552,280 research outputs found

    INITIATION AND CONDUCT OF ADMINISTRATIVE PROCEDURE

    Get PDF
    General administrative procedure act contains legal norms that are valid for all identical cases. In addition to the general, there are special administrative procedures, customized to the specific administrative areas. Procedure initiation is regulated. Administrative procedure can be initiated at the request of the proponent and ex officio. When the official determines that the conditions for the conduct of administrative procedure are met, before making a decision, all the facts and circumstances relevant to the resolution of administrative matter have to be identified. When there are no legal requirements for the initiation of procedures, the official shall make a decision to reject the application of the party. The procedure is initiated ex officio when stipulated by law or when protection of public interest requires it. When initiating procedure ex officio, the public authority shall take into consideration the petition or other information that indicate the need to protect the public interest. In such cases the applicant is not a party, and the official is obliged to notify the applicant, if initiation of procedures is not accepted ex officio. Based on the notification, the applicant has a right to complain, including the situation when there is no response within the prescribed period of 30 days. Public authority may, therefore it is not obliged to, initiate administrative procedure by public announcement only in a situation where the parties are unknown, while it is obliged to initiate procedure by public announcement when this method of initiating the procedure is prescribed by law. Initiation of procedure with public announcement occurs in rare cases. Due to the application of efficiency and cost-effectiveness principle, two or more administrative procedures can be merged into one procedure by a conclusion. The condition for this is that the rights or obligations of the parties are based on the same legal basis and on the same or similar facts. Modification of the application of a party is possible before rendering a decision of first instance, provided that the amendment request is based on the same facts. A party may withdraw their application, without the obligation to provide reasons for it. In such a situation a decision to terminate the procedure is made. The settlement is in its legal nature a special kind of contract between the parties in a procedure, expressing their free will as a way of completion of administrative procedure. The settlement as a prerequisite for making the decision to terminate the procedure is not possible if it is contrary to law, public interest or the rights of third parties

    Appendix A: “The Basic Postulates of Accounting”

    Get PDF
    Functional Magnetic Resonance Imaging (fMRI) is a relatively new imaging technique, first reported in 1992, which enables mapping of brain functions with high spatial resolution. Functionally active areas are distinguished by a small signal increase mediated by changes in local blood oxygenation in response to neural activity. The ability to non-invasively map brain function and the large number of MRI scanners quickly made the method very popular, and fMRI have had a huge impact on the study of brain function, both in healthy and diseased subjects. The most common clinical application of fMRI is pre-surgical mapping of brain functions in order to optimise surgical interventions. The clinical fMRI examination procedure can be divided into four integrated parts: (1) patient preparation, (2) image acquisition, (3) image analysis and (4) clinical decision. In this thesis, important aspects of all parts of the fMRI examination procedure are explored with the aim to provide recommendations and methods for prosperous clinical usage of the technique. The most important results of the thesis were: (I) administration of low doses of diazepam to reduce anxiety did not invalidate fMRI mapping results of primary motor and language areas, (II) the choice of visual stimuli equipment can have severe impact on the mapping of visual areas, (III) three-dimensional fMRI imaging sequences did not perform better than two-dimensional imaging sequences, (IV) adaptive spatial filtering can improve the fMRI data analysis, (V) clinical decisions should not be based on activation results from a single statistical threshold

