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<![CDATA[PENERAPAN DOKTRIN FAIR USE TERHADAP PEMANFAATAN HAK CIPTA PADA PLATFORM DIGITAL SEMASA COVID 19 DI INDONESIA ]]>
<![CDATA[Rika Ratna Permata]]>;
<![CDATA[Tasya Safiranita]]>;
<![CDATA[Yuliana Utama]]>;
<![CDATA[Reihan Ahmad Millaudy]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i1.3750
<![CDATA[The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.]]>
<![CDATA[PELINDUNGAN PATEN DALAM PERSPEKTIF FUNGSI HUKUM SEBAGAI KONTROL SOSIAL DAN REKAYASA SOSIAL: - ]]>
<![CDATA[Sudjana Sudjana]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i1.3757
<![CDATA[Law is a means of social control to direct people to take actions in accordance with applicable regulations so as to create order and peace. While the function of law as social engineering is to change human behavior in order to uphold justice and respect obligations under the law. This study aims to determine the function of law as social control and social engineering related to patent protection. The research method used is a descriptive analytical approach to legislation. Data collection was carried out through literature study while data analysis was carried out in a qualitative normative manner. The results of the study show that the legal function as social control related to patents is the object, terms and procedures of protection and the period of protection, while the subject of protection and legal action in case of violation is the function of law as social engineering. However, in order to understand the requirements for granting patents and to eliminate the impression that patent registration is too procedural and to increase legal awareness in order to respect patents by other parties, it is necessary to continuously disseminate information or information through print or electronic media with the use of technological means which are currently developing rapidly so that can support the effectiveness of social control and social engineering as mandated by the Patent Law.]]>
<![CDATA[PENCANTUMAN SERTIFIKAT KEANDALAN (LOGO TRUSTMARK) SEBAGAI BENTUK PERLINDUNGAN KONSUMEN E-COMMERCE DITINJAU DARI PERATURAN YANG BERLAKU ]]>
<![CDATA[Nathania Tesalonica]]>;
<![CDATA[Bernadetta Tjandra Wulandari]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i1.3874
<![CDATA[The development of information and communication technology that is increasing has made a major contribution to meeting human needs. The presence of the internet provides convenience in making buying and selling transactions, through e-commerce. The presence of Law no. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions is one of the legal instruments in protecting e-commerce consumers. The law regulates one form of protection that can be carried out through the inclusion of a certificate of reliability (trustmark). Based on the analysis using the normative juridical research method, it was found that in the case of the inclusion of a reliability certificate (trustmark) issued by a Foreign Reliability Certification Agency, the government has not taken legal action regarding this matter, so that the inclusion of a reliability certificate (trustmark) can still be applied as long as there are no regulations issued. Arrange. In relation to legal actions that can be taken by the parties for losses in e-commerce transactions due to the absence of a trustmark logo, namely by imposing sanctions on business actors and consumers can demand rights that should be fulfilled in buying and selling transactions through existing mechanisms.]]>
<![CDATA[PENERAPAN PRINSIP BUSINESS JUDGEMENT RULE TERHADAP DIREKSI ATAS PERBUATAN MELAWAN HUKUM KARYAWAN KARENA MENETAPKAN DISKON PEMBELIAN EMAS ANTAM SECARA SEPIHAK ]]>
<![CDATA[Indriyani Kusumawati]]>;
<![CDATA[Yeti Sumiyati]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 1 (2021): Journal Dialogia Iuridica Vol 13, No.1 Year 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i1.3880
<![CDATA[Unlawful acts cannot be separated by a violation of one's rights. This research is based on the phenomenon of directors who are penalized for unlawful acts committed by their employees. In 2021, PT Antam appealed to the court because the board of directors felt aggrieved by the judge's decision to impose damages on the directors of PT Antam. In fact, those who do illegal acts to the detriment of consumers are Eksi Anggraeni and the two employees, Misdianto and Ahmad Purwanto through the lure of discounts without the approval of the company. Limited Liability Companies Law implicitly regulates the concept of legal protection that is already known in some countries, namely the principle of Business Judgement Rule. This principle can be used by directors as a basis for legal protection to achieve justice. Therefore, the purpose of this research is to review the responsibility of the board of directors for actions against employee law that stipulates discounts on the purchase of Antam gold unilaterally associated with the law of limited liability companies and review the application of the principles of Business Judgement Rule to directors who must be responsible for actions against the law of employees. The results of this study concluded that the directors of PT Antam cannot be held accountable. Furthermore, the application of the Business Judgement Rule principle has not been applied to this case, so legal protection to the board of directors is still ignored by the judge and has not shown justice.]]>
