scholarly journals UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT)

2019 ◽  
Vol 4 (1) ◽  
pp. 330
Author(s):  
Chandra Adi Mauli
Keyword(s):  
Social Behavior ◽  
Symbolic Interaction ◽  
Legal Culture ◽  
Copyright Law ◽  
Theory Approach ◽  
Human Beings ◽  
Mutual Cooperation ◽  
Positive Law ◽  
The Law ◽  
Social Definition

The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.

scholarly journals UNDERSTANDING OF THE BATIK LAWEYAN SOLO CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT)

2019 ◽  
Vol 4 (1) ◽  
pp. 47
Author(s):  
Chandra Adi Mauli
Keyword(s):  
Social Behavior ◽  
Symbolic Interaction ◽  
Legal Culture ◽  
Copyright Law ◽  
Theory Approach ◽  
Human Beings ◽  
Mutual Cooperation ◽  
Positive Law ◽  
The Law ◽  
Social Definition

The focus of the discussion in this study is the First Copyright Law as an embodiment of penetration of the legal culture of Western (capitalist) countries with individualistic nuances as positive law. Secondly, the culture of the laws of the local community where the Copyright Law is applied as a living law in society (Living law). The purpose of this paper is to know and explain not the implementation of the law as a positive law (positive law) in this case what is meant is the Copyright Act, in an Indonesian society and the Batik Laweyan craftsmen in particular, so that it is expected to explain why Copyright Law cannot function optimally in Indonesia which is marked by the many violations or piracy of a copyrighted work. The method in this writing is a qualitative method with the Sociological Research approach, while the paradigm used as the basis is the Paradigm of Social Definition with the aim of understanding social behavior through interpretation by explaining the path of development and its consequences according to its causes. Based on the social definition paradigm, the theory used is interactionism theory, which mainly emphasizes sociopsychological perspectives, the main goal of which is the individual in his personal personality and the interaction between internal opinion and one's emotions with social behavior. With the Symbolic Interaction Theory approach, in this study will be able to further reveal the behavior of certain community groups by interacting with existing social behavior. And also with the Phenomenology Theory is that human action becomes a social relationship if humans give a certain meaning or meaning to their actions, and other human beings also understand their actions as appropriate which means that humans are social beings, so that the awareness of daily life is an absolute magnification. As for the study findings it turns out, the Copyright Act in the application in the Laweyan Batik Craftsman community is in conflict with the Javanese legal culture that promotes harmony between neighbors, ewuhpekeweuh, tepasliro, mutual cooperation. If the law of copyright is strictly enforced, it will result in disturbance of neighborly living conditions. Because most Batik Laweyan craftsmen live next to each other even there is still a kinship, so that when it comes to demanding or monopolizing a work, it will lead to neighboring reluctance. They assume that even the art of batik is their property from the property of their ancestors so that anyone can imitate and make it.

The New Testament, Mosaic Law and Ecclesiastical Law Today

2005 ◽  
Vol 8 (36) ◽  
pp. 60-66
Author(s):  
Anthony Bash
Keyword(s):  
New Testament ◽  
Old Testament ◽  
Natural Law ◽  
Human Beings ◽  
Ecclesiastical Law ◽  
Positive Law ◽  
The New Testament ◽  
The Law ◽  
Mosaic Law ◽  
Common Misconceptions

This article explores the New Testament's critique of Old Testament law, a genus of positive law. It looks at the applicability of that critique to modern ecclesiastical law: The article identifies three common misconceptions about the view of the New Testament concerning Old Testament law, and then sets out what the New Testament does say about Old Testament law, principally from the writings of St Paul. The principles underlying the New Testament's critique are established. The critique is made not on natural law grounds but on pragmatic and utilitarian grounds. The grounds of the critique are (i) the efficacy of the law to achieve its true intent; and (ii) the extent to which human beings exaggerate the usefulness of Old Testament law.

scholarly journals PENEGAKAN HUKUM LEGALISTIK DALAM PERSPEKTIF SOSIOLOGIS

2017 ◽  
Vol 3 (2) ◽  
pp. 216
Author(s):  
Cecep Wiharma
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Culture ◽  
Legal Issues ◽  
Legal Consciousness ◽  
The Rule Of Law ◽  
The Public ◽  
Positive Law ◽  
Law Enforcement Officials ◽  
The Law

