform movement has also mandated the establishment of the independent, neutral and professional special anti-corruption agency namely Corruption Eradication Commission (KPK) to more intensify the fight against the systemic corruption. This paper will examine whether these anti-corruption measures have been effective to combat corruption, and investigate to what extend have the anti-corruption efforts, especially those conducted by KPK, been impeded by the emergence of a nexus of vested interests as the side-effect of democratization and market liberalization. Based on interviews with key stakeholders from KPK, other law enforcement agencies, government, prominent scholars, journalists and NGOs in Indonesia, it is found that since the overthrow of Soeharto, anti-corruption movement in the country have become more active and serious. After gradually winning the hearth of people, KPK successfully touched the untouchable corruption perpetrators who were previously protected by political immunity, legal protection and bureaucratic barriers. However, these changes have not necessarily reduced systemic and structural corruption practices. Ironically, intensive and devastating counterattacks were frequently posed by the alignment of business actors, elites of political parties, government, and also law enforcement agencies by hijacking state’s instruments to make KPK deflated, powerless, and surrender. This paper concludes that attempts of democratization, market liberalization and the establishment of anti-corruption agency may have helped Indonesia to reduce corruption. However, it is still difficult to imply that such anti-corruption measures have fostered the more effective anti-corruption works in the newly democratized and weakly regulated liberal economic system.
Abstract: The paper reveals the birth and evolution of the British precedent Rylands v. Fletcher that, once adopted on the other side of the Ocean (in United States), gave rise to a general clause of liability for abnormally dangerous activities recognized by the §20 of the American Restatements of the Law Third, Liability for Physical and Emotional Harm. The main goal of the paper was to analyze the development of the legal doctrine and of the case law posterior to the precedent together with the intent of the British judicature to leapfrog from the traditional rule contained in Rylands v. Fletcher to a general clause similar to that introduced in the United States and recently also on the European level. As it is well known, within the scope of tort law two different initiatives compete with the aim of harmonizing the European laws: European Group on Tort Law with its Principles of European Tort Law (hereinafter PETL) in which article 5:101 sets forth a general clause for strict liability for abnormally dangerous activities and Study Group on European Civil Code with its Common Frame of Reference (CFR) which promotes rather ad hoc model of listing out determined cases of strict liability. Very narrow application scope of the art. 5:101 PETL, restricted only to abnormally dangerous activities, stays in opposition to very broad spectrum of strict liability cases governed by the CFR. The former is a perfect example of a general clause that offers a minimum and basic standard, possibly acceptable also in those countries in which, like in the United Kingdom, this regime of liability is completely marginalized.
Abstract: The main purpose of this study is to find out, analyze and discuss basic principles of education and training in the constitutions, including the latest amendment, of France, Indonesia, Japan, South Africa, the United States of America, and Turkey. This research specifically aims at establishing a framework in order to compare educational values such as right of education, responsibilities of states and those of people, and other issues pertaining to education in the Constitution of Turkey to others. Additionally, it emphasizes the meaning of education in constitution, the reasons for references to education in constitutions and why it is important for people, states or nations and state organs. Qualitative analysis technique is performed to accomplish the aim of this study. Maximum variation sampling is used. The main data source of the analysis is official organic laws of those countries. The data is examined by using descriptive and content analysis method.
Abstract: Governments constantly seek to offer faster, more secure, efficient and effective services for their citizens. Recent changes and developments to communication services and technologies, mainly due the Internet, have led to immense improvements in the way governments of advanced countries carry out their interior operations Therefore, advances in e-government services have been broadly adopted and used in various developed countries, as well as being adapted to developing countries. The implementation of advances depends on the utilization of the most innovative structures of data techniques, mainly in web dependent applications, to enhance the main functions of governments. These functions, in turn, have spread to mobile and wireless techniques, generating a new advanced direction called m-government. This paper discusses a selection of available m-government applications and several business modules and frameworks in various fields. Practically, the m-government models, techniques and methods have become the improved version of e-government. M-government offers the potential for applications which will work better, providing citizens with services utilizing mobile communication and data models incorporating several government entities. Developing countries can benefit greatly from this innovation due to the fact that a large percentage of their population is young and can adapt to new technology and to the fact that mobile computing devices are more affordable. The use of models of mobile transactions encourages effective participation through the use of mobile portals by businesses, various organizations, and individual citizens. Although the application of m-government has great potential, it does have major limitations. The limitations include: the implementation of wireless networks and relative communications, the encouragement of mobile diffusion, the administration of complicated tasks concerning the protection of security (including the ability to offer privacy for information), and the management of the legal issues concerning mobile applications and the utilization of services.
