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Sikap Hakim dalam Menerapkan Pasal 1321 KUHPerdata: Studi Putusan Pengadilan di Indonesia Natasya Yunita Sugiastuti; Rakhmita Desmayanti; Nahla Samir Ahmed Shahin
Jurnal Hukum IUS QUIA IUSTUM Vol. 30 No. 3: SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol30.iss3.art10

In legal science, coercion, error and fraud as regulated in Article 1321 of the Civil Code are classic defects of will. Parties who express an agreement without freedom, based on Article 1449 of the Civil Code, are given legal protection in the form of the right to request cancellation of the agreement. The problem is that the defect in the will lies in the process of forming the agreement so that it is impossible to obtain written evidence. In fact, letters are the main evidence in civil proceedings and hence the duty of the judge is to identify and to realize the formal truth. The aim of this research is to determine the judge's attitude in deciding whether there is a defect of will in forming an agreement. This normative legal research uses statutory, conceptual, case, and analytical approaches. Secondary data was obtained through literature study, the analysis was qualitative and concluded inductively. The research results show that there remain judges whose legal considerations are only based on proof that the parties have signed an agreement. There are also judges who look at the relevance of the surrounding legal facts thoroughly and comprehensively so that they can find any defects of will in the construction of the formation of the agreement.Keywords: Article 1321 Civil Code; Court ruling; Indonesia; Judge's Attitude. AbstrakDidalam ilmu hukum, paksaan, kekhilafan, dan penipuan sebagaimana diatur dalam Pasal 1321 KUHPerdata merupakan cacat kehendak klasik. Pihak yang menyatakan kesepakatan dengan tidak bebas, berdasarkan Pasal 1449 KUHPerdata diberikan perlindungan hukum berupa hak untuk mengajukan pembatalan perjanjian. Permasalahannya, cacat kehendak terletak pada proses terbentuknya kesepakatan sehingga tidak mungkin didapat bukti tulisan. Padahal surat merupakan alat bukti utama dalam proses perdata dan tugas hakim adalah mencari dan mewujudkan kebenaran formil. Tujuan penelitian ini adalah mengetahui sikap hakim dalam memutus ada tidaknya cacat kehendak dalam pembentukan kata sepakat. Penelitian hukum normatif ini menggunakan pendekatan perundang-undangan, konseptual, kasus dan analitikal. Data sekunder diperoleh melalui studi kepustakaan, analisisnya kualitatif, dan disimpulkan secara induktif. Hasil penelitian memperlihatkan bahwa masih ada hakim yang dalam pertimbangan hukumnya hanya didasarkan pembuktian bahwa para pihak telah menandatangani perjanjian. Ada juga hakim yang melihat relevansi fakta hukum yang melingkupinya secara menyeluruh dan komprehensif sehingga dapat menemukan adanya cacat kehendak pada konstruksi terbentuknya kesepakatan.Kata kunci: Indonesia; Pasal 1321 KUHPerdata; Putusan Pengadilan; Sikap Hakim.

PERLINDUNGAN TERHADAP PEMEGANG HAK CIPTA FILM KELUARGA CEMARA BERDASARKAN UNDANG-UNDANG HAK CIPTA Dani Ikhwanto; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In the protection of copyright infringement on internet-based means of copyright law in article 54 has set it. One of them is the supervision of the dissemination of copyrighted works. Law enforcement measures that can be taken by copyright holders to protect their work is mediation, based on the provisions of Article 95 Paragraph 4 UUHC to conduct criminal prosecution must first take dispute resolution through mediation. After that new copyright holders can sue criminally. The research was conducted with normative legal research methods using secondary data. Based on article 120 of the UUHC this criminal offense is a complaint offense. Article 105 of the Copyright Act also mentions the right to file a civil suit does not reduce the creator's right to sue criminally. If the copyright holder filed a lawsuit for compensation then according to Article 99 UUHC the lawsuit for compensation is submitted to the commercial court. The last step that can be taken by copyright holders is a report on the closure of content carried out to the Government in this case the Director General of IPR in collaboration with the Director General of APTIKA in accordance with the order of UUHC Article 56 Paragraph (2).

