Nagari Law Review
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Is This Part Substantial or Is It Time to Rethink the Concept of Originality in Music?
Get PDFThe vagueness in the concept of originality in music has been problematic, especially relating to the enforcement of copyright. There is no definite line between ideas and the expression of an idea, which is essentially the object of copyright in music. The act of using a general concept in music could be mistaken as substantial taking and even futher a copyright infringement. The purpose of this article is to give a new perspective on the concept of originality in music, specifically in determining the act of substantial taking, and to explain why it could be time to finally rethink this concept. The research shows that the concept of substantial taking, as regulated by is Copyright Act, could hardly be applied to music due to the vagueness in the concept of originality. This reflects the necessity of a standardization for originality in music, which could be achieved through dialogues between musicologists, musicians, and other relevant professionals
Between the Job Creation Act and Labor Act: What’s Specific Time Employee Agreement (PKWT)?
No full textPresident Jokowi signed the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation (UU Cipta Kerja), but the Constitutional Court (MK) decided to conduct a judicial review. According to the Constitutional Court, the government must revise the Job Creation Law within two years. Two of the five petitioners for judicial review express concern about the Job Creation Law's inclusion of Specific Time Employee Agreements (PKWT). A Specific Time Employee Agreement is a contract between a business/employer and its employees for a specified period. The purpose of this study is to examine Specific Time Employee Agreements. This study employs a normative judicial methodology. The research is unique in discussing Specific Time Employee Agreements from two perspectives: the worker and the employer. Additionally, this research examines how Specific Time Employee Agreements have been implemented in practice thus far. The research concludes that workers lack understanding of Specific Time Employee Agreements, raising concerns about the Job Creation Law. The absence of a formulation regarding precarious work creates legal uncertainty for workers. Ineffective communication between the employer and employees has raised suspicions regarding the Specific Time Employee Agreement between the two parties. The Job Creation Law's socialization of labor cluster legislation requires improvement. To avoid misinterpretation, the definition of non-permanent work must be clarifie
Copyright Protection of Song in the form of Barcode in Spotify Application for Commercial Purposes
Get PDFThe current development in digitalization has facilitated better human life, including enjoying the work of art, especially songs. One of the development is the Spotify application service. The application has made it easier to enjoy of work of song. Even though the song and music works have been protected in the Copywrite Law, the development has also caused the rise of copywriting violations. This article explores the legal protection for the Spotify application for song copyrighted works in the form of a barcode on the Spotify application for commercial purposes and the legal settlement regarding song copyrighted works in the form of a barcode on the Spotify application for commercial purposes. The research applied normative legal research with the statute, conceptual, and case study approach. The data collected are secondary data and primary which collected from library studies and field studies and analyzed descriptively and qualitatively. The study concludes that in practice legal protection in song and/or music copyrighted works can not be claimed and can not be protected because there is no recording of the results modified into acrylic products. Royalties can not be paid to creators and/or copyright holders though the infringement has been done and it has violated both moral rights and economic rights. Legal settlements cannot be completed through Article 95 of the Copyrights Law because there has been no official report by the aggrieved party, namely the creator and copyright holder, to the Spotify application
Wisata Halal Pengembangan Pariwisata Berbasis Nagari Menuju Wisata Halal Di Sumatera Barat
No full textMinangkabau nature which has beauty, diversity of customs, the majority of which are Muslim, has beautiful nature, mountainous destinations and beautiful beaches, which are a halal tourist attraction in Indonesia in general, West Sumatra in particular. As the main destination for world tourists from other Islamic countries such as Malaysia, Dubai and others. Because West Sumatra is one of the halal tourist destinations, and the lowest government in West Sumatra is Nagari, it is interesting to study..This study uses a legal research method with an empirical/sociologicalapproach legal study(socio legal study) and normative (normative legal study ). The results of the study explain that the prospect of halal tourism that can be developed needs to be socialized to the City and Regency Governments and Nagari Nagari which have tourism potential. to be developed and managed by forming policy policies that are sourced from the Nagari Potential which will later give birth to policies that can contribute to Nagari PAD
Kontemplasi dan Analisis Hukum Terhadap Penanganan Eksploitasi Seksual Komersial Anak di Indonesia
No full textThe problem of commercial sexual exploitation of children is a serious problem and is not a new problem that has emerged recently. This crime has been happening for a long time and has been experienced by many countries, including Indonesia. For a long time, the Indonesian government has made various efforts to minimize the increase in the types of crimes that attack the future of children, such as by issuing several policies. However, day by day this crime is getting more and more victims. Moreover, with the development of an increasingly sophisticated era, this criminal activity is growing. With technological capabilities that facilitate the modus operandi of perpetrators, it certainly raises its own concerns in protecting children from sexual exploitation for commercial purposes. This research is a socio-legal research using secondary data consisting of primary, secondary and tertiary legal materials collected through the study of library materials then analyzed qualitatively and presented descriptively so as to obtain a detailed and systematic description of the description of the crime of commercial sexual exploitation of children. divided into several periods and the development of its handling in Indonesia
Tanggung Jawab Hukum Dokter Dalam Pelayanan Kesehatan Oleh Perawat Terhadap Klien (Pasien)
