Wahyu Sasongko
Universitas Lampung

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Theoretical Review: The Protection of Music Copyrights in the Radio Wahyu Sasongko
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 4 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no4.1814

Abstract

Playback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law.  Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement.
Model of Social Conflict Settlement According to Lampung Adat Law Wahyu Sasongko; Hamzah Hamzah; Harsa Wahyu Ramadhan; Ricco Andreas
Fiat Justisia: Jurnal Ilmu Hukum Vol 16 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v16no2.2519

Abstract

The Indonesian nation is heterogeneous because it has various ethnic groups, languages, and customs. This situation indicates that a potential social conflict might occur. In managing potential social conflict, Law No. 7 of 2012 was enacted. This law regulates the resolution of social conflicts through the mechanism of traditional institutions. This research uses a legal concept approach, namely the concept of Lampung adat law, to overcome social conflict. The findings are: First, Law No. 7 of 2012 has not regulated social conflicts settlement specifically in procedural aspect and give a chance to a traditional institution to take its role. Second, Lampung adat law can systematically settle the social conflict through the internalized value of Piil Pesenggiri, which functions as a moral order to Lampung people and heavily relies on the joint meeting of perwatin adat to hold rembuk pekon. This research recommends that social conflicts settlement regulation considers including the Lampung adat law principle into national law. The Lampung local government should manage incoming social conflict based on the traditional institution to provide open space for Lampung adat law in carrying out its role.