Zeehan Fuad Attamimi, Amalina Ahmad Tajudin, Fadhil Umar
{"title":"The Role of Music Aggregator Distribution Toward Music Performers in View of the Three Pillars of the Copyright System","authors":"Zeehan Fuad Attamimi, Amalina Ahmad Tajudin, Fadhil Umar","doi":"10.15294/jllr.vol5i1.2201","DOIUrl":"https://doi.org/10.15294/jllr.vol5i1.2201","url":null,"abstract":"One of the works of art that is closely related to human life and economic value is music. The existence of music and songs include the scope of intellectual property copyright section. Copyright arises automatically to get protection and has economic value for its creator. Music actors, in this case the creator, can publish the results of their creativity more quickly to the general public through Music Aggregator. This becomes a commercial digital service provider in the form of a digital streaming plaform by distributing music that can be accessed anywhere and by anyone. This approach seeks to review the role of Music Aggregators in carrying out the distribution of music to the music performers in terms of the three pillars of the copyright system, namely by reviewing legislation number 28 of 2014 concerning copyright. In this case, as government support in making regulations that guarantee the rights of creators and legal protection of the works produced, it has been fulfilled but not fully because there is no specifically regulated copyright protection on digital platforms (Regulation). Infringement of musical copyright works on digital streaming platforms needs to be addressed through effective and efficient law enforcement, employing both litigation and non-litigation processes (Law Enforcement). The National Collective Management Institute, authorized to oversee the commercialized management of musical copyright works by Music Aggregators, play an important role in optimizing the function of royalty management. This involves facilitating the relationship between Music Actors as copyright holders and Music Aggregators as copyright users (Management).","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":"522 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140471648","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}
{"title":"Measuring Ex Officio Judge Rights and Application of the Ultra Petitum Partium Principle in Deciding Cases in Religious Courts","authors":"Moh Ali","doi":"10.15294/jllr.vol5i1.2314","DOIUrl":"https://doi.org/10.15294/jllr.vol5i1.2314","url":null,"abstract":"The judge carries out the authority to try based on independent judicial power. Judges in examining cases are guided by, among other things, two things: making decisions based on applicable laws and regulations and being obliged to explore the values that live in society. The procedural law of the religious courts also originates from the civil procedural law, which applies to general courts. One of the distinctive characteristics of civil cases is the judge's restriction not to grant the petitum of a lawsuit that was not requested by the plaintiff (ultra petitum partium). The threat to the ban on the use of the ultra petitum partium principle is that the decision is declared null and void. On the other hand, in practice, judges at religious courts often use ex officio rights to decide something that was not requested by the plaintiff, not even limited to that; instead, the judge adds a ruling that benefits the defendant. This often occurs in examinations of cases of marital dissolution filed by the husband (cerai talak) or by the wife (cerai gugat), and in some cases, it also occurs in claims for the division of joint assets in a marriage. The judge's consideration of using ex officio rights and going beyond ultra petitum partium is to provide balance in court decisions. In addition, it is also based on the concepts of justice and benefit. The application of ex officio rights by judges needs to be explained in laws and regulations. This is to guarantee legal certainty and the understanding of judges and justice seekers so that limiting the use of rights officio, does not conflict with the principle of ultra petitum partium.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":"330 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140473274","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}
{"title":"Reformulation of Commercial Court Authority Regulations Relation to the Arbitration Clause","authors":"Huzaimah Al-Anshori, Emi Puasa Handayani, Gautam Kumar Jha","doi":"10.15294/jllr.vol5i1.2144","DOIUrl":"https://doi.org/10.15294/jllr.vol5i1.2144","url":null,"abstract":"The issue of jurisdiction in dispute resolution within the Commercial Court arises when the contract designates an arbitration clause as the preferred mechanism for resolving disputes. In the contractual agreement between PT. Swadaya Graha and PT. Rayon Utama Makmur (RUM), the chosen forum for dispute resolution is stipulated to be the National Arbitration Board (BANI). However, concurrently, there is a proposal for dispute resolution within the Commercial Court framework concerning defaulted debt and receivable disputes in PKPU case number 45/Pdt.Sus-PKPU/2020/PN Niaga Smg. This has engendered a legal debate centring on the application of the \"lex specialist derogat legi general\" principle among the Arbitration Law, the Bankruptcy Law, and PKPU, with regard to the absolute jurisdiction of institutions authorized to examine, decide, and adjudicate incidents of defaulted debt and receivable disputes within the legal relationship between the PKPU Petitioner and the Respondent. The PKPU process is structured within a contract that includes an arbitration clause as the designated dispute resolution mechanism. Given the complications and hurdles posed by these issues, there is a pressing need for legal certainty in the future. Furthermore, there has been a conflict of norms between the Arbitration Law the Bankruptcy Law and PKPU, as evidenced in PKPU case number 45/Pdt.Sus-PKPU/2020/PN Niaga Smg. Hence, a reformulation of the Bankruptcy Law and PKPU regulations is essential to harmonize them with evolving norms and address emerging issues. A vital aspect of this reformulation involves the potential removal or replacement of Article 303 of the Bankruptcy Law and PKPU.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":"352 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140474475","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}
