Utari mengambil jeda sejenak diantara waktu indah miliknya saat ini.
Matanya dialihkan dari buku yang dibacanya, namun telinganya masih menikmati alunan piano dan cello.
Pagi hari asik untuk memanjakan diri dengan buku, musik, dan kadang segelas kopi hitam tanpa gula.
Utari tersenyum, hatinya terbang.
Kekasih mungkin sedang tidur di pesawat yang menerbangkannya ke Makassar.
Utari memandang langit lewat jendela di sebelah meja kerjanya.
Membayangkan dirinya menjulurkan tangannya menggapai Kekasih yang mungkin tertidur di dalam pesawat.
Menariknya, mendudukkannya di sebelah Utari, sehingga mereka bisa saling berpelukan.
Musik mengalun.
Utari memegang buku dan membaca.
Kepalanya menyandar pada bahu kekasih, atau setidaknya bahu mereka bersentuhan.
Kekasih memegang telepon genggamnya bermain permainan kesukaannya.
Kali ini ditemani 2 gelas cangkir teh panas, kesukaan kekasih.
...atau saat lain di mana mereka berpelukan di tempat tidur.
saling menghangatkan tubuh dan hati di pagi.
Utari memeluk dan menciumi pipi Kekasih yang masih malas membuka mata.
Hingga saat mereka harus menarik paksa diri mereka untuk bangun.
Utari berbisik, berharap udara di sekitar membantunya.
Mengirimkan bisikannya bagai pak pos yang mngirimkan surat cinta.
"Cepat kembali padaku, Kekasihku".
MobatMabit
Minggu, 02 November 2014
Selasa, 08 April 2014
Ketika Kita Berjarak
Ku siap dengan peralatan coret mencoretku
Ku siap dengan telepon pintarku
Ku siap pemutar musik
Ku ambil tempat di sudut favorit
Ku bentang semua di sekitarku
Ku putar lagu-lagumu
Menemaniku memainkan jariku
Mencoret apapun yang terilhami karena memikirkanmu
Sesekali kulirik telepon pintarku
Menunggu denting pesan darimu
... dan sampai pada saat aku tak tahan untuk mendengar suaramu
Selalu
Saat-saat aku merindukanmu
Ketika kita berjarak
Kamis, 27 Juni 2013
Peer to Peer (P2P)
What is P2P and direction for use
File sharing is the public or private sharing of computer data or space
in a network with various levels of access privilege. File sharing allows a
number of people to use the same file or file by some combination of being able
to read or view it, write to or modify it, copy it, or print it.
But how to do so? We all know that the internet is visited from more than
billion user who are searching for information to download. With a searching
facility, we could look into the hard drives of others and find whatever we
want to download of them.
Goal and problem with P2P
An important goal in peer-to-peer networks is that the remove the
difference of information. Advance of internet was brought Compression of mp3
files, so we could share files. P2P service also have some good points. Than,
why it has many problems in spite of its strong point? There are several major
issues surrounding file sharing. Of these, the two most are centralization and
decentralization, and the piracy and anonymity users. The latter takes on added
importance when the legality of some file-sharing practices is challenged by
copyrights owner. The third issues is the collection and sale of data about
users, using software referred to by its detractors. In addition to P2P has the
problem of hacking. Representative of P2P program is Napster and Soribada. If these
program received an effect of viruse,our computer will helpless. Also many
company will bankrupt because of illegal download.
Example of country's situation about P2P and its cases
(1) Hong Kong
Case: First ever that BT user (Chan) was charged by the HKSAR government
on early April 2005, and since this was the first individual is charged by
uploading materials via BT system, it was caught with much highlight.
(2) Japan
28.11.2001 Two
men (Win MX user) who are university student, arrested by Kyoto local police. This is the first time to
be arrested by only using soft for file exchange in the world.
26.03.2002 The
judgement decide that the older man has to pay a fine (¥ 400.000) and the
younger man was sended to family court.
09.04.2002
File Rouge (a kind of hybrid type of P2P) are prohibited to provide
service by Tokyo
local court, but this is provisional dispotition. Their service is stopped in
april 16.
29.01.2003
File Rouge lawsuit decide at Tokyo
local court. The operator of file rouge is MMO. Since MMO has been guilty, so
MMO and its leader (Mr.
Matsuda ) have responsibilities to
compensate for damages.
