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Ganesha Law Review
Published by Universitas Pendidikan Ganesha
ISSN : 26569744     EISSN : 26849038     DOI : https://doi.org/10.23887/glr.v1i1
Core Subject :
GANESHA LAW REVIEW is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. GANESHA LAW REVIEW is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja. GANESHA LAW REVIEW accepts any manuscripts or articles in the field of law or legal studies from both national and international academicians and researchers. GANESHA LAW REVIEW is published two times a year (in May and November).
Arjuna Subject : -
Articles 146 Documents
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UPAYA PERLINDUNGAN HAK CIPTA KONTEN YOUTUBE WNA YANG DIJIPLAK OLEH WNI DALAM PERSPEKTIF BERN CONVENTION Indirakirana, Ayu; Millenia Krisnayanie, Ni Ketut
Ganesha Law Review Vol 3 No 2 (2021): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

Intellectual Property Rights are rights relating to property arising from human intellectual abilities. This ability can be in the form of works in the fields of technology, science, art and literature. The development of technology today is very supportive of the development of a person's creative work which is increasingly diverse with high creativity. One of the media that is currently widely used is youtube. Video uploaded on social media youtube is one of the copyrighted works protected by copyright by law, namely Law Number 28 of 2014 concerning Copyright. However, in practice there are still frequent violations of video copyright works which are the property of an author. One of the violations that often occurs is the plagiarism of foreign YouTube content by Indonesian citizens. Plagiarism of other people's work of YouTube content is a copyright infringement. Copyright is an important topic for the YouTube community. Intellectual Property Rights are so important in relations between nations, they are closely related to international trade.
PERKARA PENOLAKAN PEMBATALAN MEREK TERDAFTAR DALAM GUGATAN PERDATA ANALISIS PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 02/MEREK/2002/PN.NIAGA.JKT.PST Made Dwipayani, Desak; Fazriyah, Nurul
Ganesha Law Review Vol 3 No 2 (2021): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

ccording to Article 1 paragraph (1) of Law no. 20 of 2016 concerning Marks and Geographical Indications which determine that a brand is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in two dimensions and / or three dimensions, sound, hologram, or a combination. of the two or more elements to distinguish goods and / or services produced by persons or legal entities in trading activities of goods and / or services. A registered mark that already has a reputation is often imitated in bad faith by other parties and registered as a trademark. The purpose of this article is to analyze the Decision on the Case for Rejection of the Cancellation of a Registered Mark in a Civil Lawsuit Analysis of the Decision of the Central Jakarta Commercial Court Number 02 / Mark / 2002 / PN.Niaga.Jkt.Pst The method used in this article is normative legal research with reference to Article 21 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, Books on Intellectual Property Rights, especially Brands. The result of this research is that the Defendant rejects the defendant's lawsuit because it is not proven that the defendant's good faith exists, and the Defendant's trademark registration is in accordance with and complies with the provisions of Articles 4, 5, and 6 of the Trademark Law and there is no substantive similarity between the plaintiff's and the defendant's marks.
ANALISIS YURIDIS PELANGGARAN HAK CIPTA PADA PERBUATAN MEMFOTOKOPI BUKU ILMU PENGETAHUAN Sastrawan, Gede; Sastrawan, Gede
Ganesha Law Review Vol 3 No 2 (2021): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

This article discusses the Juridical Analysis of Copyright Infirigement On The Act Of Photocopying Books of Science. Copyright is a part of Intellectual Property Rights (HKI). The copyright phrase comes from a foreign term, namely Copyrights. The term Copyrights was first put forward in the Berne Comvertion (International Convention on Copyright concerning the protection of Art and Literature) which was held in 1886. According to Article 1 number (1) of Law Number 28 of 2014 concerning Copyright, it states that "Copyright is the right exclusive to the creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of the legislation.
PROSEDUR PENDAFTARAN DAN PENGALIHAN MEREK SERTA UPAYA PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL MENURUT UNDANG-UNDANG NOMOR 15 TAHUN 2001 Jotyka, Gossain; Ketut Riski Suputra, I Gusti
Ganesha Law Review Vol 3 No 2 (2021): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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Abstract

