JURNAL LEGALITAS最新文献_第3页

Protection of Video Copyrights on the Youtube Platform in Fair Use Principles 合理使用原则下Youtube平台视频版权的保护

JURNAL LEGALITAS Pub Date : 2022-10-16 DOI: 10.33756/jelta.v15i2.15448

Nathania Abigail Hanson, R. Permata, T. S. Ramli

{"title":"Protection of Video Copyrights on the Youtube Platform in Fair Use Principles","authors":"Nathania Abigail Hanson, R. Permata, T. S. Ramli","doi":"10.33756/jelta.v15i2.15448","DOIUrl":"https://doi.org/10.33756/jelta.v15i2.15448","url":null,"abstract":"In copyright, there are two exclusive rights, namely economic and moral rights, and these two rights are not owned by the creator or copyright holder because there is a principle called the Fair Use Principle. Video copyright is one of the objects of copyright protection in digital media whose existence is in great demand by various circles of society because it is easy to access gadgets and internet networks. One of the platforms that are often used to upload, watch, and share videos is Youtube. The specification of this research is Legal Research using a normative juridical approach and data collection techniques utilizing a literature study, then analyzed in a qualitative normative manner. The results of this study are on the Youtube Platform. Several channels re-upload video copyrighted works that do not belong to them without permission, even if those channels do not include the source, and monetization is carried out so that it is for commercial purposes. It is not following Fair Use principles and the Youtube platform as an organizer. The electronic system, of course, also has responsibility for violations that occur on its Platform, which in this case is the occurrence of copyright infringement","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129290306","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}

引用次数: 0

Sociology Of Law And The Effectivity Of Asean To Prevent Human Security Issues In The Region 法社会学与东盟预防区域人类安全问题的有效性

JURNAL LEGALITAS Pub Date : 2022-07-25 DOI: 10.33756/jelta.v15i1.15349

Triana Dewi Seroja, Ninne Zahara Silviani

引用次数: 0

The Phenomenon Of Increasing Division During The Covid-19 Pandemic At Gorontalo Religious Court 新冠肺炎疫情期间哥伦塔洛宗教法院分裂加剧的现象

JURNAL LEGALITAS Pub Date : 2022-07-20 DOI: 10.33756/jelta.v15i1.14800

Sri Nanang Meiske Kamba

{"title":"The Phenomenon Of Increasing Division During The Covid-19 Pandemic At Gorontalo Religious Court","authors":"Sri Nanang Meiske Kamba","doi":"10.33756/jelta.v15i1.14800","DOIUrl":"https://doi.org/10.33756/jelta.v15i1.14800","url":null,"abstract":"The rate of divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court has increased significantly compared to talak cases submitted to husbands to their wives. The problems in this study are 1) What are the factors causing the increase in divorce during the Covid 19 pandemic? Moreover, 2) What are the legal consequences of increasing divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court. The purpose of this study was to identify the causes of the increase in divorce lawsuits at the Gorontalo Religious Court during the Covid-19 pandemic. The type of approach used in this research is the legislation (Statute Approach) and the case approach (Cases Approach). Methods of collecting data using Library Research and analysis with legal interpretation. The results showed that the factors causing the increase in divorce cases during the COVID-19 pandemic in the Religious Courts were due to economic factors, continuous quarrels, third parties, and domestic violence. The issue of divorce in Law Number 1 of 1974 in principle adheres to the principle of complicated divorce as regulated in Article 39 paragraph 1. Furthermore, based on Article 114 of the Compilation of Islamic Law (\"KHI\"), the termination of the marriage bond due to divorce can be caused by divorce from the husband or a lawsuit from the wife. This divorce gives rise to legal consequences caused by a lawsuit, among others; (a) strained relationships between family members; (b) child care; and (c) the distribution of joint property .","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"os-37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127777673","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}