Abstract: Community living adjacent to forests and Protected
Areas, especially in South Asian countries, have a common practice
in extracting resources for their living and livelihoods. This
extraction of resources, because the way it is done, destroys the biophysical
features of the area. Deforestation, wildlife poaching, illegal
logging, unauthorized hill cutting etc. are some of the serious issues
of concern for the sustainability of the natural resources that has a
direct impact on environment and climate as a whole. To ensure
community involvement in conservation initiatives of the state,
community based forest management, commonly known as Comanagement,
has been in practice in 6 South Asian countries. These
are -India, Nepal, Sri Lanka, Pakistan, Bhutan and Bangladesh.
Involving community in forestry management was initiated first in
Bangladesh in 1979 and reached as an effective co-management
approach through a several paradigm shifts. This idea of Comanagement
has been institutionalized through a Government Order
(GO) by the Ministry of Environment and Forests, Government of
Bangladesh on November 23, 2009. This GO clearly defines the
structure and functions of Co-management and its different bodies.
Bangladesh Forest Department has been working in association with
community to conserve and manage the Forests and Protected areas
of Bangladesh following this legal document. Demographically
young people constitute the largest segment of population in
Bangladesh. This group, if properly sensitized, can produce valuable
impacts on the conservation initiatives, both by community and
government. This study traced the major factors that motivate
community youths to work effectively with different tiers of comanagement
organizations in conservation of forests and Protected
Areas of Bangladesh. For the purpose of this study, 3 FGDs were
conducted with 30 youths from the community living around the
Protected Areas of Cox’s bazar, South East corner of Bangladesh,
who are actively involved in Co-management organizations. KII were
conducted with 5 key officials of Forest Department stationed at
Cox’s Bazar. 2 FGDs were conducted with the representatives of 7
Co-management organizations working in Cox’s Bazar region and
approaches of different community outreach activities conducted for
forest conservation by 3 private organizations and Projects have been
reviewed. Also secondary literatures were reviewed for the history
and evolution of Co-management in Bangladesh and six South Asian
countries. This study found that innovative community outreach
activities that are financed by public and private sectors involving
youths and community as a whole have played a pivotal role in
conservation of forests and Protected Areas of the region. This
approach can be replicated in other regions of Bangladesh as well as
other countries of South Asia where Co-Management exists in
practice.
Abstract: Introduction: To update ourselves and understand the
concept of latest electronic formats available for Health care
providers and how it could be used and developed as per standards.
The idea is to correlate between the patients Manual Medical Records
keeping and maintaining patients Electronic Information in a Health
care setup in this world. Furthermore, this stands with adapting to the
right technology depending upon the organization and improve our
quality and quantity of Healthcare providing skills. Objective: The
concept and theory is to explain the terms of Electronic Medical
Record (EMR), Electronic Health Record (EHR) and Personal Health
Record (PHR) and selecting the best technical among the available
Electronic sources and software before implementing. It is to guide
and make sure the technology used by the end users without any
doubts and difficulties. The idea is to evaluate is to admire the uses
and barriers of EMR-EHR-PHR. Aim and Scope: The target is to
achieve the health care providers like Physicians, Nurses, Therapists,
Medical Bill reimbursements, Insurances and Government to assess
the patient’s information on easy and systematic manner without
diluting the confidentiality of patient’s information. Method: Health
Information Technology can be implemented with the help of
Organisations providing with legal guidelines and help to stand by
the health care provider. The main objective is to select the correct
embedded and affordable database management software and
generating large-scale data. The parallel need is to know how the
latest software available in the market. Conclusion: The question lies
here is implementing the Electronic information system with
healthcare providers and organization. The clinicians are the main
users of the technology and manage us to “go paperless”. The fact is
that day today changing technologically is very sound and up to date.
