Tindak Pidana Pembobolan Dana Nasabah dapat Mengurangi Kepercayaan Masyarakat terhadap Industri Perbankan

The development of the banking industry by entering the current era of globalization and liberalization of financial markets, has resulted in increased competition among banks, especially in fund raising. Therefore, bank management is required to have the skills to manage the bank's wealth, debt and capital reflected in the bank's balance sheet well. A more fundamental of the expertise and skills in managing the bank, it is necessary to be careful and followed by the good faith of the bank management, ranging from the board of commissioners, directors and employees of the bank. This means that bank managers should be the party that always adheres to the high code of banking ethics and complies with all applicable laws and regulations in the banking sector. But in practice, it is not always possible to run well if it is not covered by the possibility of food-storage that leads to fraud by breaking customer funds conducted internally by the bank itself. Of these problems raises fundamental questions, namely (1) What causes the criminal breach of customer funds in the banking industry, and (2) How to resolve the criminal breach of customer funds in the banking industry. To answer both questions, legal research methods are used. Normative juridical approach (legal research), namely research on positive laws by evaluating the relevant rule of law. This approach identifies and codified the law as the norm, rules, regulations related to the criminal breach of customer funds in the banking industry.

The Activation of the International Criminal Court’s Jurisdiction over the Crime of Aggression: International Institutional Law and Dispute Settlement Perspectives

In 2017, the plenary organ of the International Criminal Court (ICC), the Assembly of States Parties (ASP), adopted Resolution ICC-ASP/16/Res.5, deciding to activate the Court’s jurisdiction over the crime of aggression; and confirming an interpretation of the Rome Statute of the ICC (“Rome Statute”). While the characterization of this Resolution as either a subsequent agreement or subsequent practice under Articles 31(3) and 32 of the Vienna Convention on the Law of Treaties 1959 (“VCLT”) may be of relevance to treaty interpretation of the Rome Statute, this article submits that this Resolution is clearly a Rule of the International Organization, made by one of its organs. Resolution ICC-ASP/16/Res.5 may constitute a ‘relevant rule’ of interpretation with regard to the Rome Statute, thereby taking precedence over the general rules of interpretation in Articles 31 and 32 of the VCLT, particularly when the interpreter is an organ of the ICC. If a dispute arises with regard to the interpretation of the Rome Statute on the crime of aggression, two separate regimes at the ICC exist for the settlement of disputes depending on whether the dispute is one concerning the judicial functions of the Court. In the event that the dispute may be other than a ‘judicial function’, the ASP may be a mechanism for dispute settlement, along with other mechanisms of dispute settlement under international law.

Conceptual relationships and their methodological representation in a dictionary of the terminological uses of lexical semantics

For several years, a research project focused on the study of terminological uses of lexical semantics has been developed. From this investigation, specifically, in the terminographical praxis of a dictionary of the terminological uses of lexical semantics, we are observing considerably more conceptual content than could be expected, as this is a lexicon of the technical uses of lexical semantics, rather than one of technicisms. This means that, starting from explanatory sub-indices, it is necessary to create as many terminological documents as there are different acceptions for each lexicographical entry. In this article, besides presenting the methodological procedure used for our explanatory model of terminological representation, as well as the terminological graphic interface, we will focus on the study of the conceptual relations existing in this specialized area. These will appear in a terminographic interface through nodes showing the type of relationship existing among terminological uses. Our main aim is to prove, by means of the analysis of a series of terminological units, how the different conceptual relationships constitute a relevant rule for linguistic behaviour in the identification and establishment of the various uses and sub-uses corresponding to each terminographical entry.

Filling Gaps in Legislation: The Use of Fiqh by Contemporary Courts in Morocco, Egypt, and Indonesia

In most Muslim-majority countries, the legislators who drafted family law codes sought to produce a codified version of one of the many Islamic fiqh schools. Such is the case, from West to East, for Morocco, Egypt, and Indonesia. There are situations, however, in which the law remains silent. In such cases, judges must turn to fiqh in order to find appropriate provisions. It is up to judges to interpret the law and to locate the relevant rule. In this process, judges use new interpretive techniques and modes of reasoning. After addressing institutional and legal transformations in Morocco, Egypt, and Indonesia, this article focuses on the domain of family law. We examine cases that illustrate how judges seek a solution in the body of fiqh when asked to authenticate a marriage. In conclusion, we put forward an argument about how judges who are required to refer to fiqh deal with this matter within the context of positive, codified, and standardized law. We argue that the methodology and epistemology adopted by contemporary judges, the legal material on which they draw, and the means by which they refer to this material have fundamentally altered the nature of legal cognition and of law itself.

