12 research outputs found
Perlindungan Hukum Hak Cipta Lagu yang Diaransemen Ulang (Remix) pada Aplikasi TikTok Tanpa Izin Pencipta Dan/Atau Pemegang Hak Cipta
Remixes of songs performed by content creators by changing the tempo of the song and the tone of the singer's voice done without the permission of the creator and / or copyright holder are rampant in the TikTok application. The purpose of this research is to find out the copyright protection of songs arranged into remixes and uploaded on the TikTok application, and to find out how the TikTok application company's efforts as an Electronic System Operator in providing copyright protection for songs that are changed into remixes. This research uses a normative juridical approach method. The data used is secondary data consisting of primary and secondary legal materials. The data collection method uses literature study. Data analysis is guided by qualitative methods to produce descriptive and analytical data. The results showed that based on Article 9 paragraph (1) letter d of Law Number 28 of 2014 concerning Copyright, that every person who will arrange a song into a remix must obtain permission from the creator and / or copyright holder. Article 5 of Law Number 28 of 2014 concerning Copyright regulates that every person who mutilates a work must obtain permission from the creator and / or copyright holder. The TikTok application company as the Electronic System Operator has made efforts to provide a reporting system to limit the distribution of copyright-infringing content in its application, but the reporting system owned by TikTok does not yet have an effective means of communicating between creators and/or copyright holders whose rights are infringed by creator content
Perlindungan Hukum Pemegang Hak Cipta Sinematografi terhadap Tindakan Spoiler Film melalui Media Sosial Instagram
Spoilers for films through social media platforms like Instagram without the permission of the creator and/or copyright holder still occurred frequently. This research aimed to understand the legal protection available to creators and/or copyright holders of cinematographic works against film spoilers on the Instagram application, as well as to identify the efforts made by Instagram's electronic system operators to protect creators and/or copyright holders from cinematographic copyright violations on the platform. The research method employed in this study used a normative juridical approach. The study used secondary data, which consisted of primary legal materials and secondary legal materials. The data collection method used was literature study. The data analysis method adhered to a qualitative method to produce descriptive analytical information. The results of the research showed that film spoilers against creators and/or copyright holders were protected by Article 40 letter m of the Copyright Act. The aggrieved party could file a lawsuit based on Articles 95 and 99 of the Copyright Act in the Commercial Court. Instagram's efforts to protect against spoiler activities were still ineffective. Instagram needed to improve its reporting facilities to become a reliable and secure electronic system in accordance with Article 15 of the Information and Electronic Transactions Act. Instagram could cooperate with relevant parties and authorities to improve the quality of creating a reliable and secure electronic system
Perjanjian Kredit Pada Koperasi KPRI ASIH Pegawai Negeri Sipil Di Surakarta
The problem that is often encountered in implementing soft loan credit agreements is bad credit. This study aims to determine the balance principle of the credit agreement at KPRI Asih Surakarta Cooperative and find out the obstacles, as well as efforts to overcome the obstacles encountered in implementing the KPRI Asih Surakarta Cooperative credit agreement. This research method uses a normative juridical approach. The data source used is secondary data, in the form of primary and secondary legal materials. The data analysis method is guided by qualitative methods to produce descriptive analytical information. The results of the study show that the position between cooperatives and customers in making agreements theoretically does not reflect the principle of balance. Borrowers do not have the freedom to determine the form and type of agreement. Cooperatives as business actors are required to draw up standard agreements in accordance with Law No.8/1999 concerning Consumer Protection, Financial Services Authority Regulation No.1/POJK.07/2013 Consumer Protection in the Financial Services Sector, and Financial Services Authority Circular Letter No.13 /SOJK.07/2014 Concerning Standard Agreements, with the aim that the rights of the parties, especially the borrower, are better protected and to avoid an imbalance between the parties which will end up harming the borrower. The implementation of the credit agreement at the KPRI Asih Surakarta Cooperative relatively shows obedience between the parties. The obstacles faced in the KPRI Asih Surakarta Cooperative credit agreement are a lack of understanding of the contents of the savings and loan agreement contract, the debtor is negligent/late in his obligation to pay off the debt, the debtor breaks his promise/defaults on the agreement agreed at the beginning of the contract. The cooperative method when a default occurs is carried out by collecting efforts, by sending warning letters to problematic customers, if the reprimand does not produce results, deliberations will be carried out and if it is still unsuccessful, it will be submitted to the Surakarta District Court
Perlindungan Hukum Data Pribadi Pengguna pada Lokapasar Tokopedia
