Log in

Relevant bibliographies by topics / Certainty-uncertainty principles / Journal articles

To see the other types of publications on this topic, follow the link: Certainty-uncertainty principles.

Journal articles on the topic 'Certainty-uncertainty principles'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Certainty-uncertainty principles.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Rimoli, Francesco, Juliana Salvetti, Marcelo Lamy, and Luiz Carlos de Souza Auricchio. "Certeza do direito e multiplicação das fontes normativas: uma reflexão sobre o contexto italiano." Revista Brasileira de Direito Constitucional 7, no. 1 (2006): 205–30. https://doi.org/10.62530/rbdcv7n1p205.

Full text

Abstract:

Summary: 1. Certainty of law: principle or value? 2. Certainty as a defining problem. 3. Clarity of the norm, certainty of legal relations and systemic functions. 4. Certainty and interpretation. The role of the judge between predictability and integrative justice. 5. Stability and mutation as a problem of legal systems. Principle of certainty and certainty of principles. 6. Integrative uncertainty and “ductile law”: still in the sense of a law by principles? 7. Certainty and trust: coherence as a limit to nomopoiesis (creation of law)? 8. Systemic uncertainty and multiplication of sources: a

APA, Harvard, Vancouver, ISO, and other styles

2

Smorodynskyi, Viktor. "Legal Certainty." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 185–201. http://dx.doi.org/10.21564/2707-7039.2.242858.

Full text

Abstract:

Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legi

APA, Harvard, Vancouver, ISO, and other styles

3

Սարգսյան, Անի. "Իրավունքի որոշակիության պատմափիլիսոփայական ասպեկտները". State and Law 99, № 2 (2025): 20–32. https://doi.org/10.46991/sl/2024.99.020.

Full text

Abstract:

Within the framework of this scientific article, the author discussed the legal content of the terms “certainty of act”, “certainty of law”, “legal certainty”, “formal certainty of law”, “uncertainty of law”, “legal uncertainty”. The analysis was carried out on the basis of a comprehensive study of the works of a number of lawyer-scientists and philosophers G.F. Hegel and I. Kant. The author touched upon the problem of certainty and uncertainty of law, certainty of law and law-making activity, as well as the relationship with other principles of law. The author came to the conclusion that the

APA, Harvard, Vancouver, ISO, and other styles

4

Demin, Alexander V. "Certainty and Uncertainty in Tax Law: Do Opposites Attract?" Laws 9, no. 4 (2020): 30. http://dx.doi.org/10.3390/laws9040030.

Full text

Abstract:

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand

APA, Harvard, Vancouver, ISO, and other styles

5

Antić, Dinka. "Tax (Un)Certainty: From Axiom of Taxation to Dimension of Tax Policy Design // (Ne)određenost poreza: od aksioma oporezivanja do dimenzije dizajna poreske politike." Годишњак факултета правних наука - АПЕИРОН 8, no. 8 (2018): 142. http://dx.doi.org/10.7251/gfp1808142a.

Full text

Abstract:

Principle of tax certainty belongs to legal-technical principles of taxation. It requires that the tax paid by tax payers should be certain, not determined arbitrary. Application of principle of tax certainty is of great importance not only for tax administration because of predictable collection of revenues, but also for taxpayers due to minimising cash flow risks and realization of planned business activities. Classical financial theory considers principle of tax certainty as axiom that should not be explained additionally. However, its application in modern states is jeopardised, since tax

APA, Harvard, Vancouver, ISO, and other styles

6

Przhilenskiy, V. I. "Legal Uncertainty in the context of the Foundations of Criminal Justice Transformation." Lex Russica, no. 6 (July 5, 2021): 127–37. http://dx.doi.org/10.17803/1729-5920.2021.175.6.127-137.

Full text

Abstract:

Based on the analysis of the history of legal science and law enforcement practice, the paper considers the prerequisites for the conceptualization of the phenomenon of uncertainty in law. The author offers a historical and rational reconstruction of the transition from the everyday and practical experience of understanding uncertainty to the concept that allows us to formulate the principles of lawmaking and law enforcement that prohibit uncertainty in the law and court decisions. The author explicates the difference between the conceptualization of the phenomenon of uncertainty in the Russia

APA, Harvard, Vancouver, ISO, and other styles

7

Yakovleva, I. V., and T. S. Kosenko. "Socio-philosophical cognition of the phenomenon of uncertainty and forecasting in education." Professional education in the modern world 11, no. 4 (2022): 19–27. http://dx.doi.org/10.20913/2618-7515-2021-4-3.

Full text

Abstract:

The principle of uncertainty operates in the perspective of discussing the modern Russian education modernization, it arises in the circumstances of unclear public priorities, goals, values. At the educational practice viewpoint, the holistic methodology absence for the philosophical understanding of certainty and uncertainty of ontological, epistemological, epistemological, axiological research programs, is reflected in both satisfying human cognitive needs and forecasting in education. Developing a methodological formalization of concepts «certainty», «uncertainty», «ontological uncertainty»

APA, Harvard, Vancouver, ISO, and other styles

8

Witthoff, Eberhard. "Principles of Reinsurance Contract Law: The Reinsurer’s Perspective." Uniform Law Review 25, no. 1 (2020): 57–66. http://dx.doi.org/10.1093/ulr/unaa004.

