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Pelindungan Hukum dan Upaya Optimalisasi Potensi Ekonomi Indikasi Geografis Kopi Robusta Java Bogor Adyatma, Emir Fauzan; Palar, Miranda Risang Ayu; Rafianti, Laina
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14950634

Abstract

Penelitian ini mengkaji pelindungan hukum dan optimalisasi potensi ekonomi Indikasi Geografis Kopi Robusta Java Bogor. Meskipun telah mendapatkan pelindungan hukum, potensi ekonomi produk Indikasi Geografis ini belum sepenuhnya terealisasi akibat tantangan dalam strategi pemasaran, rendahnya kesadaran konsumen, dan lemahnya penegakan regulasi Indikasi Geografis. Penelitian ini menggunakan pendekatan yuridis normatif dan yuridis sosiologis dengan menganalisis bahan hukum primer dan sekunder, serta studi lapangan melalui wawancara terpimpin. Hasil penelitian menunjukkan bahwa penerapan konsep traceability dan pendaftaran internasional dapat mengoptimalkan potensi ekonomi serta daya saing Kopi Robusta Java Bogor di pasar global. Selain itu, strategi jenama dan pemanfaatan platform digital direkomendasikan untuk memperluas jangkauan pasar dan meningkatkan pengenalan produk.
Pelindungan Hukum Atas Monetisasi Koreografi pada Program Tantangan Menari yang Diunggah Dalam Platform Tiktok Feliany Kowanda; Miranda Risang Ayu Palar; Laina Rafianti
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i3.1880

Abstract

The understanding of TikTok users tends to be less concerned about someone's creative work. This has led to the widespread practice of TikTok users using choreography creations for monetization on the TikTok platform without the creator's permission. This study aims to determine the legal protection for creators of Dance Challenge choreography regarding monetization on the TikTok platform based on Law Number 28 of 2014 on Copyrights and to determine dispute resolution for choreography owners regarding monetization of Dance Challenge choreography by others without permission on the TikTok platform based on applicable laws and regulations. This research was conducted using the normative juridical and socio-legal approach methods. The research was conducted by conducting both library and field research as the primary research materials. Based on the conducted research, the results show that TikTok users who create and upload choreography works on the TikTok platform automatically receive copyright protection for those choreography works. If a creator feels that their choreographic work has been monetized by others without their permission, the creator can report it through TikTok administration, alternative dispute resolution, arbitration, or legal proceedings.
Urgensi Pelindungan Indikasi Geografis Tembakau Lamsi Temanggung untuk Menjaga Keaslian dan Kualitas Produk Berdasarkan UU Nomor 20 Tahun 2016 Christina Basanova Sidabalok; Miranda Risang Ayu Palar; Helitha Novianty Muchtar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6861

Abstract

This study explores the importance of protecting the Geographical Indication (GI) of Lamsi Tobacco from Temanggung to safeguard its authenticity and maintain product quality, in accordance with Law Number 20 of 2016 on Marks and Geographical Indications. Lamsi Tobacco is known for its distinctive taste, aroma, and quality, which are influenced by the geographical conditions of Temanggung as well as traditional cultivation practices passed down through generations. However, without legal protection, the authenticity and reputation of this product risk being diminished due to counterfeiting or unauthorized use of its name. The research method employed is normative juridical, which focuses on library research or secondary data by viewing law as a set of written norms enacted by authorized institutions. To strengthen the analysis, this study is also supported by a socio-legal approach that combines legal studies with social sciences so that law is understood not only as written norms but also as a practice that lives within society. The findings indicate that Lamsi Tobacco meets the criteria for Geographical Indication as stipulated in Law No. 20 of 2016 Protection through Geographical Indications not only plays a role in preserving the authenticity and quality of the product but also generates positive economic and social impacts for the community, particularly farmers. Nevertheless, several obstacles remain, such as low legal awareness, administrative difficulties, and the absence of a strong managing institution. Therefore, coordination between the central government, local government, farmer associations, and the community is necessary to realize effective legal protection. Through the registration and protection of Geographical Indications, Lamsi Tobacco is expected to maintain its reputation, increase competitiveness in the market, and make a tangible contribution to the welfare of the Temanggung community as well as the preservation of local culture.
Protection Of Geographical Indications Of Andaliman Humbang Hasundutan Spices Is Reviewed From Law No. 20 Of 2016 Concerning Brands And Geographical Indications Letare Sasja Natama; Miranda Risang Ayu; Helitha Novianty Muchta
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 11 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i11.742

Abstract

Indonesia is a country that has known for the richness of spices, one of which is andaliman. Andaliman is a spice that similar with pepper but has a bitter, spicy taste and distinctive aroma. Andaliman itself only grows in several districts in North Sumatra, one of which is Humbang Hasundutan District. Andaliman Humbang Hasundutan Regency has great potential in both national and international markets, and it can be said that andaliman is an Intellectual Property owned by Humbang Hasundutan Regency and Indonesia which must be given legal protection, namely Geographical Indications, but until now there has been no legal protection given to Andaliman Humbang Hasundutan. So the aim of this research is to see whether Geographical Indication protection can be given to Andaliman Humbang Hasundutan Regency based on Law no. 20 of 2016 concerning Brands and Geographical Indications. This research was conducted using qualitative research methods with a normative juridical approach. The results of this research are that Andaliman Humbang Hasundutan can be given Geographical Indication protection, however there are several elements that must be improved and fulfilled so that Andaliman Humbang Hasundutan and legal action that can be taken by the Government and the people of Humbang Hasundutan Regency are to fulfill the elements of Geographical Indication that has not been fulfilled by Andaliman Humbang Hasundutan.
Copyright Law Protection in Metaverse, The Sandbox Based on Positive Law in Indonesia Ghina Nabilah; Miranda Risang Ayu Palar; Helitha Novianty Muchtar
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i01.857

