Muchtar Anshary Hamid Labetubun
Faculty Of Law Pattimura University

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A LEGAL AWARENESS OF COPYRIGHT ON REGIONAL SONG CREATORS Muchtar A H Labetubun
International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i1.15406

Abstract

Copyright as an exclusive right for the creator or copyright holder to carry out the results of his ideas or ideas in the form of specific information or certain. Basically, copyright is the right to copy, adapt or produce a work, copyright is possible for the right holder to limit the copying or in any form without the illegitimate permission of a work, it can be realized by registration copyright, in its application, of course, there are obstacles that exist in the enforcement of copyright law itself. One example is the lack of awareness in registration copyright of songs by the creator. The research objective was to determine and analyze the legal awareness of regional pop songwriters to register their copyright. The research method uses normative research through a conceptual approach and a statue approach. The results show that the composers of regional pop songs know the importance of recording copyright because it is in accordance with the mandate of Act No. 28 of 2014 concerning Copyright and has also participated in the socialization carried out by the Ministry of Law and Human Rights, but songwriters do not record their work. Some songwriters consider that the registration is of no use because, from an economic standpoint, they cannot profit or lose personally, besides that their aspirations have not been fully channeled by the related institutions they shelter in this case the Collective Management Institute. Therefore to decide on the sale of the song's copyrighted work rather than registering it to the Ministry of Law and Human Rights in the Field of Intellectual Property.
Penyelesaian Sengketa Hak Atas Logo (Suatu Kajian Overlapping Hak Cipta dan Merek) Muchtar A H Labetubun
ADHAPER: Jurnal Hukum Acara Perdata Vol 5, No 1 (2019): Januari - Juni 2019
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v5i1.93

Abstract

Berlakunya UndangUndang Nomor 28 tahun 2014 tentang Hak Cipta menentukan bahwa logo tidak dapat dicatatkan sebagai karya cipta, sehingga mengakibatkan karya cipta berupa logo tidak mendapatkan petikan resmi atas ciptaannya, maka perlindungan karya cipta atas suatu logo akan terancam sehingga berpontensi dibajak atau ditiru oleh orang lain. Sedangkan menurut Pasal 1 Ayat 1 Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografi s bahwa, Merek adalah tanda yang dapat ditampilkan secara grafi s berupa gambar, logo, nama, kata, huruf, angka, susunan warna, dalam bentuk 2 (dua) dimensi dan/atau 3 (tiga) dimensi, suara, hologram, atau kombinasi dari 2 (dua) atau lebih unsur tersebut untuk membedakan barang dan/atau jasa yang diproduksi oleh orang atau badan hukum dalam kegiatan perdagangan barang dan/atau jasa. Perbedaan pengaturan perlindungan hak atas Logo dalam Hak Cipta maupun Merek tersebut maka terjadi tumpang tindih (Overlapping) antara Hak Cipta dan Merek terkait dengan suatu karya Logo dalam praktek menghasilkan interpretasi. Penyebabnya karena kurangnya pemahaman mengenai perbedaan antara perlindungan hak cipta dan merek sehingga menimbulkan sengketa hak atas suatu Logo.
CONTROLLING OF IMPORTED OR EXPORTED GOODS RELATED TO BRAND PROTECTION BY CUSTOMS MUCHTAR ANSHARY HAMID LABETUBUN; MARSELO VALENTINO GEOVANI PARIELA
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (514.516 KB) | DOI: 10.36356/ulrev.v4i1.1522

Abstract

Customs regulations in Indonesia, there is also a legal mechanism to protect brands. Provisions in Chapter X of Law, Number 10 of 1995 concerning Customs as amended by Act Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, includes a prohibition on import or export restrictions and controls on the import and export of goods the results of infringement of Intellectual Property Rights including Trademark Rights. The role of Customs in the framework of protecting registered brands is as a traffic surveillance apparatus for goods entering or leaving Indonesian territory, the Directorate General of Customs and Excise (DJBC) is required to control the import-export of products resulting from violations in the field of trademark rights, and intellectual property rights and by court order can stop the entry and exit of goods infringing trademark rights. The implementation of the trips agreement in the laws and regulations on Indonesian customs can contribute to the protection of registered trademarks, especially in terms of being the front door in overcoming violations of trademark rights in Indonesia.
Penyuluhan Hukum Perlindungan Hak Petani Terhadap Pengembangan Varietas Tanaman Lokal Di Negeri Layeni Dan Negeri Wotay Kabupaten Maluku Tengah Ronald Saija; Muchtar Anshary Hamid Labetubun; Michael Nussy; Jimris F Nikodemus
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (667.72 KB) | DOI: 10.47268/aiwadthu.v1i1.486

Abstract

Introduction: The use of resources in a directed and efficient manner requires complete availability of data and information regarding climatic conditions, soil and other physical environmental characteristics, as well as requirements for cultivated plants, especially plants that have sufficient market opportunities and economic meaning. The development of plantation commodities in Central Maluku Regency, Teon Nila Serua District, especially Negeri (Village) Layeni and Negeri Wotay is slower than the potential available land.Purposes of Devotion: Providing an understanding of the protection of traditional crop varieties for the rights of farmers, especially farmers in Negeri Layeni  and Negeri Wotay, Central Maluku RegencyMethod of Devotion: Performed with the lecture method by each of the presenters. The lecturer is given time to deliver the material, after which the participants are invited to ask a problem or question, which is then answered in turn by the speaker according to the problem being asked.Results of the Devotion: Efforts to increase productivity are strongly influenced by success in improving the genetic potential of plant varieties. Activities that can produce more superior plant varieties need to be encouraged by providing incentives for people or business entities engaged in plant breeding that produce new varieties so as to provide greater added value to users. The strategy for developing superior plantation commodities must be implemented based on the principles of benefit and sustainability and integration. Plantation development in Central Maluku Regency must be based on land potential.
Workshop Kekayaan Intelektual sebagai Upaya Peningkatan Pemahaman dalam Rangka Pengenalan dan Perlindungan Indikasi Geografis Minyak Kayu Putih Namlea Pulau Buru Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Theresia Nolda Agnes Narwadan
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.932 KB) | DOI: 10.47268/aiwadthu.v1i2.671

