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All Journal Repertorium: Jurnal Ilmiah Hukum Kenotariatan SPORTIVE: Journal Of Physical Education, Sport and Recreation
Yasmine, Mayesha Andriana
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Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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KEWAJIBAN MEDIASI SEBELUM GUGATAN GANTI RUGI PERDATA ATAS PELANGGARAN HAK CIPTA DI INDONESIA Yasmine, Mayesha Andriana
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 10 No. 2 (2021): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v10i2.1432

Abstract

Copyright is the exclusive right of the creator that appears automatically based on declarative principles. As one part of Intellectual Property Rights which has the widest scope of protected objects, copyright plays a major role in the development of the creative economy in Indonesia. However, there are problems with copyright regulations in Indonesia, namely Law Number 28 of 2014 concerning Copyright. The problem in question is contained in  Article 95 paragraph 1, the norm in that article is not appropriate because it is "regulating" (aanfullen) marked by the word "can" (dapay), while the norm in Article 95 paragraph 4 is "forced" (dwingen) marked by the word "must" (harus), the imbalance results in the non-binding of Alternative Dispute Resolution (ADR) and creates legal uncertainty for resolution of copyright disputes. Departing from this, this research purpose to determine appropriate efforts to solve the problem and the basis or supporting factors for these efforts. In addition to research purposes, this research also has uses consisting of theoretical and practical uses. Regarding the research method, the approach applied is normative juridical. Then the specification of this research is descriptive analytical. Regarding data, the collection technique applied is document study and the analytical method applied is normative qualitative. The results of this research, based on the principle of legal certainty, simple, quick, low-cost court principle, the legal theory of development, theories of the welfare state and the theory of economic analysis of law, the appropriate effort to overcome the problems in this research is to change the nature of norms in Article 95 Paragraph 1, by requiring mediation before filing a lawsuit for civil compensation in copyright disputes.
Photographing Community Sports in Public Spaces: A Sports Law Perspective Siahaan, Derry Renanda Putra; Yasmine, Mayesha Andriana
SPORTIVE: Journal Of Physical Education, Sport and Recreation Vol. 10 No. 1 (2026): 30 Maret 2026
Publisher : Prodi Pendidikan Jasmani dan Olahraga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/mjfvjh80

Abstract

The increasing practice of photographing individuals engaged in community sports activities in public spaces has raised legal concerns in the context of privacy and personal data protection. Community sports, such as running or exercising in public open spaces, are non-commercial activities aimed at health, fitness, and social participation. Nevertheless, photographs taken without the consent of the individuals depicted and later processed or commercialized through digital platforms create potential legal violations. This study examines the legality of such practices from the perspective of Indonesian sports law and related legal frameworks. Using a normative juridical method with statutory and conceptual approaches, this research analyzes Law Number 11 of 2022 on Sports, Law Number 27 of 2022 on Personal Data Protection, the Electronic Information and Transactions Law, and the Copyright Law. The study finds that participation in community sports within public spaces does not constitute implied consent to the capture, processing, or commercial use of personal images. Facial images are classified as personal data and require explicit consent. Furthermore, copyright protection of photographs does not override the personality rights of the individuals portrayed. Accordingly, stronger legal safeguards are necessary to protect individual rights while preserving the social function of public spaces and community sports.
Co-Authors Siahaan, Derry Renanda Putra