When an agency relationship is created, it confers on the parties obligations which must be fulfilled by the parties. These obligations do not remain forever as they can come to an end. This can be done under normal circumstances by the act of the parties or by operation of the law and when the conduct of the agent is in contradiction to the mandate agreement as may be the case if the agent is liable for serious misconduct as provided by the OHADA Uniform Act on General Commercial Law. The provisions of the act regarding termination on grounds of serious misconduct is worrisome, as the act talks about termination in such manner only for commercial agents and is silent about the other two types of agents: the broker and the commission agent. The act also, does not tell us what this serious misconduct it mentions by the commercial agent is, nor gives us insights on what constitutes such conduct to warrant termination of the mandate of the agent by the principal. When termination of the agency is done under conditions as such, it has grave consequences on the agent who might not be entitled to certain benefits associated with termination of the contract such as loss of the right to compensatory allowance or indemnity and more importantly may give room to arbitrary or wrongful termination of the mandate of the agent. Through analytical and comparative studies, this paper focuses on termination of the mandate of an agent under the OHADA Uniform Act on General Commercial Law, wherein, the different modes of termination of the mandate of an agent have been discussed, and more specifically makes an attempt in looking at what serious misconduct is and what could amount to such conduct so as to avoid arbitrary or wrongful termination. It is therefore suggested that, statutory guidelines found in other statutes in relation to the subject matter can serve as a lamp light in our context.
This study examines the essential conceptual distinctions between Nietzsche's notion of the Superman and Iqbal's conception of the Perfect Man, two divergent goals of human potential. Nietzsche's Superman, grounded on power, autonomy, and the repudiation of conventional morality, aspires to grandeur via individual supremacy and the transcendence of social norms. Conversely, Iqbal’s Perfect Man is a fusion of heavenly grandeur and beauty, attaining excellence via spiritual self-actualization, ethical integrity, and altruistic service to mankind. Nietzsche’s Superman dismisses metaphysical ideas and flourishes via human will, but Iqbal’s Perfect Man derives power from religion, love, and justice. This contrast highlights a profound philosophical divergence: Nietzsche’s perspective centers on existential power, while Iqbal’s prioritizes spiritual development and collective advancement. The thesis ultimately emphasizes Iqbal’s Perfect Man as a paradigm for harmonious human growth, surpassing Nietzsche’s individualistic ideal.
ORIGINAL RESEARCH ARTICLE | Oct. 2, 2024
Physical Fitness Level of Prospective Students of the Non-Commander Police of the Diy Regional Police in 2022
Muhammad Tatak Yustanto, Hedi Ardiyanto, Wahyu Dwi Yulianto
Page no 241-245 |
DOI: https://doi.org/10.36348/jaspe.2024.v07i10.001
Study this aiming for know level fitness physical chassis NCOs of the Indonesian National Police, DIY Regional Police in 2022. Research This is study description quantitative. Population study This is candidate student The number of NCOs in the Indonesian National Police is 485 people. Sample study This is candidate student The number of NCOs in the Indonesian National Police is 187 people. Instruments study This is test 12 minute run, push up test and sit up test. Analysis technique study This use analysis frequency in form percentage. Results level fitness physical chassis 2022 DIY Regional Police NCOs are in the category Good with consideration average of 64.72. The level of fitness B chassis 2022 Indonesian National Police NCOs from the DIY Regional Police are categorized as Good very as much as 0 people or 0%, either 132 people or 70.59%, enough 56 people or 29.95%, less than 0 people or 0% and less than once 0 people or 0%
The leading environmental risk factor for disease and premature death is pollution, with plastic and dye pollutants being the most common in developing countries. The global textile industry contributes to pollution by releasing contaminated wastewater into water bodies, leading to a decline in water quality. Plastic pollution is a widespread issue affecting various environments, emphasizing the urgent need for a global response to combat the adverse effects of pollution on human health and the environment. Anoxybacillus sp. PDR2 is a soil bacterium possessing natural competence. By nature, it is a thermophile, capable of biodegrading industrial dyes. Pseudomonas sp. B10, Gram-negative bacteria, is a strain capable of degrading Polyethylene Terephthalate (PET) plastic. To detect the genome-level mutations, comparative genomic analysis was performed using a free and open source software, Galaxy. Using five different variant callers (Samtools, Varscan, Freebayes, Sniffles, Ivar), mutations were detected at various loci resulting in the modifications of the genes. The primary goal of this investigation was to perform a comparative analysis of the whole genome sequencing of two bacterial species, along with their reference strains. The purpose was to identify potential solutions for the degradation of plastics and industrial dyes. By examining the genetic composition of these bacteria, this analysis had provided valuable insights into the genetic makeup of these bacteria and their ability to break down PETs and dyes.
