scholarly journals Pengalihwujudan dalam Kerangka Konsep Hukum Hak Cipta

Humaniora ◽  
2012 ◽  
Vol 3 (1) ◽  
pp. 10
Author(s):  
Besar Besar

Power of human intelligence and reasoning power as God's creation that has such a great ability and accompanied with such advanced technology to create or creation something, make something that is often beyond the limits of existing rules at the level of human life itself. The result of creativity and creations that appear either truly original creation or a form can not be separated from adaptations of copyright law. Copyright laws are made with the intent to regulate and protect the rights, in fact, considered to still have the weakness, therefore this paper tries to lift the adaptations within the framework of copyright law. In this article the author uses qualitative and descriptive methods are based on secondary data. From the results have not been found the regulations or laws that specifically deal about adaptations 

2021 ◽  
Vol 2 (2) ◽  
pp. 435-441
Author(s):  
I Wayan Wahyu Dinata ◽  
I Made Suwitra ◽  
I Nyoman Sutama

Development is a human effort to manage resources to meet needs and improve the welfare of human life itself, as well as in the agricultural sector. Farmers really need the construction of a farm road in order to make it easier for farmers to get to the farm location comfortably and safely. The title of this study is Land Procurement for Agricultural Roads in The Village of Adat Soren District Bebandem Karangasem Regency This study aims to describe the process of land procurement at Soren Traditional Village which is carried out to promote the distribution of agricultural products, community transportation routes, river normalization and religious ceremonies. In addition, it will also review and identify problems that will be faced during the implementation of land procurement for the construction of agricultural commercial roads in Saren Indigenous Village, Bebandem Subdistrict, Karangasem Regency. The method used in this writing is an empirical research method that is equipped with legal methods as well as conceptual methods. The data sources used are primary data sources (interview results) as well as secondary data sources (reading materials from literature research. The results showed that the implementation of land procurement includes planning (determining road to the fields), preparation and implementation (socialization, review, approval, measurement and submission. The problem that arise in the implementation of agricultural land acquisition are based on several factors, including internal factors (including personal interests and development funds) and external factors (including geographical location and natural disasters


2017 ◽  
Author(s):  
Jessica Litman

The general public is used to thinking of copyright (if it thinks of it at all) as marginal and arcane. But copyright is central to our society’s information policy and affects what we can read, view, hear, use, or learn. In 1998 Congress enacted new laws greatly expanding copy owners’ control over individuals’ private uses of their works. The efforts to enforce these new rights laws have resulted in highly publicized legal battles between established media, including major record labels and motion picture studios, and upstart internet companies such as MP3.com and Napster.In this book, I question whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society? My critique exposes the 1998 copyright law as an incoherent patchwork. I argues for reforms that reflect the way people actually behave in their daily digital interactions.The Maize Books edition includes both an afterword written in 2006 exploring the rise of peer-to-peer file sharing and a new Postscript reflecting on the consequences of the Digital Millennium Copyright Act as it nears its twentieth birthday.


1987 ◽  
Vol 13 (2-3) ◽  
pp. 233-248 ◽  
Author(s):  
Ronald E. Cranford ◽  
David Randolph Smith

For the past two decades, the medical profession and society have debated the definition of death. Some reasonable consensus has been reached on this issue, in theory and in practice. In the last few years, however, a far more important debate has been evolving — the definition of human personhood. Human personhood has been discussed extensively in the past with respect to the abortion question and other issues concerning the beginning of life. More recently, however, the definition of personhood has been raised with respect to termination of treatment decisions at the end of life and, in particular, on the appropriate care of patients in a persistent vegetative state.Our major premise is that consciousness is the most critical moral, legal, and constitutional standard, not for human life itself, but for human personhood. There is nothing highly original in our approach to this particular issue; others have advanced similar arguments in recent years.


2021 ◽  
Author(s):  
Koray Güven

Abstract The recent Cofemel judgment of the Court of Justice of the European Union extended the European Union’s (EU) originality criterion (i.e. the author’s own intellectual creation) to the realm of works of applied art. The Court excluded ‘aesthetically significant visual effect’ as a condition of copyright protection. It was condemned as subjective and incompatible with the EU originality criterion. The decision may signal a shift in several national copyright laws, under which requirements relating to ‘aesthetics’ are laid down as a condition to acquire protection. This article will demonstrate that the ‘aesthetics criterion’, as it emerged historically and has been employed in national copyright laws, is associated with a different meaning than it conveys at first glance. The aesthetics criterion designates the elbow room remaining to the author after functional constraints have been taken into account, and thus represents a form of the functionality doctrine in the domain of copyright law. However, to some extent it also excludes – though not uniformly – commonplace designs from the scope of copyright protection. Against this background, this article suggests that the aesthetics criterion can arguably be reconciled with the EU originality criterion. The aesthetics criterion represents a balance struck between the need for copyright protection in the field of applied arts, on the one hand, and competition, on the other. In order not to upset this careful balance, a robust application of the EU originality criterion is advocated, precluding protection not only to functionality, but also to commonplace creations.


