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All Journal Jurnal Ilmiah Raad Kertha Nusantara Hasana Journal
I Nyoman Suryana
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Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Nursing Social Sciences

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DISTRIBUSI ROYALTI LAGU DALAM KONSER OLEH LEMBAGA MANAJEMEN KOLEKTIF : SIAPA YANG MEMBAYAR? I Gusti Ayu Intan Purnamaningrat; I Nyoman Suryana
Nusantara Hasana Journal Vol. 5 No. 1 (2025): Nusantara Hasana Journal, June 2025
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v5i1.1471

Abstract

This legal research user normative method, with statutory and case approach. The result of this study show that royalty is one of the economic benefits written in Law Number 28 of 2014 concerning Copyright. In the case of concert event, there are two deferent opinions about which legal subject must pay the royalty to the songwriter, through the Collective Management Organization (Lembaga Manajemen Kolektif). Based on Commercial Court Decision No. 92/Pdt.Sus-HKI/Hak Cipta/2024/PN Niaga Jkt.Pst., the payment of royalty is clearly the responsibility of the concert organizer and must be manage through the Collective Management Organization. However, this decision gives compensation directly to the creator and ignores the obligation of the Collective Management Organization. It also put the permorming artist as the defendant which may cause double royalty payment and formal error (error in persona). Judge must consider material justice, legal certanity, and carefulness when making decision, so it will not harm the ecosystem of music industry. The system of royalty payment in concert needs clearer rule and better implementation in court to avoid formal mistake and doube collection. Legal certainty for creators will better if there is more public outreach and also digital record of royalties that can help judge in deciding cae. With this, balance between copyright protection and sustainability of the music industry in Indonesia can be achieved.
AKIBAT HUKUM MELAKUKAN DISKRIMINASI TERHADAP PENYEDIATRANSORTASI ONLINE I Nyoman Suryana; Agustina Ni Made Ayu Darma Pratiwi
Jurnal Ilmiah Raad Kertha Vol. 6 No. 2 (2023): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/xbf73g93

Abstract

Transportation models consist of various types, of these transportation models motorbikes are included in the classification of types of private vehicles, but in Indonesia there are many motorcycles that also function as public transportation, namely transporting people and charging agreed fees. This type of transportation model is known as a motorcycle taxi. In the current era of globalization, there is an online transportation application model that has caught the attention of the public, namely online applicationbased transportation providers. The names that are known in the community are like gojek, grab, and so on. In the concept of a rule of law, both Continental Europe and Anglo Saxon, it is known that there is an element of protection of human rights and equality before the law, but regarding the operational area for online-based transportation service providers there are no national rules that regulate it so that it often creates legal problems between conventional transportation with online-based transportation.
PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN SEPEDA MOTOR DI WILAYAH HUKUM POLSEK KUTA UTARA I Nyoman Suryana
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.606

Abstract

In essence, resolving criminal acts based on restorative justice at the police level involves a legal product in the form of a settlement carried out in the form of a termination of the investigation and inquiry, or the issuance of an SP3 (Investigation Termination Order), on the grounds that the perpetrator and victim have agreed to reconcile regarding the crime committed. Or, through a peace agreement letter signed by the parties. Restorative justice settlement at the police level is carried out with material and formal requirements. This is regulated in Articles 5 to 6 of Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice.
Co-Authors Agustina Ni Made Ayu Darma Pratiwi I Gusti Ayu Intan Purnamaningrat