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All Journal Zaaken: Journal of Civil and Business Law
Zulfa Aulia, M.
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Law, Crime, Criminology & Criminal Justice

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Pembatasan Jangka Waktu Jual Putus (Sold Flat) Hak Cipta Dalam Perspektif Peraturan Perundang-Undangan Zahira, Ramadhanti; Yahya, Taufik; Zulfa Aulia, M.
Zaaken: Journal of Civil and Business Law Vol. 7 No. 1 (2026): Februari 2026
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v7i1.45918

Abstract

The objective of this research is to examine and analyze the regulation of sold flat of copyright from the perspective of the Copyright Law (Undang-Undang Hak Cipta/UUHC) and to understand sold flat in relation to the principles of contract law. This study employs a normative juridical method with a statutory approach (normative approach), conceptual approach, and case approach. The findings indicate that regulation of sold flat is only recognized under Law No. 28 of 2014 and is reinforced by Constitutional Court Decision No. 63/PUU-XIX/2021. This regulation is considered important, as creators invest significant effort and resources into their copyrighted works. However, the sold flat arrangement contradicts Article 1381 of the Civil Code (KUHPer). From the perspective of civil contract law, sold flat agreements tend to disregard the principles of freedom of contract and balance. Ideally, such agreements should be based on the principle of freedom of contract, allowing parties to define terms and time limits, and the principle of balance to ensure no party is harmed. Other relevant principles include pacta sunt servanda, consensual and real agreement, and good faith. It is recommended that the legislature revise Articles 18 and 30 of Law No. 28 of 2014, replacing the term “Sold Flat” with “Copyright Sale and Purchased Agreement”.
Penyelesaian Sengketa pada Merek yang Telah Dialihkan: Studi Kasus Merek Denza Prasojo, Andreas; Zulfa Aulia, M.; Windarto, Windarto
Zaaken: Journal of Civil and Business Law Vol. 7 No. 2 (2026): Juni 2026 (On Progress)
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v7i2.53900

Abstract

This research concerns the resolution of the Denza trademark dispute that has been transferred in the case of BYD vs. PT. Worcas. This research aims to analyze the impact of the transfer of Denza trademark rights based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Indonesia after the transfer of trademark rights. The problem formulation includes a legal analysis of the dispute reviewed based on Indonesian trademark law and the legal implications of the transfer of trademark rights. The research method uses a normative juridical approach with a study of primary legal materials of the Law on Trademarks and secondary materials from IPR literature. The results of this research are first, that the transfer of rights has been recorded in the DJKI and is constitutive, second, the court determined that the lawsuit was an error in persona which caused a formal defect in the lawsuit. With the transfer of rights, the lawsuit was rejected due to an error in persona, making it difficult for multinational companies to register their trademarks in Indonesia. The government should also strengthen the mechanism for recognizing well-known trademarks to prevent trademark squatting.
Co-Authors Prasojo, Andreas Taufik Yahya Windarto, Windarto Zahira, Ramadhanti