Professional Party Research Articles

How do pig veterinarians view technology-assisted data utilisation for pig health and welfare management? A qualitative study in Spain, the Netherlands, and Ireland

BackgroundApplication of data-driven strategies may support veterinarians’ decision-making, benefitting pig disease prevention and control. However, little is known about veterinarians’ need for data utilisation to support their decision-making process. The current study used qualitative methods, specifically focus group discussions, to explore veterinarians’ views on data utilisation and their need for data tools in relation to pig health and welfare management in Spain, the Netherlands, and Ireland.ResultsGenerally, veterinarians pointed out the potential benefits of using technology for pig health and welfare management, but data is not yet structurally available to support their decision-making. Veterinarians pointed out the challenge of collecting, recording, and accessing data in a consistent and timely manner. Besides, the reliability, standardisation, and the context of data were identified as important factors affecting the efficiency and effectiveness of data utilisation by veterinarians. A user-friendly, adaptable, and integrated data tool was regarded as potentially helpful for veterinarians’ daily work and supporting their decision-making. Specifically, veterinarians, particularly independent veterinary practitioners, noted a need for easy access to pig information. Veterinarians such as those working for integrated companies, corporate veterinarians, and independent veterinary practitioners expressed their need for data tools that provide useful information to monitor pig health and welfare in real-time, to visualise the prevalence of endemic disease based on a shared report between farmers, veterinarians, and other professional parties, to support decision-making, and to receive early warnings for disease prevention and control.ConclusionsIt is concluded that the management of pig health and welfare may benefit from data utilisation if the quality of data can be assured, the data tools can meet veterinarians’ needs for decision-making, and the collaboration of sharing data and using data between farmers, veterinarians, and other professional parties can be enhanced. Nevertheless, several notable technical and institutional barriers still exist, which need to be overcome.

The Consent in Contracting By Electronic Means With A Professional Party According to the New French Law of Contract of 2016-

لقد أولى هذا البحث إهتماماً بدراسة موضوع التراضي في التعاقد بوسيلة الكترونية مع أي شخص عموماً، ومع مهني على وجه الخصوص. وذلك في ضوء القانون المدني الفرنسي المعدل بمقتضى المرسوم رقم 131-2016 والخاص بقانون العقود، والنظرية العامة للإلتزامات وإثباتها. وتهدف الدراسة الى إفادة القانون العراقي من القواعد الخاصة لقانون العقود الفرنسي الجديد كقواعد نموذجية يحتذى بها. وذلك فيما يتعلق بالتعبير عن التراضي في التعاقد بوسيلة الكترونية، ولا سيما مع طرف مهني. وتكمن مشكلة البحث في كيفية سد الثغرات في كل من القانون المدني العراقي رقم (40) لسنة 1951، وقانون التوقيع الإلكتروني والمعاملات الإلكترونية رقم (78) لسنة 2012. بخصوص المتطلبات الحديثة وطرق التعبير عن التراضي في التعاقد بوسيلة الكترونية، ومقوماته المتمثلة بالإيجاب والقبول. ولغرض تحقيق هذا الهدف فقد تبنت الدراسة منهج البحث القانوني التحليلي المقارن. أما أهم النتائج التي توصلت اليها الدراسة فهو النقص الكبير في التنظيم القانوني والقواعد ذات الصلة بالتراضي في التعاقد بوسيلة الكترونية في القانون العراقي مقارنة بالتنظيم التفصيلي لهذا الموضوع في قانون العقود الفرنسي. وأخيراً فقد قامت الدراسة بإقتراح عدة توصيات للمشرع العراقي ليحذو حذو القواعد الجديدة في قانون العقود ولا سيما المادة (1127).

Increasing access and transparency: evaluating transcript provision for rape victim-survivors in Scottish legal proceedings

