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Asma Karim
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Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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KONFLIK HUKUM UNDANG-UNDANG RI NOMOR 19 TAHUN 2002 TENTANG HAK CIPTA DENGAN HAK-HAK MASYARAKAT ADAT DI INDONESIA Asma Karim
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.92

Abstract

This article discusses the law conflict of Act RI No. 19, 2002 on Copyright with the traditional community rights in Indonesia. This study used a normative juridical method. Based on a normative study can be recognized: First the Act No. 19, 2002 lead to the law conflicts because of the formulation of Article 10 of this Act only authorizes the head of state as the Folklore holder (Folklore: part of the Traditional Knowledge) but the community rights as the owner of Traditional Knowledge and the Folklore itself was not accommodated in this Act, so that its existence was marginalized. Secondly, the differences in paradigms on the ownership concept between the customary law and Western law in the protection of intellectual property rights lead to many deviations that adverse the traditional community rights themselves. Keywords: Law Conflict, Act on Copyright with the Traditional Community rights
EFEKTIFITAS FUNGSI PARLEMEN DEWAN PERWAKILAN DAERAH DALAM MEWAKILI ASPIRASI MASYARAKAT DAERAH MALUKU Dayanto dan; Asma Karim
TAHKIM Vol 10, No 1 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i1.70

Abstract

This research aims to analyze the parliament functions effectiveness of Regional Representative Council in representing the regional community aspirations of Maluku and the factors that influence it. The results of research showed that implementation of parliament functions of DPD RI is not effective due to: (a) the design of DPD RI formal-constitutional authority that tends putting the existence of DPD RI parliament functions which subordinate in relation to DPR RI as chamber system in Indonesian parliament; (b) insufficient ability of DPD RI member as Representative of Maluku in fighting for the community aspirations of Maluku to be product of institutional decision of DPD RI; (c) has not been formulated the strategic planning document of DPD RI Representative of Maluku in accordance with the membership period to become the performance basis for implementing the parliament functions; and (d) has not been functioning the supporting system in form of the representative offices of DPD RI as “aspiration home” for the local community of Maluku which caused an impermanent office facilities. Key words: Function parliament, DPD, aspirations of local communities
Co-Authors Dayanto dan