Edi Ribut Harwanto
Head Of The Law Faculty Laboratory And Advocate-Lecturer In Economic Criminal And Intellectual Property Rights, Faculty Of Law, Muhammadiyah Metro University

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Penolakan Rektor Perguruan Tinggi Negeri dan Perguruan Tinggi Swasta atas Demands Deliverance Uang Kuliah Tahunan Mahasiswa yang Terdampak Akibat Virus Covid-19 Edi Ribut Harwanto
JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL Vol 13, No 1 (2021): JUPIIS (JURNAL PENDIDIKAN ILMU ILMU SOSIAL) JUNI
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/jupiis.v13i1.22981

Abstract

This study aims to determine the response of the leadership of PTS and PTN rectors throughout Indonesia regarding the full exemption of UKT for students who are affected by the Covid 19 virus and the impact of criminal and civil law on leaders or higher education institutions. In the context of this problem, the authors see from the optical psychology of law aspects in the legal review process, with two approaches to religious norms and an approach with positive legal norms. Furthermore, to support the purpose of this study, the paradigm used in this study is the post-positivism paradigm. The results of the study show that, based on the formulation of the criminal provisions of Law No.12 of 2012 on Higher Education, criminal provisions are regulated for those who commit criminal offenses. Meanwhile, regarding administrative sanctions for PTS and PTN higher education institutions that violate it, they are subject to administrative sanctions. Of the various administrative sanctions that have been regulated, there are also no rules for PTS and PTN to get sanctions, if they do not give full UKT exemption to students. What is regulated relating to students is only in Article 76 (1) "the government, local governments, and / or tertiary institutions are obliged to fulfill the rights of economically disadvantaged students to be able to complete their studies in accordance with academic regulations.
COMPARATION OF INTERNATIONAL COPYRIGHT LAW IN INDONESIA COUNTRIES - HONGKONG - SINGGAPORE - MALAYSIA AND THAILAND VIEWED FROM THE ASPECT OF CRIMINAL SANCTIONS ON CORPORATION Edi Ribut Harwanto
Muhammadiyah Law Review Journal Vol 3, No 1 (2019): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (398.237 KB)

Abstract

Copyright Law No. 28 of 2014 concerning Copyright in Indonesia has been ratified since 2014, and came into force and can be implemented or operationalized after two years later in 2016. The main problems that arise with the application of the Copyright Act Cipta in Indonesia there are other issues related to juridical issues regarding the formulation of criminal provisions and related to the problem of unclear issues regarding the formulation of criminal offense qualifications or unclear violations, determination of the subject of corporate law is not regulated, corporate criminal sanctions are not regulated, formulation of sanctions for sanctions that are not clear, against criminal offenses in the Copyright Act. Juridical problems in the Copyright Act in Indonesia will have an impact on the implementation and operation of the current and future Copyright Laws. Furthermore, a discussion on the comparative policy formulation of criminal provisions against corporate legal entities in Indonesia with the Copyright Act in other countries. Copyright Regulations, except for the Indonesian state, do not regulate criminal sanctions against corporations, while Malaysia, Singgapura, Malaysia, Hong Kong and Thailand all regulate criminal sanctions against corporations and include them as strict legal subjects in their material and formal laws. That, proving that, copyright infringement in the eyes of foreign countries is considered important and crucial, so it needs to be regulated in the policy formulation of criminal provisions in that country in order to protect copyright holders, related rights and performers of copyright. Unlike the Copyright Act in Indonesia, only regulates the legal subject of individuals, while corporate legal entities are only referred to in the juridical definition in general provisions of the Copyright Act only, but the provisions in the formulation policy of criminal provisions are not clearly and clearly regulated. Though it is clear that criminal liability sanctions between individuals with criminal sanctions corporate legal entities differ in the imposition of sanctions. Corporations are legal entities created by law. The body that it creates consists of a "corpus" that is, its physical structure and into it the law of entering "animus" which makes the body have a personality. Because the legal entity is a legal creation, except for its creator, its death is also determined by law. To identify how the forms of legal entity are called corporations in general. The corporation has an important characteristic namely; is an artificial legal subject that has a special legal position, has a limited life span, obtains power from the state to carry out certain business activities, owned by shareholders. Shareholder responsibility for corporate losses is usually limited to the shares he owns. Furthermore, to support the objectives of this study, the paradigm used in this study is the post-positivism paradigm. Post-positivism paradigm wants to prove everything is based on reality that can be built based on experience, observation, researchers are neutral towards the object of research, even though researchers holding this paradigm remain neutral towards the object of research, but he wants to examine what actually happens from things that actually as if for sure. The post-positivism paradigm ontologically conceptualizes reality as it really is, but it is realized that there are actually many factors that influence that reality. Consequently, ontologically the post-positivism paradigm conceptualizes the law as a set of rules that apply in society whose behavior will be influenced by economic, political, cultural, and other factors. Epistemologically, researchers sit themselves impersonal, separate from the object of research. The researcher's position on the object of research is neutral and impartial.
COVERS OF MUSIC AND SONGS WITHOUT NO LICENSE AGREEMENT OF THE CREATOR AND COPYRIGHT HOLDER CARRIED OUT BY CORPORATE AND INDIVIDUAL BLACK YOUTUBERS ON THE YOUTUBE CHANNEL Edi Ribut Harwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v1i3.392