Full text

Abstract:

Abstract The global economic impact of reinsurance has increased significantly in recent years, leading to a desire for more certainty in the legal interpretation of reinsurance contracts as the number of disputes increases. Reinsurance contract wordings are not regulated by any overarching statutory law or regulations, in part due to the transnational nature of most reinsurance business. Additionally, reinsurance contracts have historically been interpreted by applying only general principles of contract law and good faith obligations with a heavy emphasis on the parties practice, usage and c

APA, Harvard, Vancouver, ISO, and other styles

9

Arlota, Alexandre Sales Cabral. "THE QUEST FOR DYNAMISM IN CONTEMPORARY LAW: MULTIPLE DIMENSIONS OF LEGAL CERTAINTY." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2018): 265–83. http://dx.doi.org/10.17768/pbl.v4i5-6.34435.

Full text

Abstract:

The legal principles’ evolution towards a post-positivist conception has led to the acknowledgement of their normative power. Although such movement has made legal systems better suited in reaching decisions adapted to contemporary societies, it has casted uncertainty upon allowing the vague use of abstract expressions, which the concrete meaning is difficult to understand. In this sense, it is necessary that the possible meanings of each legal principle be narrowed down and that a proper method be coined for weighting legal principles that eventually collide. The scope of this academic paper

APA, Harvard, Vancouver, ISO, and other styles

10

Arlota, Alexandre Sales Cabral. "THE QUEST FOR DYNAMISM IN CONTEMPORARY LAW: MULTIPLE DIMENSIONS OF LEGAL CERTAINTY." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2018): 265–83. http://dx.doi.org/10.17768/pbl.v4i5-6.p265-283.

Full text

Abstract:

The legal principles’ evolution towards a post-positivist conception has led to the acknowledgement of their normative power. Although such movement has made legal systems better suited in reaching decisions adapted to contemporary societies, it has casted uncertainty upon allowing the vague use of abstract expressions, which the concrete meaning is difficult to understand. In this sense, it is necessary that the possible meanings of each legal principle be narrowed down and that a proper method be coined for weighting legal principles that eventually collide. The scope of this academic paper

APA, Harvard, Vancouver, ISO, and other styles

11

Arlota, Alexandre Sales Cabral. "THE QUEST FOR DYNAMISM IN CONTEMPORARY LAW: MULTIPLE DIMENSIONS OF LEGAL CERTAINTY." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2017): 265–83. http://dx.doi.org/10.17768/pbl.y4.n5-6.p265-283.

Full text

Abstract:

The legal principles’ evolution towards a post-positivist conception has led to the acknowledgement of their normative power. Although such movement has made legal systems better suited in reaching decisions adapted to contemporary societies, it has casted uncertainty upon allowing the vague use of abstract expressions, which the concrete meaning is difficult to understand. In this sense, it is necessary that the possible meanings of each legal principle be narrowed down and that a proper method be coined for weighting legal principles that eventually collide. The scope of this academic paper

APA, Harvard, Vancouver, ISO, and other styles

12

Arlota, Alexandre Sales Cabral. "THE QUEST FOR DYNAMISM IN CONTEMPORARY LAW: MULTIPLE DIMENSIONS OF LEGAL CERTAINTY." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (2018): 265–83. http://dx.doi.org/10.17768/pbl.y4n5-6.p265-283.

Full text

Abstract:

The legal principles’ evolution towards a post-positivist conception has led to the acknowledgement of their normative power. Although such movement has made legal systems better suited in reaching decisions adapted to contemporary societies, it has casted uncertainty upon allowing the vague use of abstract expressions, which the concrete meaning is difficult to understand. In this sense, it is necessary that the possible meanings of each legal principle be narrowed down and that a proper method be coined for weighting legal principles that eventually collide. The scope of this academic paper

APA, Harvard, Vancouver, ISO, and other styles

13

Lin, Emil Edipovich. "Revealing the Uncertainty and Absolute Certainty Principles in the Kinetics of Objects Formation." World Journal of Mechanics 08, no. 04 (2018): 82–93. http://dx.doi.org/10.4236/wjm.2018.84007.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Hamlin, Robert. "The Relative Merits of Observational and Experimental Research: Four Key Principles for Optimising Observational Research Designs." Nutrients 14, no. 21 (2022): 4649. http://dx.doi.org/10.3390/nu14214649.

Full text

Abstract:

The main barrier to the publication of observational research is a perceived inferiority to randomised designs with regard to the reliability of their conclusions. This commentary addresses this issue and makes a set of recommendations. It analyses the issue of research reliability in detail and fully describes the three sources of research unreliability (certainty, risk and uncertainty). Two of these (certainty and uncertainty) are not adequately addressed in most research texts. It establishes that randomised designs are vulnerable as observation studies to these two sources of unreliability

APA, Harvard, Vancouver, ISO, and other styles

15

Akbar, Amrul, and Prita Amalia. "THE ONLY CERTAINTY IS UNCERTAINTY: REMOTE HEARING IN INDONESIAN ARBITRATION." Transnational Business Law Journal 2, no. 2 (2021): 99–115. http://dx.doi.org/10.23920/transbuslj.v2i2.792.

