Widya YuridikaPub Date : 2022-12-02DOI: 10.31328/wy.v6i1.3847
Anzalna Noor Zalika, R. Permata, Danrivanto Budhijanto
{"title":"Penyalahgunaan Karya Sinematografi Yang Disediakan Layanan Over-The-Top Dikaitkan Dengan Prinsip Fair Use","authors":"Anzalna Noor Zalika, R. Permata, Danrivanto Budhijanto","doi":"10.31328/wy.v6i1.3847","DOIUrl":"https://doi.org/10.31328/wy.v6i1.3847","url":null,"abstract":"","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134572304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-12-02DOI: 10.31328/wy.v6i1.3895
Rahmia Rachman, Suarlan Suarlan, E. Ardiansyah
{"title":"Legal Effectiveness of Issuing Land Rights Certificates in Palu City","authors":"Rahmia Rachman, Suarlan Suarlan, E. Ardiansyah","doi":"10.31328/wy.v6i1.3895","DOIUrl":"https://doi.org/10.31328/wy.v6i1.3895","url":null,"abstract":"ABSTRACT","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133338044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-12-02DOI: 10.31328/wy.v6i1.3776
Citra Layali Nur Rahmah, Tarsisius Murwaji, S. Sudaryat
{"title":"Implementation Of Shopee Risk Management In The Matter Of Interest Income On Spaylater Financing In The Form Of Peer To Peer Lending And Their Legitimacy","authors":"Citra Layali Nur Rahmah, Tarsisius Murwaji, S. Sudaryat","doi":"10.31328/wy.v6i1.3776","DOIUrl":"https://doi.org/10.31328/wy.v6i1.3776","url":null,"abstract":"","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132650304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-12-02DOI: 10.31328/wy.v6i1.4035
Yongkie Yongkie, H. Disemadi
{"title":"Non-Fungible Tokens as Jurisdictionless Innovation: Legal Vacuum, Loopholes, Potentials and Solutions","authors":"Yongkie Yongkie, H. Disemadi","doi":"10.31328/wy.v6i1.4035","DOIUrl":"https://doi.org/10.31328/wy.v6i1.4035","url":null,"abstract":"Non-Fungible Tokens (NFTs) are one of the technological innovations that provide convenience for every human being, especially in the context of business and economic opportunities. Features such as anonymity, decentralization, and its online scope are undeniably a double-edged knife phenomenon. On the one hand, it makes things easier, but on the other hand, it has the potential to become a platform for criminal acts such as money laundering, personal data violations, and copyright plagiarism. So that the urgency of special regulations should be considered, but with a progressive nature and paradigm so that NFT innovation does not die just because the law does not adjust to the times. Progressive law is a solution and answer to the phenomena that occur, where the legal paradigm and its enforcement must be in accordance with the moral system, the times, and the values that live in society to achieve substantive justice. Practical breakthroughs such as utilizing the latest technology can be developed to assist the law enforcement process in cyberspace.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130923326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-09-01DOI: 10.31328/wy.v5i2.3549
J. Wijaya, Yudi Kornelis
{"title":"Legalitas Komersialisasi Fanart Anime","authors":"J. Wijaya, Yudi Kornelis","doi":"10.31328/wy.v5i2.3549","DOIUrl":"https://doi.org/10.31328/wy.v5i2.3549","url":null,"abstract":"The popularity of anime makes fans take an active role in their community, one of them is by commercializing anime fanart. The commercialization of anime fanart is rather an ambiguous problem, considering that there is no specific regulation about this matter, either in the Law No. 28 of 2014 on Copyright or Japan Copyright Act. The commercialization of anime fanart occurs because fan artists do not understand this matter. Anime fanart is a work produced by fan artist’s creativity with their own style as an element of originality and differentiating them from the original creator and other fan artist’s work, but on the other hand, anime fanart used pre-existing anime characters as their fanart inspiration. Fanart as a work that has elements of originality but not completely original make commercializing anime fanart an act that does not violate the rules. The purpose of this study is to compare the commercialization of anime fanart regulation between Indonesia and Japan. This study uses a normative juridical research method with a comparative law approach and a statute approach. The result of this study indicates that the commercialization of anime fanart has been implicitly regulated in Indonesia Copyright Act, as well as in Japan Copyright Act. In addition, Law No. 28 of 2014 on Copyright and Japan Copyright Act, both categorized the commercialization of anime fanart as an act of copyright infringement.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128267397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-09-01DOI: 10.31328/wy.v5i2.3641
Andi Ainun Magfirah Ramadhani, M. Basri, M. Arisaputra
{"title":"Hibah Wasiat Atas Tanah Bekas Adat Berdasarkan Akta Hibah Wasiat Yang Dibuat Oleh Camat","authors":"Andi Ainun Magfirah Ramadhani, M. Basri, M. Arisaputra","doi":"10.31328/wy.v5i2.3641","DOIUrl":"https://doi.org/10.31328/wy.v5i2.3641","url":null,"abstract":"A testamentary grant on ex-customary land as an object of the dispute by looking at the Court's Decision which decided on a civil dispute case Number: 21/Pdt.G/2015/PN/BLK which in its decision rejected the plaintiff's claim that the ex-customary land belonged to him, because the defendant has proof of ownership, namely a will grant deed carried out by the Camat as PPATS. This study aims to analyze the strength of the proof of the will as the basis for land tenure and ownership, as well as to analyze the validity of ownership and control of ex-customary land rights based on the testament grant deed made by the sub-district head as PPATS. This study uses empirical research methods, by analyzing the data collected through interviews and literature study, then the collected data is analyzed using descriptive analysis techniques. The results of this study indicate that the testament grant deed in the case of the Civil dispute Number 21/Pdt.G/2015/PN/BLK does not have a basis of manufacture where the will grant deed does not have a certificate and is only made in front of the sub-district head as PPATS, further should have been canceled by the Bulukumba District Court because it was not following the procedure for making a will and the beneficiary","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132552379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-09-01DOI: 10.31328/wy.v5i2.3787
