Journal articles: 'Retentionist'

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Sattler, Mildred, Noreen Bernard, and Theresa Morrison. "The Magical Role of a Nurse Retentionist." Nurse Leader 19, no. 3 (June 2021): 300–304. http://dx.doi.org/10.1016/j.mnl.2021.01.002.

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Hakim, Muhammad Andy, and Joko Setiyono. "INDONESIAN DEATH PENALTY: SEEN FROM THE CONCEPT BASED ON HUMAN RIGHTS." Diponegoro Law Review 5, no. 2 (October 30, 2020): 188–99. http://dx.doi.org/10.14710/dilrev.5.2.2020.188-199.

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In the case of death penalty, Indonesia is a retentionist state of death penalty. It is evidenced through the regulation such as The Act Number 35 year 2009 on narcotics, The Act Number 1 year 1946 on criminal law regulation, The Act Number 31 year 1999 Jo The Act number 20 year 2001 about corruption and so on. Although Indonesia belongs to a retentionist country against death penalty, in the implementation remains in accordance with human rights. It was evidenced by ratifying international treaties relating to human rights and having legislation on human rights.

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Holmes, Billy. "Secretive Symbolism? The Death Penalty, Executions, and Japan." Criminal Law Forum 31, no. 4 (August 26, 2020): 579–601. http://dx.doi.org/10.1007/s10609-020-09402-0.

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AbstractThe importance of analysing the death penalty and state-imposed executions is derived from their concerning the right to life, and their retaining wide-spread support throughout retentionist, abolitionist de facto, and abolitionist states worldwide. Discrepancies in the execution rates of retentionist states appear reducible to their serving symbolic or pragmatic functions i.e. they are used primarily to validate public opinion or primarily to deter crime. Prima facie, Japan seems akin to a symbolic state, due to its low execution rate and its official justification for both retaining the death penalty and continuing to use executions i.e. doing otherwise would be undemocratic. However, the practices that surround executions in Japan shroud them in secrecy and silence, which appears at odds with both its apparent symbolic function and this justification. This makes Japan a uniquely important case study for research on practices surrounding executions. Understanding why this contradiction exists will entail a more nuanced understanding of the ways in which the death penalty, executions, and the practices surrounding them, can function in retentionist states. This essay aids such understanding by critically analysing this official justification and various other arguments for why this might be the case and advancing an alternative explanation.

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Cho, Kuk. "Death Penalty in Korea: From Unofficial Moratorium to Abolition?" Asian Journal of Comparative Law 3 (2008): 1–28. http://dx.doi.org/10.1017/s2194607800000120.

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AbstractThe death penalty is one of the most contentious issues in Korea. In contrast to other Asian countries, the issue of whether the death penalty should be abolished has been actively debated and reviewed at governmental levels and in civil society. It is important to note that it is not just civic organizations that have begun to favor abolition of the death penalty but also state organizations including the National Assembly and the National Human Rights Commission. The Constitutional Court has invalidated some disproportionate provisions in relation to the death penalty. Since President Kim Dae-Jung took office in February 1998, there has been an “unofficial moratorium” on executions.This article provides an overview of the legal regime governing the death penalty and the ongoing debate on the death penalty in Korea. It begins by briefly reviewing international treaties that call for the abolition of the death penalty, contrasting them with the retentionist trend in most Asian countries. It then reviews the major decisions of the Korean Supreme Court and the Korean Constitutional Court. It also discusses recent moves in the National Assembly and the National Human Rights Commission to abolish the death penalty. It suggests that the Korean death penalty debate has potentially significant implications for its retentionist Asian neighbours grappling with similar issues.

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Salam, Abdul Jalil, and Zahlul Pasha Karim. "Death Penalty in Indonesia: Revisiting the Debate Between the Retentionist and the Abolitionist." Lentera Hukum 8, no. 1 (April 24, 2021): 115. http://dx.doi.org/10.19184/ejlh.v8i1.20138.

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Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law. KEYWORDS: Death Penalty, Criminal Law, Right to Life, Indonesian Law.

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Malkani, Bharat. "THE OBLIGATION TO REFRAIN FROM ASSISTING THE USE OF THE DEATH PENALTY." International and Comparative Law Quarterly 62, no. 3 (July 2013): 523–56. http://dx.doi.org/10.1017/s0020589313000134.

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AbstractIn this paper, I assert that the prohibition on the death penalty brings with it an obligation on abolitionist States to refrain from assisting the use of the death penalty in retentionist States. By considering the law on complicity and State responsibility, the obligation to protect under international human rights law, and the practice of States, I argue that although there are jurisdictional issues and although the death penalty is not prohibited under general international law, an obligation to refrain from being complicit in the death penalty is developing in international law.

