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Urgensi Pelindungan Ekspresi Budaya Tradisional Seni Genggong Sumedang Sebagai Objek Kekayaan Intelektual Komunal Di Indonesia Khofiyanisa, Nurauliya Syifa; Miranda Risang Ayu Palar; Laina Rafianti
Equality : Jurnal Hukum dan Keadilan Vol 1 No 2 (2024): Hukum Artificial Intelligence
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v1i2.137

Abstract

The protection of traditional cultural expressions within the concept of Communal Intellectual Property is an effort to preserve cultural aspects. One such expression needing protection is the Genggong Art of Sumedang. This research aims to understand the issues related to the Genggong Art of Sumedang, which has not yet received defensive protection as a Communal Intellectual Property object, and the legal provisions that can support its protection. Using a normative juridical and sociological juridical approach, the research collects primary data through field studies and interviews, and secondary data through literature studies, including relevant regulations and other secondary legal materials. The findings indicate that normative provisions on intellectual property in Indonesia have not been optimally implemented. This is due to a lack of socialization about the importance of communal intellectual property protection and an understanding of registration procedures. Therefore, optimal cooperation and coordination are needed both in the registration context between the originating community and the Sumedang Regency Government, as well as in promoting the importance of defensive protection of traditional cultural expressions between the Sumedang Regency Government and the Ministry of Law and Human Rights.
Pelindungan Hukum Atas Monetisasi Koreografi pada Program Tantangan Menari yang Diunggah Dalam Platform Tiktok Feliany Kowanda; Miranda Risang Ayu Palar; Laina Rafianti
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i3.1880

Abstract

The understanding of TikTok users tends to be less concerned about someone's creative work. This has led to the widespread practice of TikTok users using choreography creations for monetization on the TikTok platform without the creator's permission. This study aims to determine the legal protection for creators of Dance Challenge choreography regarding monetization on the TikTok platform based on Law Number 28 of 2014 on Copyrights and to determine dispute resolution for choreography owners regarding monetization of Dance Challenge choreography by others without permission on the TikTok platform based on applicable laws and regulations. This research was conducted using the normative juridical and socio-legal approach methods. The research was conducted by conducting both library and field research as the primary research materials. Based on the conducted research, the results show that TikTok users who create and upload choreography works on the TikTok platform automatically receive copyright protection for those choreography works. If a creator feels that their choreographic work has been monetized by others without their permission, the creator can report it through TikTok administration, alternative dispute resolution, arbitration, or legal proceedings.
Urgensi Pelindungan Indikasi Geografis Tembakau Lamsi Temanggung untuk Menjaga Keaslian dan Kualitas Produk Berdasarkan UU Nomor 20 Tahun 2016 Christina Basanova Sidabalok; Miranda Risang Ayu Palar; Helitha Novianty Muchtar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Januari: JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6861

Abstract

This study explores the importance of protecting the Geographical Indication (GI) of Lamsi Tobacco from Temanggung to safeguard its authenticity and maintain product quality, in accordance with Law Number 20 of 2016 on Marks and Geographical Indications. Lamsi Tobacco is known for its distinctive taste, aroma, and quality, which are influenced by the geographical conditions of Temanggung as well as traditional cultivation practices passed down through generations. However, without legal protection, the authenticity and reputation of this product risk being diminished due to counterfeiting or unauthorized use of its name. The research method employed is normative juridical, which focuses on library research or secondary data by viewing law as a set of written norms enacted by authorized institutions. To strengthen the analysis, this study is also supported by a socio-legal approach that combines legal studies with social sciences so that law is understood not only as written norms but also as a practice that lives within society. The findings indicate that Lamsi Tobacco meets the criteria for Geographical Indication as stipulated in Law No. 20 of 2016 Protection through Geographical Indications not only plays a role in preserving the authenticity and quality of the product but also generates positive economic and social impacts for the community, particularly farmers. Nevertheless, several obstacles remain, such as low legal awareness, administrative difficulties, and the absence of a strong managing institution. Therefore, coordination between the central government, local government, farmer associations, and the community is necessary to realize effective legal protection. Through the registration and protection of Geographical Indications, Lamsi Tobacco is expected to maintain its reputation, increase competitiveness in the market, and make a tangible contribution to the welfare of the Temanggung community as well as the preservation of local culture.