The law society's awareness of the factors that strongly holds an important role in the efforts of the law enforcement itself, because it is this persfektif that need to be arranged so that the rule of law in this country can run. The relevance of the rule of law in the perspective of the rule of Justice as part of the legal consciousness of the public, is an alternative effort over mistrust against law enforcement officials of the ruling is positive and which is the mainstream of the view legalistic. When talking about the law in persfektif justice in the area of ethics or morality and does not discuss the legal issues in a sense narrow. How positive law is made, and whether it has made positive law represents the community's sense of fairness, as well as the legal apparatus that this mentality of enforcing the law? The culture of the law society legal culture depends on its members which is influenced by the background of his education, the environment, culture, position, even the interests. Keywords: Law enforcement, Legal Awareness, and Justice

scholarly journals BUDAYA HUKUM DALAM KEBERLAKUAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA PADA PENGRAJIN PERAK DI BALI

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Kadek Julia Mahadewi
Keyword(s):  
Legal Culture ◽  
Copyright Law ◽  
The State ◽  
Work Orientation ◽  
Value System ◽  
Empirical Law ◽  
The Law

The Law No.28 year of 2014 regarding Copyright set about the protection of copyright works,one form of copyright works which is being protected is silver handicrafts.In Bali it is popular for its silver handicrafts which its motif is unique and creative so that the existence of silver handicrafts can penetrate international and domestic market.Silversmiths in Bali in producing works of silver handicrafts,in which they found the problem that they had to face such as the case that fallen upon silversmiths in creating their works as follows,first,there were the products of Balinese silver handicrafts registered its copyright by foreign party.The case was experienced by Desak Nyoman Suarti against Lois Hill the businessman from USA.Second,it is accused toward Balinese silversmith that he copied silver handicraft’s copyright owned by foreign party,it was happening toward Balinese craftsman Ketut Deni Aryasa against John Hardy the owner of PT.Karya Tangan Indah.It certainly harms Balinese silversmiths when the truth is that silver handicrafts can be protected by Copyright Law No.28 year of 2014 in the article of 38.From the issues mentioned above we conducted the research titled: Legal Culture in the Enforceability of the Law No.28 year of 2014 Regarding Copyright of the Balinese Silversmiths. The type of this research belonged to the study of empirical law. The result of research shows that, first, the type of law protection provided by the state towards traditional motifs is in the form of preventive and repressive law protection. Second, legal culture of silversmiths in Bali view traditional motifs as a work substance with work orientation is for a living so that value system being adopted by most silversmiths in Bali is not to register their works into the Copyright system.

scholarly journals Tinjauan Yuridis tentang Rechtvinding (Pemenuhan Hukum) dalam Hukum Perdata Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 77
Author(s):  
Nurmin K Martam
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Human Beings ◽  
Legal Certainty ◽  
Law System ◽  
Legal Development ◽  
Positive Law ◽  
The Law ◽  
Sense Of Justice ◽  
Civil Law System

The law has a function to provide protection to human interests (all human beings without exception). Therefore, the law must be implemented so that human interest can be protected. In practice, the law may proceed normally and peacefully, but there may also be legal violations in practice. In this case the law that has been violated must be enforced. It is through law enforcement that this law becomes a reality. In upholding the law there are three elements that must always be considered: legal certainty (Rechtssicherheit), usefulness (Zweckmassigkeit) and justice (Gerechtigkeit).In the life of society required a legal system to create a harmonious and orderly society life. In fact the law or legislation that is made does not cover all cases that arise in society, making it difficult for law enforcement to complete the case. In the scope of positive law in Indonesia, the principle "that judges should not refuse a case", contained in article 10 paragraph (1) of Law no. 44 Year 2009 on Judicial Power.Constitutional judges and judges are required to explore, follow, and understand the legal values and sense of justice living in society. This is the basis that it is unavoidable that the rechtsvinding process should still be done by the judge in deciding cases not found clearly and firmly in legislation.The approach used in this study is a normative juridical approach, namely by using the theories and opinions of scholars by conducting an analysis of the provisions applicable in positive law of Indonesia.In line with the increasingly dynamic society, it demands a dynamic legal development as well. This is in line with the civil law system itself that is dynamic and not static. The important task of the judge, therefore, is to adapt the law to concrete events in society. If the law can not be judged appropriately according to the words of the law or the law is unclear, then the judge must interpret the law, so that the judge can make a truly fair law decision in accordance with what Which is the purpose and objective of the law, namely the achievement of legal certainty.

