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All Journal International Journal of Social Science and Religion (IJSSR) Jurnal Hukum Legalita El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah
Niswah, Eva Mir'atun
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Traditional Cultural Expressions “Penginyongan” in Banyumas Regency Based on Law No.28 of 2014 concerning Copyright Niswah, Eva Mir'atun
International Journal of Social Science and Religion (IJSSR) 2024: Volume 5 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v5i1.203

Abstract

Traditional Cultural Expressions (TCE) in Penginyongan are diverse and unique. The uniqueness of Penginyongan culture has distinguished between the Javanese Palace culture (Keraton) and Ngapak culture. This condition makes cultural expressions more tangible to the community as folk art. The protection of TCE in Article 38 of Law No. 28 of 2014 on Copyright mandates the state to inventory existing TCE. However, only a tiny part of Penginyongan TCE in Banyumas Regency has been recorded, namely cowongan and begalan. This research uses a qualitative approach with normative juridical. Institutionalisation in protecting Intellectual Property Rights in Banyumas Regency can be seen in terms of legal substance, structure, and culture. In terms of legal substance, the protection of TEE is shown by the laws and regulations that protect it, although there is no specific law for the protection of TEE. Regarding legal structure, TCE protection in Banyumas Regency is carried out by Dinporabudpar (Department of Youth, Sport, Culture, and Tourism). Still, it has limitations, including in efforts to register Communal Intellectual Property Rights. In terms of legal culture, the protection of TCE in Banyumas Regency has obstacles related to the existing ‘speech’ culture.
Perlindungan Hukum Hak Cipta Terhadap Pemutaran Lagu dalam Live Music Performance Perspektif Undang-Undang Hak Cipta dan Hifz Al-Mal di Kafe Purwokerto Subekti, Ahmad; Niswah, Eva Mir'atun
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12107

Abstract

Purwokerto has several cafes that use live music to attract customers. In live music, the performers present other people's songs in public with commercial purposes or to seek profit from the song. On the other hand, there are regulations governing the use of other people's creative works. The purpose of this study is to determine the procedure for playing songs at live music performances in cafes in Purwokerto and how the legal protection for playing songs in live music in cafes in Purwokerto is from the perspective of Copyrights Act and hifz al-mal. This study uses an empirical legal approach to analyze the cafe's compliance with economic rights in copyright. The type of research is field research. The results of the study indicate that copyright infringement is more relevant and serious in the context of large concerts that have a significant financial impact, where the use of songs without permission can substantially harm the copyright owner. In contrast, live music performed in cafes with minimal income and driven by humanitarian intentions to entertain or support the community is not considered a significant copyright infringement from a humanitarian perspective and the principle of hifz al-mal. This is due to its small financial impact and underlying good intentions, however, efforts are still needed to respect copyright in the long term in accordance with the principles of justice and protection of property in Copyrights act and hifz al-mal.
Perlindungan Hukum Pemegang Hak Desain Industri Berbasis Artificial Intelligence di Indonesia Berdasarkan Undang-Undang Desain Industri Niswah, Eva Mir'atun
Legalita Vol 7 No 1 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i1.1745

Abstract

The development of artificial intelligence (AI) has introduced a new approach in the process of producing industrial designs. However, the use of AI in industrial design poses challenges in the protection of Intellectual Property Rights, especially regarding ownership and exclusive rights to industrial designs produced by AI. This article aims to discuss the legal framework for the protection of industrial designs produced by AI in Indonesia based on Law No. 31 of 2000 concerning Industrial Design (Undang-Undang Desain Industri/UUDI), and to analyze the challenges faced in the protection of AI-based industrial designs. The method used is empirical juridical, with a statue approach. Based on the results of the analysis, the legal status of the holder of Industrial Design Rights produced by AI according to UUDI remains with humans, AI can be personified as a relationship between workers and employers, then equated with objects in this case animals whose responsibility lies with their owners, and as partial legal subjects such as children in this case AI is always under guardianship. Then, the legal challenges in the protection of AI-based industrial designs, including regarding ownership and industrial design rights by AI, issues of novelty and originality and regulations that are not yet adaptive to technology.
Co-Authors Subekti, Ahmad