Garuda - Garba Rujukan Digital

Perlindungan Hak Cipta Lagu Yang Di Nyanyikan Ulang Tanpa Izin Pencipta Yang Di Unggah Di Media Sosial Nani Novendo Sidabariba; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10831

The problem in this thesis is about acts of copyright infringement in the form of cover songs on the YouTube platform. This research aims to make everyone understand that any action involving the use of other people's copyrights, either in part or in whole, is required to obtain prior permission from the creator and/or copyright holder. Based on article 9 of the Copyright Law No. 28 of 2014 it can be seen that everyone is prohibited from publishing creations, copying creations in all its forms, and is prohibited from exercising economic rights without the author's permission, and is prohibited from duplicating and/or using commercial creations. The method used in this research is normative juridical with statutory approach (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary legal materials, secondary which are analyzed qualitatively. Based on this research, copyright protection for songs that are sung again consists of preventive and repressive legal protection. Preventive legal protection is carried out by supervising, coordinating and cooperating with the dissemination of re-sung song content, recording of creations, and closing related content and/or rights in electronic systems. Repressive protection in the form of compensation fines. The legal consequence received by the party who sings the song without the creator's permission is to pay compensation to the copyright holder in accordance with Article 1365 of the Civil Code. in the form of negotiation, mediation, conciliation, expert opinion and also arbitration.

Pertanggungjawaban Debitur Terhadap Kreditur Pada Perjanjian Kredit Dengan Jaminan Fidusia Rizka Astri Husen; Nancy Silvana Haliwela; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10835

ABSTRACT: An agreement is an agreement made by one party and another party based on trust. It is the same with credit agreements with fiduciary guarantees that occur between debtors, creditors and third parties. Where a third party defaults, against the creditor. by not paying car loan installments. So that it results in a credit agreement between the Debtor and the Creditor. So that the action refers to the provisions of the Civil Code Article 1238, namely "The debtor is declared negligent by a warrant, or by a similar deed, or based on the strength of the agreement itself, that is, if this agreement results in the debtor being deemed negligent within the allotted time". The type of research used is normative juridical research. the type of normative juridical research is a research that examines legal materials, legal doctrine, legal principles, legal principles, as well as positive legal provisions in order to answer the legal issues that have been studied. Another name for normative research is doctrinal legal research which can be referred to as library research or document study because this research is carried out and shown only on written regulations or other legal materials. The results of the study show that it is related to credit accountability. From debtors, creditors and third parties. The responsibility of the debtor to the creditor is based on Article 30 of the Fiduciary Law that the debtor will hand over fiduciary objects to the creditor. Settlement of defaults can be carried out through litigation or non-litigation between the debtor and the creditor. then the legal settlement between the debtor and a third party, by making a warning letter or a new agreement for the losses suffered by the debtor.

Pemutusan Hubungan Kerja Yang Dilakukan Pelaku Usaha Kepada Tenaga Kerja Melalui Media Online Sesuai Dengan Ketentuan Undang-Undang Johnny Pieter Sual; Merry Tjoanda; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10850

ABSTRACT: Unilateral termination of employment relations is absolutely not allowed and is very clear, except for certain circumstances that compel the dismissal to be carried out, as stipulated in the "Industrial Relations Dispute Settlement Law". Unilateral layoffs by PT. Ruata's work for the workforce “Mr. VG” via Whatsapp. Mr. VG” did not receive a Decree as an employee of PT. Karya Ruata, and did not sign the Collective Labor Agreement between PT. Ruata's work with the workforce of “Mr. VG”. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. The results showed that the layoffs carried out by PT. Ruata's work to “Mr. VG” through online media (Whatsapp) is not in accordance with the provisions of the law. Article 81 number 43 of the Job Creation Law. PT Karya Ruata is not responsible for the unilateral termination of “Mr. VG” Through Online Media (Whatsapp). The unilateral dismissal action, clearly based on Article 1320 of the Civil Code, does not meet the objective requirements for the implementation of the agreement, namely the causa conditions that are allowed, so that the termination action is null and void by law. As a result of being null and void, the said dismissal by law is deemed to have never happened and therefore “Mr. VG” remains united as an employee of PT. Ruata's work, but until now “Mr. VG” is no longer working for PT. Ruata's work, and there is no settlement according to the provisions of the law.

Pengambilan Rekaman dan Penyebaran Potongan Film Tanpa Hak Victoria Bianca Uruilal; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.11172

ABSTRACT: Film is one type of cinematographic work, where cinematographic work itself is a creation protected by Law Number 28 of 2014 concerning Copyright in Article 40 paragraph (1) letter (m). However, in reality, there is an act of taking footage and distributing film cuts without rights carried out when someone watches a movie in a theater and uploads it on social media and gets economic benefits from the upload of the film cut. While clearly stated in the Copyright Act, which explains that creators and copyright holders have economic rights (Article 9) and moral rights (Article 5) to the creations they make, This right is only owned by creators and copyright holders; others are required to obtain permission. This research is normative juridical research conducted with a statutory approach, a conceptual approach, and primary, secondary, and tertiary legal sources. The act of taking footage and distributing film cuts without rights is part of commercial activities that benefit not the creators and copyright holders of copyright. If Article 43 letter (d) of Law Number 28 of 2014 concerning copyright is reversed, then it is an offense that violates Moral Rights in Article 5 and Economic Rights in Article 9. As for the violation being part of the tort, then the act of taking footage and dissemination of film cuts without rights has been contrary to the Civil Code in Article 1365, which is entitled to be held accountable on the basis of the element of fault, and the form of liability is compensation, both in the form of material and immaterial.

Pelabelan Produk Pangan Yang Mengandung Bahan Rekayasa Genetik Neng Melly Senisa; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11788

Indonesian legislation relating to genetically engineered food is Law Number 7 of 1996 concerning Food and Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements. Article 35 states that the label for genetically engineered food must include the words Genetically Engineered Food in the name of the type. Information as a genetic engineering product on the label has been regulated by BPOM Number 6 of 2018 concerning Supervision of Genetically Engineered Food Products, in Article 8 and Article 9 concerning Food Labels for Genetically Engineered Products. Genetically engineered food products have long entered the Indonesian market. However, in reality, in Indonesia until now there are no food products that carry labels as required by these regulations. The method used in this research is normative juridical using a statutory approach and a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it was found that business actors who produce products containing genetically engineered ingredients have a responsibility to ensure the safety of the products produced and fulfill obligations regarding food product labeling by including a label that says Genetically Engineered Products (PRG). The legal consequences for producers or people who produce or import food that does not carry the genetic engineering label are that they may be subject to legal sanctions. Legal sanctions include fines, temporary closure or revocation of business permits, and/or criminal charges. So every food product that enters Indonesian territory should comply with the regulations regulated in Indonesia.

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