Nurul Fazri Elfikri
Faculty of Law, State University of Gorontalo, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Legal Certainty of Music Royalties in Commercial Public Spaces: Constitutional Court Decision No. 28/PUU-XXIII/2025 Muhammad Dwi Sakti Rahim; Dolot Alhasni Bakung; Nurul Fazri Elfikri
Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v2i1.389

Abstract

Ambiguous stipulations in the Indonesian Copyright Law regarding royalty liabilities have historically disadvantaged performing artists through double claiming. This normative legal research examines Constitutional Court Decision 28/PUU-XXIII/2025 utilizing statutory, conceptual, and case approaches to evaluate its profound impact on music royalty governance. The analysis demonstrates that the ruling decisively resolves normative uncertainty by attributing strict royalty liability directly to commercial event organizers, simultaneously mandating objective statutory tariff standardization. Nevertheless, the discussion reveals persistent structural impediments concerning post-ruling implementation within the creative economy. These cPagelenges encompass low legal compliance among commercial users due to inadequate socialization, jurisdictional dualism between national and sectoral collective management organizations, and profound transparency deficits within the digital music information system. Consequently, while this landmark judicial intervention successfully restores normative legal certainty and protects creators' fundamental economic rights, realizing substantive justice necessitates comprehensive administrative harmonization, advanced digital transparency, and sustained legal education to foster optimal industry compliance.
Settlement of Community Land Disputes Around The Dam Through Legal Approach and Local Wisdom Nirwan Junus; Nurul Fazri Elfikri; Karlin Z. Mamu; Reynaldi B. Ndeo
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14805

Abstract

The construction of Bulango Ulu Dam in Gorontalo province is a national strategic project aimed at raw water supply, irrigation, and flood control. However, in the process of construction, land rights disputes arose between the government and local communities. This dispute is triggered by differences in perceptions about the value of compensation, as well as the limited information received by the community regarding the status and boundaries of land affected by development, so that a comprehensive study of the appropriate dispute resolution mechanism is needed. This study aims to examine the concept of land dispute resolution in general and analyze the process of land dispute resolution that occurs around the construction of the Bulango Ulu Dam. This study uses the method of Empirical Legal Research (socio-legal research), which is a method that combines normative study of legislation with factual data obtained in the field. Data collection was carried out through direct observation at affected dam construction sites, in-depth interviews with land owners or tenants, as well as agencies related to the land acquisition process, then analyzed in a descriptive qualitative manner. The results showed that the concept of land dispute resolution emphasizes a multidimensional approach that integrates legal certainty, community participation, and social justice principles. Settlement is carried out through comprehensive legal mechanisms, both non-litigation such as mediation and deliberation, as well as litigation through courts or arbitration, with the strategic role of the National Land Agency (BPN) in the prevention and handling of cases. In this Bulango Ulu Dam conflict, the settlement steps include inventory and identification of land by BPN to determine the legal status and basis for compensation, socialization to explain the rights, obligations, and procedures for land acquisition, as well as deliberation to reach a fair agreement and accepted by all parties. This deliberative approach reflects the values of local wisdom such as togetherness, consensus, and respect for the rights of indigenous peoples, so as to provide a more participatory solution, and accepted by the community.