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All Journal Jurnal Ius Constituendum Unes Law Review Jurnal Hukum Adigama Hukum Pidana dan Pembangunan Hukum
Christine S.T. Kansil
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ANALISIS PELINDUNGAN HUKUM TERHADAP HAK SIAR DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2002 TENTANG PENYIARAN DAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 629/PDT.SUS-HKI/2019) Sarah Mawaddah Shabariyah; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10589

Abstract

There were so many violations of the 2014 Brazil World Cup soccer match broadcast. The 2014 Brazil World Cup broadcast violations were resolved through litigation, namely the Commercial Court because it was a violation of the Related Rights. There are two laws and regulations in positive law in Indonesia related to broadcast rights.The Broadcasting Law and UUHC are the legal umbrella for protecting the implementation of broadcast rights.The realization of these two laws regulates two different things. The Broadcasting Law regulates the license of a broadcasting institution while the UUHC regulates the protection of broadcast work content which is included in Related Rights, thus raising questions regarding how to protect broadcast work holders and control broadcast rights in Indonesia. The method used is juridical empirical. The results of the research show that protection for broadcast work holders who can also be called creators is protected by Article 40 UUHC which is basically included in protected works, thus UUHC has provided protection for broadcast works and broadcast work holders even though Article 40 UUHC does not explicitly mention about broadcast works themselves, but broadcast works are protected by broadcasting institutions based on Article 3 letter b of the UUHC, namely Related Rights and the supervision of Broadcast Rights in Indonesia is currently being monitored by KPI based on the mandate of the Broadcasting Law. In practice,not only KPI can supervise, but the public can participate if there is a broadcast without permission or license from the holder of the broadcast work.
ANALISIS PERLINDUNGAN HUKUM ATAS HAK MORAL PENCIPTA KARYA FOTOGRAFI TERHADAP PENGGUNAAN CIPTAAN FOTOGRAFI OLEH PIHAK LAIN DI MEDIA SOSIAL “INSTAGRAM” SECARA KOMERSIAL BERDASARKAN UNDANG-UNDANG NO.28 TAHUN 2014 TENTANG HAK CIPT Khusbu Vaswani; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13644

Abstract

In today's era, technological developments occur very rapidly and it can greatly help economic development by selling products without face to face. Social media can be used for illegal purposes, and can be the best place to do other negative things. This provides an opportunity for everyone who has bad intentions, such as committing fraud, copying works, and even becoming a place for bullying or oppression and spreading hatred to others for the purpose of inciting one another. Online sales are becoming popular in various countries because of the easy and fast way of making, but there are many cases that can occur in the online world that are difficult to get legal protection. Photographic works are very important in the online business world for commercial use of the products sold and these works must be copyrighted to be protected. However, there are many obstacles in online business ventures that occur due to the theft of photographic works of business competitors which are further regulated in Law Number 28 of 2014.
ANALISIS PENERAPAN PERJANJIAN INTERNASIONAL MEREK TERHADAP MEREK TERKENAL DI INDONESIA Sabrina Aurellia; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10605

Abstract

There are several viewpoints in determine a mark is a well-known trademark. Viewpoints gives confusion for the authorities in determining a well-known trademark. Well-known trademark as one of intellectual property rights has the right to be protected. Protection needs legal certainty. In order to provide legal certainty, the World Intellectual Property Organization initiates to establish international agreement, such as Paris Convention for the Protection of IndustriaI Property, The Agreement on Trade-ReIated Aspects of InteIIectual Property Rights 1995, and the Trademark Law Treaty. Indonesia as a member of the World Intellectual Property Organization ratifies the international agreements. The international agreement also became the basis of Indonesia’s intellectual property law, including well-known trademarks. The legal certainty in Indonesia for well-known marks can only be achieved with regulations and verdicts. Well-known mark is regulated in Act Number 20 Year 2016 and the Regulation of the Minister of Law and Human Rights Number 67 Year 2016. In fact, Indonesia’s regulations and verdict are not enough to hold off well-known mark cases. One of the cases is Sentence Number 04/Pdt. Sus.-Merek/2019/PN Niaga Jkt. Pst. AUTUMNPAPER LIMITED as the owner of the brand “ALEXANDER MCQUEEN” filed a lawsuit in 2019 to determine that “ALEXANDER MCQUEEN” is a well-known trademark in Indonesia. AUTUMNPAPER LIMITED also filed a lawsuit to cancel the registration of “MC QUEEN” in Indonesia based on Indonesia’s Act and Regulations.
PERLINDUNGAN HUKUM TERHADAP MEREK TEKRENAL YANG TIDAK TERDAFTAR DI INDONESIA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 7 K/PDT.SUS-HKI/2018 Nanda Resa Nur Aliska; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.16997

