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All Journal Lentera Hukum JURNAL MAHKAMAH
Serfiyani, Citi Rahmati
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Law, Crime, Criminology & Criminal Justice

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Developers’ Data Protection in the Open-Source Application with the Copyleft License Serfiyani, Citi Rahmati; Yustisia Serfiyani, Cita; Hariyani, Iswi; Tharifah Arsari, Devina
Lentera Hukum Vol 8 No 1 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i1.21012

Abstract

Copyright protection of digital products in an open-source system has led to the emergence of copyleft against copyright. Copyleft licenses in open-source serve to impose limits on creations to protect creators' moral rights. At the same time, personal data protection is one part of personal rights amidst the advent of information technology. The development of copyleft products and licenses that usually take place online can potentially lead to violations that harm application developers’ personal data. This paper aimed to characterize copyleft as an antithesis of copyright and analyze legal protection on the open-source application developers' personal data. Using legal research, this paper showed that open-source licenses could consist of two categories. First, non-copyleft licenses in the form of permissive licenses, included in the software under it and are subject to copyright. Second, the copyleft license, which required licenses to modify and distribute copyleft products. This open-source license adopted a form of a standard contract and personal data protection in copyleft products through open-source sites were using a preventive and repressive way. This paper recommended a copyleft-based legal protection mechanism and creators' data by considering the comparative aspects of the copyleft and copyright concepts' characteristics to respect moral rights. KEYWORDS: Personal Data Protection, Indonesia’s Copyright Law, Copyleft License.
Legal Protection Against Status Determination of Suspects for Unpleasant Crimes After the Decision of the Constitutional Court Number 1/PUU-XI/2013 Nugraha, Xavier; Setiawan, Peter Jeremiah; Serfiyani, Citi Rahmati
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 6 No. 2 December (2021)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i2.1111

Abstract

Article 335 paragraph (1) of the Criminal Code and Article 21 paragraph (4) of the Criminal Procedure Code are deemed to be contradicting Article 28D of the 1945 Constitution. Through the Decision of the Constitutional Court Number 1 / PUU-XI / 2013 excluding the phrase "unpleasant actions" because they are considered to cause multiple interpretations and put forward subjectivity. This article is exposed to arbitrary actions by the authorities to criminalize someone. In fact, after the Constitutional Court Decision Number 1 / PUU-XI / 2013, there are still pre-trial cases of determining suspects based on unpleasant acts. The formulation of Article 335 Paragraph (1) of the Criminal Code, which is used after the decision, requires the fulfillment of 2 (two) elements, namely "using violence" or "threat of violence." Thus, in every indictment that wrote the phrase "unpleasant act" was considered a legal reason. Determination of a suspect because this is considered a formal defect
Co-Authors Iswi Hariyani Nugraha, Xavier Serfiyani, Cita Yustisia Tharifah Arsari, Devina