2020 ◽  
Vol 2 (3) ◽  
Author(s):  
Yurlis Sartika ◽  
Syamsul Amar

Abstract : This study aims to analyze the factors that influence the demand for fuel oil in Indonesia. The independent variables of this study are: (X1) Economy, (X2) Total Population. The model chosen in this study is the Random Effect Model (REM).            This type of research is descriptive and associative research, the data used in this study are secondary data using panel data techniques during the 2015-2018 period. Documentation data collection techniques obtained from the Central Statistics Agency and BPH Migas. Data were analyzed using the Regression Panel.   The results of this study indicate that: (1) The economy has a positive and significant effect on demand for fuel oil in Indonesia. This means that as the economy increases, the demand for fuel oil in Indonesia also increases. Indonesia's energy consumption is dominated by fossil energy, especially fuel. Final energy consumption consists of various sectors, namely households, industry, transportation, commercial, and others. Energy is very much needed in carrying out Indonesia's economic activities, both for consumption needs and for the production activities of various economic sectors. (2) The population has a positive and significant effect on the demand for fuel oil in Indonesia. This means that the greater the population, the higher the demand for fuel oil in Indonesia. From year to year the population of Indonesia as one of the developing countries in the world continues to experience growth. This growth has had various impacts on aspects of human life. One aspect that is quite affected by the increase in population is the use of energy to support the necessities of life which includes the industrial sector, households, transportation and so forth. The greater the population, the greater the energy used. Keywords : Economy, Population and Panel Regression


2021 ◽  
Vol 6 (2) ◽  
pp. 213-223
Author(s):  
Inge Dwisvimiar ◽  
Andhima Abdul Ghanny

Technological development causes infringement to e-book copyright especially e-novel by copying and distributing it without rights for example that is loaded on the website. In line with that, this study aims at explaining and analyzing the protection of adaptation rights for infringement in the form of e-novels by the website in the perspective of copyright law; and explaining and analyzing the legal consequences of the use of the e-novels by the website on the adaptation rights of the creator. This research uses normative juridical research with the approach to applying the laws of UUHC and the case approach in the form of the infringement of the e-novels on the website in www.corongbaca.com. The primary data taken from interview and the secondary data obtained from library studies. The data analyzed qualitatively and descriptively. The result of the study indicates that protection of the creator's adaptation rights from infringement of e-novels by the website in this case has not been realized because the creator who made the e-novel does not get benefit from the adaptation rights of the novel, namely royalties that are distributed based on an agreement with the website then regarding the legal consequences of using e-novels by websites on the author's adaptation rights, there are two consequences that have been carried out, namely: deletion of website content from www.corongbaca.com, and complaints to the Directorate General of Intellectual Property (DGIP), but there has been no follow up on the complaint. As for claims for compensation and criminal charges, the parties did not do so.


2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Yusno Abdullah Otta

The multidimensional crisis has not yet shown that it will end even causing casualties, not only material victims, but also casualties and the threat of disintegration. So that the assumption and image of most people that Sufism as a teaching that focuses on individual piety and ritual is rejected. Because, Sufism should be an alternative answer to the problematic pluralist society and universal social change. Therefore the research will try to focus on the work of one of the influential figures of Thabathaba Sufism by examining the monumental work of al-Mizan. This research comes from primary and secondary data, the main source of course is al-Mizan's interpretation while indirect work is the work of others about Thabathaba`i thinking. The results of this study are Thabathaba'i who carry out the moderate life of Irfan Tasawuf. For him, spiritual life is not running away from life itself. This expression is addressed to those who practice Irfan radically and conservatively. This phenomenon is emphasized by Thabathaba'i to be reformed. Through some of his works, the interpretation of Al-Mizan, he opened his readers' insight while at the same time straightening out a sad understanding of various things, especially Irfan's life. Keywords:Sufism, al-Mizan, Thabathaba`i, `Irfan, Moderate. Krisis multidimensional belum juga menunjukkan akan berakhir bahkan telah menimbulkan korban, tidak saja korban material, tetapi juga korban jiwa serta ancaman disintegrasi. Sehingga anggapan dan image sebagian besar orang bahwa tasawuf sebagai sebuah ajaran yang menitikberatkan pada kesalehan individual dan ritual tertolak.Sebab, tasawuf seharusnya bisa menjadi jawaban alternatif atas problematika masyarakat yang pluralis dan perubahan sosial secara universal. Oleh karena itu penelitian akan coba fokus membahas karya salah seorang tokoh tasawuf berpengaruh Thabathaba`i dengan mengkaji karya monumentalnya al-Mizan. Penelitian ini bersumber dari data primer dan sekunder, sumber utama tentu tafsir al-Mizan sedangkan karya yang tidak langsung adalah karya orang lain tentang pemikiran Thabathaba`i. Hasil dari penelitian ini adalah Thabathaba`i seorang yang menjalankan kehidupan Irfan Tasawuf yang moderat. Baginya, kehidupan spiritual bukannya melarikan diri dari kehidupan itu sendiri.Ungkapan ini ditujukan kepada mereka yang mempraktekkan Irfan secara radikal dan konservatif.Gejala ini yang ditekankan Thabathaba`i untuk direformasi. Melalui beberapa karyanya, tafsir Al-Mizan, dia membuka wawasan pembacanya sekaligus meluruskan pemahaman yang miris tentang berbagai hal, terutama kehidupan irfan. Kata Kunci:Tasawuf, al-Mizan, Thabathaba`i, `Irfan, Moderat.


