Search results for: indonesian marriage law
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 545

Search results for: indonesian marriage law

455 Experiences of Marital Relationship of Middle-Aged Couples in Hong Kong: Implications for Services Interventions

Authors: Wai M. Shum

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There was evidence that the change of marital quality satisfaction was related to the different stages of the family life cycle. Research studies have been largely based on western contexts, which found a curvilinear U-shaped trend in changes of marital satisfaction over the course of a marriage, but little is known about the marital experiences of Hong Kong couples. Through in-depth interviews, this qualitative study explored the marital relationship of middle-aged couples in a satisfying marriage and to identify how couples maintain a satisfying relationship in the local context. Findings from this study suggested twelve themes with some showing consistency with previous literature, such as communication, companionship, trust, and fidelity. The affective aspects of empathetic understanding and perceived empathy were found to have an enormous effect on couples’ bondedness. The high level of differentiation and security served as a basis for unconditional contribution, acceptance, and adjustment to unsolvable issues such that negative emotion would not be escalated. The manifestations of intimacy and commitment in the triangular theory of love were more frequently addressed than passion in striving for marital longevity in the local context. This study challenged the curvilinear trend of marital satisfaction throughout marriage, with couples showing different pathways of marital satisfaction. The study gave insights on martial enrichment, such as facilitating couples to disclose their vulnerabilities, desire for physical intimacy, and passion in the pursuit of enduring marriage instead of an emphasis on skills training on communication and conflict resolution.

Keywords: intimacy, marital relationship, marital satisfaction, middle-aged

Procedia PDF Downloads 87
454 Integrated Farming Barns as a Strategy for National Food Security

Authors: Ilma Ulfatul Janah, Ibnu Rizky Briwantara, Muhammad Afif

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The agricultural sector is one of the sectors that contribute to national development. The benefit of the agricultural sector can be felt directly by the majority of Indonesian people. Indonesia is one of the agricultural countries and most of the people working in the agricultural sector. Hence, the agricultural sector’s become the second sector which has contributed greatly to the growth of Gross Domestic Product (GDP) after the manufacture sector. Based on the National Medium Term Development Plan (RPJMN) from 2015 to 2019, one of the targets to be achieved by the Indonesian government is rice’s self-sufficient. Rice is the main food commodities which as most people in Indonesia, and it is making Indonesian government attempt self-sufficient in rice. Indonesia as an agricultural country becomes one of the countries that have a lower percentage of food security than other ASEAN countries. Rice self-sufficiency can be created through agricultural productivity and the availability of a market for the output. There are some problems still to be faced by the farmers such as farmer exchange rate is low. The low exchange rate of farmers showed that the level of the welfare’s Indonesian farmers is still low. The aims of this paper are to resolve problems related to food security and improve the welfare of the national rice farmers. The method by using materials obtained from the analysis of secondary data with the descriptive approach and conceptual framework. Integrated Farmers barn raising rice production is integrated and managed by the government coupled with the implementation of technology in the form of systems connected and accessible to farmers, namely 'SIBUNGTAN'.

Keywords: agriculture, self-sufficiency, technology, productivity

Procedia PDF Downloads 220
453 A Boundary-Fitted Nested Grid Model for Modeling Tsunami Propagation of 2004 Indonesian Tsunami along Southern Thailand

Authors: Fazlul Karim, Esa Al-Islam

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Many problems in oceanography and environmental sciences require the solution of shallow water equations on physical domains having curvilinear coastlines and abrupt changes of ocean depth near the shore. Finite-difference technique for the shallow water equations representing the boundary as stair step may give inaccurate results near the coastline where results are of greatest interest for various applications. This suggests the use of methods which are capable of incorporating the irregular boundary in coastal belts. At the same time, large velocity gradient is expected near the beach and islands as water depth vary abruptly near the coast. A nested numerical scheme with fine resolution is the best resort to enhance the numerical accuracy with the least grid numbers for the region of interests where the velocity changes rapidly and which is unnecessary for the away of the region. This paper describes the development of a boundary fitted nested grid (BFNG) model to compute tsunami propagation of 2004 Indonesian tsunami in Southern Thailand coastal waters. In this paper, we develop a numerical model employing the shallow water nested model and an orthogonal boundary fitted grid to investigate the tsunami impact on the Southern Thailand due to the Indonesian tsunami of 2004. Comparisons of water surface elevation obtained from numerical simulations and field measurements are made.