Full text

Abstract:

The remote hearing practice emerges as an alternative to in-person hearing as the established practice in arbitration. Yet, the practice of remote hearing does not always agreed upon by the parties in certain circumstances. The lack of certain laws governing its application raises a number of issues surrounding its application in arbitration. This paper examines legal theories and principles in domestic procedure law, international arbitration law, and their implementation in practice through comparative cases, utilizing a normative legal and case analysis method. The study employs a descripti

APA, Harvard, Vancouver, ISO, and other styles

16

Ihsanul Maarif. "Strategies of Omnibus Law Under the Hierarchical Legislation Framework: A Review of Theoretical and Practical Implications." Journal of Law, Politic and Humanities 5, no. 1 (2024): 304–13. https://doi.org/10.38035/jlph.v5i1.827.

Full text

Abstract:

The implementation of the Omnibus Law in Indonesia, particularly the Job Creation Omnibus Law, has raised several challenges related to the principles of the hierarchy of legislation and legal certainty. The Omnibus Law, which combines various regulations from different levels of law without regard to hierarchical order, has the potential to create legal uncertainty, undermine the legal order, and reduce protections for workers' rights and the environment. This study aims to examine the compatibility of the Omnibus Law method with the principles of Indonesia's hierarchy of legislation and iden

APA, Harvard, Vancouver, ISO, and other styles

17

Gutierrez-Lopez, Alfonso. "Methodological Guide to Forensic Hydrology." Water 14, no. 23 (2022): 3863. http://dx.doi.org/10.3390/w14233863.

Full text

Abstract:

In Latin America and the Caribbean (LAC) region, geophysical, meteorological and hydrological disasters are increasing every year. With significantly limited resources, these countries are naturally forced to absorb lessons from these disasters. One of the fundamental activities during this learning task remains the need to standardize the forensic reporting process. Like all academic disciplines, engineering is exceptional in its application to the forensic field. This feature makes it a unique input to the investigation of hydrological and environmental catastrophes. Based on the fundamental

APA, Harvard, Vancouver, ISO, and other styles

18

Wang, Hanmo, Runwu Zhou, and Yi-Dong Shen. "Bounding Uncertainty for Active Batch Selection." Proceedings of the AAAI Conference on Artificial Intelligence 33 (July 17, 2019): 5240–47. http://dx.doi.org/10.1609/aaai.v33i01.33015240.

Full text

Abstract:

The success of batch mode active learning (BMAL) methods lies in selecting both representative and uncertain samples. Representative samples quickly capture the global structure of the whole dataset, while the uncertain ones refine the decision boundary. There are two principles, namely the direct approach and the screening approach, to make a trade-off between representativeness and uncertainty. Although widely used in literature, little is known about the relationship between these two principles. In this paper, we discover that the two approaches both have shortcomings in the initial stage

APA, Harvard, Vancouver, ISO, and other styles

19

Khokhlova, Alina Dmitrievna. "Legal Doctrine and Practice in Search of Tax Law Certainty: Progress or Regression?" Право и политика, no. 7 (July 2025): 1–25. https://doi.org/10.7256/2454-0706.2025.7.74901.

Full text

Abstract:

The relevance of the study stems from systemic issues of legal certainty in tax regulation, which undermine taxpayers' trust in the law and exacerbate imbalances in public-law relations. Despite the legislative enshrinement of the principle of tax law certainty in Article 3 of the Tax Code of the Russian Federation (RF Tax Code) and its recognition in the case law of the Constitutional Court of the Russian Federation, its implementation faces challenges. These include legislative defects (collisions, gaps, legal-technical errors) and expansive interpretation of norms by authorized enforcement

APA, Harvard, Vancouver, ISO, and other styles

20

Klein, Brennan, and Erik Hoel. "The Emergence of Informative Higher Scales in Complex Networks." Complexity 2020 (April 4, 2020): 1–12. http://dx.doi.org/10.1155/2020/8932526.

Full text

Abstract:

The connectivity of a network contains information about the relationships between nodes, which can denote interactions, associations, or dependencies. We show that this information can be analyzed by measuring the uncertainty (and certainty) contained in paths along nodes and links in a network. Specifically, we derive from first principles a measure known as effective information and describe its behavior in common network models. Networks with higher effective information contain more information in the relationships between nodes. We show how subgraphs of nodes can be grouped into macronod

APA, Harvard, Vancouver, ISO, and other styles

21

Шишка, О. Р. "Принцип правової визначеності в цивільному праві України". Форум права 70, № 5 (2021): 6–17. https://doi.org/10.5281/zenodo.5529519.