PurposeThe purpose of this paper is to provide a viewpoint in response to the Scottish Government announcing a yearlong pilot scheme to make court transcripts available to complainants of rape who have had their case heard in the High Court. This is the outcome of a campaign led by survivors to make accessible records of their trial. Here, a five-question model is applied which cautions the use of written records of spoken interaction by asking, how adequate are they for the purpose intended to serve?Design/methodology/approachFive questions are asked of transcripts, or written records, from a previously developed model (Richardson et al., 2022): (i) Are they an accurate representation of the spoken interaction that took place?; (ii) Who has agency, whose “voice” is represented in the recorded account?; (iii) Do lay and professional parties have ownership over the record?; (iv) How usable is the record; and (v) How resource efficient it is to produce?FindingsThe application of these questions to the yearlong pilot scheme offers a view on how transcripts, as written records of spoken interaction, must be considered not as direct replicas of the interaction that took place, but as a subjective text created by professional parties. In making these available, ownership is significantly increased. However, whether they are adequate for the purpose they intend to serve is yet to be known.Originality/valueThe originality of this viewpoint is offering a framework in which to locate some of the potential considerations by which to evaluate the pilot scheme. In considering how “high” or “low” answers to the five questions might “score” and recognising that as the scheme develops these issues intersect, consequences may be predicted by what is already known. For example, by increasing resource efficiency, you might decrease accuracy of representation and vice versa.

A house purchase transaction that has been paid in full but the sale and purchase deed has not been executed by PPAT, resulting in losses for the buyer (Case Study Number: 15/Pdt.G/2023/PN.Gdt)

This research examines the juridical aspects of the collateral object of the credit agreement that was entered into by the developer and has been sold in full to the buyer. The research background involves the complexity of property transactions, where house ownership certificates are often used as collateral for credit loans. However, cases of non-compliance and fraud by developers and Notaries/PPATs can be detrimental to buyers, especially in cases that occurred at Feros Estate Housing, Pesawaran Regency, Lampung Province. The problem of this research is: What is the legal protection for home buyers whose objects have been guaranteed in advance by the developer to the bank (Case Study Number: 15/Pdt.G/2023/PN.Gdt)? and Legal consequences that arise between the home buyer and the bank as a result of the object having become a collateral object in the banking credit agreement (Case Study Number: 15/Pdt.G/2023/PN.Gdt)? The research method used in this research is a normative and empirical juridical approach using secondary and primary data. Next, the analysis is carried out qualitatively. As a discussion in this research, there is legal protection for home buyers whose objects have been guaranteed in advance by the developer to the bank based on Case Number: 15/Pdt.G/2023/PN.Gdt, namely: The existence of a Land Deed Making Officer (PPAT) Professionals are the main guarantors in ensuring accuracy, legal security and high professionalism in every transaction. PPAT has a big role, starting from checking the legality of documents to making a Sale and Purchase Deed (AJB), which provides legal certainty to buyers. Legal protection for home buyers does not only depend on the seller, but also on PPAT's obligation to provide complete information, check the legality of documents, and ensure the transaction process complies with established standards and regulations. Next is a discussion of the research regarding the legal consequences that arise between the home buyer and the bank as a result of the object having become a collateral object in a banking credit agreement based on Case Number: 15/Pdt.G/2023/PN.Gdt, namely: In a house buying and selling transaction with objects pledged as collateral to the bank, it can be concluded that the situation involves a complex series of risks and legal consequences. Several parties such as buyers, sellers, PPAT, and banks may face legal action depending on their role and contribution in the transaction. In house buying and selling transactions with objects pledged as collateral to the bank, high vigilance and the involvement of professional parties are required to mitigate legal risks that may arise. Preventive measures and awareness of legal aspects are very important to ensure the smoothness and validity of property transactions. The suggestions in this research are: The legal protection provided to home buyers in home buying and selling transactions is considered to be inadequate in protecting and providing rights for the community, especially prospective home buyers, the process is still quite complicated and many people didn't know it. So the relevant authorities, such as BPN, can increase supervision and carry out internal audits of PPAT. This is done in order to help and ensure that PPAT carries out its duties properly and provides maximum legal protection. Furthermore, the Government can do several things to reduce legal consequences, one of which is strengthening consumer protection regulations related to property transactions, especially when involving banks or PPAT.

Investigating the Causes of Variation Orders in Egypt Perspective of Medium and Small-Sized Companies

Introduction: Variation order became one of the major issues that is presented in construction projects. The nature of work in the construction industry is complex and difficult. Thus, variation order is expected to occur in every project due to its nature. The purpose of the study was to investigate the causes of variation order in construction projects in Egypt according to the perspective of professional parties working for medium and small sized construction companies. The main method used for data collection was a questionnaire survey with experts working in the Egyptian construction industry. 62 participants from 18 construction companies were invited to take part of the study, 51 of them accepted the invitation. The findings showed the top ranked causes of variation order according to small and medium sized construction companies were poor communication, omissions in the design, financial limitations of the owner, additional work requested by the client, and contractor’s desire to gain more profits. Thus, the proper understanding of the causes of the problem can be helpful towards establishing a suitable criterion for reducing variation orders in construction projects in Egypt. The contribution of this study lies in the fact that only a very limited number of research explored the perspective of medium and small sized construction companies in Egypt. The study can be useful for other countries with similar working conditions and still suffering from the adverse impact of variation order.

