scholarly journals ANALISIS PENERAPAN PEMBAYARAN ROYALTI HAK CIPTA LAGU PADA USAHA HIBURAN KARAOKE (Studi Kasus Orange Family Karaoke)

2021 ◽  
Vol 19 (2) ◽  
pp. 130-140
Author(s):  
Suci Permata ◽  
Tami Rusli ◽  
Melisa Safitri
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Daily Routine ◽  
Economic Rights ◽  
Great Demand ◽  
Collective Management ◽  
Inhibiting Factors ◽  
The Family

Abstract Karaoke places are in great demand from various circles. All karaoke places have the same goal, which is to provide entertainment for the family or take a moment to unwind from the daily routine. Karaoke places always serve songs with various choices from all the creations of Indonesian singers. But of course the songs that are served have been licensed first. Regarding this license, basically it must be agreed by both parties without coercion. Copyright protection, especially for music or song creations, is a serious problem. This situation shows that there is still a need for stricter legal protection regarding the protection of royalties on a song or music copyrighted work and the protection of the rights contained therein. The purpose of the study was to determine the implementation of copyright royalty payments on songs between the creator and karaoke entertainment business actors and the inhibiting factors for the payment of copyright royalties on songs between the creator and performer in karaoke entertainment at Orange Family Karaoke. The method used in this research is empirical juridical. The data that has been systematically arranged were analyzed qualitatively. The results showed that the distribution of royalties is managed by the Collective Management Institute (LMK). The institution is authorized by the creator to exercise the economic rights of the creator. The barrier to royalty payments is due to the lack of socialization and understanding of royalty payments and the high cost of royalty payments.  Keywords: Royalty, Copyright, Karaoke

scholarly journals DISSEMINATION OF COPYRIGHT LAW IN DIGITAL PRODUCTS IN SEMARANG CITY

2018 ◽  
Vol 2 (1) ◽  
pp. 47-54
Author(s):  
Andry Setiawan
Keyword(s):  
Copyright Protection ◽  
Economic Value ◽  
Legal Protection ◽  
Economic Benefits ◽  
Moral Rights ◽  
Copyright Holder ◽  
Creative Work ◽  
Digital Products ◽  
Intellectual Work ◽  
Economic Rights

A creative work created by its creator based on his sense and intention which is supported by his creativity will become an intellectual work with a high economic value. Such creators are like book and song writers who have an ability and idea to produce a work that can be enjoyed by everyone. Based on the principle of justice, it is understood that to produce such work is not an easy task because it requires sacrifice. Therefore, the creator is entitled to economic benefits for his work. An intellectual work having a very high economic value is supposed to get adequate legal protection supported by a sense of justice as the reward of the creator’s intellectual products. In addition to physical copyrighted work products, there are also digital products on which the creator owns a copyright. There are examples of digital products which follow the development of technology such as song files, e-books, software, etc. One of the problems that exists in the community is that the digital product becomes easier to be pirated or illegally downloaded through the internet. How is copyright protection in digital products as the embodiment of the creator's creative works. Copyright protection against creators and copyright holders pursuant to Act No. 28 of 2014 on Copyright. Article 1 number 1 and Article 24 paragraph (1) and (2). The creator or copyright holder has rights to be protected by the government, namely economic rights and moral rights. The existence of economic rights and moral rights is then someone's creative work will have its own values, so it is not easy to use his property for commercial purposes by the parties who are not responsible.

scholarly journals KEPASTIAN HUKUM TERHADAP PERLINDUNGAN KARYA CIPTA TARI JAIPONGAN DI WILAYAH JAWA BARAT

SASI ◽  
2020 ◽  
Vol 26 (4) ◽  
pp. 474
Author(s):  
Sulistijono Sulistijono
Keyword(s):  
Performing Arts ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
The West ◽  
Economic Rights ◽  
Cultural Wealth ◽  
Collective Management ◽  
Analytical Research ◽  
Research Type

The diversity possessed by the Indonesian nation starts from its various ethnicities, languages and cultures, Of course, this is inseparable from the participation of the community in developing the natural wealth owned by Indonesia, one of Indonesia's cultural wealth is the culture of dance in the West Java region, namely the jaipongan dance. Dance is a branch of the performing arts that has legal protection by copyright. The research method uses descriptive analytical research type, which is a study that describes or describes something that has happened or is currently taking place in a certain place and at a certain time, describing or describing the problems that have occurred.The analysis of the authors in this study, that the form of protection of Jaipongan dance creations inWest Java is still limited to regulation because economic rights have not been realized properly so that legal certainty is not realized. The conclusion is to obtain legal certainty regarding the economic rights obtained from his works in the form of royalties, a special collective management agency for dance can be formed and the need for recording requirements procedures related to various dances that can be recorded.

