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All Journal Jurnal DIALEKTIKA : Jurnal Ilmu Sosial JIPRO : Journal Of Intellectual Property
Khotimah, Viviyani
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Keabsahan Kepemilikan Hak Cipta Koreografi di Lingkungan Dosen Institut Seni Indonesia Yogyakarta Khotimah, Viviyani
JIPRO: Journal of Intellectual Property JIPRO, Vol. 1. No.1, 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol1.iss1.art4

Abstract

Ownership of choreographic copyright has been regulated in Article 40 of Law Number 28 of 2014 concerning Copyright. The effect of ownership of this Copyright is the same as the ownership of other works, which is the same as having exclusive rights in the form of moral rights and economic rights. Dance Department Lecturer at the Yogyakarta Indonesian Institute of Arts is an active party in the creation of choreography, but the ownership of the copyright is specifically regulated in Article 35 because of its status as a Civil Servant, where the creation of choreography done in official relations is considered as the creator is Government Institution except before there is an agreement related to copyright ownership. This provision has created its own problems in practice. This is what happened to the Dance Department Lecturer at the Indonesian Art Institute in Yogyakarta, because the choreography works created by the Lecturers was recognized as their copyright. In this context, it has the potential to cause copyright infringement as stipulated in Article 35 of Law No. 28 of 2014 about Copyright
An Analysis of Article 411 of Law No. 1 of 2023 on Unfaithfulness as a Form of Criminal Offense Khotimah, Viviyani
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 1 (2025): Jurnal Dialektika: Jurnal Ilmu Sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

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Abstract

The increasing prevalence of unfaithfulness as a primary cause of divorce in Indonesia underscores the urgency of effective legal intervention. This study analyzes Article 411 of Law No. 1 of 2023, which explicitly criminalizes infidelity, aiming to assess its legal interpretation, application, and implications for victim protection. The analysis is grounded in Social Exchange Theory, Legal Protection Theory, and Strain Theory to explore the socio-legal dimensions of the offense. Using normative legal research with a statute approach, the study examines statutory texts, jurisprudence, and scholarly commentary. Findings reveal that Article 411 broadens criminal liability to both married and unmarried offenders, reinforcing moral and social norms. However, implementation faces socio-cultural resistance, evidentiary challenges, and low public legal literacy. The study concludes that effective enforcement requires victim-centered legal strategies, psychological support, and public legal education to ensure the law’s preventive and restorative functions.
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