2019 ◽  
Vol 1 (4) ◽  
pp. 408-424
Author(s):  
Dwy Purwaningsih

Pragmatic education thought-instrumental is a philosophic point of view that blends with the religious viewpoint of abstract speculation in outlining the education. One of renewing Islamic education is Fazlur Rahman. According to him, the goal of Islamic education are as renewal which is the initial step in the Islamization for all aspects of human life. The study of library (library research) i.e. research sourced from material libraries using a qualitative approach. In this case, the author does exploration of a number of primary data as well as secondary data. The author does an analysis of the concept of Islamic education prespective Fazlur Rahman and relevance against the modern world. The concept of educational thought Fazlur Rahman i.e. the Qur'an as a guide in resolving every problem and the answer and make the human person that are creative, have moral values in accordance with the Qur'an. Whereas, education as an alternative to the secular science by receiving updates and tried to enter it with Islamic concepts as for Islamic education renewal effort started from the educational objectives, educational system, learners, educators and the means of education. The relevance of educational thought on modern world Fazlur Rahman now is integration between religion and discrimination through public education, omission of religion and public education, this has been done wrong by the College namely IAIN with try to follow the thinking of education Fazlur Rahman dare change the State Islamic University (UIN).


2021 ◽  
Author(s):  
◽  
Lida Ayoubi

<p>Reproduction of copyright protected material in formats that are accessible to the blind and visually impaired persons constitutes a copyright infringement unless there are specific limitations and exceptions in place. Most countries do not have copyright limitations and exceptions for the benefit of the visually impaired in their copyright laws. This has contributed to the issue of book famine, meaning the unsatisfactory access to copyright protected material for the blind and visually impaired.  This thesis examines the claims of the visually impaired for improved access to copyright protected works in the context of the interface of human rights and intellectual property rights. This research demonstrates that insufficient access to copyright protected material is discriminatory against the visually impaired and negatively affects their human rights such as the right to education, information, health, employment, culture, and science. Moreover, the thesis analyses the international and domestic copyright law’s impact on the needs of the visually impaired. In analysing the international copyright law, the thesis evaluates the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.  Highlighting the insufficient consideration for the rights of the visually impaired in domestic and international copyright laws including the Marrakesh Treaty, the thesis proposes adoption of a human rights framework for copyright law to the extent that it affects the human rights of the visually impaired. Such framework requires copyright law to accommodate those human rights of the visually impaired that are dependent on access to copyright protected material.  The thesis offers two categories of measures for creation of a human rights framework for copyright to the extent that it affects the human rights of the visually impaired. The measures include optimisation of already available options and adoption of new mechanisms. The first category discusses minimum mandatory copyright limitations and exceptions and the possibility to harmonise them. The second category covers extra measures such as clarifying the implications of different human rights and copyrights in the context of the book famine; ensuring compatibility of human rights and copyright when adopting policy and law; and, regular monitoring of the impact of copyright law on human rights.</p>


2021 ◽  
Vol 1 (2) ◽  
pp. 80-87
Author(s):  
Toji Omonovich Norov ◽  

The universe, the space that make up their basis planets in it, their creation, the main essence of their creation, form, composition, meaning, movements, interactions, their influence on human life and activities, the role of man in the universe and in life on Earth, life, the criteria of activity and processes occurring in time and space have long been of interest to humanity. One of the main problems in the history of philosophy is the question of space and time. This problem was defined in different ways in the great schools of thought by thinkers of different periods. One of these great thinkers is Alisher Navoi. Navoi's works, along with other socio-philosophical themes, uniquely express and analyze the problems of the firmament and time. Its main feature is that it is based on the divine (pantheistic) religion, Islam, its holy book, the Koran and other theological sources, as well as on the secrets of nature and the Universe, the main miracle of Allah - human intelligence, the power of enlightenment, they are the key revealing all these secrets.


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