scholarly journals Pendekatan Pluralisme Hukum dalam Studi Hukum Adat: Interaksi Hukum Adat dengan Hukum Nasional dan Internasional

2021 ◽  
Vol 4 (1) ◽  
pp. 81-124
Author(s):  
Sartika Intaning Pradhani

Scientific study on adat law starts from empirical research, which finds that adat law does not stand alone but works together with other legal orders. This paper is written based on normative legal research by collecting secondary data to answer (1) how legal pluralism explains adat law and adat law community; and (2) how the application of legal pluralism approach in adat law study. The legal pluralism approach explains adat law not as an isolated/marginalized legal order but as a dynamic legal order which interacts with national and international law. From the perspective of legal pluralism, the adat law community is a semi-autonomous social field that produces rules from the interplay between the adat law community and other legal communities/institutions. Categorization of legal pluralism approach application are as follow: first, weak legal pluralism where state law recognizes adat law either by law and regulation or court decision; second, strong legal pluralism which describes through the semi-autonomous social field, shopping forum, and forum shopping concept; third, legal pluralism multi-sited which explain the relationship between legal phenomena in local, national, and international level; and elaborate the role of information, communication, and technology which bridges legal phenomenon from one to another. Abstrak Kajian ilmiah terhadap hukum adat berangkat dari penelitian lapangan yang menemukan bahwa hukum adat tidak pernah berdiri sendiri dan selalu berinteraksi dengan tertib hukum yang lain. Artikel ini ditulis berdasarkan penelitian hukum normatif dengan mengumpulkan data sekunder berupa laporan-laporan penelitian dan artikel jurnal untuk untuk menjawab (1) bagaimana pendekatan pluralisme hukum menjelaskan hukum adat dan masyarakat hukum adat; dan (2) bagaiamana pendekatan pluralisme hukum digunakan dalam studi hukum adat hari ini. Pendekatan pluralisme hukum memahami hukum adat tidak sebagai suatu ketertiban hukum yang terpisah atau termarginalisasi dari ketertiban hukum yang lain, tetapi secara dinamis terus berinteraksi dengan hukum nasional maupun internasional. Dari perspektif pluralisme hukum, masyarakat hukum adat merupakan suatu wilayah sosial semi otonom yang melahirkan hukum berdasarkan hubungan saling memengaruhi dengan masyarakat hukum lain. Penerapan pendekatan pluralisme hukum dalam studi hukum adat dapat dikelompokkan dalam tiga kategori. Pertama, pluralisme hukum lemah di mana negara mengakui hukum adat baik melalui peraturan perundang-undangan maupun putusan pengadilan. Kedua, pluralisme hukum kuat yang dideskripsikan melalui konsep wilayah sosial semi-otonom, forum shopping, dan shopping forum. Terakhir, pluralisme hukum multi-sited yang digunakan untuk menjelaskan hubungan berbagai fenomena hukum antara hukum adat (lokal), nasional, dan internasional serta peran teknologi informasi dan komunikasi dalam menjembatani hubungan tersebut.

Author(s):  
Aulia Nur Kasiwi

Purpose:The aims of this research study to analyze as volunteers can be effective to give an education to society and how this initiation can be productive for all elements that contribute which is for theministry of communications and information. ICT Volunteers is an organization for asocial society that based on efforts to develop knowledge, skill/ social science in information communication and technology for all members and society.Methodology:The method of this research is aqualitative description to get to know what happens with the situation on the job as a volunteersm. The technique for analyzing data in this research used secondary data and also literature review to know how this initiation can be useful for all especially for society(Burnham, 2004).Implications:This study focuses on the implementation of policies that have been set by Kemenkominfo in the form of ICT Volunteers. Thus a significant effort for every society both at the village and city level because with it the equitable distribution of education and infrastructure will be fulfilled, considering that Indonesia is an archipelagic country and full of diversity.Findings:The conclusion of this research is this initiation give the activity for improve the society which are capacity building, education, partnership and publikasi.Nowadays, this activity can be lead almost all provice have the voluntersm ICT for societybecause is itimportant for us, for government and also for society to bring new transformation resolution with ICT.Volunteersm of ICT focused on rural society for giving some tech to society.Novelty: This study is first of its kind in analyzing the role of volunteers in givingcitizen participation and education to the Indonesian society. 


