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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Balobe Law Journal Jurnal Hukum dan Keadilan PATTIMURA Law Study Review SASI KANJOLI Business Law Review
Narwadan, Theresia Nolda Agnes
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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.
Perlindungan Hukum Terhadap Hak Kekayaan Desain Industri Yang DiTiru Dan Diedarkan Tanpa Izin Lainsamputty, Marcia; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
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.v2i1.13779

Abstract

ABSTRACT: One branch of IPR that is experiencing very rapid development and is very useful is industrial design. The legal protection given to designers by Law Number 31 of 2000 apparently cannot protect designers. In the first case, the plaintiff, as the owner of a registered industrial design, filed a lawsuit because his industrial design was used without permission and this lawsuit was granted by the District Court. However, in the second case of the plaintiff who had registered his industrial design to be used without permission by the defendant, his lawsuit was rejected by the Commercial Court. The research method used in this research is normative research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials, and the legal material analysis techniques used are qualitative in nature. The results show that: 1) Legal protection for a design will be obtained if it meets the requirements of the industrial design law. The object of industrial design legal protection is industrial designs that are new (novelty) and that have been registered with the Directorate General of Intellectual Property Rights. This means that only industrial designs that are novel can be given legal protection. 2). Liability for violations, such as imitation, use, manufacture, sale, import, export and/or distribution of goods granted industrial design rights. Registered designs can be executed inside or outside the Court. The industrial design right holder or licensee can sue the party who imitates the design, by suing the Commercial Court at the District Court.
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.
Perlindungan Hukum Pada Pasien Akibat Kesalahan Pemberian Obat Yang Tidak Sesuai Dengan Resep Dokter Makahity, Yandri Julian; Narwadan, Theresia Nolda Agnes; Pariela, Marselo Valentino Giovani
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.v3i1.19712

Abstract

The Legal protection for patients as consumers in health services is not only regulated in the Health of Law, but also in Law Nomor 8 of 1999 concerning Consumer Protection which provides assurance on the safety and security of patients in consuming products. One of the examples that the author analyzes is an error in administering medication by puskesmas bandar lampung. The research objectives were to identify and analyze patient protection against pharmacists, who made mistakes in administering drugs based on a doctor's prescription and to identify and analyze the efforts patient could take in administering medication errors. The approximation method that used in this research is normative juridical research, because it examines and studies case examples. The research specification used descriptive analytical, namely legal research that is descriptive and aims to obtain a complete description (description) of the prevailing legal conditions. This study uses the legal materials needed in this study. The author use library research and scientific journals.The data collection process in this study was carried out in two stages. The first stage is through document studies in order to find information data related to legal foundations, consumer protection, pharmacy through library materials such as books, scientific papers, and the second stage through internet sites related to the object of research. The analytical method used in this research is qualitative juridical, namely research based on one law which must not conflict with other laws in order to create legal certainty in society and the data obtained is compiled qualitatively.
Co-Authors Akyuwen, Rory Jeff Balik, Agustina Berlianty, Teng Fataruba, Sabri Fauzan . Halawane, Nitha Jaka, Jaka Kilian, Siti Ramla Lainsamputty, Marcia Lesnussa, Maichel Makahity, Yandri Julian Muchtar Anshary Hamid Labetubun Pariela, Marselo Valentino Giovani Saimima, Vianen Sembiring, Dias Sakti Jopa Talaperuw, Vivi Tjoanda, Merry Tuhumena, Since Wear, Elsa Amalia Yusep Mulyana