Original Owner Research Articles

Ruling on the enemy seizing Muslims’ private funds -A comparative jurisprudential study with public international law-

This research aims to clarify the ruling on the property of Muslims that has been seized by enemies: Does ownership transfer to the enemies, or does it remain with the original Muslim owners? It also seeks to determine the ruling on this property if Muslims are victorious over the enemies and reclaim it: Does it return to its original owners, or does it remain a right of the conquerors? The researcher concluded that the Islamic property seized by the enemies does not transfer ownership to them but remains the property of the original Muslim owners. Furthermore, if the Muslims reclaim this property from the enemies, it returns to its original owners. The researcher recommended the necessity of continuing research on issues of international relations and revisiting the rulings made by jurists on these matters in light of today's global changes.

Analysis of Legal Protection for Unregistered Bamboo Woven Craft Businesses from a Copyright Perspective

This research aims to analyze how legal protection is given to bamboo woven craft businesses whose copyrights have not been registered from a copyright perspective. The problem in this research is related to the existence of a violation of rights committed by other parties who carry out acts of imitation or duplication of woven bamboo crafts in terms of motifs, designs and shapes made by the original owner which are duplicated or imitated by irresponsible parties with the aim of traded without the permission or knowledge of the creator, causing losses to the original creator of the woven bamboo craft. The aim of carrying out this research is to analyze the condition of legal protection for the bamboo woven craft business that occurs in Indonesia. The legal research method used is normative legal research which is carried out by identifying and studying statutory regulations related to Copyright in the issue of providing legal protection in the bamboo woven craft business sector. The approach method used is the legal approach (statue approach) in analyzing existing problems, then the data collected and obtained are processed using qualitative methods. The results of the research are then explained descriptively to provide an overview related to the research results obtained, namely that copyright for works of art and crafts whose copyright ownership has not been registered can still receive legal protection, this is because the copyright of a work attaches automatically to a work created by the creator as long as it has met the requirements as an original work and has been expressed in a concrete form, in which case it has been expressed as a work of woven bamboo craft. However, to obtain stronger legal recognition, bamboo woven works that are developed into bamboo woven craft businesses need to register the copyrighted work.

More on the scoring of Josquin’s Huc me sydereo and the manuscript St Gallen 464

Abstract The motet Huc me sydereo by Josquin des Prez appears in both five- and six-voice versions, having led scholars to debate which version is authentic to the composer’s original conception. The authoritative New Josquin Edition presents the motet in its six-voice version; in the critical commentary, editor Bonnie Blackburn defended it as Josquin’s original. More recently, Joshua Rifkin has demonstrated on stylistic and source-critical grounds that the five-voice version was original, with a sixth voice having been added later. In this article, I present new findings on the manuscript St Gallen 464, an important early source for Huc me sydereo, which reinforce arguments defending the authenticity of the five-voice version. I show that the origin of the sixth voice can be isolated to a trio of sources produced on the Italian peninsula in the 1510s, all but eliminating Josquin as a candidate as its author. Moreover, through a new identification of the original scribe and owner of St Gallen 464, I shed new light on that manuscript’s date and provenance. In so doing, I demonstrate how the study of musical sources and transmission can carry direct importance for essential performance decisions.

Case of Land Ownership Encroachment Reviewed from Agrarian Law Aspects: A Case Study of Verdict No: 255 K/TUN/2021

This study aims to analyze the cases of land expropriation of ownership rights from the perspective of agrarian law. Land expropriation is an increasingly frequent phenomenon, causing complex agrarian conflicts that require appropriate legal handling. The focus of this study is on the aspects of agrarian law related to cases of land expropriation, including land rights, agrarian regulations, and agrarian dispute resolution. The research methods used are normative juridical and empirical methods. The normative juridical approach is carried out by reviewing various laws, regulations, and policies related to agrarian law as well as literature studies to understand the legal framework governing land ownership. Meanwhile, the empirical juridical approach is conducted by analyzing data on land expropriation cases that have occurred, including the dispute resolution processes that have been carried out. The results of this study show that cases of land expropriation of ownership rights involve violations of the original owners' land rights. Factors such as lack of oversight, weak law enforcement, and unclear agrarian regulations contribute to the increase in land expropriation cases. From the perspective of agrarian law, protection of land rights needs to be strengthened through regulatory improvements and enhanced law enforcement. This study also highlights the importance of effective and fair agrarian dispute resolution. The dispute resolution process needs to involve active participation from all parties involved, including local communities and local governments. The implementation of alternative dispute resolutions, such as mediation and arbitration, can also be a quicker and more efficient solution.