scholarly journals The Process of Establishing Family Support for Rehabilitated Adolescent Drug Abusers at Bangli Mental Hospital

2020 ◽  
Vol 4 (1) ◽  
pp. 14
Author(s):  
Made Dewi Sariyani ◽  
Kadek Sri Ariyanti ◽  
Dyah Pradnyaparamita ◽  
Ni Komang Ekawati
Keyword(s):  
Family Support ◽  
Mental Hospital ◽  
Drug Users ◽  
External Factors ◽  
Drug Abusers ◽  
Inhibiting Factors ◽  
Depth Interview ◽  
The Family ◽  
Drugs And Crime ◽  
Internal And External Factors

According to UNODC (The United Nations Office on Drugs and Crime) in the World Drug Report in 2015, the estimated drug users in 2013 were 246 million people, where the highest number of drug cases occurred in the population of 15-64 years of age. The biggest factor that can influence the success of drug users to leave drugs forever is the strong intentions from within and positive family support. This study aimed to find out in depth regarding the process of establishing family support for rehabilitated adolescent drug abusers at Bangli Mental Hospital. This study employed a qualitative design. The qualitative data were gathered through in-depth interview to 12 informants, where 6 informants were the parents of the drug abusers, 3 nurses in the rehabilitation room, and 3 adolescents who were being rehabilitated in Bangli mental hospital. This study revealed that the family had internal and external factors as well as inhibiting factors in forming and providing support to residents. In forming support, the residents’ family had internal and external factors that influenced it, moreover they also had inhibiting factors such as feeling of weary and distance from home. Index Terms— support, family, adolescents, rehabilitation

scholarly journals PERLINDUNGAN HUKUM HAK CIPTA TERHADAP LOGO INSTANSI PEMERINTAH DIHUBUNGKAN DENGAN PRINSIP ALTER EGO

2020 ◽  
Vol 2 (1) ◽  
pp. 95-114
Author(s):  
Mahadiena Fatmashara ◽  
Muhamad Amirulloh ◽  
Laina Rafianti
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Moral Rights ◽  
The Other ◽  
Government Agencies ◽  
Economic Rights ◽  
Natural Right ◽  
Commercial Activities ◽  
The Government ◽  
Alter Ego

ABSTRAKSalah satu instansi pemerintah di Jawa Barat, menggunakan logo yang diciptakan oleh pegawai dari instansi tersebut. Pembuatan logo tidak diperjanjikan khusus, sehingga pencipta tidak mendapatkan royalti (materiil dan ekonomi). Hal tersebut menarik untuk dikaji mengenai Implementasi Prinsip Alter ego yang berkaitan pada hak cipta seseorang yang mengakui pencipta sebagai pemilik hak tertinggi. Pencipta memiliki hak alamiah untuk memanfaatkan ciptaannya dan mempertahankan ciptaannya terhadap gangguan apapun dari pihak lain. Metode penelitian yang digunakan dalam penulisan ini bersifat deskriptif analitis guna memperoleh gambaran peraturan perundang-undangan yang berlaku dikaitkan dengan teori-teori hukum dan praktek pelaksanaan hukum positif. Pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif, dengan cara meneliti bahan pustaka yang disebut data sekunder yang terdiri dari bahan hukum primer, literatur-literatur, artikel-artikel, pendapat dan ajaran para ahli serta implementasinya dalam praktek. Apabila dilihat pada Pasal 35 ayat (1) dan (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta tidak terpenuhi. Meskipun instansi pemerintah tidak bertujuan untuk kegiatan komersial. Namun hak moral dan hak ekonomi hakikatnya wajib dilaksanakan sesuai dengan prinsip perlindungan Hak Kekayaan Intelektual. Perlindungan Hukum terhadap pencipta atas logo tetap harus diakui. Kata kunci: alter ego; hak cipta; hak moral; logo; instansi pemerintah. ABSTRACTOne of the government agencies in West Java, using a logo created by employees of the agency. Logo creation is not specifically promised, so creators do not get royalties (material and economic). It is interesting to review the Implementation of Alter ego Principles relating to the copyright of a person who recognizes the creator as the owner of the highest right. The Creator has the natural right to utilize his creation and defend his creation against any interference from the other party.The research methods used in this writing are analytically descriptive to obtain an overview of the prevailing laws and regulations associated with legal theories and the practice of implementing positive laws. The approach used in this study is normative juridical, by examining library materials called secondary data consisting of primary legal materials, literature, articles, opinions, and teachings of experts and their implementation in practice.If viewed in Article 35 paragraph (1) and (2) of Law No. 28 of 2014 on Copyright is not fulfilled. Although government agencies do not aim for commercial activities. But moral rights and economic rights must essentially be implemented in accordance with the principles of intellectual property protection. Legal protection of creators over logos must still be recognized.Keywords: alter ego; copyright; government agencies; logo; moral rights.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 2 (4) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Tindak Kekerasan Terhadap Anak di Lingkungan Satuan Pendidikan dan Peranan Keluarga Sebagai Upaya Non-Penal Dalam Pencegahan