Factor that Contributes to the Ramp Design and the Effective Gradient for Ramp at Entrance Carporch Area for Housing Sector in Double-Storey House to Accommodate Low-Clearance Vehicles

The main aim of this study is to propose the effective gradient for different dimensions between ground clearances vehicles for ramp design in car porch areas for the housing sector. There are many guidelines and standards have been established, such as Building (Federal Territory of Kuala Lumpur) By-Laws 1985, Selangor Uniform Building By-Laws 1986, Guidelines for Car Parking ad Internal Traffic Circulation (Wilayah Persekutuan Kuala Lumpur 2018), Malaysian Standard 2426 1 2011, and Neufert Architect’s Data (Fourth Edition) as references to the consultants. However, each guideline shows only minimum guidelines and is not specific for each type of vehicle, especially vehicles which have lowered skirtings, such as sports cars or hummer vehicles. Hence, the aim of this research is to propose the effective gradient for different dimensions between ground clearances vehicles for ramp design in car porch areas for the housing sector and to determine the issues of ramp design at car porch in housing and residential area. To propose the effective gradient, the research will focused on the factor that contributes to the ramp design for accommodating low-ground clearances vehicles on high profile at the car porch area. In other words, to achieve this aim, an interview session has been held with the professional parties with architects, engineers in the engineering department at Majlis Bandaraya Seremban, DBKL, Majlis Bandaraya Melaka, Majlis Bandaraya Johor Bahru, Jabatan Kerja Raya (JKR) and consultant firms. The data that been collected during the interview session is based on the four aspects that are background of interview, existing guidelines and standards of ramp design, impact of improper design to residents and proposed the specific high ramp design criteria in a different situation to accommodate low-clearance vehicles. The researcher analyzed the data by grounded theory and color coding based on the respondents’ feedback. In short, after the researcher completes all the data collection, the researcher makes a conclusion and summary to propose the maximum gradient for different dimensions between the different dimensions of ground clearances. These data can be used to estimate the suitable degree and percent for different categories of ground clearances which is useful for current development and current technology circulation.

NEW MOVEMENT LOCAL WISDOMNOMIC: STUDY OF MAWAH AS A MODEL OF COMMUNITY ECONOMIC EMPOWERMENT

This research discusses the topic of Acehnese cultural issues, namely mawah which is a concept of local wisdom and an important role in the life of the Acehnese. The two main topics of this research are mawah dialectics in the socio-economy of the Acehnese, and the mawah model as empowering the modern economy of society. The method used in this research is qualitative through a philosophical normative approach. Data collection was carried out through interviews, observation, documentation, and FGD (Focus Group Discussion). The results of this study indicate that the Mawah dialect in the socio-economy of the people of Aceh occurs in several stages. Mawah first stage concentrated on breeding. is termed as “Mawah Aneuk Nang” In mawah which is divided between owners and breeders is about 50:50 distribution or depending on how the mawah was originally carried out. There are several mawah principles in empowering the Acehnese economy, namely the principles of al’adalah, at-t’awun and musawwamah. Mawah can be a model of massive modern agrarian economic empowerment if it is managed properly and involves professional parties. Some of the things that must be done are to establish Mawah Boards (BW) which are backed up by the district and village governments, then create networks and relationships as a gateway for mawah online. At this final stage, mawah becomes a start-up business.

