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IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP HAK CIPTA ATAS BUKU Risky Amelia; Ahmadi Ahmadi; Eneng Juandini
Ensiklopedia Research and Community Service Review Vol 5, No 10 (2026): Vol. 5 No. 10 Juli 2026
Publisher : Ensiklopedia Research and Community Service Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v5i10.3975

Abstract

Books are a form of creative work that has value. As an object of Intellectual Property Rights, books can have legal protection so that they are not carelessly used, reproduced, and plagiarized by others. Protection of books as creations has been regulated in the provisions of copyright law in Indonesia, namely the Copyright Law, which grants exclusive rights to creators or copyright holders. These rights are inherent to the owner of the rights, so that any use of copyrighted works must be carried out with the permission or approval of the owner of the rights. If a copyright infringement is committed by someone by using, duplicating, publishing, distributing, and taking economic benefits from a book without the permission of the owner of the rights. This not only harms the creator and owner of the rights in terms of economic value but also ignores respect for the results of thought, creativity, and intellectual work. Legal protection for books is important to ensure legal certainty and provide a sense of security for creators and encourage the development of science, education, and culture. This study aims to provide an understanding of the position of books as objects of copyright protection, describe the forms of violations that may occur, and also emphasize the importance of permission in the use of other people's creative works. This research was conducted normatively by examining the provisions of relevant laws and regulations. Research into the legal protection of books as creative works is crucial to understanding the forms of protection provided by laws and regulations, the characteristics of actions that can be considered copyright infringement, and the legal remedies available to creators or copyright holders in the event of a violation. With clear and firm legal protection, it is hoped that books will be recognized as more than just physical objects, but also intellectual works that must be respected and protected from copyright infringement. This understanding can help to sustainably suppress the practice of book piracy in Indonesian society.Keyword : Legal Protections,Copy Rights, Books.
Kepastian Hukum terhadap Pembeli yang Beretikad Baik dalam Proses Balik Nama Sertipikat Tanah Ahmadi Ahmadi; Risky Amelia
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1955

Abstract

Land sale and purchase transactions that are not carried out through legal procedures according to statutory regulations are often used by the general public. The law in the area is not using a Sale and Purchase Deed made by a Land Deed Making Officer (PPAT) or Temporary PPAT (PPATS). This is often used by some people so that non-compliance with legal procedures results in the transfer of land rights not being able to be registered at the land office, so that the buyer does not obtain legal status as a legitimate land owner. Therefore, in this article, what will be reviewed is how the procedure so that the buyer can carry out a Change of Name according to the procedure and the legal impact if the transaction process is not carried out correctly. Normative and empirical Juridical Methods, namely by emphasizing secondary data by studying and reviewing the principles of positive law derived from library data and legal comparisons, as well as elements or factors related to the research object as part of field research. Underhand transfer of rights transactions in this case there is a defect or flaw, however, the buyer is considered to have good intentions by checking and taking care of the validity of the documents owned, therefore the change of name can be carried out based on an authentic letter made by a non-PPAT in this case a Court Decision that has permanent legal force. In this case, the Community is considered to be more careful, thorough and careful regarding the land object and can check the history of the land at the BPN.
Tinjauan Yuridis terhadap Bentuk Pertanggungjawaban Hukum terhadap Praktik Nominee dalam Perjanjian Kredit Koperasi Syariah Risky Amelia; Ninva Eleazar Lumi; Tarmudi Tarmudi
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2000

Abstract

The phenomenon of name borrowing in financial institutions, particularly Islamic cooperatives, creates significant legal consequences for both members and the cooperative. Name borrowing occurs when a cooperative member lends or allows his/her name to be used by another party to access financing facilities. From the perspective of civil law, this practice establishes a direct legal relationship between the member listed in the financing contract and the cooperative, even though the actual recipient and user of the funds is another person. This phenomenon has become widespread recently and has become the focus of researchers to examine the impact and solutions to the problems that arise as a result of borrowing names.This study aims to analyze: (1) the form of legal liability borne by cooperative members who engage in name borrowing according to the Indonesian Civil Code (KUHPerdata); and (2) the form of legal protection available to cooperatives against the risk of default arising from such practices. The research method employed is normative-empirical, with primary data obtained through interviews at Koperasi Syariah Benteng Mikro Indonesia (Kopsyah BMI), and secondary data consisting of the Civil Code, the Cooperative Law, and relevant legal literature.The findings indicate that Article 1338 of the Civil Code affirms the principle of pacta sunt servanda, whereby members whose names are stated in the financing contract remain fully responsible for repayment obligations, regardless of who actually benefits from the funds. In the event of default, the consequences are regulated under Articles 1243 and 1267 of the Civil Code, which include performance fulfillment, contract termination, and compensation. Furthermore, if name borrowing is proven to involve bad faith, it may also be categorized as a tort under Article 1365 of the Civil Code.In conclusion, the practice of name borrowing poses legal and financial risks for both members and cooperatives. Legal protection for cooperatives may be pursued through non-litigation mechanisms (collection, warning, restructuring) as well as litigation (lawsuits for breach of contract or tort). To prevent similar cases, cooperatives should strengthen member identity verification, impose financing limits, and enhance legal and Sharia education for their members.