引用次数: 3

Application Of The Principle Of Equality Before The Law To Law Enforcement For The Realization Of Justice In Society 法律面前人人平等原则在执法中的运用，实现社会公正

JURNAL LEGALITAS Pub Date : 2022-07-13 DOI: 10.33756/jelta.v15i1.14772

Wira Purwadi, Mohamad Ali Akbar Djafar, Gilang Fatirah Densi, Anika Zaitun Tumiwa, Arum Salsabila Yieputri Langkamane

引用次数: 1

Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law 数字法视角下公众人物网络骚扰的解决

JURNAL LEGALITAS Pub Date : 2022-07-06 DOI: 10.33756/jelta.v15i1.14162

Ottow Wijanarto Tiop Ganda Pura Siagian

{"title":"Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law","authors":"Ottow Wijanarto Tiop Ganda Pura Siagian","doi":"10.33756/jelta.v15i1.14162","DOIUrl":"https://doi.org/10.33756/jelta.v15i1.14162","url":null,"abstract":"The purpose of this study is to examine the settlement mechanism of Cyber Harassment experienced by public figures considering that in this disruptive era of technology, more and more cases like this have emerged. The research approach method used is the statute approach and the case approach. The study results are that the settlement of cyber harassment disputes against public figures can be resolved through litigation and non-litigation mechanisms. It is possible to settle through this litigation route, even though, in substance, the legal regulations regarding cyber harassment have not been described concretely in positive law in Indonesia, departing from the understanding that there is a principle of Ius curia Novit. The legal consequence is that judges are prohibited from objecting, let alone refusing a case submitted by the community and having an obligation to examine and try and give legal decisions on these legal issues. The next option apart from litigation is the non-litigation route. The author concludes that in resolving Cyber Harassment disputes against public figures if you choose a non-litigation way to be resolved, an alternative form of dispute resolution that can be used and is considered more suitable as a media for dispute resolution is mediation. Suggestion, To the Indonesian people in general and public figures in particular, must be brave to fight for their rights and make complaints or reports to the authorities so that losses arising from violations of their constitutional rights can be recovered. Through its power tools, the state can guarantee legal protection to victims while simultaneously providing a deterrent effect to the perpetrators to realize order and security in the life of society, nation, and state.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129721696","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}

引用次数: 0

Legal Studies Regarding Pornography On Live Streaming Through Social Media In The Era Of Digital Disruption 数字颠覆时代社交媒体直播色情内容的法律研究

JURNAL LEGALITAS Pub Date : 2022-05-07 DOI: 10.33756/jelta.v15i1.13920

Farra Shalma Tanaya, Adrian E. Rompis, Laina Rafianti

{"title":"Legal Studies Regarding Pornography On Live Streaming Through Social Media In The Era Of Digital Disruption","authors":"Farra Shalma Tanaya, Adrian E. Rompis, Laina Rafianti","doi":"10.33756/jelta.v15i1.13920","DOIUrl":"https://doi.org/10.33756/jelta.v15i1.13920","url":null,"abstract":"Technology in human life lately is increasingly needed and continues to develop. One form of development that occurs is the emergence of the Live Streaming feature. This feature appears on various social media platforms. There are even new applications that are intended to do Live Broadcasting — unfortunately, not only positive things that emerged due to this development. There have been several cybercrimes (cyber laws) that have negatively influenced internet users. Among them is the emergence of internet pornography. There is much Live Streaming that contains pornography in Live Broadcasting applications. The approach method used in this research is normative juridical, by examining the literature and reviewing positive law, which relates to the Law of Technology, Information and Electronic Transactions, and the Law of Pornography. This research will study the most appropriate way to regulate how Live Streaming containing pornography is viewed from Law Number 11 of 2008 jo. Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE act) and Law Number 44 of 2008 concerning Pornography (Pornography act) and actions that the Government can take to minimize pornographic content on Live Streaming on social media in Indonesia.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116269337","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}