Competition law is a tool first employed by countries more than a hundred years ago, to address issues relating to restrictions on competition conducted by private firms. Competition law is still predominantly an instrument to resolve national problems while the dominance of market based economies in the last fifty years, particularly following the collapse of the eastern bloc, in combination with improvements in transport, communications and technology have progressively dismantled national borders and internationalized trade. Against this backdrop, the objective of this paper is to examine the role of stakeholders in the regulation of competition among business enterprises in Cameroon. In carrying out this research, the doctrinal method was engaged, drawing from primary and secondary sources of data. It is therefore, recommended inter alia that, business enterprises should strictly observe and adhere to the mechanisms put in place in ensuring fair competition so as to guarantee a much better level of stability and sustainability in doing business in Cameroon.
Law enforcement of the crime of Pratima theft in Bali does not provide a sense of justice for traditional law communities as victims. In response to this, it is necessary to construct law enforcement for the crime of Pratima theft to achieve a sense of justice, benefit, and legal certainty for the Balinese customary law community. This research method is sociological law (sociological jurisprudence), emphasizing the study of the operation of law in traditional law communities in Bali. The object of the study is the legal facts related to the crime of Pratima theft. Based on the research results, it was found that law enforcement prioritized legal certainty rather than social justice itself. The Balinese traditional law community desires fair and beneficial law enforcement. The provisions on the principle of legality in deciding pratima theft cases in Bali do not prevent the application of laws that exist in society. Judges should also apply customary criminal sanctions, thereby demonstrating that criminal law policies protect customary law communities. In imposing sanctions, the panel of judges is expected to be guided by the harmony of law enforcement objectives, based on local wisdom. The application of the Tri Hita Karana concept as local wisdom in customary criminal sanctions shows that criminal law policy provides a sense of justice and protects customary law communities as victims, and restores harmony in the lives of Balinese customary law communities.
This study examines the interplay between benefit sharing and livelihood improvement within the Bakossi National Park (BNP) within the legal perspective. Traditionally, conservation efforts often placed local communities at odds with protected areas. However, through a doctrinal methodology, this research argues that a well-designed benefit-sharing program can foster collaboration and improve the lives of local communities. By analyzing the BNP as a case study, the research explores how initiatives like revenue sharing from timber exploitation, tourism, employment opportunities within the park, and community driven projects can generate income and empower local communities. The effectiveness of these programs hinges on understanding the specific needs of the communities and ensuring their equitable participation in decision-making processes. Ultimately, this study contends that successful benefit sharing in PAs management, like the BNP, can create a win-win situation, where biodiversity is preserved, and local communities thrive. The work concludes with robust recommendations that if complied with and enforced, it would go a long way to improve on the livelihood of local communities in the Bakossi National Park of Cameroon.
CASE REPORT | Sept. 30, 2024
Optic Atrophy Occurring with Anti‐Tumor Necrosis Factor Alpha Therapy: A Case Report
Salma Zemrani, Bouchra Amine, Imane El Binoune, Samira Rostom, Rachid Bahiri
Page no 211-214 |
DOI: https://doi.org/10.36348/sjpm.2024.v09i09.004
Ocular involvement related to treatment with tumor necrosis factor alpha inhibitors is a rare adverse effect that may lead to irreversible outcomes. We illustrate through this report a case of optic atrophy under Etanercept in a patient with spondyloarthritis. The diagnosis was suspected due to visual acuity impairment, and was confirmed by ophthalmological examination. Although the TNF-blockers were discontinued and corticosteroids were administered, the follow-up examination did not reveal any improvement in visual acuity. This is a potential serious complication of TNF inhibitors that rheumatologists should recognize when monitoring patients with rheumatic diseases.
We report a case of Clostridium limosum lung abscess in a 71-year-old male heart transplant recipient. The patient presented with a week-long history of productive cough and confusion. His medical history included nonischemic dilated cardiomyopathy, chronic renal disease, and past Klebsiella pneumoniae bacteremia, among others. Imaging revealed a thick-walled cavitary lesion in the right lung, initially suspected to be a pulmonary abscess. Lung biopsy culture confirmed the presence of Clostridium limosum, a rare pathogen in humans, typically associated with farm animals. Following six weeks of Piperacillin/Tazobactam treatment, the patient showed significant clinical improvement. This case emphasizes the importance of considering zoonotic pathogens in immunosuppressed patients, especially those with occupational exposure.
