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

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.

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Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2207.179-185 ◽

2020 ◽

Vol 1 (1) ◽

pp. 179-185

Author(s):

Ni Luh Made Dwi Pusparini ◽

A. A. Sagung Laksmi Dewi ◽

I Made Minggu Widyantara

Keyword(s):

Law Enforcement ◽

Social Life ◽

Government Regulation ◽

Legal Protection ◽

The State ◽

Major Influence ◽

Criminal Sanctions ◽

The Supreme Court ◽

The Law ◽

Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

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Perlindungan Hukum terhadap Pemuda Dari Kejahatan Terorisme Di Wilayah Hukum Provinsi Jambi

Wajah Hukum ◽

10.33087/wjh.v4i2.215 ◽

2020 ◽

Vol 4 (2) ◽

pp. 388

Author(s):

Ferdricka Nggeboe ◽

Reza Iswanto ◽

Sriayu Indah Puspita

Keyword(s):

Law Enforcement ◽

Government Regulation ◽

Legal Protection ◽

Law Enforcement Officers ◽

Provincial Government ◽

Legal Rules ◽

Criminal Sanctions ◽

Law Enforcement Officials ◽

The Government ◽

Data Collection Technique

Research on legal protection against youth from terrorism crimes in the jurisdiction of Jambi Province aims to determine the form of protection from the government and law enforcement in Jambi Province. The object of his research is legal protection for youth. The problem in this case is how the legal protection of youth from terrorism crimes in the jurisdiction of Jambi Province. The research method is normative so that this research is more descriptive qualitative in nature and sourced from literature. The approach is a case approach and the data collection technique is document study and data analysis is done qualitatively. The result of his research is that legal protection for youth from terrorism crimes in the jurisdiction of Jambi Province is carried out by means of preventive means, namely the government issues legal rules related to terrorism crimes, namely Law Number 5 of 2018 to protect youth who are victims of terrorism crimes, then law enforcement officers and The Counter-Terrorism Communication Forum conducts outreach / counseling related to terrorism crimes, while the repressive form is the Jambi Provincial government and law enforcement officials to ensnare perpetrators of terrorism crimes by imposing criminal sanctions as regulated in Law Number 5 of 2018 concerning Amendments to Law Number 15 2003 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism into Law.

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Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3108.195-199 ◽

2021 ◽

Vol 2 (1) ◽

pp. 195-199

Author(s):

Rezky Ayu Saraswati ◽

I Nyoman Sujana ◽

Diah Gayatri Sudibya

Keyword(s):

Law Enforcement ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

Best Interests ◽

District Court ◽

Criminal Sanctions ◽

The Government ◽

The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

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Perlindungan Hukum Terhadap Karya Cipta Lagu “Hilang” Atas Tindakan Perbanyakan Atas Karya Cipta Tanpa Perjanjian Lisensi (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 192 PK/Pdt.Sus/2010)

Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat ◽

10.30743/jhk.v19i1.1910 ◽

2019 ◽

Vol 19 (1) ◽

pp. 94-113

Author(s):

Khairil Fahmi

Keyword(s):

Law Enforcement ◽

Economic Value ◽

Legal Protection ◽

Criminal Sanctions ◽

Financial Gain ◽

The Supreme Court ◽

Human Creativity ◽

The Government ◽

Role Of The Government ◽

The development of human creativity in creating a work that can have economic value requires legal protection. This protection is very important to encourage the creative enthusiasm of people. There are some basic principles of the copyright law protection of the sound recordings results in its protection that need to be considered, such as what is protected by copyright is an idea that has been tangible and original. As a result of law enforcement efforts against piracy song or music copyright is regulated in the Article 72 where the law enforcement efforts by the government by providing criminal sanctions and civil sanctions with claims for compensation, the Supreme Court considers the reasons of the Petitioner for Review that these reasons cannot be justified, because the judex juris did not commit an error or a real mistake in deciding the a quo case . In general, the forms of Song or Music copyright piracy are divided into several categories, namely Pirate, Couterfeit and Bootleging. The motive for the piracy is for commercial interests in the form of financial gain. The role of the government in law enforcement dealing with piracy is to provide strict sanctions in the form of confiscation and destruction of goods resulting from Copyright piracy carried out by the government. Keywords: Legal Protection, Copyright, Songs, Propagation Actions, License.