IFE-Olukotun Community, North-Central Nigeria And Issues of Migration and Linkages with Other Yoruba Towns

Human beings world over tend to be perennially restive and Yoruba people seem to have had their own share of this human trait. People migrate for various reasons. Hence, it will certainly be a stretch of imagination to think that they have always occupied their present land. (Ogunba 1973:91) Though, a long period of effective occupation can make a community feel they are the original owner of a place. As such, to lay claim to a place as one’s original home, the number of years one’s fore fathers had settled there is imperative, likewise the language spoken whether original or borrowed and how homogenous or otherwise the culture is. It is in this wise that the heterogeneous nature and the recent awareness of certain Yoruba towns having the same cognomen and names with certain quarters in Ife-Olukotun engendered the desire to search for their link with such Yoruba towns to unearth the historical and socio-cultural accounts for insight for the present and future and preservation for posterity. More importantly, is the current wave of Obaship in the community with each of the quarters that made up Ife-Olukotun having their own Oba (king) as against the hitherto one Oba (Olukotun of Ife) for the entire community. Methodology adopted for the paper are Archival and Secondary sources.

Current Review on Issues and Challenges for the Immovable Property Auction Process In Malaysia

The immovable property public auction process is a legal mechanism used to revoke the rights of original owners who have violated a contract. Banks will sell distressed property when a borrower fails to repay their housing loan. There is a significant knowledge gap in understanding Malaysia's immovable property auction processes. This research aims to address this gap by reviewing existing literature, gathering secondary data, and addressing the need for more standardization in the public auction procedure. The findings have significant benefits for stakeholders in property auctions and aim to enhance the auction process by developing standardized standards.

통일 후 북한지역 부동산 권리의 공시문제

The title of this thesis is “Issues with the Registration of Real Estate Rights in North Korea after Unification”. In this paper, I reviewed the changing process of the real estate registration system and and laws related the real estate registration system in North Korea. And I reviewed the direction of integration of the real estate registration system in North Korea. The main contents are as follows. First, in order to establish a real estate registration system in North Korea, a cadastral survey must be conducted. Second, for houses, the occupants living in the house can apply for ownership preservation registration. Third, for farmland owned by a cooperative farm, members belonging to the cooperative farm can apply for registration of original ownership. Fourth, heirs of property rights confiscated by the North Korean regime cannot apply for ownership preservation registration.

Securing financial returns in politically uncertain worlds: Finance and urban water politics in Brazil

Studies of financialization have highlighted how politics, particularly through the state, drives the increasing entanglement of financial actors and rationales in the production of urban space. This article shifts the angle to consider the challenges that uncertain politics pose for such entanglement. Looking beyond techno-calculative practices, it explores how finance works politically to sustain value extraction within fragmented regulatory landscapes. It does so through historical and ethnographic analysis of financial investment in urban water and sanitation provision in Brazil, drawing on fieldwork, interviews, and a new dataset on public-private contracts to interrogate how private water companies navigate politico-regulatory relations under financial investors like private equity. It shows that while these providers were quite engaged in local politics under their original owners (construction groups), under financial investors they sought to “escape” it by curbing ties to public officials, reducing the autonomy of local subsidiaries, and successfully lobbying for national standards on regulatory norms. It argues these centralizing efforts constituted forms of centripetal politics meant to enhance asset monitoring, increase regulatory legibility, and reduce political uncertainty. The findings illuminate how financial investors work across political scales to navigate political risk and sustain financial value, thus problematizing the conventional analytical focus on how finance capitalizes on local forms of entrepreneurial politics. Crucially, they reveal the need to treat institutional environments not simply as filters for financial investment but as objects of political contestation by financial actors. This allows for blurring the boundaries between finance and politics, and for politicizing finance.