Keywords: Indonesian tsunami of 2004, Boundary-fitted nested grid model, Southern Thailand, finite difference method

Procedia PDF Downloads 404
452 Exploring the Prevailing Unfairness in Muslim Marriage and Divorce Laws in Singapore's Dual Court System

Authors: J. Jayaletchmi

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In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

Procedia PDF Downloads 228
451 Social Workers' Perspectives on Muslim Parents with Intellectual Disabilities

Authors: Ayelet Gur

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Background: Parents with intellectual disability are of great interest to social service professionals. Article 23 of the United Nations Convention on the Rights of Persons with Disabilities aims to ensure that persons with disabilities can create a family by providing adequate supports. The aim of the current investigation was to portray families with parents with intellectual disabilities within Muslim- Arab society in Israel. Method: Qualitative method using semi-structured interviews with nine-teen Muslim Israeli social workers was employed. Thematic analysis was used to identify major themes. Results: Families with parents with intellectual disability are not a rare phenomenon in the Arab society. The common type is of marriage between a man with intellectual disability and a woman without disability. Findings indicated two main motives for the arranged marriage of a man with intellectual disability: the extended family's concerns about his future and their desire for the family continuity. The non-disabled wives' motives for marrying men with intellectual disabilities revolved around their lack of other opportunities to create a family and their desire to leave their parents' household and live independently. Those women were described as partly or fully aware of their husbands' disability prior to the marriage. The family life of those families were described in relation to the fathers' involvement in family life and relation to the wives' high burden and in many cases, acceptance of their life situation. Conclusions: Findings are discussed with respect to religious values on disability, arranged marriage and the status of Muslim women. Services and supports for parents with intellectual disabilities should be developed with respect to the cultural values and norms.

Keywords: Arab society in Israel, intellectual and developmental disability, parents with intellectual disability, social work

Procedia PDF Downloads 124
450 The Challenges of Decentralised Education Policy for Teachers in Indonesian Contexts

Authors: Ahmad Ardillah Rahman

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The decentralisation policy in education has been a trend in some countries in the last two decades. In Indonesia, the implementation of the policy has been introduced since 2003 with the occurrence of School-Based Management policy. The reform has affected the way principals and teachers should involve in school practices in which more autonomies and flexibilities are given to teachers in conducting their teaching practices. Almost 13 years since the policy was firstly introduced, the government and teachers in Indonesia still face some obstacles in maximising the potential benefits of the implementation of the decentralised education system. This study, thus, critically analyses the challenges of decentralised education policy for teachers in Indonesian education context. The purposes of this study are threefold. Firstly, it will explore the history of policy transformation from a centralised to a decentralised education policy. Secondly, it points out the advantages of the decentralised policy implementation. The last, it provides a comprehensive description of challenges faced by Indonesian teachers with the new roles in designing and implementing a curriculum. By using data from existing surveys and research, this study concludes that to successfully implement the transformation in the educational reform of Indonesia, continual and gradual teachers’ training, professional career pathway, and local monitoring for teachers should be developed and strengthened.

Keywords: curriculum design, decentralisation, school-based management, teachers’ autonomy

Procedia PDF Downloads 292
449 Oral Sex Practice among Men Who Have Sex with Men: A Cross-Sectional Study in Indonesian Urban Settings

Authors: I Putu Yuda Hananta, Inke Kusumastuti

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The latest Indonesian Biology and Behavior Surveillance (IBBS) conducted by Indonesian Ministry of Health reported a large proportion of men who have sex with men (MSM) engaging in oral sex in their recent sexual history. While it is considered as a pleasuring and safe, oral sex might facilitate the transmission of various sexually transmitted infection (STI) pathogens. This study was aimed to investigate the oral sex practice among MSM in Indonesian urban settings to help delineate demographic and behavior determinants of such practice. In 2014, 501 MSM in 8 clinic-based and outreach STI services were recruited in Jakarta, Yogyakarta and Denpasar, Indonesia. Respondents completed a self-administered questionnaire inquiring about their demographics and sexual history. Median age (interquartile range) of the respondents was 27 (24-30) years; most completed senior high school (54.3%), worked in informal jobs (57.9%), and single (60.9%); and 32.3% reported receiving money in exchange for sex. Oral sex was practiced by most respondents: insertive only (10.0%), receptive only (6.0%), and both (82.4%). A separate multivariable analysis was performed using logistic regression to identify the determinants for receptive and insertive oral sex. Factors associated with receptive oral sex were having more than 10 sex partner(s) in the preceding 6 months vs 1 partner, adjusted odds ratio (aOR) [95% CI]=3.40 [1.22-9.42], p=0.03; and history of receptive-insertive anal sex vs no history, aOR=4.37 [1.76-10.82], p=0.01. Factors associated with insertive oral sex were receiving money for sex vs. not receiving, aOR=2.98 [1.10-8.04], p=0.02; and history of receptive-insertive anal sex vs. no history, aOR=2.10 [0.51-8.74], p<0.001. Only a few respondents reported consistent condom use (11.6% and 12.0% for receptive and insertive oral sex, respectively). Our findings demonstrated that while oral sex is a common practice among MSM, the consistency of condom use in oral sex is very low. In addition, certain sex behavior (number of sex partners, sex work and history of anal sex) were associated with oral sex, and this might need to be addressed during health promotion efforts on STI prevention through oral-genital contact.

Keywords: behavior, Indonesia, men who have sex with men, oral sex

Procedia PDF Downloads 216
448 Efficiency, Effectiveness, and Technological Change in Armed Forces: Indonesian Case

Authors: Citra Pertiwi, Muhammad Fikruzzaman Rahawarin

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Government of Indonesia had committed to increasing its national defense the budget up to 1,5 percent of GDP. However, the budget increase does not necessarily allocate efficiently and effectively. Using Data Envelopment Analysis (DEA), the operational units of Indonesian Armed Forces are considered as a proxy to measure those two aspects. The bootstrap technique is being used as well to reduce uncertainty in the estimation. Additionally, technological change is being measured as a nonstationary component. Nearly half of the units are being estimated as fully efficient, with less than a third is considered as effective. Longer and larger sets of data might increase the robustness of the estimation in the future.