Basically, the idea is to tell how to store the data electronically safe
and secure. All three exemplifies the fact that an electronic format
has its own benefit as well as barriers.
Abstract: The question of legal liability over injury arising out
of the import and the introduction of GM food emerges as a crucial
issue confronting to promote GM food and its derivatives. There is a
greater possibility of commercialized GM food from the exporting
country to enter importing country where status of approval shall not
be same. This necessitates the importance of fixing a liability
mechanism to discuss the damage, if any, occurs at the level of
transboundary movement or at the market. There was a widespread consensus to develop the Cartagena
Protocol on Biosafety and to give for a dedicated regime on liability
and redress in the form of Nagoya Kuala Lumpur Supplementary
Protocol on the Liability and Redress (‘N-KL Protocol’) at the
international context. The national legal frameworks based on this
protocol are not adequately established in the prevailing food
legislations of the developing countries. The developing economy
like India is willing to import GM food and its derivatives after the
successful commercialization of Bt Cotton in 2002. As a party to the
N-KL Protocol, it is indispensable for India to formulate a legal
framework and to discuss safety, liability, and regulatory issues
surrounding GM foods in conformity to the provisions of the
Protocol. The liability mechanism is also important in the case where
the risk assessment and risk management is still in implementing
stage. Moreover, the country is facing GM infiltration issues with its
neighbors Bangladesh. As a precautionary approach, there is a need
to formulate rules and procedure of legal liability to discuss any kind
of damage occurs at transboundary trade. In this context, the
proposed work will attempt to analyze the liability regime in the
existing Food Safety and Standards Act, 2006 from the applicability
and domestic compliance and to suggest legal and policy options for
regulatory authorities.
Abstract: Since the advances in digital imaging technologies have led to
development of high quality digital devices, there are a lot of illegal copies
of copyrighted video content on the Internet. Also, unauthorized editing is
occurred frequently. Thus, we propose an editing prevention technique for
high-quality (HQ) video that can prevent these illegally edited copies from
spreading out. The proposed technique is applied spatial and temporal gradient
methods to improve the fidelity and detection performance. Also, the scheme
duplicates the embedding signal temporally to alleviate the signal reduction
caused by geometric and signal-processing distortions. Experimental results
show that the proposed scheme achieves better performance than previously
proposed schemes and it has high fidelity. The proposed scheme can be used
in unauthorized access prevention method of visual communication or traitor
tracking applications which need fast detection process to prevent illegally
edited video content from spreading out.
Abstract: Password authentication is one of the widely used
methods to achieve authentication for legal users of computers and
defense against attackers. There are many different ways to
authenticate users of a system and there are many password cracking
methods also developed. This paper proposes how best password
cracking can be performed on a CPU-GPGPU based system. The
main objective of this work is to project how quickly a password can
be cracked with some knowledge about the computer security and
password cracking if sufficient security is not incorporated to the
system.
Abstract: In a world characterized by greed and the lust for
power and its attendant trappings, abuse of legal power is nothing
new to most of us. Legal abuses of power abound in all fields of
human endeavour. Accounts of such abuses dominate the mass media
and for the average individual, no single day goes by without his
getting to hear about at least one such occurrence. This paper briefly
looks at the meaning of legal power, what legal abuse is all about, its
causes, and some of its manifestations in the society. Its
consequences will also be discussed and some suggestions for reform
will be made. In the course of the paper, references will be made to
various jurisdictions around the world.
