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All Journal Jambura Law Review Journal of Law, Society, and Islamic Civilization POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Pamungkas, Ayu Mustika
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PROTECTION OF FICTIONAL CHARACTERS AGAINST FANFICTION ACTIONS AND ITS RELATION TO FAIR USE IN THE PERSPECTIVE OF COPYRIGHT LAW Pamungkas, Ayu Mustika
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.870

Abstract

This research aims to investigate the protection of fictional characters within the framework of intellectual property, including copyright, and explore the challenges arising from fanfiction cases in the era of the internet. Through legal analysis, the study delves into the legal regulations governing fictional characters and identifies the potential application of fair use principles to support fanfiction activities that utilize pre-existing fictional characters. The findings provide insights into the legal framework surrounding fictional characters within intellectual property law and its relevance in addressing the evolving landscape of internet culture. Moreover, this research contributes to a deeper understanding of how to safeguard fictional characters while considering freedom of expression and fostering innovation in the realm of creativity. By examining these issues, this study not only sheds light on the legal aspects of protecting fictional characters but also addresses the dynamic interplay between traditional intellectual property concepts and the transformative nature of fan-driven creativity on the internet, ultimately contributing to the ongoing discourse on the regulation of fictional characters in the digital age.
Celebrity Persona: Can Intellectual Property Law in Indonesia Provide Adequate Protection? Pamungkas, Ayu Mustika; Hulwanullah, Hikam
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27579

Abstract

The vast economic turnover in the showbiz industry, which consistently involves numerous celebrities in merchandising activities as a form of product and service marketing, does not always yield positive impacts for the celebrities themselves. Numerous cases involve the unauthorized use of a celebrity persona, often resulting in legal disputes. This study aims to delve deeper into the legal protection of celebrity personas, particularly regarding their use by third parties, which may cause economic and moral losses for the persona owners. Employing normative legal research methods with a statute approach and conceptual approach, this research examines the issue from the perspective of intellectual property law in Indonesia. The study concludes that the protection of celebrity personas under intellectual property rights can be accommodated within copyright law by categorizing personas into "natural persona" and "created persona," enabling their protection under Indonesia's Copyright Act.
Legal Protection of Traditional Medicines Against Biopiracy and Misappropriation: Ensuring Fair Benefit Sharing for Local Communities Yuliati, Yuliati; Widhiyanti, Hanif Nur; Pamungkas, Ayu Mustika
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.104832

Abstract

Indonesia possesses rich traditional medicinal knowledge that has been transmitted across generations and constitutes an essential part of local communities’ cultural heritage. However, the modern commercial use of traditional medicines often occurs without fair benefit-sharing, leading to practices such as biopiracy and misappropriation. This research examines the adequacy of Indonesia’s legal framework in protecting traditional medicines against such exploitative practices. The findings demonstrate that despite Indonesia’s ratification of various international instruments—including the Convention on Biological Diversity, the TRIPs Agreement, and the Nagoya Protocol—legal protection for traditional medicinal knowledge remains fragmented and insufficient. Existing national regulations, particularly Law Number 36 of 2009 on Health and the Patent Law, provide only limited and indirect protection. Patent-based protection is difficult to apply due to the requirements of novelty and inventive steps, which are incompatible with the communal and hereditary nature of traditional knowledge. Although Article 26 of the Patent Law acknowledges traditional knowledge, it fails to offer comprehensive protection or ensure equitable benefit-sharing for local communities. This study concludes that Indonesia urgently requires a specific sui generis or umbrella legal framework to protect traditional medicines against biopiracy and misappropriation while ensuring justice, legal certainty, and fair distribution of benefits.
Co-Authors Hanif Nur Widhiyanti, Hanif Nur Hulwanullah, Hikam Yuliati -