<![CDATA[Analisis Yuridis Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Dalam Bidang Ketenagakerjaan ]]>
<![CDATA[Winsherly Tan]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i2.3630
<![CDATA[After the enactment of Act Number 11 of 2020 concerning Job Creation, we consider that a more comprehensive study is needed for businessman and academic to sharpen understanding related to the latest labor law regulations. So, we took the initiative to compile this article manuscript in the hope of contributing thought related to the substance to be discussed, namely changes in labour law in the Job Creation Law. The Discussion tha will be discussed in this article is the forms of changes in labor law and the substance of the changes contained in the Job Creation Law. This article aims to provide a comprehensive understanding related to the labor law after revision of Act Number 13 of 2003 concerning Employment in the Acr number 11 of 2020 concerning Job Creation. By using this type of normative research, it is hope that this research can provide a comparison of previous labour law (before revision) with the post revision. The result of the research in this article describes the various forms of changes in labor law in the form of table descriptions to facilitate understanding regarding the substance of these changes.]]>
<![CDATA[Pembaharuan Hukum Kekayaan Intelektual Indonesia dalam Perspektif Pemberdayaan Perempuan Adat (Studi di Pulau Lombok) ]]>
<![CDATA[Budi Sutrisno]]>;
<![CDATA[Dwi Martini]]>;
<![CDATA[Ahmad Zuhairi]]>;
<![CDATA[Yudhi Setiawan]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i2.4180
<![CDATA[One of the issues that requires adequate attention in IP law framework is the empowerment of adat communities especially women. As they highly depend on various forms of communal Intellectual Property conceived and nurtured in their communities. This research formulate questions related to the form of Indonesia's IP law reformation and how is the contribution of the reformation to the empowerment adat women of Lombok island. Applied research method is normative-empirical legal research method. It combines primary legal material in the form of literatures with secondari legal materials, in the form of in-field data that collected through observations and interviews with informants. research result indicates that reformation has been conducted in the field of Copyright, Patent and Trademark. The most important part of the reformation is that those laws accomodate the protection and acknowledgement of communal IP. Lombok's adat women empowerment has not maximally conducted due to the lack of coordination among related institutions as well as lack of socialization on the importance of IP protection. An appropriate arrangement of communal IP is the main condition to empower Lombok adat women, considering that it is the closest and most accessible resource for them. Keywords: Reformation, law, intellectual, property, women]]>
<![CDATA[Tinjauan Normatif Kedudukan Lembaga Manajemen Kolektif Nasional (LMKN) sebagai State Auxiliary Organ berdasarkan Peraturan Pemerintah No. 56 Tahun 2021 tentang Pengelolan Royalti Hak Cipta Lagu dan/atau Musik ]]>
<![CDATA[Mohamad Alen Aliansyah]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i2.4215
<![CDATA[The Government Regulation No. 56 of 2021 on Management of Song and/or Music Royalty (PP No. 56/2021) has given a huge impact in regulating National Collective Management Organization (LMKN) since it has given more detailed provisions for LMKN in terms of its definition, legal standing, and function than that on Ministry of Law and Human Rights No. 36 of 2018 on Procedures for Application and Issuance of Operational Permits and Evaluation of Collective Management Institutions. In PP No. 56/2021, LMKN has been defined as Lembaga Bantu Pemerintah (State Auxiliary Organ) and given authority to use its operational funds that come from royalties being collected by them. However, those provisions seem to be problematic as the previous basis regulation has not yet regulated the stipulations. By using stufentheorie created by Hans Kelsen and then developed by Hans Nawiasky, therefore, this research aims to know if the provisions of LMKN as State Auxiliary Organ and the authority given to LMKN to use operational funds from collected royalties as regulated in PP No. 56/2021 contradict with its ground norm. This research compares PP No. 56 of 2021 with Copyright Law and the other prevailing regulations and results that provisions of LMKN as a State Auxiliary Organ and the authority to use its operational funds are invalid. Therefore, the regulation needs to be harmonized to create a legal order. Keywords: National Collective Management Organization (LMKN), PP No. 56/2021, State Auxiliary Organ, Stufentheorie]]>