POINT OF VIEW: DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN COPYRIGHT

Purpose: The purpose of this work is to describe the nature of copyright can be applied in the context of cosplay activities and the challenges and obstacles faced by cosplayers in understanding and respecting copyright and brands in cosplay practice. Theoretical framework: Cosplay is an adaptation of creation, where the process of making cosplay costumes and accessories is carried out by changing the form of a sketch design/drawing of a costume or character design into a costume that can be used in real life. Copyright regulates provisions regarding legal protection for adaptations of works. Design/methodology/data analysis: The research methods used in this article are analytical and descriptive approaches. Data is collected through literature studies that include articles, journals, books, and other reliable sources. The data is then analysed and interpreted to identify challenges and barriers in understanding copyright in cosplay, as well as to conduct legal comparisons between different countries. Findings: Copyright protection is important in cosplay, with the potential for infringement if using character and brand works without permission. Cosplayers need to understand boundaries and communicate with the original owner to avoid violations. Cosplayers face challenges in understanding and respecting copyright and brands, including limited legal understanding and difficulty obtaining official permission. It is important for them to continue to deepen understanding and communicate with the original owner to avoid violations. Originality/value: This article focuses on character copyright protection in Cosplay, where it is necessary to clearly regulate whether cosplay violates copyright or does not violate copyright. Practical implications: Cosplay creators need to understand well the copyright regulations in a country, to know whether their actions violate copyright or not. Law enforcers need to understand and re-examine whether the act of cosplay violates the economic rights of the creator or not.

Dispute Settlement of International Trademark on Intellectual Property Rights (Case Study: Decision Number 557 K/PDT.SUS-HKI/2016)

<p><em>Intellectual Property Rights (IPR), namely rights resulting from the impact of thought patterns resulting in products that are beneficial to legal subjects. However, there are still many problems that arise in IPR such as brand theft, brand plagiarism and so on. One of them is the case of Laverana, a cosmetic product from Germany. This brand was plagiarized by Irawan Gunawan to be used as a product brand in Indonesia. On top of these things, Laverana also felt disadvantaged. Therefore, this article aims to provide an understanding of the importance of protecting IPR and how to resolve international trademark disputes. The research method used in this research itself is a normative-empirical legal research method and a literature approach as well as legal protection theory and effectiveness theory in this brand plagiarism dispute case. The resolution of the Intellectual Property Rights dispute in the Laverana case was pursued through litigation, namely the Indonesian court to try the defendant, namely Irawan Gunawan. The final decision obtained from the court stated that the party from Germany or the original owner of the Laverana Brand won. This resulted in Irawan Gunawan (defendant) having to withdraw from the brand and being charged legal fees of Rp. 5,000,000 (5 Million Rupiah</em><em>)</em><em>.</em></p>

Spiritual Well-Being of Acute Coronary Syndrome Patients in The Cardiac Intensive Care Unit

Patients with Acute Coronary Syndrome (ACS) are at risk of experiencing problems in various aspects of life. Changes in spiritual conditions are one of the problems that often occur, especially spiritual well-being. Existential well-being (EWB) and religious well-being (RWB) are specific parts of spiritual well-being that will be analyzed in this study. The research design used is descriptive with a cross-sectional approach. The study population was patients who experienced Acute Coronary Syndrome and were treated in the cardiac intensive unit with a total of 84 patients who were taken using a non-probability sampling technique with a purposive sampling method. The instrument used is the Indonesian version of the Spiritual Well-Being Scale (SWBS) questionnaire and has received permission from the original owners Ellison and Paloutzian by paying for the copyright. The results showed that the level of religious well-being (RWB) and existential (EWB) was in the high category with 86.9% and 71.4% respectively. There were no respondents who had a low level of religious or existential spiritual well-being. Health service providers are expected to be able to assess the spiritual well-being of ACS patients so that spiritual problems can be detected and efforts to treat them as early as possible.

Aantekeninge: Afgeleide wyse van eiendomsverkryging op ’n onroerende saak gehou in mede-eiendom vereis steeds ’n saaklike ooreenkoms met álle mede-eienaars

Aantekeninge: Afgeleide wyse van eiendomsverkryging op ’n onroerende saak gehou in mede-eiendom vereis steeds ’n saaklike ooreenkoms met álle mede-eienaars

Exploring the Leiden 'Van Royen herbarium': History and scientific significance of the herbarium specimens of Adriaan (1704–1779) and David van Royen (1727–1799)

