Strike in the Essential Services: Italy. WP CSDLE “Massimo D’Antona”.INT – 142/2018

The Constitution enacted in 1948 after a long dictatorship under Benito Mussolini, the Prime Minister who came to power in 19221, is the foundation of the Italian legal system. The Constitution supports a republican form of government, in compliance with the rejection of the monarchic regime after a referendum held in 1948. The Constitution confers the sovereignty to Parliament. The President of the Republic has powers aimed at guaranteeing the balance between the constitutional bodies. Notably, the Italian Constitution does not only regulate civic and political liberties and political institutions but also economic and social rights. Labour is at the core of the constitutional chart. Labour is mentioned in the opening of the Constitution, where Art. 1 states that ‘Italy is a democratic republic founded on labour’. Art. 4 recognises the right to work for all citizens. Interrelated with the right to work is the duty for citizens to cooperate to the material and moral progress of the society. The right to work has therefore a fundamental value in the constitutional political project, which supports strategies aimed at protecting employees and workers whether under a subordinate or independent contract. The Titolo III of the Constitution details the basic protection for labour in few Articles. Courts have applied these Articles without the mediation of specific statutes in many occasions. One can find a very important example of the straight application by Courts of constitutional labour principles in the matter of remuneration. On the basis of Art. 36 of the Constitution, the remuneration ought to be proportional to the quantity and also to the quality of the work performed. It is worth noting that Italy has not yet adopted a statute that details what is the minimum wage in every sector. As a consequence it had seemed problematic for an employee to sue an employer in Court in order to challenge a contractual agreement setting a wage apparently unfair. Civil Courts have nevertheless overcome the absence of legislation on minimum wage retrieving Art. 2099 of the Civil Code adopted in 1942 and clearly inspired by the fascist ideology on labour

Meningkatkan keterampilan Back Roll dalam senam lantai pada siswa kelas XII IPA-1 SMA Negeri 4 Balikpapan melalui modifikasi alat bantu pembelajaran

Keterampilan siswa kelas XII IPA-1 SMA Negeri 4 Balikpapan dalam melaksanakan rangkaian senam lantai, menemui kendala pada aspek back roll. Akibatnya, hasil belajar siswa menjadi rendah. Penelitian bertujuan untuk: Mendeskripsikan langkah-langkah penggunaan modifikasi alat bantu pembelajaran untuk meningkatkan keterampilan melakukan back roll; Mendeskripsikan peningkatan keterampilan melakukan back roll. Subyek penelitian ini adalah siswa kelas XII IPA-1 SMA Negeri 4 Balikpapan semester 2 tahun pelajaran 2014-2015 sebanyak 34 siswa. Data dikumpulkan melalui tehnik tes dan non tes. Data dianalisa secara deskriptif kuantitatif dan deskriptif kualitatif. Penggunaan modifikasi alat bantu pembelajaran dalam penelitian ini mampu meningkatkan hasil belajar back roll senam lantai siswa kelas XII IPA-1 SMA Negeri 4 Balikpapan tahun ajaran 2014-2015. Skor rata-rata keterampilan back roll siswa pada siklus I sebesar 74.84 dan pada siklus II sebesar 84.84 atau meningkat 10 poin. Ketuntasan belajar siswa pada siklus I sebesar 70.59% atau 24 siswa dan pada siklus II sebesar 97.06% atau 33 siswa atau meningkat 26.47%. Skor rata-rata ketiga aspek pengamatan aktivitas belajar siswa siklus I sebesar 53.61 dan pada siklus II menjadi 81.11 atau meningkat 27.5 poin. Hasil penelitian siklus II telah memenuhi ketiga indikator keberhasilan penelitian, sehingga penelitian ini dinyatakan berhasil dan dihentikan pada siklus II

Explaining the use and non-use of Smart Cities services in Johannesburg: residents' perspectives

