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Journal : JURNAL HUKUM

The Utilization of Access Management to Digital Collections: Requirements & Challenges by Law Koko Srimulyo; Yula Anggriani; Faizal Kurniawan
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.38665

Abstract

The spirit of Article 4 of Law No. 43 of 2007 is regulated by Article 5 paragraph (3) of Law No. 3 of 2017 is concerning to increase users interest in reading by converting printed books into electronic books. However, this breakthrough also brings new legal issues, namely the potential for reduced economic rights of creators or copyright holders of printed books as well as the decentralization of authority to convert printed books into physical books by libraries even though these requirements have been regulated by Article 27 of Law No. 28 of 2014 concerning Copyright; there is still room for illegal duplication and even piracy. There are two methods used in this research. The statutory approach is used to review statutory regulations primarily and the conceptual approach is used to support the narrative text presentation with relevant scientific literature. The results of this research indicate a need for special regulations regarding the conversion of printed books into electronic books by libraries by paying attention to the Economic Rights of the Creator or Copyright Holder of printed books. In addition, conversions must be carried out under the supervision of the relevant institutions and submitted centrally to the National Library to ensure standard procedures and conversion quality, and reformulation of previous regulations is necessary.
Justice as a Meta Value of Corrective Justice in Providing Restitution for Unjust Enrichment: A Study on Rules, Norms, Principles, and Foundation Faizal Kurniawan; Prawitra Thalib; M. Hadi Subhan; Bart Jansen; Zuhairah Ariff Binti Abd Ghadas
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.33049

Abstract

The legal foundation is one of the most important sources of law that has been emphasized in several legal theories. However, concepts regarding legal foundation are still heavily debated and intertwined with other legal principles, legal values, legal norms, legal theorems, and legal rules. Foundation, principles, and norms are general concepts discussed in the law field as a separate point of discussion in the study of law, especially in legal theory.This showcases that the knowledge regarding concepts and the standing of different principles, values, norms, and rules are important in studying a particular field of law. However, in practice, most legal scholars and professors in the field of law are still unaware of such concepts that often overlap with one another. Generally, foundations are meta values from principles, principles are the meta values of norms, and norms are meta values of a rule. In comparison, values are the equivalent of principles and fundamental values. A theorem is the equivalent of a norm, which is embodied in a rule, and the rule itself is the most concrete implementation of a principle, which may be in the form of a written or unwritten rule. This paper aims to explore the relationship between justice, corrective justice, restitution, and unjust enrichment. It will discuss how fundamental values, principles, and norms serve as meta-values in achieving justice. Additionally, it will examine the role of corrective justice in providing restitution for cases of unjust enrichment.
Co-Authors Abdullah, Nurhidayah Adinda Prisca Anugerah Puteri Adiwinata, Gianina Elizabeth Agung Triayudi Agus Sekarmadji Agus Yudha Hernoko Aldiansyah, Komari Ali Maksum Aliansa, Wahyu Amanah Agustin Ardhana Christian Noventri Arif Wahyu Hidayat Aristyawan, Patricia Anais Ave Maria Frisa Katherina Awayakuane, Revolino Robarto Ayik Parameswary Bagus Oktafian Abrianto Bart Jansen Christian Yulianto Rusli Cleoputri Yusainy Dany Miftahul Ula Darryl Evan Brouwer Debi Setiawati, Debi Dyah Devina Maya Ganindra Erni Agustin Fatmawati Fatmawati Ghansham Anand Hilda Yunita Sabrie Huzni Murad, Muhammad Syariqul Ilhami Ginang Pratidina Jusoff, Kamaruzaman Koko Srimulyo Komari Aldiansyah M. Hadi Subhan Maghfirah Aliefia Maradona Maradona Maradona, Maradona Maulani, Atiqoh Farhah Maulida, Vetty Silvana Moch. Marsa Taufiqurrohman Mohamad Nur Kholiq Mohd Ismail, Maria Mohd Sharil Nizam bin Md Radzi Muhammad Amirul Alfan Muhammad Anas Newa, Erni Rambu Nugraha, Xavier Ode Mohamad Man Arfa Ladamay Patricia Inge Felany Peter Mahmud Marzuki Pitriani, Winda Prastuti Sulistyorini Prastuti Sulistyorini Prawitra Thalib Qona’aha Noor Maajid Radian Salman Ramadhanti, Syifa Ramesh Nair Rizky Amalia Rizky Amalia Romadhona, Mochamad Kevin Salah, Mohammed Sapta Aprilianto Shintarini Kristine Setyobudi Simamora, Yohanes Sogar Siti Hafsyah Idris Sri Hajati Sri Hajati Sri Winarsi Suryantoro, Satriyo Dwi Syifa Ramadhanti Thabib, Prawitra Tobing, Sari Mellina Vincentius Gegap Widyantoro Wewi, Krisna Rambu Kaita Wisudanto Wisudanto Yula Anggriani Yulianto Rusli, Christian Yuniarti Yuniarti Zaky, Pradana Zuhairah Ariff Binti Abd Ghadas