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All Journal JURNAL MAGISTER HUKUM UDAYANA JIPRO : Journal Of Intellectual Property Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Rr. Aline Gratika Nugrahani, Rr. Aline Gratika
Fakultas Hukum Universitas Trisakti
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

 1 
DIHIDUPKANNYA KEMBALI PATEN NOMOR IDP000028054 BERDASARKAN UNDANG-UNDANG PATEN: Revival of Patent Number IDP000028054 Under the Patent Law Anastasya y; Rr.Aline Gratika Nugrahani
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19592

Abstract

A right to a Patent may be removed for certain reasons. In the case of a Patent IDP000028054 in the form of a U Profile is abolished because the owner of the Patent is considered negligent in making payment of the annual fee of the Patent. So the issue that arises is whether the judge's reasons and considerations in the deletion of the U Profile Patent are in accordance with the Patent Law and whether the judge's consideration of the revival of the U Profile Patent that has been abolished is in accordance with Article 141 of the Patent Law. In order to answer this problem, normative research is carried out which is descriptive analysis sourced from secondary data taken through document and literature studies. Data processing is carried out qualitatively, then conclusion making is carried out using deductive logic methods.As per the analysis of this ruling, it is known that the deletion of the U Profile Patent is unlike the applicable provisions under the Patent Law and the judge's consideration relating to the revival of the U Profile Patent is in accordance with the Patent Law
PENGGUNAAN KARYA CIPTA FONT ‘OM TELOLET OM’ PADA PRODUK GREENFIELDS: The Use of Copyright Works in the the Form of Font ' Om Telolet Om' on Greenfields Product Stella Monica Izabelle; Rr. Aline Gratika Nugrahani
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19645

Abstract

As the owner of the ‘Om Telolet Om’ font, Arwan OD objected to using his font for the Greenfields brand. The font is used in writing attached to the Greenfields milk packaging. This study aims to find out how the Copyright Law protects fonts as copyrighted works and whether the use of the ‘Om Telolet Om’ font by Greenfields products is a copyright infringement. The research uses normative legal research methods, with secondary data supported by primary data. Based on the results of the research, it is known that based on Article 40 of the Copyright Law Number 28 of 2014, fonts are copyrighted works in the field of calligraphy art so the use of the font ‘Om Telolet Om’ without permission on greenfields milk packaging is a violation of the economic rights of the creator.
PENGGUNAAN KARYA CIPTA FONT ‘OM TELOLET OM’ PADA PRODUK GREENFIELDS: The Use of Copyright Works in the the Form of Font ' Om Telolet Om' on Greenfields Product Izabelle, Stella Monica; Nugrahani, Rr. Aline Gratika
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19645

Abstract

As the owner of the ‘Om Telolet Om’ font, Arwan OD objected to using his font for the Greenfields brand. The font is used in writing attached to the Greenfields milk packaging. This study aims to find out how the Copyright Law protects fonts as copyrighted works and whether the use of the ‘Om Telolet Om’ font by Greenfields products is a copyright infringement. The research uses normative legal research methods, with secondary data supported by primary data. Based on the results of the research, it is known that based on Article 40 of the Copyright Law Number 28 of 2014, fonts are copyrighted works in the field of calligraphy art so the use of the font ‘Om Telolet Om’ without permission on greenfields milk packaging is a violation of the economic rights of the creator.
PENGGUNAAN KARYA CIPTA VLOG PADA YOUTUBE OLEH FAKE ACCOUNT: The Usage of Copyright Vlog by a Fake Accountuser on YouTube Rengkung, Ashley Juniare Maria; Nugrahani, Rr. Aline Gratika
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/snnn9f88