<![CDATA[Transparansi Informasi sebagai Bentuk Perlindungan Konsumen di Sektor Jasa Keuangan: Studi Komparasi di Indonesia, Singapura, dan Malaysia ]]>
<![CDATA[Trigaya Ahimsa]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i2.4391
<![CDATA[Abstract : Based on the data disclosed by Otoritas Jasa Keuangan (Financial Services Authority) as the supervisory body of the financial services sector, throughout 2020 and 2021, there are thousands of complaints regarding information provided and conveyed by financial services providers. This matter shall be observed carefully, since transparency of information is one of the principles commonly recognized in consumer protection field, both generally and in the financial services sector specifically. The transparency of information principle also directly correlates with the principle of responsible business conduct. The transparency of information regarding financial products and/or services may give the consumers a fair chance to compare said products and/or services, and to assess whether the products and/or services really fit the consumers’ needs. This study aims to dig deeper about the transparency of information principle regarding financial products and/or services, based on the domestic rule and international best practices. This study also compares the rules on the subject of transparency of information regarding financial products and/or services in Indonesia against the rules in Singapore and Malaysia. In this research, it has been found that the existing regulations are sufficient enough, although the regulator shall strengthen the supervisory effort, including the imposition of sanctions. Keywords : Consumer; Financial Services Sector; Transparency]]>
<![CDATA[Surat Pemblokiran adalah Objek Sengketa Peradilan Pajak (Studi Kasus Putusan Nomor: 142/G/2015/PTUN-JKT dan Putusan Nomor: 3/FP/2018/PTUN.JKT) ]]>
<![CDATA[Elfrieda Anggi Basamarito]]>;
<![CDATA[Anna Erliyana]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i2.4449
<![CDATA[The position of the_tax dispute should not be the object_of a positive fictitious petition Article 53 of Law_Number 30 of 2014 Jo. Regarding Government Administration Juncto Law Number 11 of 2020 concerning Job Creation. The Tax Court is a special_judicial body within the State Administrative_Court. However, in its implementation, not all tax cases are addressed to the Tax Court. Judex Factie's decision in the positive fictitious application case number: 3/P/FP/2018/PTUN.JKT is correct and can be used as jurisprudence for non-tax court justice institutions, so according to normative juridical provisions it can be stated and confirmed that tax products issued by The taxation apparatus authorized in Indonesia is not included in the object regulated_in Article 53_of the Juncto Government Administration Law, Article 175 of the Job Creation Law, so that a positive fictitious application cannot be submitted to the_State Administrative_Court. Keywords: Tax Disputes, Tax Products, State Administrative Court]]>
<![CDATA[Penyelesaian Sengketa antara Konsumen dengan Pelaku Usaha yang Berbasis Pada Wanprestasi Atas Perjanjian Pembiayaan: (Studi Kasus: Putusan Mahkamah Agung Nomor 481K/Pdt.Sus-BPSK/2015) ]]>
<![CDATA[Muh. Afdal Yanuar]]>
<![CDATA[ Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
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DOI: 10.28932/di.v13i2.4459
<![CDATA[The purpose of this paper is to describe the object and mechanism for disputes resolution mechanism between consumers and business actors based on Law Number 8 of 1999 concerning Consumer Protection, and disputes resolution between consumers and business actors based on default on financing agreements. (Case Study of Supreme Court Decision Number 481K/Pdt.Sus-BPSK/2015). The background issue in this paper is because there is still a Consumer Dispute Settlement Agency (BPSK) which considers that disputes between consumers and business actors based on financing agreements are ‘consumer disputes’, when it should be a ‘default dispute’ that is tried in the District Court. This paper uses normative research with a statute, conceptual, and case approach. The results of this paper illustrate that the object of dispute between business actors and consumers as determined under the Consumer Protection Law is 'consumer disputes', that is disputes arising from consumers suffering damage, and/or consumer losses due to consuming goods and/or services produced by business actors. Furthermore, the mechanism for resolving consumer disputes can be done by, consumers file a consumer dispute lawsuit which is resolved in the form of non-litigation (through BPSK) or litigation (through the district court). Moreover, in the context of a dispute between a consumer and a business actors based on a default on a financing agreement, the lawsuit submitted is a 'defaults' lawsuit, which is directly submitted to the District Court. This has also become a legal consideration in the Supreme Court's Decision Number 481K/Pdt.Sus-BPSK/2015, and several jurisprudence related to the case.]]>
