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All Journal Jurnal Daulat Hukum Borobudur Law Review
Luluk Lusiati Cahyarini
Universitas Diponegoro
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal-Political Study of the Job Creation Law on Revocation of Article 20 of Law Number 13 of 2016 concerning Patents Anisa Ribut Septihana; Luluk Lusiati Cahyarini
Borobudur Law Review Vol 4 No 1 (2022): Vol 4 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

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Abstract

Patent protection in Indonesia today still leaves various problems, both practical (implementation) and conceptual (acceptance by the public). While, the Indonesian government took a place to settle the issues on the patent by revoked the provision on the Patent Law into the Omnibus Law Number 11 of 2020 on Job Creation (UU Cipta Kerja). The purpose of this research is to analyse the enactment of Omnibus Law (UU Cipta Kerja) as the revocation of Article 20 of Law Number 13 of 2016 concerning Patents. This research is dogmatic research with a statute approach and a conceptual approach. This research found that, the law plays a very important role in the life of the state, therefore ideally every law enforced must reflect (rechtside) and the national ideals (staatside) of the Indonesian nation. This is in the context of realizing social justice, fostering a united society, realizing just material and spiritual welfare, and achieving a proportional balance. The abolition of the content of Article 20 of the 2016 Patent Law in the Job Creation Law actually contains the assumption of an oligarchic interest in it
The Legal Review Regarding Copyright Protection of Songs from Unauthorized Song Cover Actions Rachmat Satyo Krismanto; Luluk Lusiati Cahyarini
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v5i3.23078

Abstract

The copyright infringement is an act prohibited by the law, in practice copyright infringement is divided into several forms of song piracy in Indonesia which results in losses from the creator and the state, therefore the government tries to enforce copyright law. Problems in writing this scientific paper are related to forms of violations, arrangements and legal protection efforts for the rights of songwriters in Indonesia. This research uses a normative juridical approach. Meanwhile, the conclusion of this study is that an activity does not include copyright infringement as long as the acts and covers related to the song's artwork are noncommercial and the creator also gets benefits without objection to the activity. On the other hand, we also need to know that there are a lot of Indonesians who cover and upload it on social media in the form of Youtube, Instagram and Tiktok. Article 43 and Article 44 of the Copyright Act explain the criteria for whether the activity meets the elements of copyright infringement or not. As for legal protection efforts, one of them is by preventing (preventive) and cracking down (repressive). One way is by socializing with the community. Although of course the government has also taken many related actions, with maximum results. But for us, it is not the wrong thing to remind each other about copyright infringement.
Co-Authors Anisa Ribut Septihana Rachmat Satyo Krismanto