IMPLEMENTASI HUKUM POSITIF TERHADAP PENETAPAN WASIAT WAJIBAH BERDASARKAN KEWENANGAN HAKIM PENGADILAN AGAMA

This study aims to provide guidance to religious court judges with their authority in deciding the heirs who are entitled to a mandatory will. So far, mandatory wills are only given to children and adoptive parents, but in its development, mandatory wills can be given to other parties other than adopted children and adoptive parents, including non-Muslim heirs. The method in this study is a normative juridical method. The results of the study explain that the mandatory will is regulated in the Compilation of Islamic Law where the rules are not clearly regulated by the KHI. To resolve the issue of mandatory wills, judges are authorized by law to resolve cases that enter the judiciary by making legal discoveries of cases that do not yet have permanent legal force, such as by carrying out historical understanding seen in a concrete case in which case the case already has regulations. legally binding, but the regulation must be interpreted in its implementation. Interpretation is tried by studying the origin of the formation of a legal decision, including the origin of its provisions or the origin of the formation of laws. Then it is done by means of a sociological understanding that prioritizes the interests of the purpose of a regulation through a concrete event in the related official regulations. In practice, judges can interpret unclear provisions based on community demands, as well as laws and regulations that are synchronized with social ties and situations that occur. In addition to the two methods used by judges to make legal findings to create laws that are not found in existing regulations, judges can do reasoning or argumentation. The argumentation procedure consists of argumentum per analogium, argumentum a contrario, and legal narrowing.

The Grammatical Nature of Time Referral

As long as the time in its entirety is absolute, however, in the discourse it is “made up” or concretized from the phenomenon or concrete event taken into consideration, thus we cannot ‘abstract’ the grammatical dimension of the statement under any circumtance, as we cannot abstract the objective time and observer, because only in co-fulfillment they “fulfill” each other. Identification of the time mark from which the event is expressed with the verbal form in time, the grammatical nature of these moments, as the moment of speech (of speaking time), which is of instant nature, timely extension and most wide, then the time of the action and the time of expression of the statement are with the same orientation function for the time reference will be the subject of consideration during the elaboration of this paper. Obviously, other observations that are of interest to our consideration, with the character of uncontested grammatical facts in context, such as realistic reports of timely events, relative character of grammar setting etc., will be at the center of attention to as much as the nature of this paper.

The Development of Tax Law Application Formula in Indonesia from IRAC into IREAC

The characteristic and pattern of tax collection system in Indonesia is mutual cooperation (kegotongroyongan) conducted using self-assessment system, in which taxpayer is trusted to calculate, to consider, to pay, and to report its own tax. Having gotten evidence, tax authority will publish tax stipulation for which a legal attempt can be file in the form of objection, appeal or judicial review. The number of tax disputes is substantial, indicating that there is a difference of tax law application, the process of applying law to the fact or concrete event. In addition to syllogism, the application of law can be done using a more comprehensive and practical formula, IRAC/ILAC. This study was a library research on law and book/article using statute, conceptual and analytical approaches. The result showed that many tax stipulations become tax dispute due to the difference of interpretation on law and evidence validation. Viewed from juridical aspect, Laws on Tax General Provisions and Tax Court govern that the key to tax law application in Indonesia is evidence. Thus, the application of Indonesian tax law with IRAC formula can be expanded by adding “evidence” into IREAC: Issues-Rules-Evidence-Application-Conclusion.

Self–other risk perception bias: Functions of event abstractness and social distance

We developed a platform to consider both optimism and pessimism biases in the same context using construal level theory as a basis, and gained the following key results: An increase in event abstractness increased differences in self–other risk perception (Experiment 1). Perceived level of social distance determined whether optimism or pessimism bias occurred (Experiment 2). Compared with their closest other, people displayed more pessimism bias when estimating the risk of a concrete, compared to an abstract, event. In contrast, when comparing themselves with their most distant other, people displayed less optimism bias when estimating the risk of a concrete event relative to an abstract event, illustrating that the occurrence and extent of optimism or pessimism depends on an interactive effect between social distance and event abstractness (Experiment 3). Our results suggest that people should consider both risk target and risk characteristics when estimating risk.

LOCAL SOLVABILITY OF SOME PROBLEM WITH FREE BORDER

A certain single-phase problem with free border is studied. The local solvability of such problem is proved. The more general method investigated earlier is used in concrete event in this work.

