scholarly journals KAJIAN RELEVANSI DELIK ADUAN PADA IMPLEMENTASI UNDANG-UNDANG HAK CIPTA

2020 ◽  
Vol 32 (2) ◽  
pp. 212
Author(s):  
Fitri Pratiwi Rasyid
Keyword(s):  
Law Enforcement ◽  
Copyright Protection ◽  
Original Work ◽  
Copyright Infringement ◽  
Normative Study

AbstractLaw enforcement efforts against copyright infringement in Indonesia are regulated as a complaint offense under Article 120 of Law Number 28 of 2014 concerning Copyright. Complaint offense implementation had connected with one consideration suggested that the officials having difficulty to distinguish between an original work and a copy. Referring to normative study that has been conducted, the complaint offense is irrelevant since it restricts law enforcement capacity of providing copyright protection. Appropriately, to protect creators and/or copyright holders whose rights have been violated, the officials should take an action without waiting for a complaint about the presence of copyright infringement.IntisariUpaya penegakan hukum terhadap pelanggaran hak cipta di Indonesia diatur sebagai delik aduan berdasarkan Pasal 120 Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Delik aduan berlaku dengan salah satu pertimbangan bahwa aparat penegak hukum kerap sulit membedakan ciptaan yang asli dengan tiruannya. Bersumber pada pengkajian normatif yang telah dilakukan, delik aduan tidak relevan diterapkan karena membatasi ruang gerak penegakan hukum dalam memberikan pelindungan hukum untuk berkarya. Sepatutnya, untuk melindungi pencipta dan/atau pemegang hak cipta yang dilanggar haknya, aparat penegak hukum dapat bertindak tanpa harus menunggu aduan pada pelanggaran hak cipta yang terjadi.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals LEGAL PROTECTION OF CONSUMERS THROUGH HALAL CERTIFICATION ON PROCESSED FOOD PRODUCTS IN PALU CITY

2020 ◽  
Vol 17 (1) ◽  
pp. 38-55
Author(s):  
Marzuki Marzuki
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Legal Protection ◽  
Food Products ◽  
Legal Culture ◽  
Influential Factors ◽  
Processed Food ◽  
Normative Study ◽  
Irresponsible Behavior ◽  
Law Enforcement Officials

This study discusses legal protection for Muslim consumers through Halal certification in processed food products in Palu. This is based on the writer's concern watching case after case that occurred in the community. With a variety of excuses and interests, the community as consumers become victims of the irresponsible behavior of processed food producers. This research is a normative study combined with empirical research to find out various factors that influence the realization of legal protection for Muslim consumers for processed food products in Palu. Namely: legal substance, Law enforcement officials Related to Halal Certification, Community Legal Culture and Supporting Facilities. The results showed that the four influential factors had not played their role maximally so that the conclusion was drawn that the legal protection of Muslim consumers through halal certification on processed food products in Palu had not been effective.

scholarly journals The Legal Pluralism in Law Education in Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Issues ◽  
Legal Pluralism ◽  
Legal Culture ◽  
Legal Systems ◽  
Legal Compliance ◽  
Normative Study ◽  
History Of ◽  
The Many

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  

An Advanced Watermarking Application for the Copyright Protection and Management of Digital Images of Cultural Heritage Case Study

2009 ◽  
pp. 263-279
Author(s):  
Georgios Stilios ◽  
Dimitrios K. Tsolis
Keyword(s):  
User Interface ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
Digital Images ◽  
Copyright Infringement ◽  
High Quality ◽  
Protection Of Cultural Heritage

The issue addressed in this chapter is the design, implementation, and evaluation of a watermarking application, especially focused on the protection of cultural heritage. The application described here is focusing on protecting digital surrogates of high-quality photographs of artifacts, monuments and sites, and on countering copyright infringement of online digital images. This is achieved by the integration of an innovative watermarking method to a specialized and usable user–interface. The system is specifically applied to “Ulysses,” the Official Cultural Portal of the Hellenic Ministry of Culture (HMC). The chapter is structured in 7 main sections where an overview of the issue is presented, the watermarking method is analyzed, and the user-interface is described in detail. Finally, an evaluation of the overall watermarking application is presented and specific on-site implementation issues are analyzed.

Forensic Expertise and Judicial Expectations

2014 ◽  
pp. 83-109
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Substantial Part ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Forensic Expertise ◽  
The World ◽  
Software Copyright

This chapter primarily focuses on recommendations, suggestions, and directives from the legal systems on matters related to investigation of software copyright infringement and then presents them as positive contributory gestures by the legal systems across the world. Samples are taken from various laws, judicial suggestions and recommendations, and legal directives on copyright in order to discuss the ways in which these laws, recommendations, and directives can add credibility to the entire forensic procedure as well as value to the final forensic answers. These samples address judicial recommendations on a variety of software copyright issues such as software authorship, copyright protection of various software elements (including literal and non-literal software parts), the constitution of “substantial part,” the interpretation of software ideas, forensic exclusion policies of various unprotectable elements, “mining,” etc. The chapter concludes stressing the importance of imparting extensive cyber forensic education to judicial officers for making them fit not only to take intelligent judicial decisions but also to put forward wise judicial recommendations on software copyright infringement cases.

