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All Journal Jurnal Hukum Samudra Keadilan Kultura: Jurnal Ilmu Sosial dan Humaniora
T. Keizerina Devi A.
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Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION FOR PHOTOGRAPHERS REGARDING PORTRAITS USED IN TRADEMARKS Widiya Fitrianda; Sunarmi; Saidin; T. Keizerina Devi A.
Jurnal Hukum Samudra Keadilan Vol 19 No 2 (2024): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v19i2.10648

Abstract

Copyright and trademarks are aspects of intellectual property rights (IPR) with different protection concepts and objectives. Copyright aims to protect creations in the fields of art, literature, and science, whereas trademarks aim to protect distinguishing signs of goods and/or services marketed. This research aims to identify, examine, and analyse legal protection for photographers concerning portraits used in trademarks. This study employs normative legal research methods using statutory and case law approaches. The results indicate that legal protection for photographers is regulated in Article 1, Points 1 and 10, Articles 5, and 9 of Law No. 28 of 2014, and Article 21, paragraph (2), letter a of Law No. 20 of 2016. This protection encompasses moral rights and economic rights, which are granted automatically once the creation is expressed in a tangible form that can be seen, read, or heard. Thus, a portrait included in a trademark never loses its exclusive right as copyrighted material. Commercial use by other parties must be based on permission from the creator or copyright holder.
Pembatalan Akta Hibah Akibat Pelanggaran Hak Mutlak Ahli Waris Legitimaris : (Putusan Mahkamah Agung Nomor 2954K/PDT/2017) Sebayang, Nurhalimah Br; Purba, Hasim; T. Keizerina Devi A.
Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora Vol. 2 No. 7 (2024): Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora
Publisher : Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora

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Abstract

This research aims to analyze, (1) legal protection of the absolute rights of legitimate heirs in cases of gifts that violate the legitime portie; (2) legal consequences related to the cancellation of the gift deed due to violation of the absolute rights of the legitimate heirs; (3) as well as analyzing the judge's legal considerations in canceling the gift deed due to a violation of the absolute rights of the legitimate heir. The legal theories used are the theory of legal protection, legal consequences and judge's consideration. The research method used is normative juridical. The primary source of material comes from statutory regulations relating to grants, namely the KUHPerdata and Putusan Mahkamah Agung No. 2954K/Pdt/2017, while secondary data comes from books, magazines, scientific journals, articles, free articles from the internet and newspaper. The results of this research are (1) regarding the grant deed in the aquo case, the author found that there were several conditions that were not fulfilled in granting the grant, making the status of the grant deed considered legally defective and therefore null and void; (2) Because the deed of gift is null and void and causes harm to the subjective rights of other heirs, the judge's decision regarding land that cannot be divided is based on legitiieme portie to be auctioned.
Co-Authors Dedi Harianto HASIM PURBA Irfan Hadi Saidin Sebayang, Nurhalimah Br Sunarmi Widiya Fitrianda