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All Journal Al-Mizan (e-Journal) Kawanua International Journal of Multicultural Studies
Bataweya, Ardin
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal and Cultural Analysis of Copyright Law Implementation for Street Musicians in Indonesia Bataweya, Ardin; Hente, Julman; Kotyazhov, Andrey V.; Ovosi, Bilkisu Mohammed
Kawanua International Journal of Multicultural Studies Vol 5 No 2 (2024)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v5i2.1217

Abstract

This research examines the implementation of Copyright Law for street musicians in Indonesia, focusing on the intersection between legal protection and cultural practices. The phenomenon of street musicians performing cover songs creates tension between the formal legal framework and the tradition of sharing art in Indonesian culture, as seen in the cases of Tri Suaka and Zinidin Zidan. The research aims to analyze the effectiveness of Law Number 28 of 2014 in addressing copyright infringement while considering cultural practices, and to identify socio-cultural factors that influence legal compliance among street musicians. Using a qualitative approach with socio-legal research design, this study integrates legal analysis and cultural studies through systematic document review and case studies. The findings indicate that the effectiveness of copyright protection is heavily influenced by the complex interrelation between legal requirements and cultural traditions, where current implementation faces challenges in balancing formal compliance with the cultural significance of street performances. This research implies the need for developing a more adaptive legal framework, including special licensing systems and strengthening the role of Collective Management Organizations in supporting legal compliance while preserving culture.
Analisis Putusan Hakim Pengadilan Agama Surakarta Pada Perkara Ekonomi Syariah (Studi Putusan Nomor 432/Pdt.G/2023/PA.Ska) Bataweya, Ardin; Muhammad Fuad, Andi
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4611

Abstract

This study analyses the results of the decision by the judge of the Religious Court with Case Number: 432/Pdt.G/2023/PA.Ska. This research is a case study analysed with a normative juridical approach. The results showed that the Surakarta Religious Court granted the customer's lawsuit on the grounds of unlawful acts committed by the Sharia Rural Bank of Dana Mulia, namely withholding savings money without clear reasons. Although the defendant filed an exception, the judge rejected it and upheld the defendant's guilt, with both parties sentenced to pay court costs. The judge's decision emphasised that the clause of the agreement between the bank and the customer was a valid basis, so the judge rejected the defendant's exception with the argument that the elements of tort were not fulfilled in the case. This conclusion was supported by legal considerations, including disqualification in person, the judge's assessment of the elements of tort, and the application of Indonesian laws and regulations. This decision has a significant impact on both parties in the settlement of sharia economic case Number 432/Pdt.G/2023/PA.Ska. at the Surakarta Religious Court.
Co-Authors Hente, Julman Kotyazhov, Andrey V. Muhammad Fuad, Andi Ovosi, Bilkisu Mohammed