The Impact of Artificial Technology on Authors of a Cinematographic Creation

Algorithmic systems are used almost everywhere in our everyday lives and have strongly made their indispensable way into the film industry. This new reality has changed the rigid entertainment business models and has significantly impacted copyright law. The critical question that arises is how cinematographic authorship rights are affected by artificial contributions. Consequently, the main issue at hand is determining the legal status of the film author when it comes to using artificially created works. Since the film is a collectively created work of art, the possible authors were first determined by reviewing the relevant regulations. During this analysis, it has been revealed that an artificially created effort that lacks human creative participation is not considered a contribution and, consequently, not an author in the dogmatic copyright systems. This opens Pandora's box about the philosophical question of whether an artificial intelligence can or must be equated with a natural person if the creative cognitive processes are like those of a human being. Despite correct approaches, the well-intentioned proposals of the legal systems examined need to be revised. Solutions such as the e-person, the factually attributable natural person and a particular form of fair use will be experimented with in the future. A final national and international copyright solution for filmmakers has yet to be seen on the horizon

Reformulation of Decision-making System in ASEAN

ASEAN is a regional organization for Southeast Asia that was established on 8 August 1967 by five ASEAN countries at the time, namely Indonesia, Singapore, Malaysia, Thailand and the Philippines. Today, ASEAN has eleven members with Timor Leste as the youngest member. Like any other international organization, ASEAN has its own decision-making system. The decision-making system in ASEAN before the Charter was only consultation and consensus. That is, decision making based on the agreement of all members and can only be decided if no one refuses, this refers to the Bangkok Declaration. Meanwhile, after the establishment of the 2007 ASEAN Charter, there is a new decision-making system, namely ASEAN Minus-X. A decision-making system that does not rely on the approval of all its members, so that a policy can be decided even if only approved by a few members. This decision-making system can only be done in the economic field. From these two decision-making systems, there are several challenges that exist so that new ideas emerge to reformulate the decision-making system in ASEAN, which is considered relevant to the times and can accommodate all the interests of ASEAN members

Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract

The aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the goods rather than the existence of suspicion itself. It is required the most influence factor in having adverse effect on the function of the goods to be categorized as non-conformity of the goods in regards to a breach of contract. Suspicion could be removed by ensuring that the goods are functional. Finally, the burden of proof towards the suspicion on the non-conformity of the goods could be liable by the parties, especially the seller

Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic la

The Proportionality Test Models of Competing Rights Cases in the Civil and Common Law Systems: Lesson to Learn for Indonesia

This research focuses on the Proportionality test model of Competing Rights in practice in civil law countries (Germany and South Korea) and the Common Law System (United States and Canada). The research method used is a normative legal research method with statutory, comparative, and case approaches. The results show that the proportionality test is the "ultimate rule of law," a fundamental benchmark in judicial review, and has become a global constitutionalism recognised and applied internationally. Its application is structured and systematic with four test stages, such as German, Canadian, and South Korean models. Meanwhile, it is unstructured in the United States, and there is only one analytical tool (balancing test). In the case of decision, the four stages are only sometimes applied, but according to the needs of the analysis. If, at the third stage (necessity/minimal impairment), it is found that the object being tested is contrary to the Constitution, then the argumentation focuses on that analysis of it. The fourth stage is used if the case is more complicated and requires analysing the balance of norms and legal values. Meanwhile, in the Indonesian Constitutional Court practice, there is a proportional analysis, but it is partial, unstructured, and unsystematic. Therefore, in the future, it is essential to develop an Indonesian model of the principle of proportionality under the values of Pancasila and the 1945 Constitution

Navigating Ambiguity: Critiques of Indonesia's Health Law and its Impact on Legal Redress for Medical Malpractice Victims

In Indonesia, the fundamental right to health is enshrined in the 1945 Constitution, affirming every person's entitlement to live a safe and prosperous life with access to health services. The 2023 Health Law focuses on six pillars, including health security, funding, human resources, technology, primary care, and referral services, aiming to alleviate financial burdens through progressive financing. Particularly significant is the procedural change in protecting health workers, notably medical personnel, through the implementation of restorative justice methods. This article critically examines the implications of the 2023 Health Law on victim redress, particularly concerning medical personnel protection and the application of restorative justice in life-threatening medical error cases. However, the provision regarding the handling of medical personnel facing criminal allegations and disciplinary sanctions raises concerns regarding clarity and implementation. Ambiguities surrounding key terms and the prioritization of restorative justice mechanisms without clear guidelines may result in delays and inconsistencies in the legal process. This study sheds light on the need for clarity and refinement in legal frameworks to ensure the protection of both medical personnel and patients while promoting accountability and justice within the healthcare system