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 115-129
Author(s):  
Jetty Martje Patty
Keyword(s):  
Learning Environment ◽  
Character Education ◽  
Educational Institution ◽  
Legal Protection ◽  
Religious Values ◽  
Violence Against Children ◽  
The Family ◽  
The Government

ABSTRACT    ROLE OF THE FAMILY AS A NON PENAL EFFORT IN PREVENTING  ACTS OF VIOLENCE AGAINTS CHILDREN IN THE EDUCATION UNIT ENVIRONMENT                 Schools are required to be anti violence zones, which provides a safe comfortable and enjoyable learning environment. Legal protection made by the government has not provided protection for children from violence that occurs in schools. So that there needs to be other efforts beyond legal measures that can prevent acts of violence against children in school. Non penal efforts through the role of the family.a as the first educational institution in society that plays a role in educating children to shape the character of children. Character education in the family will produce anti violence behavior in children themselves will distance themselves from behavior u violence, because children are equipped with loving behavior, tenderness, religious values, empathy in children.    

scholarly journals Analisis Pelaksanaan Kebijakan Bantuan Program Keluarga Harapan

2020 ◽  
Vol 2 (1) ◽  
pp. 11-17
Author(s):  
Faizal Anwar ◽  
Nanik Untari
Keyword(s):  
Qualitative Research ◽  
Policy Implementation ◽  
Inhibiting Factors ◽  
Family Program ◽  
The Family ◽  
Telecommunications Network ◽  
Poverty Program ◽  
Program Policy ◽  
Village Government ◽  
The Village

ABSTRACT The purpose of this study was to determine the implementation of the Family Hope Program Assistance Policy and to want to know what factors hindered the implementation of the Family Hope Program (PKH) in Mesigit Village. The method in this research uses qualitative research. The results showed that the implementation of the Family Hope Program policy has gone well, but that has become an obstacle in the implementation of the Hope Family Program coordinating PKH facilitators to the village government. The conclusion of this research is that the implementation of the Family Hope Program (PKH) has been going well because it has four indicators of policy implementation such as: communication, resources, disposition and bureaucratic structure. While the inhibiting factors are the awareness and interest of the community about PKH, telecommunications network facilities and the absence of meeting activities, there is no coordination from PKH facilitators.  Keywords: Policy, Poverty, Program.  

scholarly journals Perlindungan Hukum Terhadap Orang Utan Dari Perdagangan Ilegal

Kosmik Hukum ◽  
2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Firman Bagus Prasetyo ◽  
Rahtami Susanti ◽  
Bayu Setiawan
Keyword(s):  
Natural Resources ◽  
Road Network ◽  
Legal Protection ◽  
Illegal Trade ◽  
Network Expansion ◽  
Inhibiting Factors ◽  
Orang Utan

Illegal trade in protected animals, including orangutans, is still rife in Indonesia, resulting in a decline in population from year to year. This study aims to analyze the legal protection of orangutans from illegal trade, based on Law Number 5 of 1990 concerning Conservation of Living Natural Resources and their Ecosystems and their inhibiting factors. The approach to the problem that will be used in this research is a normative juridical approach. The results of the study show that first, the number of orangutan populations has decreased due to illegal trade and there are several factors that hinder the protection of the orangutan population, such as logging, encroachment and road network expansion. The illegal trade in orangutans is something that must be considered because the punishment imposed on the perpetrators is still too light, with what they are doing. Therefore, the punishment and fines can be heavier so that the perpetrators are deterred. Stop forest hunting by tightening forest guarding and providing education about protected animals to the community. Likewise in protecting animals in the country of Indonesia.Keywords: protection, orangutans, illegal trade

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

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