Based on Article 1 of Law No.15 of 2001 concerning Marks, what is meant by Mark is signs in the form of pictures, names, words, numeric letters, color arrangements, or a combination thereof these elements which have distinctive power and are used in the world of commerce goods or services. The marks are trademarks and service marks. The collective brand is a brand used on goods or services with the same characteristics that are traded by several people or legal entities together to differentiate goods or services the like. In a trademark there is a license term, namely a license granted by the owner of the registered mark to a person or persons collectively or a legal entity for use the mark, for goods or services. In the world of trade it often happens brand violation. Trademark infringement is basically committed by parties who have bad ethics to make a profit, which can harm the brand owner legitimate. Indications of violations based on Trademark Law No.15 of 2001, exist several classifications regarding brand counterfeiting, namely using the same mark as a whole, using the same brand in essence, using the same mark, uses the same mark substantially as the geographical indication. Apart from that there are also counterfeiting of registered marks. In fact, registered trademarks must be protected by the State through Trademark law
FULFILLMENT OF EDUCATION RIGHTS IN THE BORDER AREAS OF INDONESIA AND MALAYSIA Endah Rantau Itasari
Ganesha Law Review Vol 1 No 1 (2019): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v1i1.14

Abstract

The opening of access to education for all citizens is a conditio sine qua non value of freedom and justice. As long as there are citizens who cannot get access to education, even though at the most basic level, the state is the agency most responsible for this injustice. Without the guarantee of these basic needs, citizen participation in a democratic climate that allows for upward social movements to be far from expectations The elimination of discrimination should be done by providing the widest opportunity for every citizen to get an education, so that cheap schools, even free, will be created for all the people without exception. Therefore the government is required to be able to be fair by providing equal opportunities for every citizen to take education (formal) and be able to protect and guarantee the rights of citizens, especially for those who are financially incapable so that they can continue to receive proper education.
THE EKO-TEOCRACY CONCEPT IN DISPOSAL SETTLEMENT OF OIL POLLUTION IN THE SEA BY TANKER SHIP Elly Kristiani Purwendah
Ganesha Law Review Vol 1 No 1 (2019): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v1i1.15

Abstract

The shift in the Eco-Theocratic thinking in resolving oil pollution disputes at sea by tankers is intended as a new paradigm reconstruction that is more oriented to deep ecology with an ecoliteracy perspective towards a new ecodesign environment as an equal subject to human beings resisting anthropocentrism toward society sustainable sociaty and sustainable environmental development. This concept was built through an analysis of the shift in the perspective of philosophical figures from the organic paradigm of nature to the mechanistic paradigm of new nature and paradigms in looking at nature systemically, holistically and ecologically. This new ecoliteracy paradigm is analyzed through a system of democracy, ecocracy and theocracy with a measure of theology and paradigm of the Pancasila.
BASIC IDEAS FOR DETERMINING DEATH CRIMINAL THREATS IN LAW NUMBER 35 OF 2009 ON NARCOTICS Faissal Malik
Ganesha Law Review Vol 1 No 1 (2019): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v1i1.16

Abstract

The basic idea of ​​using the threat of capital punishment against perpetrators of "producers and dealers" regulated by Law Number 35 of 2009 concerning Narcotics as a policy to combat narcotics crime is based on several reasons, including: First, narcotics crimes committed by perpetrators of "producers and distributors "Organized and systematic patterns, because they are carried out with a very sophisticated modus operandi and have networks to circulate and trade for purely economic interests, so it is not easy to uncover and prove it. Second, the circulation and abuse of illicit drug trafficking by perpetrators of "producers and distributors" is a threat that sooner or later gives a serious impact because it destroys young generation, destroys the nation and the state that is not less powerful than criminal acts of terrorism and corruption, due to the fact that arising from narcotics abuse has caused victims of HIV / AIDS and hepatitis, even death among the very young generation. So that the Government of the Republic of Indonesia is of the view that the actions of the perpetrators of "producers and distributors" in producing and distributing narcotics are crimes against humanity, because their actions can destroy humanity slowly but surely.
INITIAL PUBLIC OFFERING (IPO) OF CAPITAL MARKET AND CAPITAL MARKET COMPANIES IN INDONESIA Hartana Hartana
Ganesha Law Review Vol 1 No 1 (2019): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v1i1.17

