scholarly journals IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS)

2017 ◽  
Vol 1 (1) ◽  
pp. 080
Author(s):  
Edy Lisdiyono

Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence) and clear fact so that its solutions do not deviate from the rules of law

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rafael Viana Ribeiro

Legal reasoning is increasingly quantified. Developers in the market and public institutions in the legal system are making use of massive databases of court opinions and other legal communications to craft algorithms to assess the effectiveness of legal arguments or predict court judgments; tasks that were once seen as the exclusive province of seasoned lawyers’ obscure knowledge. New legal technologies promise to search heaps of documents for useful evidence, and to analyze dozens of factors to quantify a lawsuit’s odds of success. Legal quantification initiatives depend on the availability of reliable data about the past behavior of courts that institutional actors have attempted to control. The development of initiatives in legal quantification is visible as public bodies craft their own tools for internal use and access by the public, and private companies create new ways to valorize the “raw data” provided by courts and lawyers by generating information useful to the strategies of legal professionals, as well as to the investors that re-valorize legal activity by securitizing legal risk through litigation funding.


2020 ◽  
Author(s):  
Sónia de Almeida Ferreira ◽  
Sara Santos ◽  
Pedro Manuel do Espírito Santo

Nowadays, the importance of social media in the various sectors of our society is unquestionable. Furthermore, the investment that the cinematographic industry has been making in the use of new digital platforms that promote communication with the public is also undeniable. The trend is the cinema converge with the Internet, so it is imperative that the cinematographic industry creates an online content production system continuously and updated before, during and after the film’s debut in theatres. This empirical study aims to highlight the effects of the awarding of the best film and best actor in the 76th Golden Globe Award for the movie Bohemian Rhapsody. In this way, it was analysed the engagement of web users with the Facebook page before and after the attribution of the prizes to the film object of this analysis. The results show that as we move further from the release date of the movie, there will be a trend towards more “likes”, but less “shares” and “comments” by users that follows the movie page. Nevertheless, this trend changed in order to the Bohemian Rhapsody victory in the Golden Globes. Therefore, it is concluded that the awarding of premiums to the films modifies the engagement of the users in that pages of social media.


2019 ◽  
Vol 1 (01) ◽  
pp. 8-19
Author(s):  
Ari Pratama

One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.


2020 ◽  
Vol 2 (1) ◽  
pp. 1-12
Author(s):  
Talizaro Tafonao ◽  
Prasetyo Yuliyanto

In this study, the author studies the role of Christian religious education in combating hoax on social media. This study begins with the author's empirical observation where these days hoax on social media becomes the main news that is endlessly discussed in public. As a result of many hoaxes on social media, there are many divisions between the people as expressed in this empirical study. If it is carefully observed that the main problem is not in the development of science and technology globally, but the problem is there are every person who uses the technology irresponsibly because humans are too spoiled with various facilities of technological sophistication so that there is no control when someone is free to express opinions in social media. Ironically this freedom is exploited to explore personal and group interests, without seeing the consequences of this dishonourable behaviour. By looking at these various facts, this study presents an effort to provide understanding and education to the public to participate in combating hoax on social media. The purpose of this study is to invite all Christians to contribute and care for the social problems that are troubling society today. Therefore it is time for the role of Christian Religion education to be applied through lifestyles by communicating honestly and get used to using ethics when surfing on social media. Tulisan ini merupakan kajian terhadap peran pendidikan agama kristen dalam memerangi berita hoaks di media sosial. Kajian ini berangkat dari pengamatan penulis secara empiris dimana hari-hari ini berita hoaks di media sosial menjadi berita utama yang tidak habisnya dibicarakan di publik. Akibat dari mewabahnya berita hoaks di media sosial maka tidak sedikit terjadinya perpecahan diantara masyarakat sebagaimana yang diungkapkan dalam tulisan ini seacara empiris. Jika diperhatikan dengan teliti bahwa unsur persolan sebenarnya bukan terletak pada perkembangan ilmu dan teknologi secara global, tetapi persoalannya adalah ada pada setiap oknum yang memanfaatkan teknologi tersebut karena manusia terlalu dimanjakan dengan berbagai fasilitas dari kecanggihan teknologi tersebut sehingga tidak ada kontrol ketika seseorang bebas mengeluarkan berpendapat di media sosial. Dengan melihat berbagai fonomena ini maka tulisan ini hadir sebagai upaya memberi pemahaman dan edukasi kepada masyarakatuntuk ikut berpatisipasi dalam memerangi berita hoaks di media sosial. Tujuan kajian ini mengajak seluruh umat Tuhan untuk berkontribusi dan peduli terhadap persolan-persoalan sosial yang sedang meresahkan masyarakat saat ini.


Author(s):  
EVA MOEHLECKE DE BASEGGIO ◽  
OLIVIA SCHNEIDER ◽  
TIBOR SZVIRCSEV TRESCH

The Swiss Armed Forces (SAF), as part of a democratic system, depends on legitimacy. Democracy, legitimacy and the public are closely connected. In the public sphere the SAF need to be visible; it is where they are controlled and legitimated by the citizens, as part of a deliberative discussion in which political decisions are communicatively negotiated. Considering this, the meaning of political communication, including the SAF’s communication, becomes obvious as it forms the most important basis for political legitimation processes. Social media provide a new way for the SAF to communicate and interact directly with the population. The SAF’s social media communication potentially brings it closer to the people and engages them in a dialogue. The SAF can become more transparent and social media communication may increase its reputation and legitimacy. To measure the effects of social media communication, a survey of the Swiss internet population was conducted. Based on this data, a structural equation model was defined, the effects of which substantiate the assumption that the SAF benefits from being on social media in terms of broadening its reach and increasing legitimacy values.


