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PERLINDUNGAN HUKUM TERHADAP HAK CIPTA LAGU DAN MUSIK MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2004 UTAMA, ARYA; TITAWATI, TITIN; LOILEWEN, ALINE FEBRYANI
GANEC SWARA Vol 13, No 1 (2019): Maret 2019
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.267 KB)

Abstract

The rapid development of information technology has a positive and negative impact on the enforcement of Copyright law. The positive impact is in line with technological advances, especially the internet, so it's easy to buy original songs or music through online shopping facilities. While the negative impact is the increasing number of links downloading songs or illegal music in cyberspace, as well as the easier the piracy of voice recording works in the real world.     The research method used in this study is a library research method that is normative juridical, namely research that refers to legal norms that exist in legislation, literature, expert opinions, papers, etc. In this case the copyright registration of the song and music is not an evidence if there is a copyright dispute over the song and music on the internet media, if there is prior publication carried out by one of the parties to the dispute then someone who can prove the authenticity of his creation will be the copyright holder of the disputed song or music. In Article 35 paragraph (4) the Copyright Act explains that the provisions on registration of work are not an obligation to obtain a Copyright, because Copyright protection arises automatically, (Automatic Protection) since the creation is manifested in a tangible form, without having to go through registration procedure
PERLINDUNGAN HUKUM BAGI PEMULIA TANAMAN TITIN TITAWATI; ALINE FEBRYANI LOILEWEN; GEDE TUSAN ARDIKA
GANEC SWARA Vol 14, No 1 (2020): Maret 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.892 KB) | DOI: 10.35327/gara.v14i1.126

Abstract

This study aims to study and to analyze the legal protection for plant breeders and law enforcement for Plant Variety Protection (PVP). This research is a normative legal research, which is based on written legislation and various literatures related to this issue. The form of legal protection for plant breeders is Law Number. 29 of year 2000 concerning Protection of Plant Varieties, has provided legal protection for plant breeders, through Law No. 12 of year 1992 concerning the Plant Cultivation System (UUSBT) and Law No. 29 of year 2000 (UUPVT), UUPVT provides protection for breeders 'economic rights, while UUSBT provides protection for breeders' moral rights. Law enforcement against violations of PVP has been done well, this is evidenced by several cases submitted to the Court, but there are still some cases that are wrong in the application of the law. It is expected that the implementation of the PVP Invitation Act is more optimal
TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN (PENUMPANG) PESAWAT UDARA TITIN TITAWATI; ALINE FEBRIYANI LOILEWEN; GDE TUSAN ARDIKA
GANEC SWARA Vol 15, No 1 (2021): Maret 2021
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i1.201

Abstract

      The development in the transportation sector, both goods, and services, especially transportation/ transportation using aircraft, is very rapid, it can be seen from the large number of business actors engaged in the aviation business. However, this is not balanced with good service to consumers, airlines have recently made unilateral flight cancellations or cancellations of flights for various reasons. This causes losses for passengers as consumers. This study aims to determine how the responsibility of business actors towards consumers/ passengers who suffer losses due to flight cancellations and legal remedies that can be taken by consumers. This study uses a form of normative legal research, which is research-based on written regulations and legislation and various literature related to the issues to be discussed in this study. An airline as a business actor can be held accountable if it makes a mistake. There are several types of responsibility in law, including responsibility in the sense of responsibility or also called moral responsibility, and responsibility in the sense of liability or also called juridical responsibility. The form of airline responsibility to passengers is included in the form of responsibility based on the element of error (liability based on fault) which is based on the principle of absolute responsibility (strict liability). The onrechtmatige daad doctrine is the basis for the formation of the principle of absolute responsibility as stated in article 1365 of the Civil Code which focuses on fault elements.
PERLINDUNGAN HUKUM BAGI NASABAH PENGGUNA INTERNET BANKING ALINE FEBRIANY LOILEWEN; TITIN TITAWATI
GANEC SWARA Vol 13, No 2 (2019): September 2019
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.492 KB) | DOI: 10.35327/gara.v13i2.83

Abstract

  This study aims to examine and analyze how the legal protection and supervision of the banking world for customers using internet banking facilities.  This study uses a form of normative legal research, namely research that is based on written rules and legislation and various literature related to the problems that will be discussed in this study.   Some forms of legal protection for customers using internet banking facilities are the existence of the Financial Services Authority Regulation No.38 / POJK.03 / 2016 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks (POJK IT Risk Management). The existence of Article 1 number 12 of Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), electronic signatures are signatures consisting of electronic information that is attached, associated or related to other electronic information used as a verification and authentication tool . Another thing that can be done by customers who use internet banking facilities is to conduct customer complaints. Customer complaints are a manifestation of the protection of rights owned by customers, namely the right to be heard. This right is regulated in Article 4 letter d of Law 8 of 1999 concerning Consumer Protection of the PK Law). Whereas in the financial services sector, there is Article 32 of the Financial Services Authority Regulation No. 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector (POJK PK) which stipulates that financial service sector business operators must have and carry out customer service and settlement complaints.  The supervision policy carried out by Bank Indonesia towards banks aims to protect the interests of the community and to maintain the continuity of the bank's business as a trust and as an intermediary institution, the supervision is carried out either directly or indirectly
PENGATURAN DAN PENGAWASAN SEKTOR JASA KEUANGAN BERDASARKAN UU NO. 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN (OJK) ALINE FEBRIANY LOILEWEN; TITIN TITAWATI
GANEC SWARA Vol 14, No 2 (2020): September 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v14i2.145

Abstract

This study aims to examine and analyze how the Financial Services Authority (OJK) is regulated based on Law No.21 of 2011 concerning the Financial Services Authority (OJK), and how the functions of the Financial Services Authority (OJK) in providing consumer protection in the financial services sector .This study uses a form of normative legal research, which is research based on written regulations and legislation and various literature related to the issues to be discussed in this study. The Financial Services Authority (OJK) based on Law No.21 of 2011 concerning the Financial Services Authority (OJK) has the task of regulating and supervising several financial service sectors, namely the banking sector, capital market, insurance, pension funds, financing institutions and financial service institutions. other. In the banking sector, OJK has the authority to regulate and supervise bank institutions, bank soundness, prudential aspects, bank inspections. Therefore, the issue of bank establishment licensing and bank business license revocation falls under the authority of OJK. With regard to consumer protection, OJK has the authority to take measures to prevent losses to consumers and the public by providing information and education to the public regarding the financial services sector, services and products.
ANALISIS YURIDIS PEMEGANG HAK GUNA BANGUNAN YANG TELAH DALUWARSA GEDE TUSAN ARDIKA; TITIN TITAWATI; RAMLI RAMLI
GANEC SWARA Vol 15, No 2 (2021): September 2021
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i2.228

Abstract

This study aims to analyze and examine how the consequences and legal remedies for holders of Building Use Rights that have expired in terms of PP no. 40 of 1996 concerning Cultivation Rights, Building Use Rights and Land Use Rights. This research uses a normative-empirical research method, with the statute approach, conceptual approach, case analysis approach and facts approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Field data collection using interview techniques and then analyzed qualitatively.The results of the study show that: 1) The legal consequences for the holders of Building Use Rights that have expired or have expired, in order to remain as the holders of Building Use Rights can be done in two ways, first through the extension of rights and secondly by renewal of rights. 2) Legal remedies against holders of Building Use Rights whose validity period has expired are through administrative measures, namely increasing the rights to property rights and legal remedies through the decisions of the State Administrative Court