Keywords: bootstrap, effectiveness, efficiency, DEA, military, Malmquist, technological change

Procedia PDF Downloads 278
447 Identifying Self-Disclosure in Indonesian Reality Show: A Comprehensive Study

Authors: Dwi Ashari

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This study attempts to disclose people’s privacy in Indonesian media. Many television (henceforth: TV) programs have shown the exposure of people’s privacy. People, not only celebrities, who appear in TV program often, share their life to the participants to get very intimate self-disclosure with them. Indonesia, as one of the countries with highest population, has many people who watch television everyday. This can be the major factor for some TV stations to create a program to get people’s attention to gain more profit. This study examines some factors of Indonesia TV programs that share the people’s privacy. The relation of privacy in Indonesia TV programs will be related to the concept of self-disclosure and intimacy between the people who share and watch the programs.

Keywords: Indonesia, media, privacy, self-disclosure

Procedia PDF Downloads 307
446 The Social Structuring of Mate Selection: Assortative Marriage Patterns in the Israeli Jewish Population

Authors: Naava Dihi, Jon Anson

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Love, so it appears, is not socially blind. We show that partner selection is socially constrained, and the freedom to choose is limited by at least two major factors or capitals: on the one hand, material resources and education, locating the partners on a scale of personal achievement and economic independence. On the other, the partners' ascriptive belonging to particular ethnic, or origin, groups, differentiated by the groups' social prestige, as well as by their culture, history and even physical characteristics. However, the relative importance of achievement and ascriptive factors, as well as the overlap between them, varies from society to society, depending on the society's structure and the factors shaping it. Israeli social structure has been shaped by the waves of new immigrants who arrived over the years. The timing of their arrival, their patterns of physical settlement and their occupational inclusion or exclusion have together created a mosaic of social groups whose principal common feature has been the country of origin from which they arrived. The analysis of marriage patterns helps illuminate the social meanings of the groups and their borders. To the extent that ethnic group membership has meaning for individuals and influences their life choices, the ascriptive factor will gain in importance relative to the achievement factor in their choice of marriage partner. In this research, we examine Jewish Israeli marriage patterns by looking at the marriage choices of 5,041 women aged 15 to 49 who were single at the census in 1983, and who were married at the time of the 1995 census, 12 years later. The database for this study was a file linking respondents from the 1983 and the 1995 censuses. In both cases, 5 percent of household were randomly chosen, so that our sample includes about 4 percent of women in Israel in 1983. We present three basic analyses: (1) Who was still single in 1983, using personal and household data from the 1983 census (binomial model), (2) Who married between 1983 and a1995, using personal and household data from the 1983 census (binomial model), (3) What were the personal characteristics of the womens’ partners in 1995, using data from the 1995 census (loglinear model). We show (i) that material and cultural capital both operate to delay marriage and to increase the probability of remaining single; and (ii) while there is a clear association between ethnic group membership and education, endogamy and homogamy both operate as separate forces which constraint (but do not determine) the choice of marriage partner, and thus both serve to reproduce the current pattern of relationships, as well as identifying patterns of proximity and distance between the different groups.

Keywords: Israel, nuptiality, ascription, achievement

Procedia PDF Downloads 89
445 Safety, Healthy, Intact, and Halal as New Indonesia Policy on Food Security and Safety to Support SDG'S: Sustainable Development Goals

Authors: Ramadhan Febriansyah, Sarah Novianti, Santi Agustini

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Indonesia is a big country with Moslem population. The government must fulfill all needs of the people. However, we do not have a good policy yet especially on healthy, safety and halal food. We try to offer a new solution to overcome this with ASUH (Aman, Sehat, Utuh, Halal) or in English is SHIH (Safe, Healthy, Intact, Halal) as alternative Indonesian policy on food security. This policy is Indonesian Government’s commitment to support Sustainability Development Goals program for the zero hunger (end hunger, to achieve food security and improved nutrition for Indonesian people, of course, to promote sustainable agriculture). Hopefully, it not only can increasing quality on food especially on livestock goods (meat, egg, milk) but also to guarantee the halal food. However, this policy can be an example to others country especially Moslem countries to support SDG’s programs. This research conducted means of the descriptive method; the authors find compare the secondary data obtained from journals, textbook and scientific articles in order to determine the factors that influence food safety and food security. Relevant data used and contain a description of SDG’s as well as about the system food safety and food security that SHIH (Safe, Healthy, Intact and Halal) so these ideas can be implemented.