Sobre historia regional y microhistoria italiana. Diálogos a propósito de una experiencia política local en la Argentina de 1930

Tomando como eje de la reflexión los procesos en torno a una peculiar experiencia de participación política que se configuró en Jujuy –provincia ubicada en el extremo norte de Argentina– hacia la década de 1930 se argumenta que las posibilidades de diálogo entre la historia regional y la microhistoria italiana dependen del posicionamiento previo en torno a la problemática epistemológica de la tensión entre explicación y comprensión, entendiendo que el rescate de una singularidad histórica no entra en coalición con la búsqueda de regularidades en la acción social. El análisis del caso concreto bajo estudio parte de la premisa metodológica según la cual el sentido mentado por los actores en sus prácticas se captura a través de un fuerte ejercicio de contextualización que apunta hacia el particular marco histórico en el que el fenómeno resulta inteligible. La alusión a procesos configurados regionalmente y aprehensibles a este nivel espacial– resultó fundamental. Se deja abierta la reflexión en torno a la pertinencia de considerar el nivel de lo “regional” como espacio de análisis adecuado a fin de que los resultados de la reconstrucción histórica trasciendan sus originales marcos y puedan arrojar luz sobre realidades distantes en el espacio o el tiempo.Palabras clave: historia regional, microhistoria italiana, explicación-comprensión, contextualización, proyección del análisis. About regional history and Italian microhistory. Dialogues on the occasion of a local political experience in the Argentina of the 1930s AbstractTaking as the centre of reflection the process around a peculiar experience of political participation which took place in Jujuy –a northern province of Argentina– at about the 1930s we say that the chances of dialogue between regional history and Italian microhistory depend on previous position around the epistemological question of the tension between explanation and understanding, assuming that the rescue of historical singularity does not collide with the search of regularities in social action. The analysis of the concrete event under consideration is based on the methodological premise in accordance with it the sense make aware by the actors in their practices it captures through a strong exercise of contextualization that points towards the particular historical framework in which the phenomenon becomes intelligible. It was fundamental the allusion to the process that had been formed and grasped with reference to a regional level. We want to install the reflection around the appropriateness of regard the regional level as an adequate space of analysis in order to the results of historical reconstruction exceed its original frameworks and light up distant realities across the space or the time.Keywords: regional history, Italian microhistory, explanation-understanding, contextualization, projection of analysis.

Confronting the Cadaver

Through a cultural hermeneutic interpretation of the cadaver in the history of modern medicine, this study will argue that at least some medical interpretations of embodiment serve as a form of death denial. This analysis will draw on four major sources of evidence to support this contention: (a) the history of cadaver dissection in Western medicine, (b) diary entries by medical students taking a course in gross anatomy, (c) responses to a 2005 panel on cadaver dissection held at Daemen College, and (d) interviews with Guenther von Hagens, the creator of the “BodyWorlds” exhibit, which features plastinated corpses for the purpose of “edutainment.” In each of these cases, the data suggest that medical education works implicitly to manage death anxiety through a set of defenses which conceal the nothingness of death. Namely, by making death into a concrete event, preserved for example in the form of the cadaver or plastinated corpses, and by speaking rhetorically about death as a mechanical process, the medical model of death conceals the existential terror that comes with the lived experience of death as the termination of existence.

Semantic Extension of the Verb of Breaking in Thai and Japanese

The fact that a lexical item has semantic variations when combined with other linguistic elements is a central issue in lexical semantics. A number of researchers claim that a lexical item has one basic meaning, and that other extended meanings are triggered in context by a process whereby the semantic structure of the lexical item is adjusted in certain details so that it is semantically compatible with its neighboring lexical items. This paper aims to examine how this process actually works as it applies to a transitive verb occurring with subject and object arguments. A study of the Thai transitive verb HAK "break" and its corresponding verb ORU in Japanese is presented. Arguably, all seemingly discrete meanings of HAK are interrelated and so are those of ORU. The basic meaning of each verb corresponds to the most concrete event and is the most cognitively salient. It consists of a number of “facets”, which represent different physical resulting states of an entity undergoing an action denoted by either HAK or ORU. Two mechanisms are found to derive the extended meanings. First, only some facets of HAK and ORU are promoted. Second, HAK and ORU are figuratively interpreted. The other objective of this study is to show semantic differences between HAK and ORU. It is demonstrated in this paper that so-called "corresponding” words in different languages, especially verbs, hardly have exactly the same meaning.