KARYA SINEMATOGRAFI YANG DI-REPOSTING TANPA IZIN PENCIPTA DALAM YOUTUBE BERDASARKAN UUHC Tamara Sindytia; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Copyright is an exclusive right owned by the creator that arises automatically based on the declarative principle after a creation is realized in a tangible form. In the Copyright law, one of the creations that are protected is Cinematographic Works contained in article 40 paragraph 1 letter M. Cinematographic works are creations in the form of moving images like video content contained on YouTube. This study uses a method with the type of normative legal research that is descriptive in nature and also primary data to support secondary data by conducting interviews with the parties concerned and this research is analyzed qualitatively. The conclusion of this study is that the act of reposting cinematographic works is a form of violation of economic rights and moral rights in which efforts that creators can take to avoid reposting are to turn on the content ID feature that has been provided by Youtube in this case to identify videos that have something in common with the creator. may register with the Directorate General of Intellectual Property as evidence in the event of a Copyright dispute and join the Collective Management Institute for the management of economic.

PROSES PEMBERIAN ROYALTI KEPADA AHLI WARIS (PAPA T BOB) BERDASARKAN UNDANG-UNDANG HAK CIPTA Adelia Permatasari; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Copyright is one of the rights of Intellectual Property Rights. Music/song is one of the works that is protected by copyright. In 2020, a children's songwriter named Papa T Bob died. The mechanism for awarding royalties for a creator who has died is still not clearly explained in Law Number 28 of 2014 concerning Copyright. Because of this, a problem arises in this material, whether the heirs need to be involved when the copyrighted work is used by other people and what is the process for awarding royalties to the heirs of the songwriters (Papa T Bob) based on Law Number 28 of 2014 concerning Copyright. The research method in this study uses normative methods, the nature of the research is descriptive-analytic with qualitative data analysis and draws conclusions using the deductive method. The results of the study illustrate that an heir needs to be involved if the copyrighted work is used for economic interests based on article 16 paragraph 2 of the Copyright Law, and the procedure for granting royalties based on the Copyright Law is carried out through the Collective Management Institution (article 87), which will be distributed to the respective copyright holders.

PERLINDUNGAN HUKUM PENCIPTA TERHADAP PLAGIASI DI APLIKASI WATTPAD BERDASARKAN UU HAK CIPTA Aqilah Shafa Qhintara Idris; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In this digital era, digital literacy is a form of work that is well known to many people, moreover, there are many platforms that are ready to accommodate digital literature writers, one of which is Wattpad, but due to the openness of any information on the internet, any work can be accessed by easy and free, that's why many people misuse it with plagiarism. The formulation of the problem is how is legal protection for creators of literary works whose works are plagiarized on the Wattpad application and what sanctions can be imposed on individuals who plagiarize on the Wattpad application. The type of research used is normative, the nature of the research is descriptive, the data sources use primary and secondary data, qualitative data analysis, and the method of drawing conclusions uses deductive logic. Based on the results of the analysis, it is concluded that legal protection for creators of literary works whose works are plagiarized has been provided internationally as well as in national legal instruments. In national legal instruments, the exclusive rights of creators of literary works are protected under Law no. 28 of 2014 concerning Copyright. Other parties who violate CW novels by plagiarizing can be given sanctions, namely in the form of civil sanctions and criminal sanctions.

ASILUM HAK CIPTA MUSIK YANG DIKOMERSILKAN TANPA HAK OLEH BISNIS KARAOKE Dena Trysa Aulia; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The case is about Rasa Sayang Karaoke Business Outlet Veranza/Broadway Surabaya which launches music broadcasts without permission from the creators/owners, copyright holders and without paying any royalties. For this reason, the author will conduct a research on how the asylum of copyright law arrangements for musical works that are used without rights by the Karaoke business of Rasa Sayang Surabaya based on Law number 28 of 2014 Concerning Copyright and what is the role of LMK in distributing royalties to creators whose songs are broadcast without rights by the karaoke business outlet Rasa Sayang Surabaya. The research conducted by the authors is normative and descriptive analytical legal research, using secondary data with primary data as supporting data and the conclusions are drawn using deductive method. The legal basis for the copyright of music works that are used without rights by the karaoke business is based on “Article 113 of Law No. 28 of 2014 concerning Copyright". The role of LMK in distributing royalties is to carry out a "socialization system" by sending several letters gradually.