Keywords: food safety, food security, food sovereignty, halal SDG's

Procedia PDF Downloads 350
444 Cultural Aspect Representation: An Analysis of EFL Textbook Grade 10 Years 2017 in Indonesia

Authors: Soni Ariawan

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The discourse of language and culture relation is an interesting issue to be researched. The debate is not about what comes first, language or culture, but it strongly argues that learning foreign language also means learning the culture of the language. The more interesting issue found once constructing an EFL textbook dealing with proportional representation among source culture, target culture and international culture. This study investigates cultural content representation in EFL textbook grade 10 year 2017 in Indonesia. Cortazzi and Jin’s theoretical framework is employed to analyse the reading texts, conversations, and images. The finding shows that national character as the main agenda of Indonesian government is revealed in this textbook since the textbook more frequently highlights the source culture (Indonesian culture) compared to target and international culture. This is aligned with the aim of Indonesian government to strengthen the national identity and promoting local culture awareness through education. To conclude, the study is expected to be significant in providing the idea for government to consider cultural balances representation in constructing textbook. Furthermore, teachers and students should be aware of cultural content revealed in the EFL textbook and be able to enhance intercultural communication not only in the classroom but also in a wider society.

Keywords: EFL textbook, intercultural communication, local culture, target culture, international culture

Procedia PDF Downloads 193
443 Humanity in Public Policy: The Polemic of Death Penalty Policy in Indonesia

Authors: Alvian R. E. Purnomo, K. Noni Srijati, Hernawan Adi

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Government regulation is a result of agreement on the struggle of ideas, interests, and ideologies among elites in state institution. The polemic about death penalty policy in Indonesia is still becoming an interesting discussion and also a complex issue. There are pros/ cons of whether the policy is humane or not. Indonesia becomes the concern of the world’s community because the policy of death penalty applied is considered not reflecting the values of Indonesian culture including tolerance, mutual cooperation, and love. This paper examines them using literature study on how public policy theories respond to humanity issues and how Indonesian government should take steps to the issue of the death penalty that has become polemic until now.

Keywords: government regulation, public policy, death penalty policy, humanity

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442 Intercultural Competence, (Im)Politeness and the Use of Social Media during the Intercultural Adjustment Period of Indonesian Postgraduate Students in the UK

Authors: Erizal Lugman

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To achieve their academic goals whilst studying abroad, international students must successfully adjust to cross-cultural differences. As a result, they need to develop new abilities including intercultural competence and politeness in order to effectively communicate with different languages and cultures. (Im)politeness is also an essential aspect of intercultural competence which is vital for effective intercultural communication. This study seeks to integrate different aspects of intercultural competence, (im)politeness and the use of social media platforms which is solely focused on Indonesian students studying in the UK. Using a purposive sampling method, participants will be recruited to address the research questions who will all be volunteers and have lived in Britain for at least six months or who have passed the cultural adjustment period. Using a range of quantitative and qualitative methods, in this respect, participants will be recruited and asked to relate the intercultural experiences they encountered during the cultural adjustment period through the use of e-portfolios, interviews, and critical reflection. This will be followed by online surveying from the Indonesian participants' point of view using the cross-cultural adaptability inventory (CCAI), which aims to measure the individual potential for cross-cultural adaptability. A discursive approach will be employed which aims to focus on analysing (im)politeness as reported and narrated by the participants.

Keywords: im)politeness, intercultural communication, intercultural competence, social media

Procedia PDF Downloads 104
441 Dynamics of Smallholder Farmer Adoption of High Value Horticultural Crops in Indonesia

Authors: Suprehatin Suprehatin

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Improving the participation of smallholder farmers in horticultural value chains to benefit from the rapidly growing demand for high-value agricultural products is one strategy for raising farm income. However, smallholder farmer participation in Indonesian horticultural value chains is under-researched. To address this knowledge gap, this study aims to describe the current status of horticultural crop adoption in Indonesia and analyze the motivations and dynamics of smallholder farmer participation in horticultural value chains: why some small farmers join these new and potentially profitable chains and continue their participation. This study also examines the characteristics of farmers who adopted and those who did not adopt a new horticultural crop with respect to the household (farmer), farm and institutional characteristics. The analysis was conducted using unique data from a 2013 survey of 960 Indonesian farmers on Java Island that produce a variety of agricultural products. Basic statistical analysis showed relatively low adoption rates (10%) of new horticultural crops amongst 960 selected Indonesian farmers with different decisions made in terms of number and timing of new horticultural crop adoption. Adopters were motivated mainly by higher profit, higher yield, and more cash opportunities. The result also showed that current low rates of horticultural crop adoption are associated with a variety of factors, such as lower levels of education among farmers, resource constraints, lack of information on horticultural crop production and low participation in farmer groups. These findings will be helpful for policymakers when designing policies and programs to promote greater participation of Indonesian smallholder farmers in horticultural value chains. In other words, a revitalisation of agricultural policy beyond staple food is important to seize potential benefits from the ongoing agricultural food market transformation.

