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Rory Jeff Akyuwen
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hak Cipta Lagu Yang Di Nyanyikan Ulang Tanpa Izin Pencipta Yang Di Unggah Di Media Sosial Nani Novendo Sidabariba; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10831

Abstract

The problem in this thesis is about acts of copyright infringement in the form of cover songs on the YouTube platform. This research aims to make everyone understand that any action involving the use of other people's copyrights, either in part or in whole, is required to obtain prior permission from the creator and/or copyright holder. Based on article 9 of the Copyright Law No. 28 of 2014 it can be seen that everyone is prohibited from publishing creations, copying creations in all its forms, and is prohibited from exercising economic rights without the author's permission, and is prohibited from duplicating and/or using commercial creations. The method used in this research is normative juridical with statutory approach (statute approach) and conceptual approach (conceptual approach). The legal materials used are primary legal materials, secondary which are analyzed qualitatively. Based on this research, copyright protection for songs that are sung again consists of preventive and repressive legal protection. Preventive legal protection is carried out by supervising, coordinating and cooperating with the dissemination of re-sung song content, recording of creations, and closing related content and/or rights in electronic systems. Repressive protection in the form of compensation fines. The legal consequence received by the party who sings the song without the creator's permission is to pay compensation to the copyright holder in accordance with Article 1365 of the Civil Code. in the form of negotiation, mediation, conciliation, expert opinion and also arbitration.
Pengambilan Rekaman dan Penyebaran Potongan Film Tanpa Hak Victoria Bianca Uruilal; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.11172

Abstract

ABSTRACT: Film is one type of cinematographic work, where cinematographic work itself is a creation protected by Law Number 28 of 2014 concerning Copyright in Article 40 paragraph (1) letter (m). However, in reality, there is an act of taking footage and distributing film cuts without rights carried out when someone watches a movie in a theater and uploads it on social media and gets economic benefits from the upload of the film cut. While clearly stated in the Copyright Act, which explains that creators and copyright holders have economic rights (Article 9) and moral rights (Article 5) to the creations they make, This right is only owned by creators and copyright holders; others are required to obtain permission. This research is normative juridical research conducted with a statutory approach, a conceptual approach, and primary, secondary, and tertiary legal sources. The act of taking footage and distributing film cuts without rights is part of commercial activities that benefit not the creators and copyright holders of copyright. If Article 43 letter (d) of Law Number 28 of 2014 concerning copyright is reversed, then it is an offense that violates Moral Rights in Article 5 and Economic Rights in Article 9. As for the violation being part of the tort, then the act of taking footage and dissemination of film cuts without rights has been contrary to the Civil Code in Article 1365, which is entitled to be held accountable on the basis of the element of fault, and the form of liability is compensation, both in the form of material and immaterial.
Pelabelan Produk Pangan Yang Mengandung Bahan Rekayasa Genetik Neng Melly Senisa; Rory Jeff Akyuwen; Agustina Balik
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11788

Abstract

Indonesian legislation relating to genetically engineered food is Law Number 7 of 1996 concerning Food and Government Regulation Number 69 of 1999 concerning Food Labels and Advertisements. Article 35 states that the label for genetically engineered food must include the words Genetically Engineered Food in the name of the type. Information as a genetic engineering product on the label has been regulated by BPOM Number 6 of 2018 concerning Supervision of Genetically Engineered Food Products, in Article 8 and Article 9 concerning Food Labels for Genetically Engineered Products. Genetically engineered food products have long entered the Indonesian market. However, in reality, in Indonesia until now there are no food products that carry labels as required by these regulations. The method used in this research is normative juridical using a statutory approach and a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it was found that business actors who produce products containing genetically engineered ingredients have a responsibility to ensure the safety of the products produced and fulfill obligations regarding food product labeling by including a label that says Genetically Engineered Products (PRG). The legal consequences for producers or people who produce or import food that does not carry the genetic engineering label are that they may be subject to legal sanctions. Legal sanctions include fines, temporary closure or revocation of business permits, and/or criminal charges. So every food product that enters Indonesian territory should comply with the regulations regulated in Indonesia.
Co-Authors Balik, Agustina Nani Novendo Sidabariba Neng Melly Senisa Victoria Bianca Uruilal