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Journal : Al-Adalah: Jurnal Hukum dan Politik Islam

TV Broadcast Piracy Through Illegal Live Streaming Applications: Challenges and Legal Protection for Copyright Holders Tan, Winsherly; Situmeang, Ampuan; Bhaskara, Kevin Indra
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v9i1.5429

Abstract

The copyright infringement that is currently on the rise is the emergence of illegal TV streaming apps. The application is now very annoying to official broadcasting rights holders because the presence of such illegal streaming applications will cause losses. This paper aims to find out the form of legal protection as well as legal action for television stations that suffer losses from the piracy of such broadcasting activities.This study is a normative legal study with normative jurisprudence approach to critically analyse the criminal and civil law norms against piracy TV broadcasts through the Live Streaming application aimed at digging and revealing the protection and enforcement of the law for TV stations suffered losses as a result of such piracy.If a person is found to conduct broadcasting or distribution without the permission of the owner who violates the provisions of Article 25 paragraph (2) of the Copyright Act with the criminal punishment of Article 118 of the copyright Act. Whereas the perpetrator of illegal live streaming application that violates Article 32 paragraph (1) of the ITE Act, can be subject to criminal sanctions as referred to in Article 48 paragraph 1 of the Act. The resolution of copyright disputes can be carried out through litigation and non-litigation. It would be better for the public to choose to watch legally and subscribe through an official service despite having to pay for the safety and convenience of the user.
Comparison of Indonesian and Dutch Laws on the Implementation of Euthanasia Fitri, Winda; Tan, Winsherly; Putri, Aulia Ginda
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v9i1.5894

Abstract

Developments in various matters cannot be separated from the regulations attached to them, one of which is related to euthanasia. Euthanasia in general is a treatment given to a patient to end his life intentionally with the aim of escaping suffering. Euthanasia is divided into two types, namely active euthanasia and passive euthanasia. Until now, the act of euthanasia still has pros and cons, including in Indonesia. However, there are also countries that have legalized this, such as the Netherlands. This article will raise issues related to the positive legal regulation of euthanasia in Indonesia and the Netherlands as countries that have legalized euthanasia in terms of human rights and the Criminal Code. The research method is normative juridical research with a comparative approach. The results show that legal regulations related to euthanasia in Indonesia have not yet been specifically regulated even though the act of euthanasia is absolutely prohibited. From a criminal law perspective, the act of euthanasia is subject to Article 338 and Article 344 of the Criminal Code, the implementation of which still creates uncertainty. For families who submit euthanasia, Article 345 of the Criminal Code applies. Meanwhile, the Netherlands has had a law relating to euthanasia since 2001 which is followed by procedures and conditions for its implementation based on Dutch Penal Code 293 and 294 of Dutch law. The formation of regulations related to euthanasia is necessary in Indonesia if it needs to be hastened considering the progress of the times and the mindset of humans who know information easily and can find out about euthanasia