Identifying the Causes of Delay in the Building Sector in Egypt: A Case Study of Small and Medium-Sized Companies

Delay in the construction industry is known to be a significant issue as indicated by many studies in the past few years. The construction sector in Egypt is not an exception as a wide range of projects are suffering from time overrun. the presence of time overrun in the project is the root of other problems such as cost overrun and poor quality. Hence, one of the simplest ways of dealing with delays is by identifying the causes and sources of delays in construction projects in Egypt. Therefore, this paper discussed the causes of delay in the building sector in Egypt according to the perspective of professional parties working in different small and medium-sized companies. The main method of data collection was a questionnaire survey with small and medium-sized companies in Egypt. The participants had more than 5 years of experience in the Egyptian construction sector. The financial problems faced by owners were considered significant by two different companies which indicates that this factor is usually the reason for delays in projects in Egypt. Ineffective planning and scheduling have also proven to be important in the procedure of preventing delays as it was mentioned by all experts involved in the data collection. This study has shown that the perspective of experts working in different companies may not be the same regarding the causes of delays in the construction sector. The adequate understanding of the causes aids in proposing effective strategies that can reduce the occurrence and impact of delays.

Asking for help without asking for help: How victims request and police offer assistance in cases of domestic violence when perpetrators are potentially co-present

Requesting police assistance can be especially challenging in cases of domestic violence, since perpetrators may be able to overhear victims’ telephone calls. This means that callers may not be able to make direct requests for help. Simultaneously, a routine task for police call-takers is to categorize incoming calls as genuine rather than, say, accidental or nuisance. We collected and transcribed 192 audio-recorded calls to a UK police service, which included interactions between callers and call-takers as well as between national operators and local call-takers. The latter provided access to the professional parties’ pre-transfer discussion and interpretation of what kind of trouble might be occurring in silent and otherwise ambiguous calls. Using conversation analysis, we found that, as well as unambiguous requests for help (e.g. ‘I need you to come because of assault by my partner’), callers formulated apparently inapposite turns (‘hiya, you all right?’) and used non-lexical resources (e.g. breaths) to build actions which also mobilized assistance. Professional call-takers’ discussions included domestic violence-implicative interpretations (e.g. ‘I heard a woman shout’). Parties collaboratively leveraged the affordances of turn design and sequence to request and offer help without revealing to potentially overhearing parties that callers were talking to the police. Our findings have implications for understanding how actions like requesting are accomplished in social interaction, as well as for training call-takers to recognize and act on communicative ambiguities in cases of domestic violence. Data are in British English.

Overseas Warehouse Location of Cross-Border E-Commerce Based on Particle Swarm Optimization

In order to solve the problem of cross-border e-commerce warehouses as transit stations and direct selling platforms, the location of a cross-border e-commerce overseas warehouse is deeply studied on the basis of particle swarm optimization. Firstly, it studies the principle of algorithm optimization and algorithm method of particle swarm optimization. Among them, the self-built overseas warehouse mode has high requirements on the construction threshold, which is suitable for large cross-border e-commerce enterprises. The overseas warehouse model is built by a professional third party, which is economical and flexible, so it is suitable for mass cross-border e-commerce enterprises. Another overseas warehouse model is to build a cross-border logistics one-stop service platform with overseas warehouse as the core for all kinds of cross-border e-commerce enterprises, which is the development direction of overseas warehouse in the future. However, due to the immature construction conditions and too strong resource integration, this model is still in the stage of research, exploration, and attempt. However, choosing the location of an overseas warehouse and how to use the particle swarm optimization algorithm in the overseas warehouse development experiment remain problems to be solved. After experiments and research, the particle swarm optimization algorithm is used to solve the problem in the context of cross-border e-commerce, which verifies the feasibility of the model, so as to give a specific scheme for the location of overseas hub warehouses and overseas warehouses.

Copyright Meets Consumer Data Portability Rights: Inevitable Friction between IP and the Remedies in the Digital Content Directive

Abstract The 2019 Digital Content Directive harmonizes the remedies of consumers in case of a lack of conformity of digital content or a digital service supplied to them by a professional party. Although the Directive is ‘without prejudice’ to intellectual property (IP), there are inherent overlaps with copyright in scenarios where consumers are entitled to terminate the contract. On the one hand, Art. 16(4) provides consumers with a restricted right at the time of termination to retrieve any nonpersonal content which was provided or created by them when using the digital content or service. It is argued that exercising that right can entail infringements of third-party copyright, depending on the circumstances, and that IP may often undermine the very regulatory concept and objectives of this ‘portability right’, particularly when cocreated content is involved. By contrast, traders should not be allowed to reject portability requests by waiving their own IP rights, as this would hamper the effectiveness of the consumer’s remedy. On the other hand, directive-based termination does not necessarily affect the fate of terms licensing or transferring IP rights in consumer content to traders, service providers or their (sub)licensees, because this is primarily a matter for national law. However, it is argued that traders, service providers and remaining service users can only keep relying on those licenses if their uses are within the scope of Art. 16(3) of the Directive, notwithstanding any deviating agreement to the detriment of the consumer.