Abstract

Social media has become a platform for many people to express themselves, sharing stories and also a place to find entertainment. Behind the benefits of social media, it does not rule out the possibility of causing negative impacts when using it. For example, as if in the Facebook Platform, there are many violations of the Copyright Law where someone with a Fake Account without the consent of the creator steals thatperson's work and then uploads it again with the aim of taking economic rights from the creator. This research will discuss the use of Vlog by Fake Accounts according to Law Number 28 of 2014 concerning copyright and sanctions given by the Facebook platform to owners of Fake Accounts on its platform. The type of research used is normative legal research with secondary data, which is supported by primary data.The nature of the research is descriptive and conclusions are drawn using deductive reasoning. Based on the research results, it was concluded that many cases of copyright infringement occurred on existing social media, especially Facebook, one of which was the use of Vlog works by Fake Accounts, but in handling this Facebook has community standards which on the facebook.com website specifically "Policy and reporting" process as to the severity of the violation of the reported account, with two outputs, namely temporary blocking or permanent blocking.
ROYALTI HAK CIPTA PADA KONSER MUSIK HUT BNI TAHUN 2022 BERDASARKAN PP NO 56 TAHUN 2021 TENTANG PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN/ATAU MUSIK: The Copyright Royalties for the BNI Music Concert in 2022 are Based on Presidential Regulation No. 56 of 2021 Concerning the Management of Copyright Royalties for Songs and/or Music Samhita, Ni Made Anjani Cinta; Nugrahani, Rr. Aline Gratika
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/p3r4hv81

Abstract

This research aims to provide an overview of royalty payments for the BNI Anniversary music concert in 2022 based on Government Regulation No. 56 of 2021. The concert featured several bands and 15 musicians who performed both their own compositions and those of others, while the concert audience was not charged any fee (free of charge). The research method employed was normative research, utilizing secondary data supported by interviews. The findings indicate that the organizers of the BNI Anniversary Music Concert 2022 have a duty to make royalty payments to the National Collective Management Organization (LMKN). The royalty payment rates for music concerts are in accordance with the Decree of the Minister of Law and Human Rights of the Republic of Indonesia No. HKI.2.OT.03.01-02 of 2016, which states that free and paid music concerts have different rates. Therefore, the BNI Anniversary Concert 2022 is still obligated to fulfill its duty to pay royalties.
PROBLEMATIKA CAKUPAN WILAYAH INDIKASI GEOGRAFIS PISANG TONGKA LANGIT AMBON: The Area Coverage Issues in Geographical Indications Pisang Tongka Langit Ambon Wardani, Aulia Tri; Nugrahani, Rr. Aline Gratika
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/xkjfna15

Abstract

Indonesia is a tropical country that is rich in natural resources and has a very diverse biological and animal diversity from various regions. Each region in Indonesia has processed products that contribute to the distinctive characteristics of each region which can certainly improve the economic value in the region. Legal protection is needed to guarantee the authenticity of the origin of a product produced. This is what gives rise to a geographical indication. A product that aspires to be designated a geographical indication must possess a certain degree of uniqueness or distinctive characteristics. One illustrative example of a geographical indication product is the Pisang Tongka Langit, an endemic variety native to Eastern Indonesia, particularly the Maluku and Papua regions. The city of Ambon is one of the principal locations where this banana is processed. In order for a product to be designated as a geographical indication, it is necessary to have a certain sign that demonstrates the origin of the product from a specific area or region and possesses distinctive features or characteristics that differentiate it from other regions. Therefore, it is necessary to know the standard coverage area that can be used for naming a geographical indication product.
KATA “NENEN” SEBAGAI MEREK WARUNG: The Word “Nenen” as a Stall Brand Sinta Anjani Hastaningrum; Aline Gratika Nugrahani
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23999