25.02.2003
Share stage (online storage service) user is arrested by the Kyoto local police. He is
31 tears old and he has illegal copies of game files (super Mario advance). He made 179 title upload. And the
judgement decide by Kyoto
summary court that he has to pay ¥ 300.000.
10.04.2003
Share stage user is arrested by the Kyoto local police. He was 18 years old and
he exhibited his illegal files (music files).
27.11.2003
Winny users are arrested. One man was 42 years old, and the other man
was 19 years old. This is the second time for users to be arrested in Japan .
17.12.2003 The Tokyo local court decided that MMO
should pay about ¥ 67.000.000
10.05.2004 The
developer of “Winny” is arrested. He is an assistant of a professor at Tokyo University .
30.11.2004 The
judgement of Winny user lawsuit decide at Kyoto
local court.
31.03.2005 An
appeal hearing is decided at Tokyo
high court. MMO’s appeal is rejected.
(3) China
(4) Korea
Case: Soribada is file exchange service through a p2p technology cause an
infringement of a copyright. Because each users can exchange original works
without restriction through this program. In the last, a music company accused
soribada representative of an infringement of a copyright at January 2001.
stoppage provisional dispotition of a disk reproduction that MIAK (Mucic
Industry Association of Korea) put was taken. So court ordered that soribada’s
server 3 unit should never be used.
According to a court judgement, its an infringement af a right to
reproduce of music producers that users downloaded a mp3 files and keep it.
Soribada has responsibility that it assisted and helped an infringement of
copyright. In response, soribada’s representative file a protest against a
stop-use order. And it developed alternative program like ‘soribada ver.2,
soribada ver.3’ for service stoppage provisional dispotition. Meanwhile,
representative ‘Yang Jung- Hwan, Il-Hwan’ brothers were prosecuted without
physical restraint and demanded 1 years imprisonment because of a suspicion
thai it assist an offence against the copyright law at August 2001. but in May
2003, court dismissed a public acion because it is lacking that requisite that
organize a criminal act.
Also the district court declare Yang brothers not guilty in a trial on an
appeal case of a criminal suit at January 12th 2005 . The judge admitted thet the
brothers infrigemenr on a right to reproduce and a right of forwarding. But
according to a judge, ‘because no evidences that noticed an infringement of
copyright, we can not charge them criminal liability.”
But in civil suit that did at the same time, a high court of justice accepted a provisional disposition law suit. So the court judge that the server-operation should stop. Because this law suit is in soribada Ver.1, it has not effect on Ver.3 directly.
The Role of Arbitration in Free Trade Area
Introduction
Arbitration
plays important role in the international trade today. Most of contracts
affecting international trade, and if contracts provide dispute arise under two
country, dispute would be settled by arbitration. Using an arbitration should
be based on an agreement between the dispute parties. The parties’ agreement
could be given after the dispute happened and that agreement only limited by
that dispute.
The reason why arbitration become
popular in the way to settle disputes is by using this way disputes can be
settled quicker and more satisfying, better than if we are using judicial
settlement.
The Association of South East Asian nations
(ASEAN) comprises ten countries, namely, Brunei Darussalam, Burma [Myanmar],
Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Philippines,
Singapore, Thailand, and Vietnam. ASEAN Free Trade Association (AFTA) is a body
which acts in trade in South East Asia . This
region had been abundant in trading activities including the famous spice
trade. Disputes must have been regularly resolved.
At the present
legal system of each country has developed from a past where the boundaries
were not clearly drawn and with each phase of development a layer of influence
that helped shaped the present legal system was added on. This essay is trying
to examine the recent development in arbitration. This essay also examine dispute
resolution framework is examined as regards the applicable law for contractual
disputes, the enforcement of foreign judgments in general, and the framework
for arbitration including the enforcement of foreign arbitral awards.
Recent Development in Arbitration[1]
In Brunei Darussalam, the applicable arbitration legislation is the
Arbitration Act Chapter 173 1999 edition. It is a party to the New York
Convention which came into operation on 23rd October 1996 and it became a
contracting state of the ICSID Convention on 16th October 2002 . There is no
arbitral body in Brunei .
