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All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta DE LEGA LATA: Jurnal Ilmu Hukum Halu Oleo Law Review Journal Analytica Islamica Unes Law Review Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Legalitas: Jurnal Hukum As-Syar'i : Jurnal Bimbingan & Konseling Keluarga JHR (Jurnal Hukum Replik) Randwick International of Social Science Journal International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review SOSEK: Jurnal Sosial dan Ekonomi Buletin Konstitusi Proceeding International Seminar of Islamic Studies Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Dedikasi Hukum Indonesian Journal Education PANCASILA AND CIVICS EDUCATION JOURNAL ALWAQFU Jurnal Hukum Ekonomi dan Wakaf Al-Zayn: Jurnal Ilmu Sosial & Hukum Kanun: Jurnal Ilmu Hukum INSPIRING LAW JOURNAL Abdurrauf Social Science Abdurrauf Law and Sharia Melayunesia Law
Koto, Ismail
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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LEGAL PROTECTION FOR COPYRIGHT HOLDERS AGAINST ILLEGAL DISTRIBUTION OF FILMS THROUGH STREAMING SITES Lira Nova Eliza; Ismail Koto
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

This study analyzes the legal protection for copyright holders for the illegal distribution of films through streaming sites from a civil law perspective in Indonesia. The development of information technology and increased internet access have encouraged the widespread distribution of films without permission from copyright holders, which results in economic losses and violations of moral rights as regulated in Law Number 28 of 2014 concerning Copyright. This practice not only impacts creators and broadcasting rights license holders but also has implications for the sustainability of the national film industry, which is protected by Law Number 33 of 2009 concerning Film. This problem demands legal certainty regarding the status of copyright as a property right and a form of legal accountability for violations that occur in the digital space. This study uses a normative legal research method with a statutory and conceptual approach. Data were obtained through a literature study of primary legal materials in the form of Law Number 28 of 2014 concerning Copyright, Law Number 33 of 2009 concerning Film, and the Civil Code, and supported by secondary legal materials in the form of books, journals, and the doctrines of legal experts. The analysis was conducted qualitatively by examining the principles, norms, and legal concepts relevant to the practice of illegal film distribution in the digital era. The results of the study indicate that copyright on film works is an intangible object included in the category of property rights and provides exclusive rights to the creator or copyright holder. The illegal distribution of films through streaming sites fulfills the elements of an unlawful act as regulated in Article 1365 of the Civil Code because it violates the economic rights and moral rights of the creator. Copyright holders have the right to file a civil lawsuit in the form of material and immaterial compensation, termination of unlawful acts, confiscation of the proceeds of violation, and restoration of moral rights through the Commercial Court mechanism. Thus, civil legal protection has a strategic role in ensuring legal certainty, creating justice for copyright holders, and providing a deterrent effect on perpetrators of copyright infringement in the digital realm.
LEGAL ANALYSIS OF COPYRIGHT INFRINGEMENT IN COMMERCIAL USE OF SONGS AND/OR MUSIC (CASE STUDY OF MIE GACOAN FRANCHISE ROYALTIES) Daniel Vinato; Ismail Koto
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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This study analyzes copyright infringement in the commercial use of songs and/or music and its legal liability implications, using a case study of royalties in the Mie Gacoan franchise. Playing songs in commercial business spaces constitutes a form of exploitation of the creator's economic rights, requiring a license and royalty payments. However, in practice, some businesses still use musical works without permission or without fulfilling their royalty payment obligations, resulting in legal issues and economic losses for the creator. Normatively, the obligation to pay royalties is regulated by Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning Management of Song and/or Music Royalties. These provisions emphasize that any use of songs and/or music for commercial purposes must go through a licensing mechanism and royalty payments to the creator or through a Collective Management Institution. Violations of these provisions have the potential to result in legal consequences, both in the civil and administrative realms. This study uses a normative juridical method with a statutory and conceptual approach. Primary, secondary, and tertiary legal materials were collected through literature studies and analyzed qualitatively to examine the forms of violations and legal accountability mechanisms that can be applied to business actors who do not fulfill royalty obligations. The results of the study indicate that the commercial use of songs without a license constitutes a violation of the creator's economic rights and fulfills the elements of an unlawful act as regulated in Article 1365 of the Civil Code. Legal protection for creators can be achieved through lawsuits for damages, termination of use of the work, and the obligation to pay royalties through a Collective Management Institution. This study confirms that compliance with royalty obligations is part of the legal responsibility of business actors in ensuring legal certainty and justice for creators in the copyright protection regime.
LEGAL RESPONSIBILITY OF PRODUCT PROMOTION INFLUENCERS THAT ARE HARMING BUYERS FROM THE PERSPECTIVE OF UNLAWFUL ACTS Khairul Imam Batubara; Ismail Koto
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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Abstract