Author(s):  
Eddy Suwito

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.


2020 ◽  
Vol 4 (1) ◽  
pp. 145-152
Author(s):  
Radosław Molenda

Showing the specificity of the work of the contemporary library, and the variety of its tasks, which go far beyond the lending of books. The specificity of the library’s public relations concerning different aspects of its activity. The internal and external functions of the library’s public relations and their specificity. The significant question of motivating the social environment to use the offer of libraries, and simulta-neously the need to change the negative perception of the library, which discourages part of its poten-tial users from taking advantage of its services. The negative stereotypes of librarians’ work perpetuated in the public consciousness and their harmful character. The need to change the public relations of libra-ries and librarians with a view to improving the realization of the tasks they face. Showing the public relations tools which may serve to change the image of librarians and libraries with particular emphasis on social media. This article is a review article, highlighting selected research on the librarian’s stereo-type and suggesting actions that change the image of librarians and libraries.


2019 ◽  
Author(s):  
Laila Fariha Zein ◽  
Adib Rifqi Setiawan

In today’s world, it is easier and easier to stay connected with people who are halfway across the world. Social media and a globalizing economy have created new methods of business, trade and socialization resulting in vast amounts of communication and effecting global commerce. Like her or hate her, Kimberly Noel Kardashian West as known as Kim Kardashian has capitalized on social media platforms and the globalizing economy. Kim is known for two things: famous for doing nothing and infamous for a sex tape. But Kim has not let those things define her. With over 105 million Instagram followers and 57 million Twitter followers, Kim has become a major global influence. Kim has travelled around the world, utilizing the success she has had on social media to teach make-up master classes with professional make-up artist, Mario Dedivanovic. She owns or has licensed several different businesses including: an emoji app, a personal app, a gaming app, a cosmetics line, and a fragrance line. Not to be forgotten, the Kardashian family show, ‘Keeping Up with the Kardashians’ has been on the air for ten years with Kim at the forefront. Kim also has three books: ‘Kardashian Konfidential’, ‘Dollhouse’, and ‘Selfish’. With her rising social media following, Kim has used the platforms to show her support for politicians and causes, particularly, recognition of the Armenian genocide. Kim also recently spoke at the Forbes’ women’s summit. Following the summit, Kim tweeted out her support for a recent movement on Twitter, #freeCyntoiaBrown which advocated for a young woman who claimed to have shot and killed the man who held her captive as a teenage sex slave in self-defense. Kim had her own personal lawyers help out Cyntoia on her case. Kim has also moved beyond advocating for issues within the confines of the United States. As mentioned earlier, she is known for advocating for recognition of the Armenian genocide. In the last two years, her show has made it a point to address the Armenian situation as it was then and as it is now. Kim has been recognized as a global influencer by others across the wordl. We believe Kim has become the same as political leaders when it comes to influencing the public. Kim’s story reveals that the new reality creates a perfect opportunity for mass disturbances or for initiating mass support or mass disapproval. Although Kim is typically viewed for her significance to pop culture, Kim’s business and social media following have placed her deep into the mix of international commerce. As her businesses continue to grow and thrive, we may see more of her influence on international issues and an increase in the commerce from which her businesses benefit.


Author(s):  
Meghan Lynch ◽  
Irena Knezevic ◽  
Kennedy Laborde Ryan

To date, most qualitative knowledge about individual eating patterns and the food environment has been derived from traditional data collection methods, such as interviews, focus groups, and observations. However, there currently exists a large source of nutrition-related data in social media discussions that have the potential to provide opportunities to improve dietetic research and practice. Qualitative social media discussion analysis offers a new tool for dietetic researchers and practitioners to gather insights into how the public discusses various nutrition-related topics. We first consider how social media discussion data come with significant advantages including low-cost access to timely ways to gather insights from the public, while also cautioning that social media data have limitations (e.g., difficulty verifying demographic information). We then outline 3 types of social media discussion platforms in particular: (i) online news article comment sections, (ii) food and nutrition blogs, and (iii) discussion forums. We discuss how each different type of social media offers unique insights and provide a specific example from our own research using each platform. We contend that social media discussions can contribute positively to dietetic research and practice.


2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Meagan Marie Daoust

The healthcare trend of parental refusal or delay of childhood vaccinations will be investigated through a complex Cynefin Framework component in an economic and educational context, allowing patterns to emerge that suggest recommendations of change for the RN role and healthcare system. As a major contributing factor adding complexity to this trend, social media is heavily used for health related knowledge, making it is difficult to determine which information is most trustworthy. Missed opportunities for immunization can result, leading to economic and health consequences for the healthcare system and population. Through analysis of the powerful impact social media has on this evolving trend and public health, an upstream recommendation for RNs to respond with is to utilize reliable social media to the parents’ advantage within practice. The healthcare system should focus on incorporating vaccine-related education into existing programs and classes offered to parents, and implementing new vaccine classes for the public.


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