scholarly journals PENGUATAN KARAKTER ANAK DALAM KELUARGA DALAM SITUASI PANDEMI COVID-19

2021 ◽  
pp. 77-87
Author(s):  
Lailati Nazula ◽  
Erni Munastiwi
Keyword(s):  
Grounded Theory ◽  
Character Education ◽  
Random Sampling ◽  
Theory Approach ◽  
Human Beings ◽  
Great Opportunity ◽  
Mutual Cooperation ◽  
Process Learning ◽  
The Family ◽  
Grounded Theory Approach

Situasi  pendemi  Covid-19  mengharuskan  orang  untuk  beraktivitas  dari  rumah  termasuk  proses pembelajaran. Pembelajaran dari rumah menjadi peluang besar bagi keluarga untuk memanfaatkan  situasi  ini  sebagai  sarana  penguatan  karakter  anak.  Penguatan  karakter  atau  disebut  juga  pendidikan karakter merupakan hal yang sangat penting agar mencetak manusia yang terpuji, baik  untuk dirinya maupun lingkungannya. Penelitian ini bertujuan untuk mengeksplorasi pemanfaatan  situasi  pandemi  sebagai  sarana  penguatan  karakter  anak  yang  dilakukan  oleh  orang  tua.  Dengan  metode kualitatif, melalui pendekatan grounded theory penelitian ini mengikutsertakan tiga partisipan  yang dipilih secara acak (random sampling). Data dalam penelitian dikumpulkan melalui wawancara  dengan menggunkakan pertanyaan terbuka. Sebelum dilakukan analisis data, terlebih dahulu dilakukan  pengecekan  keabsahan  data  menggunakan  teknik  member  checking,  yang  dilanjutkan  dengan  analisis menggunakan teknik coding. Dari penelitian yang dilakukan ditemukan hasil bahwa situasi  pandemi ini dapat menjadi sarana penguatan karakter anak. Hal ini dilakukan orang tua dengan cara  menciptakan  nilai  mandiri,  tanggung  jawab,  religius,  gotong-royong,  dan  nasionalis  menjadi  momentum  bagi  keluarga  untuk  terlibat  dalam  pendidikan  karakter  dan  membangun  harmonisasi  dengan anak, menjadikan anak belajar pola hidup bersih dan sehat, dan anak berkurang dari aktivitas  lingkungan luar yang kurang bermanfaat.  STRENGTHENING CHILDREN'S CHARACTER IN THE FAMILY IN THE COVID-19  PANDEMIC SITUATION  The  Covid-19  pandemic  situation  requires  people  to  be  active  from  home,  including  the  learning process. Learning from home  is a great opportunity for  families to take  advantage of this  situation as a means of strengthening children's characters. Strengthening character or also called character education is very important in order to produce commendable human beings, both for themselves and their environment. This study aims to explore the use of the pandemic situation as a means  of  strengthening  children's  characters  by  parents.  With  a  qualitative  method,  through  a  grounded  theory approach, this study included three participants who were selected at random (random sampling). The data were collected through interviews using open-ended questions. Prior to data analysis,  the validity of the data was checked using the member checking technique, followed by analysis using  coding techniques. From the research conducted, it was found that this pandemic situation can be a  means  of  strengthening  children's  characters.  This  is  done  by  parents  by  creating  independent,  responsible, religious, mutual cooperation, and nationalist values to become a momentum for families  to be involved in character  education and build harmonization with children,  made  children learn  clean and healthy lifestyles, and reduced from activities outside the environment that are less useful. 

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

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