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All Journal JURNAL MAGISTER HUKUM UDAYANA JURNAL ILMIAH ADVOKASI Risalah Hukum Fundamental : Jurnal Ilmiah Hukum Jurnal Indonesia Sosial Teknologi Yuriska : Jurnal Ilmiah Hukum
Emilda Kuspraningrum
Fakultas Hukum Universitas Mulawarman
Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Asas Iktikad Baik Dalam Pencegahan Dan Penyelesaian Tindakan Penyerobotan Nama Domain (Cybersquatting) Di Indonesia Jedi Aleksander; Emilda Kuspraningrum; Febri Noor Hediati
Yuriska: Jurnal Ilmiah Hukum Vol. 17 No. 2 (2025): AGUSTUS
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v17i2.3629

Abstract

Background: Every person has the right to own a domain name based on the principle of first come first served registration. However, cybersquatting occurs when domain names are registered earlier using registered trademarks or other well-known names, causing harm and violating the rights of others. Cybersquatting poses legal issues because perpetrators exploit weaknesses or gaps in the first-come, first-served principle, which does not involve substantive examination. The principle of good faith plays an important role in protecting those harmed by domain name registrations under the law, especially considering that Indonesian legislation has not yet specifically regulated cybersquatting. Research Metodes: This research employs a doctrinal research method, which involves examining legal principles, norms, doctrines, and relevant statutory provisions, both from primary and secondary legal sources, to answer the research questions raised in the study. Findings: This research shows that, besides the Law on Information and Electronic Transactions, the principle of good faith in the context of domain names is also found in several other regulations, namely the Trademark Law, Uniform Domain Name Dispute Resolution Policy (UDRP), and PANDI Policy. Referring to these regulations, the principle of good faith has specific forms and limitations that can serve as benchmarks to assess whether the process of registering and using a domain name violates good faith, where violations of this principle may be indicated as acts of cybersquatting. Good faith can be used as a legal protection instrument to prevent and resolve cybersquatting, even though there is no specific regulation regarding cybersquatting in Indonesia. However, prevention still needs improvement because the domain name registration system lacks substantive examination related to trademarks, thus leaving opportunities for domain registrations that potentially infringe on the trademark rights of others. Conclusion: There is a need to establish a stricter examination mechanism within the domain name registration system to prevent cybersquatting from occurring at the initial stage of registration. Given the strong correlation between domain names and trademarks, the absence of a trademark-linked examination process allows the registration of domain names that may potentially conflict with the trademark rights of other parties. This measure would also serve to strengthen the authority of registrars and registries to reject domain name applications that do not meet the requirements of good faith, thereby helping to prevent acts of cybersquatting.
AKIBAT HUKUM PENYELENGGARAAN KONSER MUSIK TANPA LISENSI TERHADAP PEMBAYARAN ROYALTI HAK CIPTA Dhani Ari Sanjaya; Emilda Kuspraningrum; Grizelda Grizelda
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.7007

Abstract

This copyright provides protection to creators, ensuring that they have exclusive control over the production, distribution, and presentation of their work, as well as obtaining fair royalties for the effort and creativity they have put in. This study uses a type of socio legal research approach to examine the implementation of regulations on the withdrawal of royalties for song/music users in the implementation of music concerts that are not bound by license agreements in Samarinda City and to examine the effectiveness of receiving royalties from copyright holders in the implementation of music concerts that are not bound by license agreements in Samarinda City. Based on the results of the study, it is known that first, the implementation of regulations related to the royalty withdrawamechanism regulated in Government Regulation Number 56 of 2021 concerning the Management of Song/Music Copyright Royalties, in practice in Samarinda City has not run as expected by this regulation. Second, public awareness of the obligation to pay royalties is quite good, but only the mechanism for receiving royalties is different. The public, especially song/music users and copyright holders, runs a mechanism that is considered more effective, efficient, and on target and the royalty results can be felt directly by the creator and/or copyright holder, namely direct payment.Keywords: Copyright, Royalty, Song/Music Users, Creator, Copyright Holder
RELEVANSI DOKTRIN WORK MADE FOR HIRE DALAM KARYA KECERDASAN BUATAN: TINJAUAN HUKUM HAK CIPTA INDONESIA Rayhan Surya Gemilang; Emilda Kuspraningrum; Setiyo Utomo
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6601

Abstract

The rapid development of artificial intelligence (AI) has raised various legal issues, particularly regarding the determination of copyright ownership of works produced with the assistance or intervention of AI systems. In the context of Indonesian law, there are currently no specific regulations governing the legal status of AI-based works, resulting in a legal vacuum in the copyright regime. Based on the principle of the rule of law as stipulated in the 1945 Constitution of the Republic of Indonesia, the state has the authority to formulate regulations to ensure legal certainty and protection in the field of intellectual property. This study aims to analyze the regulation of artificial intelligence from a copyright law perspective through a comparative approach to regulations in several countries and to examine the relevance of applying the work made for hire doctrine as a normative solution in Indonesian law. The research method used is doctrinal legal research with a legislative and comparative law approach. The results of the study show that several countries, such as the United States, the United Kingdom, and China, have developed regulatory frameworks or specific legal doctrines to address copyright issues over AI-based works. In contrast, Indonesia still does not have specific regulations that accommodate these developments. Therefore, this study recommends the need to update Law Number 28 of 2014 concerning Copyright by integrating provisions regarding artificial intelligence, one of which is through the limited adoption of the work made for hire doctrine, in order to provide legal certainty and copyright protection that is adaptive to technological developments.Keywords: work made for hire; copyright law; artificial intelligence; legal reform; intellectual property
Co-Authors Amsari Damanik Deny Slamet Pribadi Dhani Ari Sanjaya Febri Noor Hediati Flambonita, Suci Grizelda Grizelda Grizelda Grizelda Haris Retno Susmiati Jedi Aleksander Mahendra Putra Kurnia Puput Cahyani Rayhan Surya Gemilang Rika Erawaty Robby Awaluddin Jamil Setiyo Utomo Sofwan Rizko Ramadoni Suartini