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All Journal JURNAL MAGISTER HUKUM UDAYANA LAW REFORM Veritas et Justitia LAW REVIEW Jurnal Wawasan Yuridika Journal of Judicial Review International Journal of Social Service and Research Global Legal Review Notary Journal Journal Of World Science INJURITY: Journal of Interdisciplinary Studies Journal of Social Science SASI Lex Scientia Law Review
Henry Soelistyo Budi, Henry Soelistyo
Faculty Of Law, Universitas Pelita Harapan
Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences

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Perlindungan Bagi Perajin Dalam Kerangka Hak Cipta, Desain Industri, dan Indikasi Geografis Budi, Henry Soelistyo
LAW REVIEW Vol 5, No 2 (2005)
Publisher : Pelita Harapan University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Perlindungan Bagi Perajin Dalam Kerangka Hak Cipta, Desain Industri, dan Indikasi Geografis ditelaah dari perspective otonomi daerah.
Strengthening the Law on the Construction of High-rise Building That is Beneficial to Support National Development Michael Sofian Tanuhendrata; Jovita Irawati; Henry Soelistyo Budi
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4111

Abstract

The number of high-rise buildings in the big cities of Indonesia is increasing along with land being more limited and its prices being very high. Most of these high-rise buildings are in Jakarta and some of them are facing the risk of building failure that may cause business and operation interruption.  These buildings that have been erected and operating need to receive regular maintenance and supervision to ensure the building's condition and safety. Many building owners and managers do not conduct and plan maintenance and supervision properly causing these buildings of being at risk of fire and building structure – mechanical failure / damage. For this reason, rigorous regulations, and its enforcement in building construction and maintenance are needed to ensure that these buildings operate reliably and encourage building owners and facility manager to comply with them properly. Cultivated Penalty and strict sanctions need to be renewed and must be implemented properly by Government bodies and local authority. Building Audit Institute can be formed to assist the central government and local governments (Governor) in carrying out their functions to ensure the safety and security of buildings, including their users. Strengthening existing laws and regulations will greatly assist in law enforcement and certainty for owners, building managers and building users, which in turn will support national development.
Rethinking Legal Status of Polytechnic in the Law of Education System Tonny Pongoh; Henry Soelistyo Budi; Bintan R. Saragih
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4037

Abstract

The legal status of polytechnic has been fundamentally changed from time to time. After the Law of National Education System Number 20/2003 and the Law of Higher Education Number 12/2012 came into effect, the polytechnic has been granted a new legal status that offers more diverse programs at various levels. Since then, polytechnic could conduct vocational diploma programs and degree programs in applied sciences from graduate to postgraduate. This legal status raises legal problems whether polytechnic is a higher education institution in vocational or applied sciences. Best education practices in some countries classify applied sciences higher education as academic education, not vocational education. This doctrinal research paper then will examine this legal problem using statute, historical and comparative approach, in the light of the Development Legal Theory. This study shows that the legal status of polytechnic is heavily dependent on government policy. In the absence of a clear and firm ground policy of vocational education, the legal status of the polytechnic has been interpreted differently from time to time. The government ought to reset the vocational education policy and then reform the law of the national education system. Therefore, the legal status of the polytechnic will be more sustainable and have better legal certainty accordingly. Regarding the recent development of higher education, it will be better if the government constitutes polytechnic as a higher education institution in applied sciences.
COPYRIGHT INFRINGEMENT IN VIRTUAL CONCERTS R. Gratikana Ningrat; Henry Soelistyo Budi
Law Review Volume XXII, No. 1 - July 2022
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v0i1.5483

Abstract

So far, technological advances have encouraged the formation of new patterns of life, with creative and innovative ideas, concepts, and thoughts. In the music industry, for example, various digital media and virtual concert venues have developed as a form of breakthrough in dealing with various obstacles due to the Covid-19 pandemic. Virtual concerts are interesting to study because they allow the Author to announce his creation for the first time as the basis for the existence of a Copyright and perform musical performances, including choreographed works. However, on the other hand, it eases other people to fix or record the virtual concert without permission, then distribute it for commercial purposes. In this regard, normatively, the Copyright Law has norms to prohibit such illegal acts. Having said this, this research is addressed to examine how the regulation and implementation of the Copyright Law is for the choreographic works performed in Virtual Music Concerts. The type of research utilizes normative juridical with empirical juridical support. In the perspective of legal certainty, the results of the study conclude that choreographic works do not include works that are managed by the National Collective Management Organization’s potential royalty revenue, as is the case with song and/or musical creations. Therefore, to achieve legal certainty in copyright protection, the authority of the National Collective Management Organization needs to be broadened to include the management of royalties for the use of choreographic works for commercial purposes which has implications for the revision of the Copyright Law and Government Regulation No. 56/2021.
Enhancing Trade Secret Protection amidst E-commerce Advancements: Navigating the Cybersecurity Conundrum Hari Sutra Disemadi; Henry Soelistyo Budi
Jurnal Wawasan Yuridika Vol 7, No 1 (2023): March 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i1.608

