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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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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.
Kontroversi Pembayaran Royalti Atas Hak Cipta Lagu Ahmad Dhani oleh Once Mekel Rr. Aline Gratika Nugrahani
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 1 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i01.p08

Abstract

This article aims to examine the articles in Law No. 28 of 2014 concerning Copyright, which was debated by Ahmad Dhani and Once as the basis for arguments regarding royalties. Ahmad Dhani is of the opinion that based on Article 9, Once as a vocalist must pay royalties when performing the songs of the Dewa band he created. Meanwhile, based on Article 23 according to Once, at a music performance, vocalists do not need to ask for permission or license and do not need to pay royalties, because there is an institution that specifically takes care of this, namely LMK (Lembaga Manajemen Kolektif). This article was written using normative research methods with a statutory and case approach. The first part discusses the background to the disagreement between Ahmad Dhani and Once, then it discusses royalties and its problems in Indonesia and the final part examines the accuracy of the articles used by Ahmad Dani and Once as the basis for arguments, so that it is found which articles should be used in resolve licensing and royalty issues. Finally, three conclusions can be drawn, first, the two articles mentioned above can be used as a basis for applying for licenses and collecting royalties for songwriters, only that Article 9 regulates in general that creators are entitled to licenses and royalties, while Article 23 delegates matters regarding licensing and withdrawal of song royalties can be done through LMK. Tulisan ini bertujuan menelaah pasal-pasal pada Undang-undang No. 28 Tahun 2014 Tentang Hak Cipta, yang dipergunakan oleh Ahmad Dhani dan Once sebagai landasan argumentasi terkait lisensi dan royalti hak cipta lagu. Ahmad Dhani berpendapat, Pasal 9 Undang-undang No. 28 Tahun 2014 Tentang Hak Cipta mewajibkan Once sebagai vokalis meminta ijin dan membayar royalti ketika membawakan lagu-lagu grup band Dewa yang diciptakannya. Sedangkan menurut once, berdasarkan Pasal 23 Undang-undang No. 28 Tahun 2014 Tentang Hak Cipta, pada sebuah pagelaran musik, vokalis tidak perlu meminta ijin dan tidak perlu membayar royati, karena telah ada Lembaga yang khusus mengurus hal tersebut yaitu Lembaga Managemen Kolektif. Tulisan ini menggunakan metode penelitian normatif dengan pendekatan perundag-undangan dan kasus. Hingga diperoleh kesimpulan bahwa kedua pasal tersebut di atas dapat dipergunakan sebagai dasar untuk pengajuan lisensi dan menarik royalti bagi pencipta lagu, hanya saja Pasal 9 mengatur secara umum bahwa pencipta berhak atas lisensi dan royalti, sedangkan Pasal 23 mendelegasikan urusan lisensi dan penarikan royalti lagu kepada Lembaga Managemen Kolektif.
PENAYANGAN FILM TANPA IZIN OLEH TVRI BERDASARKAN UU NO. 28 TAHUN 2014 TENTANG HAK CIPTA Faradila Sabrina; Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13409

Abstract

Copyright is an exclusive right that belongs to the inventor or right holder and is covered by legal protection. This implies that the author has the authority to let or forbid others from exploiting his creation. A film creator has issued a subpoena to TVRI, a government-owned broadcast organization, for his acts in airing the disputed movie without the creator's consent. A protected object under Article 40 of the 2014 Copyright Law No. 28 is film. The issue in this essay is whether TVRI, a government organization, needs permission to exhibit a copyrighted work and whether TVRI violates the law if it broadcasts a work without authorization. he nature of the research is descriptive and conclusions are drawn using the deductive method. Based on the results of TVRI's research, Article 5 paragraph (1) and Article 9 paragraph (1) of the Copyright Law and Article 7 paragraph (1) of the Public Information Disclosure Act were committed.
ANALISIS DI TAKE DOWN-NYA LAGU KEKE BUKAN BONEKA OLEH PIHAK YOUTUBE Alexandra Nicole Karauwan; RR. Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13417

