Search results for: Anny Retnowati
5 The Consequences of Complaint Offenses against Copyright Protection
Authors: Chryssantus Kastowo, Theresia Anita Christiani, Anny Retnowati
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Copyright infringement as a form of infringement does not always mean causing harm to the creator. This can be proven with so many copyright violations in society and there is no significant law enforcement effort when compared with the violations that occurred. Copyright law as a form of appreciation from the state to the creator becomes counter productive if there is omission of violations. The problem raised in this article is how is the model of copyright regulation in accordance with the purpose of the law of copyright protection. This article is based on normative legal research focusing on secondary data. The analysis used is a conceptual approach. The analysis shows that the regulation of copyright emphasizes as a subjective right that is wholly within the author's power. This perspective will affect the claim of rights by the creator or allow violations. The creator is obliged to maintain the overall performance of copyright protection, especially in the event of a violation.Keywords: copyright, enforcement, law, violation
Procedia PDF Downloads 1344 Access to Health Data in Medical Records in Indonesia in Terms of Personal Data Protection Principles: The Limitation and Its Implication
Authors: Anny Retnowati, Elisabeth Sundari
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This research aims to elaborate the meaning of personal data protection principles on patient access to health data in medical records in Indonesia and its implications. The method uses normative legal research by examining health law in Indonesia regarding the patient's right to access their health data in medical records. The data will be analysed qualitatively using the interpretation method to elaborate on the limitation of the meaning of personal data protection principles on patients' access to their data in medical records. The results show that patients only have the right to obtain copies of their health data in medical records. There is no right to inspect directly at any time. Indonesian health law limits the principle of patients' right to broad access to their health data in medical records. This restriction has implications for the reduction of personal data protection as part of human rights. This research contribute to show that a limitaion of personal data protection may abuse the human rights.Keywords: access, health data, medical records, personal data, protection
Procedia PDF Downloads 933 The Meaning of the Best Interests of the Child in Indonesia’s Rampant Phenomenon of Child Marriage
Authors: Elisabeth Sundari, Anny Retnowati
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This research aims to examine the meaning of 'the best interests of the child' in Indonesia's rampant phenomenon of child marriage. The methodology used empirical and normative legal research by examining the parent's reason and the judges' considerations in granting child marriage dispensation applications. It takes data samples from judges' decisions purposively in two courts that differ in geographical and religious backgrounds to see data variation. Namely, the District Court and Religious Court of Yogyakarta City, as well as Gunung Kidul Regency, in the last three years (2020-2022). It analyses the data qualitatively to explore how judges interpreted 'the best interests of the child' in their decision. The results show that judges granted 100% of all child marriage dispensation applications filed by parents. The three reasons parents gave for applying for dispensation were that they were ashamed of having a pregnant child without being married, followed religious teachings, and obtained legal status for the baby. The judges supported those reasons by granting the dispensation application. The external factor of the child itself influenced the meaning of 'The best interests of the child' in marrying off children in Indonesia, such as cultural taboos, religious teachings, and obtaining legal status for the baby, rather than internal factors of the child, such as the will to marry, the mental and psychological readiness of the child to become a mother, as well as a wife. This research contributes to the finding that external factors, such as local culture and religion, can influence the meaning of 'the best interests of the child.'Keywords: interests, child, Indonesia, marriage
Procedia PDF Downloads 712 Societal Acceptability Conditions of Genome Editing for Upland Rice in Madagascar
Authors: Anny Lucrece Nlend Nkott, Ludovic Temple
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The appearance in 2012 of the CRISPR-CaS9 genome editing technique marks a turning point in the field of genetics. This technique would make it possible to create new varieties quickly and cheaply. Although some consider CRISPR-CaS9 to be revolutionary, others consider it a potential societal threat. To document the controversy, we explain the socioeconomic conditions under which this technique could be accepted for the creation of a rainfed rice variety in Madagascar. The methodological framework is based on 38 individual and semistructured interviews, a multistakeholder forum with 27 participants, and a survey of 148 rice producers. Results reveal that the acceptability of genome editing requires (i) strengthening the seed system through the operationalization of regulatory structures and the upgrading of stakeholders' knowledge of genetically modified organisms, (ii) assessing the effects of the edited variety on biodiversity and soil nitrogen dynamics, and (iii) strengthening the technical and human capacities of the biosafety body. Structural mechanisms for regulating the seed system are necessary to ensure safe experimentation of genome editing techniques. Organizational innovation also appears to be necessary. The study documents how collective learning between communities of scientists and nonscientists is a component of systemic processes of varietal innovation. This study was carried out with the financial support of the GENERICE project (Generation and Deployment of Genome-Edited, Nitrogen-use-Efficient Rice Varieties), funded by the Agropolis Foundation.Keywords: CRISPR-CaS9, varietal innovation, seed system, innovation system
Procedia PDF Downloads 1541 Application of Continuum Damage Concept to Simulation of the Interaction between Hydraulic Fractures and Natural Fractures
Authors: Anny Zambrano, German Gonzalez, Yair Quintero
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The continuum damage concept is used to study the interaction between hydraulic fractures and natural fractures, the objective is representing the path and relation among this two fractures types and predict its complex behavior without the need to pre-define their direction as occurs in other finite element applications, providing results more consistent with the physical behavior of the phenomenon. The approach uses finite element simulations through Abaqus software to model damage fracturing, the fracturing process by damage propagation in a rock. The modeling the phenomenon develops in two dimensional (2D) so that the fracture will be represented by a line and the crack front by a point. It considers nonlinear constitutive behavior, finite strain, time-dependent deformation, complex boundary conditions, strain hardening and softening, and strain based damage evolution in compression and tension. The complete governing equations are provided and the method is described in detail to permit readers to replicate all results. The model is compared to models that are published and available. Comparisons are focused in five interactions between natural fractures (NF) and hydraulic fractures: Fractured arrested at NF, crossing NF with or without offset, branching at intersecting NFs, branching at end of NF and NF dilation due to shear slippage. The most significant new finding is, that is not necessary to use pre-defined addresses propagation and stress condition can be evaluated as a dominant factor in the process. This is important because it can model in a more real way the generated complex hydraulic fractures, and be a valuable tool to predict potential problems and different geometries of the fracture network in the process of fracturing due to fluid injection.Keywords: continuum damage, hydraulic fractures, natural fractures, complex fracture network, stiffness
Procedia PDF Downloads 343