1,720,980 research outputs found
Neighboring Rights dalam Sengketa Penyiaran (Free to Air) Studi Komparasi Hukum Indonesia dan Korea Selatan
Full text linkBroadcasting institutions as one of the creators included in the neighboring right group often face economic rights violations that cause losses of up to trillions of rupiah. It is undeniable that the value of copyrighted works of intellectual products of the human mind needs to be appreciated with an economic orientation to realise the welfare of the creators\u27 lives. In Indonesia and South Korea, economic rights violations against copyrighted works of broadcasting occur. The case at the end of January 2024 related to organised intellectual property rights violations no longer falls into the realm of civil law but can also be charged with criminal law. The case is related to the arrest of a South Korean citizen who committed an organised copyright crime with a loss value of 19.7 billion rupiah according to a report from Munhwa Broadcasting Corporation (MBC). The research method used by the author is a statutory approach (the statue approach) using normative law or (legal research) by examining legislation in the form of primary, secondary, and tertiary legal materials collected by means of literature study.From the research conducted by the author on the assessment of two regulations, it can be concluded that both countries apply the same rules for the protection of Neighboring Rights in accordance with the agreements in the Bern and Rome Conventions. Broadcasters have neighboring rights that are guaranteed privileges so that violations of the law can be subject to civil and criminal sanctions. The principle of Fair Use or exclusion is also applied by both countries, but no details are provided because they adopt the principle of common law where jurisprudence or previous judicial decisions become the source of law
MORAL HUKUM DAN NILAI-NILAI KEBANGSAAN: SEBUAH REFLEKSI PEMIKIRAN BUYA HAMKA
No full textABSTRACT
This study aims to analyze how Hamka’s thinking about nationality, as well as moral values in accordance with the legal system of the philosophy of Pancasila. The method used in this research is a normative legal research methods to approach concepts (conceptual approach). Hamka’s idea about national values are still relevant in developing the love for the homeland. Hamka’s thinking about nationality, religious and rejected the concept of secularization. He said God is the center of human strength established the nation. The spirit of divinity embodied in the form of patriotism needs to be instilled in every person. According to Hamka, philosophy Pancasila indicates the religious character of the Indonesian nation. Therefore, the implementation of law should be sourced from the religious philosophy of Pancasila. Recognition ofthe existence of God in the Pancasila should be realized in the form of legal which has religious values.
Keywords: Hamka, legal philosophy Pancasila, moral la
FILSAFAT HUKUM PANCASILA: ANTARA CITA IDEAL HUKUM DAN NILAI PRAKSIS
Full text linkPancasila in giving meaning often changes according to time and space. For those reasons, the Pancasila as part of the School of Philosophy of Law is not to be in a vacuum. He unearthed by our Founding Fathers thought that looking for the basic values ​​for the creation of the State of Indonesia from sediment values ​​of the nation. The magical religious values ​​and solidarity expressed by the Bung Karno as mutual assistance has undergone a shift in meaning according to time and space. The Clash that has occurred creating adaptive values ​​as a form of dialogue processes between the value
PERISTIWA CHINESETROUBELEN DI BATAVIA: SEBUAH TINJAUAN SEJARAH HUKUM
Full text linkThis study aimed to describe the genocide descriptively Chinese in Batavia that occurred in October 1740. Event known as Chinatown Chinese troubelen or commotion, is the first step of ethnic segregation in Indonesia are carried out systematically by the Trade Union of the East Indies Company (VOC). Ethnic Chinese were targeted over policy administration errors VOC in Batavia, where they need to create a tangible goal that can be used as a scapegoat of the various errors. Thus, VOCs can avoid accusations of failure of the administratio
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Pertanggungjawaban Hukum Marketplace di Indonesia terkait Pelanggaran Hak Cipta: Tantangan, Regulasi, dan Upaya Pencegahan dalam Era E-Commerce
Full text linkMarketplace legal liability in Indonesia regarding copyright infringement in the E-Commerce era faces increasing complexity and a rise in copyright infringement cases. The formulation of the problem in this research is the complexity of the problem of copyright infringement in the market, as well as obstacles in demanding market accountability, the role of the market, and what preventive measures need to be strengthened to overcome this problem. This research combines normative and empirical perspectives to understand the crucial aspects of market legal accountability. The research results show the need for revisions in the legal framework regarding market legal responsibility for copyright infringement in Indonesia. The inconsistency between Article 15 of the ITE Law and Article 10 of the Copyright Law creates obstacles in implementing the rules. Therefore, concrete measures are needed to harmonize regulations and improve copyright protection in the market
Perlindungan Konsumen Garansi Layanan Purna Jual Pada Marketplace
Full text linkAfter-sales service is closely related to the product warranty period. If the warranty period expires earlier than promised, consumers may lose their right to claim damages, Therefore, the research will focus on how the implementation of after-sales services affects the protection of consumer rights and the responsibility of businesses. According to Article 1 paragraph (2) of Law Number 8 of 1999 concerning Consumer Protection. The formulation of the problem in this study is how is the legal protection for consumers in the after-sales service warranty. This research uses the Normative Empirical Research Method which is carried out by collecting data using the Questionnaire Technique. Collecting data through questionnaires is expected to help analyze the importance of the role of warranty service selling products. This way can assess the consistency or difference in the information obtained from the source of the questionnaire. The results showed that from the questionnaire data obtained 82.6% of respondents answered that they had received a warranty guarantee from the store they bought. This is in accordance with the provisions of Article 7 of the Consumer Protection Law
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
- …