Full text

Abstract:

<strong>Постановка проблеми</strong>. Унаслідок розпочатого в Україні процесу оновлення цивільного законодавства постає нагальна потреба узгодити цивільно-правові норми згідно з вимогами їх ясності, однозначності й несуперечливості, а це напряму впливає на стабільність правового регулювання та передбачуваність правозастосовної практики. Враховуючи те, що цього досягти, як правило, досить складно, тому автор обґрунтовує необхідність посилити механізм цивільно-правового регулювання певними правовими гарантіями, які б сприяли усуненню правової невизначеності, а також забезпечували б стабільність

APA, Harvard, Vancouver, ISO, and other styles

22

Kubko, Ievhen. "Law-making, legal practice and legal uncertainty (methodological aspects of an interrelationship)." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 108–20. https://doi.org/10.33663/0869-2491-2024-35-108-120.

Full text

Abstract:

The article scrutinizes the correlation between lawmaking and legal practice in Ukraine, in terms of ensuring legal certainty within the legal system. The European Court of Human Rights has repeatedly reiterated that legal certainty is a crucial component of the rule of law. It is related both to the quality of laws and the quality of legal (judicial) practice. Legal uncertainty is a negative phenomenon that does not conform to the principles of the rule of law, and, accordingly, the European Convention on Human Rights. It is a result of lawmaking and legal (mainly judicial and administrative)

APA, Harvard, Vancouver, ISO, and other styles

23

Sri Deviana Siska, Nurdin Bakri, and Safira Mustaqilla. "LEGAL CERTAINTY OF LAND GRANTS OF EX-USE RIGHTS ACCORDING TO LAW NUMBER 5 OF 1960 AND THE THEORY OF MILK AL-DAULAH." Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah 5, no. 2 (2024): 511–29. https://doi.org/10.22373/al-mudharabah.v5i2.6630.

Full text

Abstract:

This study examines the legal uncertainty regarding the management of land previously under the Right to Cultivate (HGU) granted to PT Cemerlang Abadi in Babahrot District, Aceh, which presents a significant issue. Although the land has been utilised by around a thousand households for agricultural purposes, the government has not provided official certificates as legal proof of ownership. The slow administrative process and land redistribution by the Aceh government and the Southwest Aceh District Government contradict the principle of legal certainty as stipulated in Law No. 5 of 1960 on Bas

APA, Harvard, Vancouver, ISO, and other styles

24

Fathoni, M. Yazid, Adi Sulistiyono, and Lego Karjoko. "Reformulation of Sale And Purchase Agreement Regulations in Creating Legal Certainty and Justice in The Transfer of Land Rights in Indonesia." Jurnal IUS Kajian Hukum dan Keadilan 12, no. 1 (2024): 55–67. http://dx.doi.org/10.29303/ius.v12i1.1351.

Full text

Abstract:

Even though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997.

APA, Harvard, Vancouver, ISO, and other styles

25

Harahap, Safwan Alwi, and Zaid Alfauza Marpaung. "Kepastian Hukum dalam pasal 59 pada Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Ketentuan Pesangon bagi Pekerja UMKM Perspektif Fiqh Siyasah." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 2 (2024): 1788–804. http://dx.doi.org/10.47467/as.v6i2.6693.

Full text

Abstract:

This research discusses legal certainty in providing severance pay to MSME workers, in article 59 of government regulation Number 35 of 2021 states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee, this makes the transaction appear to have no legal certainty. . This research uses a normative legal research method with a literature study approach that involves analysis of sources of Islamic law such as the Koran, Hadith and the opinions of leading scholars. The results of this research found provisions in Article 59 in gover

APA, Harvard, Vancouver, ISO, and other styles

26

Illina, O. P., I. P. Sinitsyn, and O. O. Slabospitska. "Principles and models of expert-analytical methodology for adaptive organizational decisions forming under deep uncertainty." PROBLEMS IN PROGRAMMING, no. 3-4 (December 2022): 364–75. http://dx.doi.org/10.15407/pp2022.03-04.364.

Full text

Abstract:

The paper depicts and analyzes Expert-Analytical Methodology named EAM DMDU to support Proactive Anti-crisis Decisions within Organizational Systems under deep uncertainty. Complex tools are proposed for Decisions Domain Knowledge analytical operation. The Benefit is no essential resource demands while keeping the basic principles to deal with deep uncertainty (uncertainties and inconsisten- cies eliciting; Decision vulnerabilities searching instead prediction; threats resilience priority over effectiveness). EAM DMDU enables Deliberative multi-staged Process for Adaptive Decision forming aime

APA, Harvard, Vancouver, ISO, and other styles

27

Panagiotou, Athanasios. "Medical Liability in Europe at the Dawn of Cross-border Healthcare: Time to Reflect on the Possibility of Harmonising the Policies Regarding Medical Liability?" European Journal of Health Law 23, no. 4 (2016): 350–72. http://dx.doi.org/10.1163/15718093-12341390.

