scholarly journals PEMBAJAKAN KARYA LAGU MELALUI APLIKASI DI PLAYSTORE MENURUT PERSPEKTIF HAK CIPTA (TAXATION OF SONG WORKS THROUGH THE APPLICATION ON PLAYSTORE BY COPYRIGHT PERSPECTIVE)

2021 ◽  
Vol 5 (1) ◽  
pp. 16-32
Author(s):  
Aditya Suud ◽  
Suherman Suherman
Keyword(s):  
Computer Program ◽  
Digital Computer ◽  
Legal Protection ◽  
Electronic Media ◽  
Online Media ◽  
Electronic Information ◽  
Conceptual Approach ◽  
Electronic Documents ◽  
Research Type ◽  
Secondary Materials

Penelitian ini bertujuan untuk mengetahui dan memahami bagaimana bentukperlindungan hokum terhadap tersangka pada pembajakan hak cipta melaluiaplikasi di Indonesia. Khususnya terhadap karya cipta digital programcomputer dalam bentuk bentuk aplikasi yang berisi dokumen elektronikberupa karya cipta lagu atau musik milik orang lain yang kemudian dipublikasikan di salah satu aplikasi bernama Playstore. Penelitian inimenggunakan jenis penelitian Yuridis-Normatif dengan melakukanpendekatan peraturan perundang- undangan (statute approach) danpendekatan konseptual (konseptual approach). Pengumpulan data daribahan sekunder dilakukan dengan metode kepustakaan dan dianalisamenggunakan metode kualitatif dan melakukan analisis yuridis. Hasilpenelitian ini adalah di Indonesia belum ada aturan khusus mengenaipembajakan lagu melalui media daring atau Internet digital maka UU No. 28Tahun 2014 mengenai Hak Cipta dapat menjangkau hal tersebut denganmenggunakan dasar seperti yang telah dijelaskan diatas yaitu dapat dikaitkandengan pasal 32 Jo.pasal 48 UU No. 19 Tahun 2016 mengenai Informasi DanTransaksi Elektronik walaupun kejahatan yang dilakukan adalah mengenaipelanggaran hak orang lain yaitu Hak Cipta. Hal tersebut juga disebabkan olehkonsep yang belum tepat mengenai pengaturan pembajakan dalam mediainternet atau elektronik. Konsep yang diperlukan ini adalah denganmendirikan badan baru yang menjembatani dua aturan yang berbeda makahal ini akan menjadikan penanganan mengenai pelanggaran pembajakanmelalui aplikasi Playstore akan lebih jelas kewenangan mengadili daripermasalahan tersebut.Kata kunci: Hak cipta; Dokumen elektronik; Analisis yuridis; Mediadaring; Media elektronikBorneo Law Review : Vol.5 No.1 Juni 2021 17ABSTRACTThis study aims to find out and understand how the form of legal protection against suspects in copyright piracy through applications in Indonesia. Especially for digital computer program copyrights in the form of applications containing electronic documents in the form of songwriting or music belonging to other people which are then published in an application called Playstore. This study uses a juridical-normative research type by applying a statutory approach and a conceptual approach. Collecting data from secondary materials was carried out using literature methods and analyzed using qualitative methods. The result of this research is that in Indonesia there are no specific rules regarding pirating songs through online media or digital Internet. 28 of 2014 regarding Copyright can reach this by using the basis as described above, which can be linked to article 32 Jo. Article 48 of Law no. 19 of 2016 regarding Electronic Information and Transactions even though the crime committed was regarding the violation of the rights of others, namely Copyright. This is also due to the inaccurate concept of regulating piracy in internet or electronic media. The concept needed is to establish a new agency that bridges two different rules, so this will make handling of piracy violations through the Playstore application clearer in the authority to judge these problems.Keywords : Copyright; Electro

scholarly journals Tanda Tangan Elektronik dalam Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas

2020 ◽  
Vol 1 (1) ◽  
pp. 148-153
Author(s):  
Ni Kadek Sofia Arianti ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Electronic Media ◽  
Research Approach ◽  
Limited Liability Company ◽  
Electronic Information ◽  
Electronic Documents ◽  
Electronic Signatures ◽  
Procedural Law

This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.

scholarly journals Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Desak Ketut Parwati ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

scholarly journals Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 469-475
Author(s):  
I Wayan Rideng ◽  
Desak Ketut Parwati ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.  

scholarly journals Law Enforcement of Criminal Defamation Through Electronic Media

