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Perlindungan Hak Kekayaan Intelektual (HaKI) Ditinjau Dari Epistimologi Yulia Nizwana; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2019.vol3(02).4006

Abstract

Along with the times, the protection of the rights possessed by every human being needs to be regulated, including the case with Intellectual Property Rights (IPR). As one of the countries that is very diverse and has a lot of potential in the field of IPR, Indonesia has also long been actively involved in both regional and international frameworks in the field of IPR. Philosophy of science is really worth studying by anyone. Philosophy of science has a role in human life. Philosophy of science is knowledge that seeks truth. Branches of philosophy include Ontology, Epistemology, and Axiology. Then IPR protection will be assessed in terms of epistemology and axiology. The formulation of the problem discussed is why IPRs need to be protected, how IPR Protection is evaluated from Epistemology,. The approach method used is Normative Juridical, discussion of issues relating to the Protection of Intellectual Property Rights in terms of Epistemology. The results of the discussion, the reason why Intellectual Property Rights Need to be Protected is because IPR is natural rights, Reputation Protection, Encouragement and rewards from innovation and creation, Then supported by 5 basic theories of IPR protection: Reward Theory, Recovery Theory, Incentive Theory, Risk Theory, Economic Growth Stimulus Theory. Protection of Intellectual Property Rights in terms of Epistemology. Epistemology discusses three things, namely the object of philosophy (ie thought), how to obtain philosophical knowledge and measure of truth (philosophical knowledge) how humans seek philosophical knowledge. For example why IPR needs to be protected, the most profound and fundamental answer is IPR protection is a protection against the intellectual idea of ​​someone who was born naturally the gift of the God, that is from God where every human being was created with advantages including the advantages of intellectual ideas that are certainly different every human beings, so that intellectual ideas need to be protected because they are subjective and natural.
Deliberation, Southeast Asian Local Wisdom in Resolving Disputes Rahdiansyah Rahdiansyah; Yulia Nizwana
UIR Law Review Vol. 3 No. 2 (2019): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9.114 KB) | DOI: 10.25299/uirlrev.2019.vol3(02).4557

Abstract

Cultural disputes, and others, often occur between neighboring countries in Southeast Asia and can be the seeds of disharmony, of course, this is not desirable. Southeast Asia as a cultural scope that is interrelated in history, has local wisdom in resolving disputes, resolving this dispute is known as deliberation. Deliberation is an identity that must be prioritized as a wise cultural approach for the ASEAN community. The purpose of this study is to explore the local wisdom of Southeast Asian people in resolving disputes in their communities and implementing them as a solution for the ASEAN community. Recognizing each other as cultural origins often occur between Malaysian and Indonesian communities. As a nation of the same family, this is commonplace, but the most important thing is how to solve it. Interviewing the people of both countries is the first thing to do in looking at this problem, how they understand and see culture in their culture. Questionnaires are distributed as much as possible, each data obtained will be processed and classified according to nationality, education, age, and others. The findings will be a study to see the perspectives of the two countries in understanding history, culture, and cultural results in addressing the differences of opinion that occur. At least the description of the root of the problem is obtained, why this problem occurs, what are the main causes, how to understand it, how to react to it, and lead to the resolution of the dispute over ownership of culture itself
Logical Fallacy Dan Pertentangan Moral Dalam Pembebasan Narapidana Di Era Pandemi Covid-19 Yulia Nizwana
Riau Law Journal Vol 5, No 2 (2021): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.796 KB) | DOI: 10.30652/rlj.v5i2.7913

Abstract

The global COVID-19 pandemic has created new problems for nation-states, especially regarding how the country's efforts to prevent and stop the spread of this virus from spreading further. Socializing the Social Distancing movement is one of the steps taken by the Government of Indonesia as a disaster emergency status issued from February 29, 2020 to May 29, 2020 regarding this virus pandemic with a total time of 91 days. In addition, starting on March 31, 2020, the Indonesian government has also implemented a policy of releasing prisoners through an assimilation and integration program, with the aim of breaking the chain of Covid-19 transmission, on the grounds that the number of inmates who are already over capacity will have a great potential for the spread of Covid-19. The emergence of the pros and cons of the government's policy on the release of prisoners in the midst of the Covid-19 pandemic indicates that there is something wrong with the policy, because there is no guarantee and measure so far, everyone who has been released from prison will behave well and do not threaten the safety of many people in the future and touch the sense of community justice so that there is a moral conflict in the community. The logical fallacy (misguidance of thinking) and the moral conflict of the prisoner release policy in the midst of the Covid-19 pandemic is a formal error that occurs due to a violation of logical principles regarding legal policy on the release of prisoners in the Covid-19 pandemic era which was taken by the government for humanitarian reasons to break the chain of the spread of Covid-19 because the number of inmates who have overcapacity has a great potential for Covid-19 transmission. So that prisons do not overcapacity, there are things that have not been corrected by policymakers in Indonesia, because so far government policies have prioritized prison sentences in law enforcement even though prisons are not the estuary for all those who commit crimes, not all prisoners must be imprisoned, Those who must be imprisoned should be those that are in direct contact with or violate the rights of other people so that it is certain that the prison will not be overcapacity. The policy of releasing prisoners to prevent the transmission and spread of Covid-19 is not the right solution and is only temporary. So that what happened was not saving many people, but threatening to increase the crime rate after the release of prisoners in the midst of the Covid-19 pandemic.
PENATAAN RUANG KAWASAN NAGARI DALAM RANGKA MENGOPTIMALKAN PARIWISATA DI NAGARI TIKU KECAMATAN TANJUNG MUTIARA KABUPATEN AGAM Eri Arianto; Yulfa Mulyeni; Yulia Nizwana; Aermadepa Aermadepa
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.500

