Article Per Year (5 Year)
p-Index From 2021 - 2026
0.778
P-Index
This Author published in this journals
All Journal Jurnal Kajian Pembaruan Hukum PUSKAPSI Law Review Peradaban Journal of Law and Society Realism: Law Review
Yustisio, Rifki
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
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
Regulatory Approaches to NFT in Indonesia: Considering the Implementation of the French Droit De Suite System? Yustisio, Rifki; Asshidiq, Abdullah Widy
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46465

Abstract

The development of Non-Fungible Tokens (NFT) has significantly impacted global economic trade. However, in Indonesia, the regulation surrounding NFT remains insufficient, particularly concerning law enforcement and equitable royalty distribution for commercialized artistic works. This research adopts a normative juridical approach, employing statutory, comparative, and conceptual analysis methods. Findings indicate that NFT, as three-dimensional artistic creations, fall under the protection of the Copyright Act. While Indonesia has addressed NFT regulation in various laws and government regulations, detailed provisions regarding digital transactions involving three-dimensional artworks are lacking. Moreover, inadequate legal safeguards for NFT sales underscore the pressing need for legal reform. Therefore, the adoption of Droit De Suite through legal transplantation is proposed as a prudent strategy for legal modification, offering numerous normative and operational benefits. Droit De Suite is a principle born from the Berne Convention, where the requirement to apply Droit De Suite is that the state must give permission or legally recognize that the state has been regulated in its legislation. In addition, Droit De Suite is the right given to the artist or creator and his heirs to resell copyrighted works that have been produced previously, so that the creator's heirs are entitled to a share of the resale of a work. This approach holds promise for enhancing the legal framework surrounding NFTs and promoting fair treatment of artists and stakeholders in Indonesia's digital economy landscape.
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.
KEKUATAN HUKUM BADAN HUKUM YANG BERBENTUK KOPERASI DALAM MENGAJUKAN PERMOHONAN KEPAILITAN Widy Asshidiq, Abdullah; Yustisio, Rifki; Miftahzen Reza, M. Hilmi
Realism: Law Review Vol. 1 No. 2 (2023): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v1i2.18

Abstract

This study aims to determine the legal position of the bankruptcy filing application for business entities in the form of cooperatives. This research is normative-juridical research using a conceptual approach method. The data used are primary, secondary and tertiary data. The results of this study will focus on the mechanism of filing a bankruptcy application by the Ministry of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia (Kemenkop) against cooperatives in Indonesia according to Supreme Court Circular Letter No. 1 of 2022. The results of the study concluded that based on the provisions of the Supreme Court Circular Letter SEMA Number 1 of 2022 concerning Special Civil Procedures governing PKPU and Bankruptcy Mechanisms, explaining that Cooperatives can no longer be filed PKPU and Bankruptcy directly but related to the application for bankruptcy filing against cooperative bankruptcy filings can only be done by the Ministry of Cooperatives
Co-Authors Asshidiq, Abdullah Widy Miftahzen Reza, M. Hilmi Riyandono, Aji Yudo Wafi, Muhammad Syafiq Widy Asshidiq, Abdullah