引用次数: 1

Deconstruction of Bapemperda's Functions in Improving the Effectiveness of Establishing Regional Regulations 解构巴佩珀达在提高区域法规制定有效性中的作用

JURNAL LEGALITAS Pub Date : 2022-04-29 DOI: 10.33756/jelta.v15i1.12242

Abdul Wahab Podungge, Robby Hunawa, Adhayani Mentari Paramata Paramata, Muten Nuna

{"title":"Deconstruction of Bapemperda's Functions in Improving the Effectiveness of Establishing Regional Regulations","authors":"Abdul Wahab Podungge, Robby Hunawa, Adhayani Mentari Paramata Paramata, Muten Nuna","doi":"10.33756/jelta.v15i1.12242","DOIUrl":"https://doi.org/10.33756/jelta.v15i1.12242","url":null,"abstract":"This article aims to analyze the function of Bapemperda in increasing the effectiveness of the formation of Regional Regulations in the Bone Bolango Regency. The Regional Regulations Formation Agency (Bapemperda) of the Bone Bolango DPRD is one of the council's equipments for forming regional regulations. The type of research used in this article is empirical normative, which combines a normative legal approach with the addition of various elements of empirical studies. The results show that the implications of political intervention sometimes affect the issues and local regulations issued and do not represent the community's interests but are dominated by political interests. Ideally, local regulations must be responsive and meet usual policy standards that at the implementation level can be used and can answer problems that develop in the community. Human resources have an essential role in an organization, such as the rapid development of information technology, globalization, and changes in the world of positions and work, and are tied to the existing system. Members of Bapemperda and local governments play a role in forming regional regulations and other policy designs. To increase the effectiveness of the formation of Regional Regulations, it is necessary to have a relationship between human resources and the objectives that apply to Bapemperda itself. The researcher then offers a prototype product called CIS-Approach, a development concept from the results of the research and data analysis of the previous authors, which is expected to be a consideration for the government in formulating regional regulatory policies. CIS-Approach indicators are: 1) human resources with the system; 2) human resources with the issue; 3) human resources with regulations.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127714052","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}

引用次数: 0

Legal Strength of Consumer Financing Principal Agreements Post The Decision of the Constitutional Court No. 18/puu-xvii/2019 第18/puu-xvii/2019号宪法法院判决后消费者融资主体协议的法律效力

JURNAL LEGALITAS Pub Date : 2021-12-28 DOI: 10.33756/jelta.v14i2.10482

N. Nasrullah

{"title":"Legal Strength of Consumer Financing Principal Agreements Post The Decision of the Constitutional Court No. 18/puu-xvii/2019","authors":"N. Nasrullah","doi":"10.33756/jelta.v14i2.10482","DOIUrl":"https://doi.org/10.33756/jelta.v14i2.10482","url":null,"abstract":"After the Constitutional Court Decision No. 18/PUU-XVII/2019, fiduciary certificates no longer have direct executive power and the determination of promise injuries is not determined unilaterally by financing creditors but based on agreements between creditors and debtors. This certainly has an impact on fulfilling the rights of business actors (creditors) and ignoring binding powers on the principal financing agreement and fiduciary certificate. The purpose of this study is to find out whether the Constitutional Court Decision No. 18 / PUU-XVII / 2019 is contrary to the main agreement of consumer financing, and How the legal strength of the consumer financing agreement after The Constitutional Court Decision No. 18 / PUU-XVII / 2019. The type of research used is a type of normative research with a focus on the statutory approach and the conceptual approach. The results of the study explained that the principal agreement of consumer financing with The Decree no. 18 / PUU-XVII / 2019 there is a conflict (conflict) but only a pseudo conflict (not a textual conflict) because in terms of intent and purpose there is no conflict, but potentially less balance the legal interests of business actors. Constitutional Court Decision No. 18/PUU-XVII/2019 has destabilized the existence of the deed of the principal financing agreement. The minimum limit of proof of the principal financing agreement is not perfect and no longer binding as the law for both parties and the deterioration of the evidentiary value of the deed of the principal agreement and the legal strength of the fiduciary certificate and the principal financing agreement is in the determination of the court. There need to be regulations that regulate sanctions if consumers deliberately delay their obligations to pay credit installments and the need for the participation of community institutions, business actors, and including the government to socialize.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"186 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124931226","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}

