scholarly journals The Role of Local Government In Protection of Copyright Against Creative Industry Local Cultural Heritage In Sawahlunto City

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Yulia Nizwana

<p>Intellectual Property Rights (IPR)  are closely related to the economic growth of a State. Appreciation and protection of intellectual works will create a conducive climate for the creativity and innovation of the people. IPR is a Right that is closely related to economic issues. IPR is identical with the commercialization of intellectual works. The commercialization of intellectual works in principle aims to generate economic benefits. Traditionally intellectual property is divided into two branches of "Industrial wealth" and "Copyright". Industrial Property includes the protection of the invention through a Patent, certain commercial protection through the laws of the mark and the laws of industrial design protection. In addition, industrial wealth includes unfair competition control. Traditional Knowledge as a Regional Asset that obtains Legal Protection, As set forth in the copyright law, in Article 10 paragraphs (1) and (2). The professional entity that has the right to decide may not be the copyright registration Copyright is an institution of IPR in each region and Higher Education. Such as the District and Municipal Trade Office, Provincial Trade Office as an extension of the Directorate General of IPR in Jakarta. Sawahlunto city is one of the cities in the province of West Sumatra Indonesia. Currently, the city of Sawahlunto develops into a multi ethnic old tourist city, making it one of the best old cities in Indonesia. The result of crafts from the work of the creation of the traditional community of Silungkang city of Sawahlunto is a cultural asset that needs to be protected under the Copyright Act. To get legal protection against the copyrights of the local creative industry heritage, is inseparable from the role of local government of course, where expected with the problems faced by the public to obtain legal protection of their copyrights. The purpose of this study is to know how the role of local government in the protection of copyright to the creative industry of local cultural heritage in Sawahlunto city, and what are the constraints of local government in the protection of copyright to the creative industry of local cultural heritage in Sawahlunto city. The object of this study is to see how far the role of local government in the protection of copyright to the creative industry of local cultural heritage in Sawahlunto city. To obtain primary data from respondents, this research will use semi-structured interview method</p>

Author(s):  
Sulasi Rongiyati

As a result of creativity, the creative economy product is an intellectual property that needs to be recognized as an intellectual work that has economic value and gets legal protection. This study analyzes the regulations established by the Government in providing protection against intellectual property rights (IPRs) to ekraf products and the application of such regulations in the city of Surakarta, Central Java and Denpasar City, Bali. Through normative and empirical juridical research methods, secondary and primary data are processed and analyzed qualitatively. The result of the research stated that IPRs protection policy toward creative economy product has been done by the government through IPRs legislations and regional policy related to IPRs protection for creative economy product referring to national policy. Preventive protection is provided through law in the form of economic benefits for the actors who register IPRs of creative economy product. However, the level of public awareness and understanding of the importance of IPRs, the communal nature of creative economy actors in Indonesia, and the nature of IPRs that must be registered for legal protection, cause IPRs protection for creative economy perpetrators is not optimal. At the level of implementation, the awareness and understanding of the perpetrators of the property rights become the key to the success of IPRs protection by the government. The lack of regional alignments has an impact on the not yet optimal economic benefits received by creative economy actors. Therefore, the government should intensify the socialization of IPRs and facilitate the registration of IPRs  for the perpetrators of creative economy. Institutional and regulatory support at the local level is also important to develop and protect the creative economy product.AbstrakSebagai suatu karya kreativitas, produk ekonomi kreatif (ekraf) merupakan kekayaan intelektual yang perlu mendapat penghargaan sebagai suatu karya intelektual yang memiliki nilai ekonomi dan memperoleh pelindungan hukum. Penelitian ini menganalisis mengenai regulasi yang dibentuk Pemerintah dalam memberikan pelindungan terhadap hak kekayaan intelektual (HKI) terhadap produk ekraf dan penerapan regulasi tersebut di kota Surakarta, Jawa Tengah dan Kota Denpasar, Bali. Melalui metode penelitian yuridis normatif dan empiris, data sekunder dan primer diolah dan dianalisis secara kualitatif. Hasil penelitian menyebutkan, kebijakan pelindungan HKI terhadap produk ekraf telah dilakukan oleh pemerintah melalui peraturan perundang-undangan bidang HKI dan kebijakan daerah terkait pelindungan HKI untuk produk ekraf mengacu pada kebijakan tingkat nasional. Pelindungan preventif diberikan melalui UU berupa manfaat ekonomi bagi pelaku ekraf yang mendaftarkan HKInya. Namun, tingkat kesadaran masyarakat dan pemahaman pentingnya HKI, sifat komunal pelaku ekraf di Indonesia, dan sifat HKI yang harus didaftarkan untuk mendapat pelindungan hukum, menyebabkan pelindungan HKI untuk pelaku ekraf belum optimal. Pada tataran implementasi, kesadaran dan pemahaman pelaku ekraf atas kekayaan intelektualnya menjadi kunci keberhasilan pelindungan HKI yang dilakukan oleh pemerintah. Minimnya keberpihakan daerah berdampak pada belum optimalnya manfaat ekonomi yang diterima pelaku ekraf. Oleh karenanya pemerintah perlu menggiatkan sosialisasi HKI dan memfasilitasi pendaftaran HKI untuk pelaku ekraf. Dukungan kelembagaan dan regulasi pada tingkat daerah juga penting dilakukan untuk mengembangkan dan melindungi produk ekraf. 


