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PELAKSANAAN PEMOTRETAN DIRI SESEORANG TANPA IZIN UNTUK KEPENTINGAN KOMERSIAL (STUDI PUTUSAN MA NO. 262.K.PDT.SUS/HKI/2016) Agung Julian; O.K. Saidin; Jelly Leviza
Ilmu Hukum Prima (IHP) Vol. 5 No. 1 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i1.2177

Abstract

Copyright is the exclusive right of a creator that arises automatically based on declarative principles after a creation is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. The results of the discussion the photographer or the person using the portrait whose subject is a human for commercial purposes must first obtain permission from the person being photographed to be able to use the portrait for commercial purposes, so that the photographer and the person using the portrait do not commit an unlawful act. Legal analysis of Supreme Court Decision No. 262.K.PDT.SUS/HKI/2016 which decided that Siloam Hospital had committed an unlawful act in terms of Law no. 29 of 2014 concerning Copyright is based on paragraph 1 of Article 12 where every photo taken by the photographer with a human object must obtain prior permission from the person being photographed.
Upaya Hukum Penyelesaian Sengketa Penguasaan Tanah Adat (Studi Putusan Nomor 55/Pdt.G/2013/PN.Blg; 50/PDT/2015/ PT.MDN; 2753 K/PDT/2015) Steven Putra Harefa; O.K. Saidin; Yefrizawati Yefrizawati; Tengku Keizerina Devi Azwar
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.323

Abstract

The Toba Batak ethnic group living in the Samosir area is essentially a collection of traditional communities and generally are farmers who work on agricultural land and conceptualize land as not only an economic resource but also as a clan identity. The important role of land in human life, is that land is an object that is prone to disputes or disputes between humans. This type of research is empirical juridical research where the approach to the problem is carried out by examining the provisions of customary law in the Toba Samosir Regency. This research is normative and descriptive analysis, where this research attempts to describe, explain, and analyze the problems that arise, and then look for the correct answers as solutions to these problems. The results of the discussion of the problems that arise in this research are that legal efforts to resolve disputes over customary land tenure in Toba Samosir Regency can be carried out through non-litigation channels with consensus deliberation through traditional leaders and if a resolution cannot be obtained, then it will be taken through litigation. Legal efforts to resolve customary land tenure disputes in Toba Samosir Regency through litigation have provided legal certainty and legal protection.