Asmarani Ramli, D. Heriyanto, Fezer Tamas, Dian Latifiani
{"title":"The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment","authors":"Asmarani Ramli, D. Heriyanto, Fezer Tamas, Dian Latifiani","doi":"10.15294/jllr.vol5i1.2089","DOIUrl":"https://doi.org/10.15294/jllr.vol5i1.2089","url":null,"abstract":"The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":"486 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140476843","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}
{"title":"Legal Reformulation of Derivative Action Regulations for Protection of Minority Shareholders in Indonesia: Comparative Study of Indonesia and Australia","authors":"Heni Rosida, Briliantina Putri","doi":"10.15294/jllr.v4i3.68087","DOIUrl":"https://doi.org/10.15294/jllr.v4i3.68087","url":null,"abstract":"Arrangements related to legal protection for minority shareholders regulated in Law no. 40 of 2007 concerning Limited Liability Companies (hereinafter referred to as UUPT) still found limitations both in filing rights to sue, objections, and implementation of derivative actions in terms of arrangements regarding the protection of minority shareholders due to a corporate action or certain decisions that take refuge behind the legality of the validity of the General Meeting Shareholders (GMS) whose enactment is heavily influenced by the interests of the majority shareholders. The existing arrangements are felt to be far from justice for minority shareholders. This study will examine whether the Derivative Action arrangements contained in the Company Law as a legal umbrella in providing protection for minority shareholders are adequate and how the legal systems are compared with regard to Derivative Action arrangements in Indonesia and Australia. The purpose of this study is to find out to what extent the Derivative Action regulations contained in the Company Law can protect minority shareholders and to compare the legal systems between the two countries as input and consideration for corrections and improvements to the national legal system. This research uses a type of normative research with a statutory approach and a comparative approach. The results of this legal research found certain aspects of the Australian Corporation Law which can provide a sense of justice and legal certainty as legal benefits for minority shareholders which can be used as legal reformulations in Indonesia. \u0000 ","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47959977","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}
{"title":"Civil Law in Indonesia and Russia: Easy and Affordable Access to Legal Aid","authors":"Margareth Theresia, Septhian Eka Adiyatma, R.A. Nidha Nadia","doi":"10.15294/jllr.v4i2.68099","DOIUrl":"https://doi.org/10.15294/jllr.v4i2.68099","url":null,"abstract":"One of the most familiar legal systems in the world are the civil law system and common law system. The difference in characteristics between the two is an interesting discussion that is often undertaken. Research conducted on the characteristics of a legal system aims to obtain good legal institutions to regulate society. The implementation of the legal system in each country is strongly influenced by the historical developments and formation of that country. The two countries that we are interested in studying are Indonesia and Russia, as a material for comparison in terms of legal regulations, specifically in the legal aid process for their respective citizens. As a continental European adhering country, or commonly known as a civil law system, Indonesia prioritizes laws that come from formal legal sources such as laws and regulations, customs, and jurisprudence. Legal comparisons relating to legal aid in two different countries are very interesting because based on the history of the formation of the Indonesian state and the Russian state, there is a significant difference. As the two countries were colonies, they produced regulations that followed the countries that colonized them. However, the Russian state differs from the Indonesian state in that it also participated in colonizing other countries.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43865939","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}
M. Masyhuri, Ahsana Nadiyya, Gresika Bunga Sylvana
{"title":"The Urgency of Regulating Resale Royalty Right on Painting Copyrights in Indonesia (Comparative Study of Germany and Australia)","authors":"M. Masyhuri, Ahsana Nadiyya, Gresika Bunga Sylvana","doi":"10.15294/jllr.v4i2.68103","DOIUrl":"https://doi.org/10.15294/jllr.v4i2.68103","url":null,"abstract":"The Berne Convention includes provisions for resale royalty rights, which have been adopted by countries worldwide. However, Indonesia has yet to establish a framework for resale royalty rights, leading to suboptimal protection of economic rights for creators of painting works. This study aims to analyze the regulation of economic rights for the resale of painting works under Copyright Law in Indonesia, Germany, and Australia. Additionally, it seeks to identify the urgency of implementing royalty rights resale in the Indonesian Copyright Law. The research utilizes a normative legal approach with a statutory and comparative focus. The findings indicate that Indonesia currently lacks specific regulations for royalty rights resale within its Copyright Law. In contrast, Germany and Australia have incorporated the resale royalty right provisions of the Berne Convention into their respective Urheberrechtsgesetz 1965 and Resale Royalty Right for Visual Artist Act 2009. The creators of painting works deserve royalty rights on the resale of their works to enhance their well-being and secure benefits for their heirs. Therefore, it is crucial for Indonesia to adopt legal practices regarding royalty rights resale based on the experiences of Germany and Australia. Recognizing the advantages of implementing royalty rights resale, it becomes evident that such regulations are essential in Indonesia. To protect the economic rights of creators of painting works adequately, Indonesia should consider incorporating provisions for royalty rights resale in its copyright law reform. This will not only strengthen the legal protection of creators but also promote the growth of the artistic community in the country.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44697207","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}
