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All Journal Unes Law Review Pelita Masyarakat Istinbath : Jurnal Hukum Yuridika Eduvest - Journal of Universal Studies
Setyawati, Ria
Faculty Of Law, Universitas Airlangga
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Physics Public Health Social Sciences

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MATERIAL TRANSFER AGREEMENT SEBAGAI SARANA PERLINDUNGAN HUKUM PARA PIHAK DALAM PERJANJIAN PENGALIHAN MATERI BIOLOGI Sogar Simamora; Agung Sudjatmiko; Ria Setyawati
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (294.516 KB) | DOI: 10.20473/ydk.v31i2.4855

Abstract

Biological material is largely a free component, but the development of these materials can be objects that have commercial high value. Thus, the biological material is also associated with the ownership and control should be regulated by the misuse of biological materials hukum. According to the characteristics of MTA as a civil agreement, the parties will be decisive in the formulation of the agreement, but the characteristics of biological materials, including viruses, which can endanger the safety and threaten public health requires the use of surveillance capabilities sampled by the competent authority. Thus, the protection of the right to material biologidan implementation monitoring system redirects biological materials need to be studied in detail for the purpose of sharing microbiological material for the benefit of mankind could reached . Indonesia's cases refusal to carry through the mechanism of virus sharing GISN (Global Influenza Surveillance Network) in the system of the World Health Organization (wHO) in 2007, the result of a lack of regulations concerning the transfer of biological material not truly perfect
The Tensions On The Protection Of Local-Traditional Indonesian Batik Ria Setyawati; Mas Rahmah; Rahmi Jened; Nurul Barizah; Agung Sujatmiko
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.895 KB) | DOI: 10.20473/ydk.v36i1.24077

Abstract

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.
Perlindungan Karya Batik Tradisional Kampung Pesilat Melalui Merek Kolektif Ria Setyawati; Mas Rahmah; Normandyarsa Rahman
Pelita Masyarakat Vol. 4 No. 2 (2023): Pelita Masyarakat, Maret
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/pelitamasyarakat.v4i2.8638

Abstract

Traditional batik products made by artisans in a community or region are often not aware of the importance of protecting their work through Intellectual Property Rights, especially brands. Even though the potential for the development of traditional batik products can be optimized through brand protection. An example is the traditional batik work produced by the people of Kampung Pesilat in Madiun Regency. Kampung Pesilat's batik creations already exist and have been passed down from generation to generation until now, the batik craftsmen still carry out small-scale production. This research will examine the proper brand protection for the development of traditional Batik handicraft products. This research is legal research, namely normative legal research. The approach used is the statute approach and conceptual approach.
URGENSI PENGATURAN LENIENCY PROGRAM TERHADAP DUGAAN KARTEL ATAS KELANGKAAN MINYAK GORENG DI INDONESIA Arya Putra Rizal Pratama; Ria Setyawati; L. Budi Kagramanto; Sinar Aju Wulandari
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.479

Abstract

Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition stipulates various prohibitions for actions that cause unfair business competition, especially contractual activities between business actors, one of which is a cartel The actions of this cartel have an impact on the sustainability and welfare of consumers as a result of price and production regulation in the market. In proving the realm of unfair business competition, namely cartel, it can be proven through indirect evidence. Indirect evidence according to the Regulation of the Commission for the Supervision of Business Competition Number 1 of 2010 concerning Procedures for Handling Cases is a guide. The cartel case approach which is regulated through Article 11 of Law Number 5 of 1999 adopts the principlerule of reason tend to see and examine the reasons of business actors who commit an act that is considered to violate the competition law. However, the success of disclosing cartel cases is still experiencing obstacles. Several countries have implemented leniency program as a response to cartel cases. The process of enforcing business competition law in Indonesia has not been able to overcome cartel cases that have harmed consumers. The results of this study explain the difficulty in disclosing cartel cases in Indonesia because there are no parties or informants to assist law enforcement to ascertain the alleged cartel. The urgency of the leniency program is the only way to reduce difficulties and restore an efficient and effective economic situation so that consumers are able to prosper.
Indonesia Merger Control Re-Evaluation : Twenty Years' Experience In Legal Limbo Ria Setyawati; Iman Prihandono; Lucianus Budi Kagramanto; Stefan Koos
Yuridika Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i2.44330