引用次数: 0

Assessing The Protection Of Women's Rights In The Perspective Of Feminism During The Covid-19 Pandemic 新冠肺炎大流行期间女权主义视角下的妇女权利保护评估

JURNAL LEGALITAS Pub Date : 2021-12-23 DOI: 10.33756/jelta.v14i2.10342

SiciliyaMardian Yoel

{"title":"Assessing The Protection Of Women's Rights In The Perspective Of Feminism During The Covid-19 Pandemic","authors":"SiciliyaMardian Yoel","doi":"10.33756/jelta.v14i2.10342","DOIUrl":"https://doi.org/10.33756/jelta.v14i2.10342","url":null,"abstract":"This study aims to identify the laws and regulations that regulate women's human rights and analyze them using them to determine the effectiveness of these laws and regulations in protecting women's human rights during the pandemic. The research was conducted using normative legal research methods using a conceptual approach and a statutory approach. The collection of legal materials is carried out using a literature study and the legal materials will be analyzed using Feminist Legal Theory. The results of the study show that there are several women's human rights that have been regulated in Indonesian laws and regulations, including: (1) The right to be free from gender discrimination (UU HAM); (2) The right to justice and gender equality (UU HAM, UU PKDRT); (3) The right to get protection as a victim (UU PKDRT); (4) The right to recognition and respect for human rights in all matters relating to citizens (UU Kewarganegaraan); (5) The right to be free from racial discrimination (UU PTPPO); (6) Political Rights (UU Parpol, UU Pemilu); and (7) The right to be free from discriminatory treatment against a social group that is still underdeveloped (UU Parpol, UU Pemilu). With regard to these laws and regulations, by focusing only on aspects of legal protection, namely protection against violence (both physical and sexual) against women, it shows that the existing legal umbrella is not effective enough to protect women. This is because the existence of laws and regulations alone cannot guarantee the implementation of women's human rights. Legislation must be followed by gendersensitive law enforcement and no less important is a cultural change in society.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129424736","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}

引用次数: 0

Comparison Of Judicial Review: A Critical Approach To The Model In Several Countries 司法审查的比较:对各国司法审查模式的批判

JURNAL LEGALITAS Pub Date : 2021-10-31 DOI: 10.33756/jelta.v14i2.11809

A. Wijaya, Nasran Nasran

{"title":"Comparison Of Judicial Review: A Critical Approach To The Model In Several Countries","authors":"A. Wijaya, Nasran Nasran","doi":"10.33756/jelta.v14i2.11809","DOIUrl":"https://doi.org/10.33756/jelta.v14i2.11809","url":null,"abstract":"The purpose of this study is to analyze the comparative model of judicial review in Indonesia and other countries. This research uses normative legal research. The approaches used by researchers in compiling this research are, among others: the legal approach; historical approach; and comparative approach. The results of this study indicate that in principle the constitutional review system in several countries shows a variety of color gradations that are tailored to the needs of each country. In general, there are 3 (three) constitutionality testing mechanisms that have been developed to date, namely: First, the constitutionality testing of laws is carried out by existing judicial institutions or non-special adjudication, namely the Supreme Court. The country that adopts this system is the United States of America. Second, the constitutionality test of the law is carried out by a special judicial institution, namely the Constitutional Court. Countries that have adopted this system are Indonesia, Germany, South Korea, South Africa, Russia, Thailand and Turkey. The constitutionality of the law is examined by non-judicial institutions. The country that adopted this system is France.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117332041","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}

引用次数: 28