Abstract

Criminal acts such piracy, copying, covering, distributing, and arranging musical works that belong to copyright holders, associated rights holders, and performers without a license or permission cannot be dealt with solely by illegal law enforcement under the Copyright Law. Furthermore, violators of piracy, song covers, music rearrangements without the consent of the copyright owners, associated rights, and performers shall face criminal penalties under Copyright Law No. 28 of 2014. This socio-legal research method study is a study that "integrates" doctrinal studies with social studies. In this study, using the postpositivism paradigm as the foundation of reality based on experience. To provide a sense of justice and legal certainty for copyright holders, connected rights, and future performers, the author's conclusions and recommendations are that the criminal provisions in Law No. 28 of 2014 respecting Copyrights that face juridical challenges should be reformulated. Besides, in the transition phase to the application of criminal sanctions provisions in the copyright law, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Corruption as a legal subject in terms of Non-Tax State Revenue (PNBP) and Law No. 28 of 2007 concerning General Provisions on Tax Procedures, the legal subject can be seen from the non-payment of license taxes to the state treasury as state income.
LEGAL PROTECTION OF UNREGISTERED MARKS IN INDONESIA Edi Ribut Harwanto; Samsul Arifin
Journal of Humanities, Social Sciences and Business Vol. 2 No. 1 (2022): NOVEMBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/jhssb.v2i1.393

Abstract

In accordance with Law No. 20 of 2016 pertaining to Marks and Geographical Indications, trademark protection in Indonesia is only granted following registration under a constitutive system. This study aims to examine the pseudo-legal protection afforded to unregistered trademark owners in Indonesia. This study employs a normative legal research methodology because its focus departs from the ambiguity of norms, employing a statute approach and a conceptual approach. The technique for tracing legal materials involves document analysis techniques and qualitative study analysis. The findings of this study indicate that Mark Protection in Indonesia is granted only after registration in accordance with the constitutive registration system adopted by Law No. 20 of 2016 regarding Marks and Geographical Indications. Unregistered trademarks are not protected by law. Meanwhile, if an unregistered mark is used or imitated without permission or rights, the owner of the mark cannot file a lawsuit against the violator.
Pelanggaran Hak Cipta dan Hak Moral yang Dilakukan Yuser dapat Diancam Hukuman Pidana Edi Ribut Harwanto
Jurnal Hukum Indonesia Vol. 2 No. 3 (2023): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v2i3.93

Abstract

Penegakan hukum pidana dalam UU Hak Cipta tidak bisa berdiri sendiri dalam menanggulangi tindak pidana pembajakan, penyalinan, cover, pendistribusian, aransemen produk musik dan lagu yang dimiliki pada saluran YouTube dan fasilitas mesin digital lainnya. Metode penelitian dalam hal ini menggunakan pendekatan yuridis-empiris yang di dasarkan kepada peraturan perundang-undangan terkait, serta menggunakan penelitian primer dan juga bahan penelitian sekunder. Operasionalisasi kebijakan hukum pidana (penal policy) melalui beberapa tahapan, yaitu tahap formulasi (kebijakan legislatif), tahap penerapan (kebijakan yudikatif dan yudisial), dan tahap pelaksanaan (kebijakan eksekusi/administrasi). Dari ketiga tahap tersebut, tahap perumusan merupakan tahap yang paling strategis dalam upaya pencegahan dan penanggulangan kejahatan melalui kebijakan hukum pidana. Dalam meningkatkan kualitas Undang-Undang Hak Cipta yang ada saat ini dan yang akan datang agar mempunyai nilai wajar, diperlukan reformulasi dalam tahap perumusan, penerapan, pelaksanaan kebijakan saat ini. Penataan ulang peraturan UUHC perlu dilakukan, karena ketentuan pidana dalam UUHC saat ini masih mengalami permasalahan yuridis dan belum mampu menjawab permasalahan tindak pidana pembajakan, penyalinan, perizinan hak cipta di bidang musik dan lagu di Indonesia
THE CRIMINALIZATION OF COVERING MUSIC SONGS WITHOUT PERMISSION: EXPLORING THE LEGAL IMPLICATIONS, PIRACY, TAX LAWS, AND ACTS OF CORRUPTION Edi Ribut Harwanto
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 3 (2023): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i3.621

Abstract

Enforcement of criminal law within the Copyright Act alone is insufficient to effectively address acts of piracy, duplication, cover songs, distribution, and management of copyrighted music and songs. Offenders without a license/permit are subject to both criminal and civil sanctions. The Criminal Law No. 28 of 2014 on Copyright also imposes criminal sanctions for pirates, cover songs, and music rearrangement without permission from copyright holders or related rights. This study identifies two main issues. Firstly, there is a weak implementation of criminal sanctions in copyright law, particularly concerning juridical aspects in the formulation of criminal law provisions (penal policy). Secondly, there is a need for understanding among copyright holders, related rights, and offenders to operationalize law enforcement by employing other relevant laws outside copyright law. The use of criminal acts of corruption and taxation can be an effective effort to protect the law and ensure legal certainty. To address these issues, this research employs a socio-legal approach, which combines doctrinal studies with social studies. This integration is based on the belief that the rule of law cannot operate in isolation when dealing with copyright piracy of songs and music in Indonesia. The post-positivism paradigm underpins this study, acknowledging the reality based on experience while maintaining the researcher's objectivity towards the subject. Empirical verification, hypothesis testing, and maintaining a clear distinction between the researcher and the object under study are emphasized throughout this research.