R. Silfiah, Z. Zulkarnain
{"title":"Perkembangan Delik Penodaan Agama Di Indonesia: Perspektif Historis Konstitusional","authors":"R. Silfiah, Z. Zulkarnain","doi":"10.31328/wy.v5i2.3787","DOIUrl":"https://doi.org/10.31328/wy.v5i2.3787","url":null,"abstract":"The blasphemy offense in Indonesia is a strategic offense to be discussed in detail, historically and constitutionally. In this case religion is protected by the state, and religion is a guideline in society, nation and state, so that the existence of religion becomes the spirit of the formation of this country. Religious life cannot be separated from the discussion of religious freedom which is part of human rights. Freedom of religion in Indonesia is based on the First Precept of Belief in the One Supreme God, where freedom is freedom based on the values of religion that live in Indonesia. One's religious freedom will be face to face with the religious rights of others, so it requires rules to maintain common order. These religions include Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism which have been mentioned in the explanation of the Presidential Decree Law No. 1/1965 on the abuse/blasphemy of religion, and submits Article 156a to be part of Article 156 of The Criminal Code. The research uses normative legal research methods with historical and case approaches. The essence of the blasphemy regulation is to regulate harmonious religious life. This article will discuss the state's protection of religion and religious life from a historical-constitutional perspective as well as cases of blasphemy against religion that have occurred. By knowing some of the cases that occurred, both blasphemy against religion in the form of hate speech and the destruction of houses of worship, it will be easy to analyze the causal factors and solutions that must be carried out by both the government and the community","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130226374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-09-01DOI: 10.31328/wy.v5i2.3504
Dedi Jaya, H. Disemadi
{"title":"Prospects of Trademark Registration To Recover The Economic of MSMEs Actors in Service Sector after The Pandemic","authors":"Dedi Jaya, H. Disemadi","doi":"10.31328/wy.v5i2.3504","DOIUrl":"https://doi.org/10.31328/wy.v5i2.3504","url":null,"abstract":"MSMEs are businesses that can be run by all people who want to start a business with small capital. Q, MSMEs have strategic role in building Indonesian economy. However, the growth of MSMEs is experiencing a slump due to COVID-19. On March 11, 2020, WHO as a legal world health organization declared the COVID-19 as a pandemic. MSMEs have become solution to increase the welfare of Indonesian citizen, since the issue of welfare itself is not an easy to realize. To support MSMEs in increasing the welfare, it is necessary for the government to take action in pushing MSME actors to registrate their trademarks as part of intellectual property which is very important in the economic recovery. Based on these problems, this study uses non-doctrinal research methods to examine trademark regulation in Indonesia, the awareness of MSME actors on the importance of trademark protection, and the relation of trademark registration as an effort to recover the MSME economy after the pandemic. The result of this study indicates that the regulation regarding trademark protection is contained in Indonesian Trademark & Geographical Indication Law. Additionally, the study reveals that there are several MSME actors who aware that a brand must be protected because it is an intellectual property, but there are also MSME actors who do not aware about this issue. In fact, the urgency of trademark registration is considered to be the part of efforts in recovering the economy of MSMEs after the COVID-19 pandemic, this is because after registering the trademark, it automatically has economic value.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128246739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-09-01DOI: 10.31328/wy.v5i2.3568
Sylvia Dwi Andini
{"title":"Universalisme Dan Relativisme Budaya Dalam Penegakan Ham Terhadap Kasus Kerangkeng Manusia Dan Perbudakan Modern","authors":"Sylvia Dwi Andini","doi":"10.31328/wy.v5i2.3568","DOIUrl":"https://doi.org/10.31328/wy.v5i2.3568","url":null,"abstract":"","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121642373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Widya YuridikaPub Date : 2022-09-01DOI: 10.31328/wy.v5i2.3543
Zainab Ompu Jainah, Cintya Dwi Meilita C
{"title":"Pembajakan Di Laut Yang Dilakukan Secara Bersama-Sama Di Provinsi Lampung","authors":"Zainab Ompu Jainah, Cintya Dwi Meilita C","doi":"10.31328/wy.v5i2.3543","DOIUrl":"https://doi.org/10.31328/wy.v5i2.3543","url":null,"abstract":"The crime of piracy at sea often causes losses for ship owners. The pirates even kidnapped the captain of the ship, the crew, and the ship did not escape their targets. This aims to extort the ship owners so that they give money in a certain nominal which causes these pirates to benefit. The problems found in this study are how the judges' basic considerations in making decisions against perpetrators of criminal acts participating in piracy at sea and what are the factors that cause perpetrators to commit criminal acts of participating in piracy at sea based on Decision Number 443/Pid.B/2021/ PN.Tjk? The results of this study are the basis for judges' considerations in making decisions against perpetrators of criminal acts of participating in piracy on the sea, namely legal facts that were revealed in court, both juridical and non-juridical aspects, while the factors that caused perpetrators to commit crimes were participating in piracy above. marine factors include educational factors, individual factors, economic factors, environmental factors, the low level of criminal sanctions imposed, and global development factors.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127214287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}