Abstract: Nowadays, illegal logging has been causing many
effects including flash flood, avalanche, global warming, and etc. The
purpose of this study was to maintain the earth ecosystem by keeping
and regulate Malaysia’s treasurable rainforest by utilizing a new
technology that will assist in real-time alert and give faster response
to the authority to act on these illegal activities. The methodology of
this research consisted of design stages that have been conducted as
well as the system model and system architecture of the prototype in
addition to the proposed hardware and software that have been
mainly used such as microcontroller, sensor with the implementation
of GSM, and GPS integrated system. This prototype was deployed at
Royal Belum forest in December 2014 for phase 1 and April 2015 for
phase 2 at 21 pinpoint locations. The findings of this research were
the capture of data in real-time such as temperature, humidity,
gaseous, fire, and rain detection which indicate the current natural
state and habitat in the forest. Besides, this device location can be
detected via GPS of its current location and then transmitted by SMS
via GSM system. All of its readings were sent in real-time for further
analysis. The data that were compared to meteorological department
showed that the precision of this device was about 95% and these
findings proved that the system is acceptable and suitable to be used
in the field.
Abstract: This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.
Abstract: The objective of this paper is to analyze the role played by the institute of the public hearings in the Brazilian Supreme Court. The public hearings are regulated since 1999 by the Brazilian Laws nº 9.868, nº 9.882 and by the Intern Regiment of the Brazilian Supreme Court. According to this legislation, the public hearings are supposed to be called when a matter of circumstance of fact must be clarified, what can be done through the hearing of the testimonies of persons with expertise and authority in the theme related to the cause. This work aims to investigate what is the role played by the public hearings and by the experts in the Brazilian Supreme Court. The hypothesis of this research is that: (I) The public hearings in the Brazilian Supreme Court are used to uphold a rhetoric of a democratic legitimacy of the Court`s decisions; (II) The Legislative intentions have been distorted. To test this hypothesis, the adopted methodology involves an empirical study of the Brazilian jurisprudence. As a conclusion, it follows that the public hearings convened by the Brazilian Supreme Court do not correspond, in practice, to the role assigned to them by the Congress since they do not serve properly to epistemic interests. The public hearings not only do not legitimate democratically the decisions, but also, do not properly clarify technical issues.
Abstract: The importance of this study is to understand how Indonesian military court asserts its jurisdiction over military members who commit general crimes within the Indonesian military judiciary system in comparison to other countries. This research employs a normative-juridical approach in combination with historical and comparative-juridical approaches. The research specification is analytical-descriptive in nature, i.e. describing or outlining the principles, basic concepts, and norms related to military judiciary system, which are further analyzed within the context of implementation and as the inputs for military justice regulation under the Indonesian legal system. Main data used in this research are secondary data, including primary, secondary and tertiary legal sources. The research focuses on secondary data, while primary data are supplementary in nature. The validity of data is checked using multi-methods commonly known as triangulation, i.e. to reflect the efforts to gain an in-depth understanding of phenomena being studied. Here, the military element is kept intact in the judiciary process with due observance of the Military Criminal Justice System and the Military Command Development Principle. The Indonesian military judiciary jurisdiction over military members committing general crimes is based on national legal system and global development while taking into account the structure, composition and position of military forces within the state structure. Jurisdiction is formulated by setting forth the substantive norm of crimes that are military in nature. At the level of adjudication jurisdiction, the military court has a jurisdiction to adjudicate military personnel who commit general offences. At the level of execution jurisdiction, the military court has a jurisdiction to execute the sentence against military members who have been convicted with a final and binding judgement. Military court's jurisdiction needs to be expanded when the country is in the state of war.
Abstract: In many countries, governments have been promoting the involvement of private sector entities to enter into long-term agreements for the development and delivery of large infrastructure projects, with a focus on overcoming the limitations upon public fund of the traditional approach. The involvement of private sector through public private partnerships (PPP) brings in new capital investments, value for money and additional risks to handle. Worldwide research studies have shown that an objective, systematic, reliable and useroriented risk assessment process and an optimal allocation mechanism among different stakeholders is crucial to the successful completion. In this framework, this paper, which is the first stage of a research study, aims to identify the main risks for the delivery of PPP projects. A review of cross-countries research projects and case studies was performed to map the key risks affecting PPP infrastructure delivery. The matrix of mapping offers a summary of the frequency of factors, clustered in eleven categories: construction, design, economic, legal, market, natural, operation, political, project finance, project selection and relationship. Results will highlight the most critical risk factors, and will hopefully assist the project managers in directing the managerial attention in the further stages of risk allocation.