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


2015 ◽  
Vol 5 (1) ◽  
Author(s):  
Astri Furqani ◽  
Hafidhah .

In this era, a lot of activities that can not be separated from the practice of cheating or fraud , no exception In the government . Inspektorat Sumenep is the leading institution of internal Local Government in preventing and detecting fraud in the Local Government appropiate Perbup Sumenep No. 29 of 2008 . Dinas Pendidikan Sumenep need attention on the issue . This is due to Dinas Pendidikan Sumenep an agency with the largest number of assets and managing large budgets . These conditions led to the formulation of the problem is How Inspektorat Sumenep role in preventing and detecting fraud in Dinas Pendidikan Sumenep. This study used a qualitative approach in which the focus of this study is Inspektorat role in preventing and detecting fraud at Dinas Pendidikan Sumenep . Primary data obtained by direct interviews with the parties directly related to the determination of the source of research data in a qualitative study using nonprobability sampling . The sampling technique used was purposive sampling . The conclusion of this study, role of the Inspektorat Sumenep in the prevention of fraud in Dinas Pendidikan Sumenep still not maximal . This is due to Inspektorat Sumenep not supervise from the planning / budgeting and not optimal in overseeing and assisting the implementation of the SPIP as an instrument of fraud prevention in Dinas Pendidikan Sumenep . The role of Inspektorat Sumenep in the detection of fraud in Dinas Pendidikan Sumenep done by conducting an audit of financial and asset management in each financial year.Keywords: fraud, government, inspektorat.


2016 ◽  
Vol 23 (1) ◽  
pp. 71-97 ◽  
Author(s):  
Christina Maags ◽  
Heike Holbig

Abstract:Since “intangible cultural heritage” (ICH) became the new focal point in the global heritage discourse, governments and scholars in many countries have begun to promote this new form of “immaterial” culture. The People’s Republic of China has been one of the most active state parties implementing the new scheme and adapting it to domestic discourses and practices. Policies formulated at the national level have become increasingly malleable to the interests of local government-scholar networks. By conducting a comparative case study of two provinces, this article aims to identify the role of local elite networks in the domestic implementation of the 2003 Convention for the Safeguarding of Intangible Cultural Heritage, focusing on the incentives of scholars and officials to participate in ICH policy networks. It finds that the implementation of the Convention has not removed the power asymmetry between elite and popular actors but, instead, has fostered an elite-driven policy approach shaped by symbiotic, mutually legitimizing government–scholar networks.