Small Steps and Great Leaps in Thought

We are justified in employing the rule of inference Modus Ponens (or one much like it) as basic in our reasoning. By contrast, we are not justified in employing a rule of inference that permits inferring to some difficult mathematical theorem from the relevant axioms in a single step. Such an inferential step is intuitively “too large” to count as justified. What accounts for this difference? This chapter canvasses several possible explanations. It argues that the most promising approach is to appeal to features like usefulness or indispensability to important or required cognitive projects. On the resulting view, whether an inferential step counts as large or small depends on the importance of the relevant rule of inference in our thought.

The Khüne obligation under the Portuguese Code of Administrative Procedure – In search of a Euro-compatible solution

The purpose of this text is to analyse the solution enshrined in Article 168 (7) of the Portuguese Code of Administrative Procedure, which has been in force since 2015. The provision establishes a duty of administrative annulment of final administrative acts contrary to EU law and seeks to echo the case-law of the Court of Justice of the European Union (CJEU) which has the Kühne judgment as its landmark decision. However, a closer reading reveals that that provision is not entirely compatible with the case-law of the CJEU to which it, at first sight, relates to. After qualifying that national provision as a relevant rule of EU Administrative law, we will seek to decipher its meaning and scope, in light of the relevant case-law in order to find an interpretative solution that is compatible with EU law.

Hybrid ASP-based Approach to Pattern Mining

Detecting small sets of relevant patterns from a given data set is a central challenge in data mining. The relevance of a pattern is based on user-provided criteria; typically, all patterns that satisfy certain criteria are considered relevant. Rule-based languages like answer set programming (ASP) seem well suited for specifying such criteria in a form of constraints. Although progress has been made, on the one hand, on solving individual mining problems and, on the other hand, developing generic mining systems, the existing methods focus either on scalability or on generality. In this paper, we make steps toward combining local (frequency, size, and cost) and global (various condensed representations like maximal, closed, and skyline) constraints in a generic and efficient way. We present a hybrid approach for itemset, sequence, and graph mining which exploits dedicated highly optimized mining systems to detect frequent patterns and then filters the results using declarative ASP. To further demonstrate the generic nature of our hybrid framework, we apply it to a problem of approximately tiling a database. Experiments on real-world data sets show the effectiveness of the proposed method and computational gains for itemset, sequence, and graph mining, as well as approximate tiling.Under consideration in Theory and Practice of Logic Programming.

Leaking Like a Sieve? Transfer Restraints on Small Arms, Light Weapons and Ammunition

Compared to nuclear weapons, chemical and biological weapons or advanced conventional weapons systems, such as missiles, small arms and light weapons (SALW) and the ammunition required to render them lethal, have received less attention from arms control analysts. Accordingly the focus of this commentary is upon two particular inadequacies identified within the existing SALW restraint repertoire. They include, first, a failure to have SALW ammunition designated as an objective deserving explicit restraint designation and, secondly, persisting and largely unresolved state differences over controlling supplies of this weaponry to armed non-state actors. Both concerns illustrate how a use of consensus procedures within relevant rule formulation has favoured the interests of major SALW suppliers. The two deficiencies identified are considered destabilising given their continued capacity to degrade restraints designed to restrict deployments of this long-lasting weaponry—particularly within locations exhibiting limited forms of state capacity. The scope for existing legal mechanisms to remedy these deficiencies is examined, as is their potential to induce enhanced compliance and implementation.

3 Introduction to SIAC Arbitration

This chapter begins with a brief history of the Singapore International Arbitration Centre (SIAC) and its rules of arbitration. It covers the establishment of the SIAC and the evolution of its corporate and management structure. The chapter then identifies the key differences between the six iterations of the (standard) SIAC Rules. These include the 1991, 1997, 2007, 2010, and 2013 SIAC Rules; retrospective amendments to the 2007 and 2010 SIAC Rules; SIAC domestic arbitration rules; and bunker claims procedure, mediation–arbitration procedure, and derivatives arbitration. The chapter concludes with a graphical overview of the typical stages in an SIAC arbitration conducted under the 2016 SIAC Rules. The relevant rule for each procedure and the chapter in which it is discussed are identified in the flowchart.

EIIS

The semantic web brings a new opportunity for efficient information organization and search. To meet the special requirements of the educational field, this paper proposes an intelligent search engine enabled by educational semantic support service, where three kinds of searches are integrated into Educational Information Intelligent Search (EIIS) framework, and web-based resources and local e-resources are both identically semantically processed. During the design, the EIISReasoning and its relevant rule sets are constructed to automatically reason semantic concepts to diverse levels by a semantic factor and a response time factor. Furthermore, the EIISRanking algorithm applies two-level ranking by a factor of semantic similarity, and the same relevance is differentiated in terms of the educational field’s needs. The experiments show that the EIIS engine with semantic services has a better precision rate and improved ranking performance.