    Expert system for the injection molding of engineering thermoplastics

    Get PDF
    Injection molding of engineering thermoplastics is the most widely used manufacturing method in industry. It is a priority to maintain a deviation-free operating environment to ensure high quality, low cost manufacture. An expert system for the injection molding of engineering thermoplastics has been investigated. The system can be used to attenuate the deviations experienced during the injection molding of engineering thermoplastics. The system is coded in C programming language. The resolution procedures of this system include two stages such as the definition of declarative knowledge and the procedure of corrective actions. In the definition of declarative knowledge, all of the necessary information is collected for firing the inference engine. This information includes the material type, the material manufacturer, the material grade, the recommended operating conditions, the operating conditions, the deviation type, and the correlative weighting factors. The, procedure of corrective action is classified by fishbone diagram into four different levels. These levels include and are ranked as method corrective actions, operating variable corrective actions, mold corrective actions, and material corrective actions. The rule values of the corrective action in each level are assigned to determine the rank for employing these corrective actions. Among, those rule values, the rule values of the method corrective actions, of the mold corrective actions, and of the material corrective actions are determined by the degree of difficulty required to eliminate the deviation and the input of the molding experts. A decision algorithm is developed to calculate the priority weighting, factors, rule values, of each operating variable corrective action. Furthermore, the Pareto principle is introduced to analyze the control parameters of the decision algorithm. During the interactive procedures of eliminating the deviation, the system provides an explanation function for each step. It allows the system to illustrate the reason for each action to the user. A self-learning mechanism is also developed in this study. This self-learning mechanism based on the response of the resolution results modifies the parameters which influence the sequence of the corrective actions. The system has been examined by experts in the field of injection molding. It is recognized that the system not only provides reasonable resolution sequences for eliminating the deviation, but also, accurate suggested actions for the user. Furthermore, the resolution actions have been simulated in the injection molding filling package MOLDFLOW. This confirms that the resolution actions can actually influence the parameters which can eliminate or reduce the deviations

    PROMETHEE-SAPEVO-M1 a Hybrid Approach Based on Ordinal and Cardinal Inputs: Multi-Criteria Evaluation of Helicopters to Support Brazilian Navy Operations

    Get PDF
    This paper presents a new approach based on Multi-Criteria Decision Analysis (MCDA), named PROMETHEE-SAPEVO-M1, through its implementation and feasibility related to the decision-making process regarding the evaluation of helicopters of attack of the Brazilian Navy. The proposed methodology aims to present an integration of ordinal evaluation into the cardinal procedure from the PROMETHEE method, enabling to perform qualitative and quantitative data and generate the criteria weights by pairwise evaluation, transparently. The modeling provides three models of preference analysis, as partial, complete, and outranking by intervals, along with an intra-criterion analysis by veto threshold, enabling the analysis of the performance of an alternative in a specific criterion. As a demonstration of the application, is carried out a case study by the PROMETHEE-SAPEVO-M1 web platform, addressing a strategic analysis of attack helicopters to be acquired by the Brazilian Navy, from the need to be evaluating multiple specifications with different levels of importance within the context problem. The modeling implementation in the case study is made in detail, first performing the alternatives in each criterion and then presenting the results by three different models of preference analysis, along with the intra-criterion analysis and a rank reversal procedure. Moreover, is realized a comparison analysis to the PROMETHEE method, exploring the main features of the PROMETHEE-SAPEVO-M1. Moreover, a section of discussion is presented, exposing some features and main points of the proposal. Therefore, this paper provides a valuable contribution to academia and society since it represents the application of an MCDA method in the state of the art, contributing to the decision-making resolution of the most diverse real problems.This research was funded by Centre for Research & Development in Mechanical Engineering (CIDEM), School of Engineering of Porto (ISEP), Polytechnic of Porto, Rua Dr. António Bernardino de Almeida, 431 4249-015 Porto, Portugal.info:eu-repo/semantics/publishedVersio

    Analisis Yuridis Pembatalan Putusan Bapmi oleh Putusan Pengadilan (Studi Perkara Nomor 513/pdt.g-arb/2012/pn.jkt.pst)