Burma/Myanmar’s arbitration legislation are the Arbitration Act
1944 (Burma Act IV, 1944) which came into force on 1st March 1946
and the Arbitration (Protocol and Convention) Act (India Act VI, 1937) which
came into force on 19 January 1939. However, Burma/Myanmar is not a party to
both New York Convention and ICSID Convention. The Union of Myanmar Chamber of
Commerce and Industries do provide arbitrators to the parties seeking help in
appointment. However, the Chamber is not independent of the government.
Cambodian legal system traditionally encourages mediation over
adversarial conflict and adjudication. Although there are plans to create a
commercial tribunal and an arbitration and mediation body, the courts are now
the only judicial forum to settle commercial disputes. There are no laws to
require the courts to enforce a foreign arbitral award. Although Cambodia
had signed the New York Convention in 1960, it has yet to implement the
Convention. Cambodia is also
not a Contracting
State of the ICSID
Convention. However, there is a bilateral agreement with Thailand on the promotion and
protection of investment which provides for reference to international
arbitration as well as to ICSID. The main arbitral body is Cambodia Centre for
Conflict Resolution.
Lao People’s Democratic Republic have no arbitration legislation. However Article 21 of the Law on the
Promotion and Management of Foreign Investment in the Lao People’s Democratic
Republic provides for the submission of disputes to the economic arbitration
authority of the Lao PDR or to any other mechanism for dispute resolution of
the Lao PDR, a foreign country or an appropriate international organization
which the disputants can agree upon. Laos is a party to the New York
Convention. This came into operation on 15th September 1998 . However, it is not a party
to ICSID Convention. The main arbitral bodies in Laos are the Lao Chamber of
Commerce Arbitration Commission and a similar organization established by the
Ministry of Finance.
Malaysian Arbitration Act 1952 is modeled on the UK Arbitration Act
1950. This was amended by the Arbitration (Amendment) Act 1979 (Act A 478)
which excluded from the ambit of the Act, arbitrations held under the ICSID
Convention, UNCITRAL Arbitration Rules and the Rules of the Regional Centre for
Arbitration at Kuala Lumpur. A new Arbitration Act is being contemplated. Two
models are being considered, namely the UK Arbitration Act 1996, and the NZ
Arbitration Act 1996. Malaysia has ratified the New York Convention by the
Convention on the Recognition and enforcement of Foreign Arbitral Awards Act
1985 (Act 320) which came into force on 3rd February 1986 and the
ICSID Convention by the Convention on the Settlement of Investment Disputes Act
(Act No 14 of 1966). Malaysia
became a contracting state of the ICSID Convention on 14th October 1966 . The main
arbitral body is the Kuala Lumpur Regional Centre for Arbitration.
In Singapore
the International Arbitration Act (Cap 143A 1995 Rev Ed) as amended by Act 38
of 2001 adopts the UNCITRAL Model Law. It also re-adopted the New York
Convention which came into operation on 19th November 1986 . The legislation
governing domestic arbitration is the Arbitration Act 2001 which is also based
on UNCITRAL Model Law as well as the UK Arbitration Act 1996. Singapore has also enacted the
Arbitration (International Investment Disputes) Act (Cap 11 1985 Rev Ed) as
amended by Act 34 of 1992. The main arbitral bodies are the Singapore
International Arbitration Centre, the Singapore Institute of Arbitrators and
the International Chamber of Commerce.
In Thailand
the Arbitration Act 2002, which replaced the 1987 Arbitration Act, adopted the
UNCITRAL Model Law. The Act also re-adopted the New York Convention which came
into operation on 20th
March 1960 . Thailand ,
however, has yet to ratify the ICSID Convention although it has enacted the
Convention Establishing the Multilateral Investment Guarantee Agency. The main
arbitral bodies are the Thai Arbitration Institute and the Thai Chamber of
Commerce.
There is no arbitration law in Vietnam .
Vietnam is a party to the
Bilateral Trade Agreement with the USA
which provides that disputes between companies or persons of each country
against the other, Vietnam ,
the USA
or the company concerned may submit the dispute to ICSID or arbitration
elsewhere as agreed.
Dispute Resolution Framework affecting ASEAN Countries
At the Bangkok Declaration, 8
August 1967, when ASEAN was born, the founding countries were Indonesia , Malaysia ,
the Philippines , Singapore and Thailand . Brunei Darussalam joined
in 7th January 1984 while Vietnam became a member in July
1995. Then, the Lao People’s Democratic Republic and Myanmar were made members
on 23 July 1997.The last member was admitted into the association by the Declaration
on The Admission of The Kingdom of Cambodia Into The Association of Southeast
Asian Nations, 30th April 1999.
