PERLINDUNGAN HUKUM TERKAIT EKPRESI BUDAYA TRADISIONAL “LAGU TRADISIONAL ACEH” DALAM BINGKAI HAK CIPTA

Traditional Cultural Expression is an intellectual work that needs to be protected. Traditional Cultural Expression is rooted in three words: tradition, culture, and expression. The meaning of "expression", expresses a clear goal, idea or feeling. In this paper, the author raises an example of a traditional cultural expression, namely the cultural expression of traditional Acehnese songs owned by the local Acehnese people. Songs such as "Bungong Jempa", are a small example of the traditional wealth of the Acehnese people that should be preserved and protected by the government. The purpose of this study is to find out how is the protection related to traditional cultural expressions in Indonesia? And has the method of recording/inventorying traditional cultural expressions in Indonesia provided maximum protection for the cultural expressions of traditional Acehnese songs? The benefit of this research is that it is hoped that it can provide benefits for the development of legal knowledge in Indonesia and can provide insight or information to the public, especially regarding the object of copyright as one of the productive waqf in Indonesia.

Leveraging lawyers as strategic company resources

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings This research paper concentrates on how knowledge of the law can be leveraged as a strategic company resource in various ways, to ultimately build a competitive advantage. Managers often mistake turning reactively to legal advice with a proactive, strategic use of law and legal knowledge as their company resource. Such lack of advance preparedness is expensive for companies. Hence creating and following an organized legal strategy can save money. Although there are many legal approaches that companies can take, the authors advocate that proactive ones are the most superior overall, since they assist with crafting a market-resilient competitive advantage. Originality/value The briefing saves busy executives, strategists and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Cause of Action and the Right to Know. A Formal Conceptual Analysis of the Texas Senate Bill 25 Case

Bill 25 proposed by the Texas Senate in 2017 was created to eliminate the so-called ‘wrongful birth’ cause of action. This plan raised some questions about the ‘right to know’ and indirectly about rights in general. We provide a preliminary logical analysis investigating these questions by using deontic and epistemic logics within the theory of normative positions. This work contributes to the logic-based legal knowledge representation tradition, and to the formal conceptual analysis of legal rights studying the cause of action’s role in the debated relation between the Hohfeldian categories ‘claim-right’ and ‘power’.

Digital Technology, Knowledge Level, and Food Safety Governance: Implications for National Healthcare System

Exploring the intrinsic relationship between digital technology and the efficiency of food safety supervision contributes to a better understanding of the role of digital technology in food safety supervision and how to maximize its influence. This study employed sample data from 31 regions in China between 2015 and 2017 for an empirical analysis of the correlation between the two and to examine the moderating effects of the knowledge levels of food producers and consumers. The results show that the development of digital technology contributes to enhancing the efficiency of food safety supervision. In this process, the higher the knowledge level of consumers, the greater the positive promotional effect of digital technology. On the contrary, when the knowledge level of producers is higher, it is not conducive to enhancing the effect of digital technology on the efficiency of food safety supervision. The author holds the view that this is related to the fact that employees in the food production and manufacturing industry have insufficient moral and legal knowledge. This not only limits the effect of digital technology on enhancing the efficiency of food safety supervision, but also opens the door to illegal production for some unprincipled producers. The policy implications are that digital technology should be used to improve food safety supervision, the moral and legal knowledge of food producers should be improved, and consumers should be encouraged to use digital technology more in the pursuit of food safety. Implications for national healthcare system would be also discussed in our paper.

Efektivitas Mediasi dalam Penanganan Perceraian di Pengadilan Agama Ponorogo

Every civil case in court must be resolved through mediation first. As technology develops, PERMA No. 1 of 2016 concerning mediation provides an option for parties who cannot attend in-person to carry out audio-visual mediation. The purpose of this study was to find out how the implementation and effectiveness of direct and audio-visual mediation in the settlement of divorce cases in PA Ponorogo and what factors were supporting and inhibiting its effectiveness. This is an empirical study that employs a qualitative approach. data collection techniques use observation, interviews, and documentation, while the analysis uses inductive analysis. From this study, it was concluded that in divorce cases in PA Ponorogo, direct mediation was more effective than audio-visual. Factors supporting the effectiveness of direct mediation are the ability of a mediator and a reliable legal representative; the existence of legal awareness; the existence of good faith; and the existence of legal knowledge of the parties. Then there are the supporting factors of audio-visual mediation, which are adequate facilities, informative and educative communication of attorneys to their clients, good faith and legal knowledge of the parties, and the agreed schedule. While the inhibiting factors of the two mediation models are the panel of judges' policies, inadequate facilities, time zone differences, and the emotions of the parties.

“When Paradigms Are Out of Place”: Embracing Eclecticism in Legal Scholarship by Academic Turns

As with the progress of social sciences in which the notion of turn has gradually taken a central position in academic discourse, we have often seen the blended application of “paradigm shift talk” and “turn talk” to delineate the construction of progress in legal scholarship. Unlike “paradigm shift talk” that is based on the sufficient intellectual accumulation of understanding Kuhn’s paradigm theory, the connotations, as well as implications, of the notion of turn have been radically ignored in legal scholarship. Therefore, questions tackling turn’s underlying teleology, epistemology, methodology, and ethics are especially significant and indispensable. As a response, this article delves into the notion of turn in legal scholarship by mainly embedding it in a general context of the knowledge production of social sciences. It primarily argues that the notion of turn is more compatible with the construction of socio-legal knowledge than that of paradigm due to its interdisciplinary disposition. Accordingly, rather than maintaining the taken-for-granted status quo, legal scholars should pay heed to this compatibility in question and employ the notion of turn consciously and seriously.

Law as Technique

This chapter challenges anthropologists’ long-standing antipathy to the study of legal technique. It highlights Max Weber and Karl Llewellyn’s early interest in legal experts and legal knowledge as objects of sociological study, but suggests that the impetus to produce an external critique of law or context for law has hindered subsequent generations of anthropologists and sociolegal scholars from engaging legal technique as an object of ethnographic inquiry. In response, this chapter argues for greater ethnographic attention to the aspect of legal knowledge that most captivates lawyers: the means. The chapter highlights a growing body of sociolegal scholarship that engages with legal technique by drawing variously on systems theory and science and technology studies (STS) to illuminate the recursivity of legal expertise, the materiality of legal knowledge, and the agency of legal technique. Ultimately, this chapter argues that anthropologists’ long-standing attention to the constraints of form inherent in exchange can serve as a productive starting point both for anthropological theory and methods to elucidate the workings of legal knowledge, and for ethnography of legal technique to serve as a source of theoretical innovation.