The dried plant collection, now known as the 'Van Royen herbarium', was assembled by Adriaan and David van Royen, successive Leiden professors of botany in the period 1729–1799. The significance of this herbarium is partly due to the fact that Linnaeus was able to study Adriaan's collections extensively when he stayed in The Netherlands, such that it must have influenced, to some extent, his subsequent publications, notably Species Plantarum (1753). In this review we track the complex history of the herbarium and follow its physical housing through time. Poor storage conditions in the 18th and 19th centuries may account for the loss of an unknow nnumber of specimens originally in the herbarium. The history of the herbarium of Nicolaas Meerburg, head gardener in the Leiden botanical garden from 1774–1814, where he hadworked from 1752, is closely connected with that of the Van Royens, and is also discussed here. We explore the composition of the'Van Royen herbarium' and document who contributed to it. Altogether 80 plant collectors or original herbarium owners are identified. For example, there is a substantial set of specimens collected by Carl Peter Thunberg in Japan and many specimens from the Cape region of South Africa, which must have been gathered by him during his first stay there. Another largeset is that collected by Johann Gerhard König in Ceylon (now a days SriLanka) and there are many specimens from the collections of Albrecht von Haller and Sébastien Vaillant. The herbarium contains several seed collections used for Joseph Gaertner's De Fructibus (listed in Appendix 4)and also many specimens assembled by Adriaanvan Royen for his Ericetum Africanum project. Last, but not least significant among the rest, there are specimens cut out of a book herbarium owned by Jacob Breyne with plants collected by Carolus Schweiker (or Sweiker) around Montpellier (France) in 1666. Information necessary for the correct attribution of specimens is presented, complete with information enabling attribution of individual specimens to their original owners. Example barcodes of specimens from individual contributors and their handwriting(s)can be found in Appendix 3. Brief details of the life and work of Adriaan and Davidvan Royen is given in Appendices 1 and 2. The significance of the herbarium for the typification of Linnaean and other species names is discussed.

Artificial Intelligence Similarity Index Detection App as Anti-Plagiarism Campaign Against Intellectual Property Crime

This paper aims to discuss plagiarism according to Indonesian and Islamic laws and develop applicable solutions for detecting similarity index plagiarism. Plagiarism is the act of taking someone else’s work and claiming it as theirs without giving recognition or credit to the original owner. This practice is against positive and Islamic laws. The method used in this paper is RAD (Rapid Application Development), one of the software development methods that emphasises the speed and flexibility of the results of the trials. We found that this application could detect the similarity index of a text composed by an AI tool like ChatGPT. This application can be implemented in education but still has limitations. This application cannot detect plagiarism from sources unlisted in the database. Therefore, further research must address this problem.

Lost item identification model development using similarity prediction method with CNN ResNet algorithm

<p><strong>Background:</strong> Incidents of personal belongings being lost often occur due to our negligence as human beings or criminal acts such as theft. The methods used to address such situations are still manual and ineffective. The manual process of reporting lost items requires significant time and effort. Additionally, matching the information of lost items with the found ones becomes increasingly difficult, and finding the original owners can be time-consuming. <strong>Objectives and Methods:</strong> This research aims to develop an approach that aids the community in the management of lost items by incorporating a process of item identification. It proposes the creation of an iOS-based prototype model that implements image comparison and string matching. The ResNet-50 architecture extracts features from images, and the Euclidean Distance method measures similarity between these features. Natural language processing used for text pre-processing and employs the cosine similarity metric to assess textual similarity in item descriptions. <strong>Result and Conclusion:</strong> By combining Euclidean distance and cosine similarity values, the model predicts similar lost item reports. Image comparison provides an accuracy result of 29.96% correctness, while string matching with 97.92% correctness. Thorough testing and validation confirm the model’s success across different reports.</p>

New combinations and synonymies in the weevil genus Lyterius Schnherr (Coleoptera, Curculionidae), with a conspectus of historical works on Daldorffs Sumatran beetles.

In preparation for a future taxonomic revision, we explore provenance, collectors, original owners and current repositories of the type material for three available genus-group names, Lyterius Schnherr, 1844, Barisoma Motschulsky, 1863 and Plaxes Pascoe, 1885, which have been applied to a group of small, relatively flat weevils associated with Pandanaceae. Lectotypes are designated for Rhynchaenus musculus Fabricius, 1802 and Plaxes impar Pascoe, 1885. The lectotype of Rh. musculus is designated as neotype for Curculio abdominalis Weber, 1801, making the species names objective synonyms (reestablished synonymy), with C. abdominalis having date priority. The names Barisoma Motschulsky and Plaxes are placed in synonymy with Lyterius (new synonymies). Five valid species names are recognised in Lyterius, L. abdominalis (Weber), L. dispar (Faust, 1896) new combination, L. impar (Pascoe) new combination, L. instabilis Boheman, 1844 and L. pandanicola (Motschulsky, 1863) new combination. We also provide an overview of the early descriptive works on Sumatran beetles collected by Daldorff and their original owners.

