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Journal : Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Perlindungan Hukum Pencipta Musik Pada Penghimpunan Dan Pendistribusian Royalti Platform Digital Spotify Rafi Faturahman; Budi Agus Riswandi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research is motivated by the reality that the use of music and songs on the Spotify digital platform is utilized by irresponsible people by pirating. The problem in this study is, first, how is the legal protection of the creators of the collection and distribution of royalties for Spotify digital platform music works. Second, what are the legal remedies if there is no legal protection for the creators of Spotify digital platform royalty collection and distribution This research is a type of normative research. The approach used in this research is sociological. The object of research in this study is the legal protection of creators of musical works on the Spotify digital platform, along with legal efforts. The subject of this research is Bagus Rian as a musician or songwriter on the Spotify digital platform. The data sources used in this research are primary data sources supported by secondary data sources. The data collection techniques used in this research are interviews, document studies, and literature studies. This research uses qualitative juridical analysis. The results of this study state that the legal protection of music and song creators on the collection and distribution of Spotify's digital platform only removes pirated music and song content. The Spotify digital platform has no special provisions or mechanisms related to the economic rights of music creators. The arrangements on Spotify's digital platform are also not in line with the ideals of Indonesian laws and regulations regarding the collection and distribution of royalties.
Pendaftaran Merek Kolektif Sentra Gudeg Wijilan Di Kota Yogyakarta Ditinjau Dari Undang–Undang Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis Sherina Puspita Salsa Bela; Shakira Wandari Putri; Sheila Noor Baity; Budi Agus Riswandi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Yogyakarta City is an area known as a tourist destination for tourists who have culinary tourism attractions, one of which is gudeg. Gudeg as an icon as well as a typical culinary of Yogyakarta City is also preserved by the community and supported by the Government with the establishment of gudeg industry centers, including the Wijilan Gudeg Center as a popular gudeg culinary tourism center. Although known as the Wijilan Gudeg Center, the fact is that most gudeg traders in the area have not registered their brands with the Ministry of Law and Human Rights through the Directorate General of Intellectual Property Rights due to the lack of knowledge of gudeg traders regarding the importance of legal protection for gudeg brands. The method used in this study is the empirical juridical method through a statute approach which is then analyzed using descriptive analysis. The results of the study indicate that gudeg traders in the Wijilan Gudeg Center area have the potential to register brands collectively which are used as an alternative to legal protection for brands for gudeg traders according to Law Number 20 of 2016 concerning Brands and Geographical Indications.
Gagasan Pengaturan Artificial Intelligence Sebagai Subjek Hukum Di Indonesia Nada, Fatimah; Abqori, Favian Faruq; Fatimah.RH, Dinda Ratu Nur; Rahadiyan, Inda; Riswandi, Budi Agus
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research explores the possibility and concept of regulating Artificial Intelligence (AI) as a legal subject in Indonesia. With rapid advancements in AI technology, AI can perform tasks requiring human-like intelligence, raising questions about its legal status. In some countries, AI has been used to assist in resolving legal issues, demonstrating its potential to be considered a legal subject. In Indonesia's positive law, legal subjects currently include humans (natural persons) and legal entities (legal persons). However, since AI can perform actions that resemble or replace human work, AI is considered to have rights and obligations that need to be regulated by legal norms. This study uses a normative juridical method to analyze existing regulations and the potential regulation of AI as a legal subject. The results show that although AI has significant capabilities, regulating AI as a legal subject faces considerable challenges. The study concludes that regulating AI as a legal subject in Indonesia requires in-depth study and multidisciplinary discussion. Appropriate and balanced regulations are needed to protect the rights and interests of society in this digital era, given that AI continues to evolve and has the potential to bring significant changes in various sectors of life.
Sistem Deklararatif Hak Cipta terhadap Suatu Gambar Sketsa yang Di-Upload di Instagram Muhammad Fakhrihassan; Budi Agus Riswandi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Although technological development provides open to various types of content on social media, it leads to a tendency among society to overlook the integrity of a creator's copyrighted works. Consequently, copyright protection in the digital era aims not only to safeguard the interests of creators but also to maintain respect for creativity and innovation. This study seeks to analyze the application and legal implications of the declarative system as a form of automatic copyright protection for sketches uploaded to Instagram. The research questions focus on how the declarative system offers protection and how this affects the creator’s legal position. The combination of normative legal research methods with statutory and analytical approaches not only assists in answering the research questions but also opens new perspectives regarding copyright application in a digital context. The findings reveal that the act of announcement is not the sole obligation required to obtain automatic protection for works. Declarative protection is inherent from the moment a sketch is realized in a tangible form. Uploading the sketch produces legal implications by establishing exclusive rights for the creator that must be respected by others, along with the responsibility of electronic system providers to ensure a conducive environment for users.