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Putu George Matthew Simbolon
Universitas Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Social Sciences

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Penerapan Doktrin Fair Use Defense dan Prinsip Standar Minimum dalam Penyelesaian Sengketa Hak Cipta Putu George Matthew Simbolon
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.263

Abstract

This study aims to examine and analyze how disputes arising from copyright infringement can be resolved by applying the fair use defense doctrine in the copyright protection regime in Indonesia. This study uses normative legal research with the statute, conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that Indonesia must apply the doctrine of fair use defense as a mechanism in copyright dispute settlement. Despite its unfamiliarity in Indonesia, the fair use defense aligns with the principle of minimum standards and the FET principle regulated in the TRIPs Agreement. This agreement binds Indonesia under Law Number 7 of 1994. The proportionality of this doctrine has also been tested through legal findings by the U.S. Supreme Court, which is based on Section 107 of the U.S. Copyright Act. Therefore, it is recommended that the House of Representatives amend Law Number 28 of 2014 to include more specific clauses explaining what factors qualify as fair use. In addition to amending Law Number 28 of 2014, it is recommended that the Government or the Supreme Court establish implementing regulations for Law Number 28 of 2014 concerning factors that qualify as fair use of copyrighted works. On the other hand, researchers and academics are encouraged to conduct further research on applying the fair use defense doctrine. This research can also provide valuable recommendations for the Government and the House of Representatives in strengthening Indonesia’s legal framework and copyright protection regime.
PENYELESAIAN SENGKETA TANAH BERDASARKAN HUKUM POSITIF TENTANG PENYELESAIAN SENGKETA DI INDONESIA Hendri Jayadi; Tomson Situmeang; Poltak Siringoringo; I Dewa Ayu Widyani; L Elly AM Pandiangan; Putu George Matthew Simbolon
JURNAL Comunità Servizio : Jurnal Terkait Kegiatan Pengabdian kepada Masyarakat, terkhusus bidang Teknologi, Kewirausahaan dan Sosial Kemasyarakatan Vol. 5 No. 1 (2023): APRIL
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM), Univesitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/cs.v5i1.4287

Abstract

The purpose of this article is to provide an understanding of land dispute resolutions available under Indonesian regulations. This article is applying the normative method under the statutory approach. Furthermore, the writer may provide the discussion of this article by expressing that there are two main classifications of land dispute resolution forums. The first forum known as the non-adjudication forum consists of mediation, conciliation, consultation, and facilitation. Meanwhile, the second forum is divided into two sub-classification consisting of the adjudication method and the non-adjudication method. The adjudication method consists of dispute settlement through a district court triggered by an ownership right dispute, and a dispute settlement through an administrative court regarding the legality of a land certificate. Besides that, the second sub-classification of this adjudication method consists of dispute settlement through arbitration that can be triggered due to an arbitration agreement with land as its object.
Co-Authors Hendri Jayadi I Dewa Ayu Widyani L Elly AM Pandiangan Poltak Siringoringo Tomson Situmeang