Abstract

The e-commerce ecosystem has encompassed various aspects of life, giving rise to legal implications, particularly in the areas of intellectual property and personal data protection, which are now inseparable from Indonesia’s economic system in the digital age. This research aims to elucidate the legal relationship between trade secrets as a crucial form of intellectual property to be safeguarded in the digital era and analyze Indonesia’s legal capability to protect trade secrets amidst the escalating challenges of cybersecurity due to the widespread use of various forms of e-commerce. The research employs a normative legal research method to analyze the protection and legal certainty concerning trade secrets, which can be subject to unauthorized access or theft through cyberattacks. Utilizing a legislative approach, the research relies on secondary data in the form of primary legal sources. The findings of this research reveal political-legal issues and normative shortcomings in regulating e-commerce and trade secrets, often underestimating the digital threats that can harm individuals’ intellectual property rights.
Reconsidering The Mandatory Use Of Indonesian Language In Private Commercial Contract Suyudi, Aria; Budi, Henry Soelistyo
Global Legal Review Vol 2, No 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.4997

Abstract

A decade after the enactment of Law Number 24 Year 2009 on the Flag, Language and Coat of Arms and Anthem which introduces mandatory use of Indonesian language in memorandums of understanding or agreements involving state institutions, government agencies, Indonesian private institutions or Indonesian citizens, there are still many questions arised about the extent of which these norms should apply in the private commercial sphere.  Various litigations filed before the court to declare the agreement null and void for failure to meet the language provisions. While some lawsuit has been successful, but more recent court decisions have been consistently rejecting petition to declare an agreement as null and void for failure to comply with article 31 Law Number 24 Year 2009.This paper will conduct a normative study to determine the extent of which the mandatory use of the Indonesian language in the agreement has affect the private commercial sphere. In what instance violation of the provision has been fully regarded as violation of an Objective Condition for a valid agreement as regulated in Article 1320 of the Civil Code which makes the agreement null and void by law and what does not.This paper will study the laws and regulations related to the mandatory use of the Indonesian language in private commercial contracts to find out about situation and study its implementation in selected court decisions to understand the situation and provide possible recommendation for improvements
Tanggung Jawab Notaris Terhadap Perjanjian Jual Beli Tanah Negara Bekas Hak Eigendom [Notary's Responsibility Regarding Sales and Purchase Agreements for State Land with former Eigendom Rights] Febriani, Nathania; Budi, Henry Soelistyo
Notary Journal Vol 4, No 1: April 2024
Publisher : Program Studi Kenotariatan Fakultas Hukum Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/nj.v4i1.7710

Abstract

In carrying out a land sale and purchase agreement, a Notaryis required. Notaries are public officials who have the authority to make authentic deeds relating to land. In a land sale and purchase agreement made before a Notary, the Sale and Purchase Agreement must be executed first by the parties before it is made into a Deed of Sale by the Land Deed Official. An agreement is the most important thing in a land sale and purchase agreement, and each party has the freedom to determine what conditions they wish to agree upon. However, in some occasion, making an agreement in an authentic deed would allow legal problems to arise. Legal problems can arise if a Sale and Purchase Agreement is executed on a plot of land with former eigendom rights which has not yet been converted. Furthermore, because the plot of land with former eigendom rights is a land that has not been converted yet, its status is a land controlled by the state. State land cannot be the object of land sale and purchase, therefore, the land cannot be traded.The aim of this research is to analyze the Notary's responsibilities regarding sales and purchase agreements for state land with former eigendom rights. The legal research method used is normative-empirical, the type of approach used is the Approach to Legal Cases (Case Study) and the Approach to Legal Systematics. The type of data used is by using secondary data sources supported by primary data, and the method of obtaining data is by literature study and interview techniques.Bahasa Indonesia Abstrak: Dalam melakukan perjanjian jual beli tanah diperlukan profesi Notaris. Notaris sebagai pejabat umum yang berwenang untuk membuat akta autentik peralihan hak atas tanah atau membuat akta yang berkaitan dengan pertanahan. Dalam perjanjian jual beli tanah, Perjanjian Pengikatan Jual Beli harus dibuat di hadapan Notaris dan dilaksanakan terlebih dahulu oleh para pihak karena adanya syarat-syarat atau keadaan yang harus dipenuhi sebelum dibuat menjadi Akta Jual Beli oleh PPAT. Suatu kesepakatan menjadi hal yang terpenting dalam Perjanjian Pengikatan Jual Beli tanah di hadapan Notaris, dan setiap pihak mempunyai kebebasan untuk menentukan syarat-syarat yang ingin diperjanjikan. Namun pada kenyataannya, dalam pembuatan perjanjian dalam akta autentik memungkinkan terjadinya permasalahan hukum. Permasalahan hukum dapat terjadi apabila dilakukannya Perjanjian Pengikatan Jual Beli atas sebidang tanah bekas hak eigendom yang hingga saat ini belum dikonversi dan dilakukan pendaftaran di Badan Pertanahan Nasional. Lebih lanjut, karena objek tanah bekas hak eigendom yang menjadi objek jual beli adalah tanah yang belum dikonversi, maka tanah tersebut merupakan tanah yang dikuasai oleh negara. Oleh karena itu, tanah tersebut tidak bisa diperjualbelikan karena tanah negara tidak bisa menjadi objek jual beli tanah. Tujuan dari penelitian ini adalah untuk menganalisa tanggung jawab Notaris terhadap perjanjian jual beli tanah negara bekas hak eigendom. Metode penelitian hukum yang digunakan adalah normatif empiris, jenis pendekatan yang digunakan adalah pendekatan terhadap kasus hukum (case study) dan pendekatan terhadap sistematika hukum. Jenis data yang digunakan adalah menggunakan sumber data sekunder yang dikuatkan dengan data primer, dan cara perolehan data dengan studi kepustakaan dan teknik wawancara.
Integrating IPR Integrity and Freedom of Expression: A Normative Analysis Budi, V. Henry Soelistyo; Girodon-Hutagalung, Matahari; Irawati, Jovita
LAW REFORM Vol 20, No 1 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i1.62089

