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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Jurnal Hukum Sehasen Activa Yuris: Jurnal Hukum SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Harmonization
Abraham Ferry Rosando
Universitas 17 Agustus 1945 Surabaya
Arts Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN YURIDIS PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN/ATAU MUSIK MENURUT PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU DI INDONESIA Tanu Iswantono; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.295 KB) | DOI: 10.53363/bureau.v2i1.17

Abstract

Songs and musics are a creation of human being that being protected by the law. This protection is made for giving welfare for certain people that created the songs or musics, in economics or non-economics ways. For those, Indonesian government make some rules, from the very beginning like Undang-Undang Dasar Negara Kesatuan Republik Indonesia 1945 until the specific ones like Peraturan Pemerintah No.56. These rules also supported by many norms such as Peraturan Kementrian Hukum dan HAM, and the other positive law which exist in Indonesia. The purpose of this efforts is to decrease uncertainty law about songs and musics sharing profit in Indonesia
PERLINDUNGAN HUKUM PEMILIK MEREK TERDAFTAR TERHADAP PRAKTEK USAHA CURANG Siti Rofikhok; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.42

Abstract

In commerce, the brand as an intellectual work is important for the smoothness and improvement of trade. A mark has a function as an identifier to distinguish the products of a person or legal entity from those of other people or other legal entities. This is the reason why disputes over trademarks often occur and the need for legal protection for registered trademark owners.              Through these legal problems, two formulations of the problem were found, namely how the legal protection of registered trademark owners against fraudulent business practices and what the legal consequences for fraudulent business practices are. This research method uses normative legal research using three approaches, namely: the legal approach, the conceptual approach, and the case approach.              The findings of this study are that legal protection for brand owners is only for brand owners who have registered through law number 20 of 2016 concerning trademarks and geographical indications. Mark protection starts from trademark registration, trademark protection for a period of 10 (ten) years and can be extended for the same period of time, taking action against both civil lawsuits, criminal prosecution and administrative steps in the form of rejection of trademark registration and removal of trademarks
PENEGAKAN HUKUM KEPADA PENYANYI COVER DI YOUTUBE BERDASARKAN UNDANG-UNDANG HAK CIPTA Bramantyo Hutomo Ramadhana; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.47

Abstract

This..paper is intended to study and research related. to how to enforce the law against cover singers on the Youtube platform, because basically this activity will invite various opinions related to someone's copyright. In the discussion of this research, the author will use the type of normativ...Legaal. .reesearch. Normative legal reesearch is legal research to..find thee..Ruleof law, legalprinciples,and legaldoctrines in order to answerthe legalissue faced, normativelegal ressearch is carried out to fin,d solutions to existing legal issues. The results of several existing studies explain that one of the events found on online platforms, especially Youtube, is the frequent occurrence of violations related to song copyrights committed by Cover content creators, in this case republishing the copyrighted works of people as songwriters and.not awarre..of the iimportance..of the..ecconomic rights.and mo,ral..rightsof..th,e songwriter. From this incident, it..canbe..conclu,ded that.there is..no awareness and strict regulations regarding copyright of songs sung again on several online platforms, especially Youtube and also the importance of specific government regulations in the use of song copyrighted works on online platforms
SISTEM PEMUTUSAN HUBUNGAN KERJA PASCA BERLAKUNYA UNDANG-UNDANG CIPTA KERJA Sasmita Ahmad Isan; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.69

Abstract

The enforcement of labor law in Indonesia is certainly a very very interesting discourse to discuss, this is with the enactment of Law Number 11 of 2020 concerning Job Creation which has deleted, added, and changed some of the Articles in Law Number 13 of 2003 concerning Manpower. In fact, it has brought juridical implications for debate by a number of circles, because it not only invites practical problems, but also theoretic. termination of employment, to the obligation to negotiate after termination of employment. Second, the work copyright law has provided a demarcation line between the reasons for termination of employment, prohibitions on termination of employment, and the amount of rights in the form of severance pay, service award and compensation for rights that must be received due to termination of employment. , including the amount of rights due to termination of employment in Law no. 13 of 2003 concerning Manpower is much larger than Law no. 11 of 2020 concerning Job Creation
TINJAUAN YURIDIS PENYALAHGUNAAN ASET PROPERTI TANAH DAN BANGUNAN PT PLN (PERSERO) UNIT INDUK DISTRIBUSI JAWA TIMUR Mohammad Adam Jourdan; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.87

Abstract

Fixed assets are very important for a company. Many companies still consider the utilization of fixed assets as just an instrument for managing asset lists. Reality on the ground shows that many cases actually started with mismanagement and mismanagement of asset problems, resulting in significant losses. The formulation of the problem proposed by the author is how the pattern of securing property assets in the form of official homes at PT PLN's Distribution Main Unit in East Java is and how the legal remedies of PT PLN's East Java Distribution Main Unit are against misused assets. The research conducted by the author uses empirical legal research where empirical juridical legal research uses the rule of law, by means of legal research that examines the workings of law in society in this study. The result of the discussion is that the pattern of securing property assets of PT PLN East Java Distribution Parent Unit is as in Government Regulation No. 27 of 2014 concerning Management of Regional Property, there are several ways of securing assets including administrative aspects, physical aspects, legal aspects and aspects of utilization and legal remedies for PT. PLN is related to the misuse of official house property assets, namely controlling assets internally and if it is not biased, a subpoena is carried out by the High Prosecutor's Office
AKIBAT HUKUM TERHADAP PELAKU USAHA YANG MELAKUKAN PELANGGARAN HAK ATAS MEREK Desy Salsa Biela; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.157

