PRINCIPLE OF EQUALITY BEFORE THE LAW AND DIVERSION ON CRIMINAL JUSTICE SYSTEM FOR CHILDREN IN INDONESIA

<p>Restorative justice is the ultimate goal of Law Number 11 of 2012 concerning the Criminal Justice System for Children, so that children in conflict with the law must obtain Diversion. Article 7 paragraph (2) and Article 9 paragraph (2) the SPPA Law is<br />discriminatory and unjust, both for perpetrators and victims of criminal acts, because there are restrictions, exceptions and disregard for Diversion provisions. In concretto, in 2014-2018 the use of Diversion (49.61%) was lower than formal justice (50.39%), the data showed that some children who were in conflict with the law did not get Diversion. Based on the analysis of concept the principle of equality before the law in ideal-norm thinking, it is necessary to reconstruct the provisions of Diversion in the SPPA Law, namely (a) The principle of equality before the law must be used as a determining indicator in the formulation and process of Diversion law enforcement. (b) Provisions on child-oriented Diversion as the subject of criminal acts will determine justice in the application of Diversion for every child in conflict with the law. (c) Diversion provisions which are oriented towards acts, sanctions and value of losses as a requirement for the application of Diversion, will cause discrimination in the application of Diversion.</p>

Normative Generics and Norm Breaching – A Questionnaire-Based Study of Parent-Child Interactions in English

The present paper focuses on the phenomenon of normativity and genericity in language and cognition. More specifically, it investigates the use of normative generics, which are generalizations that state an ideal norm for a given category, in the context of norm breaching in parent-child interactions in English. This issue is researched by means of a specially designed questionnaire including 8 norm breaching parent-child interactions, which has been completed online by ca. 70 English-speaking female respondents. The paper uses qualitative and quantitative methods to address two specific research issues. First, it compares the frequency of use of normative generics in norm breaching situations vis-à-vis the use of other types of normative linguistic expressions. Second, it analyses selected factors that are believed to favour the use of normative generics, including interactive openness of a given situation, norm salience, and perceived norm importance. Moreover, the paper sketches an explanatory model of normative generics that draws upon insights from the Conceptual Metonymy Theory, Construction Grammar, and Dual System Theory.

CONCERNING SUMMABLE SZLENK INDEX

We generalize the notion of summable Szlenk index from a Banach space to an arbitrary weak*-compact set. We prove that a weak*-compact set has summable Szlenk index if and only if its weak*-closed, absolutely convex hull does. As a consequence, we offer a new, short proof of a result from Draga and Kochanek [J. Funct. Anal. 271 (2016), 642–671] regarding the behavior of summability of the Szlenk index under c0 direct sums. We also use this result to prove that the injective tensor product of two Banach spaces has summable Szlenk index if both spaces do, which answers a question from Draga and Kochanek [Proc. Amer. Math. Soc. 145 (2017), 1685–1698]. As a final consequence of this result, we prove that a separable Banach space has summable Szlenk index if and only if it embeds into a Banach space with an asymptotic c0 finite dimensional decomposition, which generalizes a result from Odell et al. [Q. J. Math. 59, (2008), 85–122]. We also introduce an ideal norm $\mathfrak{s}$ on the class $\mathfrak{S}$ of operators with summable Szlenk index and prove that $(\mathfrak{S}, \mathfrak{s})$ is a Banach ideal. For 1 ⩽ p ⩽ ∞, we prove precise results regarding the summability of the Szlenk index of an ℓp direct sum of a collection of operators.

Domestic Education as a System and an Object of Management

The article proposes communicative conceptualization of the notion of “education system”. The turn of modern theoretical sociology toward the system-communicative theory (N. Luhmann), in the author’s opinion, marked not only a waiver of structural and functional approaches to the analysis and management of social systems, but also a refrain from the relapses of their criticism built on the notion of “ideal norm”. The author also makes an attempt to implement the logic of the development of operationally closed recursively evolving systems as a tool for analyzing some actions of the regulator on reforming Russian higher education, which were directly transferred to higher education institutions within the last 10–15 years.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

CLASSES OF SEQUENTIALLY LIMITED OPERATORS

The purpose of this paper is to present a brief discussion of both the normed space of operator p-summable sequences in a Banach space and the normed space of sequentially p-limited operators. The focus is on proving that the vector space of all operator p-summable sequences in a Banach space is a Banach space itself and that the class of sequentially p-limited operators is a Banach operator ideal with respect to a suitable ideal norm- and to discuss some other properties and multiplication results of related classes of operators. These results are shown to fit into a general discussion of operator [Y,p]-summable sequences and relevant operator ideals.

Holiness representation in modern children and their parents: towards a research methodology

Theoretical consideration of the phenomenon of holiness at different levels of methodology (general scientific principles and forms of research, specific discipline research level and operational level) led the author to the conclusion that the traditional socio-psychological questionnaires on human values sphere are not relevant to the problem, and there is a need for new approaches that reflect personal semantic sphere of human existence, get and as close as possible to those essential characteristics of holiness that are prevalent in representations of modern people. The article pointed the issue of possibilities of solving the scientific and methodological problem of studying the various aspects of the spiritual and moral development of a person, presented an innovative author's technique to study the views on the holiness in people of different age groups, and the results of its application on the basis of educational institutions and Orthodox schools, revealed the phenomenon of mismatch between ideas about the ideal norm and real choice of respondents.