Abstract

the position of the brand has an important role in the world of commerce, so it is very important to provide protection for the brand, which if the company's brand becomes widely known in the community, it will allow competitors who are not in good faith to commit piracy, imitate the brand, or even by counterfeiting to enrich yourself in a short span of time. The problems faced are how the system for granting trademark protection to brands that are not registered in Indonesia and how the legal protection for well-known brands that are not registered in Indonesia in the Supreme Court Decision Number 7K / Pdt.Sus-HKI / 2018. The research method used is normative juridical legal research. The results showed that the protection of foreign well-known marks that are not registered in Indonesia according to the Trademark Law is only protected for 5 (five) years, if the foreign wellknown mark is not registered, other people can register the name and claim the mark. Of course this is contrary to the theory of legal protection, where the state is obliged to protect a citizen/person, even though the person is a foreigner. Where there are 2 (two) kinds of protection methods, namely preventive and repressive methods. Preventive efforts are to prevent brand infringement, while repressive efforts if there is a trademark violation are through civil lawsuits or criminal charges.
ANALISIS PERLINDUNGAN HUKUM TERHADAP PENCIPTA TARIAN YANG CIPTAANNYA DIUNGGAH DI YOUTUBE OLEH PIHAK LAIN TANPA SEIZIN DARI PENCIPTA TARIAN BERDASARKAN UNDANG – UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Alfandi Alfandi; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13592

Abstract

A dance is the result of someone's creativity or idea which when the idea is channeled into a dance or choreography, the idea will automatically get the status of a work, and the choreographer who created the choreography will automatically get exclusive rights to the object and will referred to as the creator who has the copyright, but the copyright law has not regulated the Cover which is then uploaded on YouTube which puts the position of this perpetrator in the gray zone (Grey Area) which means that this action clearly violates the protection of the creator as the right holder. copyright, but the act cannot be legalized according to the applicable laws and regulations. With the development of the times, the recognition of copyright protection is also expanding, in addition to registering, creators can also take advantage of the facilities provided by an institution known as creative common, which in addition to providing protection, it also allows the work to be distributed by other parties, so that creators can be more easily recognized by many people and their work is appreciated by many people.
ANALISIS TANGGUNG JAWAB DIREKTORAT JENDERAL HAKI TERHADAP KASUS PENDOMPLENGAN NAMA / PASSING OFF TERHADAP MEREK TERKENAL “M&G” DITINJAU DARI UNDANGUNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS PUTUSAN NO 526K/PDT.SUS-HKI/2020) Michael Michael; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13633

Abstract

During the period of international trade, for global agreements that have been ratified by Indonesia, the position of brands and geographical features is very important, especially in protecting fresh business competition, protecting customers, and preventing micro, small and medium enterprises and factories in the country. Intellectual property in law is divided into 2 groups, namely the right to make (copyrights) and factory ownership rights (industrial property rights). Factory property rights include patents, business brands, and factory concepts (Industry design), Anti Fraud (ends unfair competition), structured circuit position rules and business secrets. Trademark rights are the scope of property rights, because brand rights are the right to use a logo or brand for products that are traded by one person with other people's products even though they do not have the main factor as what is meant by the interpretation of intellectual property, namely there is no intellectual effort factor in the form of inventions or findings. However, once there is a meeting between manufacturing rights, patent rights and trademark rights, it is observed from the nature or form of the rights, namely the rights to intangible goods.
MPLIKASI KASUS SENGKETA MEREK WD-40 DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (CONTOH KASUS NOMOR 39/PDT.SUS.MEREK/2018/PN.NIAGA.JKT.PST. Muhammad Alkindi Soramoes; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17917

Abstract

The case of a trademark dispute between WD-40 and Get-All-40 proves that there is still a gap in trademark infringement by irresponsible parties, or parties who hitch a ride on well-known brands in bad faith. The problem faced is what is the implication of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases. The research method used is normative juridical legal research. The results of the study show that the implications of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases, where this trademark dispute was resolved / broken by the judge with the victory of the Plaintiff WD- 40 Company and WD-40 Manufacturing Company which in this case the judge canceled the registration of the Defendant's "GET ALL-40 and Painting" Mark: (1) "GET ALL-40 and Painting" Mark with No. Registration IDM000616481 in Class 2; and (2) “GET ALL-40 and Painting” Mark with No. Registration IDM000616482 in Class 2; from the General Register of Marks. Procedures for lawsuits at the commercial court for infringement of marks need to be implemented in accordance with the time limit stipulated in Law Number 20 of 2016 concerning Marks and those who do not accept the decision of the commercial court can file an appeal to the Supreme Court, because the commercial court does not regulate legal remedies. appeal.
TANGGUNG JAWAB DIREKTUR PT PMA YANG TIDAK MENDAPATKAN PENGESAHAN SEBAGAI BADAN HUKUM DAN SUDAH MENJALANKAN USAHANYA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA (STUDI KASUS PT.X DAN PT.Y) I Gede Putra Wijaya; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2849