PERLINDUNGAN TERHADAP PEMEGANG HAK CIPTA FILM KELUARGA CEMARA BERDASARKAN UNDANG-UNDANG HAK CIPTA Dani Ikhwanto; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13844

In the protection of copyright infringement on internet-based means of copyright law in article 54 has set it. One of them is the supervision of the dissemination of copyrighted works. Law enforcement measures that can be taken by copyright holders to protect their work is mediation, based on the provisions of Article 95 Paragraph 4 UUHC to conduct criminal prosecution must first take dispute resolution through mediation. After that new copyright holders can sue criminally. The research was conducted with normative legal research methods using secondary data. Based on article 120 of the UUHC this criminal offense is a complaint offense. Article 105 of the Copyright Act also mentions the right to file a civil suit does not reduce the creator's right to sue criminally. If the copyright holder filed a lawsuit for compensation then according to Article 99 UUHC the lawsuit for compensation is submitted to the commercial court. The last step that can be taken by copyright holders is a report on the closure of content carried out to the Government in this case the Director General of IPR in collaboration with the Director General of APTIKA in accordance with the order of UUHC Article 56 Paragraph (2).

KARYA SINEMATOGRAFI YANG DI-REPOSTING TANPA IZIN PENCIPTA DALAM YOUTUBE BERDASARKAN UUHC Tamara Sindytia; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13846

Copyright is an exclusive right owned by the creator that arises automatically based on the declarative principle after a creation is realized in a tangible form. In the Copyright law, one of the creations that are protected is Cinematographic Works contained in article 40 paragraph 1 letter M. Cinematographic works are creations in the form of moving images like video content contained on YouTube. This study uses a method with the type of normative legal research that is descriptive in nature and also primary data to support secondary data by conducting interviews with the parties concerned and this research is analyzed qualitatively. The conclusion of this study is that the act of reposting cinematographic works is a form of violation of economic rights and moral rights in which efforts that creators can take to avoid reposting are to turn on the content ID feature that has been provided by Youtube in this case to identify videos that have something in common with the creator. may register with the Directorate General of Intellectual Property as evidence in the event of a Copyright dispute and join the Collective Management Institute for the management of economic.

PROSES PEMBERIAN ROYALTI KEPADA AHLI WARIS (PAPA T BOB) BERDASARKAN UNDANG-UNDANG HAK CIPTA Adelia Permatasari; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13855

Copyright is one of the rights of Intellectual Property Rights. Music/song is one of the works that is protected by copyright. In 2020, a children's songwriter named Papa T Bob died. The mechanism for awarding royalties for a creator who has died is still not clearly explained in Law Number 28 of 2014 concerning Copyright. Because of this, a problem arises in this material, whether the heirs need to be involved when the copyrighted work is used by other people and what is the process for awarding royalties to the heirs of the songwriters (Papa T Bob) based on Law Number 28 of 2014 concerning Copyright. The research method in this study uses normative methods, the nature of the research is descriptive-analytic with qualitative data analysis and draws conclusions using the deductive method. The results of the study illustrate that an heir needs to be involved if the copyrighted work is used for economic interests based on article 16 paragraph 2 of the Copyright Law, and the procedure for granting royalties based on the Copyright Law is carried out through the Collective Management Institution (article 87), which will be distributed to the respective copyright holders.

PERLINDUNGAN HUKUM PENCIPTA TERHADAP PLAGIASI DI APLIKASI WATTPAD BERDASARKAN UU HAK CIPTA Aqilah Shafa Qhintara Idris; Rakhmita Desmayanti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15140

In this digital era, digital literacy is a form of work that is well known to many people, moreover, there are many platforms that are ready to accommodate digital literature writers, one of which is Wattpad, but due to the openness of any information on the internet, any work can be accessed by easy and free, that's why many people misuse it with plagiarism. The formulation of the problem is how is legal protection for creators of literary works whose works are plagiarized on the Wattpad application and what sanctions can be imposed on individuals who plagiarize on the Wattpad application. The type of research used is normative, the nature of the research is descriptive, the data sources use primary and secondary data, qualitative data analysis, and the method of drawing conclusions uses deductive logic. Based on the results of the analysis, it is concluded that legal protection for creators of literary works whose works are plagiarized has been provided internationally as well as in national legal instruments. In national legal instruments, the exclusive rights of creators of literary works are protected under Law no. 28 of 2014 concerning Copyright. Other parties who violate CW novels by plagiarizing can be given sanctions, namely in the form of civil sanctions and criminal sanctions.

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