Examining Personal Data Protection Law of Indonesia and South Korea: The Privacy Rights Fulfilment

Personal data leakages have been experienced by both Indonesia and South Korea. To ensure the protection of privacy rights relating to personal data, both countries have promulgated special laws, namely the Indonesian Personal Data Protection Law (PDP Law) and the South Korean Personal Information Protection Act (PIPA). This study aims to compare the two laws to ascertain their similarities and differences by adopting a comparative law approach. The study found that similarities exist in the two laws. They are to protect personal data and confer rights on data subjects. In the absence of explicit consent given by data subjects, data controllers and processors are prohibited from collecting and processing the data with some exceptions. They also mandate a special institution that is tasked to investigate and sanction data controllers and processors when they conduct data infringement. There are inherent differences in the two laws. PIPA is designed to be the framework legislation and PDP is designed to be a special statute. Additionally, PIPA mandates the institution dealing with personal data protection without referring to any other law but the Act itself.  PDP Law clearly states that further provisions relating to this institution will be governed by Presidential Regulation

Indonesia Passenger’s Right Compensation for Transport Accidents: Is It Fulfilling a Sense of Justice?

The mode of transportation—whether on land, at sea, or in the air—plays a crucial role in passenger mobility across various countries. Between passengers and carriers, binding contracts establish their legal relationship. However, a persistent issue remains: to what extent should carriers be held liable in cases of loss, injury, or death of passengers, and what are their obligations regarding compensation? The key question revolves around the scope of the carrier's responsibility to compensate passengers. As such, regulations governing carrier liability and compensation have become a critical focus in international legal studies, including in Indonesia, with comparisons drawn to several Southeast Asian countries. This research employs normative legal methodology with a conceptual framework. It is analyzed descriptively using a qualitative approach and concludes through deductive reasoning. The findings suggest that passenger compensation in several Southeast Asian countries does not fully satisfy the sense of justice. While there are regulations addressing compensation, they are often insufficiently stringent. In cases where accidents lead to legal action, the compensation amount is typically determined by the presiding judges on a case-by-case basis.

RETRACTED: Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from Indonesia and the Netherlands

Retraction notice: This article has been retracted at the request of the Editor-in-Chief due to concerns related to authorship issues.This work is aimed at reexamining the well-known mark protection, particularly in Indonesia. It is sparked by a substantive gap, covering theoretical and practical elements in protecting well-known mark. The case rooted at the Indonesian Supreme Court decision that refers to the constitutive systems in mark registration and refused the Pierre Cardin proposal to invalidate the Indonesian local that used mark Pierre Cardin for his convection products. Normatively, the court should analyze and consider the architecture of norms in protecting well-known mark by going further into the international conventions on mark, such as TRIPs agreement and Madrid Protocol that recognize and protect the well-known mark. To analyze this case, this work will apply normative legal research. In the discussion section, this work elaborates the basic concepts of well-known mark, fundamental and core elements as well as the indicators or criteria of well-known mark. In addition, this work will compare some jurisprudences concerning the well-known mark protection. At the end, this work offers some substantive and pragmatic approaches in strengthening well-known mark protection. The substantive approach will discuss and examine some theories, norms, and policies used by judges in handling well-known mark cases. Whereas, the pragmatic approach underlines the importance of institutional networking and legal awareness improvement, particularly key society groups, e.g., university and industry, to control violation of well-known marks.

Notarial Challenges for Aircraft Deeds: Unlocking the Potential of Aircraft as Collateral

A notary is a public official entrusted with the authority to draft legal deeds pertaining to agreements within the scope of private law. However, their ability to fulfill this role is limited when they are unable to draft aircraft mortgage deeds. This study aims to critically evaluate the scope of a notary's authority in preparing aircraft-related deeds and to examine the various forms of legal deeds that have emerged in practice when aircraft are used as collateral in credit agreements. Using a normative legal approach, the research employs statutory analysis, conceptual exploration, and interpretative methods to assess legal materials. The findings reveal that notaries face considerable obstacles in exercising their authority due to the lack of specific regulations on aircraft mortgages, even as the aviation industry continues to grow rapidly. This regulatory void has resulted in the emergence of diverse deed types, such as Deeds of Agreement for the Transfer of Guarantee and Grant of Power of Attorney, Fiduciary Deeds, and Deeds for the Transfer and Guarantee of Power of Attorney. Furthermore, as aircraft, categorized as registered objects, can be classified as immovable property and potentially treated as mortgageable collateral, the establishment of specific regulations governing aircraft mortgages is essential to avoid legal uncertainty and ensure clear regulatory guidance