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All Journal Unram Law Review Journal of Indonesian Legal Studies Jurnal Hukum Bisnis Bonum Commune Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Jurnal Dedikasi Hukum PATTIMURA Law Study Review SASI KANJOLI Business Law Review
Balik, Agustina
Fakultas Hukum Universitas Pattimura, Ambon
Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Interaksi Menyoal Hak Kekayaan Intelektual dengan Pelaku Usaha Mikro Batik Khas Maluku di Kota Ambon Balik, Agustina; Tjoanda, Merry; Uktolseja, Novyta; Hetharie, Yosia
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora (Journal of Legal Services and Humanities) Vol. 4 No. 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v1i2.20226

Abstract

Abstrak: Kegiatan PKM dengan judul “Interaksi Menyoal Hak Kekayaan Intelektual dengan Pelaku Usaha Mikro Batik Khas Maluku di Kota Ambon” bertujuan untuk: (1). Mengimplementasikan hasil penelitian terdahulu dengan permasalahan mengenai pendaftaran hak cipta sebagai jaminan perlindungan hukum motif batik, (2). Sebagai bentuk edukasi dan peningkatan pemahaman hukum khususnya di bidang HKI bagi Pelaku UMKM Batik Khas Maluku di Kota Ambon. PKM ini menggunakan metode pelaksanaan berupa kegiatan diskusi dengan masing-masing Pelaku UMKM Batik melalui sharing dan berbagi ilmu pengetahuan hukum. Kegiatan PKM ini memberikan manfaat melalui peningkatan pemahaman pelaku UMKM Batik di Kota Ambon mengenai aspek hukum HKI dalam rangka untuk memberikan perlindungan terhadap hasil karya merupa motif-motif batik khas Maluku yang dihasilkan oleh pelaku UMKM. Melalui kegiatan diskusi dan sharing ilmu antara tim pengabdian dan pelaku UMKM ini, ditemukan bahwa inisiatif dan kerja keras dari Pelaku UMKM untuk menghasilkan karya batik khas Maluku sangat tinggi, tetapi masih perlu didukung oleh pemahaman hukum HKI untuk melindungi karya tersebut, karena seringkali beberapa motif batik khas Maluku yang diambil oleh pihak lain untuk digunakan secara melawan hukum dan dianggap sebagai milik mereka. Oleh sebab itu, perlu juga peran serta semua elemen baik itu masyarakat, pelaku UMKM, pemerhati UMKM, pemerintah daerah bahkan perguruan tinggi untuk mengupayakan perlindungan hukum di bidang HKI dalam rangka meningkatkan pemahaman hukum masyarakat secara umum dan secara khusus pelaku UMKM. Interaction on Intellectual Property Rights with Maluku Batik Small and Medium-Sized Enterprises Actors in Ambon CityAbstract: The community service activity entitled " Interaction on Intellectual Property Rights with Maluku Batik Small and Medium-Sized Enterprises Actors in Ambon City" aims to (1). Implementing the results of previous research with problems regarding copyright registration as a guarantee of legal protection for batik motifs (2). It is a form of education that increases understanding of the law, especially in the field of IPR for Maluku Typical Batik MSMEs in Ambon City. This community service uses the implementation method in the form of discussion activities with each Batik MSME actor through sharing and sharing legal knowledge. This Community Service activity provides benefits by increasing the understanding of Batik MSME actors in Ambon City regarding the legal aspects of IPR in order to protect the work of Maluku typical batik motifs produced by MSME actors. Through discussion and knowledge-sharing activities between the community service team and MSME actors, it was found that the initiative and hard work of MSME actors to produce typical Maluku batik works were very high. However, they still needed to be supported by an understanding of IPR law to protect these works because, often, some batik motifs typical of Maluku were taken by other parties to be used against the law and considered their own. Therefore, it is also necessary to have the participation of all elements, be it the community, MSME actors, MSME observers, regional governments, and even universities, to seek legal protection in the field of IPR in order to increase understanding of public law in general and specifically MSME actors.
Perlindungan Hak Moral Komika Atas Materi Pertunjukan Stand-Up Comedy Saimima, Vianen; Narwadan, Theresia Nolda Agnes; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13766