A research dissertation submitted for the Degree of Master of Commerce (Information Systems) by ResearchOne of the aims of the development of Smart City initiatives is to provide electronic services that address residents’ information needs. Local governments in South Africa have realised that e-government can improve service delivery. There are currently government e-services that are designed to meet residents’ information needs and transform Johannesburg into a Smart City. However, local governments face the challenge of deficiencies in the use of government e-services. In order to ensure that all residents benefit from Smart City services there is a need to understand the use and non-use of these services. This research has been conducted in Johannesburg to understand what makes people use or not use the provided Smart City services. In this context, Smart City services refer to government e-service websites and government city Wi-Fi. The research was addressed from an interpretive perspective employing qualitative methods. The theoretical framework of government websites utilisation developed by Wang (2014) was used as a theoretical grounding. Data was Data was collected through in- depth semi -structured face-to -face interviews with open-ended questions. Twelve interviews were concluded. The results confirm Wang's (2014) theoretical framework in that all the major concepts: value, user needs, effectiveness of government websites, and alternative information sources were reflected as influencing the use and non-use of Smart City services. In addition the results extend Wang's (2014) framework with additional important core concepts: awareness, access, and trust. These concepts are particularly important to residents' participation in a developing country context and can be used to create a deeper understanding of how different types of residents engage or don't engage with Smart City services. In the pursuit of Smart Cities, local governments can use the results of the study to establish measures that can increase the use of free Wi-Fi around the city and government websites. A paper from this research report has been peer reviewed and was accepted for the Community Informatics Research Network (CIRN) conference which was held at Monash University in Italy, Prato. The title of the paper is: Explaining the Use and Non-Use of Smart Cities Services in Johannesburg: Residents’ Perspectives. On the 9th, 10th, and 11th November 2015, I attended the CIRN conference in Italy and presented the paper. The paper will be part of the conference proceedings.MT201

Models for an Ecosystem Approach to Fisheries

This document is one outcome from a workshop held in Gizo in October 2010 attended by 82 representatives from government, NGO's private sector, and communities. The target audience for the document is primarily organizations planning to work with coastal communities of Solomon Islands to implement Community-Based Resource Management (CBRM). It is however also envisaged that the document will serve as a reference for communities to better understand what to expect from their partners and also for donors, to be informed about agreed approaches amongst Solomon Islands stakeholders. This document does not attempt to summarize all the outcomes of the workshop; rather it focuses on the Solomon Islands Coral Triangle Initiative (CTI) National Plan of Action (NPoA): Theme 1: Support and implementation of CBRM and specifically, the scaling up of CBRM in Solomon Islands. Most of the principles given in this document are derived from experiences in coastal communities and ecosystems as, until relatively recently, these have received most attention in Solomon Islands resource management. It is recognized however that the majority of these principles will be applicable to both coastal and terrestrial initiatives. This document synthesizes information provided by stakeholders at the October 2010 workshop and covers some basic principles of engagement and implementation that have been learned over more than twenty years of activities by the stakeholder partners in Solomon Islands. The document updates and expands on a summary of guiding principles for CBRM which was originally prepared by the Solomon Islands Locally Managed Marine Area Network (SILMMA) in 2007

Anti-terrorism Legal Framework in Indonesia: Its Development and Challenges

Indonesia is a nation that has been subject to many of high profile terrorist cases. In relation to this, Indonesia's legal framework on anti-terrorism contains provisions that have been generally practiced by other countries. After the 2002 Bali Bombing, the Indonesian government issued Government Regulation in Lieu of Law (Perpu) No. 1/2002 on Anti-terrorism and Perpu No. 2/2002 (which made the Perpu No.1/2002 retroactively applicable to the Bali bombings). The parliament adopted both in early 2003 in the form of Law No. 15/2003 and Law No. 16/2003. The Constitutional Court decided that Law No. 16/2003 was in-constitutional, because it was against principle of non-retroactivity stipulated under Article 28I of the 1945 Constitution. Indonesia adalah korban dari beberapa serangan teroris bersakal besar. Terkait terorisme ini, kerangka hukum anti-terorisme telah memuat ketentuan-ketentuan yang secara umum juga diterima oleh berbagai negara. Pasca Bom Bali tahun 2002, lahirlah Peraturan Pengganti Undang-Undang (Perpu) No. 1/2002 tentang Pemberantasan Tindak Pidana Terorisme dan Perpu No. 2/2002 yang memberlakukan surut Perpu 1/2002 untuk peristiwa Bom Bali. Dua Perpu itu kemudian diterima menjadi Undang-Undang (UU) oleh Dewan Perwakilan Rakyat (DPR) dalam bentuk UU No. 15/2003 dan UU 15/2003. Mahkamah Konstitusi memutuskan bahwa ketentuan pemberlakuan surut itu bertentangan dengan asas non-retroaktif yang tercantum dalam Undang-Undang Dasar 1945 khususnya Pasal 28I

Regulation of ADV-1 Protein Rhythms by the Transcription Factor CSP-1 in Neurospora crassa