Abstract

Trademark registration is done to provide legal protection against the use of trademarks by other parties. Protected trademarks are those that meet the registration requirements in accordance with Article 20 of Law No. 20 Year 2016 on Trademarks and Geographical Indications. However, in reality there are still many applications for trademarks that do not meet these requirements, but the registration is accepted by the Directorate General of Intellectual Property / DJKI so that the trademark is protected and one of them is the ‘Warung Nenen’ trademark. The identification of the research problem is whether the word ‘Nenen’ in the ‘Warung Nenen’ trademark meets the requirements of Article 20 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, and what is the basis for the DJKI's consideration to approve the registration of the ‘Warung Nenen’ trademark. The research method employed is normative juridical, descriptive in nature, utilizing primary and secondary data collected through interviews and literature studies, and the data are analyzed qualitatively. The conclusion shows that although the word ‘Nenen’ is less ethical/less polite, the registration of the ‘Warung Nenen’ trademark is still accepted by the DJKI as a party that has the authority to examine the trademark.
ANALISIS TERHADAP NILAI KEBARUAN INVENSI VIRTUAL PRESENTER ARTIFICIAL INTELLIGENCE MILIK INEWS MEDIA GROUP: Analysis of the Novelty Value of the Artificial Intelligence Virtual Presenter Invention Owned by iNews Media Group Monnalysa Julyan Chairul; Aline Gratika Nugrahani
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24012

Abstract

The iNews Media Group, before submitting its invention to the Directorate General of Intellectual Property Rights, had already launched its invention, namely the Artificial Intelligence Virtual News Presenter in the form of a talk show titled "The Future of Artificial Intelligence Journalism" on August 3, 2023. The issue addressed by the author is whether the moment of the talk show titled "The Future of Artificial Intelligence Journalism," which simultaneously publicized iNews Media Group's Virtual Presenter invention of Artificial Intelligence, diminishes the novelty value of the invention. By using normative research methods, the author hopes to find an answer to the problem outlined. This research concludes that the publication of iNews Media Group's virtual presenter invention of Artificial Intelligence in the talk show falls under the exceptions category as stipulated in Law Number 13 of 2016 concerning Patents Article 6. However, because it has exceeded the tolerance period set by the inventor before patent application, it diminishes the novelty value. Therefore, the author recommends that before applying for a patent, iNews Media Group should first upgrade its Artificial Intelligence virtual presenter invention to maintain novelty value.
TINJAUAN HAK CIPTA TERHADAP PENGGUNAAN DEEPFAKE TERHADAP LAGU “KOMANG” BERDASARKAN UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA: A Copyright Review on the Use of Deepfake on the Song ‘Komang’ Based on Law Number 28 of 2014 on Copyright Magdalena Yossi Dian Madani; Aline Gratika Nugrahani
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24272

Abstract

The skyrocketing development of technology has also changed the ecosystem of the domestic music industry. In mid-2023, many uploads on the TikTok application are in the form of song reconstruction efforts using software or applications to change the original sound with different input sounds. This research is intended to prove the existence of copyright infringement against Raim Laode based on Law No. 28 of 2014. This study identifies problems concerning the fulfillment of moral and economic rights of the song creator Raim Laode and the use of the song as a reconstruction medium with President Joko Widodo’s voice. Based on the findings, the use of song reconstruction through deepfake without permission harms the creator as no economic rights were shared.. This type of research is normative which is descriptive in nature and uses secondary data as supporting data using literature studies as an analytical method obtained qualitatively by drawing deductive conclusions. With the results of the research and conclusion, it was found that the action violates Articles 5 and 9 of Law Number 28 of 2014 on Copyright, both in terms of the moral and economic rights of the creator.
Co-Authors Alexandra Nicole Karauwan Anastasya y Cindy Rahmaputri Refra Faradila Sabrina Halim, Suci Lestari Izabelle, Stella Monica Lady Vera Verev Larasati Phasa Januari Laura Marthilda Rawentinah Kigogo Lydia Amelia Magdalena Yossi Dian Madani Matheus Surya Pribadi Wadapone Monnalysa Julyan Chairul Muhammad Syaroni Putra Natasha Ratulangi Noor Alvy Bintang Rania Maharani Rengkung, Ashley Juniare Maria Samhita, Ni Made Anjani Cinta Shafa Bakadam Sinta Anjani Hastaningrum Stella Monica Izabelle Wardani, Aulia Tri