Article Per Year (5 Year)
p-Index From 2021 - 2026
2.326
P-Index
This Author published in this journals
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
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 16 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 16 Documents
Search

 1   2 
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.
Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media Talaperuw, Vivi; Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 3, May 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i3.3156

Abstract

Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation.  For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.
Copyright Infringement in the Distribution of Exclusive Content on Instagram Halawane, Nitha; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 5, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i5.3130

Abstract

Introduction: The advancement of digital technology has led to the widespread distribution of exclusive content on Instagram, including copyright-protected works such as photos and videos. The unauthorized dissemination of such content raises legal issues concerning copyright protection and dispute resolution mechanisms in Indonesia.Purposes of the Research: The purpose of this study is to understand the protection of copyright in relation to the dissemination of exclusive content on Instagram and to identify the dispute resolution mechanisms for such unauthorized distribution.Methods of the Research: This research employs a normative juridical method using statutory and conceptual approaches, based on primary and secondary legal materials. Data collection is conducted through library research, and analysis is carried out descriptively to interpret and systematically organize legal documents in a rational and scholarly manner.Findings of the Research: The results of this studi are paid exclusive content on Instagram is protected under Law Number 28 of 2014 on Copyright, which grants creators both moral and economic rights. Unauthorized distribution, such as by the TikTok account @joingrupexclusive, constitutes a copyright infringement. While Instagram provides reporting mechanisms, the primary responsibility to address violations lies with the rights holder. Disputes may be resolved through negotiation, mediation, conciliation, arbitration (if an agreement exists), or court proceedings. If informal methods fail, litigation in the Commercial Court may be pursued in accordance with Articles 100–101 of the Copyright Law, requiring proof of copyright ownership to impose sanctions, including damages.
The Constitutional Court's Position as the Guardian of the Constitution: Between Independence and Political Intervention Narwadan, Theresia Nolda Agnes; Mulyana, Yusep; Fauzan, Fauzan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.427

Abstract

This study discusses the position of the Constitutional Court (MK) as the guardian of the constitution in facing the dilemma between independence and political intervention. Using the Systematic Literature Review (SLR) approach by searching 915 articles, this study succeeded in identifying 50 relevant articles which were then analyzed thematically. The results of the study show that the independence of the Constitutional Court is still vulnerable to political pressure, both through the mechanism of appointment of judges, revisions of the Constitutional Court Law, and the practice of non-procedural dismissal. This phenomenon is in line with the global pattern of democratic backsliding that has also occurred in other countries such as Hungary, Turkey, and Poland, where the constitutional judiciary is weakened through court-packing strategies and legislative control. The main findings of the study confirm that controversial decisions, such as Decision No. 90/PUU-XXI/2023, have a direct impact on the legitimacy of the Constitutional Court in the eyes of the public and cause debates regarding ethics and conflicts of interest. The recommendations offered include reforming the merit-based selection mechanism of judges, protecting the term of office from political interference, and strengthening external oversight based on public participation. Thus, this study emphasizes the importance of adaptive and transparent institutional design so that the Constitutional Court is able to carry out its optimal role as the guardian of the constitution in maintaining the rule of law and democratic integrity in Indonesia.
Perlindungan Hukum Terhadap Penggunaan Suara Penyanyi dalam Pembuatan Karya Seni Musik Menggunakan Kecerdasan Buatan Wear, Elsa Amalia; Berlianty, Teng; Narwadan, Theresia Nolda Agnes
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13559

Abstract

Currently, there are many musical works of art that are sung by artificial intelligence using the voice of a particular singer. Where, the singer's voice is taken through a music recording and then inputted, studied, and replicated by artificial intelligence. Of course, the taking and use of the singer's voice is done without the permission and rights of the relevant parties. In fact, Law Number 28 of 2014 concerning Copyright has guaranteed the rights of singers as one of the relevant rights holders. The research method used is normative juridical using a statutory approach and conceptual approach. The legal sources used are primary, secondary, and tertiary legal materials with legal material collection techniques using literature study techniques analyzed with qualitative descriptive techniques. The results showed that legal protection of singers whose voices are used in the creation of musical works of art through the use of artificial intelligence technology can be provided in terms of prevention through registration of creations, supervision by the government, and through the procurement of binding legal products. As well as repressive legal protection by blocking and closing content or access rights, filing lawsuits to the Commercial Court, and imposing criminal sanctions.
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