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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Intan, Adilla Meytiara
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE EXISTENCE OF IDENTITY VALUE AND IMAGE PROTECTION ON LEGAL FRAMEWORKS OF UNITED STATES OF AMERICA (US) AND UNITED KINGDOM (UK) Hamid, Adnan; Intan, Adilla Meytiara
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.862 KB) | DOI: 10.56943/jlte.v1i2.62

Abstract

This research aims to examine the existence of identity value and image protection along with their commercialization by comparing legal frameworks between the United States of America (the US) and the United Kingdom (the UK). The applied methodology is socio-legal approach: Primary sources will be utilized to compare the Right of Publicity’s legal framework in each chosen country, as well as secondary sources, which will be used to develop this author’s understanding of the primary sources, will be crucial to answer the research question. The result of this research stated that The Right of Publicity is a subset of the Right to Privacy specifically guarantee individual to control the commercialization of his identity while providing the remedy for unauthorized commercialization by a third party. English courts and law explicitly dismissed any personality right moreover a general free- standing Right of Publicity. The discussion of the Right of Publicity in the US behaves towards the natural aspect of the right, whether to label the right as property or as personal right. It can be concluded that, The United States approach overprotect the individual’s right to control his identity by banning any commercial use of any characteristics which the public can associate with. On the contrary, the UK still refuse to provide a name to protect the appropriation of one’s identity.
Navigating Pretext and Legal Consequences on Stateless Indonesian Children in Malaysia Intan, Adilla Meytiara
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i11.51684

Abstract

Due to lack of job opportunity, low-skilled Indonesian workers opted to work in Malaysia in hope for a better opportunity. As migrant workers in a foreign country, Indonesian are obligated to follow a string of policies reserved for foreign worker. Legal problems started to arise when those workers started a family in Malaysia. According to our interviews with fifty Indonesian Worker in Kuala Lumpur and Indonesian Government Officials in the Embassy, they admitted their ignorance of the ramification of their actions, the risk of statelessness of their children. Indonesian workers are (1) marrying fellow Indonesian workers, (2) marrying foreign workers, (3) marrying Malaysian nationality. As the family grew, their children born in Malaysia may (1) be an Indonesian, provided that their parents marriage are registered, (2) be Malaysian, provided that their parents marriage is legitimate under Malaysian Marriage Law, (3) stateless. The purpose of this paper is to set out the legal ramifications following an Indonesian Workers’ marriage to eradicate statelessness of their children and provide solution for them to obtain Indonesian citizenship by combining normative and empirical method to achieve the result. This paper is a conclusion of STIH Adhyaksa’s community services in collaboration with Indonesian Embassy in Kuala Lumpur, Malaysia.
Co-Authors Adnan Hamid