Abstract

Brand is an important thing that is owned by business actors and is often said to be an asset of a business. For this reason, one of the intellectual property rights that the state is required to protect is the mark. Law No. 8 of 1999 Concerning Consumer Protection and Law No. 20 of 2016 Concerning Marks and Geographical Indications control brand rules in Indonesia. However, even though it has been protected, various trademark protections still occur and are mostly carried out by business actors. This study aims to investigate the legal consequences and accountability of business actors who abuse trademark rights. This study uses normative research methods and qualitative research approaches. The study's findings demonstrate that business actors who violate trademark rights may face civil or criminal liability from the original brand owner. The responsibility of business actors who violate trademark rights is regulated in the Trademark Law where the perpetrators can be subject to prison sanctions or witness compensation
STATUS KEPEMILIKAN TANAMAN YANG BERADA DI ATAS HAK ATAS TANAH MILIK ORANG LAIN Abd Hamid Bakir; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.172

Abstract

The principle of horizontal separation regulates the principle that separates land from the objects/buildings above it, meaning that the land owner does not automatically have the right to the objects/buildings above it, so whoever builds or builds them will own them. non-owner rights. The research used in this paper is using normative legal research, where normative legal research must be stated in a paper, it is sufficient to state that this research is legal research and an approach to legislation (Statute Approach). In this study, to find out the status of plants that are on other people's land, which is on the principle of horizontal separation of buildings, and plants that are on the ground are not part of the land. Land rights do not automatically include ownership of buildings and plants on it. In civil law there are 2 legal remedies: Ordinary legal remedies are appeal, cassation, and verzet in article 180 HIR. and Extraordinary legal remedies are resistance to third parties and under review (civil request).
PERLINDUNGAN NEGARA TERHADAP PRIVASI DATA PRIBADI DALAM LAYANAN SIM CARD DI ERA DIGITAL Zefaki Widigdo; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.210

Abstract

Personal data is fundamentally owned by everyone, often someone's personal data is misused by some people for the purpose of making a profit by selling someone's personal data. The sale of personal data is usually carried out on various sites and social media at different prices that have been set by the perpetrator. A person's personal data obtained is identical to cybercrime, namely hackers. A hacker is someone who is an expert in the field of technology and information who is able to retrieve databases by breaking into cybersecurity. The potential that can occur if personal data becomes public consumption or is held by someone will entrust the owner of personal data such as used for online loans, used by online gambling sites and so on. The loss of the owner of the personal data can be felt both materially and immaterially. There are so many victims of personal data leaks who complain about concerns about becoming public consumption. Based on this, this research aims to protect everyone's right to privacy to personal data. This research uses normative juridical research methods, with a statutory approach (Statute Aproache) and a conceptual approach to examine the legal protection of personal data from the consequences of sim card leaks, so that later a perscriptive conclusion is obtained. The right to protection of personal data has been guaranteed by law as stated in article 28G of the 1945 Constitution. The results of this study are expected to be able to provide views and solutions in addition to Indonesian law that has not been specifically regulated regarding the protection of personal data
TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA DALAM E-COMMERCE YANG DIRUGIKAN AKIBAT DUGAAN ORDER FIKTIF Bunga Andjani; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.211

Abstract

Today, the internet is able to create a new culture among people who are certainly ready to provide various services and conveniences with commercial transactions. As a result of technological developments, the emergence of e-commerce systems is considered very practical and easy to use. However, in the procedure for buying and selling transactions in e-commerce, disputes and problems often arise. One of the problems that often harms business actors is the withholding of funds on e-commerce platforms because there are allegations of fictitious orders or counterfeit orders. On this basis, this research was conducted to analyze the legal protection for business actors through electronic transactions in Indonesia regarding the withholding of funds due to alleged fraudulent transactions. The research method used in compiling the results of this research is normative legal research. The results of this study are that the relationship between business actors and e-commerce companies is a legal partnership relationship based on a partnership agreement. Protection for business actors can be seen in Article 6 UUPK, where business actors are entitled to payment for goods and if the payment funds are withheld, then the rights of business actors can be said not to be fulfilled. In addition to the UUPK regarding legal protection for business actors whose funds are withheld due to alleged fake orders, they can also refer to Article 21 paragraph (3) of the ITE Law
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENIPUAN YANG DILAKUKAN OLEH TRADING FOREX Isyma Eka Nurmardani; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.280

Abstract

Forex (Foreign Exchange) or Foreign Currency is defined as foreign currency and other means of payment. Forex is used to conduct or finance international financial economic transactions and has an official exchange rate record at the central bank. Forex (Foreign Exchange) or better known as Foreign Exchange is a type of trade or transaction that trades the currency of one country against the currency of another country. Forex trading involves major money markets in the world for 24 hours continuously with a high level of liquidity and acceleration of price movements. Agreements in forex trading transactions are based on Article 1320 of the Indonesian Civil Code. These provisions are less effective, considering that there are still many illegal brokers, who do not have licenses, and companies that have bad intentions with the intention of deceiving investors. Because the Commodity Futures Trading Act has not fully regulated the forex trading system. This research aims to examine legal protection for consumers against fraud committed by forex trading. The research method used is a statute approach, conceptual approach, and case approach. Data collection through legislation, books, publications, journals and research results
Co-Authors Abd Hamid Bakir Az Zahra Zain Auralia Bramantyo Hutomo Ramadhana Bunga Andjani Desy Salsa Biela Dinar Noviantoro Faradiba Najla Salsabila I Putu Riko Sariwisesa Isyma Eka Nurmardani Mochammad Alief Wahyu Firmansyah Mohammad Adam Jourdan Rocky Prayogo Safitri Mashuda Nurul Sasmita Ahmad Isan Siti Rofikhok Tanu Iswantono Zainal Abidin Zefaki Widigdo