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Efektifitas Penjatuhan Sanksi Pidana Terhadap Kejahatan Tindak Pidana Korupsi

Kalabbirang Law Journal ◽

10.35877/454ri.kalabbirang120 ◽

2020 ◽

Vol 2 (2) ◽

pp. 78-90

Author(s):

Ikbal Sahardian ◽

Hambali Thalib ◽

Baharuddin Badaru

Keyword(s):

Law Enforcement ◽

Negative Impact ◽

District Court ◽

Economic Sector ◽

Criminal Offence ◽

Criminal Sanctions ◽

The Law ◽

The Government

Penelitin ini di latar belakangan oleh fenomena bahwa efektif tidaknya penjatuhan sanksi tindak pidana korupsi dikabupaten jayapura papua kebanyakan korupsi terjadi pada lingkup pemerintah maupun swasta tetapi kebanyakan juga korupsi yang terjadi di bidang pertanian terutama dampak negative pada sector perekonomian serta kehidupan pada petani sehingga menghambat kemajuan dan pertumbuhan disektor pertanian. Penelitian ini dilaksakan di kabupaten jayapura papua pada kantor polres jayapura, Kejaksaan Negeri Jayapura dan Pengadilan Negeri jayapura dengan alas an bahwa instansi yang terjadi di kabupaten jayapura selama tiga tahun terakhir. Hasil penelitian ini menukkan bahwa dalam waktu tiga tahun terakhir ini. Tingkat efektifitas penjatuhan sanksi tindak pidana korupsi mengalami peningkatan. Hal ini di sebabkan karena kekurangna kepekaan apparat penegak hokum dalam hal mencegah serta mengurangi terjadinya tindak pidana korupsi disamping itu pula kesadaran hukum dan oknum pemerintah sendiri yang melakukan tindak pidana korupsi yang seharusnya ia mengetahui hukum sebagai unsur pemerintah tetapi malah ia sendiri yang melakukan perbuatan korupsi. Padahal yang melakukan korupsi diancam dengan sanksi penjatuhan yang berat. This study was in the background by the phenomenon that the effective absence of the rationing of corruption criminal sanctions in the district Jayapura Papua most corruption occurs in the scope of the government and private but most of the corruption in the field of agriculture, especially negative impact on the economic sector and life on the farmers, thereby inhibiting progress and growth of agricultural disetor. This research was established in Jayapura Papua District at the Jayapura Police Office, Jayapura state Attorney and the District Court of Jayapura with the base that the agency occurred in Jayapura district for the last three years. The results of this study have been inserted in the last three years. The level of effectiveness of criminal offence sanctions has increased. This has been caused by the Kekurangna sensitivity apparat the law enforcement in preventing and reducing the corruption of criminal acts besides the legal awareness and the Government itself who committed criminal acts of corruption that he should know the law as an element of the government but instead he himself doing corruption. In fact, corruption is threatened with heavy allotment sanctions.

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Problematics of law enforcement of union busting criminal action in gorontalo province

Jurnal Hukum Volkgeist ◽

10.35326/volkgeist.v4i2.669 ◽

2020 ◽

Vol 4 (2) ◽

pp. 148-157

Author(s):

Suardi Rais

Keyword(s):

Law Enforcement ◽

Labor Unions ◽

Trade Unions ◽

Legal Protection ◽

Freedom Of Association ◽

Collective Rights ◽

Criminal Sanctions ◽

Empirical Research Methods ◽

The Law ◽

Decisive Action

Although freedom of association has been more than a decade old, workers in Indonesia still face enormous challenges in exercising their collective rights. this is inseparable from the problem of law enforcement against anti-union / labor crime. This study aims to explain and analyze how the form of legal protection of trade unions in Law No. 21 of 2000 concerning Trade Unions / Trade Unions and what are the barriers to law enforcement in the imposition of criminal sanctions against union busting perpetrators in Gorontal Province. The method used in this study is a merger between normative research and empirical research methods. The results of this study indicate that the form of protection and law enforcement against violations or criminal acts against the union that occurred especially in the Province of Gorntalo is still very weak, there has been no decisive action from all law enforcement. The workings of the law are inseparable from the law enforcers themselves, law enforcement against criminal acts of the Anti Trade union basically still encounters several obstacles among which are understanding concepts among law enforcers of Law No.21 of 2000 concerning Trade Unions / Labor Unions and lack of coordination among PPNS Employment investigators and Police Investigators.

