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All Journal Syariah: Jurnal Hukum dan Pemikiran Journal of Law and Policy Transformation
Ampuan Situmeang
Fakultas Hukum, Universitas Internasional Batam
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal of Law and Policy Transformation

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Perlindungan Hukum Terhadap Pencipta atau Pemegang Hak Cipta Lagu Dalam Pembayaran Royalti Ampuan Situmeang; Rita Kusmayanti
Journal of Law and Policy Transformation Vol 5 No 1 (2020)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v5i1.798

Abstract

Intellectual property is the result of a work for an author that has exclusive rights that only exist and are attached to the owner or bearer of rights of a work. Other parties craving to use or use the copyright need to create or produce the work required in obtain the author's permission. The problems in this research were how is the legal protection for the creator or copyright holder of the song to the payment of royalties and how to complete the objection to approve the use of the song without paying royalties. This research used normative research methods. Normative research is research on literature or document studies that support secondary research. Data collection from the results of the study was then analyzed by the author by qualitative-descriptive. Which is the type of research that aims to obtain about how the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. Based on the research results and discussion, it can be concluded the use of exclusive rights to economic rights that are still not properly implemented which requires an increase in the Author or the Copyright Holder. The formation of LMKN is a form of protection given by the Government to the copyright of songs given also provides tariffs on royalties that must be agreed by the User. Dispute resolution can be done through litigation and non-litigation. Dispute resolution involving different countries can be done through the WIPO Arbitration and Meditation Center.
Perlindungan Hukum Kreditur dan Debitur dalam Pelayaran di Indonesia Ampuan Situmeang; Taufik Polim
Journal of Law and Policy Transformation Vol 4 No 1 (2019)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v4i1.411

Abstract

Indonesia's strategic sea location is one of the most demands by local and foreign shipping. Shipping becomes an element of nation's economy and government’s concern. This is proven by the issuance of Law No. 17 of 2008 concerning Shipping which regulates implementation, legal protection of community, especially shipping companies, both debtors and creditors, judges, trustees and related institutions. Yet, it cannot implement effectively because Article 223 of Law No. 17 does not have a Ministerial Regulation governing the procedures for its implementation, consequently it disadvantages and leads to a loss for creditors and debtors. This study uses a normative legal research method which examines the secondary materials which is supported by a primary data. The Progressive Legal Theory is used by this study. It argues that there must be a procedure which links the implementation of shipping claims and the legal actors both creditors - debtors, judges and harbourmaster. They must pay attention to ethics and procedures in making decisions. In this regard, a Ministerial Regulation governing the claim procedures must be established.
Co-Authors Abdul Rachman Elza Syarief Rita Kusmayanti Taufik Polim Winsherly Tan