Although there was a provision in
the Agreement for the Promotion and Protection of Investment, 15 December 1987 , disputes
were settled in the ASEAN spirit. Essentially, the countries used the
musyawarah and mufakat consensus to settle disputes before 1992.
In particular, Article X,
paragraph 1 of the Agreement for the Promotion and Protection of Investment, 15
December 1987 provides that any legal dispute arising directly out of any
investment between any Contracting Party and a national or company of any of
the other Contracting Parties, it shall as far as possible be settled amicably
between the parties to the dispute. If such a dispute cannot be settled within
six months of its being raised, then either party can elect to submit the
dispute for conciliation or arbitration and such election shall be binding on
the other party. The dispute may be brought before the International Centre for
the Settlement of Investment Disputes (ICSID), the United Nations Commission on
International Trade Law (UNCITRAL), the Regional Centre for Arbitration at Kuala Lumpur or any other
regional centre for arbitration in ASEAN, whichever body the parties to the
dispute mutually agree to appoint for the purpose of conducting the
arbitration.
Besides ASEAN, the countries in
ASEAN may also be members of the Asia-Pacific Economic Cooperation (APEC)
and/or the World Trade Organization (WTO).
APEC “is the only inter
governmental grouping in the world operating on the basis of non-binding
commitments, open dialogue and equal respect for the views of all
participants.”[2]. It has
no treaty obligations. Decisions are made by consensus and commitments are
undertaken on a voluntary basis. APEC regards the WTO Dispute Settlement
process as the primary channel for resolving disputes and supports this channel
by helping to avoid disputes through non-adversarial and voluntary approaches.
Seven out of ten members of ASEAN are members of APEC.
WTO is the only global
international organization dealing with the rules of trade between nations[3].
Seven of the ASEAN countries are members of the WTO while three have the
observer government status. Disputes are settled by the Dispute Settlement Body
according to the Dispute Settlement Understanding, the main WTO agreement on
settling disputes. There are also Rules of Conduct on the rules and procedures
for settling disputes that were adopted in December 1996 and the Working
Procedures for Appellate Review[4].
Conclution
The
dispute resolution framework of each country may be found in its legal system
including the applicable law relating to commercial activities, for example,
the law of contract applied by the courts as well as the recognition and
enforcement of judgments given by foreign courts. In addition, the existence of
an arbitration regime that is alternative to dispute resolution by the courts
including the applicable arbitration legislation and the recognition and
enforcement of foreign arbitral awards under the New York Convention of 1958.
The
state of each country in ASEAN as regards their dispute resolution framework as
a state and a member of international conventions and groupings. It is found
that in the last decade, a strong dispute resolution framework has been shaped
and it continues to improve.
ASEAN countries
have seen many changes taking place in the development of its dispute
resolution framework based on the progress made in their respective legal
systems and through ASEAN, APEC and WTO. Now as compared to a decade ago, the
ten ASEAN countries are in a far better position to assure each other and
ASEAN’s trading partners that an effective dispute resolution framework is put
in place to cope with much greater economic activities.
Approval of Stem – Cell Research: Ethical Problems in Biotechnology
A revolution always colored by full
of stir. James
Thomson , a scientist from University of Wisconsin , United States , reported on November
1998 that he already made to separate cell from un-use embryo. It created a
medical revolution which can recover the damage organ or body network.
There are so many cases,
especially in medical practice, use a stem-cell therapy to cure the patients.
Most of those therapies got their successful. If the stem-cell therapy can cure
many diseases, why it deems controversial? Is not it a great thing that should
be celebrated? Yes or no. There are so many scientists believe that stem-cell from
human embryo demands a higher level of recovery hope better than one which
taken from adult stem-cell. But for many people, a destruction process of human
embryo to get stem-cell is something forgives less. So it becomes a subject of
debate between ethical argument and science process.
People who is the most
concerned to this science implication, is group that seeing an embryo as part
of society who also has living right, but in a fragile position. They also said
that taking cell from its embryo as same as cannibalism. This group reminds
about the dangerous created the new world of “embryo farm” which produce human
bodies spare parts. They argue that the scientists also can get same result by
using adult stem-cell.