The use of lokapasar cannot be separated from negative impacts, one of the negative impacts that can occur is the leakage of user personal data, as happened to Tokopedia. This study aims to determine the legal protection of personal data of Tokopedia marketplace users and to determine Tokopedia's responsibility in handling cases of user personal data leakage. This research uses a statutory approach method. The data used is secondary data consisting of primary legal materials and secondary legal materials. Data collection through literature study. The data analysis method is guided by a qualitative method that produces descriptive analytical information. The results showed that Tokopedia as an electronic system operator (PSE), has fulfilled its legal obligation to protect the confidentiality of user data, this is in accordance with Article 26 paragraph (1) of Law Number 11 of 2008 concerning Electronic Information and Transactions by committing to maintain the confidentiality of user data and will not disclose or trade personal information to third parties. Tokopedia is also responsible for data leaks in accordance with Article 3 paragraph (2) of Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions. Tokopedia provides notification via email to each registered user regarding data leaks in the Tokopedia database in accordance with Article 14 paragraph (5)
Perlindungan Hukum Kebocoran Data Pribadi Pengguna pada Perdagangan Elektronik Bhinneka.Com
One of the leaks of personal data in electronic commerce occurred at an online store, Bhinneka.com. The data leakage that occured was carried out by foreign parties by hacking into the electronic system by Bhinneka. The purpose of this study is to determine the legal protection of personal data leaks in Bhinneka electronic commerce. The type of research is normative legal research that refers to legislation. The research approach method used is a statutory approach by examining various specific rules related to the problem. The data analysis method is guided by qualitative methods by producing analytical descriptive information by collecting legal materials as an analytical tool to obtain an overview of legal protection. The results of the study show that the protection of personal data of Bhinneka users includes being protected in Article 2, Article 4, and Article 7 of the UU PK regarding consumer security and safety, Article 15 and 26 of the UU ITE which regulates prohibited acts, Article 3 of PP 71/2019 regarding the processing of personal data reliably and securely, Article 1 of PP 80/2019 regarding trade through electronic system, Article 2 of Permenkominfo 5/2020 regarding registration of private scope electronic system operators, Article 16 and Article 46 of the UU PDP regarding the protection of personal data
Perlindungan Hak Cipta Novel dalam Bentuk Buku Elektronik yang Diperdagangkan Tanpa Izin Pencipta dan/atau Pemegang Hak Cipta di Aplikasi Instagram
The development of technology has brought changes to novels from physical books to electronic books (e-books). Novels in the form of e-books are easy to pirate, this is indicated by the emergence of several Instagram accounts that trade novels in the form of e-books without the permission of the creator and / or copyright holder. This study aims to determine the legal protection of copyright novels in the form of electronic books traded on the Instagram application and to find out Instagram's policy in overcoming content that violates copyright. This research uses a normative juridical approach method. The data source is secondary data, with primary, secondary, and tertiary legal materials. The data collection method is a literature study. The data analysis method is guided by qualitative methods to produce analytical descriptive information. The results showed that copyright protection of novels in the form of e-books is contained in Article 40 paragraph (1) letter a of Law Number 28 of 2014 concerning Copyright, in its enforcement has not been effective to protect creators and / or copyright holders. Instagram accounts that trade novels in the form of e-books are still operating today. Creators and/or copyright holders do not get economic rights in the form of royalties that they should get, these actions violate the economic rights of creators and/or copyright holders that have been regulated in Article 9 of Law Number 28 of 2014 concerning Copyright. Instagram as an Electronic System Operator is responsible for the implementation of its electronic system. Instagram's policy in overcoming content that violates copyright is carried out by providing a reporting tool that can be accessed publicly in accordance with the provisions of Article 10 paragraph (3) of the Regulation of the Minister of Communication and Information Technology Number 10 of 2021 concerning Private Scope Electronic System Operators. Instagram has the authority to remove and block content if it receives reports of copyright infringement
Perlindungan Hukum Ekspresi Budaya Tradisional pada Upacara Adat Sedekah Gunung Merapi di Kabupaten Boyolali
The Merapi Mountain alms ceremony in Boyolali Regency is part of a traditional cultural expression that is preserved to this day. The legal protection of traditional cultural expressions is regulated in Law Number 28 of 2014 concerning Copyright. This research aims to find out the legal protection of traditional cultural expressions of the Mount Merapi alms ceremony in Boyolali Regency and to find out the role of the Boyolali Regency Regional Government in protecting traditional cultural expressions of the Mount Merapi alms ceremony. This research uses an empirical juridical approach. The data used are primary data and secondary data. Primary data collection is obtained by interview and questionnaire methods. Secondary data consisting of primary, secondary and tertiary legal materials obtained through literature study. The data analysis method uses qualitative methods to produce analytical descriptive information. The results of the research on the legal protection of traditional cultural expressions of the Mount Merapi alms ceremony are regulated in Article 38 and its explanation, Article 39, Article 40, Article 59, Article 60 of Law Number 28 of 2014 concerning Copyright, Law Number 23 of 2014 concerning Regional Government, Law Number 5 of 2017 concerning the Promotion of Culture, Regulation of the Minister of Education and Culture of the Republic of Indonesia Number 106 of 2013 concerning Intangible Cultural Heritage, Ministerial Regulation Number 13 of Law and Human Rights of the Republic of Indonesia of 2017 concerning the Promotion of Culture. The role of the Boyolali Regency Government in protecting traditional cultural expressions is carried out by starting to register the Merapi Mountain alms ceremony as part of the Intangible Cultural Heritage. The Boyolali Regency Government provides support through funds and facilitates the implementation of the Mount Merapi alms ceremony so that it can run well