Abstract

Metaverse, as one of the innovations of technological developments, can present copyright in it, such as the existence of NFTs in The Sandbox metaverse. The existence of NFTs as digital copyrights in The Sandbox raises problems, one of which is that legal regulations in Indonesia need to regulate the ownership and position of NFTs clearly, and no system can confirm the authenticity of these NFTs. This study aims to determine the protection of NFTs in The Sandbox metaverse and to find out the technical settings in The Sandbox metaverse to protect NFTs based on legal, technological, and theoretical aspects used in research. This research uses normative juridical methods by analyzing laws, regulations, and legal literature. Although not explicitly regulated in Indonesia's positive law, NFT as a digital work in The Sandbox is an object of copyright referring to the Copyright Law. Electronic systems may seek the use of architecture or technology ("code") in conjunction with market modalities, social norms, and laws to protect copyright
Legal Certainty on Licensing and Royalty Mechanisms in Public Performances in the Form of Music Concerts Following the Constitutional Court's Decision Melawati Widyafitri; Miranda Risang Ayu Palar; Tasya Safiranita Ramli
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3099

Abstract

The use of musical works in public performances in the form of music concerts frequently gives rise to disputes among composers, performers, and event organizers within the music concert industry ecosystem. Legal uncertainty concerning licensing mechanisms and royalty payments for the explotation of the economic rights in music concerts constitutes one of the underlying factors contributing to legal disputes arising after the performance has taken place. The Constitutional Court Decisions Number 28/PUU-XXIII/2025 and Number 37/PUU-XXIII/2025, rendered in the context of judicial review of Copyright Law Number 28 of 2014, provide a constitutional interpretation of the regulation governing the use of musical works in public performance. However, in practice, these decisions continue to leave room for legal uncertainty, particularly concerning the timing of licence fulfilment and the obligation to pay royalties. This study adopts a normative juridical method, employing statutory and conceptual approaches. The findings of the study indicate that, following the Constitutional Court decisions, further regulatory measures are to specifically govern the mechanism of obtaining licences and paying royalties in public performance in the form of music concerts. In addition, preventive measures legal violations may be implemented through a clear contractual arrangements in cooperation agreements between performers and event organizers, particularly concerning obligations related to licence fulfilment and royalty payments, in order to ensure legal certainty, the protection of economic rights, and a balanced framework for all parties involved.
PENGUNGKAPAN INFORMASI ASAL SUMBER DAYA GENETIK DALAM SISTEM HUKUM PATEN NASIONAL: KESENJANGAN NORMATIF DALAM AKSES DAN PEMBAGIAN MANFAAT Emillia Isni Maulidina; Miranda Risang Ayu Palar; Laina Rafianti
Veritas et Justitia Vol. 12 No. 1 (2026): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v12i1.9643

Abstract

The increasing commercialization of inventions derived from genetic resources has intensified concerns regarding the disclosure of the origin of genetic resources and the effective implementation of the principle of access and benefit-sharing (ABS). Inadequate disclosure mechanisms risk facilitating the non-compliance with the obligation to disclose the origin of genetic resources and weakening legal certainty concerning the fair distribution of benefits arising from their utilization. This article examines the role of disclosure of origin requirements in strengthening the protection of genetic resources within Indonesia’s patent law framework. This study employs normative legal research methods to analyze the regulation and implementation of disclosure obligations concerning genetic resources in the national patent system. The findings reveal three principal issues. First, regulations governing genetic resources, particularly in the agricultural sector, have not adequately regulated benefit-sharing mechanisms, creating legal uncertainty for plant genetic resources used in patented inventions. Second, disclosure of origin functions as an important control mechanism for enforcing the principle of ABS within the patent system. While non-disclosure may impede the implementation of ABS obligations, it does not automatically establish a violation of those obligations. Third, failure to disclose accompanied by bad faith may justify patent revocation, particularly where genetic resources are intentionally concealed or misappropriated to secure exclusive patent rights. Accordingly, this research recommends reforming Indonesia’s patent law framework through the adoption of a legal provenance disclosure model.
Data Identification of Cirebon Batik West Java Source of Strength Geographical Indication Komarudin Kudiya; Miranda Risang Ayu
Kosmik Hukum Vol. 20 No. 2 (2020)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v20i2.6954

Abstract

In the history of batik in Indonesia, We used to know that batik is identified with Javanese culture. In addition, the use of batik cloth is limited to the royal court with a variety of very strict rules. But in its development, batik is no longer owned by Javanese, batik has now become one of the "national clothes" of Indonesia that is used by Indonesians throughout the archipelago on various occasions. In West Java batik has grown and developed in 27 regencies/cities spread from the eastern part of the Cirebon district to the western of West Java, Depok. There are potential characteristics and excellences from each region in West Java that people could not find in other regions. The uniqueness and characteristics of batik in certain area are part of the protection system of geographical indications that identify an area of the country, as the origin region of the product, where the reputation, quality and characteristics of related products are largely determined by geographical factors in the region. The need for a complete and accurate identification in the protection of Geographical Indications is very important considering batik products in West Java have enormous potential that can be protected as part of Geographical Indications (IG) which can be used as marketing tools in the world of commerce, both at the national and international level.Keywords: Cirebon Batik, Geographical Indication, Identification