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Burns, Adam D. "Retentionist in Chief: William Howard Taft and the Question of Philippine Independence, 1912-1916." Philippine Studies: Historical and Ethnographic Viewpoints 61, no. 2 (2013): 163–92. http://dx.doi.org/10.1353/phs.2013.0009.

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Yamamoto, Lilian. "Os desafios para a eliminação da pena de morte no Japão." Estudos Japoneses, no. 35 (March 7, 2015): 44–57. http://dx.doi.org/10.11606/issn.2447-7125.v0i35p44-57.

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Death penalty has been present in most part of Japanese history. In the opposite direction of the majority of the developed countries, there is not any short-medium term perspective it will be abolished from the Japanese penal system. This article intends to investigate what are the reasons for the predominance of its favorable position and its retention, in special, the public opinion and governmental politics. Before that, it will analyze the evolution of its execution methods, a discussion of its constitutionality, as well as its retentionist reasonings. Eventually, it aims to demonstrate that the public opinion polls can generate results according to the interests of those who carry them out.

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Mukherjee, Amrita. "The ICCPR as a ‘Living Instrument’: The Death Penalty as Cruel, Inhuman and Degrading Treatment." Journal of Criminal Law 68, no. 6 (November 2004): 507–19. http://dx.doi.org/10.1350/jcla.68.6.507.54143.

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This article examines the recent views of the UN Human Rights Committee on the issues related to the death penalty. Obligations under Articles 6 (the right to life) and 7 (the right not to be subjected to torture or other, cruel, inhuman and degrading treatment or punishment) are correlated. Despite widely divergent opinions within the Committee on the issue, this human rights body is moving towards strengthening the obligations of abolitionist states and, in so doing, restricting the availability of the sanction for retentionist states. This is consistent with the object and purposes approach and the nature of the ICCPR as a living instrument.

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Pascoe, Daniel, and Michelle Miao. "VICTIM–PERPETRATOR RECONCILIATION AGREEMENTS:WHAT CAN MUSLIM-MAJORITY JURISDICTIONS AND THE PRC LEARN FROM EACH OTHER?" International and Comparative Law Quarterly 66, no. 4 (October 2017): 963–89. http://dx.doi.org/10.1017/s0020589317000409.

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AbstractAs States that use the death penalty liberally in a world that increasingly favours abolition, the Muslim-majority jurisdictions that are strict exponents of Islamic law and the People's Republic of China share a crucial commonality: their frequent use of victim–perpetrator reconciliation agreements to remove convicted murderers from the threat of execution. In both cases, rather than a prisoner's last chance at escaping execution being recourse to executive clemency, victim–perpetrator reconciliation agreements fulfil largely the same purpose, together with providing means of compensating victims for economic loss, and enabling the State concerned to reduce execution numbers without formally limiting the death penalty's scope in law. Utilizing the functionalist approach of comparative law methodology, this article compares the 13 death penalty retentionist nations that have incorporated Islamic law principles into their positive criminal law with the People's Republic of China, as to the functions underpinning victim–perpetrator reconciliation agreements in death penalty cases.

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11

Marks, P. "The ethics of art dealing." International Journal of Cultural Property 7, no. 1 (January 1998): 116–27. http://dx.doi.org/10.1017/s0940739198770109.

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The ethics of dealing in antiquities may be discussed in two parts: first, the ethical standards that govern the trade and its relation to clients, and second, the new legal standards that affect dealers and collectors arising from political ambitions in the international relations between source and market nations. Friction between these competing interests began with the ratification of the UNESCO Convention in 1972 and the passage of the Cultural Property Implementation Act in 1983. Unrealistic political approaches to the illicit trade in antiquities have exacerbated rather than solved the problem. A resolution of the conflicts, contradictions, and ambiguities of the present situation can be achieved by stressing the safety of objects and archaeological sites over partisan goals. A satisfactory denouement can be achieved through a partnership between source countries and the market, through an abandonment of retentionist export controls, and through the establishment of an open, free, and rational coalition. Any solution to present difficulties ought to acknowledge the value of continuing to collect and preserve antiquities in private and public collections.

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12

Pietsch, Lukas. "Hiberno-English medial-object perfects reconsidered." Studies in Language 33, no. 3 (July 23, 2009): 528–68. http://dx.doi.org/10.1075/sl.33.3.02pie.

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Perfects of the type I have my dinner eaten are a well-known feature of Irish English dialects. They can be linked to a functionally similar construction in Irish, of the type tá mo dhinneár ite agam (literally “is my dinner eaten at-me”), but also to earlier constructions in Standard English. The issue has sometimes been treated as a competition between two seemingly mutually exclusive explanations, a “substrate” and a “retentionist” hypothesis. This dichotomy can be overcome on the basis of a model of “contact-induced grammaticalisation” (Heine/Kuteva 2005): an existing source structure in the receiving language (English) expands along normal paths, but under a triggering effect of a contact language (Irish), ultimately leading to an apparent duplication of a foreign model. Empirical data comes from historical 18th/19th century corpus material. It provides evidence about the chronology and sociolinguistic setting in which the relevant changes took place. It supports a scenario where both Irish-English bilingualism and exposure to the English source constructions played crucial roles.

