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Mahfud Fahrazi
Magister Ilmu Hukum Universitas Islam Kadiri
Law, Crime, Criminology & Criminal Justice

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Implementation of Legal Protection of Photographic Works Based on Article 40 Paragraph (1) Letter K of Act Number 28 of 2014 Concerning Copyrights Dewi Narakarti; Mahfud Fahrazi; Dwi Sisbiantoro
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3982

Abstract

Legal protection for photographic works has been regulated in Act Number 28 of 2014 concerning Copyright. The more people who are connoisseurs and practitioners of photography, as well as the methods and patterns of publication in the field of photography, the more interesting it is to analyze how the law is applied in society. This study aims to analyze the application of legal protection to photographic works based on Article 40 paragraph (1) Letter K of Act Number 28 of 2014 concerning Copyright, as well as what efforts should be made by the government to provide protection for photographic works. This research was conducted by empirical method. The results of this study indicate that the implementation of legal protection for photographic works based on Article 40 paragraph (1) Letter K Act Number 28 of 2014 concerning Copyright is still lacking in its application, due to several factors that become obstacles. Many parties are actually aware of the existence of protection for photographic works, but many also underestimate the violations committed. This happened due to several factors, including firstly a lack of understanding of the protection of Photographic Copyrights. As well as the government should make more efforts to disseminate understanding about the importance of protecting copyrighted works of photography, because regional offices of the Directorate General of Intellectual Property Rights are only in big cities, it is necessary for Regency or City Governments to participate in carrying out preventive and repressive legal protection efforts.
Consideration of The Judge of The State Court of Surabaya in The Crime Of Racism Evi Yufita; Zainal Arifin; Mahfud Fahrazi
UNISKA LAW REVIEW Vol 3 No 2 (2022): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v3i2.2848

Abstract

This study discusses the judge's considerations and progressive law in court decisions against defendants for racism crimes. Judges in their considerations and decisions have not fulfilled the aspects of justice and expediency. The purpose of this study is to analyze the judgments of the Surabaya District Court judges in imposing a sentence on the perpetrators of the crime of racism in the decision number 3147/Pid.Sus/2019/PNSby and to analyze the decision number 3147/Pid.Sus/2019/PNSby in terms of progressive legal theory. The method used in this research is normative juridical. The results of this study are the judge's consideration of the case decision number 3147/Pid.Sus2019/PNSby disagrees with the judge's considerations regarding the criminal conviction given to Syamsul Arifin as a defendant in a criminal act of racism. Based on the facts, Syamsul Arifin was proven guilty and one of the evidences was the circulation of a video stating that the defendant deliberately used the word "monkey" aimed at Papuan students at the Jl. Kalasan No. 10 cities of Surabaya. The impact of the circulation of the video was a wave of demonstrations or demonstrations that occurred in various cities such as Jayapura, Sorong and Manokwari, resulting in the mass burning of the Manokwari City DPRD building. The riots that occurred had bad consequences because they threatened national security. The judge's decision in this case will be of no benefit to the community, especially the Papuan people, because the sentences given to the defendants are light and short. The application of sanctions can be categorized as less effective and this judge's decision does not meet the progressive legal theory because it has not fully met the values of certainty, justice and expediency. The judge should have considered the consequences of the defendant's actions that created national tension, resulting in many riots in various parts of the Indonesian state.
Co-Authors Dewi Narakarti Dwi Sisbiantoro Evi Yufita Zainal Arifin