Adel Selim (1926 - 1978), His Life and Political Role

Adel Salim, who was one of the well-known Erbil figures, had a prominent and significant political role in the rank of the Iraqi Communist Party. In the forties and fifties of the last century, he was in charge of part of the Baghdad underground organizations, and in the sixties and seventies he worked as a professional party cadre in Irbil, Sulaymaniyah, Kirkuk, Mosul and the Kurdistan branch of the Iraqi  Communist Party.   In addition to his role and positions before, during and after the National Front between the Communist Party and the ruling Baath Party in 1973.    During the years of his political struggle, Adel Saleem was subjected to persecution, detention and torture, and he spent 12 years completely in Iraqi prisons and exiles, specifically during the monarchy and the first republican era.  This research deals with aspects of Adel Selim's life and political struggle between the years (1926-1978), and it consists of four main axes:     The first axis: A brief overview of the history of his family, the beginning of his life and the stages of his studies. The second axis: Adel Salim's political struggle between the years (1941-1956), highlighting his struggle within the ranks of the Iraqi Communist Party, and his persecution, arrest and torture by the Iraqi security services.    The third axis: Adel Salim's political stances and struggle between the years (1965-1970), where Adel Saleem worked during this period in many regions of Kurdistan, specifically in Erbil, Kirkuk and Sulaymaniyah. He was an effective member of the Kurdistan Regional Office of the Iraqi Communist, and he played a prominent role in his party's various activities.    As for the fourth and last axis, it is devoted to the role and struggle of Adel Selim both politically and administratively which was between the years (1970-1978). As they touched on the political role of Adel Saleem, his opposing stances towards the National Front and the Baath Party, and his continuous criticisms at the Front's meetings in the presence of senior Baath Party officials. In addition to his tenure in the position of Secretary-General of Transport and Communications and his work in the Executive Council of the Kurdistan Region, then he was dismissed by a decision of the President of the Republic Ahmed Hassan Al-Bakr, and then he was poisoned and eliminated by the Ba'athist regime on 9/12/1978.

Cross-Border Remote B2C Contracts in the Practice of the Court of Justice of the European Union: Is the Consumer always Right?

The paper analyzes the legal positions of the Court of the European Union, developed when considering disputes arising from cross-border remote B2C (business to consumer) contracts. In particular, the criteria proposed by the Court of the European Union for determining the “orientation” of the professional party’s activity to the country of the consumer’s place of residence are being investigated. Based on the study of the practice of the Court of Justice of the European Union, it is concluded that consumers in the European Union are provided with increased legal protection as an economically weak party.The author summarizes that the Court of the European Union has developed a number of legal positions. In particular, the Court proposed an open list of criteria for determining the “direction” of the professional party’s activities to the country of the consumer’s place of residence. In addition, it was noted that the “direction of the professional party’s activities when concluding remote contracts is evidenced by the website that reads that the professional party implied the implementation of transactions with consumers residing in one or more member States, including the member State of the consumer’s place of residence. However, the mere fact of having access to the website of an intermediary or entrepreneur in the member state in which the consumer resides is not enough. The same applies to the indication of an e-mail address or other contact information, or the use of a language or currency that is usually used in the Member State of the place of establishment of an economic entity, which corresponds to paragraph 24 of the preamble to the Rome I Regulation.

Is Geothermal Power Plant (PLTP) on Mount Slamet Necessary?

This article intends to reflect on the construction of a Geothermal Power Plant (PLTP) on Mount Slamet. The construction of the PLTP has been rejected by the Banyumas community, especially the slope communities there. During the exploration process for the power plant, the people on the slopes of Mount Slamet experienced various impacts. Starting from the murky water, forest animals entering the villages, so that material losses cannot do business. This article reviews the phenomenology of how important the development of PLTP is in the midst of a surplus of electricity in Java Island. The findings in this article identify flaws in procedures from planning to implementation. The plan is to do legal acrobatics so that it is easy to get project permits. When doing exploration, it has a significant impact on the community on the slopes of Mount Slamet. Therefore the article tries to provide suggestions or input to local and central governments for; make an objective Environmental Impact Analysis (AMDAL), involve professional parties to conduct academic studies, involve the community or NGOs when determining the PLTP project, conduct intensive and periodic outreach to the community, and provide compensation to the affected communities.

