Article 24C Paragraph 1 of the 1945 Constitution of the Republic of Indonesia: History and Critical Analysis of Disputes on the Authority of State Institutions

In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not possible that a state institution that has supervisory authority has conflict with other legal institutions; 2) there are state institutions whose authorities are regulated by law and have the potential for authority disputes, but are resolved through the executive agency; 3) there is the authority of state institutions that have the potential for conflict of authority but there are no rules for resolving them.

From RHAM to RHNA and Beyond

The State of California’s main tool for housing planning is legislation mandating a “Housing Element” as a component of all cities’ and counties’ comprehensive plans. Each local jurisdiction must demonstrate how it can meet the state’s calculated “Regional Housing Needs Allocation (RHNA). The article traces the roots of this state requirement from an earlier Regional Housing Allocation Model (RHAM), which was merely a guideline. To ensure compliance, the legislature barred courts from intervening in the RHNA process. Nevertheless, it has taken four decades for California’s local jurisdictions to adopt legally adequate Housing Elements.

The Five-State Requirement of IRC Section 4945(f)(2)

Consistently low rates of voter turnout in U.S. elections demand remedy. Antiquated legislation limits the ability of nonprofits to contribute to nonpartisan voter engagement. The article focuses on one piece of such legislation, section 4945(f)(2) of the Internal Revenue Code. First, the article outlines the legislative history of this provision and highlights the racist and classist basis of its passage. Through discussion of the ongoing harm caused by section 4945(f)(2), the article demonstrates the need for reform of this provision.

School and community. The Colombian experience with Student Social Service Projects.

One of the most difficult problems that the school is currently facing is that it generates encapsulated knowledge and learning processes that are disarticulated from the characteristics of the context which defines students. Against this background, it is proposed that learning- service can become an alternative that manages to articulate the knowledge of the school with the community in order to generate authentic learning processes. Based on these premises, this article presents a practical study on Student Social Service Projects (SSSP), as an alternative to overcome the dualistic school-community vision. The SSSP is a state requirement that every student from public or private education in Colombia must meet in the upper grades and which, from the theory, is recognized as a scenario of articulation between the school, the community, and the individual. However, the findings show a series of difficulties that have limited its educational scope and reveal a historically fragmented and lacking national educational system, from which the school needs to be rethought and re-signified to strengthen the learning and training processes of students.

Advance Directives State Requirements, Center Practices, and Participant Prevalence in Adult Day Services Centers: Findings From the 2016 National Study of Long-Term Care Providers

Objectives Adult day services centers (ADSCs) may serve as an entrée to advance care planning. This study examined state requirements for ADSCs to provide advance directives (ADs) information to ADSC participants, ADSCs’ awareness of requirements, ADSCs’ practice of providing AD information, and their associations with the percentage of participants with ADs. Methods Using the 2016 National Study of Long-Term Care Providers, analyses included 3,305 ADSCs that documented ADs in participants’ files. Bivariate and linear regression analyses were conducted. Results Nine states had a requirement to provide AD information. About 80.8% of ADSCs provided AD information and 41.3% of participants had documented ADs. There were significant associations between state requirements, awareness, and providing information with AD prevalence. State requirement was mediated by awareness. Discussion This study found many ADSCs provided AD information, and ADSCs that thought their state had a requirement and provided information was associated with AD prevalence, regardless of state requirements.

ADVANCE DIRECTIVES: STATE REQUIREMENTS, PRACTICES, AND PREVALENCE IN ADULT DAY SERVICES CENTERS

Advance directives (ADs) are documents that express a person’s healthcare preferences if he/she is unable to make decisions. Adult day service centers (ADSC) may serve as an entrée to advance care planning for many people. This study examined the relationships among: 1-state requirements on ADSCs to provide information on ADs; 2-ADSC’s awareness of their state requirement; 3-ADSC’s practice in providing AD information; and 4-the percentage of ADSC participants with an AD. From the 2016 National Study of Long-Term Care Providers, 3,300 ADSCs reported that they maintained documentation of ADs in participants’ files. Nine states required ADSCs to provide information on ADs; 22% of ADSCs were located in these states. About 24% of ADSCs did not know if their states had requirements; among the 76% of ADSCs that reported knowing, 62% were correct and 37% were incorrect. About 80% of ADSCs provided AD information to their participants, while 41% of ADSC participants had an AD on file. Regression models controlled for size, chain and profit statuses, Medicaid-licensing, medical or social care model, electronic health records use, and Census region. Having state requirements was not independently associated with ADSCs’ practice of providing AD information or with the percentage of participants with an AD. Instead, ADSCs that thought their state had a requirement had greater odds of providing information on ADs, regardless of state requirements. Similarly, ADSCs that thought their state had a requirement and that provided AD information had a higher percentage of participants with an AD, independent of state requirements.