Abstract

This paper not only discusses the issue of the approach used, the issue of ex-post and ex-ante merger control regulation usage, issues of conflict of norms, overlapping legal rules, and the existence of legal vacuum which complicates the enforcement of rules regarding merger control in Indonesia. The legal issues examined in this paper concern the characteristics of merger control based on the ratio decidendi of KPPU decisions during the 20 years of enforcing business competition law in Indonesia and the ius constituendum of the ex-ante and ex-post approach. This research is based on normative legal research using a statute approach, conceptual approach, case approach, and comparative approach method. These methods lead to the conclusion of the research, which is, that in the past 20 years, Indonesia has experienced a change in the ex-post merger control approach, resulting in partiality in the articles applied that are not entirely used in KPPU decisions. Furthermore, the idealized rules (ius constituendum) on the control of mergers in Indonesia, outlined in Law No. 5 of 1999, will be examined based on the principles and objectives of competition law enforcement in the country.
Praktek Excessive Pricing Dalam Bisnis Maskapai Penerbangan Ditinjau Dari Hukum Persaingan Usaha Zanuba Rachmawati Utomo; Ria Setyawati
Istinbath : Jurnal Hukum Vol 20 No 01 (2023): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v20i01.6408

Abstract

This study aims to analyze the practice of excessive pricing on airlines as a form of abuse of a dominant position from the perspective of business competition law. The practice of excessive pricing is a strategy of setting excessive and exploitative prices toward consumers. In this research, The researcher indicated unfair business competition associated with excessive pricing practices. In addition, the researcher also analyzed the impact of excessive pricing practices on consumers and business competition. The research method used is normative research with a doctrinal research approach. The study results show that many users of air transportation modes make airline business actors take advantage of these conditions to multiply company profits by selling tickets at very high prices exceeding the Excessive Pricing. However, in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, there is no explanation of whether excessive pricing practices abuse a dominant position or are just regular business activity. Therefore, this paper aims to analyze and simultaneously prove indications of unfair business competition by airline business actors through excessive pricing from the perspective of business competition law.
Legal Protection of Artificial Intelligence As A Copyrights Widya Agung Kristanti; Agung Sujatmiko; Ria Setyawati; Brahmantyo Agung Wicaksono
Eduvest - Journal of Universal Studies Vol. 5 No. 1 (2025): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i1.50375

Abstract

In the creative economy, technology significantly enhances human productivity and creativity, prominently through Artificial Intelligence (AI), which simulates human intelligence in computing. The rapid advancement of AI raises numerous debates, particularly in the art sector, where societal opinions vary from opposing the registration of AI-generated artwork to advocating for AI's recognition as a non-person legal entity entitled to moral rights. This discourse centers around granting legal status to AI regarding its artwork and relates to the broader concept of Intellectual Property as it pertains to creators and copyright holders. Currently, Indonesia's Copyright Law Number 8 of 2014 lacks specific provisions addressing these issues, resulting in a legal vacuum. This research aims to analyze the application of copyright legal theory to AI-generated art and the legal implications for its future development and protection. Employing normative legal research, the study utilizes both conceptual and legislative approaches, applying inductive logic to draw conclusions. Findings indicate that AI should be regarded as a legal object, with the rights to its artwork attributed to legal entities possessing natural legal authority. Additionally, the use of AI in creative works aligns with the "work made for hire" doctrine. Ultimately, the study underscores the necessity for responsive and progressive legal frameworks that adapt to the evolving landscape of copyright and AI.
Co-Authors Agung Sudjatmiko Agung Sujatmiko Arya Putra Rizal Pratama Brahmantyo Agung Wicaksono Iman Prihandono L. Budi Kagramanto Lucianus Budi Kagramanto Mas Rahmah, Mas Normandyarsa Rahman Nurul Barizah Rahmi Jened Sinar Aju Wulandari Stefan Koos Widya Agung Kristanti Yohanes Sogar Simamora Zanuba Rachmawati Utomo