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Adinkrah, Mensah, and William M. Clemens. "To Reinstate or to Not Reinstate? An Exploratory Study of Student Perspectives on the Death Penalty in Michigan." International Journal of Offender Therapy and Comparative Criminology 62, no. 1 (April 15, 2016): 229–52. http://dx.doi.org/10.1177/0306624x16643743.

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The U.S. state of Michigan abolished the death penalty in 1846. Since then, several abortive efforts have been made by state legislators to re-establish the death sentence to deal with convicted murderers. Concurrently, some support exists among Michigan residents for the restoration of capital punishment in the state. This article presents the results of the analysis of an attitudinal survey of 116 college students enrolled in three criminal justice courses in a Michigan public university concerning the reinstatement of the death sentence in the state. The data from this exploratory study show that a slight majority (52.6%) of respondents favored reinstatement whereas 45.7% opposed restoration. Advocates and opponents of re-establishment of the death penalty in Michigan provided similar religious, moral and economic arguments proffered by others in previous surveys on capital punishment available in the death penalty literature. The current study makes a contribution to the scant extant literature on attitudes toward the death penalty in abolitionist jurisdictions. As this body of literature grows, it can provide baseline data or information with which to compare attitudes in retentionist states.

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Jou, Susyan, and Bill Hebenton. "Support for the Death Penalty in Taiwan?: a Study of Value Conflict and Ambivalence." Asian Journal of Criminology 15, no. 2 (December 1, 2019): 163–83. http://dx.doi.org/10.1007/s11417-019-09305-z.

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AbstractWhile a substantial number of studies have examined public opinion on the death penalty in the USA, and more recently parts of Asia, including China, very few empirical studies have considered support for the death penalty in Taiwan. This paper examines public attitudes in Taiwan and the role of ‘value conflict’ in attitudes to both death penalty abolition and in the context of alternatives. Using the results of 1016 respondents drawn from a national face-to-face sample (n = 2039) survey conducted by the Taiwan Alliance to End the Death Penalty (TAEDP) in 2014, we demonstrate that public attitudes in Taiwan are simultaneously committed to many underlying values in conflict. The results also indicate that value conflict exists among the majority of the sample (more than 60 per cent) who are prepared to accept alternatives to abolition, and whom we can describe as ambivalent. Recognition of value conflict, ambivalence and the moral psychology underpinning public attitudes to the death penalty is essential, not only conceptually but to allow for a more appropriate and nuanced understanding of the abolitionist/retentionist debate.

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15

Seet, Matthew. "Finding Reprieve: Should the Global Movement Against Capital Punishment Embrace China’s Suspended Death Sentence As a Model for Other Retentionist States to Emulate?" Chinese Journal of International Law 16, no. 3 (September 1, 2017): 453–74. http://dx.doi.org/10.1093/chinesejil/jmx027.

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16

Scott, David A. "Modern Antiquities: The Looted and the Faked." International Journal of Cultural Property 20, no. 1 (February 2013): 49–75. http://dx.doi.org/10.1017/s0940739112000471.

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AbstractThis article discusses some of the issues regarding the acquisition of art and the different philosophical views of some of the main protagonists regarding the reclaiming of art by nation-states, following American museums' acceptance of the 1970 UNESCO Convention, using examples from the Getty Museum and the Metropolitan Museum of Art. The mediation of Native American Graves Protection and Repatriation Act (NAGPRA) claims by conservators is often an important component of the dialogue between museums and native communities. The philosophical and art-historical opinions regarding the value of copies and reproductions of works of art have oscillated from promulgation in the 1860s to outright rejection by the 1920s. In a modernist sense, points of view are once again open to reevaluation as host nations demand back more originals than ever before. Arguments against the claims of nationalist-retentionist countries and those advanced in favor of the claims of nation-states regarding the repatriation of their art are discussed. The problems created by looted art in association with the ever-increasing number of fakes is highlighted, with examples of the issues surrounding pre-Columbian art and some classical antiquities. The utility of copies in relation to the protective value of the authentic piece is discussed in the context of museum examples in which the concept of the utilization of copies for museum display has been accepted in certain cases as desirable.

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17

Weyembergh, Anne, and Irene Wieczorek. "Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement." New Journal of European Criminal Law 11, no. 4 (July 23, 2020): 439–66. http://dx.doi.org/10.1177/2032284420938140.