ORIGINAL RESEARCH ARTICLE | Sept. 30, 2024
Corrosion Rate Optimization and Prediction for Enhanced Strength and Structural Integrity of Pipeline Weldments Using RSM and ANN
Uwoghiren F. O, Mabiaku T. A
Page no 459-467 |
https://doi.org/10.36348/sjet.2024.v09i09.005
This study investigates the optimization and prediction of non-elastic performance factors required to augment the pipeline weldments' structural integrity and strength. The study's main focus is on the components of the operation, like the welding current, voltage, and gas flow rate to optimize and predict the corrosion rate of the pipeline weldment. Utilizing Design Expert software for experimental design and data analysis, the study employs the Central Composite Design (CCD) methodology to generate a quadratic model that predicts the responses effectively. The research also integrates Artificial Neural Networks (ANN) to further enhance the prediction accuracy. Experimental results indicate that the optimal welding parameters 160 amps current, 21.28 volts voltage, and 14.67 liters/min gas flow rate—yield a corrosion rate of 0.018 mm/yr. The study concludes that both RSM and ANN can be effectively used for optimization and prediction in welding processes, with RSM showing slightly better predictive capabilities.
ORIGINAL RESEARCH ARTICLE | Sept. 30, 2024
Sexual Abuse Among Adolescents (13 to 19 Years) of Boys and Girls in Three Private Schools in Dhaka City, Bangladesh
Abul Bashar, Nusrat Khan, Abul Israt, Abul Khayer, Anik Arafat, Shamima Afroje
Page no 707-712 |
DOI: https://doi.org/10.36348/sjmps.2024.v10i09.011
Background: Sexual abuse in adolescents is a global public health issue with severe physical, psychological, and long-term effects. In Bangladesh, societal stigma, underreporting, and weak legal enforcement further exacerbate the issue. Objectives: The primary objective is to evaluate the prevalence and patterns of sexual abuse among adolescents in three Dhaka schools, with secondary objectives to assess their clinical, demographic, and mental health status. Method and Materials: This cross-sectional study aims to evaluate the prevalence of sexual abuse among 130 adolescents (aged 13-19) from three private schools in Dhaka, selected through purposive sampling. Data will be collected using a pre-tested questionnaire administered by trained research assistants. The data will be analyzed using SPSS and STATA for both descriptive and inferential statistics. Result: The study included 130 adolescents, with boys making up 53.8% and girls 46.2%. The most prevalent form of sexual abuse was verbal abuse, reported by 46.2% of participants, followed by physical touch (30.8%) and online abuse (15.4%). Peers or schoolmates were the primary perpetrators in 38.5% of cases, while 19.2% reported abuse by strangers. Notably, 46.2% of the adolescents did not report the abuse to anyone. Of those who did, 30.8% informed school authorities, and 23.1% confided in their family. Conclusion: Children, particularly girls, are highly vulnerable to sexual abuse due to lack of parental awareness, weak reporting systems, and difficulty in disclosing abuse. Strengthening community vigilance and reporting mechanisms is essential to protect them.
ORIGINAL RESEARCH ARTICLE | Sept. 30, 2024
Budd Chiari syndrome (BCS) and Myeloproliferative Neoplasms (MPN): A Moroccan Experience Center
Y. Jebari, M. Kadiri, F. Chabib, N. Lagdali, M. Borahma, Fz. Ajana
Page no 713-717 |
DOI: https://doi.org/10.36348/sjmps.2024.v10i09.012
Background and Objectives: Budd–Chiari syndrome is a vascular disorder of the liver which can cause fulminant liver injury and lethal portal hypertension-related complications. It is a rare disease and can be primary or secondary. The objective of our work is to detail evolution, treatment of patients with BCS and MPN according to the experience of a Moroccan center. Patients and Methods: This is a retrospective and descriptive study in the university hepato-gastroenterology department including all patients with BCS and MPN with portal hypertension (PH) over a period of 29 years. All our patients benefited from an etiological work-up and morphological explorations. Results: Out of a total 29 patients had BCS, 4 had MPN with a prevalence of 10%. Clinically, the signs of decompensated PH were predominant. Imaging confirmed BCS. The etiological work-up showed that all our patients had essential thrombocytemia. We had also association of other prothrombotic factors in 50 % of cases and a portal thrombosis in 25% of cases. Our patients had received treatment for the causative disease and treatment of thrombosis associated with the treatment of PH complications. The evolution was marked by the death of 2 patients (50%). Conclusion: The strong association between MPN and BCS is well established. The knowledge of the molecular mutations underlying MPN has dramatically improved in the last decade, allowing early diagnosis of MPN in a significant portion of BCS patient.
