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Journal : USRAH: Jurnal Hukum Keluarga Islam

Hak Cipta Musik Dan Pengaruhnya Terhadap Industri Musik Di Indonesia Marsela Berliana; Silalahi, Wilma
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.2120

Abstract

Copyright protection of musical works plays a crucial role in ensuring the sustainability and growth of the music industry in Indonesia. This study aims to examine the legal provisions of music copyright as stipulated in Law Number 28 of 2014, and to analyze its influence on the dynamics of the national music industry. Using a normative juridical approach, this research explores various issues such as rampant piracy, weak law enforcement, and the complexity of royalty management. The findings reveal that despite the existence of legal frameworks, implementation remains suboptimal due to low legal awareness, limited resources, and the challenges posed by rapid digital technological developments. Strategic measures are therefore necessary, including regulatory reform, public education, and strengthened stakeholder collaboration. In doing so, copyright protection will not only ensure justice for creators but also reinforce the overall ecosystem of the Indonesian music industry.
Perlindungan Hukum Terhadap Suatu Merek Terdaftar Di Indonesia Manurung, Rachel Wahyunita Theodor; Silalahi, Wilma
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 1 (2025): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i1.2121

Abstract

Trademarks, as intellectual works, must be respected and protected to safeguard the interests of individuals and groups. The concept of Intellectual Property Rights (IPR) is outlined as the result of human work that has economic value, and strong legal protection is required to encourage innovation and prevent rights violations. This research employs normative legal methods with secondary data sources, including statutory regulations, books, and scientific articles. The analysis is conducted through statutory approaches and content analysis methods.Law Number 20 of 2016 concerning Trademarks and Geographical Indications is identified as the legal foundation governing trademark rights, which are obtained through the "first to file" registration system. Legal protection encompasses rights recognition, preventive and repressive measures, access to legal assistance, and government accountability. This study highlights challenges in trademark registration and the importance of awareness regarding legal protection to prevent violations, as well as supporting national economic development. The research emphasizes that effective trademark protection serves as a crucial step in safeguarding trademark owners' interests and market integrity. Through comprehensive legal framework analysis, this study demonstrates how proper trademark protection mechanisms contribute to fostering innovation, maintaining fair competition, and strengthening the overall intellectual property regime.Furthermore, the implementation of the "first to file" system under Law Number 20 of 2016 provides certainty and clarity in trademark ownership determination, while establishing clear procedures for registration, enforcement, and dispute resolution. The legal protection framework not only addresses the immediate concerns of trademark holders but also contributes to the broader objectives of economic development and market stability.Therefore, effective trademark protection becomes a pivotal element in maintaining trademark owners' interests and preserving market integrity, ultimately supporting sustainable economic growth and innovation within the national framework.