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The article takes the European Union (EU)-Japan Mutual Legal Assistance (MLA) Agreement as a case study to analyse the EU success in pursuing its art 3(5) TEU mandate of upholding and promoting its values and interests; and to what extent the EU effectively relied on norm diffusion to this aim. The EU has arguably been, at least partially, successful in exporting its legal standards on ‘improved judicial cooperation’ in the text of the Agreement, especially a legal basis for acquiring testimony via videoconference, whereby to uphold its interest into security; and in including clauses allowing it to uphold its values of respect of fundamental rights. In particular, in having clause allowing the EU to refuse assistance if death penalty is involved, the EU arguably not only acted as a norm exporter, but it also set a new international legal standard, through which it also hoped to promote its values by triggering a change in Japan’s retentionist policy. An analysis of 10 years of implementation of the Agreement shows, however, a more nuanced picture, highlighting the importance to look at both the norm emergence and the norm socialisation phase when assessing the success of the EU as a norm exporter. The institutionalisation of EU-Japan MLA cooperation through the conclusion of the agreement has triggered a stark increase in volume and speed of cases, contributing to higher security. However, legal, practical and cultural factors hinder the implementation in practice of EU legal standards on acquisition of evidence and the promotion of the EU abolitionist agenda.

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18

Donovan, James M. "Public Opinion and the French Capital Punishment Debate of 1908." Law and History Review 32, no. 3 (June 26, 2014): 575–609. http://dx.doi.org/10.1017/s0738248014000236.

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Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death penalty. The reason why the United States has retained capital punishment after it has been abolished in other Western nations is not because public opinion is more supportive of the death penalty in America than in Europe or in Canada. Rather, it is because popular control over the justice system is greater in the United States than in other countries and this strengthens the influence of America's retentionist majority. However, the experience of the United States in this regard has not been unique. The same link between democratic control and retention of the death penalty can be seen in the history of the effort to abolish capital punishment in France. In 1908, a bill in the Chamber of Deputies (the lower house of the French Parliament) to abolish capital punishment was defeated, in large part because of strong opposition from the public. In 1981, majority public opinion in France still favored retention of the death penalty, but in that year, the nation's Parliament defied popular sentiment and outlawed the ultimate punishment. Historians have so far provided little insight into why abolition succeeded in 1981 when it failed in 1908. The explanation for the different outcome appears to have been the greater degree of influence public opinion exerted over the nation's justice system at the turn of the twentieth century than at its end.

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Oliveira, Letícia, Marcia Dias, Sérgio Martins, Jorge Haddad, Manoel Girão, and Rodrigo Castro. "Surgical Treatment for Stress Urinary Incontinence in Women: A Systematic Review and Meta-analysis." Revista Brasileira de Ginecologia e Obstetrícia / RBGO Gynecology and Obstetrics 40, no. 08 (August 2018): 477–90. http://dx.doi.org/10.1055/s-0038-1667184.

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Objective To compare surgical treatments for stress urinary incontinence in terms of efficiency and complications. Data Sources We searched the MEDLINE and COCHRANE databases using the terms stress urinary incontinence, surgical treatment for stress urinary incontinence and sling. Selection of Studies Forty-eight studies were selected, which amounted to a total of 6,881 patients with scores equal to or higher than 3 in the Jadad scale. Data Collection Each study was read by one of the authors, added to a standardized table and checked by a second author. We extracted data on intervention details, follow-up time, the results of treatment and adverse events. Data Synthesis Comparing retropubic versus transobturator slings, the former was superior for both objective (odds ratio [OR], 1.27; 95% confidence interval [CI], 1.05–1.54) and subjective (OR, 1.23; 95% CI, 1.02–1.48) cures. Between minislings versus other slings, there was a difference favoring other slings for subjective cure (OR, 0.58; 95% CI, 0.39–0.86). Between pubovaginal sling versus Burch surgery, there was a difference for both objective (OR, 2.04; 95% CI, 1.50–2.77) and subjective (OR, 1.64; 95% CI, 1.10–2.44) cures, favoring pubovaginal sling. There was no difference in the groups: midurethral slings versus Burch, pubovaginal sling versus midurethral slings, transobturator slings, minislings versus other slings (objective cure). Retropubic and pubovaginal slings are more retentionist. Retropubic slings have more bladder perforation, and transobturator slings, more leg and groin pain, neurological lesion and vaginal perforation. Conclusion Pubovaginal slings are superior to Burch colposuspension surgery but exhibit more retention. Retropubic slings are superior to transobturator slings, with more adverse events. Other slings are superior to minislings in the subjective aspect. There was no difference in the comparisons between midurethral slings versus Burch colposuspension surgery, pubovaginal versus midurethral slings, and inside-out versus outside-in transobturator slings.

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20

Walker, Elaine M., and Serge Madhere. "Multiple Retentions." Urban Education 22, no. 1 (April 1987): 85–102. http://dx.doi.org/10.1177/004208598702200106.