Get PDFThis study aims to determine the legal relationship of doctors, nurses, and patients as well as the principle of legal responsibility of doctors in health services by nurses to patients. The approach method used is normative juridical with emphasis on secondary data, namely primary, secondary, and tertiary legal materials. Study results: (1). The legal relationship between doctors and nurses is based on delegation and mandate attribution. The nurse and client relationship is interpersonal and professional, which is subject to the Nursing Act. The doctor and patient relationship is based on the theurapetic transaction through voluntary representation (Article 1354 of the Civil Code) and the validity of the agreement (Article 1320 of the Civil Code). (2). Legal responsibility related to the mandate given by the doctor to the nurse remains with the doctor, so that if the action taken by the nurse is not in accordance with the SOP it becomes the nurse's responsibility in accordance with the principle of liability based on fault. However, doctors are responsible based on the principle of vicariuos liability. Whereas in the delegation, if the nurse's actions are not in accordance with the SOP and cause patient losses, the responsibility of the nurse is in accordance with the principle of liability based on fault. If health services by nurses are in accordance with the SOP but cause harm to patients both in the mandate and delegation, doctors and nurses are not responsible because it is a medical risk
Eksistensi Peraturan Nagari Dalam Sistem Hukum di Indonesia
No full textThis study is a study of the existence of Nagari Regulations (Perna) in the legal system in Indonesia. Perna is a form of delegation from Law Number 6 of 2014 concerning Villages. However, Perna is not listed in Law No. 12 of 2011 concerning the Establishment of Legislation. This study is a normative legal research with a statutory and conceptual science approach. The results of this study indicate that the existence of Perna does not have a clear legal basis after the enactment of Law no. 12 of 2011. The reason is that the Perna which is a regulation at the level of a village regulation has been issued in the hierarchy of laws and regulations. That is why, if the a Perna conflicts with higher regulations or the public interest, it cannot be tested through the Supreme Court as the institution which is authorized to examine statutory regulations under the law against the law. In addition, Perna also experiences weaknesses in terms of law enforcement, which is carried out by Parik Paga Nagari (Nagari Law Enforcement Agency) which basically does not provide a solution to the enforcement of Perna, but could create new problems in the community
Menelaah Narasi Kebijakan Pajak Daerah Dalam UU No. 1 Tahun 2022: Sebuah Tinjauan Literatur
Get PDFThe development of a local tax system is one of the policy themes of Law No. 1 of 2022. However, Law No. 1 of 2022 focuses exclusively on material tax law, such as adjustments to local tax tariffs, and makes no reference to formal tax law, such as the renewal of regional tax collecting methods. Whereas tax law can theoretically be classified into two categories, namely material tax law and formal tax law. The article employs a legal doctrinal method with a conceptual approach. This article advances the theoretical argument that fiscal decentralization is top-down in nature, that changes in local tax policy are made purely to fulfil national fiscal objectives, not to build regional tax systems in response to regional efforts. The paper begins with a discussion of fiscal decentralization, the policy narrative underlying Law No. 1 of 2022, and the pressing need to change municipal tax collecting policies. The study concludes that there is a policy imperative to strengthen municipal tax collection rules to keep pace with the policy environment's evolution in the digital and internet+ (internet plus
Legal Protection on Economic Rights of Pirated Work of Songs in Intellectual Properties
Get PDFThis research aims at finding out the legal protection of copyright according to positive laws of Indonesia, and the types of legal sanctions rendered if there is an infringement on the economic rights of a songwriter. This research applies the juridical normative method to literature studies. The data which is presented in this research is secondary data. The findings show that the protection over works on songs in Indonesia has been provided by Law No. 28, 2014 concerning Copyrights. The law states that a song is one protected intellectual property. In its practice, the protection over copyright follows the automatic protection system, which means that the protection is without the process of recordation. The legal consequence is that every person who illegally commits a copyright crime, either for economic rights or for commercial use, shall face criminal sanction. Besides, the other parties other than the creator can be prohibited to exploit the creator’s economic rights. Within the sanction, other parties besides the creator are prohibited to exploit the creator’s economic rights
Law Enforcement Model of Village Fund Corruption Through Adat Criminal Law Approach and Local Wisdom in West Sumatera
No full textCorruption in Indonesia has its own characteristics. Corruption crimes committed at the village level have caused losses to state finances. Countermeasures against corruption in village funds are required to be effective and firm, in order to be able to resolve and to reduce the number of corruption in the future. This paper discusses the pattern of corruption in West Sumatra, especially in the cities of Solok and Pariaman, and discusses the prevention model used against corruption. The methodology used to answer these problems is normative juridical research. The results of the study found that the pattern of corruption tended to vary in each region, such as double budget, mark-up, unilateral withdrawal of nagari funds by nagari administrators. However, there is a pattern that is always found in every case, namely not making a deposit of tax collection results, the tax money is intentionally not deposited and used for personal interests which causes state financial losses. Furthermore, countermeasures are taken repressively using Indonesian criminal law, as well as preventively by establishing a nagari regulation that uses a customary criminal law approach. West Sumatra has its local wisdom that is still alive and well maintained, even the community respects customary criminal law more than positive law, therefore preventive efforts by using the customary criminal law approach are expected to be able to create nagari that are free from corruption. In an effort to prevent corruption of village funds and Village Fund Allocation (ADD) by village officials, the government of Nagari Situjuah Batua, Situjuah Limo Nagari District, Lima Puluh Kota Regency, West Sumatra, made legal rules based on customary law. The regulation is stated in the Situjuah Batua Nagari Regulation Number 8 of 2019 concerning Prevention of Corruption, Collusion and Nepotism Based on the Salingka Nagari Customary La