The rapid development of information and communication technology has made social media a primary means of promoting products and services. Influencers play a strategic role in shaping public opinion and broadly influencing consumer purchasing decisions. However, behind the effectiveness of such promotions, there is the potential for misleading, non-transparent, or inconsistent promotional practices. This situation has the potential to cause losses, both material and immaterial, for buyers as consumers. This phenomenon raises legal issues regarding the extent of influencers' legal responsibility for their product promotions, as well as the forms of legal protection available to consumers who suffer losses. This study aims to analyze the legal regulations related to product promotion activities by influencers on social media, examine the forms of legal liability that can be imposed from the perspective of unlawful acts, and identify legal protection mechanisms for consumers who suffer losses due to misleading promotions. The research method used is normative legal research with a descriptive-analytical nature. This approach is carried out by examining relevant laws and regulations, particularly the Civil Code, the Consumer Protection Law, and regulations related to digital promotional activities. The research data sources include primary legal materials in the form of laws and court decisions, secondary legal materials in the form of legal doctrine and literature, and secondary data studies related to digital promotion practices and consumer protection issues. The results of the study indicate that influencers can be held legally accountable if proven to have committed unlawful acts through misleading, dishonest, or negligent product promotions. Article 1365 of the Civil Code serves as the primary basis for assessing the existence of elements of unlawful acts, which include actions, errors, losses, and the causal relationship between the promotion and the losses experienced by consumers. Legal protection for consumers needs to be carried out comprehensively through civil lawsuits, alternative dispute resolution such as mediation, increasing digital literacy and education, and monitoring promotional content on social media. This study emphasizes the importance of the principles of transparency, honesty, and social responsibility in digital marketing practices to create equitable consumer protection.
Criminal Legal Responsibility for Motorcycle Taxi Drivers as Narcotics Couriers Romy Affandi Tarigan; Jaholden Jaholden; Ismail Koto
Indonesian Journal Education Vol. 4 No. 3 (2025): Indonesian Journal Education (IJE)
Publisher : Lembaga Riset Mutiara Akbar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56495/ije.v4i3.1305

Abstract

This study examines the legal accountability of motorcycle taxi drivers who act as narcotics couriers in Indonesia. Using a normative juridical method with an analytical prescriptive approach, the research analyzes laws and regulations related to narcotics crimes, the criminal responsibility of drivers, and the juridical review of the Unaaha District Court Decision Number 132/Pid.Sus/2020/PN.UNH. The findings indicate that the driver was proven to have unlawfully distributed Class I narcotics under Article 114 paragraph (2) of Law Number 35 of 2009 on Narcotics. Although the driver initially claimed ignorance of the package contents, evidence from the trial demonstrated elements of intent or gross negligence. The study concludes that criminal liability depends on the driver’s awareness and intention; deliberate participation constitutes a punishable offense, whereas genuine unawareness may exempt the driver from liability. This research underscores the importance of assessing mens rea (intent) and actus reus (action) in determining accountability in narcotics-related offenses.
PERLINDUNGAN HUKUM ATAS KEKAYAAN INTELEKTUAL PERSPEKTIF HUKUM ISLAM Ismail Koto; Ida Hanifah; Surya Perdana; Tarmizi; Ida Nadirah
Jurnal Yuridis Vol 10 No 2 (2023): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v10i2.7142

Abstract

Rights known as intellectual property (IPR) are rights that result from human thought and produce a product or process that is beneficial to human life. In Indonesia, there are various intellectual property rights that apply, including: As one of the countries that ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), Indonesia has a basic legal framework for these types of intellectual property rights. Each intellectual property right is governed by its own laws. Research cannot be said to be research if it does not have a research method. The research method is a process of collecting and analyzing data carried out systematically, to achieve certain goals. Data collection and analysis is carried out naturally, both quantitatively and qualitatively, experimentally and non-experimentally, interactively and non-interactively. The research method used is normative juridical research, namely legal research carried out by reviewing library materials or secondary data. In qualitative research, the process of obtaining data in accordance with the research objectives or problems is studied in depth and with a holistic approach. Indonesia is a country with many ethnicities, cultures and religions in addition to its legal status. The majority of people in Indonesia adhere to the Islamic religion. Islamic law covers everything from marriage to charity, and criminal behavior is based on the same principles as fasting and prayer. .According to the Islamic Fiqh Council, Islam is a religion and way of life that accepts everyone and can be practiced anytime and anywhere without separating religion from life.
Legal Protection for Workers with Fixed-Term Employment Agreements Before and After the Job Creation Law Ida Hanifah; Ismail Koto
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25755