Author(s):  
Nurgun Vyacheslavovich Afanasev ◽  
Ul'yana Valer'evna Titova

The object of this research is the role of the comedy &ldquo;Tieteybit&rdquo; by N. D. Neustroev in cultural life of the Sakha Republic (Yakutia). The subject is the impact of modern creative industries upon cultural life of the region. On the example of Nikolay Denisovich Neustroev's comedy play &ldquo;Tieteybit&rdquo;, the authors examine the use of creative approaches towards preservation and popularization of cultural heritage of the Sakha people. It is noted that over the recent years, a major event in the development of spiritual culture and cultural life of the region overall has become the innovations introduced by the contemporaries in staging the Yakut comedies. Motifs of the comedy &ldquo;Tieteybit&rdquo; served as the prototype for staging the the first Yakut musical comedy, and even a film. A survey was conducted touching upon the following questions: are the innovations introduced in culture in form of a screen version of classical literature with the elements of innovation encourage the young generation to studying the Yakut cultural heritage?; what is the relevance of the work by N. D. Neustroev &ldquo;Tieteybit&rdquo;? The conclusions is made that in the XXI century, N. D. Neustroev's comedy &ldquo;Tieteybit&rdquo; has become one of the basics for the development of creative industry of the region. As an instrument for the development of regional culture, creative industry may play the strongest and highly effective role in the development of social life of the region.


2020 ◽  
Vol 5 (2) ◽  
pp. 213
Author(s):  
Tamimah Tamimah

Purpose: Madura is an island located in East Java which has a community with a high level of religiosity. Sumenep is one of the districts in Madura which has the largest population level among other districts in Madura. However, this is not in line with public compliance in paying zakat maal. Therefore, this study aims to find out whether religiosity, literacy, income, and tax obligation have an effect on community compliance to pay zakat maal.Design/Method/Approach: The data obtained in this study uses primary data obtained from people who pay taxes, using purposive sampling technique by determining people who have reached nisab, and for the analysis, it uses multiple regression.Findings: it shows that only religiosity and tax payment obligations which have an influence, while literacy and income do not have an effect on compliance to pay zakat maal. The implication of this research is as an evaluation for the local government to socialize the important role of the impact of zakat maal on the community, and to increase public understanding of the obligation to pay zakat maal.Originality/Novelty: Lots ofresearchesexamine the obligation to pay zakat fitrah but it is very rare to find research on zakat maal which is an obligation that must also be paid by someone who has assets that have reached Nisab (the minimum amount that a Muslim must have before being obliged to zakat).


LITIGASI ◽  
2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Mulyanto Mulyanto ◽  
Sutapa Mulja Widada

  The purpose of this study was to describe the root causes of conflict and the palace of King Twins conflict resolution patterns Keraton Surakarta Sultanate . The method used is descriptive method sosiolegal . This study is located in the Keraton Surakarta using primary data and secondary data. Techniques of qualitative data analysis by using the theoretical interpretation. The results showed that the root of the problem is basically this conflict began Keraton Surakarta since the death of Paku Buwana XII on June 11, 2004. The conflict between the heir to the throne of Kanjeng Gusti Pangeran Harya (KGPH) Hangabehi and KGPH Tedjowulan born of different mothers. Patterns of conflict resolution involving a third party (mediation) mechanisms beyond traditional law paugeran palace. Lastly, Mediation of legal protection based Surakarta Mayor Letter No. 181.1/6619/SJ Minister mentioned that the mayor coordinate with Deliberation forums Regional Head (Muspida) and family Keraton Solo Kasunanan, to resolve conflicts and protect the palace as a cultural heritage. Keywords : Mediation; Conflict; Local Wisdom.


2020 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
I Wayan Runa ◽  
I Nyoman Warnata ◽  
Ni Putu Ratih Pradnyaswari Anasta Putri

This research aims to examine the role of conservation of cultural heritage architecture in the development of tourism in Denpasar and to describe the concept that shapes the downtown Denpasar (zone Z). Following the characteristics of the object of study (research questions), this research uses phenomenology as the paradigm. The qualitative method (phenomenology) is an inclusive and flexible method, which is always developing. This method helps to gain an understanding of meaning, develop theories, and describes complex realities. This research was conducted with the help of human instruments (the researchers), notebooks, voice recorders, and research assistants. Additionally, this research emphasizes qualitative techniques, in which researchers or human factors have an important role. Primary data consist of words and actions, while secondary data include documents, photos, and statistics. Results show that the cultural life of Denpasar citizen has a significant effect on the development of tourism in Denpasar, Bali. It is evident in the structure, functions, and meaning of downtown Denpasar Heritage City, especially in managing the area, planning, and building layout. The downtown Denpasar has a unique pattern called Pempatan Agung. In the context of tourism, the development of Denpasar should focus on creativity and culture. The responsibility of managing the area should be shouldered by the community, cultural experts, universities, NGOs, private companies, and the government. Also, there needs to be a continuous evaluation of the results of management. Keywords: Pempatan Agung, culture, creativity.