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21

Kelly, Patrick. "'Monkey' Business." Locke Studies 9 (December 31, 2009): 139–65. http://dx.doi.org/10.5206/ls.2009.909.

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The publication of the ‘College’ letters in Esmond de Beer’s magnificent edition of Locke’s correspondence cast important new light on how William III’s government came to adopt the plan for the Great Recoinage of 1696—involvement with which had long been regarded as the philosopher’s most significant foray into practical politics. These letters, written by John Freke on behalf of Locke’s friend Edward Clarke (one of the Junto Whig managers in the Commons), in the course of the fifteen months from the setting up of a committee for the reform of the coinage in January 1694/5 to the end of March 1696, transformed the picture of how the ministry reached its decision on recoinage. They revealed serious divisions between Locke’s patron, the Lord Keeper, Sir John Somers, and Charles Montague, the Chancellor of the Exchequer, over how to implement the recoinage. These related not only to the question whether to maintain the existing sterling silver standard of 5s. 2d. per ounce, or devalue, but also to the terms and timing of withdrawing the clipped coin which by late 1695 constituted the bulk of the circulating medium and whose increasing unacceptability threatened public confidence in the currency. This more complex narrative replaced the long dominant view (classically formulated by Macaulay) of harmonious co-operation between Montague and Somers and their advisers Locke and Newton, already challenged by Ming-Hsun Li’s revelation in 1940 that Newton had actually recommended devaluation. The new interpretation, advanced in de Beer’s notes to the Locke Correspondence and elaborated in my introduction to Locke on Money, depended on the identification of the politician termed ‘the Monkey’ in the ‘College’ correspondence as Charles Montague. Together with other evidence, the ‘College’s’ cryptic references to the Monkey suggested that despite sponsoring the legislation for carrying out the 1696 Recoinage on retentionist principles, Montague had personally favoured a policy of devaluation. And that he subsequently attempted, in association with the rest of the Treasury Commission, to force through a devaluation of silver in February and March 1696 by retaining a high value for guineas, a move that ultimately proved unsuccessful.

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Sumner, Michael. "Corporate Retentions and Consumers' Expenditure." Manchester School 72, no. 1 (January 2004): 119–30. http://dx.doi.org/10.1111/j.1467-9957.2004.00383.x.

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Cai, Jun, and Ken Seng Tan. "Optimal Retention for a Stop-loss Reinsurance Under the VaR and CTE Risk Measures." ASTIN Bulletin 37, no. 01 (May 2007): 93–112. http://dx.doi.org/10.2143/ast.37.1.2020800.

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We propose practical solutions for the determination of optimal retentions in a stop-loss reinsurance. We develop two new optimization criteria for deriving the optimal retentions by, respectively, minimizing the value-at-risk (VaR) and the conditional tail expectation (CTE) of the total risks of an insurer. We establish necessary and sufficient conditions for the existence of the optimal retentions for two risk models: individual risk model and collective risk model. The resulting optimal solution of our optimization criterion has several important characteristics: (i) the optimal retention has a very simple analytic form; (ii) the optimal retention depends only on the assumed loss distribution and the reinsurer’s safety loading factor; (iii) the CTE criterion is more applicable than the VaR criterion in the sense that the optimal condition for the former is less restrictive than the latter; (iv) if optimal solutions exist, then both VaR- and CTE-based optimization criteria yield the same optimal retentions. In terms of applications, we extend the results to the individual risk models with dependent risks and use multivariate phase type distribution, multivariate Pareto distribution and multivariate Bernoulli distribution to illustrate the effect of dependence on optimal retentions. We also use the compound Poisson distribution and the compound negative binomial distribution to illustrate the optimal retentions in a collective risk model.

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Cai, Jun, and Ken Seng Tan. "Optimal Retention for a Stop-loss Reinsurance Under the VaR and CTE Risk Measures." ASTIN Bulletin 37, no. 1 (May 2007): 93–112. http://dx.doi.org/10.1017/s0515036100014756.

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We propose practical solutions for the determination of optimal retentions in a stop-loss reinsurance. We develop two new optimization criteria for deriving the optimal retentions by, respectively, minimizing the value-at-risk (VaR) and the conditional tail expectation (CTE) of the total risks of an insurer. We establish necessary and sufficient conditions for the existence of the optimal retentions for two risk models: individual risk model and collective risk model. The resulting optimal solution of our optimization criterion has several important characteristics: (i) the optimal retention has a very simple analytic form; (ii) the optimal retention depends only on the assumed loss distribution and the reinsurer’s safety loading factor; (iii) the CTE criterion is more applicable than the VaR criterion in the sense that the optimal condition for the former is less restrictive than the latter; (iv) if optimal solutions exist, then both VaR- and CTE-based optimization criteria yield the same optimal retentions. In terms of applications, we extend the results to the individual risk models with dependent risks and use multivariate phase type distribution, multivariate Pareto distribution and multivariate Bernoulli distribution to illustrate the effect of dependence on optimal retentions. We also use the compound Poisson distribution and the compound negative binomial distribution to illustrate the optimal retentions in a collective risk model.

