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Technology and Economics Law Journal
Published by Universitas Indonesia
ISSN : -     EISSN : 28286294     DOI : https://doi.org/10.21143/TELJ
Core Subject :
The Technology and Economics Law Journal aims to accelerate legal scholars and professionals to provide written reviews on the latest developments and problems in Economic and Technology Law in Indonesia. The Technology and Economics Law Journal provides a covering focus covering: Law: Commercial Law. Law: Intellectual Property Law. Law: Technology Law. Law: Other Law.
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Articles 46 Documents
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Masalah Penggunaan Ciptaan Sebagai Data Masukan Dalam Pengembangan Artificial Intelligence Di Indonesia Gema, Ari Juliano
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Abstract

The development of Artificial Intelligence (AI) is growing so fast. The availability of input data is important because it has a major impact on how the AI system will be developed. The use of copyrighted works as input data in AI development is also unavoidable. This paper tries to examine how the copyright law in Indonesia relates to the use of copyrighted works as input data for AI development. Based on the results of the study, it is known that the use of copyrighted works as input data for AI development in Indonesia still has to respect the exclusive rights of the creators to their works. A copyrighted work can be used as the input data without permission from its creator if it utilizes a work whose copyright protection validity period has expired and a work that uses an open license, and takes advantage of the provisions on copyright limitations and exceptions in the Indonesia's copyright law that allow the use of the copyrighted works without the permission of the creator with certain conditions. This paper provides suggestions that AI providers are treated as electronic system providers who are subject to registration obligations so that they can be required to disclose information when using copyrighted works as the input data, it is necessary to make a derivative regulation of Indonesia's copyright law which further explains the provisions on copyright limitations and exceptions, it is necessary to apply a non-exclusive license for mechanical rights (blanket license) thus simplify the licensing process for the use of copyrighted works as the input data for commercial and non-commercial purposes, the government needs to facilitate access to works whose copyright protection period has expired and works that use an open license, as well as to amend the Indonesia's copyright law to anticipate future AI developments.
Tinjauan Yuridis Terhadap Efek Bersifat Utang Berwawasan Lingkungan (Green Bond) Sebagai Instrumen Investasi Dalam Penerapan Sustainable Investment Di Pasar Modal Indonesia Josua L. Tobing, Kevin Sebastian; Setiawati, Wenny
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Abstract