Stakeholder views on the potential impact of a sugar-sweetened beverages tax on the budgets, dietary intake, and health of lower and higher socioeconomic groups in the Netherlands

BackgroundSocioeconomic inequalities in overweight and obesity exist in many European countries. A sugar-sweetened beverages (SSB) tax may contribute to a reduction of these inequalities. However, in the Netherlands, the government decided to not (yet) introduce an SSB tax, although the government has acknowledged its potential to be pro-equity. Understanding how various stakeholder groups perceive the potential effects of an SSB tax on different socioeconomic groups may provide useful insights into equity-related considerations in the debate whether or not to implement an SSB tax. This study aims to gain insight into the perceptions of stakeholder groups in the Netherlands on (1) the effects of an SSB tax on the budgets of lower and higher socioeconomic groups and (2) the impact of an SSB tax on socioeconomic inequalities in dietary intake and health.MethodsSemi-structured interviews were conducted in 2019 with 27 participants from various stakeholder groups in the Netherlands (i.e. health and consumer organizations, health professional associations, trade associations, academia, advisory bodies, ministries and parliamentary parties). Data were analyzed using a thematic content approach.ResultsParticipants from all stakeholder groups indicated that an SSB tax would have a larger impact on the budgets of lower socioeconomic groups. Participants from nearly all stakeholder groups (except trade associations) mentioned that an SSB tax could have greater health benefits among lower socioeconomic groups as these often have a higher SSB consumption and are more likely to be overweight or obese. Some participants mentioned that an SSB tax may have no or adverse health effects among lower socioeconomic groups (e.g. compensation of lower SSB consumption with other unhealthy behaviours). Some participants emphasised that an SSB tax should only be introduced when accompanied by other interventions (e.g. offering healthy alternatives), to make it easier for lower socioeconomic groups to lower their SSB consumption in response to an SSB tax, and to prevent adverse health effects.ConclusionsParticipants believed an SSB tax could contribute to a reduction in socioeconomic inequalities in dietary intake and health. However, additional interventions facilitating the reduction of SSB consumption in lower socioeconomic groups were recommended.

Auditors’ professional commitment, time budget pressure, independence, and audit quality

This study aims to investigate the effect of auditors’ professional commitment and audit time budget pressure on audit quality mediated by auditors’ independence at the Republic of Indonesia Supreme Audit Agency (BPK RI). This study applies explanatory research with a questionnaire method. The survey was conducted in mid-2020. The questionnaire was distributed to the head office and representative offices of BPK RI in 34 provinces. The samples of this study were 132 auditors of BPK RI throughout Indonesia. Data analysis used the Partial Least Square test to examine the influence of the variables of auditors’ professional commitment, audit time budget pressure, auditors’ independence, and audit quality. The results of this study conclude that audit quality can be influenced by auditors’ professional commitment either directly or indirectly through auditors’ independence, while audit time budget pressure only indirectly affects audit quality through auditors’ independence. These findings indicate that the majority of BPK RI auditors have conducted quality audits because the majority of BPK RI auditors are parties with high professional commitment and parties who can work professionally under audit time budget pressure in every audit assignment by maintaining their independence. This is evidenced by the majority of BPK RI auditors who cannot be influenced by personal interference or closeness with the audited entity to produce quality audit reports (LHP).

Практика формирования региональной партийно-политической элиты второй половины 1960-х - 1980-х гг. (на материалах Оренбургской области)

By the material of Orenburg region, the article describes the process of forming the Soviet regional party and political elite of the second half of the 1960-1980s. The author examines peculiarities of working with the party committees’ personnel reserve, describes functioning of the regional nomenclature, provides its statistical analysis and characterizes the system of professional party training of political leaders. The findings indicate continuity in the process of promotion to managerial positions, high intersectorial and geographical rotation of the administrative staff.