Full text

Abstract:

Due to the incorporation of Directive 2011/24/eu into national legislations European citizens will seek cross-border healthcare services. However, medical errors are an inherent part of medical practice. Major differences in European redress systems might create an environment of legal uncertainty and reduce the confidence of patients in seeking cross-border healthcare. After assessing European citizens’ perception regarding errors, we will try to examine if the aforementioned uncertainty is clarified by the eu legislation. Given that formal harmonization measures have not been legislated, the

APA, Harvard, Vancouver, ISO, and other styles

28

Nugroho, Lucky Dafira, Siti Maltufah, and Kholis Kholis. "Penerapan Hukum Perdata Internasional dalam Sengketa Merek Lintas Batas: Studi Kasus IKEA (PT Ratania Khatulistiwa Indonesia vs. IKEA Swedia)." AHKAM 4, no. 2 (2025): 624–39. https://doi.org/10.58578/ahkam.v4i2.6320.

Full text

Abstract:

This study examines the application of Private International Law (PIL) in resolving cross-border trademark disputes, focusing on the case of IKEA Sweden versus PT Ratania Khatulistiwa Indonesia. The dispute arose due to differing legal principles: Indonesia’s legal system adheres to the first to file principle, while international systems recognize the first use principle and the protection of well-known trademarks. The Supreme Court of the Republic of Indonesia ruled in favor of the domestic party, concluding that IKEA Sweden did not meet the criteria for active use of the trademark in Indone

APA, Harvard, Vancouver, ISO, and other styles

29

Al Farisy, Amran, Muhammad Alfathan Herdy, and Faisal Nasrullah. "Choice of Law dan Choice of Forum dalam Sengketa Ekonomi Syariah: Implikasi bagi Penyelesaian Sengketa Bisnis Syariah di Indonesia." IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah 3, no. 2 (2024): 196–213. https://doi.org/10.69768/ji.v3i2.83.

Full text

Abstract:

This study examines the application of the Choice of Law and Choice of Forum principles in sharia economic disputes in Indonesia, which involve interactions between religious and national legal systems. The main issue discussed is how these two principles affect the efficiency and legal certainty in resolving sharia business disputes. The purpose of this study is to analyze the legal dynamics that occur between the Religious Court and the National Sharia Arbitration Board (BASYARNAS), and its implications for resolving sharia business disputes in Indonesia. This study uses a normative research

APA, Harvard, Vancouver, ISO, and other styles

30

Ardiansyah, Andri, Sri Hidayanti, Andika, Ridho Agni Hafid, and Junita Ahira Putri. "Bisnis Multi Level Marketing (MLM) dalam Perspektif Fiqih Muamalah." Jurnal Indragiri Penelitian Multidisiplin 4, no. 3 (2024): 1–9. https://doi.org/10.58707/jipm.v4i3.966.

Full text

Abstract:

This research emphasizes the importance of examining the Multi Level Marketing (MLM) business model from the perspective of Islamic law, especially fiqh muamalah. The research found that the structure and operational mechanisms of MLM often trigger injustice, and uncertainty, as well as potential violations of sharia principles such as gharar, riba, and maysir. In Islamic teachings, the principles of fairness, transparency and certainty are things that must be maintained in every economic transaction. This study reveals that many MLM models tend to focus more on recruiting new members rather t

APA, Harvard, Vancouver, ISO, and other styles

31

Hakim, Ali, and Khalimi Khalimi. "KEPASTIAN HUKUM ATAS PEMOTONGAN PAJAK OLEH WAJIB PAJAK DALAM NEGERI TERHADAP WAJIB PAJAK LUAR NEGERI." JURNAL ILMIAH GLOBAL EDUCATION 3, no. 2 (2022): 117–24. http://dx.doi.org/10.55681/jige.v3i2.351.

Full text

Abstract:

The purposes of this study are to analyze and understand legal remedies that can be taken by WPDN in obtaining legal certainty regarding their obligation to make withholding tax on their income to WPLN as well as to analyze and understand legal certainty for WPDN in carrying out the obligation to withhold tax on income to WPLN based on regulations. applicable taxation. The method used in this author is normative juridical research supported by a statute approach, a conceptual approach, and a case approach based on primary legal materials, secondary legal materials and tertiary legal materials.

APA, Harvard, Vancouver, ISO, and other styles

32

Razali, Siti Salwani. "The Dominance Entry of the Principles of Ghārār in Electronic Contracts." Arab Law Quarterly 23, no. 2 (2009): 207–16. http://dx.doi.org/10.1163/157302509x415648.

Full text

Abstract:

AbstractContracts feature in all areas of our daily lives. For example, without much thought, we become party to a variety of contracts when we travel by bus or rail, purchase goods, accept services, and carry out our duties in the workplace. Contracts are so prevalent that ordinary men or women in the street do not realize the legal complexities of the transactions into which they enter. The use of Internet as a medium of communication has widened the scope for contract formation. Sales and purchase activities are conducted online using contracts either drawn up through the Internet itself or

APA, Harvard, Vancouver, ISO, and other styles

33

Vasilyev, S. V. "LEGAL UNCERTAINTY IN PROCEDURAL LEGAL RELATIONS REGULATION MECHANISM AND LEGAL INSTRUMENTS OF ITS ELIMINATION." Constitutional State, no. 42 (July 7, 2021): 22–31. http://dx.doi.org/10.18524/2411-2054.2021.42.232409.