Perlindungan Hukum Penggunaan PotretArtis Pada Pamflet Promosi Produk Kecantikan Di Aplikasi Instagram
Besarnya gelombang informasi yang terjadi salah satunya dimanfaatkan oleh pihak tertentu untuk menggunakan potret artis sebagai sarana promosi produk di Instagram tanpa izin pencipta dan/atau pemegang hak cipta. Penelitian ini bertujuan untuk mengetahui perlindungan hukum atas penggunaan potret artis tanpa seizin pencipta dan/atau pemegang hak cipta pada pamflet promosi produk kecantikan di aplikasi Instagram dan untuk mengetahui upaya Instagram sebagai penyelenggara sistem elektronik dalam menghindari penyalahgunaan hak cipta pada Instagram. Metode penelitian yang digunakan dalam penelitian ini menggunakan pendekatan yuridis normatif. Penelitian ini menggunakan data sekunder yang terdiri dari bahan hukum primer dan bahan hukum sekunder. Metode pengumpulan data menggunakan metode kepustakaan. Metode analisis data berpedoman pada metode kualitatif untuk menghasilkan informasi deskriptif analitis. Hasil penelitian menunjukan bahwa karya cipta potret dilindungi oleh Pasal 12 Undang-Undang Hak Cipta. Undang-Undang Hak Cipta menyediakan perlindungan litigasi dan non litigasi bagi para pihak yang merasa dirugikan. Para pihak yang merasa dirugikan dapat mengajukan gugatan ke pengadilan niaga berdasarkan Pasal 95 dan Pasal 99 Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Upaya Instagram dalam menghindari pelanggaran hak cipta potret dengan menyediakan sarana pelaporan masih belum maksimal pada pelaksanaannya. Instagram harus menyediakan sistem elektronik yang aman dan andal serta memfasilitasi sarana pelaporan sesuai dengan Pasal 15 dan Pasal 32 Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik. Kerjasama yang kooperatif antara Instagram, artis, dan pihak berwenang sangat dibutuhkan supaya keadilan dapat diwujudkan secara optimal
Kekuatan Hukum Hasil Mediasi dalam Penyelesaian Sengketa Tanah di Kantor Pertanahan Kabupaten Klaten
Mediation is the resolution of disputes outside of court and is assisted by a third party as a mediator for the disputing parties. It is realized that the mediation facilitated by the Klaten Regency BPN is not an institution that handles disputes and conflicts, so the results of the mediation as outlined in the mediation minutes do not have binding legal force. The purpose of this research is to determine the legal strength of land dispute resolution mediation facilitated by the Klaten Regency BPN and what obstacles are faced by land dispute resolution mediators. This research uses a normative juridical approach. The data used consists of primary and secondary data. Primary data is used to strengthen juridical analysis. Secondary data consists of primary and secondary legal materials. Data analysis is guided by qualitative methods to produce analytical descriptive information. The research results show that the mediation carried out by BPN Klaten Regency is only based on the good faith of the parties and the execution process will not occur if one of the parties does not carry out the contents of the agreed agreement. If the parties wish to obtain legal certainty regarding the power of execution, they must be registered with the Court in accordance with Article 41 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016. The obstacle faced by the mediator in the mediation process is that the certificate document is issued after being met. It turns out that the data is sometimes not updated enough and the egos of each party do not want to budge
Perlindungan Karya Cipta Gambar Karakter BT21 yang Ditransformasikan pada Bentuk Boneka dan Diperdagangkan secara Tidak Resmi Pada Aplikasi Shopee
Copyright infringement of BT21 character images that have been transformed into dolls was found in the sale of unofficial products in online electronic transaction media on the Shopee application. This study aims to determine legal protection for the results of transforming BT21 character images into dolls that are traded on the Shopee application and to determine Shopee's policy in avoiding the sale of products that violate copyright. This research uses a normative juridical approach. The data used is secondary data consisting of primary and secondary legal materials. The data analysis method is guided by qualitative methods to produce analytical descriptive information. The results of the study show that the images of BT21 characters that are transformed into dolls are included in copyrighted works protected by Law no. 28 of 2014 concerning Copyright. Article 40 paragraph (1) number 6 and 15 of the Copyright Law regulates works that receive copyright protection, namely works of art in the form of images and transformations. Violation of the sale of BT21 character dolls without permission and causing the creator to suffer moral and economic losses can claim compensation by filing a lawsuit. Shopee as an electronic system operator has a policy to avoid copyright infringement in the form of a special service called the Intellectual Property Rights Portal and in accordance with the provisions of Article 25 of Law No. 11 of 2008 concerning Information and Electronic Transactions. The Intellectual Property Rights Portal is Shopee's policy in handling reporting cases of Intellectual Property Rights violations and Shopee will take reports of Intellectual Property Rights violations seriousl