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All Journal Law and Justice Jurnal Ius Constituendum Supremasi Hukum: Jurnal Penelitian Hukum Kumawula: Jurnal Pengabdian Kepada Masyarakat Eksekusi : Journal Of Law Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Indonesia Sosial Teknologi Transnational Business Law Journal Media Hukum Indonesia (MHI) Jurnal Kajian Budaya dan Humaniora (JKBH) Agrikultura Masyarakat Tani: Jurnal Pengabdian kepada masyarakat
Muchtar, Helitha Novianty
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Journal : Transnational Business Law Journal

 1 
REVIEW OF REVERSIONARY RIGHTS IN THE SOLD-FLAT AGREEMENT OF SONG CREATION ASSOCIATED WITH LAW NUMBER 28 OF 2014 ON COPYRIGHT Utama, Atika Nur Rahmah; Ayu Palar, Miranda Risang; Muchtar, Helitha Novianty
Transnational Business Law Journal Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v5i1.1608

Abstract

The copyright reversion provision or known as reversionary right contained in Article 18, 30, and 122 Law of the Republic Indonesia Number 28 of 2014 on Copyright is a legal substance that has been regulated by various countries in the world. This provision is intended to provide justice for creators whose rights are often violated in the implementation of copyright transfer agreements with a sold-flat mechanism. Indonesia Copyright Law is not specifically determined an implementing rules or guidelines to exercise this rights of reversions provisions. In its application, there have been rejections from record producer company such as in the case of Constitutional Court Decision Number 63/PUU-XIX/2021. This article is placed to review the implementation of reversionary rights provisions in Indonesia by analyzing national dan international provisions and court decisions with normative juridical methods and comparative law, as well as analytical and exploratory descriptive approaches. The implementation of reversionary rights provisions in Indonesia will raise challenges of weak legal understanding and disruption of rejection by record producers, which will weaken aspects of the implementation process. The provisions of the stages of the submission notifications process and documentation of reversionary rights in writing applied by the United States and the Netherlands can be something that Indonesia develops in strengthening the implementation process of reversionary rights provisions. To exercise and enforce their reversion rights, songwriters can renegotiate the agreement with the record producer, file for compensation with the commercial court, or also join the Collective Management Organization.
JURIDICAL REVIEW OF THE PRINCIPLE OF JUSTICE IN THE PROTECTION OF COPYRIGHT OWNERSHIP FOR WORKS CREATED IN COURSE OF PUBLIC SERVICE RELATIONS ACCORDING TO LAW NUMBER 28 OF 2014 ON COPYRIGHT DAN ITS COMPARISON WITH COPYRIGHT REGULATIONS IN FRANCE AND GERMA Abdulghani, Muhammad Hilman; Mayana, Ranti Fauza; Muchtar, Helitha Novianty
Transnational Business Law Journal Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2023
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v5i2.1873

Abstract

The regulation of copyright ownership of works created in Public Service Relations, as stated in Article 35 of the Copyright Law, indicates an injustice in the protection of copyright ownership for creators. This research aims to examine the implementation of the principle of justice in copyright ownership of works created in Public Service Relations and to compare this with the regulations in Germany and France. This study employs a comparative normative juridical approach with a descriptive-analytical research specification. Data collection is conducted through literature studies. The method of analysis used is descriptive-analytical. The results show that the regulation in Article 35 of the Copyright Law lacks elements of justice for creators in Public Service Relations. This is due to the difference in recognition given to creators of works made in Public Service Relations compared to works made in employment relationships. Compared to the regulations in Germany and France, the regulation of copyright ownership for "works made for hire" in Indonesia does not yet provide adequate protection for creators.
Co-Authors Aam Suryamah Abdulghani, Muhammad Hilman Amirullah, Muhamad Amirulloh, M. Andini, Marisa Dika Anudiwanti, Puja Denisa, Adinda Putri Dewina, Alvieta Faujura, Rahmanisa Purnamasari Khoirunisa, Qorina Laina Rafianti Lastuti Abubakar Maulana, Mursal Miranda Risang Ayu Palar Muhamad Amirulloh Muhamad Amirulloh, Muhamad Nabilah, Ghina Pasha, Ishtar Amarindra Ranti Fauza Mayana Reynaldi, Farah Azzahra Rika Ratna Permata Suparto, Susilowati Utama, Atika Nur Rahmah Zahra, Tifani Haura