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All Journal Diponegoro Law Review Lex Scientia Law Review Indonesian State Law Review (ISLRev)
Yamamoto, Atsuko
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Law, Crime, Criminology & Criminal Justice

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Enhancing Fair Use in Protecting Appropriated Artworks: A Comparative Analysis of Safeguarding Indonesian Copyright Law Nadya Aurelia, Caitlynn; Tanaya, Velliana; Sugianto, Fajar; Yamamoto, Atsuko
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.20570

Abstract

Appropriated artwork refers to the practice of using pre-existing objects or images into new works of art with little or no significant changes to the original form. This trend developed into the Pop Art movement, where one of the characteristic features was the use of images from mass media, as seen in the works of Andy Warhol, including the transformation of Campbell's soup cans into iconic works of art. Although widely appreciated, this work has drawn criticism regarding copyright infringement, raising the question: where do one artist's rights draw on another? To what extent is the appropriation of copyright protected works considered legal without violating the rights of the original creator? The research results show that the two legal systems differ significantly in the aspects of exclusive rights, moral rights, protected works, exceptions, and duration of protection. The challenge in understanding fair use lies in determining the boundaries between the rights of one artist and another. The fair use doctrine assesses four main factors: the purpose and character of the use, the nature of the original work, the proportion of the work used, and the impact on the market. Courts in the US often favor fair use if elements of transformation are identified, measuring the extent to which the appropriated work carries elements of originality or new creativity. Indonesia could consider adopting the fair use doctrine by adapting the concept through ministerial regulations or other implementing regulations.
Unclear Public Policy: The Real Barrier in Recognizing Foreign Arbitration Awards? Sugianto, Fajar; Athina Indradewi, Astrid; Antonius Sanjaya, Robin; Yamamoto, Atsuko
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.21448

Abstract

In Indonesia, a foreign arbitral award refers to a decision issued by an arbitration institution or arbitrator outside the country or recognized as such under Indonesian law. This classification reflects Indonesia’s adherence to the principle of territoriality in distinguishing arbitration awards as "international." However, enforcement remains contentious due to courts' broad interpretation of public policy under Article 66(c) of Law No. 30 of 1999. Despite Constitutional Court Decision No. 100/PUU-XXII/2024, the lack of a clear definition of public policy persists, leaving courts to determine its scope on a case-by-case basis. Until further regulations provide clarity, Article 66(c) will remain ambiguous and continue to be a basis for challenging foreign awards. A comparison with Singapore highlights two key findings. First, Indonesia applies a broad and inconsistent interpretation of public policy, while Singapore’s approach is narrower and more predictable. Second, Indonesian courts lack uniformity, as shown in three patterns: (1) awards are rejected for allegedly breaching sovereignty by restricting access to local courts; (2) awards are annulled for contravening Indonesian laws; and (3) awards are refused for endangering national interests. Rather than redefining international arbitration awards, Indonesia needs clearer guidelines and consistent application of public policy to enhance investor confidence and its global arbitration competitiveness.
FROM PHILOSOPHY TO NORMATIVE CONFIGURATION: A SCOPING REVIEW OF INDONESIAN COPYRIGHT LAW Sugianto, Fajar; Sukardi, Ellora; Yamamoto, Atsuko
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.254-276

Abstract

The development of Intellectual Property Rights (IPR) is significantly shaped by John Locke’s theory of property, along with subsequent philosophical discourse, which provides a foundation for granting exclusive rights to creators and inventors. IPR aims to balance the protection of individual interests with the greater public good, while fostering innovation. In the Indonesian context, a comprehensive legal framework and effective enforcement mechanisms are crucial to maintaining this equilibrium, particularly within the domain of copyright law. This research investigates whether Indonesia’s copyright system reflects the philosophical foundations of intellectual property, examines the integration of these principles into legal norms, and evaluates their role in supporting the growth of the national creative economy. Using a scoping review methodology, the study reveals a strong alignment between philosophical principles of ownership and Indonesia’s legal framework. This alignment highlights the dual role of copyright law: protecting individual creators' rights while stimulating a thriving creative economy. Furthermore, the research underscores the importance of balancing the interests of creators, industries, and the public. The study also explores how the Indonesian government has updated copyright legislation to better protect and promote creative industries, acknowledging the significant role of copyright in economic development. Recent policy reforms, such as the restructuring of the National Collective Management Institute (LMKN) and the digitalization of royalty databases, demonstrate a commitment to harmonizing legal practices with philosophical ideals. These reforms reflect an evolving copyright system that adapts to global dynamics, addressing technological challenges while ensuring effective protection of intellectual property rights.
Co-Authors Antonius Sanjaya, Robin Astrid Athina Indradewi Fajar Sugianto Nadya Aurelia, Caitlynn Sukardi, Ellora Velliana Tanaya