Abstract

From the aspect of Capital Market Law, the Initial Public Offering (IPO) conducted by PT. Dian Swastatika Sentosa Tbk (PT. DSS Tbk) is legitimate and has complied with all the provisions governing this matter. This can be seen in a series of stages of the IPO implementation carried out by PT. DSS Tbk. Likewise, if viewed from the legal aspects of Mineral and Coal Mining, it does not indicate any contradiction with the article governing Coal Mining if it is associated with the IPO process of PT. DSS Tbk. In conducting the IPO, PT. DSS Tbk does not experience significant obstacles. The only obstacles faced are small bureaucratic obstacles and policies can be overcome by the active role of Bapepam-LK. This shows that Bapepam-LK has acted as a dynamic supervisor.
HARMONISASI NORMA HUKUM BAGI PERLINDUNGAN HAK KEPERDATAAN ANAK LUAR KAWIN DALAM SISTEM HUKUM INDONESIA Bernadeta Resti Nurhayati
Ganesha Law Review Vol 1 No 1 (2019): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v1i1.19

Abstract

Communities and laws have long discriminated against children outside of marriage. This causes out of wedlock children to get a negative stigma in their daily lives. People call it with various terms such as: “anak haram”, “haram jadah”, “anak kowar”, “anak astral” and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. An urgent issue to be resolved is disharmony in written legal norms that regulate the protection of children outside of marriage. The research objective is to evaluate and harmonize the legal norms that exist in the field of protection of civil rights of non-married children. Harmonization of these legal norms is based on the practice of legal protection, doctrine, and written norms that are directly related to the protection of extramarital children in Indonesia. This research is a complement to the dissertation. In this research, an inventory of positive legal norms in the field of status and position of out-of-child children, legal practices relating to the protection of children outside of marriage and the relevant legal theory to see the possibility of protection of children's rights. In this research, mapping of norms and institutions will be conducted to find out the parts that are conflicting / incompatible with each other, as a basis for formulating harmonization of laws and regulations in the field of status and position of children outside of marriage. From this harmonization, it is expected that norms that need to be revised will be found and formulas for norms that provide protection for civil rights for married children in Indonesia. Outputs are in the form of: draft dissertations that have been approved by promoters, reputable international scientific publications, accredited national publications, speakers of national and international meetings, and additional outputs in the form of draft reference books.
POLICY MODEL OF FINANCIAL RESPONSIBILITY AND MEASUREMENT OF BALI WOMEN PERFORMANCE IN SEKAA CINGKREMAN (FEASIBILITY STUDY OF PUBLIC SERVICES) Ni Ketut Sari Adnyani; Ni Nyoman Mandriani; Ni Kadek Putus Asrini
Ganesha Law Review Vol 1 No 1 (2019): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v1i1.20

Abstract

This research is motivated by the problem of service management for members who are recruited as customers based on mutual agreement. In terms of implementation, this is commonly practiced by Balinese women to set aside a portion of their income to be saved (cingkreman). However, if it is identified by a mechanism based solely on agreement, sometimes if there is an dishonest administrator it will have an impact on the losses of its members who are cingkreman customers. The issue of accountability becomes urgent in measuring the financial responsibility of the employees; the management has not been able to measure performance in providing services to sekaa cingkreman members; Cingkreman savings collection which deposits are also based on agreement, in terms of recording still manual and not systematic indicates that financial management has not been organized on a number of occasions the influence of management of all cingkreman has not yet achieved optimal results. In general, this study aims to develop a model of financial accountability and measurement of the performance of Balinese women in sekaa cingkreman (feasibility studies of public services). The method used in this study is a type of research developing a public service policy model among members of the sekaa cingkreman consisting of Balinese women. The policy of financial accountability can be seen from the perspective of Transparency. The techniques of collecting data are observation, interviews and documentation studies, data analysis techniques using qualitative descriptive techniques. The results of this study are models of financial accountability policies that show public service by Balinese women who are members of the sekaa cingkreman.

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