Abstract

Regional development is one of the efforts to utilize all the potential of the area in supporting development activities. Regional potential is the basic capital for the development of a society in improving its welfare. The existence of the area's potential is a means of supporting various development activities, both in terms of infrastructure potential, natural potential, population potential and business potential of the population as well as the potential of integrated cultural areas that can be exploited and used to improve development results in the context of justice and equity in an area . An area that is developed and developing is greatly supported by the existence of regional potential. The regional area is the geographical condition of an area which provides various opportunities for an area to manage the potentials of the area within a region. Community business activities also include potential productive areas in contributing to development activities and their results. The existence of sources of livelihood and employment owned by a community in an area, will make a major contribution to development activities, especially in the economic sector which has the potential to increase the ability of an area to become self-sufficient. Based on the description above, it becomes a concrete reference that every spatial planning activity carried out by the Regional Government of West Sumatra, always refers to the whole life of the people, including their economy, to build a just and prosperous society, it is necessary to regulate the development of appropriate integrated cultural areas. with the regional spatial plan. The supporting and inhibiting factors that must be disseminated to the community so that the development of integrated areas according to the regional spatial layout plan can be applied properly, namely socializing the factors of understanding legal substance, institutional structure, local wisdom culture, community knowledge, facilities and infrastructure available to community members know and understand the application in setting regional spatial planning in a region of West Sumatra, which directly or indirectly contributes greatly in participating in developing regional spatial planning in their region.
Pencegahan Pemberantasan Penyalahgunaan Dan Peredaran Gelap Narkoba (P4GN) Di Nagari Supayang Kabupaten Solok Eri Arianto; Yulfa Mulyeni; Rifqi Devi Lawra; Aermadepa; Yulia Nizwana
Jurnal Pengabdian Masyarakat Mandira Cendikia Vol. 4 No. 7 (2025)
Publisher : YAYASAN PENDIDIKAN MANDIRA CENDIKIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70570/jpkmmc.v4i7.1742

Abstract

Melihat perkembangan penyalahgunaan narkoba yang terus meningkat tersebut, maka pemerintah melakukan intervensi dengan mengeluarkan Instruksi Presiden Nomor 12 Tahun 2011 Tentang Pelaksanaan Kebijakan dan Strategi Nasional Pencegahan dan Pemberantasan Penyalahgunaan dan Peredaran Gelap Narkoba (P4GN). Berdasarkan data provinsi yang termasuk ke dalam zona merah pengedaran gelap narkoba, salah satu provinsi di Indonesia yang peredaran serta penyalahgunaan narkobanya termasuk ke dalam zona merah adalah Provinsi Sumatera Barat. pelaksanaan Kebijakan P4GN di Provinsi Sumatera Barat tidak berjalan dengan baik karena setelah adanya pelaksanaan kebijakan ini tidak menunjukkan penurunan yang signifikan penyalahgunaan narkoba di Provinsi Sumatera Barat. Pengabdian kepada masyarakat (PKM) ini bertujuan untuk memberikan pemahaman kepada masyarakat terutama generasi muda di nagari Supayang Kecamatan Payung Sekaki tentang bahaya narkotika bagi masyarakat
Pelaksanaan Hak Narapidana Wanita Berdasarkan Peraturan Pemerintah Republik Indonesia Nomor 32 Tahun 1999 tentang Syarat dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan di Lembaga Pemasyarakatan Perempuan Kelas IIB Padang Sherly Alpines; Yulia Nizwana; Eri Arianto
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10199

Abstract

The fulfillment of the rights of female prisoners is an important issue in the correctional system because women have specific needs related to reproductive health, psychological conditions, social relations, pregnancy, breastfeeding, and social reintegration. This study aims to analyze the implementation of the rights of female prisoners based on Government Regulation Number 32 of 1999 at the Class IIB Padang Women’s Correctional Institution and to identify the obstacles and efforts to resolve them. This study used a sociological juridical method with a qualitative descriptive approach. The research informants included the Head of the Correctional Institution, officials responsible for guidance and registration, clinic nurses, work activity staff, and 50 female prisoners selected purposively. Data were collected through interviews, observation, and document study, and were then analyzed qualitatively through the stages of editing, coding, data presentation, and conclusion drawing. The results show that the fulfillment of the basic rights of female prisoners, such as the right to worship, receive proper food, obtain health services, participate in self-reliance training, receive remission, and undergo assimilation, has been implemented fairly well. However, its implementation still faces obstacles in the form of limited specific regulations, overcapacity, health facilities, budgets, the number of officers, and industrial partners. The conclusion of this study emphasizes that fulfilling the rights of female prisoners requires strengthening regulations, improving facilities, and expanding cross-sectoral cooperation. These findings contribute to the development of the concept of gender-based corrections and provide practical implications for improving the governance of correctional services that are more responsive to the specific needs of female prisoners.