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Susanto, Mei, and Ajie Ramdan. "KEBIJAKAN MODERASI PIDANA MATI." Jurnal Yudisial 10, no. 2 (September 12, 2017): 193. http://dx.doi.org/10.29123/jy.v10i2.138.

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ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

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Stiegler, Bernard. "Hades as an accumulation of tertiary retentions." Philosophy of Photography 8, no. 1 (October 1, 2017): 9–16. http://dx.doi.org/10.1386/pop.8.1-2.9_1.

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Postel, Stefanie, Gerd Spalding, Morfula Chirnside, and Matthias Wessling. "On negative retentions in organic solvent nanofiltration." Journal of Membrane Science 447 (November 2013): 57–65. http://dx.doi.org/10.1016/j.memsci.2013.06.009.

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Wollrab, Adalbert, and Harald Schütz. "Der Retentions-Index in der Gaschromatographie I." Pharmazie in unserer Zeit 17, no. 3 (1988): 65–70. http://dx.doi.org/10.1002/pauz.19880170302.

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Van der Bruggen, B., K. Everaert, D. Wilms, and C. Vandecasteele. "The use of nanofiltration for the removal of pesticides from groundwater: an evaluation." Water Supply 1, no. 2 (March 1, 2001): 99–106. http://dx.doi.org/10.2166/ws.2001.0026.

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This study explores the combined removal of four pesticides (atrazine, simazine, diuron, isoproturon) and hardness from groundwater with nanofiltration (NF). Four NF membranes were used: NF45 and NF70 (Dow/FilmTec), and UTC-20 and UTC-60 (Toray Ind. Inc.). Each pesticide was added to groundwater samples in a concentration of 1 μg/l, representative for contaminated sources. For the determination of pesticides in such low concentrations, an analytical method using solid-phase extraction and high performance liquid chromatography was elaborated. The retentions with NF were compared and explained by means of molecular size and dipole moment. Molecular size, expressed as an effective diameter representing the projection of the molecule on the membrane surface, was calculated by determining the energetically most favourable molecular configuration. The largest molecules had the highest retentions, when all other properties are comparable. A high dipole moment decreases retentions because of charge interactions with the membrane. The hardness retentions were high. For drinking water production, it might be necessary to add hardness after filtration. The groundwater flux was approximately 5% lower compared to the distilled water flux. This relatively small flux decline indicates pore blocking due to adsorption in the membrane pores. The flux decline was proved reversible; no membrane fouling occurred.

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Thompson, J. K., A. L. Gelman, and J. R. Weddell. "Mineral retentions and body composition of grazing lambs." Animal Science 46, no. 1 (February 1988): 53–62. http://dx.doi.org/10.1017/s000335610000310x.

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ABSTRACTGrowth rates and chemical compositions were measured with ram lambs grazing pure stands of perennial ryegrass, timothy, cocksfoot and tall fescue. A group of lambs slaughtered at the start of the trial enabled estimates to be made of the live-weight gains over the summer and the composition of these gains. The composition of the grass was also measured in samples taken at weekly intervals and estimates were made of the nutrients consumed from the different grass plots.The quantities of ash, Ca, P and Mg in the empty bodies of the lambs were within the range of published values from similar studies. They support the contention that grass-fed lambs tend to have larger contents of ash, Ca and P in their empty bodies than concentrate-fed lambs of similar weight. Perennial ryegrass provided a superior diet in that lambs eating this grass grew more quickly, with leaner tissues and higher levels of ash, Ca and P in their empty-body gains. Lambs consuming tall fescue grew most slowly but their mineral contents were as large as the ryegrass-fed lambs when data were adjusted for differences in empty-body weight. Lambs fed on timothy or cocksfoot were the most poorly mineralized in spite of consuming considerably more Ca, P and Mg than the lambs on ryegrass. The data suggest that the efficiencies of absorption of Ca and P in ryegrass may be high, at about 0·64 for Ca and 0·71 for P.

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Zecchin, Marco. "Calculation of the maximum retentions in XL reinsurance." Insurance: Mathematics and Economics 6, no. 3 (July 1987): 169–78. http://dx.doi.org/10.1016/0167-6687(87)90010-2.

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Liang, X., W. Wang, W. Wu, K. W. Schramm, B. Henkelmann, K. Oxynos, and A. Kettrup. "Prediction of the retentions of polybrominated dibenzo-p-dioxins (PBDDs) by using the retentions of polychlorinated dibenzo-p-dioxins (PCDDs)." Chemosphere 41, no. 6 (May 2000): 917–21. http://dx.doi.org/10.1016/s0045-6535(99)00468-3.

