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All Journal IJEBD (International Journal Of Entrepreneurship And Business Development) HUKUM BISNIS JOURNAL SCIENTIFIC OF MANDALIKA (JSM)
Evi Retno Wulan
Universitas Narotama
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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URGENSI ASAS SUBYEK TERITORIAL PADA PEMBERANTASAN KEJAHATAN SIBER Evi Retno Wulan
Jurnal HUKUM BISNIS Vol 3 No 2 (2019): Volume 3 no.2, Oktober 2019
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (109.4 KB) | DOI: 10.31090/hukumbisnis.v3i2.970

Abstract

Establishment and enactment of Law of the Republic of Indonesia No. 11/2008 concerning Information and Electronic Transactions (Statute Book No. 58/2008, Supplement to Statute Book No. 4843, hereinafter abbreviated to Law No. 11/2008) and Law of the Republic of Indonesia No. 19/16 concerning Amendment to Law Number I1 Year 2008 Regarding Information and Electronic Transactions (State Gazette Year 2016 Number 251, Supplement to State Gazette Number 5952, hereinafter abbreviated to Law No. 19/2016), is expected to be able to cope with cybercrime which is increasingly unsettling the public and guaranteeing certainty and use of cyberspace (cyber space) so that it can develop optimally. Provisions governing criminal jurisdiction can be seen in Article 2 and its explanation in Law No. 11/2008
KAJIAN YURIDIS PASAL 27 AYAT (1) UNDANG - UNDANG NO 11 TAHUN 2008 TENTANG TINDAK PIDANA SIBER KESUSILAAN Evi Retno Wulan
Jurnal HUKUM BISNIS Vol 4 No 1 (2020): Vol.4 no.1 April 2020
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31090/hukumbisnis.v4i1.1028

Abstract

The types of cyber crime are regulated in article 27 to article 37 of Law No. 11/2008 of Juncto Law No. 19/2016. The author is interested in analyzing the formulation of article 27 paragraph (1) regarding criminal acts of decency with his explanation in Law No. 11/2008 Juncto Law No. 19/2016, because the elements of a moral act in the formulation of article 27 paragraph (1) are unclear and can cause different perceptions. Regulations regarding the formulation of criminal acts in the law, in this case specifically the formulation of criminal acts in Law No. 11/2008 in conjunction with Law No. 19/2016 must be clear, easy to understand, and carried out fairly. Unclear criminal acts formulations can potentially lead to legal uncertainty. The author tries to reveal the unclear formulation of the provisions of article 27 paragraph (1) of Law No. 11/2008 which regulates the provisions on criminal acts of decency. This has become an urgent need and cannot be delayed, because it involves the issue of legal certainty. Key words: cyber crime, decency, legal certainty, article formulation, information technology
Written Approval for Commercialization of Portrai Photography: A Study of Law No. 28 of 2014 in the context of Improving the Distro Business in Indonesia Evi Retno Wulan
IJEBD (International Journal of Entrepreneurship and Business Development) Vol 5 No 4 (2022): July 2022
Publisher : LPPM of NAROTAMA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.769 KB) | DOI: 10.29138/ijebd.v5i4.1909

Abstract

Purpose: The purpose of this research is to examine the rules of written approval for the Commercialization of Portrait Photography as contained in Article 12 Paragraph (1) of the Copyright Law No. 28 of 2014 in the context of Improving the Distro Business in Indonesia. Design/methodology/approach: The type of legal research used is normative juridical research. The approach used in this research is the statutory approach and the conceptual approach. The sources of legal materials used in this doctrinal research consist of primary legal materials and secondary legal materials. The collected legal materials will be analyzed in a qualitative normative manner by reviewing, interpreting, and constructing statements contained in in-laws and regulations and other legal documents related to issues related to photo commercialization. Findings: Given the increasing competition in the business world, many creative business actors make their productions interesting, one of which is done by making t-shirts with portraits of artists and public figures obtained from the photographer who took the photo shoot. For example, example, a photographer takes a photo of an artist and uses it to line up his photo studio by making advertisements or billboards for the artist's portrait in his photo studio and has obtained permission from the artist, then the photographer sells the results of his work to the person, who by that person takes the portrait of the artist in the photo. fit on t-shirts to produce and sell. In this case, the photographer and the person who bought the photographer's portrait (portrait photography) violated copyright because the commercialization of portrait photography contained in the t-shirt was carried out without written permission from the person being photographed, while the regulation of portrait commercialization in Law No. 28 the year 2014 concerning Copyright, permission or approval of the person being photographed is only limited to commercialization for advertising and billboards, even though there are economic benefits that the t-shirt seller gets from the sale of the t-shirt and in fact, the t-shirt sells because the buyer bought the t-shirt because of the artist's portrait. in the shirt. Paper type: Research paper
ANALISIS YURIDIS BENTUK KEWAJIBAN ATAS PELAKU TINDAK PIDANA PENAMBANGAN TANPA IZIN (STUDI PUTUSAN NOMOR 168/PID.SUS/2017/PN Pli ) Evi Retno Wulan; Andre Abadi Santoso
JOURNAL SCIENTIFIC OF MANDALIKA (JSM) e-ISSN 2745-5955 | p-ISSN 2809-0543 Vol. 4 No. 1 (2023): Januari
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/ jomla.v4i1.1255

Abstract

Abstract: In mining behavior that does not have a permit, in essence it has fulfilled elements that can be threatened with criminal law as stipulated in the provisions of Article 158 Law Number 4 of 2009 concerning Mineral and Coal Mining. The problem in this research is how the form of criminal liability for business actors who carry out mining business without IUP, IPR, or IUPK in the case study of decision number 168/Pid.Sus/2017. The research method used is an analytical method used to collect data by means of a literature study. This type of research includes normative juridical research. That is, legal research materials were obtained qualitatively normatively. Based on all the legal facts, it was revealed that M. Riduan who committed the criminal act of mining without a business license could be asked for criminal liability or responsibility because he met the requirements to be held criminally responsible. Therefore, the Honorable Panel of Judges sentenced the defendant M. Riduan to 10 months in prison and a fine of Rp. 10,000,000,000 with a subsidiary of 2 months in prison. That the defendant has fulfilled all the requirements to be asked for criminal liability or responsibility, so the judge in imposing a sentence on the perpetrator of the criminal act of mining without a permit must consider mitigating and aggravating factors so that the sentence imposed is in accordance with the criminal act of the defendant.
Co-Authors Andre Abadi Santoso