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All Journal Scientific Journal of Reflection : Economic, Accounting, Management and Business Rechtsregel : Jurnal Ilmu Hukum Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Sakundiana, Vita Dwi
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum terhadap Lagu yang Dilaporkan Melanggar Hak Cipta di Situs Youtube Nihayati, Wafa; Sakundiana, Vita Dwi; Alatas, Lulu Syakirah
SCIENTIFIC JOURNAL OF REFLECTION : Economic, Accounting, Management and Business Vol. 8 No. 2 (2025): SCIENTIFIC JOURNAL OF REFLECTION: Economic, Accounting, Management, & Business
Publisher : Sekolah Menengah Kejuruan (SMK) Pustek

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/sjr.v8i2.1131

Abstract

Currently, many YouTube users upload song-related videos, such as lyric videos or cover versions of songs, which involve re-performing songs owned by others. A common issue that arises is that these users often upload such song videos on YouTube without obtaining permission from the original songwriter, and in many cases, the videos are uploaded for commercial purposes. The purpose of this research is to understand the legal protection of songs reported for copyright infringement on YouTube. The research method used is normative juridical, which focuses on viewing law as a normative discipline. This is conducted through literature studies, especially secondary data such as legislation, court decisions, contractual agreements, or other legal documents, supported by relevant literature related to the researched issue. Based on Article 9 paragraph (2) of the Indonesian Copyright Law, it is stated that anyone is prohibited from using or reproducing a creator’s work for commercial purposes without permission. This implies that the act of re-uploading or including a music video/song that is not their own original creation for the purpose of their video constitutes a copyright infringement. In the case of a content creator using someone else's work, this action is categorized as a violation under Article 113 paragraph (2) of the Copyright Law (UUHC), particularly if the content creator engages in the actions described in Article 9 paragraph (1) points c, d, f, and h for commercial purposes. They may be subject to a criminal penalty of up to 3 years in prison or a fine of up to 500 million Rupiah.
IMPLIKASI HUKUM DAN KEADILAN ATAS TERBITNYA REGULASI PENYERAHAN PRASARANA, SARANA, DAN UTILITAS PERUMAHAN DI KOTA YOGYAKARTA SAKUNDIANA, VITA DWI
Rechtsregel : Jurnal Ilmu Hukum Vol 8 No 2 (2025): Rechtsregel : Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/rjih.v8i2.56549

Abstract

The handover of Infrastructure, Facilities, and Public Utilities (PSU) by developers to the Yogyakarta City Government is a legal obligation intended to ensure the sustainability of infrastructure management and the maintenance of environmental quality in residential areas. The issuance of Yogyakarta Mayor Regulation Number 31 of 2024 is an important step in clarifying the mechanism for handing over PSUs which previously did not have legal certainty. This study aims to analyze the legal implications of the regulation on developers, the Yogyakarta City Government, and housing residents, and assess the extent to which the principles of distributive, procedural, and social justice are reflected in the handover of PSUs in the City of Yogyakarta. This study applies a normative and empirical legal approach method by examining related laws and regulations and conducting in-depth interviews with the Yogyakarta City DPUPKP, developers, and representatives of housing residents. The data was analyzed qualitatively descriptively to relate regulations to conditions in the field. The results of the study show that this regulation closes the legal vacuum in PSU governance, strengthens the legitimacy of the Yogyakarta City Government in receiving and managing PSU assets, and provides legal certainty and protection of rights for housing residents. This regulation also realizes: 1) the principle of distributive justice through a proportionate division of responsibilities between developers, governments, and housing residents; 2) procedural fairness through clear verification and documentation mechanisms; and 3) social justice through the recognition of PSUs as public facilities that can be accessed by all housing residents adequately and functionally. Thus, this mayoral regulation plays an important role as an important instrument in realizing fair and sustainable formal housing governance, while strengthening legal certainty for all related parties.
Overlapping Music Royalty Sanctions in Public Spaces: An Analysis of Indonesian Legal Politics Sakundiana, Vita Dwi; Alatas, Lulu Syakirah; Permatasari, Desi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.0ap6qa31

Abstract

The use of music in public spaces continues to increase alongside the development of the entertainment, tourism, and marketing industries, at both the national and international levels, making the management of music royalties a strategic issue in copyright governance. Many previous studies have focused solely on law enforcement effectiveness or compliance with royalty payments, without examining in depth the legal politics underlying the disharmony between public legal norms and contractual mechanisms for royalty management. This study aims to analyze the direction of legal politics in managing music royalty sanctions in the public space, as set out in Law Number 28 of 2014 concerning Copyright (the Copyright Law) and contracts managed by the National Collective Management Institute (LMKN). The method used is a normative juridical approach that analyzes the Copyright Law and applies the principle of distributive justice, drawing on primary and secondary legal materials. The results of the study show that the overlap of sanctions is caused by the absence of a clear legal-political design for placing LMKN contracts as hierarchically integrated instruments within public legal norms, thereby creating legal uncertainty, potential duplication of sanctions, and weak governance of royalty distribution. The novelty of this research lies in its analysis of legal politics in the relationship between public norms and private contracts in the music royalty system, which makes a conceptual contribution to harmonizing sanctions and renewing copyright policies in the era of the digital creative economy.
Co-Authors Alatas, Lulu Syakirah Desi Permatasari Nihayati, Wafa