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 263
Author(s):  
Septavela Gusti Putri ◽  
Echwan Irianto ◽  
Dodik Prihatin AN
Keyword(s):  
Law Enforcement ◽  
Electronic Media ◽  
Legal Rights ◽  
Legal Person ◽  
Electronic Information ◽  
Electronic Documents ◽  
The Public ◽  
Detailed Explanation ◽  
Electronic Transactions ◽  
The Right

Defamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail the elements of "insulting content and/or defamation;” therefore, the understanding of this term is subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law (ITE Law - Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation of these elements. The results found in this study are an objective criteria to assess whether electronic information or electronic documents which can be qualified as defaming. This study argues that defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or legal person (d) the content and context of each case, and (e) the allegations. In addition,  a person is said to have the right to commit criminal defamation if carried out in the public interest and by being forced to defend himself. Keywords: Criminal Defamation, Electronic Media, Indonesia

scholarly journals Status Perkawinan Gereja Yang Tidak Dicatatkan Di Kantor Catatan Sipil

2020 ◽  
Vol 3 (2) ◽  
pp. 80-99
Author(s):  
Benny Haryono
Keyword(s):  
Social Interaction ◽  
Marital Status ◽  
Legal Protection ◽  
Social Aspects ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Family Household ◽  
Analysis Technique ◽  
The Impact ◽  
Research Type

Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. However, if marriage is not recorded, it can affect the couple's access to legal activities or moral and social aspects, such as allegedly committing adultery or so on, this has sociological consequences in the community, so that marital registration plays a role in the engineering of social interaction in society. This research uses normative juridical research type. This study uses a statutory approach and a conceptual approach. The legal material analysis technique used is normative analysis, a way of interpreting and discussing the results of research based on the notion of law, legal norms, legal theories and doctrines relating to marital status that are not recorded in the civil registry office. The result of this research is a marriage that is not registered at the Civil Registry Office, so the marriage is still considered valid. However, there are juridical consequences related to the marriage. And the impact on the church's marital status that is not recorded is that they cannot do legal actions and have no legal protection

scholarly journals Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerce

2021 ◽  
Vol 2 (3) ◽  
pp. 641-645
Author(s):  
Putu Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Credit Card ◽  
Legal Protection ◽  
Electronic Media ◽  
Electronic Information ◽  
Face To Face ◽  
Secondary Sources ◽  
Electronic Contracts ◽  
Electronic Contract ◽  
Valid Evidence ◽  
Article 5

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.

scholarly journals Perlindungan Hukum terhadap Korban dalam Tindak Pidana Eksploitasi Seksual Anak (Studi Kasus Putusan Nomor 535/Pid.Sus/2019/PN Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 1-5
Author(s):  
Ade Satriasa Maha Putra ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Protection ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Government ◽  
New Research ◽  
Legal Subjects ◽  
Research Type

We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).

scholarly journals Implementation of E-Commerce Crime Law Enforcement at the West Nusa Tenggara Regional Police

2021 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Siti Zahratul Azizah ◽  
Zainal Asikin ◽  
Lalu Parman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Protection ◽  
Preliminary Evidence ◽  
Criminal Code ◽  
Police Agency ◽  
Electronic Information ◽  
Conceptual Approach ◽  
Protection Measures ◽  
Sociological Approach

This study aims to analyze the implementation of e-commerce criminal law enforcement in the NTB police institution related to how the law enforcement of e-commerce crime in the NTB Regional Police agency and how the legal protection of e-commerce consumers in the NTB Regional Police agency. Through empirical legal research related to law enforcement of e-commerce crimes in the NTB Regional Police. Based on the statutory approach, conceptual approach, and sociological approach to law. The legal basis for law enforcement of the NTB police e-commerce crime is the Criminal Code and Law Number 19 of 2016 concerning Electronic Information and Transactions. Enforcement of criminal law against e-commerce in article 378 of the Criminal Code, the penalty is too light, so the police apparatus uses article 28 paragraph (1) and article 45A paragraph (1) of Law number 19 of 2016 concerning Electronic Information and Transactions. In e-commerce crime, the police have difficulties such as difficulty finding evidence, finding anonymous accounts and electronic identities. In addition, the NTB Police agency does not have the authority to intercept and block accounts used by e-commerce criminals. The NTB Regional Police's legal protection measures for consumers include conducting checks at internet cafes, collecting evidence related to crimes, tracking related crimes, confiscating electronic evidence, disclosing (blocking bank accounts) or detaining based on preliminary evidence or so-called evidence enough.

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