2020 ◽  
Vol 23 (3) ◽  
pp. 353-367
Author(s):  
Yuanyuan Zhou ◽  
Bin Tian ◽  
Tingting Mo ◽  
Zhuoying Fei

Previous research has mainly focused on the determinants of consumers’ complaint channel choices. Little attention has been paid to the behavioral consequences of different complaint channels, particularly different complaint devices. Drawing on spatial crowding perception theory, this study finds that in an online complaint context, consumers’ complaint intensity is shaped by complaint devices that differ in screen size. Crowding perception produced by visually restrictive tension mediates the relationship between the screen size of the complaint device and the complaint intensity. The results of secondary data confirm that consumers’ complaint intensity is higher while complaining through a small-screen device (as opposed to a large-screen one). Three scenario-based experiments are conducted to examine the role of perceived spatial crowding in producing a more intense complaint behavior when complaints are submitted through smaller screen devices (as opposed to larger screen devices). The fourth experiment reveals that crowding perception can be lessened by adjusting certain design elements of the interface, ultimately mitigating the intensity of the complaint submitted through a small-screen device. Our research identifies the specific causality and underlying mechanism of the influence of device type on consumers’ postconsumption behavior, thus contributing to clarify some ambiguities in the literature.


2021 ◽  
Vol 9 (3) ◽  
pp. 1156-1165
Author(s):  
Taymoor Ali ◽  
Muhammad Kashif Khurshid ◽  
Adnan Ali Chaudhary

Purpose of the study: The objective of the study was to investigate the relationship of the dividend payout on a firm's performance under low growth opportunities from the manufacturing sector of Pakistan. Methodology: A sample of 251 firms out of 378 manufacturing firms listed at the Pakistan Stock Exchange (PSX), have been carefully chosen for the era of ten years from 2006 to 2015. The secondary data was obtained from the firm’s web financials and analysis of financial statements, published by the statistics department of the State Bank of Pakistan. For the persistence of investigation panel data (fixed effect) analyses were employed in this study. Main Findings: The fallouts of the analysis revealed that the dividend payout ratio has an insignificant relationship with the firm's performance in the low growth perspectives of the study. Applications of this study: The findings of the study are helpful for the financial managers of the firms facing low growth opportunities. Furthermore, the investors in capital markets can use the findings of this while investing. The originality of this study: The study focussed on the role of low growth opportunities while studying the nexus of dividend pay-out and the firm’s financial performance which inherits the novelty and originality of the study.


2019 ◽  
Vol 7 (3) ◽  
pp. 341-358
Author(s):  
Rafael Morais Pereira ◽  
Humberto Rodrigues Marques ◽  
Rodrigo Gava

Technological innovation as an engine for development requires a structural apparatus to its consolidation, reinforcing the approach of innovation systems, with emphasis on the role of universities. Therefore, considering that associated with this potential are present several innovative elements, such as the Technological Innovation Centers (NITs), the incubators of technology-based companies (IEBTs) and Technology Parks (ParqTecs), and given the lack of systematization National these instruments, the ultimate goal of this study was to analyze the environment for innovation in Brazilian federal universities, through the mapping of NITs, the IEBTs and ParqTecs associated with these institutions, further outlining the relationship of these instruments with technological variables (technological scholarships and patents). We used a qualitative and quantitative approach, descriptive nature, with collection of secondary data on institutional sites of universities and the adoption of simple linear regression analysis. The results realized all 63 Brazilian federal universities and revealed that the most widespread instrument between universities are the NITs, since its presence in 86% of the analyzed institutions. Have business incubators, idealized to strengthen interaction in innovation systems, are associated with 68% of universities, enabling regional development contexts. In relation to technology parks, it was found that, depending on the expenditure required for its implementation, only 26 universities are integrated into ParqTecs. The contributions of this study are concentrated in addition to the mapping done in highlighting the distinctions between the Brazilian regions in terms of scientific and technological structure and the importance of innovation ecosystems.