Global attention to the climate change issues has significantly increasing. The manifestation of the increasing international awareness of the climate change’s threat was engraved in the Paris Agreement and Sustainable Development Goals Agenda by United Nations. These two agreements have created a universal term of reference for the concept of sustainable investment globally acknowledged. The concept of sustainable investment itself was developed from the shifting from values based investing approach into investment approach which based on sustainability principle and the integration of environmental, social, and governance factors. The development of sustainable investment on the fixed income assets classes has created a new instrument for investing that called green bond. For the purpose to issuing a green bond, every nations including Indonesia, have a different characteristic of regulation different from others. However, Indonesia have problems in implementing green bond: regarding the low risk assessment and credit rating from international institution for Indonesia’s private corporation. These problems created difficulties for Indonesian corporation in finding foreign investors which are willing to invest in the green bond issued by them. Nevertheless, there is potential sources of allocating sustainable investment to fund green bond through regulated environmental funding instrument. This article will discuss on the implementation of green bond in Indonesia, and its position as an environmental funding instrument, hence exercising the sustainable investment principles.
Perkembangan Dan Pembatasan Penggunaan Bank Garansi Sebagai Jaminan Pelaksanaan Oleh Pemerintah Dan Perusahaan BUMN Dalam Pelaksanaan Perjanjian Anwar, Azhar Rahadiyan
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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The purpose of Banking in Indonesia is to support the development and stability of Indonesia’s economy. To achieve that and according to the rules in Indonesia, Banks have 2 (two) primary function which is to collect fund from the citizen and to distribute fund to the citizen. this kind of function is known as intermediary function of Bank. One of the product of Bank regarding the distribution fund to ctizen manifest in Bank Guarantee. Bank Guarantee is a product of Bank which has the purpose to give guarantee to the benifciary that the principal who request Bank Guarantee to the Bank would perform according to contractual obligation between beneficiary and principal. in 2013, Indonesia’s Governemnt launch a program called as “State Owned Enterprise (SOE) Synergy” with the purpose to maximize the efficiency and empowerment of SOE which led to the Cooperation between Government Agency and SOE is a priority to carry out business activities including Banking Activities or any activity related to Banking. One of the Banking activities related to business is the use of Bank Guarantee as the performance bond. In this research, the topic that will be discussed is the development and the limitation usage of Bank Guarantee by Government Agency & SOE in Indonesia regarding the SOE Synergy
Perlindungan Hukum Terhadap Karya Cipta Pada Layanan Over The Top (OTT) Diza, Nuruzzhahrah
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Perkembangan Kejahatan Tindak Pidana Pencucian Uang Dan Tindak Pidana Pendanaan Terorisme (TPPU Dan TPPT) Di Masa Pandemi Covid-19 Anggun, Lydia
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Tinjauan Hukum Perlindungan Hak Cipta Film Dokumenter Dan Peluang Hak Ekonomi Insan Perfilman Dokumenter Di Indonesia Tamara Indratmo, Kadenza Adistya
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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The film production process requires human resources (power) with certain qualifications according to their roles and functions. At a certain level, the personnel involved in film production must be professionals. One of the significant growths of the Indonesian film industry today is the growth in the number of cinema screens. In addition, new film genres have also emerged, so that the films shown by the public are increasingly diverse. One of these new genres is the documentary film as a cinematographic work which is also protected by Law Number 28 of 2014 concerning Copyright (UUHC). In the midst of such a heavy flow of mass media, documentary films have an important role as an independent aspirational medium. However, the issue of economic rights in cinematographic works apparently has not yet become a strategic discussion even though along with the development of information and communication technology, cinematographic works have a strategic role in the nation's economy. This research uses a combination of empirical legal research, normative legal research and descriptive research. The documentary film industry in Indonesia is still underdeveloped and depends on funders so that it affects the creative process in its production. In addition, legal awareness, especially in the field of copyright, by the filmmakers of the documentary film itself is still not optimally developed. Documentary filmmakers also have the opportunity to get royalties through agreements with producers. Suggestions from the author are government support for documentary filmmakers in addition to funding, legal awareness building and the establishment of a Collective Management Institute in the film sector.
Distorsi Hak Moral Dalam Orbit Digital Soelistyo, Henry
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Legal Aspect Of The Right To Be Forgotten (RTF) On Social Media In Indonesia Ramli, Ahmad M; Safiranita, Tasya; Olivia, Denindah; Millaudy, Reihan Ahmad
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Social media as a digital platform has a highly specialized design. Firstly, the content distribution is massive and instantaneous; and secondly, all the information and contents contained in the social media are relatively permanent, almost eternal, and are easily accessible even though it has been for decades. Furthermore, it is becoming easier to find sources of information with a search engine, such as Google, that can display up to millions of search results in a fraction of a second. The guarantee of the right to privacy is, then, related to a new right that was first recognized on the European continent, namely the right to be forgotten which is part of the Privacy Right. Indonesia is the first country in the South East Asia to recognize the right to be forgotten.Meanwhile, Indonesia has provided a clear legal infrastructure to accommodate the enforcement of the right to be forgotten, namely, through regulation in Article 26 paragraph (3) of Law Number 19 of 2016 on the Amendments to Law Number 11 of 2008 on Electronic Information and Transactions. Aspects with regards to this right are also regulated in Article 16 - Article 18 of Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions. This article focuses on examining how the application of the right to be forgotten in the context of using social media in Indonesia.
Sifat Hukum Hak Cipta Sebagai Kebendaan Sui Generis Sardjono, Agus
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Kepastian Hukum Terhadap Investor Hutan Tanaman Industri Pasca Terbitnya Peraturan Pemerintah Nomor 57 Tahun 2016 Tentang Perubahan Atas Peraturan Pemerintah Nomor 71 Tahun 2014 Tentang Perlindungan Dan Pengelolaan Ekosistem Gambut Nefi, Arman; Fonger, Suhardi; Akbar, Andy
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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One of the natural resources that become strategic assets and have economic function to support the development of national economy is forest. Investments in pulp and paper factories certainly depend heavily on the availability of raw materials from plantations that support their production capacity. Therefore, the industrial timber estate businessmen who have been given license certainly have hope that the given area can be used as much as possible. In order to preserve the peat ecosystem, the government in 2014 issued Government Regulation No. 71/2014 tentang Perlindungan dan Pengelolaan Ekosistem Gambut. Under this policy, there will be such land designated as a protected peat ecosystem function, so that business actors whose licensing areas have peat ecosystems are prohibited for land clearing in the peat ecosystem. However Article 45 of Government Regulation No. 71/2014 provides an exception to business actors who have permission before this Government Regulation No. 71/2014 is issued and has conducted activities on such land will remain valid until the license expires. This became a polemic when the Government revised the Government Regulation No. 71/2014 with Government Regulation No. 57/2016. Article 26 paragraph (1) of this Government Regulation prohibits the opening of new land until the establishment of protected functions and cultivation functions in the peat ecosystem area. Option is given by the Government as referred to in Article 8G of Peraturan Menteri LHK No. P.17 / 2017 by providing a replacement land mechanism for IUPHHK-HTI holders whose area is above or equal to 40% designated as peat ecosystem. However, the replacement land criterion is still unclear so it does not provide business certainty to the business actors.

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