Keywords: farmer adoption, high value, horticultural crops, Indonesia

Procedia PDF Downloads 251
440 Computer-Based versus Paper-Based Tests: A Comparative Study of Two Types of Indonesian National Examination for Senior High School Students

Authors: Faizal Mansyur

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The objective of this research is to find out whether there is a significant difference in the English language scores of senior high school students in the Indonesia National Examination for students tested by using computer-based and paper-based tests. The population of this research is senior high school students in South Sulawesi Province who sat the Indonesian National Examination for 2015/2016 academic year. The samples of this research are 800 students’ scores from 8 schools taken by employing the multistage random sampling technique. The data of this research is a secondary data since it is obtained from the education office for South Sulawesi. In analyzing the collected data, the researcher employed the independent samples T-Test with the help of SPSS v.24 program. The finding of this research reveals that there is a significant difference in the English language scores of senior high school students in the Indonesia National Examination for students tested by using computer-based and paper-based Tests (p < .05). Moreover, students tested by using PBT (Mean = 63.13, SD = 13.63) achieve higher score than those tested by using CBT (Mean = 46.33, SD = 14.68).

Keywords: computer-based test, paper-based test, Indonesian national examination, testing

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439 Marketing Strategy Implementation in Developing Sharia Tourism in Indonesia

Authors: Santi Mutiara Asih, Sinta Kemala Asih

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Along with the development of tourism in Indonesia, which is increasingly a lot of domestic and foreign public interest in sharia tourism, the Indonesian government is currently developing the program. It was seen that this program would have a good impact, especially for Indonesian tourism. So it is necessary to develop appropriate marketing strategies. Then to develop tourism prospects sharia government could use such a marketing strategy, for instance, marketing mix and Segmenting, Targeting, and Positioning (STP). The marketing mix is a set of marketing tools used by a state or a company to continue achieving its marketing objectives in target market. STP is the most important initial step in identifying customer value. In such away, it is expected from the use of this strategy could make sharia tourism as a market leader in the field of tourism in Indonesia, it also could attract more tourists to visit and increase economic returns.

Keywords: STP, marketing mix, market leader, sharia tourism

Procedia PDF Downloads 723
438 The Antidiabetic Properties of Indonesian Swietenia mahagoni in Alloxan-Induced Diabetic Rats

Authors: T. Wresdiyati, S. Sa’diah, A. Winarto

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Diabetes mellitus (DM) is a metabolic disease that can be indicated by the high level of blood glucose. The objective of this study was to observe the antidiabetic properties of ethanolic extract of Indonesian Swietenia mahagoni Jacq. seed on the profile of pancreatic superoxide dismutase and β-cells in the alloxan- experimental diabetic rats. The Swietenia mahagoni seed was obtained from Leuwiliang-Bogor, Indonesia. Extraction of Swietenia mahagoni was done by using ethanol with maceration methods. A total of 25 male Sprague dawley rats were divided into five groups; (a) negative control group, (b) positive control group (DM), (c) DM group that was treated with Swietenia mahagoni seed extract, (d) DM group that was treated with acarbose, and (e) non-DM group that was treated with Swietenia mahagoni seed extract. The DM groups were induced by alloxan (110 mg/kgBW). The extract was orally administrated to diabetic rats 500 mg/kg/BW/day for 28 days. The extract showed hypoglycemic effect, increased body weight, increased the content of superoxide dismutase in the pancreatic tissue, and delayed the rate of β-cells damage of experimental diabetic rats. These results suggested that the ethanolic extract of Indonesian Swietenia mahagoni Jacq. seed could be proposed as a potential anti-diabetic agent.

Keywords: beta cells, diabetes, hypoglycemic, rat, Swietenia mahagoni

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437 The Impact of Using Authentic Materials on Students' Motivation in Learning Indonesian Language as a Foreign Language

Authors: Ratna Elizabeth

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Motivation is a very important factor since it contributes a lot to the students’ success in learning a language. Using authentic materials is believed as a mean of increasing the motivation. The materials define as authentic if they are not specifically written for the purpose of language teaching. They are genuine spoken or written language data which are drawn from many different sources. The intention of this study is to investigate the impact of using of authentic materials on students’ motivation. A single case study is conducted to the grade 9 students who learn Indonesian Language as a Foreign Language (ILFL) at an international school in Jakarta, Indonesia. Questionnaires are also distributed to the students to know their perceptions on the using of authentic materials. The results show that the using of authentic materials has increased the students’ motivation in learning the language.

Keywords: authentic materials, ILFL, language learning, motivation

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436 Displaced People in International Marriage Law: Choice of Law and the 1951 Convention Relating to the Status of Refugees