Abstract

ABSTRACT: The role of Intellectual Property Rights (IPR) is increasingly crucial in this modern era, where technology and easy access to information demand strong protection for creative works. One important aspect of IPR is copyright, which gives creators control over the reproduction, distribution, and performance of their works. The copyright law (UUHC) provides broad protection for various types of intellectual works, including art, in accordance with Article 40 Paragraph (1). Stand-Up Comedy, as an art form, should also receive appropriate protection. Even though Stand-Up Comedy performance material is not explicitly mentioned in the UUHC regarding protected objects, Stand-Up Comedy performance material should meet the criteria as a protected copyright work because it is the result of the comic's thought process. However, easy access to Stand-Up Comedy material also raises the problem of plagiarism which can harm copyright and moral rights of comics. The research methods used include normative juridical research with statutory and conceptual approaches, as well as the use of various sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting legal materials through library and electronic resource studies, as well as analysis techniques using qualitative methods. Based on this research, even though Stand-Up Comedy performance material has not been explicitly accommodated in the UUHC, comics' moral rights to their work should receive legal protection. Legal protection can be carried out through preventive and repressive approaches. Dispute resolution involves a legal process, with comics having the option to resolve non-litigation through negotiation, mediation, or arbitration, or through litigation with compensation awarded as recognition of the creator's creative honor and dignity.
Perlindungan Pengolahan Naniura Masyarakat Batak Toba Atas Ekspresi Budaya Tradisional Sembiring, Dias Sakti Jopa; Narwadan, Theresia Nolda Agnes; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13767

Abstract

ABSTRACT: The Toba Batak region is an area that has traditional cultural expressions which are usually called naniura. Protection of the Toba Batak community's processing of naniura for traditional cultural expressions is very necessary considering that Indonesia is a legal country. However, in reality, even though the State has provided protection for traditional cultural expressions, there are still many violations or cultural claims committed by foreign nations. This writing aims to find out what form of protection the Toba Batak community's processing of naniura takes on traditional cultural expressions. The research method in this writing uses a normative juridical research type which examines positive legal provisions, legal principles and legal doctrine. In conducting this research, the author uses a statutory approach and a conceptual approach. The legislative approach is carried out by examining and analyzing statutory regulations that are relevant to the legal issue being discussed. The research results show that recording WBTB at the Ministry of Education and Culture can help protect traditional cultural expressions. This is because by recording WBTB at the Ministry of Education and Culture, it can help the Ministry of Law and Human Rights in determining traditional cultural expressions so that they can be given legal force as Communal Intellectual Property (KIK). Forms of protection for the traditional cultural expression of the Toba Batak people regarding the legal processing of naniura can be carried out using two protection models, namely defensive protection and positive protection. Recording, data integration, safeguarding, maintaining KIK, as well as the formation of regional regulations are defensive protection for the Toba Batak community's natural processing of traditional cultural expressions. The positive protection itself is contained in Government Regulation Number 56 of 2022 concerning Communal Intellectual Property.
Pelanggaran Hak Cipta Karya Cipta Lagu Atau Musik Yang Dibawakan Oleh Ovent Organizer Untuk Kepentingan Komersial Yambormias, Merlinda Tabita; Kuahaty, Sarah Selfina; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13780

Abstract

ABSTRACT: Copyright violations of songs or musical works often occur. In fact, songs or music really provide benefits to humans, but creators or copyright holders of songs or music have to take great pains to obtain their rights because many ordinary people, especially business actors, namely event organizers, use songs or music without permission commercially. Based on Article 9 of Law Number 28 of 2014 concerning Copyright, it can be seen that every person is prohibited from publishing works, duplicating works in all forms, translating works, adapting, arranging or transforming works, distributing works or copies thereof, performing works, announcing works, communication of works, and rental of works and it is prohibited to exercise economic rights without the permission of the creator or copyright holder and it is prohibited to carry out commercial performances of works. This research is normative juridical research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The legal material collection technique used in this research was literature surveillance, and finally analyzed using qualitative methods. Based on the research results, legal protection for copyrighted works of songs or music is regulated in Law Number 28 of 2014 concerning Copyright, which protects the creator or copyright holder of songs or music. Song or music copyrighted works that are used by the Event Organizer for commercial purposes by the act of performing song or music copyrighted works without permission from the creator or copyright holder, are referred to as copyright infringement by violating economic rights. Legal protection for the creator or copyright holder of songs or music used by the Event Organizer for commercial purposes is for the creator or copyright holder of the song or music to collaborate with one of the LMKs so that a song or music copyrighted work can be legally protected and obtain economic rights, because if someone does not register as a member, economic rights cannot be granted until that person registers as a member of LMK.
Perlindungan Hukum Karya Seni Lukisan Yang Di Tiru Dan Disebarluaskan Tanpa Hak Latupeirissa, Diouf Alexsandro; Pesulima, Theresia Louize; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16061