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Jang, Jong-Hag. "An Empirical Analysis of the Property Catastrophe Reinsurance." International Business Research 11, no. 1 (December 19, 2017): 170. http://dx.doi.org/10.5539/ibr.v11n1p170.

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Following a series of costly catastrophes, including Hurricane Harvey and Hurricane Irma in 2017 and the Sichuan Earthquake in 2017, the purchase of property catastrophe reinsurance has become a major topic of debate. Many techniques for selecting an optimal retention and upper limit level have been proposed, but no entirely satisfactory method has been devised. Therefore, in practice, the setting of retentions and upper limits is still more a matter of judgment than science. In this study, we examine the determinants of property catastrophe excess-of-loss reinsurance retentions and limits for property-liability insurance companies in the U.S. insurance industry. A cross-sectional model is estimated using two-stage least squares regression. The regression analysis shows that most coefficients have the hypothesized signs and are significant. This study is the first research that provides clear evidence to support the relationship among retentions, upper limits, and co-reinsurance rates.

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Whiteley, J. P., D. J. Gavaghan, and C. E. W. Hahn. "A tidal breathing model for the multiple inert gas elimination technique." Journal of Applied Physiology 87, no. 1 (July 1, 1999): 161–69. http://dx.doi.org/10.1152/jappl.1999.87.1.161.

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The tidal breathing lung model described for the sine-wave technique (D. J. Gavaghan and C. E. W. Hahn. Respir. Physiol. 106: 209–221, 1996) is generalized to continuous ventilation-perfusion and ventilation-volume distributions. This tidal breathing model is then applied to the multiple inert gas elimination technique (P. D. Wagner, H. A. Saltzman, and J. B. West. J. Appl. Physiol. 36: 588–599, 1974). The conservation of mass equations are solved, and it is shown that 1) retentions vary considerably over the course of a breath, 2) the retentions are dependent on alveolar volume, and 3) the retentions depend only weakly on the width of the ventilation-volume distribution. Simulated experimental data with a unimodal ventilation-perfusion distribution are inserted into the parameter recovery model for a lung with 1 or 2 alveolar compartments and for a lung with 50 compartments. The parameters recovered using both models are dependent on the time interval over which the blood sample is taken. For best results, the blood sample should be drawn over several breath cycles.

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Pelourde, Chloé, Raoul Bationo, Marie-José Boileau, Jacques Colat-Parros, and Fabienne Jordana. "Monomer release from orthodontic retentions: An in vitro study." American Journal of Orthodontics and Dentofacial Orthopedics 153, no. 2 (February 2018): 248–54. http://dx.doi.org/10.1016/j.ajodo.2017.06.021.

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36

Pendleton, Andrew. "Sellers or keepers? Stock retentions in stock option plans." Human Resource Management 44, no. 3 (2005): 319–36. http://dx.doi.org/10.1002/hrm.20073.

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Hashimoto, Masaya, Yusuke Kuramochi, Sayumi Ito, Yuho Kinbara, and Akiharu Satake. "Metal-templated synthesis of rigid and conformationally restricted cyclic bisporphyrins: specific retention times on a cyanopropyl-modified silica gel column." Organic & Biomolecular Chemistry 19, no. 14 (2021): 3159–72. http://dx.doi.org/10.1039/d1ob00088h.

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Xue, Wei, Pierre Kennepohl, and John N. R. Ruddick. "Reacted copper(II) concentrations in earlywood and latewood of micronized copper-treated Canadian softwood species." Holzforschung 69, no. 4 (May 1, 2015): 509–12. http://dx.doi.org/10.1515/hf-2014-0128.

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Abstract Electron paramagnetic resonance was used in conjunction with X-ray fluorescence spectroscopy to quantify total copper and reacted copper retentions in MCQ and MCA treated Canadian red pine sapwood and western hemlock heartwood. Total copper retentions were distinctly different between earlywood and latewood of both softwood species examined. Earlywood of red pine sapwood had higher total copper content than the latewood, while western hemlock heartwood had higher total copper contents in latewood than earlywood. The reacted copper concentrations were similar in earlywood and latewood, reflecting a similar capacity of each to solubilize and complex the reacted copper.

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Dinh, Hung-Cuong, Sun-il Mho, In-Hyeong Yeo, Yongku Kang, and Dong-Wan Kim. "Superior high rate capability of size-controlled LiMnPO4/C nanosheets with preferential orientation." RSC Advances 5, no. 122 (2015): 100709–14. http://dx.doi.org/10.1039/c5ra20865c.