Authors: Rorick Daniel Tovar Galvan

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The 1951 Convention relating to the status of refugees contains a conflict of law rule for the determination of the applicable law to marriage. The wording of this provision leaves much to be desired as it uses the domicile and the residence of the spouses as single main and subsidiary connecting factors. In cases where couples live in different countries, the law applicable to the case is unclear. The same problem arises when refugees are married to individuals outside of the convention’s scope of application. Different interpretations of this legal provision have arisen to solve this problem. Courts in a number of European countries apply the so-called modification doctrine: states should apply their domestic private international rules in all cases involving refugees. Courts shall, however, replace the national connecting factor by the domicile or residence in situations where nationality is used to determine the applicable law. The internal conflict of law rule will then be slightly modified in order to be applied according to the convention. However, this approach excludes these people from using their national law if they so desire. As nationality is, in all cases, replaced by domicile or residence as connecting factor, refugees are automatically deprived of the possibility to choose this law in jurisdictions that include the party autonomy in international marriage law. This contribution aims to shed light on the international legal framework applicable to marriages celebrated by refugees and the unnecessary restrictions to the exercise of the party autonomy these individuals are subjected to. The interest is motivated by the increasing number of displaced people, the significant number of states party to the Refugee Convention – approximately 150 – and the fact that more and more countries allow choice of law agreements in marriage law. Based on a study of German, Spanish and Swiss case law, the current practices in Europe, as well as some incoherencies derived from the current interpretation of the convention, will be discussed. The main objective is showing that there is neither an economic nor a legal basis to deny refugees the right to choose the law of their country of origin in those jurisdictions providing for this possibility to other foreigners. Quite the contrary, after analyzing other provisions contained in the conventions, this restriction would mean a contravention of other obligations included in the text.

Keywords: choice of law, conflict of laws, international marriage law, refugees

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435 The Conundrum of Marital Rape in Malawi: The Past, the Present and the Future

Authors: Esther Gumboh

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While the definition of rape has evolved over the years and now differs from one jurisdiction to another, at the heart of the offence remains the absence of consent on the part of the victim. In simple terms, rape consists in non-consensual sexual intercourse. Therefore, the core issue is whether the accused acted with the consent of the victim. Once it is established that the act was consensual, a conviction of rape cannot be secured. Traditionally, rape within marriage was impossible because it was understood that a woman gave irrevocable consent to sex with her husband throughout the duration of the marriage. This position has since changed in most jurisdictions. Indeed, Malawian law now recognises the offence of marital rape. This is a victory for women’s rights and gender equality. Curiously, however, the definition of marital rape endorsed differs from the standard understanding of rape as non-consensual sex. Instead, the law has introduced the concept of unreasonableness of the refusal to engage in sex as a defence to an accused. This is an alarming position that undermines the protection sought to be derived from the criminalisation of rape within marriage. Moreover, in the Malawian context where rape remains an offence only men can commit against women, the current legal framework for marital rape perpetuates the societal misnomer that a married woman gives a once-off consent to sexual intercourse by virtue of marriage. This takes us back to the old common law position which many countries have moved away from. The present definition of marital rape under Malawian law also sits at odd with the nature of rape that is applicable to all other instances of non-consensual sexual intercourse. Consequently, the law fails to protect married women from unwanted sexual relations at the hands of their husbands. This paper critically examines the criminalisation of marital rape in Malawi. It commences with a historical account of the conceptualisation of rape and then looks at judgments that rejected the validity of marital rape. The discussion then moves to the debates that preceded the criminalisation of marital rape in Malawi and how the Law Commission reasoned to finally make a recommendation in its favour. Against this background, the paper analyses the legal framework for marital rape and what this means for the elements of the offence and defences that may be raised by an accused. In the final analysis, this contribution recommends that there is need to amend the definition of marital rape. Better still, the law should simply state that the fact of marriage is not a defence to a charge of rape, or, in other words, that there is no marital rape exemption. This would automatically mean that husbands are subjected to the same criminal law principles as their unmarried counterparts when it comes to non-consensual sexual intercourse with their wives.

Keywords: criminal law, gender, Malawi, marital rape, rape, sexual intercourse

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434 The Implementation of Social Responsibility with the Approach of Indonesian Realistic Mathematics Education in Teaching and Learning Mathematics on Students' Engagement and Learning

Authors: Nurwati Djaman, Suradi Tahmir, Nurdin Arsyad

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The major objective of this study was to implement and evaluate the use of the implementation of social responsibility with the approach of Indonesian Realistic Mathematics Education (PMRI) in teaching and learning mathematics on students’ engagement and learning. The research problems investigated in this research: 1) What were the effects of the implementation of social responsibility with PMRI approach to learning mathematics? 2) What were the effects of the approach to students’ engagement? An action research and grounded theory methodology were adopted for the study. This study used mixed methods to collect, describe, and interpret the data. The data were collected through focus group discussion, classroom observations, questionnaire, interview, and students’ work. The participants in this study consisted of 45 students. The study revealed that the approach has given students the opportunity to develop their understanding of concepts and procedures, problem-solving ability, and communication ability. Also, students’ involvement in the approach improved their engagement in learning mathematics in the three domains of cognitive engagement, effective engagement, and behavioral engagement. In particular, the data collection from the focus group, classroom observations, and interviews suggest that, during this study, the students became more active participants in the mathematics lessons.

Keywords: Indonesian Realistic Mathematics Education, PMRI, learning mathematics, social responsibility, students' engagement

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433 Human Rights Abuse in the Garment Factory in Bekasi Indonesia

Authors: Manotar Tampubolon

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Although the Indonesian human rights protection has increased in recent years, but human rights violations still occur in the industrial sector. Crimes against human rights continue to occur and go unnoticed in spite of the government's legislation on human rights, employment law in addition to an international treaty that has been ratified by Indonesia. The increasing number of garment companies in Bekasi, also give rise to increased human rights violations since the government does not have a commitment to protect it. The Indonesian government and industry owners should pay attention to and protect the human rights of workers and treat them accordingly. This paper will review the human rights violations experienced by workers at garment factories in the context of the law, as well as ideas to improve the protection of workers' rights.

