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All Journal Jurnal Hukum dan Pembangunan
Ilham, Fajar Hidayansyah
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Pemberian Wilayah Izin Usaha Pertambangan Khusus Kepada Badan Usaha Milik Organisasi Kemasyaraktan Keagamaan Tanpa Mekanisme Lelang Ilham, Fajar Hidayansyah; Anggraeni, Marchellina Shagyna
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Natural resources is one of the essential aspects of life and human existence. Indonesia is known as a country with abundant natural resources. Therefore, their management must be conducted transparently to prevent corruption and ensure that natural resources are managed in the most efficient and beneficial way fore the community. If natural resources controlled by the state are not managed based on principles reflecting justice, there is a potential that the benefits will only be enjoyed by a small group of people. The mechanism of granting Special Mining Business Permits (WIUPK) through auction is one way to embody the principles of transparency, prevent corruption, and ensure that natural resources are managed in the most efficient and fair manner. However, recently, president jokowi’s government issued Government Regulation No. 25 of 2024, amending Government Regulation No. 96 of 2021 on the implementation of Mineral and Coal Mining Business Activities, which grants special treatment to business entities owned by religious community organizations to obtain WIUPK trough a priority offer mechanism without an auction process. This study uses a normative juridicial method with a legislative approach. The results of the study show that there is a conflict of norms in granting WIUPK to business entities owned by religious community organizations without an auction mechanism, as well as several issues arising from the enforcement of these norms.
Tinjauan Frasa “Setiap Orang” dalam Pasal 3 Ayat (1) Peraturan Pemerintah Nomor 56 Tahun 2021 tentang Pengelolaan Royalti Hak Cipta Lagu dan/atau Musik Ilham, Fajar Hidayansyah; Ticoalu, Luna Dezeana
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Copyright is one form of legal protection for intellectual works, occupying an important position within the intellectual property law system. The Copyright Law explicitly grants exclusive rights to creators, encompassing both moral rights and economic rights. Economic rights, as stipulated in Article 9 paragraph (1), allow creators to obtain economic benefits from their works, ranging from publication, reproduction, distribution, performance, to communication to the public. This provision shows that creators hold a primary position as legal subjects entitled to protection, while also serving as central actors in the creative industry ecosystem. In practice, the mechanism for copyright protection requires implementing instruments that regulate the utilization of works, particularly in the context of commercial use. However, Article 3 paragraph (1) of Government Regulation No. 56 of 2021 introduces new issues. Article 3 paragraph (1) of PP 56/2021 can be interpreted as restricting those rights by imposing an obligation to pay royalties. In addition to creating a potential normative conflict, the practice of royalty collection by the National Collective Management Agency (LMKN) also raises questions regarding its effectiveness and fairness. This paper specifically examines the phrase “Every Person” in the context of Article 3 paragraph (1) of PP 56/2021 and its impact on the rights of creators, providing a critical review of the norm that has the potential to generate legal uncertainty.
Co-Authors Anggraeni, Marchellina Shagyna Ticoalu, Luna Dezeana