Background: Various liver disorders require histological assessment for proper diagnosis, staging, treatment, or follow-up. We determine indications and histological outcomes of liver biopsy samples. Materials and Methods: Sixty-two patients were consecutively recruited from four health centers within Sokoto metropolis over a five-year period (March 2019 to February 2023). Fifty one subjects that consented had a liver biopsy done for various indications. The tissues obtained were taken for histopathologic evaluations. Results: In the majority of the subjects, 39 (76.5%) the clinical indications for liver biopsy was Chronic viral Hepatitis infections (CVHI) while 7(13.7%) and 5(9.8) of the subjects had clinical indications of unexplained liver mass and fatty liver disease respectively. In all, fifty one subjects had liver biopsy. Histological outcomes were: Chronic Hepatitis 37 (72.5%), followed by HCC with 6 (11.8%), steatohepatitis 4(7.8%) then one subjects each for steatosis and secondary metastasis to the liver. Among the subjects with histological findings of Chronic Hepatitis majority of them either having mild necroinflammation 13(35.1%) or moderate necroinflammation 14(40.5%). Significant fibrosis was found in over 40% of the patients, with 2(5.6%) having histological conclusion of liver cirrhosis. The degree of inflammation and fibrosis from chronic hepatitis was not statistically significant between genders. Conclusions: Despite advancements made in available facilities in diagnosing liver diseases, tissue still plays a significant role. This is particularly so in regions with hyper- endemicity for CHBVI and low socio-economic standards.
ORIGINAL RESEARCH ARTICLE | Sept. 30, 2024
Legal Protection for the Suspect's Wife in Handling Money Laundering Cases: Evidence from the Indonesian National Narcotics Agency
Sayuti, Irwansyah, Heru Susetyo
Page no 411-414 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i09.010
Money laundering is a stand-alone crime, although money laundering is born from its original crime, such as corruption, but the anti-money laundering regime in almost all countries places money laundering as a crime independent of its original crime. In handling narcotics criminal cases, the suspect's wife is sometimes made a suspect in a money laundering crime. Seeing this, clear restrictions are needed in order to achieve legal certainty, legal protection and justice for wives who are determined to be perpetrators of money laundering crimes. This is qualitative research using a statutory approach, case and conceptual approaches. The primary legal materials resulted from relevant laws and legislation. The legal material collected is analysed prescriptively. The results show that there is a difference in treatment of the perpetrator's wife in almost the same narcotics criminal cases, indicating that investigators in money laundering criminal cases do not yet have standard procedures. Hence, the assessment is based on the investigator's subjectivity. As a special crime, the crime of money laundering requires formulating procedural law that is different from ordinary criminal procedural law.
This study investigated the impact of CEO Shareholding on discretionary accrual of listed firms on the floor of the Nigerian Stock Exchange. The study used the ex-post facto research design. This informed the reliance on secondary data obtained from the published annual reports and accounts of a sample of eighty-six (86) non-finance companies and the sample size was determined via the Taro Yamane Formula. The study employed judgmental sampling technique based on certain criteria. The study employed CEO Shareholding (independent variables) while discretionary accruals via the Modified Jones Model. (Dependent variable) Both descriptive and inferential statistics were employed in the analysis of data. The major findings derived from this study CEO Shareholding insignificantly affect discretionary accrual. The study recommends that share-based option of executive compensation given to top business executives be encouraged as this has the tendency of increasing organizational productivity, efficiency and help reduce dysfunctional behavior among chief executive officers since their investments are also as stake, hence there will be goal congruence and the resultant effect reducing dysfunctional behavior. In addition, this study contributes to knowledge by providing empirical evidence that CEO Shareholding are not prime instigator of discretionary accrual in non –financial sector of Nigeria listed companies and the developed model can be used by researchers in both developed and developing countries.