Bantuan Hukum Online Non Litigasi Dalam Rangka Menuju Desa yang Modern dan Berkeadilan

Most of the residents of Baros village work in the agricultural and plantation sectors with most of the residents having education up to junior high and high school levels. Thus, they do not understand the law and technology that is currently developing due to their low educational background. Therefore, Baros Village needs socialization about the online legal assistance of nonlitigation in order towards a modern and justice village. The method used is in the form of socialization accompanied by counseling to the community, namely by providing explanations and discussions with the aim of activities that Baros villagers understand the importance of online legal assistance through non-litigation using current technology such as computers, laptops and hand phones. The results of the activities in the socialization turned out to be many Baros villagers who did not understand the existence of online legal assistance to resolve their cases outside the court such as negotiation, mediation, conciliation, and consultation. The village office must provide an internet network, computer or laptop for its citizens to learn technology in order to become a modern village. Abstrak Sebagian besar penduduk desa Baros bekerja di sektor pertanian dan perkebunan dengan sebagian besar warganya mempunyai pendidikan sampai tingkat SMP dan SMA. Sehingga mereka kurang memahami hukum dan teknologi yang berkembang saat ini dikarenakan latar belakang pendidikan yang masih rendah. Oleh karenanya, Desa Baros perlu adanya sosialisasi tentang pentingnya memahami teknologi dan hukum untuk dapat menyelesaikan sengketanya secara online dan melalui alternative penyelesaian sengketa diluar pengadilan atau non litigasi. Metode yang digunakan berupa sosialisasi disertai penyuluhan kepada masyarakat yaitu dengan memberikan penjelasan dan diskusi dengan tujuan kegiatan agar warga desa Baros memahami pentingnya bantuan hukum online melalui non litigasi dengan menggunakan teknologi saat ini seperti computer, laptop dan Hand phone. Hasil kegiatan dalam sosialisasi ternyata banyak warga desa Baros yang tidak memahami adanya bantuan hukum online untuk menyelesaikan perkaranya melalui diluar pengadilan seperti negosiasi, mediasi, konsiliasi, konseltasi. Kantor desa harus menyediakan jaringan internet, computer atau laptop untuk warganya belajar teknologi agar menjadi desa yang modern.

How the Law Learns in the Digital Society

Recent court decisions have revealed how the law is frequently under pressure to adjust to novel digital technologies. As legal practice is blind to the factual particularities of the relationship between law and technology, the courts’ efforts to re-stabilize normative expectations of Internet users, in the face of sociotechnical changes caused by computer networks, lack an adequate theoretical classification. Science and technology studies (STS) provide refined knowledge on the interaction between technology and society. Yet, the law and normative structures have remained a stepchild of that branch of interdisciplinary theorizing within the social sciences. Within the legal discipline, media-based theories about the law in the digital environment have conceived computer networks as hybrid sociotechnical constructs. This approach aptly shows how digital media have changed the way individuals experience the world and interact with one another and how the capacity to adjust cognitive behavioral expectations to new developments has become crucial. While the learning of individuals takes center stage, this perspective belittles the relevance of normative expectations and overlooks the law’s learning. How is the law capable of learning under conditions of computer networks and responding to the sociopolitical changes caused by the new technologies? This paper’s aim is to propose a perspective on the law in the digital society that combines STS with legal sociology. An approach based on technical affordances explains how normative behavioral expectations can adjust to changes in the networked environment and how the law learns in the digital society.

Constitutional Challenges in the Algorithmic Society

New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

Autonomous Organizations

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

IMPLEMENTASI E-COURT UNTUK PERKARA PERDATA SEBAGAI TEKNOLOGI INFORMASI DALAM SISTEM PERADILAN DI INDONESIA

E-court can be used to send and receive trial documents such as replik, duplik, conclusions and/or answers. The e-court application is also used to call electronically to parties who have approved and to the plaintiff/ applicant who registers electronically is deemed to agree to use electronic channels for calling. The problem in the research is how to implement e- court.mahkamahagung.go.id for civil matters as information technology in the justice system in Indonesia and what are the supporting and inhibiting factors for the implementation of e- court.mahkamahagung.go.id for civil matters as information technology in justice system in Indonesia. The research method uses a normative juridical approach, a normative approach is carried out by studying legal norms or rules, legal principles, data sourced from library studies. The analysis of the data used is qualitative juridical. The results of the study show that the implementation of e- court.mahkamahagung.go.id for civil matters as information technology in the judicial system in Indonesia, can be done tactically and strategically. Tactical efforts are temporary efforts that can be carried out quickly and internally by the Supreme Court by utilizing the policy instruments that they have. Supporting factors for implementation of e-court.mahkamahagung.go.id is the existence of efforts to Implement Electronic Justice can be divided into tactical efforts and strategic efforts. The inhibiting factor for implementation of e-court.mahkamahagung.go.id is the Electronic Judicial Procedure Law and Technology and Human Resources Constraints.

The Interface Between Intellectual Property and Information Technology Law

Over the years, intellectual property (IP) law has developed an increasingly profound link with both technological developments and the rules governing them. IP law is constantly challenged by new waves of technologies as often called to provide protection for them. At the same time, new technologies offer new ways to exploit protected works. Indeed, the more technology has become an autonomous subject matter governed by specific provisions, the more IP law has engaged in a constant dialogue with these provisions. This interaction between IP law and technology has significantly affected the contours of the field. In this chapter, I address the relationship between IP and the rules adopted to govern the specific technologies that are designed to handle information—known as ‘information technologies (IT)’. This set of provisions goes under the name of ‘IT law’. I examine the interface between IP and IT law from the standpoint of the IP scholars who have an interest in technology. In particular, I investigate how the IP/IT interface is, or could be regulated and how the rules regarding IP and IT law interact with each other. There is a circular relationship between law and technology as the former, while governing the latter, is also shaped by it and vice versa.

Science and Technology and Intellectual Property Research

This chapter examines science and technology as a subject of legal research and regulation. Rather than reflecting on the regulatory challenges presented by science and (new) technologies intrinsically and generally, this chapter aims to contribute to the methodological debate when conducting legal research on science and technology. The chapter explores the different types of research objectives and related methodological features that legal scholars can pursue in their research on law and science and technology: descriptive, classifying, comparative, theory-building, explanatory, evaluative, and recommendatory research objectives. The analysis is made more exacting by providing concrete examples from research projects in the area of patent and copyright law and technology, ranging from biotechnology, over 3D-printing, to functional design.

Intelligente Systeme – Intelligentes Recht

The relationship between law and technology is becoming increasingly complex due to the rapid advance of digitization and the development of new and "smart" technologies. Traditional anthropocentric concepts of law seem to be in question. Moreover, the ways in which law is made and applied are changing. In the face of new and adaptive technologies, must law and its enforcement themselves become more adaptive, and how can this be done? In their contributions to the 6th GRUR Young Science conference, young scientists will address these questions from the perspective of intellectual property, media, competition, information and data protection law and will present their theses for discussion at the online conference organized at Bucerius Law School on June 4 and 5, 2021. With contributions by Dr. Jonas Botta, Dr. Michael Denga, Prof. Dr. Philipp Hacker, Dr. Elsa Kirchner, David Korb, David Linke, Janine Marinello, Ferdinand Müller, Stefan Papastefanou, Dr. Joachim Pierer, Darius Rostam, Martin Schüßler, Florian Skupin, Sebastian Theß and Nora Wienfort.