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PEMANGGILAN NOTARIS DALAM RANGKA PENEGAKAN HUKUM PASKA PERUBAHAN UNDANG-UNDANG JABATAN NOTARIS

Justitia et Pax ◽

10.24002/jep.v32i1.758 ◽

2016 ◽

Vol 32 (1) ◽

Author(s):

Laurensius Arliman S

Keyword(s):

Law Enforcement ◽

Legal Protection ◽

Public Law ◽

Public Official ◽

The Law ◽

Notary Public ◽

The Government ◽

The Right

AbstractNotary is a public official who is authorized to make an authentic act. Law No. 2 of 2014 on the Amendment of Law No. 30 Year 2004 on Notary, explains that, to take a photocopy of a Notary deed minuta and call a Notary in law enforcement, no longer through the Regional Supervisory Council permission. So the question arises, how the basic formation of the Honorary Council of Notaries in Act No. 2 of 2014, and how to call the Notary deed made. Based on research outputs by the author, Honorary Council of Notaries of birth, due to the need of legal protection against a Notary in deed. Notary Honorary Council is indispensable in the implementation of the law enforcement process, where the calling Notary by law enforcement (police, prosecutors, judges) must obtain permission from the Notary Honorary Council. To fill the legal vacuum, because the Honorary Council of Notaries has not been established, the Notary can use the right Dissenters, Indonesian Notary Association urged the government to establish a Notary Honorary Council Implementing Regulation.Keywords: Notary Public; Law Enforcement; Law Notary.IntisariNotaris merupakan seorang Pejabat Publik yang berwenang untuk membuat sebuah akta otentik.Undang Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris, menjelaskan bahwa, untuk mengambil fotokopi minuta akta seorang Notaris dan memanggil seorangNotaris dalam penegakan hukum, tidak lagi melalui izin Majelis Pengawas Daerah. Maka timbul pertanyaan, bagaimana dasar pembentukan Majelis Kehormatan Notaris dalam Undang-Undang Nomor 2 Tahun 2014, dan bagaimana memanggil Notaris yang membuatkan akta, Paska Perubahan Undang-Undang Jabatan Notaris Nomor 30 Tahun 2004. Berdasarkan hasil penelitian yang penulis lakukan, Majelis Kehormatan Notaris lahir, akibat kebutuhan perlindungan hukum terhadap seorang Notaris dalam pembuatan akta. Majelis Kehormatan Notaris sangat diperlukan didalam pelaksanaan proses penegakan hukum, dimana pemanggilan Notaris oleh para penegak hukum (polisi, jaksa, hakim) harus mendapat izin dari Majelis Kehormatan Notaris. Untuk mengisi kekosongan hukum, karena Majelis Kehormatan Notaris belum terbentuk, maka Notaris bisa menggunakan hak Ingkar, Ikatan Notaris Indonesia mendesak pemerintah untuk membentuk Peraturan Pelaksana Majelis Kehormatan Notaris.Kata Kunci: Notaris,penegakan hukum, Undang-Undang.

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Sanksi Pidana bagi Pelaku Perbuatan Cabul terhadap Anak Dibawah Umur (Studi Kasus Putusan Nomor 29/Pid. Sus- Anak/2018/PN Dps)

Jurnal Preferensi Hukum ◽

10.22225/jph.1.1.1997.139-144 ◽

2020 ◽

Vol 1 (1) ◽

pp. 139-144

Author(s):

I Putu Arta Setiawan ◽

I Wayan Rideng ◽

Ni Made Sukaryati Karma

Keyword(s):