Abstract

Workers perceive that several new provisions regarding Fixed-Term Employment Agreements are detrimental to their rights. According to research findings, an agreement is considered valid if it meets the provisions stipulated in Article 1320 of the Civil Code. The requirements for a valid agreement are regulated in Article 1320 of the Civil Code. Article 1 Paragraph (14) of Law Number 13 of 2003 concerning employment, an employment agreement is: "An agreement between workers/laborers and employers or employers containing work conditions, rights and obligations of the parties." Employment agreements are divided into Fixed-Term Employment agreements and permanent employment agreements. The provisions regarding employment agreements made in writing have been regulated in Article 54, paragraph 1 of Law Number 13 of 2003 on Manpower. The provisions, nature, and type of work for a fixed-term employment agreement can be seen in Article 59. Changes in the duration of Fixed-Term Employment Agreements are regulated in Article 59, Paragraph (4) of the Manpower Law, which states that a Fixed-Term Employment Agreement can be made for a maximum period of two years and may be extended only once for a maximum period of one year. This means that if an employer applies a renewal system, the maximum duration for a Fixed-Term Employment Agreement is four years. However, in Article 81, Number 12 of the Job Creation Law, which amends Article 56 of the Manpower Law, Paragraph (3) stipulates that the employment contract determines the duration of a Fixed-Term Employment Agreement. Article 59 of the Job Creation Law eliminates the specific duration requirement for Fixed-Term Employment Agreements.
Intellectual Property Rights Violations in Data Generated by Artificial Intelligence: A Comparative Analysis between Indonesian Law and International Practices Ismail Koto; Rahimah
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.27526

Abstract

This article examines the issue of intellectual property rights (IPR) violations arising from the use of Artificial Intelligence (AI) in generating creative works. While AI technologies have advanced rapidly and are capable of producing outputs comparable to human creations, legal frameworks remain underdeveloped. Some jurisdictions restrict copyright ownership to humans, while others explore whether AI or its owners may hold rights. The Indonesian Copyright Law (Law No. 28/2014)¹ does not explicitly regulate AI-generated works, resulting in a legal vacuum. This study adopts a normative legal research method with statute, comparative, and case approaches to analyze Indonesia’s regulatory gaps alongside practices in the United States, European Union, and Japan. Findings show that Indonesian law remains limited to conventional notions of human authorship, while international cases such as Thaler v. Copyright Office² and Getty Images v. Stability AI³ illustrate ongoing disputes about AI creativity and copyright. The article contributes by proposing policy reforms in Indonesia, emphasizing the need for adaptive legislation, clearer liability mechanisms, and harmonization with global standards. Implications: Strengthening protection for creators, ensuring fair use of data in AI training, and advancing international dialogue on AI’s legal status.
Co-Authors Abd. Rasyid Syamsuri Alyafedri, Youfan Andrea Hynan Poeloengan Asliani Harahap Atikah Rahmi Aziz Hasibuan, Muhammad Anwar Benito Asdhie Kodiyat, M.S Bunyamin Chansrakaeo, Ruetaitip Daniel Vinato Destri Budi Nugraheni Duma Indah Sari Lubis Erni Elvisyahri Erwin Asmadi Faisal Faisal Faisal Faisal Faisal Fathin, Fathiyyah Jamil Fauzi, Ahmad Hanifah, Ida Hazmi Rusli Heni Pujiastuti HERI APRIANDA FAISAL Ibrahim Nainggolan Ida Hanifah Ida Hanifah Ida Nadirah Ida Nadirah Ilham Syahputra Angkat Imširović, Mirela Jacob, John Tumba Jaholden Jaholden Khairul Imam Batubara Koto, Zulkarnain Lidia Salma Sagala Lira Nova Eliza Lubis, Ikhsan Mhd Teguh Syuhada Lubis Muhammad Rizki Manurung Muslim Mubarrok Mutiara Fadia Silalahi Nadirah, Ida Nainggolan, Ibrahim Nur Putri Hidayah Nurhilmiyah Nurhilmiyah Onny Medaline Perdana, Surya Rachmad Abduh Radhiya Febrina Tri Annisa Zuhra Rahimah Rahimah Rahimah Rahimah Rajarif Syah Akbar Simatupang Ramadhani, Rahmat Ramlan Ramlan Romy Affandi Tarigan Ruetaitip Chansrakaeo Sahari, Alpi Salamat Siregar, Padian Adi Salman Siregar Saragih, Rayani Sari Lubis, Duma Indah SATIYA CITRA DEWI Soraya Sakinah Sri Armaini Surya Perdana Surya Perdana Sutrisno Sutrisno Tarmizi Taufik Hidayat Lubis Taufik Siregar Tengku Erwin Syahbana Triono Eddy Ummi Salamah Lubis Vita Mayastinasari Wicaksono, Galih Wasis Zainuddin Zainuddin, Zainuddin Zainuddin, Zainuddin Zulkarnain Koto Zulkarnein Koto