高等教育中的抄袭:权力关系与法律层面

Fradhana Putra Disantara
{"title":"高等教育中的抄袭:权力关系与法律层面","authors":"Fradhana Putra Disantara","doi":"10.21070/JIHR.2020.7.714","DOIUrl":null,"url":null,"abstract":"Academic expression of a person is often manifested in various scientific works as a form of efforts to help ‘educate the nation's life’. However, this scientific work becomes the object of intellectual crime, namely plagiarism. In fact, these intellectual crimes occur in tertiary institutions by utilizing the power relation aspects of certain academic positions. This research is a legal research; which aims to describe power relations as the cause of plagiarism in higher education, and is associated with professionalism and academic ethics; then describe the legal aspects that can be imposed on plagiarism for plagiarism in the realm of Higher Education. In this legal research, primary and secondary legal materials are used to inventory in order to obtain a prescription study on the legal issues discussed. The results of the study state that power relations are the main cause of plagiarism in Higher Education; considering that power relations lead to the structure of academic positions; so that it has the potential to make individuals under the control and dependence of parties who have greater authority. Then, the legal aspects of plagiarism in Higher Education can give birth to legal consequences; in the form of criminal sanctions, civil sanctions, and administrative sanctions. Therefore, the researcher recommends revising the Ministerial Regulation regarding plagiarism in Higher Education; and revising copyright laws and regulations by including several norms regarding plagiarism.","PeriodicalId":31020,"journal":{"name":"Rechtsidee","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Plagiarism in Higher Education: Power Relations and Legal Aspects\",\"authors\":\"Fradhana Putra Disantara\",\"doi\":\"10.21070/JIHR.2020.7.714\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Academic expression of a person is often manifested in various scientific works as a form of efforts to help ‘educate the nation's life’. However, this scientific work becomes the object of intellectual crime, namely plagiarism. In fact, these intellectual crimes occur in tertiary institutions by utilizing the power relation aspects of certain academic positions. This research is a legal research; which aims to describe power relations as the cause of plagiarism in higher education, and is associated with professionalism and academic ethics; then describe the legal aspects that can be imposed on plagiarism for plagiarism in the realm of Higher Education. In this legal research, primary and secondary legal materials are used to inventory in order to obtain a prescription study on the legal issues discussed. The results of the study state that power relations are the main cause of plagiarism in Higher Education; considering that power relations lead to the structure of academic positions; so that it has the potential to make individuals under the control and dependence of parties who have greater authority. Then, the legal aspects of plagiarism in Higher Education can give birth to legal consequences; in the form of criminal sanctions, civil sanctions, and administrative sanctions. Therefore, the researcher recommends revising the Ministerial Regulation regarding plagiarism in Higher Education; and revising copyright laws and regulations by including several norms regarding plagiarism.\",\"PeriodicalId\":31020,\"journal\":{\"name\":\"Rechtsidee\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-12-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Rechtsidee\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21070/JIHR.2020.7.714\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Rechtsidee","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21070/JIHR.2020.7.714","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1

摘要

一个人的学术表达往往表现在各种科学著作中,作为一种帮助“教育国民生活”的努力形式。然而,这种科学工作却成为智力犯罪的对象,即剽窃。事实上,这些知识分子犯罪是利用某些学术职位的权力关系方面在高校发生的。本研究是一项法律研究;旨在将权力关系描述为高等教育剽窃的原因,并将其与专业精神和学术道德联系起来;然后描述在高等教育领域中可以对剽窃行为施加的法律方面。在本法律研究中,主要采用一级和二级法律资料进行清查,以便对所讨论的法律问题进行处方性研究。研究结果表明,权力关系是高等教育剽窃的主要原因;考虑到权力关系导致学术职位结构;因此,它有可能使个人处于具有更大权力的各方的控制和依赖之下。其次,高等教育剽窃行为的法律层面会产生法律后果;采取刑事制裁、民事制裁、行政制裁等形式。因此,研究者建议修改《高等教育剽窃部级条例》;修改版权法和法规,包括一些关于抄袭的规范。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Plagiarism in Higher Education: Power Relations and Legal Aspects
Academic expression of a person is often manifested in various scientific works as a form of efforts to help ‘educate the nation's life’. However, this scientific work becomes the object of intellectual crime, namely plagiarism. In fact, these intellectual crimes occur in tertiary institutions by utilizing the power relation aspects of certain academic positions. This research is a legal research; which aims to describe power relations as the cause of plagiarism in higher education, and is associated with professionalism and academic ethics; then describe the legal aspects that can be imposed on plagiarism for plagiarism in the realm of Higher Education. In this legal research, primary and secondary legal materials are used to inventory in order to obtain a prescription study on the legal issues discussed. The results of the study state that power relations are the main cause of plagiarism in Higher Education; considering that power relations lead to the structure of academic positions; so that it has the potential to make individuals under the control and dependence of parties who have greater authority. Then, the legal aspects of plagiarism in Higher Education can give birth to legal consequences; in the form of criminal sanctions, civil sanctions, and administrative sanctions. Therefore, the researcher recommends revising the Ministerial Regulation regarding plagiarism in Higher Education; and revising copyright laws and regulations by including several norms regarding plagiarism.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
2
审稿时长
5 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信