Abstract

Algorithm as a digital innovation plays a crucial role in facilitating communication and public discourse. Its utilization is a significant issue that must be carefully analyzed to ensure it doesn’t impede key human rights, specifically the right to freedom of expression. The widespread use of digital platforms has created an urgency to examine this issue. The purpose of this study is to analyze the interaction between algorithms as digital innovations, their protection through the relevant IPR regimes, and their implications on freedom of expression. Through normative legal research methods and a statutory approach, this research finds that among various intellectual property regimes, the patent system offers the best potential for balancing the protection of algorithmic innovations with transparency. However, the analysis also reveals that current patent regulations still lack certain provisions to adequately safeguard freedom of expression in relation to patented algorithms. This research offers a proposed model of development that can be utilized to improve Indonesia’s protection of the right to freedom of expression through the patent regime, while also protecting algorithms as a key digital innovation.
Criminalization of Individuals as a Deterrent Effect Upon Cartel Behaviour in Indonesia Sibuea, Hengki M.; Silalahi, Udin; Budi, Henry Soelistyo
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9132

Abstract

Cartel behavior is one of the activities that has received serious attention in Indonesian competition law. In some cases, cartels are also carried out by the same business actors, who in previous cases, have been found guilty of cartel. This article proposes that the optimal way to deal with cartels in Indonesia requires the imposition of criminal sanctions, such as imprisonment, against individuals who are responsible for the occurrence of cartels. Imprisonment will have a deterrent effect on the offenders of criminal acts. This paper is carried out with an analytical descriptive method with a normative legal approach by analyzing the Commission’s awards that punish the same business actors for repeatedly cartel offenses and also analyzing the laws and regulations of business competition and the Criminal Code as well as related laws and regulations applicable in Indonesia. The criminalization of individuals responsible for the occurrence of cartels is very urgent to be applied in Indonesia to provide a deterrent effect to cartel perpetrators.
THE LEGAL PROTECTION OF PATENTS ON PHYTOPHARMACEUTICAL PRODUCTS IN INDONESIA: CASE STUDIES AND THEORETICAL PERSPECTIVES Tjandrawinata, Raymond R.; Budi, Henry Soelistyo
International Journal of Social Service and Research Vol. 4 No. 12 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i12.1160

Abstract

Indonesia has great potential in the development of biowealth-based phytopharmaceutical products, considering its rich natural wealth and traditional medicine traditions. This study uses theories of legal utilitarianism, distributive justice, and legal positivism to explore the challenges facing Indonesia, as well as opportunities for more inclusive and adaptive reforms. This analysis employs a normative juridical approach, focusing on the analysis of written laws, regulations, doctrines and legal interpretations related to patent protection for phytopharmaceutic products. This approach enables a thorough understanding of the patent legal framework in Indonesia and its practical implementation. The case study method is used to evaluate several patents registered with the Directorate General of Intellectual Property (DJKI). The results show that Indonesia is facing a number of complex legal challenges in the patent registration process, ranging from barriers to novelty criteria and inventive steps to lengthy administrative processes. In addition, Indonesia needs to strengthen its national patent system and intellectual property protection strategies to ensure that local communities benefit fairly from the use of their traditional knowledge. This research could investigate how these mechanisms influence innovation within local communities and their role in fostering sustainable practices.
Co-Authors Agustianto Agustianto, Agustianto Bintan R. Saragih Disemadi, Hari Sutra Febriani, Nathania Girodon-Hutagalung, Matahari Hari Sutra Disemadi Heliany, Ina Irawati, Jovita Jur. M. Udin Silalahi Lu Sudirman Manashi Kalita Michael Sofian Tanuhendrata NURLAILY, NURLAILY Pangaribuan, Freddy Leonardo Park, Jihyun R. Gratikana Ningrat Raymond R. Tjandrawinata Rina Shahriyani Shahrullah Ritonga, Anshari Sibuea, Hengki M. Silviani, Ninne Zahara Soerodjo, Irawan Stevenson, Thio Jerry Suyudi, Aria Tan, Winsherly Tonny Pongoh Windi Afdal, Windi