Sexual Abuse ◽

Law Enforcement ◽

Child Protection ◽

Legal Protection ◽

Deterrent Effect ◽

Public Prosecutor ◽

Child Victims ◽

Victims Of Sexual Abuse ◽

The Law ◽

The Government

Cases of molestation against children are rife today. This is a problem that becomes the duty of law enforcement officers and the community to fight. Abuse of children is carried out by offenders to fulfill thier lust and also because of sexual abnormalities. Related to this problem, law enforcement agencies in particular and the community must play an active role in making efforts to overcome these problems. Imposition of sanctions is a repressive effort that can be done to provide a deterrent effect for the perpetrators. Based on this problem, this study was conducted to describe how the legal protection of child victims of sexual abuse and how sanctions for perpetrators of sexual abuse of children. This study used a normative method, and research data are sourced from the opinions of legal scholars and the Law. The results of this study indicate that the government and the community are required to provide special protection such as rehabilitation efforts and keep victims from surrounding labeling or suffering from their identity as victims of sexual abuse or violence, as Article 64 Paragraph (1) and (3) of Law Number 23 Year 2002 JO Law Number 35 of 2014 concerning Child Protection regulates it. Based on Decision Number 29 / Pid. Sus-Anak / 2018 / PN Dps determined that the defendant BASID fulfilled the elements of the formulation in Article 82 paragraph (1) Jo Article 76 E of the Child Protection Act No. 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning child protection and was sentenced to 13 (thirteen) years in prison along with job training at Mercy Indonesia Foundation Jalan Intan LC II Gang IV No.1 Gatot Subroto Denpasar for 6 (six) months as in a single indictment of the Public Prosecutor

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Efektivitas Undang–Undang Nomor 20 Tahun 2016 tentang Merek Berkaitan dengan Perlindungan Hukum terhadap Kain Tenun Rangrang di Desa Pejukutan Nusa Penida

Jurnal Preferensi Hukum ◽

10.22225/jph.2.2.3326.306-312 ◽

2021 ◽

Vol 2 (2) ◽

pp. 306-312

Author(s):

I Kadek Heri Diana S ◽

Nella Hasibuan OLeary ◽

Ida Ayu Puru Widiati

Keyword(s):

Intellectual Property ◽

Legal Protection ◽

Secondary Data ◽

Woven Fabrics ◽

Primary Data ◽

Registration Process ◽

Directorate General ◽

The Law ◽

The Government ◽

The Village

Nusa Penida is very well known for its rangrang woven cloth, but until now the filing of the cloth brand to the Directorate General of Intellectual Property has not been realized as a form of legal protection. The purpose of this research is to reveal the effectiveness of law number 20 of 2016 concerning the brand on rangrang woven fabrics in the Village of Nusa Penida and the efforts to protect the law against the woven cloth rangrang in the Village of Nusa Penida. The research method used is empirical. Primary data and secondary data were obtained by conducting observations and interviews as well as literature. Based on the results of research obtained by Law Number 20 of 2016 concerning brands, it cannot be said to be effective because the community does not register the woven woven cloth at the Directorate General of Intellectual Property, this is due to the lack of citizen knowledge of the law. So that government efforts are needed to provide socialization related to the importance of registering rangrang woven fabrics. And efforts to protect rangrang woven fabrics are still in the registration process and there will be socialization and services as well as assistance from the government for the smooth registration of rangrang woven fabrics at the Directorate General of Intellectual Property.

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Perlindungan Hukum bagi Pekerja Penyandang Disabilitas pada PT. Sumber Alfaria Trijaya

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.2.2447.116-121 ◽

2020 ◽

Vol 1 (2) ◽

pp. 116-121

Author(s):

I Wayan Tika Tambunan ◽

I Nyoman Putu Budiartha ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Data Analysis ◽

Law Enforcement ◽

Research Method ◽

Legal Protection ◽

People With Disabilities ◽

Legal Research ◽

Persons With Disabilities ◽

The Law ◽

The Government ◽

Retail Company

At present, there are cases of persons with disabilities being employed in a retail company in the Bali area. The Manpower Act provides provisions for companies to employ people with disabilities. Therefore, companies are required to provide accessibility. This research was conducted with the aim of describing the implementation of legal protection for workers with disabilities at PT. Sumber Alfaria Trijaya based on Law Number 13 2003 and the factors that become obstacles in the application of legal protection for workers with disabilities at PT. Source Alfaria Trijaya. The research method used is an empirical legal research method with a factual approach and a statutory approach. Based on the results of data analysis, the implementation of legal protection provided by PT. Sumber Alfaria Trijaya towards workers with disabilities has not been fulfilled, namely in terms of providing qualified accessibility. Several factors inhibiting the implementation of legal protection efforts for workers with disabilities, namely the law enforcement factor itself and the community factor. So the government is expected to further optimize the supervision of companies that have not implemented the mandate of the law and provide socialization and guidance to companies and workers on the importance of rights and obligations.

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