Civil Litigation Mechanism for the Return of Stolen Artifacts from the US: An Example of Taizong Horses

A large number of ancient artifacts were stolen, plundered, and displaced abroad due to aggressions and wars in the early 1900s, and the US is one of the largest recipients of stolen artifacts from around the world. In past practices, negotiation and purchasing have been the main means to recover these lost artifacts. This article argues that legal means, especially the civil litigation approach, can play a unique role in recovery. Through analyzing original ownership, bona fide acquisition, and the statute of limitations in domestic law, the passage demonstrates the feasibility and effectiveness of litigation for the return of artifacts in the US. This paper also analyzes the civil litigation mechanism for the recovery of international stolen cultural property under the American legal system by taking the Chinese cultural relic Taizong Horse exhibited in the Museum of the University of Pennsylvania as an example and proves that civil litigation for the recovery of international cultural relics is completely feasible.

The Role of Good Will in Redefining Ownership Rights: The Bona Fides Purchaser

15Abstract This article explores the role of bona fides as the foundation of a purchaser’s ownership. A bona fide purchaser owns his rights against nemo dat quod non habet (no one gives what they do not have) maxim that protect the original owner’s rights. This article illustrates that the concept of good will in property rights as a means of resolving ownership disputes. Bona fides bear inner-directed values described as ‘good will’ in ethics and its practice in court’s verdict bear resemblance with outer-directed moral imperatives in property rights. The main issue of ownership then relies on the value that lives in social society, and whether it conforms with nemo dat principles or honest purchaser protection. While both maxims are needed for security of acquisition, its universality is still debatable. The concept of good will and property theory will show a different paradigm useful for court to justify honest purchaser rights acquired from an unauthorised seller. Courts will then construct and apply a standard of conduct based on the existing value to determine an honest purchaser. Hence, an honest purchaser will have an equal stage in the contest for ownership rights against a true owner, and courts will have to measure and determine whose ownership should be prioritize.

A Robustness-Assured White-Box Watermark in Neural Networks

Recently, stealing highly-valuable and large-scale deep neural network (DNN) models becomes pervasive. The stolen models may be re-commercialized, e.g., deployed in embedded devices, released in model markets, utilized in competitions, etc, which infringes the Intellectual Property (IP) of the original owner. Detecting IP infringement of the stolen models is quite challenging, even with the white-box access to them in the above scenarios, since they may have experienced fine-tuning, pruning, functionality-equivalent adjustment to destruct any embedded watermark. Furthermore, the adversaries may also attempt to extract the embedded watermark or forge a similar watermark to falsely claim ownership. In this paper, we propose a novel DNN watermarking solution, named <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"><tex-math notation="LaTeX">$HufuNet$</tex-math></inline-formula> , to detect IP infringement of DNN models against the above mentioned attacks. Furthermore, HufuNet is the first one theoretically proved to guarantee robustness against fine-tuning attacks. We evaluate HufuNet rigorously on four benchmark datasets with five popular DNN models, including convolutional neural network (CNN) and recurrent neural network (RNN). The experiments and analysis demonstrate that HufuNet is highly robust against model fine-tuning/pruning, transfer learning, kernels cutoff/supplement, functionality-equivalent attacks and fraudulent ownership claims, thus highly promising to protect large-scale DNN models in the real world.

Case Study of Geprek Bensu Franchising Disputes from Intellectual Property Legal Perspective

A trademark dispute between Benny Sujono and Ruben Onsu regarding the use of the name "Bensu" in their brand led to a dispute over trademark ownership rights. Benny Sujono, the original owner of the "I Am Geprek Bensu" brand, sued Ruben Onsu at the Central Jakarta Commercial Court regarding the use of the "Bensu" frill in the "Geprek Bensu" brand owned by Ruben Onsu. This dispute reflects the importance of protecting intellectual property rights, including trademarks, in the business world. This case involves a court and a legal process that will determine the ownership rights of the "I Am Geprek Bensu" and "Geprek Bensu" trademarks, as well as whether Ruben Onsu's use of the trademark violates Benny Sujono's ownership rights. The results of this study explain that the settlement of intellectual property rights disputes over the culinary business brand Geprek Bensu with I Am Geprek Bensu based on the Commercial District Court has been decided by decision Number 57/Pdt. Sus. Brand/2019/PN Niaga Jkt Pst.) This trial will play an important role in resolving disputes and determining the ownership rights to the trademarks concerned