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All Journal Jurnal Hukum Lex Generalis Pancasila and Law Review
Muhammad Habibi
Universitas Lampung
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematics Intellectual Property Rights of Music Industrialization Indonesia After The Easy Trying of Creating Work Muhammad Habibi
Pancasila and Law Review Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v3i1.2353

Abstract

Since the Government of Indonesia through President Joko Widodo ratified regulations regarding job creation (ciptaker) in 2020 which is expected to boost the Indonesian economy. However, instead of being supported, this regulation was opposed because it was projected that it would harm some people, especially in terms of Intellectual Property Rights (HaKI). Although basically the Copyright Act itself has reached the protection of intellectual property rights, but not in full. This creates a phenomenon that occurs in the music industry today which is experiencing many problems, including various copyright infringements committed by cover singers through the Youtube application. This research is a normative research using a statutory and conceptual approach. The results of this study show that the Government Regulations that were formed in relation to the ease of doing business have not been able to ensnare business actors on Youtube who plagiarize songs created through national music industry companies. The government should revise Government Regulation Number 56 of 2021 concerning Song and Music Royalties in Indonesia to ensure legal protection for songwriters in Indonesia from piracy of the works of cover singers through the Youtube application.
Tinjauan Yuridis tentang Doktrin Fair Use dalam Undang-Undang Hak Cipta Indonesia dan Implikasinya terhadap Pengembangan Software Muhammad Habibi; Rohaini; Bayu Sujadmiko
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.860

Abstract

The application of the fair use doctrine in software development in Indonesia still faces significant challenges, both in terms of regulation and law enforcement. The absence of specific arrangements in the Copyright Law leads to legal uncertainty that can hamper innovation in the technology sector. In the digital era, a balanced copyright policy is needed to support the growth of the creative industry while protecting the rights of creators. This article analyzes the problems of fair use regulation in Indonesia, especially in the context of software development, by comparing it with policies in other countries such as the United States. The results show the need to develop a more detailed evaluation framework to ensure a balance between copyright protection and technological innovation. In addition, education and socialization related to the concept of fair use is a strategic step to increase public understanding and industry players. With policies that support innovation, Indonesia can strengthen its global competitiveness while promoting sustainable economic development.
Co-Authors Bayu Sujadmiko, Bayu Rohaini