{"title":"Criminalization of Pedophilia in Indonesia: A Legal Reform to Protect Children (Comparative Case of Indonesian and India)","authors":"Fadila Zennifa, Mohd Rusli, Indah Maryani","doi":"10.15294/jllr.v4i2.68089","DOIUrl":"https://doi.org/10.15294/jllr.v4i2.68089","url":null,"abstract":"The term pedophilia was coined by the American Psychiatric Association (APA), pedophilia is listed in the Diagnostic and Statistical Manual of Mental Disorder (DSM-5) as a mental disorder class of paraphilia a sexual attraction to an object or subject that is not natural. Pedophilia as a psychosexual disorder i.e. individuals with abnormal erotic desire in children. The purpose of this study is to compare the regulation of child protection from pedophilia crimes in Indonesia and India and its prevention so that it can be a reference in Indonesian legal reform. The type of research used in this study is normative research. The results showed that from a legal point of view there is no specific regulation regarding pedophilia crimes, but pedophilia crimes are associated in the form of sexual abuse in children to sexual violence in children. In terms of legislation, India has established a special law on the protection of children from sexual offenses, namely the Protection of Children from Sexual Offenses Act in 2012 (POCSO), in Indonesia has also been passed Law No. 1 of 2022 concerning Sexual Violence. Pedophilia as a psychiatric disorder, so it must be viewed not only as a crime but also a disease that must be cured therefore for the prevention of pedophilia a medical role is needed as in India there is a Program For Primary Prevention of Sexual Violence (PPPSV) that can be accessed for those who feel they have a sexual interest in children","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48484697","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}
{"title":"Changes to the Term of Office of Constitutional Justices in Law Number 7 of 2020 concerning the Constitutional Court: Discourse on Legal Reform in the Independence of Judicial Power in Indonesia","authors":"Safitri Yosita Ratri, Muhammad Wahyu Saiful Huda","doi":"10.15294/jllr.v4i3.68100","DOIUrl":"https://doi.org/10.15294/jllr.v4i3.68100","url":null,"abstract":"Indonesia is a rule-of-law country certainly in every activity regulated by law. including government positions. In 2020, the Indonesian government has issued Law Number 7 of 2020 concerning the Constitutional Court. However, this law has various problems both formally and materially. One of the highlights is the extension of the term of office of the Constitutional Court which was originally 5 years to a maximum of 15 years. This drastic change certainly makes the Indonesian people astonished. And many have submitted requests for review of the law to the Constitutional Court, because extending the term of office could violate the constitutional rights of the people who wish to also serve as Constitutional Justices, causing a loss of sense of legal justice. Therefore, the writer wants to analyze this problem by using the normative juridical method. And will compare it with several countries in order to get the right analysis. In this study, it was found that the extension of the term of office was too long and had the potential to be an act of abuse of power.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44674806","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}
{"title":"Strengthening Constitutional Complaint Authority: Enhancing Citizens' Constitutional Rights Protection in Indonesia","authors":"A. Holish, Aulia Maharani","doi":"10.15294/jllr.v4i3.68129","DOIUrl":"https://doi.org/10.15294/jllr.v4i3.68129","url":null,"abstract":"Constitutional complaint serves as a vital self-defense mechanism for citizens in safeguarding their constitutional rights against the actions of state authorities. The role of the Constitutional Court in upholding the constitution and protecting citizens’ rights is of paramount importance. However, certain challenges have arisen due to the absence of a mechanism to address state administrators’ actions that violate citizens’ constitutional rights, the lack of a defined framework for constitutional complaints within the Constitutional Court’s jurisdiction, and the limited application of the constitutional complaint law in Indonesia. Consequently, this article examines the urgency of expanding the Constitutional Court’s authority to hear constitutional complaints as a important legal reform in Indonesia. Employing normative and conceptual study methods, as well as a statute approach, this paper explores the concept of constitutional complaints as a means to strengthen citizens’ constitutional rights protection. The ultimate goal is to guide the Constitutional Court towards a more explicit and effective constitutional complaint mechanism during its review of laws, thereby providing optimal safeguards for citizens’ constitutional rights.","PeriodicalId":33754,"journal":{"name":"Journal of Law and Legal Reform","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45211027","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}