Full text

Abstract:

Legal certainty is one of the crucial law characteristics. However, legal uncertainty has both downsides and upsides thus they must be considered to be its common quality, its particular feature. Despite quite an advanced procedural legal relations regulation level due to form of action requirements, the presence of uncertain generally evaluative notions and categories in provisions of branches of procedure law is determined by the multiplicity of such legal relations. The subject of the study carried out by the author deals with specific ways of legal uncertainty manifestation in procedural l

APA, Harvard, Vancouver, ISO, and other styles

34

Suryana, Ahmad, Khoirul Hidayah, and Muhammad Muhammad. "Rethinking Marriage Guardians for Widows in Indonesia." Justicia Islamica 22, no. 1 (2025): 71–92. https://doi.org/10.21154/justicia.v22i1.9990.

Full text

Abstract:

The issue of marriage guardianship (wali nikah) for widows remains crucial in Indonesia. BPS 2022 data shows over 13 million widows (cerai mati) and 2.7 million divorced women (cerai hidup). He absence of explicit regulation in Article 14 of KHI creates legal uncertainty, often leading widows to unregistered marriages (nikah sirri), risking their legal protection and rights. It is at this point that the study of this article aims to examine more deeply the stipulation of the “marriage guardian” requirement for widows in the Compilation of Islamic Law, reviewed according to the theory of legal

APA, Harvard, Vancouver, ISO, and other styles

35

Sari, Niken Junika, Ahmad Arif Zulfikar, and Sulaiman Dorlah. "Implementation of International Arbitration Awards in Indonesia from the Perspective of Legal Value Theory." Jurnal Media Hukum 31, no. 1 (2024): 167–85. http://dx.doi.org/10.18196/jmh.v31i1.20026.

Full text

Abstract:

Establishing an arbitral institution aims to resolve business disputes swiftly and conclusively, with arbitration's finality and binding nature being key principles. However, Indonesian arbitration law requires exequatur from the Central Jakarta District Court to enforce an international arbitration award, leading to delays and complications. A notable instance involved the annulment of an international arbitration award due to ambiguous norms. This study employs a normative research methodology with a theoretical approach to highlight the misalignment between international arbitration awards

APA, Harvard, Vancouver, ISO, and other styles

36

Rosenfeld, Richard M. "The Seven Habits of Highly Effective Data Users." Otolaryngology–Head and Neck Surgery 118, no. 2 (1998): 144–58. http://dx.doi.org/10.1016/s0194-5998(98)80002-8.

Full text

Abstract:

Effective data interpretation is a habit, not a random event. By applying the seven habits outlined in this article, any otolaryngologist—regardless of the level of statistical knowledge or lack thereof—will be able to use data effectively. The seven habits are (1) check quality before quantity, (2) describe before you analyze, (3) accept the uncertainty of all data, (4) measure error with the right statistical test, (5) put clinical importance before statistical significance, (6) seek the sample source, and (7) view science as a cumulative process. The same habits apply whether interpreting o

APA, Harvard, Vancouver, ISO, and other styles

37

Saharuddin, Andi Suriyaman M. Pide, Yunus Wahid, Muhammad Ilham Arisaputra, Dzikra Ridha Dwi Aribah, and Rahmi Sahabuddin. "Tayade System Land Rights: The Concept of Unification of Customary Law and Indonesian Positive Law." IOP Conference Series: Earth and Environmental Science 1430, no. 1 (2024): 012005. https://doi.org/10.1088/1755-1315/1430/1/012005.

Full text

Abstract:

Abstract This study analyzes the Gorontalo customary law approach in the transfer of land rights through the Tayade system, which separates land rights and plant rights. In the context of Gorontalo, although there is no formal regulation that specifically regulates Tayade, this practice remains dominant. It creates legal uncertainty for land and plant owners due to the absence of definite legal rules used to separate the transfer of land rights from plants. This paper conducts a comparative analysis to evaluate the impact of the Tayade system on legal certainty, rights transfer mechanisms, lan

APA, Harvard, Vancouver, ISO, and other styles

38

Isdiana Syafitri, Sunarmi, Tan Kamello, and Hasim Purba. "Contemporary Legal Certainty in Insurance Default Claims: A Comparative Study of Islamic and Positive Law Perspectives." MILRev: Metro Islamic Law Review 4, no. 1 (2025): 539–65. https://doi.org/10.32332/milrev.v4i1.10465.

Full text

Abstract:

The breach of contract (wanprestasi) in contemporary insurance practices often results in legal uncertainty, particularly for insured parties who experience losses due to denied or inadequately fulfilled claims. This article examines the legal challenges associated with breach of contract claims in the Indonesian insurance context through a comparative analysis of positive and Islamic law perspectives. Utilizing a normative juridical approach, the study analyzes relevant legislation, including the Indonesian Civil Code (KUHPer) and Financial Services Authority (OJK) regulations, alongside prin

APA, Harvard, Vancouver, ISO, and other styles

39

Hamid, Abdul Ghafur. "Refining Maritime Boundary Delimitation Methodology: The Search for Predictability and Certainty." IIUM Law Journal 27, no. 1 (2019): 35–61. http://dx.doi.org/10.31436/iiumlj.v27i1.457.