UPAYA PERDAMAIAN PROSES PERCERAIAN MELALUI MEDIASI OLEH PENGADILAN AGAMA SEBAGAI FAMILY COUNSELING

One of the social problems in Jember is the high divorce rate. Divorce is chosen because it is considered as a solution to the problems that previously occurred in the family. On the other hand, many studies have shown that divorce could bring negative effects on husbands, wives and children. It means that divorce not only brings the positive effects because it ends the previous problem but also raises new problems. Therefore, it needs family counseling agencies that can help to solve the problem. Religious court is not a family counseling institution but in practice, it has effort to reconcile and resolve family problems through mediation, so it is important to understand the mediation effort of divorce in religious court as family counseling. This research used qualitative approach in descriptive type. The research location was in Religious Court of Jember. The used informant determination technique was Purposive technique. The used data collection methods were observation, interviews, and documentation. The data were analyzed by using Miles and Huberman model. The research results indicated that the mediation of divorce in religious court was an effort to solve family problems done by both husband and wife assisted by neutral and professional third party that was mediator. He did not take decision, but he helped families reach reconciliation. The mediation process was carried out with a problem solving approach with several steps, namely (1) establishing relationships with clients (2) identifying family problems, (3) doing caucus as needed, (4) giving advice, (5) offering reconciliation through written agreement, and (6) making formal agreement.
 Salah satu masalah sosial di Jember adalah tingginya angka perceraian. Perceraian dipilih karena dianggap sebagai solusi atas permasalahan yang sebelumnya terjadi dalam keluarga. Di sisi lain, banyak penelitian menunjukkan bahwa perceraian dapat berdampak negatif bagi suami, istri, dan anak. Artinya, perceraian tidak hanya membawa dampak positif karena mengakhiri masalah sebelumnya tetapi juga menimbulkan masalah baru. Oleh karena itu, diperlukan lembaga konseling keluarga yang dapat membantu menyelesaikan masalah tersebut. Pengadilan Agama bukanlah lembaga konseling keluarga tetapi dalam praktiknya memiliki upaya untuk mendamaikan dan menyelesaikan masalah keluarga melalui mediasi, sehingga penting untuk memahami upaya mediasi perceraian di pengadilan agama sebagai konseling keluarga. Penelitian ini menggunakan pendekatan kualitatif dengan tipe deskriptif. Lokasi penelitian di Pengadilan Agama Jember. Teknik penentuan informan yang digunakan adalah teknik Purposive. Metode pengumpulan data yang digunakan adalah observasi, wawancara, dan dokumentasi. Analisis data menggunakan model Miles dan Huberman. Hasil penelitian menunjukkan bahwa mediasi perceraian di pengadilan agama merupakan upaya penyelesaian masalah keluarga yang dilakukan oleh suami dan istri dengan dibantu pihak ketiga yang netral dan profesional sebagai mediator. Dia tidak mengambil keputusan, tetapi dia membantu keluarga mencapai rekonsiliasi. Proses mediasi dilakukan dengan pendekatan pemecahan masalah dengan beberapa langkah, yaitu (1) menjalin hubungan dengan klien (2) mengidentifikasi masalah keluarga, (3) melakukan kaukus sesuai kebutuhan, (4) memberi nasihat, (5) menawarkan rekonsiliasi melalui kesepakatan tertulis, dan (6) membuat kesepakatan formal.

Clients’ downgrading reports about other people in welfare encounters: Matter out of place?

In welfare encounters, clients may from time to time report about other peoples’ doings in ways that are heard as more or less downgrading. This article examines how these reports are brought off in Norwegian vocational rehabilitation encounters, and especially, how the professional party aligns. Do such practices represent what Levinson calls ‘allowable contributions’ in the vocational rehabilitation meeting or are they treated as matter out of place? The analysis of five data extracts suggests that it is very important for the reception that the report is well contextualized and attuned to the institutional agenda. The counsellors displayed a neutral but cooperative alignment to reports integrated neatly in the business-at-hand in a top-down fashion (extracts 1–3). Here, the reports served as a tool to inform the recipient about the client’s own character and/or her experience of the rehabilitation process. However, in the two latter cases (extracts 4 and 5), where the client had a more initiating role, the reports appeared to have a more humorous or entertaining function. In response, the counsellors did not display alignment but searched for institutional relevance before re-contextualizing the report into a proper (institutional) context. This suggests that out-of-frame reports about other people delivered on a humorous footing do not straightforwardly fall into the category of ‘allowable contributions’ in this setting.

“We found a solution, sort of” – A qualitative interview study with children and parents on their experiences of the coordinated individual plan (CIP) in Sweden

Children and adolescents receiving services from two professional parties may obtain support with a coordinated individual plan (CIP). The Swedish law prescribes that CIP must incorporate service u ...