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All Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Jarkasi Anwar
Sultan Ageng Tirtayasa University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan terhadap Pencipta atas Penggunaan Judul Lagu Bertaut Karya Nadin Amizah sebagai Judul Film Bertaut Rindu Khansa Nailah Ramadhini; Anne Gunawati; Jarkasi Anwar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/an2f7s09

Abstract

The development of the music and film industry in Indonesia shows the relationship between one creative work and another. This raises a problem, especially the use of the song title Bertaut by Nadin Amizah as the title of the film Bertaut Rindu. This problem is related to copyright protection, as regulated in Law Number 28 of 2014 concerning Copyright. This study will examine two problems, namely how the creator's legal protection for the use of the song title Bertaut which is used without permission as the title of the film Bertaut Rindu based on the Copyright Law and how the production house Sinemart is responsible for the use of the film title Bertaut Rindu based on the Copyright Law using two theories of legal protection and the theory of responsibility with normative juridical research methods, through a statute approach and a case study. The data used consists of primary data and secondary data obtained through literature studies and document and field studies, then analyzed qualitatively. The results of the research are that Nadin Amizah does not allow the title of Bertaut's song to be used as the title of the film Bertaut Rindu even though the word Bertaut is found in the KBBI. However, Nadin Amizah wants the song Bertaut to be used in Nadin Amizah's film, which is in Article 5 of the UUHC regarding the moral rights of protection and can be achieved through a warning or summons in Article 95 of the UUHC.
Analisis Yuridis Penyelesaian Sengketa Hak Merek “M6” Antara BMW dan BYD dalam Industri Otomotif (Studi Putusan: Nomor 19/Pdt.Sus-HKI-Merek/2025/PN Niaga Jkt.Pst) Annisa Fazriani; Anne Gunawati; Jarkasi Anwar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/6az9qp30

Abstract

The increasing competition in the global automotive industry has led to potential trademark disputes, one of which is the M6 trademark dispute between BMW and BYD. This study aims to analyze the judges’ legal considerations in Decision Number 19/Pdt.Sus-HKI/Merek/2025/PN Niaga Jkt.Pst and the legal consequences of the decision on the registration of the BYD trademark under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses a normative juridical method by utilizing primary, secondary, and tertiary legal materials collected through library and field research. The results show that the judges’ considerations mainly emphasized formal aspects and did not optimally consider the first to file principle, similarity in essence, and indications of bad faith. The panel of judges also failed to integrate international legal provisions such as the Paris Convention and the TRIPs Agreement in providing protection for well-known trademarks. The decision declaring the lawsuit inadmissible resulted in the substantive issues not being examined, thereby creating legal uncertainty. This condition affects the protection of the exclusive rights of registered trademark owners and indicates that legal protection in resolving trademark disputes has not been effectively implemented.
Co-Authors Anne Gunawati Annisa Fazriani Khansa Nailah Ramadhini