Abstract: The paper identifies the features of Polish sports clubs
in the particular organizational forms: profit and nonprofit.
Identification and description of these features is carried out in terms
of financial efficiency of the given organizational form. Under the
terms of the efficiency the research allows you to specify the
advantages of particular organizational sports club form and the
following limitations. Paper considers features of sports clubs in
range of Polish conditions as legal regulations. The sources of the
functioning efficiency of sports clubs may lie in the organizational
forms in which they operate. Each of the available forms can be
considered either a for-profit or nonprofit enterprise. Depending on
this classification there are different capabilities of increasing
organizational and financial efficiency of a given sports club. Authors
start with general classification and difference between for-profit and
non-profit sport clubs. Next identifies specific financial and
organizational conditions of both organizational form and then show
examples of mixed activity forms and their efficiency effect.
Abstract: The aim of study was to analyze the functioning the
new model of criminal corporate responsibility in Poland. The need
to introduce into the Polish legal system liability of corporate
(collective entities) has resulted, among others, from the Polish
Republic's international commitments, in particular related to
membership in the European Union. The study showed that responsibility of collective entities under
the Act has a criminal nature. The main question concerns the ability
of the collective entity to be brought to guilt under criminal law
sense. Polish criminal law knows only the responsibility of individual
persons. So far, guilt as a personal feature of action, based on the
ability of the offender to feel in his psyche, could be considered only
in relation to the individual person, while the said Act destroyed this
conviction. Guilt of collective entity must be proven under at least
one of the three possible forms: the guilt in the selection or
supervision and so called organizational guilt. In addition, research in
article has resolved the issue how the principle of proportionality in
relation to criminal measures in response of collective entities should
be considered. It should be remembered that the legal subjectivity of
collective entities, including their rights and freedoms, is an
emanation of the rights and freedoms of individual persons which
create collective entities and through these entities implement their
rights and freedoms. The whole study was proved that the adopted Act largely reflects
the international legal regulations but also contains the unknown and
original legislative solutions.
Abstract: Establishing a secure communication of Internet
conferences for participants is very important. Before starting the
conference, all the participants establish a common conference key to
encrypt/decrypt communicated messages. It enables participants to
exchange the secure messages. Nevertheless, in the conference, if
there are any malicious participants who may try to upset the key
generation process causing other legal participants to obtain a different
conference key. In this article, we propose an improved conference
key agreement with fault-tolerant capability. The proposed scheme
can filter malicious participants at the beginning of the conference to
ensure that all participants obtain the same conference key. Compare
with other schemes, our scheme is more secure and efficient than
others.
Abstract: This paper will seek to clarify important key terms
such as home schooling and home education as well as the legalities
attached to such terms. It will reflect on the recent proposed changes
to terminology in NSW, Australia. The various pedagogical
approaches to home education will be explored including their
prominence in the Australian context. There is a strong focus on
literature from Australia. The historical background of home
education in Australia will be explained as well as the difference
between distance education and home education. The future of home
education in Australia will be discussed.
Abstract: Current systems complexity has reached a degree that
requires addressing conception and design issues while taking into
account environmental, operational, social, legal and financial
aspects. Therefore, one of the main challenges is the way complex
systems are specified and designed. The exponential growing effort,
cost and time investment of complex systems in modeling phase
emphasize the need for a paradigm, a framework and an environment
to handle the system model complexity. For that, it is necessary to
understand the expectations of the human user of the model and his
limits. This paper presents a generic framework for designing
complex systems, highlights the requirements a system model needs
to fulfill to meet human user expectations, and suggests a graphbased
formalism for modeling complex systems. Finally, a set of
transformations are defined to handle the model complexity.