Full text

Abstract:

For decades, the maritime boundary delimitation methodology remains uncertain and confusing. This is as a result of the sole reliance on equitable principles, total disregard of the equidistance method in the North Sea Continental Shelf cases and vague provisions of United Nations Convention on the Law of the Sea (UNCLOS) 1982 in particular on the delimitation of the exclusive economic zone and the continental shelf. The main objective of the present article is to investigate how the delimitation methodology could be refined to be more predictable and certain through the flexible interpretatio

APA, Harvard, Vancouver, ISO, and other styles

40

Hakim, Cipta Lukmanul. "Philosophy and Legal Principles of 'Adam Al-Gharar Bai' Al-Salam And its Embodiments in Online Transactions." International Journal of Nusantara Islam 11, no. 1 (2023): 69–90. https://doi.org/10.15575/ijni.v11i1.6417.

Full text

Abstract:

This article explains the philosophy and legal principles of 'adam al-gharar bai' al-salam contract practiced by modern society. In contemporary economic practice, the bai' al-salam contract is widely used in online transactions. The existence of online transactions removes regional boundaries in transactions so that sellers and buyers do not need to meet. Online transactions raise various new problems such as; non-compliance with the specifications of the product ordered, quantity that does not match the order, quality that does not match the order, until there is uncertainty of accountabilit

APA, Harvard, Vancouver, ISO, and other styles

41

Firayani, Firayani. "Legal Certainty in the Division of Joint Property after Divorce." Leges Privatae 1, no. 3 (2024): 35–38. http://dx.doi.org/10.62872/jz3yrc79.

Full text

Abstract:

This study aims to analyze the legal certainty in the distribution of joint property after divorce, with an emphasis on the challenges faced in the implementation of the law in Indonesia. The division of joint property is a crucial issue in the context of divorce which often causes disputes between former spouses, where the principles of justice and equality should take precedence. In this study, a normative juridical approach is used to examine laws and regulations, legal doctrines, and court decisions related to the division of common property, with a focus on Law Number 1 of 1974 concerning

APA, Harvard, Vancouver, ISO, and other styles

42

Hikmal, Andi, Hadin Muhjad, and Trisna Agus Brata Brata. "Synchronization of Legislation on Narcotics Abuse by Civil Servants from the Perspective of General Principles of Good Governance." Journal of Scientific Research, Education, and Technology (JSRET) 4, no. 1 (2025): 329–60. https://doi.org/10.58526/jsret.v4i1.703.

Full text

Abstract:

This study aims to analyse the synchronisation of regulations concerning the dismissal and reinstatement of Civil Servants (PNS) involved in narcotics-related criminal offences, by examining the alignment between Government Regulation (PP) Number 94 of 2021 on Civil Servant Discipline and the Regulation of the Head of the National Civil Service Agency (BKN) Number 3 of 2020 on Technical Guidelines for the Dismissal of Civil Servants. The study employs a normative legal research method with a statutory approach and the general principles of good governance (AUPB). The findings reveal a lack of

APA, Harvard, Vancouver, ISO, and other styles

43

Rahmatillah, Muhammad Syaukas, and Edi Yuhermansyah. "LEGAL PROTECTION FOR WORKERS AT LKP SAHABAT CENDEKIA SIGLI, INDONESIA." JURISTA: Jurnal Hukum dan Keadilan 8, no. 1 (2024): 325–44. http://dx.doi.org/10.22373/jurista.v8i1.144.

Full text

Abstract:

The Institute of Courses and Education or LKP is one form of non-formal education institution that employs educators as applicable in formal education. However, in some LKP cases, it raises problems including the absence of contractual provisions of employment agreements that cause uncertainty and protection for both parties between LKP and workers. For this reason, the focus of this research is how is the system and form of employment contract and its implementation at LKP Sahabat Cendekia Sigli, and how is the legal protection for workers at LKP Sahabat Cendekia Sigli reviewed according to t

APA, Harvard, Vancouver, ISO, and other styles

44

Li, Kang, Fengyan Wang, Zhendong Wang, Juan Shi, and Mimi Xiong. "A polycultural theory of wisdom based on Habermas’s worldview." Culture & Psychology 26, no. 2 (2019): 253–73. http://dx.doi.org/10.1177/1354067x19877915.

Full text

Abstract:

Building on Habermas’s worldview, this paper attempts to construct a theory of wisdom that integrates the advantages of Eastern and Western cultures. To this end, we review previous definitions of wisdom and their problems and analyze the importance of worldview for wisdom. A worldview provided by the German philosopher Jürgen Habermas is eminently persuasive. We argue that Habermas’s worldview provides a more suitable basis for a polycultural theory of wisdom. The specific components of the wisdom theory are: (1) a relationalist belief in the universal world; (2) transcendental agency in the

APA, Harvard, Vancouver, ISO, and other styles

45

Sridevi Malipatil, Et al. "Modern Approaches to Uncertain Database Exploration from Categorizing Data to Advanced Mining Solutions." International Journal on Recent and Innovation Trends in Computing and Communication 11, no. 10 (2023): 2118–34. http://dx.doi.org/10.17762/ijritcc.v11i10.8897.