Keywords: human rights protection, human rights violations, workers’ rights, justice, security

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432 Understanding the Life Experience of Middle Class Married Women Betrayal

Authors: Sara Sharifi Yazdi

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The main purpose of this study is to find out about the reasons and the ways of middle-class married women betrayal via their living world. This is qualitative research, so deep semi-structured, episodic interview techniques and observation techniques were used to collect data; meanwhile, the basic theory method was used to analyze the data. The sample in this research includes 34 women with emotional and sexual relationships out of marriage. The results indicate that some set of conditions created the first spark of change in their opinions. These changes are empowered through both experiences of tolerance and exclusion, so strategies such as distance, compulsive tolerance, counteract, etc. have been used for reacting by the people in this study; besides some of the other consequences of betrayal which can be named are lack of comfort, feeling of deprivation, violence, labeling, guilty feelings of grief, and so on.

Keywords: living world, rejection, admission, betrayal, sexual relationship, marriage

Procedia PDF Downloads 115
431 Extracting Opinions from Big Data of Indonesian Customer Reviews Using Hadoop MapReduce

Authors: Veronica S. Moertini, Vinsensius Kevin, Gede Karya

Abstract:

Customer reviews have been collected by many kinds of e-commerce websites selling products, services, hotel rooms, tickets and so on. Each website collects its own customer reviews. The reviews can be crawled, collected from those websites and stored as big data. Text analysis techniques can be used to analyze that data to produce summarized information, such as customer opinions. Then, these opinions can be published by independent service provider websites and used to help customers in choosing the most suitable products or services. As the opinions are analyzed from big data of reviews originated from many websites, it is expected that the results are more trusted and accurate. Indonesian customers write reviews in Indonesian language, which comes with its own structures and uniqueness. We found that most of the reviews are expressed with “daily language”, which is informal, do not follow the correct grammar, have many abbreviations and slangs or non-formal words. Hadoop is an emerging platform aimed for storing and analyzing big data in distributed systems. A Hadoop cluster consists of master and slave nodes/computers operated in a network. Hadoop comes with distributed file system (HDFS) and MapReduce framework for supporting parallel computation. However, MapReduce has weakness (i.e. inefficient) for iterative computations, specifically, the cost of reading/writing data (I/O cost) is high. Given this fact, we conclude that MapReduce function is best adapted for “one-pass” computation. In this research, we develop an efficient technique for extracting or mining opinions from big data of Indonesian reviews, which is based on MapReduce with one-pass computation. In designing the algorithm, we avoid iterative computation and instead adopt a “look up table” technique. The stages of the proposed technique are: (1) Crawling the data reviews from websites; (2) cleaning and finding root words from the raw reviews; (3) computing the frequency of the meaningful opinion words; (4) analyzing customers sentiments towards defined objects. The experiments for evaluating the performance of the technique were conducted on a Hadoop cluster with 14 slave nodes. The results show that the proposed technique (stage 2 to 4) discovers useful opinions, is capable of processing big data efficiently and scalable.

Keywords: big data analysis, Hadoop MapReduce, analyzing text data, mining Indonesian reviews

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430 The Influence of Marxism Theory in Malaka's Perspective in Indonesia

Authors: Farhan Alam Farhan Alam, Fatah Nugroho, Setyawan Wahyu Pradana

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Tan Malaka was a great Indonesian Marxism thinker. His idea of Marxism give encouragement to the struggle for Indonesian independence. Furthermore, it refers to what Marx said as the flexibility of a Marxist. Tan Malaka developed the Marxist theory against what have already existed so that Marxism can be harmonized and compatible with the context of Indonesia. For example, Tan Malaka initiated the cooperation between the Marxist movement and Pan-Islamism. The collaboration of Islam with Marxism which is so contradictive at that time was seen by Tan Malaka as a necessity in order to against capitalism. By using study literature and historiography methods, this paper attempts to analyze the application of the Marxism theory in the Tan Malaka’s perspective in Indonesia today in order to counter capitalism currently. His perspective combines Marxism with Islam as a solid collaboration of ideology.

Keywords: Indonesia, Marxism, Islam, Marxist theory, Tan Malaka

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429 Access to Justice for Persons with Intellectual Disabilities in Indonesia: Case and Problem in Indonesian Criminal Justice System

Authors: Fines Fatimah, SH. MH.