There are also countries
against stem-cell practice. Germany
has foreboded many research to stem-cell because it worries about the
possibility of medical technology become slipped into unethical human
experience. The other is United
States , which put into effect a tight
delimitation to the government fund, but bandage private sector to do anything
to support this research.
The hardest refusal comes from Vatican ,
seeing that embryo’s stem-cell research as abortion.
From the supporting group said
that it is not an ethic behavior to not support this research. If the parents
of the embryo agreed to donate it for the purposes of mankind poverty, so why
do not we keep this research go on? Embryo just a group of cell, and we can not
put through it into trash or drain while this cell can support the science.
Countries such as England , China ,
South Korea , and Singapore
have been made their selves to become the center of stem-cell research. They
also provide fund and ethical control to support this research. More over, Singapore
has a team consist of scientists and humanity representative to arrange an
ethic guideline for this purpose. And also, the society invited to participate in
this activity. So this policy has had the support from society widely.
It will be difficult to solve these
ethical problems. But, in fact there are many countries in the world have some
competition to finding the new type of cell to increase the quality of the
cell. This research must be followed by many parties in the world, along with
some amazing finding to the stem-cell ability. Many
parties predict that with improving the research, a new variant of stem-cell
will be found and will be fulfill the healthy needs of mankind.
Konsep Surat Kuasa Pengurusan Perizinan
SURAT KUASA
Yang bertanda tangan di bawah ini:
[nama], Direktur Utama, dari dan oleh karena itu berhak bertindak untuk dan atas nama [perusahaan], berkedudukan di [kota], berkantor di [alamat kantor]
- selanjutnya disebut Pemberi Kuasa
dengan ini memberikan kuasa dengan hak substitusi kepada:
[nama], [jabatan] dari [nama perusahaan], berkedudukan di [kota], berkantor di [alamat kantor].
-selanjutnya disebut Penerima Kuasa
KHUSUS
Untuk dan atas nama serta mewakili kepentingan Pemberi Kuasa, melakukan segala sesuatu yang berhubungan dengan pengurusan perizinan [jenis perizinan] di [nama instansi yang berwenang].
Berdasarkan hal tersebut di atas, maka Penerima Kuasa berhak mewakili kepentingan Pemberi Kuasa tersebut untuk melakukan hal-hal sebagai berikut:
- Mengajukan dan atau menandatangani surat-surat permohonan dan atau permintaan yang diperlukan dalam pengurusan perizinan tersebut;
- Menghadap pejabat yang berwenang;
- Memberikan keterangan dan atau pernyataan-pernyataan yang berhubungan dengan pengurusan perizinan tersebut;
- Melakukan pembayaran atas segala biaya yang timbul sepanjang menyangkut dari pengurusan perizinan tersebut serta menerima seluruh tanda bukti dan atau kwitansi atas pembayaran tersebut;
- Menerima dan menandatangani tanda bukti dan atau tanda terima atas seluruh proses pengurusan perizinan yang dimaksud;
- Selanjutnya mempertanggungjawabkan kemudian kepada Pemberi Kuasa.
Jakarta, [tanggal bulan tahun]
Penerima Kuasa, Pemberi Kuasa,
[nama] [nama]
[jabatan] Direktur Utama
Rabu, 26 Juni 2013
Tempatmu Di Hatiku
Bapak,
Kemanapun aku pergi dalam hidup ini, dengan siapa aku menikah, berapa banyak waktu yang kuluangkan untuk teman-teman priaku, seberapa besar aku mencintai pacarku, dirimu akan selalu menjadi pria No. 1-ku.
Ibu,
Aku tidak akan selalu sepertimu. Terkadang kita beradu argumen dan bertengkar. Tetapi ada satu hal yang harus kau ketahui, bahwa aku mencintaimu selalu dan selamanya.
Penuh cinta,
Perempuan kecilmu.
Kemanapun aku pergi dalam hidup ini, dengan siapa aku menikah, berapa banyak waktu yang kuluangkan untuk teman-teman priaku, seberapa besar aku mencintai pacarku, dirimu akan selalu menjadi pria No. 1-ku.
Ibu,
Aku tidak akan selalu sepertimu. Terkadang kita beradu argumen dan bertengkar. Tetapi ada satu hal yang harus kau ketahui, bahwa aku mencintaimu selalu dan selamanya.
Penuh cinta,
Perempuan kecilmu.
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