Abstract

Foreign investors who want to invest in Indonesia must obey the existing rules, namely the Investment Law No. 25 of 2007. The investment law stipulates that if foreign investors want to do business in Indonesia, the foreign investor must establish a company in the form of a legal entity, namely a limited liability company. Requirements for foreign companies can be said as legal entities that must go through the stages of establishing a company until the company ratified by the Ministry of Law and Human Rights. If a foreign company is not a legal entity, the foreign company is not legal and cannot be considered a legal subject in carrying out business activities in Indonesia. Regarding the liability of the foreign company that is to be borne by the private party not by the shareholders because the foreign company is not a legal entity. It is better if foreign investors want to carry out business activities in Indonesia that the business must be in the form of a legal entity in accordance with the investment law’s order to comply with the applicable rules and foreign investors can carry out their business activities properly.
ANALISIS KEKUATAN UNSUR ITIKAD BAIK PADA PELAKSANAAN PENDAFTARAN MEREK DI INDONESIA (Studi Kasus Putusan Mahkamah Agung Nomor 364K/Pdt.Sus-HKI/2014) BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 Wilson Wijaya; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2181

Abstract

Brand is one part of intellectual property rights. Brand is an identifying mark that distinguishes one's property with another's property. However, there are many parties who have bad faith and want to be a part of other people brand’s fame. So they use the same brand name in order to make the goods produced is well-known. Brand is regulated in law number 20 2016 about brand and Geographical Indication. Therefore we need to register our brand to avoid the parties who have bad faith. The authors want to discuss the issue of the strength of good faith element in the registration of trademarks in the implementation of registration in Indonesia and also the protection for brand holders whose registration are rejected in Indonesia. Author will use normative method and refer to scientific books. The strength of good faith element in registering can be seen in Article 4 of the Trademark and Geographical Indications. For protection, brand holder can register it in advance, if it has been approve, the brand holder can submit claim cancelation that regulated in Article 77 to the Central Jakarta District Court to be reviewed and decided who the trademark is and be prove who has the element of bad faith. It is suggested that the original trademark owner's to register their trademark at brand office Indonesia. For foreign trademark owner, they can also improve their trademark to be a well-known brand.
ANALISIS ACTIO PAULIANA DALAM KEPAILITAN TERKAIT PEMBERIAN FASILITAS KREDIT TERHADAP PERUSAHAAN DENGAN JAMINAN ATAS NAMA DIREKSI Salvian salmon; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2912

Abstract

The Actio Pauliana legal institution was formed in Article 41 and Article 42 of Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt with the aim of avoiding legal actions that could harm creditors in their legal relationship with bankrupt debtors. The case of actio pauliana also occurred in the bankruptcy of PT Sumber Urip Sejati Utama, so this study uses normative descriptive analytical research methods with case studies. Actio pauliana's law enforcement is very difficult to do, in the case of the author, Actio Pauliana is actually in accordance with the relevant law, but requires strong evidence because the judge prioritizes formal proof. Regarding differences in decisions, this occurs because of the consideration of a judge who is lacking in the first level court so that it is canceled at the appellate level, whereas this occurs because the curator's evidence is still lacking. The author concludes that at this time, proof of actio pauliana in the case that the author adopted was in accordance with the relevant law but the verification by the curator must be done formally. While the differences in decisions at the first level court and cassation occur because the judge prioritizes legal certainty.
Co-Authors Alfandi Alfandi Ardhelia Putri Salsabila Benedicta Angela Prasetyo Gabriel Lusia Hessa Arteja I Gede Putra Wijaya Jesselyn Valerie Herman Jessica Kandiawan Kelvin Arizona Khusbu Vaswani Melia Melia Michael Michael Muhammad Alkindi Soramoes Nanda Resa Nur Aliska Nethania Aurelia Madelin Nisa Harashta Oldriana Lavenia Kumurur Olivia Laksmono Renaldi Vietiamawan Rosdiana Saleh, Rosdiana Sabrina Aurellia Salvian salmon Samuel Evan Sarah Mawaddah Shabariyah Sheren Regina Vedora Simona Bustani, Simona SULTHAN FAISAL ESA M Vanesha Margaretta Vernando Samosir, Anju Doli Vira Adryani Wilson Wijaya