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Tinjauan Undang-Undang Nomor 19 Tahun 2002 Tentang Hak Cipta Dan Hukum Islam Mengenai Kedudukan Hak Cipta Rafliyanto Ahmad; Muthia Cherawaty Thalib; Waode Mustika
Jurnal Ilmu Sosial, Humaniora dan Seni Vol. 1 No. 3 (2023): April - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47233/jishs.v1i3.814

Abstract

Copyright law protection has basically been regulated in Law Number 19 of 2002 Concerning Copyrights. The Act has regulated in detail regarding copyright. However, in reality there are very many violations of copyright, especially violations committed via the internet. The research questions in this thesis are how to review Law Number 19 of 2002 concerning Copyright and Islamic Law concerning the status of copyright, what are the forms of copyright infringement carried out via the internet and how is the legal protection for copyright holders in Law Number 19 of the Year 2002 Concerning Copyright and Islamic Law. This study uses library research techniques (library research) and is in the form of descriptive analysis which is a systematic description of existing facts accurately and factually. From the results of the study it was found that copyright is among patents, trademarks and other rights in under intellectual property rights (IPR) protected by the state, in Islam also copyright is equated with haqq al-milk (ownership rights) which is a division of haqq al-māl because Islam recognizes copyright as al-māl (property). Law Number 19 of 2002 concerning Copyright stipulates penalties for copyright violators in the form of a minimum fine of IDR 1,000,000 and a maximum of IDR 5,000,000,000 and also imprisonment for a minimum of one month in prison and a maximum of seven years in prison. In Islam it has also been regulated that copyright infringers are subject to ta'zīr laws in the form of jild (flogging), ḥabs (imprisonment) or other penalties which can be heavier or lighter. Thus, it can be concluded that the existence of copyright is recognized and protected by Law Number 19 of 2002 concerning Copyright and Islamic Law.
Penyelesaian Sengketa Pemeliharaan Anak (Alimentasi Akibat Pasca Perceraian) Studi Kasus Pengadilan Agama Gorontalo Riana Hasyim; Muthia Cherawaty Thalib; Sri Nanang Kamba
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 1 No 4 (2023): Oktober : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v1i4.1413

Abstract

This research aims to find out how child maintenance disputes are resolved. In addition, to examine the resolution of child maintenance disputes. In this research, researchers used empirical research methods. This research method provides an overview of existing facts (empirical) as well as an accurate analysis of applicable laws and regulations in connection with legal theories and practice of implementing existing legal rules.The results of this research show that in giving a decision regarding child custody there are several basic considerations for the judge, one of which is based on the complications of Islamic law in article 150 part (a) which states that the maintenance of a child who is not yet 12 years old is the right of the mother, however, if the mother is negligent in taking care of the child or in other words not being responsible for the child's custody, the child's custody can be given to the father. Apart from that, custody also falls to the mother because the child's father does not have a permanent job or because of this he lacks economic means.