Full text

Abstract:

In today's digitized era, the ubiquity of data from diverse sources has introduced unique challenges in database management, notably the issue of data uncertainty. Uncertainty in databases can arise from various factors – sensor inaccuracies, human input errors, or inherent vagueness in data interpretation. Addressing these challenges, this research delves into modern approaches to uncertain database exploration. The paper begins by exploring methods for categorizing data based on certainty levels, emphasizing the importance and mechanisms to distinguish between certain and uncertain data. The

APA, Harvard, Vancouver, ISO, and other styles

46

Yuhelson, Yuhelson, and Sonyendah Retnaningsih. "Ambiguity of curator's authority in implementing sales of collateral objects on behalf of third parties in bankruptcy proceedings." Edelweiss Applied Science and Technology 9, no. 1 (2025): 1086–99. https://doi.org/10.55214/25768484.v9i1.4319.

Full text

Abstract:

Curators play a pivotal role in the bankruptcy process, tasked with managing and settling bankrupt assets. However, there exists ambiguity regarding the curator's authority in executing the sale of collateral objects on behalf of third parties. This study aims to analyze the regulations and authority of curators, as well as the legal certainty for curators in settling or selling collateral objects on behalf of third parties within the bankruptcy process. The current research employs a normative legal research methodology, utilizing a statutory approach and case studies. The findings reveal tha

APA, Harvard, Vancouver, ISO, and other styles

47

Muhammad Akram, Aisar. "Hak Cipta sebagai Objek Jaminan Fidusia dalam Pembiayaan Mudharabah pada Perbankan Syariah." Jurnal Officium Notarium 3, no. 1 (2023): 59–67. http://dx.doi.org/10.20885/jon.vol3.iss1.art7.

Full text

Abstract:

The Fatwa (decision) of the National Sharia Council Number 7 of 2000 on Mudharabah asserts that shahibul maal are allowed to ask for guarantees from mudharibs. Article 16 paragraph (3) Law no. 28 of 2014 on Copyright has also stated that copyright can be used as an object of fiduciary guarantee. As a result of this provision, copyright can legally be used as an object of collateral. However, in terms of implementation in society, this cannot be done because it appears to be unfair and there is uncertainty in assessing value. Sharia principles prioritize justice and certainty in every aspect, o

APA, Harvard, Vancouver, ISO, and other styles

48

Henry DP Sinaga, Yuli T. Hidayat,. "CERTAINTY AND SIMPLICITY PRINCIPLE IN BROADENING THE SCOPE OF TAX AUDIT IN INDONESIA." Jurnal Tax Law and Policy 1, no. 1 (2022): 11–22. http://dx.doi.org/10.56282/jtlp.v1i1.60.

Full text

Abstract:

It is necessary to construct the prevailing tax laws and regulations that apply to the period and scope of tax audit in Indonesia. The construction results lead this article to implement the principle of certainty and simplicity in producing the ideal legal concept for the future period and scope of the tax audit. This article uses the normative juridical method using a legal inventory approach (positive), legal principles, and legal systematics and synchronization based on three legal materials: primary legal material, secondary legal material, and tertiary legal material. The scope of a tax

APA, Harvard, Vancouver, ISO, and other styles

49

Sudarsono, Leananda Ayu, Istislam Istislam, and Dewi Cahyandari. "Keabsahan Penerbitan Sertipikat Tanah Hak Milik Kepada Anak Dibawah Umur." Warkat 3, no. 1 (2023): 16–37. http://dx.doi.org/10.21776/warkat.v3n1.2.

Full text

Abstract:

This research aims to analyze property rights certificates issued by the land office based on land law. The land office will issue title certificates number 571 and 671 to minors. Issuance of property rights certificates is carried out in the Complete Systematic Land Registration program, where the applicant is a minor without attaching a guardianship determination letter from the court. This creates legal uncertainty because one of the requirements for carrying out legal actions is being legally competent (adult). Adulthood in the Civil Code is twenty-one years. This research uses normative l

APA, Harvard, Vancouver, ISO, and other styles

50

Supriadi, Yanyan, Maura Linda, and Sutrisno Sutrisno. "Analisis Yuridis Pengaturan Perizinan Apotek dalam Mencapai Kepastian Hukum." AKADEMIK: Jurnal Mahasiswa Humanis 5, no. 1 (2025): 180–90. https://doi.org/10.37481/jmh.v5i1.1145.

Full text

Abstract:

This study aims to analyze the reconstruction of pharmacy licensing in Indonesia based on the general principles of good governance to achieve legal certainty. The focus of the study is the implementation of the Minister of Health Regulation Number 14 of 2021 concerning Standards for Business Activities and Products in the Implementation of Risk-Based Business Licensing in the Health Sector and its impact on local regulations such as the Banjar Regent Regulation and the Decree of the Head of the Bogor Regency Health Office. This study found that although the regulation was designed to standard

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!