2021 ◽  
Vol 9 (1) ◽  
pp. 9-19
Author(s):  
Benedictus Simangunsong ◽  
Felisianus N. Rahmat

                                                                        Abstrak Budaya memainkan peran yang sangat penting dalam politik karena menjadi cerminan masyarakat dalam menentukan sikap dan pilihan politik atau membentuk karakteristik masyarakat dalam berpolitik. Contoh dari hubungan antara budaya dan politik bisa tergambarkan pada isu kekerabatan  pada pilkada Manggarai Barat 2020 yang dibahas dalam penelitian ini. Fenomena kekerabatan yang dimaksud adalah adanya kecenderungan dari masyarakat Manggarai Barat pada umumnya untuk memilih pemimpin yang seasal atau karena faktor kekerabatan dan kekeluargaan atau dikenal sebagai budaya lonto leok yang masih kuat mempengaruhi kehidupan masyarakat termasuk politik. Penelitian ini menggunakan paradigma interpretif dengan metode penelitian Fenomenologi. Adapun pengumpulan data penelitian dilakukan dengan data primer yaitu melakukan wawancara mendalam dan dokumentasi serta data sekunder berupa studi kepustakaan. Wawancara dilakukan kepada para informan yang melakukan lonto leok menjelang Pilkada Mabar Tahun 2020 dan juga pada pilkada-pilkada sebelumnya. Hasil penelitian menunjukkan bahwa makna kekerabatan dalam budaya lonto leok pada proses pilkada di Manggarai Barat adalah kebersamaan dan ketergantungan. Sementara peran budaya lonto leok dalam proses politik adalah pada saat pengambilan keputusan dan menumbuhkan ikatan kekerabatan.   Kata kunci: Budaya, Politik, Kekerabatan, Lonto Leok, fenomenologi, makna kekerabatan                                                                   Abstract   Culture plays a very important role in politics because it reflects the everyday life of society in determining political attitudes and choices or shaping the characteristics of society in politics. One of them many examples about the relationship between culture and politics can be illustrated in the issue of kinship in the 2020 West Manggarai regional election discussed in this study. The kinship phenomenon in question is the tendency of the West Manggarai community in general to choose leaders who are in the same kinship and it is known as the lonto leok culture which still strongly influences people's life, including politics. This study uses an interpretive paradigm with phenomenological research methods. The research data collection was carried out with primary data, namely conducting in-depth interviews and documentation and secondary data in the form of literature study. Interviews were conducted with informants who conducted lonto leok ahead of the 2020 Mabar Pilkada and also in the previous pilkada. The results showed that the meaning of kinship in the lonto leok culture in the election process in West Manggarai was togetherness and dependence. Meanwhile, the role of lonto leok culture in the political process is at the time of making decisions and fostering kinship ties.   Keywords: Culture, Politics, Kinship, Lonto Leok, phenomenology, meaning of kinship  


2019 ◽  
Vol 83 (3) ◽  
pp. 145-162 ◽  
Author(s):  
Zhiyong Yang ◽  
Sijie Sun ◽  
Ashok K. Lalwani ◽  
Narayan Janakiraman

Globalization has substantially influenced the world economy. However, managers have a limited understanding of how local–global identity influences consumers’ price perceptions and behavior. In this research, the authors propose that consumers’ local (vs. global) identity leads to a greater tendency to make price–perceived quality (PPQ) associations. Perceived quality variance among comparison brands is a key mechanism underlying these effects. Two field studies (Studies 1 and 7), seven experiments (Studies 2–6, 9, and 10), and a systematic review of secondary data (Study 8) provide converging and robust evidence for the effect of local–global identity on PPQ. Consistent with the perceived quality variance account, when quality differences among the brands are made salient, PPQ associations of consumers high in global (but not local) identity significantly increase, compared with baseline conditions. However, when perceived quality similarities are made salient, PPQ associations of consumers high in local (but not global) identity significantly decrease. Product type and distribution of customer ratings represent natural boundaries for the relationship between local–global identity and PPQ. The authors conclude with the implications for managers’ targeting endeavors. We also provide specific tools that marketers can use in ads and point-of-purchase materials to encourage or discourage consumers in making PPQ associations.