Abstract

In Indonesia there are still many copyright violations, one of which is painting. where a painting is imitated and redrawn and sold without the permission of the copyright holder. The research method used is normative juridical using a statutory approach and also a conceptual approach. There are legal sources used including primary legal materials, secondary legal materials, and tertiary legal materials. With the technique of collecting legal materials, it will be linked to legal facts, legal events and legal consequences so that it will be analyzed based on qualitative methods. The results of the research show that legal protection for creators of works of art whose paintings are imitated and distributed without rights is considered a copyright violation. Because it violates the law which involves taking and using it commercially without the permission of the copyright holder. The form of responsibility that must be carried out by the gallery75 owner is to delete the paintings posted on his social media accounts, and make compensation or give a portion of the proceeds obtained.
Tanggung Jawab Penjual Terhadap Pembeli Terkait Jual Beli Online Dengan Sistem Pre Order Hisbollah, Alif Adnan; Tjoanda, Merry; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2431

Abstract

Introduction: Online buying and selling transactions are permitted by law, as there is a principle of freedom to contract stated in Article 1338 of the Civil Code, as long as it does not violate the provisions of Article 1337 of the Civil Code. However, there are still people who violate the agreements made, causing losses due to non-performance by the seller/business actor, namely NAMAStudios brand, to the buyer, by not delivering the ordered goods.Purposes of the Research:  Explaining the seller's responsibility in breach of contract in online buying and selling with a pre-order system, and the dispute resolution by the affected buyer in online buying and selling with a pre-order system.Methods of the Research: The research methodology used is juridical normative. A juridical normative research is a type of research that examines legal materials, legal doctrines, legal principles, legal norms, and positive legal provisions to address the legal issues being studied.Results of the Research: Article 19 of the Consumer Protection Law states that business actors are responsible for damages and losses suffered by consumers caused by the goods or services they trade. The seller can be held liable both contractually and by risk. In dispute resolution, there are two avenues that can be taken: litigation and alternative dispute resolution, in accordance with Article 38 of the ITE Law and Article 39 of the Consumer Protection Law. Consumer dispute resolution can be done through the court or alternative dispute resolution in accordance with Article 45 of the Consumer Protection Law. In terms of litigation, consumers can file a lawsuit through a class action in accordance with Article 46 paragraph (1) point 2, while non-litigation alternative avenues can be through the Consumer Dispute Settlement Agency (BPSK), also regulated in the Consumer Protection Law.
Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat Amtsal, Abdul; Pesulima, Theresia Louize; Balik, Agustina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2471

Abstract

Introduction: Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption.Purposes of the Research: The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds.Methods of the Research: The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised.Results of the Research: The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.
Urgensi Legalitas Merek: Penyuluhan Hukum bagi UMKM dalam Menghadapi Persaingin Bisnis Balik, Agustina; Tjoanda, Merry
Jurnal Dedikasi Hukum Vol. 4 No. 3 (2024): December 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/jdh.v4i3.36455

Abstract

This community service activity aims to provide an understanding for small and medium enterprise (MSMEs) operators in the city of Ambon about the importance of trademark registration for MSMEs products. This program uses a legal outreach method conducted in a panel format by speakers, followed by a question-and-answer session between the community and the speakers. During the implementation of this program, it was found that many MSMEs operators are still unaware of the importance of legal protection for their product trademarks. Many MSMEs operators in Ambon also do not understand the mechanisms, procedures, and processes for trademark registration at the Directorate General of Intellectual Property.. Therefore, there is a need to enhance the competitiveness of MSMEs in Ambon by strengthening the brand identities they possess. Trademark protection can open up broader business collaboration opportunities and attract investment. Additionally, trademark registration can help MSMEs operators access larger markets, including international markets, by providing a legal basis for licensing and expansion.
Strengthening and Utilizing Original Tanimbar Woven Fabric as a Form of Preservation of Traditional Cultural Expression Balik, Agustina; Hetharie, Yosia
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.678