Abstract

Kekeyi is the singer and composer of the song Keke Not a Doll. The video for the song Keke Not a Doll was uploaded to YouTube about six days ago. YouTube later removed the video because to a copyright claim made by Rini Idol-Aku Not a Doll. The main issue is whether or not Kekeyi's song Keke Not a Doll violates the copyright for Kekeyi's song I'm Not a Doll and whether YouTube's action in removing the song is an attempt to protect that copyright of Novi Umar. It is legal research, use secondary evidence, descriptive and uses the deductive method to reach findings. According to the research, the song I'm Not a Doll by Novi Umar is copyleft protected. As a result, YouTube's removal of the song Keke Not a Doll by Kekeyi is an effort to uphold copyright, and Kekeyi took a significant portion of the song I'm Not a Doll. Not a Doll, which is a feature of the song I'm Not a Doll, in which the majority of the song's lyrics are derived, as well as copyright infringement, is governed by Article 44 of Law Number 28 of 2014 concerning Copyright.
TERDAFTARNYA KATA UMUM "AJAIB" SEBAGAI MEREK PADA DAFTAR UMUM MEREK Shafa Bakadam; Rr. Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13621

Abstract

In the Intellectual Property Database, four words "Magic" were found which were used as trademarks with registered status. Article 20 letter f of Law Number 20 of 2016 concerning Marks and Geographical Indications states that a mark cannot be registered if it is a public name and/or a symbol of public property. The main problem is whether the word Magic is not included in the category of common words so that its registration is accepted and what are the legal consequences for the acceptance of registration of common words as a mark and what legal remedies can be taken based on Law Number 20 of 2016 concerning Marks and Geographical Indications. The research was conducted using normative legal research methods, with secondary data supported by primary data. The nature of the research is descriptive and conclusions are drawn using the deductive method. Based on the research results, the word Magic is a general word, so registration as a trademark cannot be accepted.
PEMBAGIAN HARTA BERSAMA MENURUT UNDANG-UNDANG PERKAWINAN DALAM KASUS PUTUSAN NOMOR 161/PDT.G/2019/PN.BDG Lydia Amelia; Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15284

Abstract

After marriage, unification of assets is created and called total assets. It’s undeniable many couples' quarrels leads to a divorce. In first degree divorce process, judge is obliged to carry out mediation process, and mediator accompanies the process as neutral party. If both parties agree to mediate, then the agreement is in form of settlement. However, what if the deed of reconciliation is submitted to a notary before filing for divorce, and some assets are not listed in the deed of reconciliation after final lawsuit is filed. The research’s problem: How is the distribution of joint assets according to Law Number 1 of 1974 and How does the effect of the Deed of Settlement on the distribution of joint assets in the case number 161/Pdt.G/2019 /PN. Bdg?. The research is a descriptive legal research, using secondary data, supported by primary data and The conclusions are drawn using deductive method. This research states that Article 37 of Law Number 1 of 1974 concerning Marriage that if a marriage is dissolved due to divorce, the assets settled in accordance with applicable laws and settlement agreement is made. There are no more disputes regarding the distribution of joint assets agreed in settlement document.
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.
PELANGGARAN TERHADAP KARYA CIPTA MATERI STAND UP KOMEDI RIDWAN REMIN: Use Of Stand Up Comedy Material Without The Author's Permission Based On Law On Copyright Cindy Rahmaputri Refra; Aline Gratika Nugrahani
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.20810

Abstract

Content relating to stand-up comedy is protected by copyright. The use of stand-up comedy content is basically protected by law, namely law number 28 of 2014 which regulates copyright, as shown by Ridwan Remin's use of stand-up comedy material by Vicky Prasetyo. The problem is, does the use of stand-up comedy material by Vicky Prasetyo belonging to Ridwan Remin violate Law Number 28 of 2014 concerning Copyright? and whether Vicky Prasetyo's actions using Ridwan Remin's material without permission include acts of violating copyright regulations. This type of normative research uses case and regulatory approaches, the type of research uses descriptive analysis, qualitatively analysed. The results and conclusions of the research are that stand-up comedy content is protected by copyright under Article 40 of Law Number 29 of 2014, and the use of Ridwan Remin's stand-up comedy content is unlawful under Article 44 of Law Number 28 of 2014 concerning Copyright.
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