Paramount Pictures v. Axanar Productions: identifying the infringed work when an unauthorized production is set in an existing fictional universe

2018 ◽  
Vol 1 (2) ◽  
pp. 73-88
Author(s):  
Michael D. Dunford
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Fair Use ◽  
Current Time ◽  
Alternative Approach ◽  
American Case ◽  
The Universe

The copyright status of the fictional universes that form the foundation of many interactive and conventional entertainment franchises is unclear, making it difficult to determine how to assess copyright infringement claims when the universe is appropriated for use by an unauthorized work. A recent American case, Paramount Pictures v. Axanar Productions, represents one of the only known examples of such a case that does not involve the corresponding use of major plot elements or characters from within the main franchise works. This paper uses the Paramount Pictures v. Axanar Productions case as an example of the effect that decisions about how to identify the infringed work have on both the substantial similarity and fair use inquiries. The aggregation approach adopted by the court is critiqued, and an alternative approach – treating the fictional universe itself as a copyright protected work – is suggested as an alternative consistent with existing law. However, even that approach is likely to have potential pitfalls. Ultimately, those interested in copyright as applied to multi-work franchises should be aware that this is an area of lingering uncertainty, with both the nature and the extent of the copyright protection afforded to fictional universes undefined at the current time.

scholarly journals Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry

2021 ◽  
Vol 21 (2) ◽  
pp. 223
Author(s):  
Nevey Varida Ariani
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Music Industry ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Digital Music ◽  
Criminal Sanctions ◽  
Directorate General ◽  
The Law ◽  
The Government

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era. 

scholarly journals Securing Images Using Watermarking Technique

2012 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Khalid Ahmed Ibrahim ◽  
G.K. Viju
Keyword(s):  
Copyright Protection ◽  
Original Work ◽  
Original Image ◽  
Secret Information ◽  
Security Measure ◽  
Watermark Embedding ◽  
Digital Watermarks ◽  
Authentication Security

Factors like Secrecy, Authentication, Non-repudiation and Integrity are considered in dealing with security. Watermarking is one such security measure. Watermarking technology generally permits authors to hide their names in the image behind their original work. In this proposed work, a segment based model is developed wherein the original image is partitioned into various segments and the information is made confidential. At the receiver’s end the segments are combined to obtain the original image and the secret information. The model facilitates both watermark embedding and extraction. Besides copyright protection, authentication, security, digital watermarks can also serve as invisible labels and content links.

scholarly journals Law Enforcement against Children's Criminal Action Based On Law Number 11 of 2012 Concerning Children Criminal Justice Systems

2020 ◽  
Vol 8 (06) ◽  
pp. 226-235
Author(s):  
Feddy Hantyo Nugroho ◽  
Rodliyah ◽  
Amiruddin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Normative Study ◽  
Criminal Sanctions ◽  
Criminal Justice Systems ◽  
Objective Interpretation ◽  
The Law

This research was conducted to analyze and find out how criminal law policy is in the effort to apply criminal sanctions against children facing the law in terms of Law No. 11 of 2012 concerning the Criminal Justice System for Children and whether the concept of Diversity can be applied in the process of law enforcement against children involved in Narcotics Crimes. This research is a normative study, to analyze the legal material related to the problem under study, the author uses the Interpretation, Subjective and Objective Interpretation instruments, after that the authors process these legal materials by deductive thinking. The results obtained from the study that the drafting of Law Number 11 of 2012 is a replacement to Law Number 3 of 1997 concerning juvenile justice conducted with the aim of establishing a judiciary that truly guarantees the best protection of the interests of children facing the law as nation's next generation. The concept of Restorative Justice is one of the important things in Law Number 11 of 2012 where restoring the situation as it used to be the main goal and also no less important is the form of criminal sanctions that can be imposed on Children where criminal sanctions that are harsh and miserable are used as ultimum Remedium is not as a premium remedium especially as a maximum remedium. The concept of diversion that should be applied in Indonesia in the future, should be a combination of the concept of diversion that is applied in Australia, namely Police Diversion which is combined with the process of handling cases with the diversion prevailing in Indonesia today.

scholarly journals Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm

2020 ◽  
Vol 2 (2) ◽  
pp. 100-114
Author(s):  
Siti Kasiyati
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Normative Study ◽  
Human Welfare ◽  
The Public ◽  
Literary Research ◽  
Substantive Justice ◽  
The Law

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.

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