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Liu, Qiang, Dongxue Wang, Xu Yang, Nan Chen, Chunzhong Wang, Xiaofei Bie, Yingjin Wei, Gang Chen, and Fei Du. "Carbon-coated Na3V2(PO4)2F3 nanoparticles embedded in a mesoporous carbon matrix as a potential cathode material for sodium-ion batteries with superior rate capability and long-term cycle life." Journal of Materials Chemistry A 3, no. 43 (2015): 21478–85. http://dx.doi.org/10.1039/c5ta05939a.

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Youssouf, Ouédraogo, Ouattara Seydou, Sawadogo Augustin, Fall Médina, Kaboré W. Aimé Désiré, Béogo Rasmané, and Konsem Tarcissus. "Surgical and Orthodontic Treatment of Dental Retentions: A Case Report." Open Journal of Stomatology 07, no. 11 (2017): 463–68. http://dx.doi.org/10.4236/ojst.2017.711041.

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Vellenga, Eert, and Gun Trägårdh. "Nanofiltration of combined salt and sugar solutions: coupling between retentions." Desalination 120, no. 3 (December 1998): 211–20. http://dx.doi.org/10.1016/s0011-9164(98)00219-7.

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Stuart, James D., and Diana D. Lisi. "Computer simulation of isocratic retentions of alkylketones using gradient data." Journal of Chromatography A 550 (January 1991): 77–86. http://dx.doi.org/10.1016/s0021-9673(01)88532-0.

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44

Seeber, Frank, Julien Limenitakis, and Dominique Soldati-Favre. "Apicomplexan mitochondrial metabolism: a story of gains, losses and retentions." Trends in Parasitology 24, no. 10 (October 2008): 468–78. http://dx.doi.org/10.1016/j.pt.2008.07.004.

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Seybold, Paul G., and Juli Bertrand. "A simple model for the chromatographic retentions of polyhalogenated biphenyls." Analytical Chemistry 65, no. 11 (June 1993): 1631–34. http://dx.doi.org/10.1021/ac00059a024.

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46

Malarbet, J. L. "Calculations of Radionuclide Organ Retentions from ICRP Biokinetic Recycling Models." Radiation Protection Dosimetry 79, no. 1 (October 1, 1998): 379–81. http://dx.doi.org/10.1093/oxfordjournals.rpd.a032431.

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47

Eklund, Johan E. "Q-theory of investment and earnings retentions—evidence from Scandinavia." Empirical Economics 39, no. 3 (November 14, 2009): 793–813. http://dx.doi.org/10.1007/s00181-009-0323-5.

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Wu, Yu Jiao, Chun Ping Yang, and Chang Gui Liu. "Studies on the Aging Resistance of Polypropylene Composites Filled with Mica in High Content." Applied Mechanics and Materials 395-396 (September 2013): 116–20. http://dx.doi.org/10.4028/www.scientific.net/amm.395-396.116.

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PP/mica composites were prepared via melt blending, homemade UV aging box and the constant temperature and humidity aging box were used to study the resistance to aging of the composites, and then the properties were studied by mechanical property test, SEM. Results show that: mica in PP matrix can improve the resistance to UV aging and hygrothermal aging; UVB irradiance within 800h plays a role in improving mechanical properties, the retentions are above 95%; at the beginning of hygrothermal, here are some contributions to tensile strength, the resistance to hygrothermal aging is reducing with the increasing of mica content, when the mica content is 10%, the resistance is best, and the retentions of tensile strength and impact toughness are above 93%.

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Crowley, Terry. "Pere Pionnier and Late Nineteenth-Century Bislama." Journal of Pidgin and Creole Languages 8, no. 2 (January 1, 1993): 207–26. http://dx.doi.org/10.1075/jpcl.8.2.03cro.

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Recent years have seen the questioning of a number of widely held views about the early development of Melanesian Pidgin, with some writers debating Mühlhäusler's claim that many of the characteristic features of modern Tok Pisin represent later, twentieth-century, innovations, rather than retentions from what others would argue was a more modern-looking Melanesian Pidgin spoken in the late nineteenth century. This paper argues in support of the contention that many of the lexical and grammatical features that today seem to suggest that Tok Pisin has innovated relatively recently are in fact older retentions, and that these features were recorded in an important grammatical sketch of Bislama published by Père Pionnier in 1913 on the basis of information that he gathered in the 1890s in Vanuatu.

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Lee, Seung-Su, and Cheol-Min Park. "Facile conversion of waste glass into Li storage materials." Green Chemistry 21, no. 6 (2019): 1439–47. http://dx.doi.org/10.1039/c9gc00042a.

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The Si-based composites prepared by the facile recycling of waste glasses exhibited high reversible capacities and stable capacity retentions, which will be promising candidates for eco-friendly Si-based high-capacity anodes for LIBs.

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Journal articles on the topic 'Retentionist'

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