Author(s):  
Rassel Kassem ◽  
Mian Ajmal ◽  
Mehmood Khan

The relationship between organizational culture (OC) and corporate performance was commonly studied and reflected in the literature in the last few years. However, the relationship between OC and business excellence is rarely tackled. In this context, this research examined the relationship between four OC types and organizational excellence and the role of information communication technology (ICT) as a moderator. A quantitative study was conducted, and the data were collected using a survey questionnaire distributed to middle managers in one of the gold winners of a United Arab Emirates-based business excellence award. The results showed that there is a positive relationship between organizational culture components and business excellence in general. A mission culture has the most significant relationship, in contrast, the adaptability culture had no positive relationship. Also, the moderating role of ICT was proven. The results of this research can be utilized by managers to build the OC type that boost excellence within their organizations.


2019 ◽  
Vol 4 (1) ◽  
pp. 35
Author(s):  
Christine Jeptoo Cherutich ◽  
Dr. Charles Nyiro

Purpose: The objectives of the study which were to determine the effects of leadership, technology, culture, people and knowledge management success as enabler factors in ensuring success of knowledge management in Kenya Wildlife Service. The research also draws on existing studies, frameworks and models that have already identified the factors that potentially affect the success of KM. Meeting the challenges of sustainable development in the 21st century necessitates utilization of vital disciplines like KM in the management of state corporations. The use of KM for sustainable development has shown that effectiveness depends on strategic planning and use of tested models.Methodology: A review of the literature shows that most models point to enablers that are necessary. Questionnaires were administered through both e- mails and hand delivery. Secondary data was obtained from both published and unpublished records. Questionnaires were tested for both reliability and validity. Qualitative and quantitative techniques were used to analyze data with the assistance of SPSS software program version 21.Results: A good response rate of 94% was realized. It was established that most of the enabler’s factors indicators have positive impact on success of knowledge management. The study further adopted a regression analysis to determine the relationship between the variables at 5% confidence level of significance. The study findings showed that the four variables had a significant influence on performance of the firm.Contribution to policy and practice: The study recommended that a similar research should be conducted in a different fields. The findings showed that 74.7 % of the knowledge management success is explained by the four variables that are leadership, culture, technology and people and the remaining 25.3 % can be accounted by the standard error.


2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Josephine Kuan Pei See ◽  
Anwar Allah Pitchay ◽  
Yuvaraj Ganesan ◽  
Hasnah Haron ◽  
Ratih Hendayani

The purposes of study are to examine the effect of audit committee characteristics namely gender, frequency of meetings, independence member in audit committee and audit committee size on audit quality and the moderating role of internal audit function in the relationship between audit committee characteristics and audit quality. The objective is to contribute to the new evidence on the role of audit committee characteristics plays towards the audit quality with internal audit function as moderator. This research applied a quantitative approach and secondary data as the main source of information for analysis. Stratified random sampling techniques are being used in this study. Further, the structural equation modelling (SEM) approach via SmartPLS was utilized to achieve the research purpose by evaluating the data collected from 250 public listed companies in Malaysia. The results reveal that only three of the audit committee characteristics, namely presence of female members in the audit committee, frequency of meetings and independence of directors, are positively influencing the audit quality for listed companies in Malaysia. Surprisingly, this study also found that internal audit function did not play the moderating effect in the relationship between audit committee characteristics and audit quality. The findings will facilitate researchers and scholars to enhance the understanding of audit committee characteristics particularly the gender, frequency of AC meetings and independence members in the audit committee played in improving overall audit quality. The companies’ stakeholders like professional accountancy body and governments may use the outcomes from this research study to improve existing rules and government regulations and code of conducts of its members to improve the quality of their works. This study contributes to the relatively new discussion on the effect of audit committee characteristics on audit quality by adding internal audit function as a moderator in Malaysia. The outcome from this study may assist the companies’ stakeholders like professional accountancy body and governments in determining improved methods to enhance audit committee characteristics in improving audit quality.


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