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All Journal PUSKAPSI Law Review Peradaban Journal of Law and Society PUSKAPSI Law Review
Yustisio, Rifki
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection Copyright of Non-Fungible Token-Based Painting Works (NFT) in Indonesia Yustisio, Rifki; Asshidiq, Abdullah Widy; Wafi, Muhammad Syafiq
PUSKAPSI Law Review Vol 3 No 2 (2023): Desember 2023
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/puskapsi.v3i2.43954

Abstract

In the midst of increasingly massive digitalization and modernization, the use of technology and information in producing masterpieces has brought new problems, one of which is related to digital-based copyright protection. In the background of this, this research then produces 2 (two) problem formulations that need to be researched, namely: how is the protection of copyright of Non-Fungible Token (NFT) based paintings in Indonesia? And what are the obstacles in the protection of copyright of Non-Fungible Token (NFT) based paintings in Indonesia?. This research is empirical research, with a sociological approach research method. The results showed that, Non-Fungible Token (NFT) as a digital work of art, civilly categorized as "rights" according to article 499 of the Civil Code, by Law Number 28 of 2014 concerning Copyright, is still recognized as one of the protected objects. More than that, the obstacles found by researchers related to copyright protection of digital-based paintings, based on the results of interviews at the Ministry of Law and Human Rights of the Special Region of Yogyakarta and the Special Criminal Investigation Directorate of the Yogyakarta Police, among others: Regulatory Factors, Law Enforcement Factors, Supporting Facilities and Facilities, Individual, Environmental and Community Factors. Keywords: Non-Fungible Token, copyright protection, technology
Analysis of Australia's TPPA on Intellectual Property Rights Protection Under TRIPS and WTO Yustisio, Rifki; Riyandono, Aji Yudo
Peradaban Journal of Law and Society Vol. 3 No. 2 (2024)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59001/pjls.v3i2.244

Abstract

Intellectual Property Rights (IPR) in the international trade law system are regulated through several international agreements, including the provisions of Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Tariffs and Trade (GATT). The main objectives of international trade law are to maintain stability in global trade, prevent domestic policies that harm other countries, create a conducive and favorable trade climate for economic growth, and improve the standard of living of people globally. This research uses normative legal methods with statutory and conceptual approaches. This study focuses on the Tobacco Plain Packaging Act (TPPA) policy enacted by Australia. This policy is based on the Framework Convention on Tobacco Control (FCTC) issued by the World Health Organization (WHO) to reduce tobacco consumption. However, this policy conflicts with TRIPS principles related to IPR protection, particularly trademarks. The TPPA restricts the use of trademarks on tobacco packaging, by setting standards by prohibiting the inclusion of trademarks or other marks on tobacco product packaging, using standardized fonts, and requiring the use of uniform packaging for all tobacco products sold in Australia, by specifying color, shape, size, and layout. This is considered to be contrary to TRIPS principles, which protect trademark rights as part of non-discriminatory international trade. Nonetheless, under GATT Article 20 on General Exceptions, Australia's TPPA policy is considered legitimate as it aims to protect human life or health in formulating national laws in the public interest.
Legal Protection Copyright of Non-Fungible Token-Based Painting Works (NFT) in Indonesia Yustisio, Rifki; Asshidiq, Abdullah Widy; Wafi, Muhammad Syafiq
PUSKAPSI Law Review Vol. 3 No. 2 (2023): Desember 2023
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/puskapsi.v3i2.43954

Abstract

In the midst of increasingly massive digitalization and modernization, the use of technology and information in producing masterpieces has brought new problems, one of which is related to digital-based copyright protection. In the background of this, this research then produces 2 (two) problem formulations that need to be researched, namely: how is the protection of copyright of Non-Fungible Token (NFT) based paintings in Indonesia? And what are the obstacles in the protection of copyright of Non-Fungible Token (NFT) based paintings in Indonesia?. This research is empirical research, with a sociological approach research method. The results showed that, Non-Fungible Token (NFT) as a digital work of art, civilly categorized as "rights" according to article 499 of the Civil Code, by Law Number 28 of 2014 concerning Copyright, is still recognized as one of the protected objects. More than that, the obstacles found by researchers related to copyright protection of digital-based paintings, based on the results of interviews at the Ministry of Law and Human Rights of the Special Region of Yogyakarta and the Special Criminal Investigation Directorate of the Yogyakarta Police, among others: Regulatory Factors, Law Enforcement Factors, Supporting Facilities and Facilities, Individual, Environmental and Community Factors. Keywords: Non-Fungible Token, copyright protection, technology
Co-Authors Asshidiq, Abdullah Widy Riyandono, Aji Yudo Wafi, Muhammad Syafiq