Abstract

Introduction: Indonesia is a country that has many natural resources that have the potential to be related to Geographical Indications, one of which is Putiah Wood Oil originating from Buru Island.Purposes of Devotion: To provide efforts to increase understanding in the context of the introduction and protection of Geographical Indications of Eucalyptus Oil on Buru Island. Method of Devotion: The method used in this activity is in the form of a workshop for the Office of Cooperatives, the Department of Tourism, the Department of Industry and Trade, the Department of Fisheries, the Department of Agriculture and Micro, Small and Medium Enterprises in Namlea, Buru Regency through material presentation and questions and answers.Results of the Devotion: Eucalyptus Oil until now has not Registered as a Geographical Indication product. If this is allowed, it is possible that at one time there could be disputes related to unilateral claims or public deception. Eucalyptus Oil on Buru Island has the potential to be protected as a Geographical Indication and provides legal certainty for Eucalyptus Oil if registration is the main requirement for Wood Oil to obtain legal protection.
Implikasi Hukum Putusan Pengadilan terhadap Pembatalan Perkawinan Muchtar Anshary Hamid Labetubun; Sabri Fataruba
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.430

Abstract

Cancellation of a marriage begins after the Court decision has permanent legal force and is valid since the time the marriage takes place. The purpose of this study is to examine and analyze the legal implications of court decisions on cancellations made after marriage because it involves protecting the rights and obligations of the parties (husband and wife). The research method used is the type of normative research with a statutory approach, a conceptual approach and a case approach. The results showed that the cancellation of a marriage has permanent legal force, the separation is different from the husband and wife who separated due to divorce, but the obligation of iddah still applies to women whose marriage is canceled, while the provision of living has different provisions, namely, not getting a living from her ex-husband, because a marriage with a fasid contract that does not require a living. Cancellation of a marriage begins after a court decision has permanent legal force, and is effective from the time the marriage takes place.
Perlindungan Hukum Terhadap Kurir Dalam Sistem Cash On Delivery Helmi Djardin; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The Cash On Delivery method is often used by the public in online purchases, the lack of public knowledge of the Cash On Delivery payment system creates new problems when the purchase of goods does not match, the buyer does not want to pay for his order and threatens and violence against the courier.Purposes of the Research: Analyze and examine how the rights and obligations between the parties in online transactions with the Cash On Delivery system and how the legal protection of couriers in the Cash On Delivery system. Methods of the Research: This research is included in normative legal research, namely research examining positive legal provisions, legal principles. Legal principles and doctrines to answer the legal issues faced.Results of the Research: In buying and selling online using the Cash On Delivery system, there are parties involved, namely the marketplace, sellers, consumers, and shipping service companies (couriers). This sale and purchase creates rights and obligations that must be fulfilled, in this case there are no regulations that specifically regulate the protection of couriers, but the employer company is required to provide protection to its workers. The company is responsible for occupational safety and health, including work accidents.
Perlindungan Hukum Konsumen Terkait Jual Beli Tiket Pesawat Secara Online Moh Jihad Labetubun; Merry Tjoanda; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Development of transportation, especially air transportation, is now growing very rapidly, supported by today’s technology, this also causes various kinds of problems, especially in buying and selling airplane tickets online, many complaints from consumers such as delays in confirming e-tickets that have been purchased, unilaterally increase the interests of the travel party which is certainly very detrimental to the consumer.Purposes of the Research: The obectives of this research are: to find out and analyze business actors in selling airplane tickets online is against consumer losses. This research includes normative legal research conducted with a legal  and conceptual approach. Data collection techniques by means of literature study, documents study. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the legal approach.Results of the Research: Bassed on the result of the study, it shows that consumer protection in buying and selling airplane tickets online has not been running properly because the Consumer Protection Act can be implemented because business actors are still obligated, prohibited and have consumen rights. Especially in providing correct, clear and honest information. This is because business actors are solely looking for their own profit. Consumer results get guarantees for consumer rights. The responsibility of the business actor or seller here is to make compensation based on Article 19 parragraph (1) of Law Number 8 of 1999 concerning Consumer Protection.
Penggunaan Persetujuan Medis Sebagai Alat Bukti Gunawan Tamher; Ronald Saija; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Informend Consent is an agreement that is given after receiving information. Approval of action to be taken by the doctor must be done without any element of coercion.Purposes of the Research: The purpose of this paper is to determine the use of Informend Consent as evidence in civil disputes and the factors that influence it. Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.
Penggandaan Smadav PRO Tanpa Izin Pencipta Ditinjau Dari Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Akmal Asamahdi Latukau; Rory Jeff Akyuwen; Muchtar A H Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The development of science as part of the object protected by copyright. One of the creations that are protected by copyright is software, which in this writing is Smadav antivirus software.Purposes of the Research: This study aims to explain and inform about legal arrangements and legal protection to creators regarding the doubling of the Smadav serial number/key in Law Number 28 of 2014 concerning Copyright.Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: The results show that, duplicating the serial number/key from Smadav Pro, there are several factors that influence a person in doing so, including low law enforcement, low public purchasing power for original software, and the rapid development of information technology. Furthermore, if there has been a violation of the software or in this case the duplicating of the Smadav serial number/key, the creators can take steps, namely through mediation, arbitration, or court processes and the application of complaint offenses for criminal charges.