Abstract

Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual property rights produced by indigenous peoples or traditional communities is an interesting issue to study, one of which is the Tanimbar Weaving Fabric which is a form of intellectual work of the Tanimbar community.Purposes of the Research: The purpose of this study is to find out what the philosophical meaning and value of Tanimbar woven fabrics are as a form of traditional cultural expression and how the forms of strengthening and utilization of Tanimbar woven fabrics are as traditional cultural expressions.Methods of the Research: The research method used is normative legal research, using a statutory approach and a conceptual approach by examining various legal rules which are then linked to the reality that occurs in society. The legal materials used in this study are primary legal materials in the form of Copyright Law, while secondary legal materials in the form of books, legal journals related to the issues studied. The technique of collecting legal materials is done through a literature study that has relevance to this research. The legal materials collected were analyzed using qualitative analysis techniques to answer the problems in this research.Results of the Research: The original Tanimbar woven fabric has philosophical meaning and value for the Tanimbar community through the woven fabric motif. Each of these Tanimbar woven motifs has deep philosophical meanings and values regarding the life of the people and the environment of the Tanimbar people. Strengthening and Utilization of Tanimbar's original woven fabrics spun from cotton threads is increasingly being eroded by technological developments. The Tanimbar people no longer weave using cotton but have replaced it with shop yarn. In fact, the cultural heritage of Tanimbar woven fabrics inherited from their ancestors is the spinning of cotton threads, the results of which are very unique, have high economic value and are sought after by tourists and collectors of traditional fabrics. The government of the Tanimbar Islands Regency has not been able to provide protection, strengthening and utilization of the original Tanimbar woven fabrics.
Perlindungan Hukum Atas Lagu Yang Di Cover Tanpa Izin Pemegang Hak Cipta Jaka, Jaka; Narwadan, Theresia Nolda Agnes; Balik, Agustina
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19710

Abstract

Copyright is regulated by the Copyright Law No. 28 of 2014. The definition of copyright in this law is the exclusive right for creators or recipients of rights to announce or reproduce their work or grant permission for it, without reducing the limitations under the applicable legislation as stated in Article 12, paragraph (1) and paragraph (2). The Warkopi group is one of the groups that resemble the members of Warkop DKI, namely Dono, Kasino, and Indro. The Warkopi group committed a copyright infringement by intentionally plagiarizing and mimicking the works of Warkop DKI in the form of a photoshoot session for a short film in which the Warkopi members performed. This action violates copyright law, specifically Articles 12, paragraph (1) and (2). This research falls under the category of normative legal research, using a statutory and conceptual approach. The data sources used include primary, secondary, and tertiary legal sources. Data collection was carried out through literature studies, followed by the processing and analysis of legal materials using a qualitative analysis method. The results of this study show that the actions of the Warkopi comedy group and its management constitute a violation of Copyright under Law No. 28 of 2014. Legal protection for the Warkop DKI film work consists of preventive legal protection by avoiding or preventing imitation of another's work, and repressive legal protection, which involves enforcement provisions as the final protection for creators or copyright holders by imposing proper punishment on those proven to infringe copyright. This proves that Warkopi's actions harmed Warkop DKI. The resolution of the copyright infringement dispute between Warkopi and Warkop DKI was conducted amicably, without litigation. Essentially, Warkopi has violated copyright law by deliberately committing illegal acts. Furthermore, Warkopi's responsibility for copying the Warkop DKI film without permission is to compensate for the harm caused to the Warkop DKI organization in accordance with Article 1365 of the Civil Code.
Co-Authors Amtsal, Abdul Ari Apriatman Molle Barzah Latupono Berlianty, Teng Dewi Masitha Faliya Hakim Haliwela, Nancy Silvana Hetharie, Yosia Hisbollah, Alif Adnan Jaka, Jaka Jessica Manuela Lewerissa Johnny Pieter Sual Kuahaty, Sarah Selfina Latuconsina, Moh Fadly Latupeirissa, Diouf Alexsandro Lefumonay, Imelda Leluly, Hervy Welem Lestari, Tika Indah Maichel Lesnussa Marsye R Leterulu Martha Elizabeth Sutrahitu Merry Tjoanda Merry Tjoanda Monalesya Dince Sapulette Nadia Irvan Nancy Silvana Haliwela Nani Novendo Sidabariba Narwadan, Theresia Nolda Agnes Neng Melly Senisa Novela Pattipawaej Novyta Uktolseja Pesulima, Theresia Louize Putri Anggia Revivo Tulaseket Rizka Astri Husen Ronald Fadly Sopamena Rory Jeff Akyuwen Rory Jeff Akyuwen Saimima, Vianen Sarah Selfina Kuahaty Sasya Luturmas Sembiring, Dias Sakti Jopa Sinmiasa, Tirza Christin Luciana Sopamena, Ronald Fadly Talahatu, Reylandho Cornelius Teng Berlianty Teng Berlianty Teng Berlianty Theresia Louize Pesulima Tjoanda, Merry Triska Demmatacco Vica Jilyan Edsti Saija Victoria Bianca Uruilal Yambormias, Merlinda Tabita Yosia Hetharie Yosia Hetharie Yosia Hetharie