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All Journal Jurnal Notariil LamLaj
Suherman Suherman
Universitas Pembangunan Nasional Veteran Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Standard Terms on the TikTok Digital Platform Regarding the Revocation of Live Streaming Access Under the Consumer Protection Act Rendika Purnama; Suherman Suherman
NOTARIIL Jurnal Kenotariatan Vol. 11 No. 1 (2026)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.11.1.2026.68-78

Abstract

This study aims to analyze the standard clauses in TikTok’s Terms of Service and the platform’s liability regarding the restriction of live streaming access during the events of August 31, 2025, from the perspective of consumer protection law in Indonesia. This study employs a normative legal method using a statutory approach and a case-based approach, and is analyzed descriptively and qualitatively based on primary and secondary legal sources. The results of the study indicate that the standard clauses in TikTok’s Terms of Service tend to grant unilateral authority to the platform, particularly regarding service restrictions and limitations of liability. These clauses potentially conflict with the Consumer Protection Law, the principle of good faith under the Civil Code, and the obligations of electronic system operators to ensure service reliability. The incident of live streaming termination without adequate notice highlights a gap between applicable legal provisions and on-the-ground practices. The study’s conclusion reaffirms that digital platforms retain legal liability for policies that harm users, and standard clauses cannot be used to evade such obligations. This research is expected to strengthen consumer protection within the digital ecosystem.
The First-to-File Principle and the Principle of Good Faith in Disputes Over Well-Known Trademarks for Non-Similar Goods (Case Study: Decision No. 2/Pdt.Sus-HKI/Merek/2023/PN Niaga MDN and Supreme Court Decision No.859K/Pdt.Sus-HKI/2024) Mohammad Akmal Taris Hakim; Suherman Suherman
NOTARIIL Jurnal Kenotariatan Vol. 11 No. 1 (2026)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.11.1.2026.87-96

Abstract

Legal protection for trademarks in Indonesia follows the “first to file” principle, which grants exclusive rights to the party that first registers the trademark. However, the application of this principle cannot be separated from the principle of good faith, which serves as a safeguard to ensure that trademark rights are not obtained through improper means, particularly in the protection of well-known trademarks. This study aims to analyze the legal framework regarding the "first to file" principle and the principle of good faith within the system for protecting well-known trademarks, as well as to analyze the judges’ considerations in the BARCO trademark dispute based on the Commercial Court Decision No. 2/Pdt.Sus-HKI/Merek/2023/PN Niaga Mdn and the Supreme Court Decision No. 859 K/ Pdt.Sus-HKI/2024. This study employs a normative legal method using a statutory approach, a case-based approach, and a conceptual approach. The data used consists of secondary data obtained through literature review and analyzed qualitatively. The results of the study indicate that provisions regarding the “first to file” principle, the principle of good faith, and protection for well-known trademarks are regulated in Law No. 20 of 2016 on Trademarks and Geographical Indications along with its implementing regulations. However, in practice, the application of the “first to file” principle remains more dominant compared to the principle of good faith and protection for well-known trademarks. Judges’ considerations place greater emphasis on the formalities of registration and the classification of goods than on brand reputation and the potential for consumer confusion, resulting in trademark protection that remains largely formalistic in nature.
Structuring Liability in Performance-Based Copyright Infringement: A Legal Analysis of the Ari Bias and Agnes Mo Licensing Disputes Alifa Nurdiannisa; Suherman Suherman
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i1.264

Abstract

Commercial music performances frequently involve the use of copyrighted works, yet creators in Indonesia continue to face losses arising from unlicensed song usage and unpaid royalties. The dispute between Ari Bias and Agnez Mo highlights a longstanding ambiguity in the Copyright Law particularly the absence of an explicit division of responsibility between singers and event organisers for obtaining licences and ensuring royalty payments. This study examines which party bears primary legal responsibility within the framework of Law No. 28 of 2014 on Copyright, using a normative juridical approach supported by literature-based data collection and qualitative descriptive analysis The study finds that although the Copyright Law does not expressly allocate responsibility, its formulation of “performers” encompasses both singers and event organisers. This interpretation aligns with the functional role each party plays in commercial performances: singers as those who communicate the work to the public, and organisers as entities that control the venue, derive economic benefit, and facilitate the commercial exploitation of the copyrighted work. Consequently, both parties share joint responsibility for obtaining licences and paying royalties. This interpretation is reinforced by the Supreme Court’s cassation ruling in the Ari Bias vs. Agnez Mo case, which identified error in persona due to the exclusion of the event organiser as a defendant. The decision underscores that responsibility in commercial song performances is inherently shared. These findings contribute to strengthening legal certainty and clarifying the obligations of singers, creators, and event organisers in Indonesia’s music industry, while demonstrating the need for more explicit regulatory guidance.
Co-Authors Alifa Nurdiannisa Mohammad Akmal Taris Hakim Rendika Purnama