Author(s):  
Olga Bondarenko

The article deals with the important problems that arise in the implementation of the legal protection of industrial designs in the enterprise in the course of their economic activity. One of the major problems associated with the legal regulation of the protection, use and protection of industrial property is the clash of the rights of some entities with the rights to other intellectual property. An example would be the collision of industrial design rights with copyright and trademark rights for goods and services. In addition, the concept of production has changed from mass to serial and customer-oriented, the life cycle of the product has been significantly reduced and its moral rapid aging has become dominant in its renewal. It was noted that there was a need to improve the legislation on industrial designs and the preliminary scientifically sound justification of strategic direction (from patenting to registration) and privacy before elaboration of relevant proposals and bills. The efficiency of legal protection of industrial designs in enterprises depends on the degree of perfection of the legislative framework. First of all, it is analyzed what violations of patent holders' rights can arise and what ways of overcoming them can be applied to reduce the negative impact of such violations on the economic growth of the enterprise. Please note that it is now very often necessary to identify major conflicting or problematic situations in granting legal protection to industrial designs and trademarks, as well as the question of the legislative and enforceable distribution of two types of exclusive rights. Often there are disputes about the relation between the legal protection of the industrial design and the trademark. This issue has been analyzed and specific proposals are made for amending existing legislation on industrial designs. Also considered are the types of patent strategies developed by major corporations in Japan, the US and Western Europe, such as: patent flood strategy, patent blocking strategy, combined patent strategy. And, based on this analysis, we recommend that they be put into practice by business entities to protect and safeguard their intellectual property rights.


2018 ◽  
Vol 13 (2) ◽  
pp. 89-97
Author(s):  
Abdul Atsar ◽  
Wahyudin Fitriyana

This study aims to find out and analyze what factors are causing a lack of awareness of educators and education personnel in Karawang Regency to register intellectual property rights; The impact of not registering the intellectual property rights of educators and education staff in Karawang regency and knowing the efforts made by the local government in increasing the awareness of legal IPR education and education personnel in Karawang Regency. The method in this study is to use an empirical juridical approach. The results of this study indicate that the factors that led to a lack of awareness of educators and education personnel in Karawang Regency to register IPRs were a lack of understanding of educators and education staff about the legal rules of intellectual property rights; Most educators and education personnel do not know what IPR is; Awards for IPR and compliance with IPR laws are still low.Penelitian ini bertujuan untuk mengetahui dan menganalisis faktor-faktor apa yang menyebabkan kurangnya kesadaran pendidik dan tenaga kependidikan di Kabupaten Karawang untuk mendaftarkan hak kekayaan intelektual; Selanjutnya, dianalisis mengenai dampak dari tidak mendaftarkan hak kekayaan intelektual para pendidik dan staf pendidikan di Kabupaten Karawang, serta dimaksudkan juga untuk mengetahui upaya yang dilakukan oleh pemerintah daerah dalam meningkatkan kesadaran hukum pendidik dan tenaga kependidikan tentang Hak Kekayaan Intelektual di Kabupaten Karawang. Penelitian ini menggunakan pendekatan yuridis empiris. Hasil penelitian ini menunjukkan bahwa faktor-faktor yang menyebabkan kurangnya kesadaran pendidik dan tenaga kependidikan di Kabupaten Karawang untuk mendaftarkan Hak Kekayaan Intelektual adalah kurangnya pemahaman pendidik dan staf pendidikan tentang aturan hukum hak kekayaan intelektual; Sebagian besar pendidik dan tenaga kependidikan tidak tahu apa itu Intellectual Property Rights. Selain itu, penghargaan untuk Hak Kekayaan Intelektual dan kepatuhan terhadap hukum Hak Kekayaan Intelektual masih rendah.


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