MUNICIPALIZACIÓN DEL GOBIERNO INDÍGENA E INDIANIZACIÓN DEL GOBIERNO MUNICIPAL EN AMÉRICA LATINA

Esta colaboración se aproxima al proceso de municipalización del gobierno local indígena y a la otra cara del mismo proceso: la indianización del gobierno municipal, en América Latina. En las últimas tres décadas el municipio se ha reformado, en un marco más amplio de reforma del Estado, para ajustarse al nuevo contexto neoliberal A este proceso se le ha llamado «neomunicipalismo». Para diversos pueblos indígenas, el «neomunicipalismo» se percibe como un riesgo, pero también como una oportunidad. En el pasado reciente, el gobierno indígena fue visto desde el poder del Estado como «remanentes» en vías de disolución. Hoy día, el Estado multicultural acepta como válidas esas instituciones, siempre y cuando se inscriban en la lógica de la organización del Estado. Requisito que diversas organizaciones perciben como un riesgo, aunque otras lo ven como una oportunidad para avanzar en el proceso de empoderamiento indígena. El dilema entre resistencia y no aceptación de la institucionalidad del Estado, y el acceso a las mismas, en un horizonte de apropiación, es una vieja historia en la relación pueblos indígenas y municipio. Cuando hay aceptación —siempre limitada— se producen procesos de «municipalización» del gobierno indígena. En esta colaboración sistematizo tres momentos de municipalización del gobierno indígena en América Latina: cabildo indígena colonial, ayuntamiento gaditano, neomunicipalismo. SUMMARYThis collaboration is approaching the municipalization process of local government and indigenous on the other side of the same process: the indianization of the municipal government, in Latin America In the last three decades, in a broad framework for reform of the State, the municipality has been refurbished, in a broader framework for reform of the State to comply with the new neoliberal context. The «neomunicipalismo», is a risk and an opportunity for these peoples. In the recent past, the institutions the indigenous government, was seen as «residual» in the process of dissolution. Today, the multicultural State accepts as valid those institutions, always and when entered in the logic of the organization of the State. Requirement that various organizations perceive as a risk; but other see it as an opportunity to make progress in the process of empowering indigenous. The dilemma between resistance and non-acceptance of the institutional framework of the State, and access to the same, in a horizon of appropriation, is an old story in the relationship indigenous peoples and municipality. In this collaboration systematized three stages of municipalization of the indigenous governance: the cabildo indigenous colonial; the cádiz city hall andthe neomunicipalismo.

Binary Synaptic Connections Based on Memory Switching in a-Si:H for Artificial Neural Networks

Nonvolatile, associative electronic memory based on neural network models promises high (−109 bits/cm2 ) information storage density since the information is stored in a matrix of only two-terminal, passive interconnections (synapses). An electronic memory switch at each interconnect would be ideal as a programmable synapse. The massive parallelism in the architecture, however, requires that the ‘ON’ state of a synaptic connection must be unusually ‘weak’ (i.e., highly resistive). For example, a binary synapse should be 106Ω in its ‘ON’ state and >109Ω in the ‘OFF’ state for a 1024 × 1024 matrix (−256 K bits of programmable read only memory, PROM). The small deliverable switching energy dictated by the resistive ‘ON’ state requirement is a new constraint for switching in thin films. Memory switching in hydrogenated amorphous silicon (a-Si:H) along with ballast (current limiting) resistors patterned from resistivity-tailored, amorphous Ge-metal alloys are investigated for a binary PROM matrix. A lμm2 area of a-Si:H could be switched from a −1010Ω (OFF state) to −105Ω (ON state) by a voltage pulse of lpsec duration, with the switching energy of −1 nanojoule, delivered through a 106Ω ballast resistor. Programmable, read-only, 1600 synapse (40x40) test arrays of uniform connection strengths (variation ±2%) and a-Si:H switching elements have been fabricated. Suitability of the memory switching in a-Si:H for high-density neural networks is discussed.