The circadian clock regulates the rhythmic expression of roughly half of the eukaryotic genome at the level of mRNA abundance. However, little is known about how rhythmic phase is regulated (Delaunay & Laudet, 2002). Chromatin-immunoprecipitation (ChIP)-seq revealed a network of transcription factors (TFs) downstream of the core oscillator component, the White Collar Complex (WCC) (Smith, et al., 2010). We hypothesize this TF network is important in phase regulation of downstream clock-controlled genes (ccgs). To test this hypothesis, we investigated the role of a smaller TF network upstream of ADV-1, a direct TF target of the WCC, and assayed the effect of single TF deletions on ADV-1 rhythms. We found deletion of CSP-1, a TF within this network, resulted in an ~3 hr phase delay of ADV-1 protein rhythms, without affecting FRQ protein rhythmic accumulation. ChIP-seq also revealed two CSP-1 consensus binding motifs near the start of adv-1 transcription. If CSP-1 regulation of ADV-1 is through the aforementioned TF network, there will be little to no change from wildtype rhythms when the CSP-1 binding sites are deleted. However, if CSP-1 directly regulates ADV-1, then deletion of the binding sites will produce a phase delay similar to the single deletion of CSP-1. The binding site furthest upstream from the adv-1 start codon has been deleted and shown to not be solely responsible for ADV-1 phase regulation. However, the effect of the CSP-1 binding site nearest the adv-1 start remains to be deleted, and thus, the full nature of CSP-1 regulation of ADV-1 phase remains unknown

Discontinuation of Corruption Investigation and Prosecution: A Comparison of Indonesia, The Netherlands, and Hong Kong

The discontinuation of the investigation and prosecution of corruption crimes is one of the important substances of the amendment to Law No. 19 of 2019 concerning the Corruption Eradication Commission which then led to debates both among academicians and legal practitioners. The discourse focused on the essence and concerns of transactional practices in the process of law enforcement for corruption crimes in the future. By using the legal comparative method, this paper tries to compare the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in Indonesia, Hong Kong, and the Netherlands. The results of the study show that the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in the three countries have differences in their arrangements. Normatively, Indonesia and the Netherlands regulate this matter in several articles, while for Hong Kong, although they do not regulate it in an expressis verbis manner in the law, the provisions concerning the discontinuation of investigations and prosecutions of corruption crimes are known in their law enforcement practices as seen in the case handling scheme published by the Independent Commission Against Corruption (ICAC). However, the use of the mechanism for terminating the investigation and prosecution of corruption crimes can be seen as a balancing mechanism against the legal process. Regulations regarding the discontinuation of investigations in corruption crimes must be maintained as a control mechanism against the possibility of errors in law enforcement procedures or for other technical reasons

The Implementation of Corporate Criminal Liability in Environmental Crime Cases in Indonesia

Corporate crimes may bring greater and wider negative impact to the society compared to street crimes. Environmental crimes, such as forest slashing and burning, are one form of the criminal acts that are often committed by the corporations. In the last few years, there are several environmental crime cases undertaken by the corporations in Indonesia. These cases are important corporate crime cases and have been judged by the courts. This paper will examine those cases relating to the implementation of the corporate criminal liability’s doctrine that is adopted by the judges and criminal sanctions given to the corporation to minimize future environmental crimes. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research with cases approach, where not only law cases but also relevant regulations and legal theories are scrutinized to draw conclusion about the issues. It is found that the judges adopted the doctrine of vicarious liability to attribute criminal liability to the corporations; where the acts and the mental elements of the boards represent the acts and the mental elements of the corporation. Moreover, criminal sanction that is often given to the corporations is criminal fine with some kind of additional sanctions. It is hoped that the finding of this research will provide crucial materials for judges, other legal enforcement officers, and academia on how Indonesian judges implement corporate criminal liability particularly in environmental crime cases

Kontemplasi dan Analisis Hukum Terhadap Penanganan Eksploitasi Seksual Komersial Anak di Indonesia

The problem of commercial sexual exploitation of children is a serious problem and is not a new problem that has emerged recently. This crime has been happening for a long time and has been experienced by many countries, including Indonesia. For a long time, the Indonesian government has made various efforts to minimize the increase in the types of crimes that attack the future of children, such as by issuing several policies. However, day by day this crime is getting more and more victims. Moreover, with the development of an increasingly sophisticated era, this criminal activity is growing. With technological capabilities that facilitate the modus operandi of perpetrators, it certainly raises its own concerns in protecting children from sexual exploitation for commercial purposes. This research is a socio-legal research using secondary data consisting of primary, secondary and tertiary legal materials collected through the study of library materials then analyzed qualitatively and presented descriptively so as to obtain a detailed and systematic description of the description of the crime of commercial sexual exploitation of children. divided into several periods and the development of its handling in Indonesia