Abstract:

Indonesia is one of the countries that has ratified the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities). The ratification of this convention brings consequences on the adjustment of national legislation with the UNCRPD convention, where this ratification at the same time is a measure in the eyes of the international community that a state party could be consistent with the issues and problems of disability. Persons with disabilities often have little access to justice when they are forced to deal with the criminal justice system. Pursuit of justice through litigation are often not in their favor, therefore without any awareness of law enforcement/awareness of disability will further complicate access to justice for persons with disabilities. Under Article 13 of the UNCRPD, it appeared that the convention requires ratifying states to guarantee equal opportunity and treatment in justice for persons with disabilities. The States should also ensure that any judicial rules must be adapted to the circumstances of persons with disabilities so that people with disabilities can fully participate in all stages of the trial court and, for example, as a witness. Finally, the state must provide training to understand these persons with disabilities (for those who work in the judiciary institution such as police or prison officials). Further, this paper aims to describe problem faced by persons with intellectual disabilities to access justice in Indonesian Criminal Justice System. This paper tries to find and propose the alternative solutions to promote the quality of law enforcement in Indonesia, especially for persons with intellectual disabilities.

Keywords: access to justice, Indonesian criminal justice system, intellectual disability, ratifying states

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428 ASEAN Air Transport Liberalization and Its Impact to Indonesian Air Service

Authors: Oentoeng Wahjoe

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Liberalisation of air transportation practically is known as open sky policy. In the practice, the liberalisation of air transportation is divided into two group of services, i.e.: air transportation services, for passengers and goods (air service) which is categorized as hard rights and supporting services of the air transportation services (ancillary services) which is categorized as soft rights. The research in this paper focused in air transportation services for passengers and goods, consists of nine freedom of the air. The impact of the policy such as the Agreement regarding ASEAN open sky policy, is the readiness of Indonesian air transportation companies to compete with foreign air transportation companies. The goverment of Indonesia has to regulate the implementation of ASEAN Open Sky Policy to be projected in order to comply with national development, i.e. the function of air law in national development. The policy has been implemented by enact or amend the existing law as air law that regulate flight lines, the following provisions: To regulate flight line for foreign airlines to open flight lines in Indonesia region which may not or have not land and sea transportation. The regulation is intended to supprot mobility of humans, goods and services that may fulfil the needs of the people of Indonesia, which materially and spiritually and the development of the region. The regulation of flight lines of foreign air transportation for region of tourism, industrial and trade centre. The regulation is intended to support the national economic development of Indonesia.

Keywords: transport, liberalization, impact, Indonesian air service

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427 Coping Resource Triad, Experiences of Filipina Wives in Japan

Authors: Maria Luisa T. Uayan

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This study aims to describe the lived experiences of Filipina migrants married to Japanese and to discuss coping strategies that facilitates positive migration events. It utilizes a qualitative study design with focus group discussion which allows clear details on insights and perspectives based on migration process. The grounding of the coping resource triad is the unique finding of this study. It defines coping resource triad as a set of complex factors that relieves Filipina migrants of the stresses associated in migration and cross-cultural marriage. The results of the stress-coping experiences of Filipina migrants in Japan serves as basis for future studies on cross-cultural marriages and other deeper concerns associated with migration as well as in the formulation of relevant programs on acculturation.

Keywords: coping resource triad, migration, Filipina, cross-cultural marriage

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426 Nurses as Being Participants of Sexual Health of Women

Authors: Malika Turganova, Aigul Abduldayeva

Abstract:

Modern conditions require nursing innovations at the primary ambulatory stage in the health system of Kazakhstan. There is a growing need for nurses involved in before-doctor attendance for preventive interview with a female population about reproductive health. We conducted questionnaire survey of the population of Astana in 2015. Questionnaires were drawn up according to the criteria of sexual health of World Health Organization. 3593 respondents out of 8000 questionnaires agreed to answer the questions anonymously, mM=±2,1. The average age of women comprised 37,4±11,2, Ме=31,7 years of age. Analysis of awareness about marriage hygiene revealed that 72,7% of respondents did not receive information about marriage hygiene and 89,1% respondents consider it more advisable before marriage. 45,9% of respondents specified the internet as a source of information on marriage hygiene issues, 24,5% of respondents pointed out friends, and 21,5% specified doctor. Comparing female age groups under and after 40 years old we see that proportion of cases when parents provide information about marriage hygiene issues comprises 4.3% (χ2 =9.8, p<0.05). The most important factor of preservation of women reproductive health is handling a problem of unwanted pregnancy. The responsibility lies equally in men and women. Data analysis of contraceptive methods by ranking showed three most frequently used methods: contraception sheath – 29.3%, then coitus interruptus – 18.7% and hormonal preparations – 16.9%. The most important factor of women's reproductive health preservation is a solving of the problem of unwanted pregnancy, and in this respect, the responsibility lies equally in men and women. Analyzing obtained data on contraceptive methods by ranking three of the most frequently used methods are condoms – 29,3%, then coitus interruptus – 18,7% and hormonal preparations – 16,9%. Additional oral survey of the population showed a low level of informational support of female population by family physicians, health care professionals of educational organizations (schools, universities, and colleges) about hormonal contraceptive. Females of both age groups used to think that hormonal contraceptives cause collateral damage such as blastoma, cancer, increased body weight, varix dilatation of lower limbs. Satisfaction with the frequency of sexual relations of the respondents comprised 57,6%. At that, women under 40 years of age are the most satisfied women among age groups (χ2 =5,8, p<0,05).

Keywords: nurse, public health service of Kazakhstan, reproductive and sexual health, trust of population

Procedia PDF Downloads 245