Amrullah, Anwar Hafidz
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Legal Analysis of Movie Reviews on Social Media in Terms of Positive Law Amrullah, Anwar Hafidz; Asyidqi, Alfi Taufiq; Hasya, Shofiyyah Mardiyyah
Syiar Hukum Volume 22, No 2 (2024) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v22i2.14739

Abstract

Along with the advancement of technology, it has actually facilitated access to movies through various digital platforms. However, to get access to these platforms, people need to subscribe regularly, which not all people can do. This has led to the emergence of the phenomenon of movie reviews on social media which often feature movie trailers which are then monetized, resulting in potential copyright infringement. This research uses normative juridical research methods by collecting legal materials through literature studies. Furthermore, the results of this study show that the practice of movie reviews is actually allowed as long as its use is in accordance with the principle of fair use as stipulated in Article 43 to Article 51 of the HC Law. Based on this principle, the practice of film reviews also cannot be categorized as copyright infringement as long as it meets several conditions, namely non-commercial and permission from the creator. In addition, movie reviews are also not considered to be copyright infringement if the review has included the source in full and does not harm the creator. However, it should be noted that movie reviews on social media that violate copyright provisions can basically lead to legal consequences both in civil and criminal scope.
Privatization Through Building Use Rights in The Tangerang Sea Fence Area According to Positive Law Asyidqi, Alfi Taufiq; Dwiyanto, Sultan Alvaro; Amrullah, Anwar Hafidz
Syiar Hukum Volume 22, No 2 (2024) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v22i2.14738

Abstract

The privatization of marine space in Tangerang through sea fences and Building Use Rights (HGB) certificates harms the local economy. All forms of natural resource privatization in Indonesia must consider their legality. The purpose of this research is to analyze the legality of the Tangerang Sea fence and the legal certainty of HGB certificates in the privatization of marine space. This research uses a normative juridical approach with secondary data. The research results indicate that this privatization violates Indonesian positive law because it does not meet the licensing procedures, contradicts Article 33, paragraph 4 of the 1945 Constitution, and harms the community. The HGB certificate is also invalid because it violates spatial planning regulations and the principle of common property.