    Full text link
    Settlement of business disputes be an option for the parties to the dispute are usually used method of dispute resolution through alternative dispute resolution. Choice of dispute resolution in the capital market conducted litigation in general through the arbitration institution Indonesian Capital Market Arbitration Board (BAPMI). BAPMI arbitration decision issued BAPMI-004 / ARB-03 / VIII / 2011 on the application submitted by PT Bank Permata. BAPMI verdict obliging PT Nikko Securities to replace most of the payments made by PT Bank Permata to investors. However, PT Nikko Securities filed a cancellation decision BAPMI the Central Jakarta District Court by reason of deception in BAPMI decision. BAPMI verdict is final, binding and must be implemented immediately canceled by Court decision No. 513 / PDT.G-ARB / 2012 / PN.JKT.PST.This type of research can be classified into types of normative legal research is research that emphasizes the literature data, cover the entire legislation relating to the object of research. Source of data used is primary data, secondary data and data tertiary. Analysis of the data used in this study is qualitative.BAPMI ruling has the force of law, as stated in Article 48 of the Decree of the Indonesian Capital Market Arbitration Board Number: Kep-02 / BAPMI / 11.2009 of the Rules and Events Indonesian Capital Market Arbitration Board. The head of the written decision BAPMI "SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD" which means decision executorial BAPMI have legal force and are binding on the parties. District Court Judge ruled Court No. 513 / PDT.G-ARB / 2012 / PN.JKT.PST related cancellation BAPMI decision. Decision handed down by the judge is not based on proof of their ruse conducted by BAPMI and PT. Bank Permata Tbk. Elucidation of Article 70 of Law Arbitration stated that in order to be able to say meets the requirements as stated in Article 70 of Law Arbitration, the need for advance ruling which stated the presence / absence of the fraudulent action.From the research, there are two basic problems that can be concluded, first, the decision BAPMI already have legal force. Second, evidence has been the fulfillment of the elements of fraud are not carried out by a judge. Advice, First, the arbitration award is final and binding with legal force by the parties should be implemented immediately. The judge can carry out his duties by ordering the execution of the arbitral award is registered to the court. Second, the trial judge should carry out the cancellation of arbitration in accordance with the Civil Procedure Code, that the cancellation of arbitral awards especially BAPMI decision is consistent with the rule of law.Keywords: BAPMI - Arbitration - Decisio

    TINJAUAN PENYELESAIAN PERKARA TINDAK PIDANA NARKOTIKA NOMOR 231/PID.SUS/2023/PN. MLG DI PENGADILAN NEGERI MALANG

    Get PDF
    Narcotics crime is a crime that is a concern for nations in the world. Law enforcement of narcotics crimes is carried out in accordance with the provisions in the criminal procedure code. Based on field research, the author examines the narcotics crime case number 231/Pid.Sus/2023/PN. Mlg. with the defendant AAP. The case began when the defendant was arrested on Thursday, February 23, 2023 at approximately 23.30 WIB in a boarding house located on Jalan Tirto Joyo Blok D1, Landungsari Village, Dau District, Malang Regency. During the arrest, class I narcotics such as marijuana weighing 401.57 grams and class I narcotics in the form of methamphetamine totaling 238.04 grams were found. This study aims to determine the process of resolving narcotics crime number 231/Pid.Sus/2023/PN. Mlg. The method used is sociological juridical which is carried out with a socio legal approach by comparing and analyzing das sein and das sollen. The author uses primary data, namely the results of observations at the Malang District Court along with case files at the Nay & Rekan law office and secondary data, namely Law Number 8 of 1981 concerning Criminal Procedure and Law Number 35 of 2009 concerning Narcotics. The settlement process is carried out from the granting of special power of attorney, the submission of cases at the Malang District Attorney's Office to the examination at the court session which starts from the agenda reading of the indictment, exception, interlocutory decision, proof, indictment, memorandum of defense, and decision. Broadly speaking, the process of resolving the case a quo has been in accordance with the criminal procedure law. Law enforcers need to be more careful and critical in the implementation of procedural law and in the preparation of legal documents to produce an objective and equitable resolution of legal problems

    Data-driven analysis of ultrasonic pressure tube inspection data

    Get PDF
    Pressure tubes are critical components of the CANDU reactors and other pressurized heavy water type reactors, as they contain the nuclear fuel and the coolant. Manufacturing flaws, as well as defects developed during the in-service operation, can lead to coolant leakage and can potentially damage the reactor. The current inspection process of these flaws is based on manually analyzing ultrasonic data received from multiple probes during planned, statutory outages. Recent advances on ultrasonic inspection tools enable the provision of high resolution data of significantly large volumes. This is highlighting the need for an efficient autonomous signal analysis process. Typically, the automation of ultrasonic inspection data analysis is approached by knowledge-based or supervised data-driven methods. This work proposes an unsupervised data-driven framework that requires no explicit rules, nor individually labeled signals. The framework follows a two-stage clustering procedure that utilizes the DBSCAN density-based clustering algorithm and aims to provide decision support for the assessment of potential defects in a robust and consistent way. Nevertheless, verified defect dimensions are essential in order to assess the results and train the framework for unseen defects. Initial results of the implementation are presented and discussed, with the method showing promise as a means of assessing ultrasonic inspection data
    corecore