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690 Documents
<![CDATA[The Characteristics of Song Copyright in Bank Debt Guarantees ]]>
<![CDATA[Elyana Novira]]>;
<![CDATA[Prima Resi Putri]]>;
<![CDATA[Briggs Samuel Mawunyo Nutakor]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 3 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.3.3701
<![CDATA[By focusing on the Indonesian context and based on Law Number 28 of 2014 concerning Copyright, this study analyzes the characteristics of copyright to songs as assets that can be pledged as collateral, as well as the impacts and implications of copyright utilization in the financial sector and creative industries. The results of the research show that copyright has the potential to be used as collateral in debt transactions at banks. Factors such as the economic value of the work, exclusive control, legal protection, and regular income allow copyright to be used as collateral. Copyright law regulates the process of guaranteeing, utilizing, and executing copyright as security. The use of copyright as collateral has a positive impact on the financial sector and the creative industry. Diversification of bank portfolios, easier access to finance for creative industry players, as well as increased innovation and creativity are the identified impacts. However, there are also challenges, such as complex copyright value assessments and potential conflicts of interest between rights owners and financial institutions.]]>
<![CDATA[Imposition Of Income Tax On Tiktokers Based On Tax Regulations In Indonesia ]]>
<![CDATA[Syailendra, Moody Rizqy]]>;
<![CDATA[Aprilia, Indah]]>;
<![CDATA[Yuan, Luo]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.2.3660
<![CDATA[The virtual world has provided various benefits and new opportunities in various fields of human life. One of these opportunities is through social media. As social media platforms have grown, many people are now changing their careers to become content providers. Beyond just seeking pleasure, Tiktok has given its users a ton of options to earn a living. Creative industry players get enormous opportunities to earn income from Tiktok through the various content they create. Tax responsibilities have emerged for Tiktokers because of the increase in persons switching occupations to become Tiktokers and benefit/earn from Tiktok in Indonesia. This research uses a normative juridical approach with statutory and factual approaches. Based on this research, it can be concluded: First, the imposition of income tax on the Tiktoker profession adheres to a self-assessment system, thus the calculation processes up to reporting are completed directly by the Taxpayer in compliance with the relevant laws and regulations. Tiktokers carry out their job by doing evaluations and advertising things that they have praised. Tiktokers then get rewarded for the review videos he has made and uploaded. This is then what is income or profit for Tiktokers. Tiktokers can be subject to the provisions in Article 21 UUPPh in calculating their Income Tax, where this provision applies to artistic workers and those who do not have an agency, as well as freelancers and private employees. ]]>
<![CDATA[Legal Protection Orientation And Formulation For Traditional Musical Instruments As Patents: An Inclusive Legal Paradigm ]]>
<![CDATA[Kurniawan, I Gede Agus]]>;
<![CDATA[Lulo, Lourenco de Deus Mau]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.2.3629
<![CDATA[One of the consequences of the extinction of several traditional musical instruments in Indonesia is the reduction in traditional musical instrument craftsmen because the manufacture of traditional musical instruments does not guarantee a substantive economic increase for the craftsmen. Therefore, legal action is needed so that traditional musical instruments can have an economic orientation and implications for the craftsmen so that they can become an important factor in preserving traditional musical instruments in Indonesia. This study aims to orient the legal protection of traditional musical instruments through patents in an inclusive legal perspective. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal protection orientation of traditional musical instruments as patents can be carried out by qualifying traditional musical instruments as simple patents. Internal legal protection is carried out by classifying traditional musical instruments as simple patents, must be accompanied by awareness and understanding of every traditional musical instrument craftsman to be able to register patents, besides that externally, the state needs to provide convenience, facilitation and incentives for traditional musical instruments as simple patents including making certain legal breakthroughs and policies by providing formulations regarding affirmative action legal policies related to efforts to register traditional musical instruments in an inclusive legal perspective that needs to be implemented so as to provide facilitation as well as empowerment for traditional musical instruments to be registered as simple patents.]]>
<![CDATA[The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks ]]>
<![CDATA[Widiatmika, Rai]]>;
<![CDATA[Gorda, A.A.A. Ngr. Sri Rahayu]]>;
<![CDATA[Kurniawan, I Gede Agus]]>;
<![CDATA[Huzaif, Syed Muhammad]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 3 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.3.3724
<![CDATA[In the current era of globalization and modernization, trademarks play a crucial role in distinguishing products or services in the market. Valid and protected trademark rights are valuable assets for their owners. However, the phenomenon of unregistered trademarks often poses a challenge in trademark protection. This research aims to analyze the legal construction of unregistered trademarks and the conflicts that arise from the perspective of inclusive law. The focus of this research is on the analysis of legal aspects, rights of trademark owners, consumer rights, public policies, and socio-economic aspects. The research method used is normative legal research with a dogmatic legal approach. Data sources include laws, regulations, court decisions, and legal literature related to trademarks. Data analysis techniques use a deductive approach with the application of relevant theoretical frameworks. The results of the research indicate that the inclusive legal construction in the Trademark Law provides broader protection for unregistered trademarks. Owners of unregistered trademarks can obtain protection if consistent use of the trademark in trade can be demonstrated. The inclusive approach in trademark supervision also encompasses unregistered trademarks that have potential rights to protection. Conflicts between protection of unregistered trademarks, consumer rights, and indigenous communities can be resolved through consultation and participation of relevant parties. Specific regulations that acknowledge the traditional knowledge of indigenous communities and the responsibilities of producers can also help resolve these conflicts. Mediation and arbitration mechanisms can also be used as alternative dispute resolution methods.]]>
<![CDATA[Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction ]]>
<![CDATA[Suhardin, Yohanes]]>;
<![CDATA[Khuan, Hendri]]>;
<![CDATA[Suryadi, Asep]]>;
<![CDATA[Ishwara, Ade Sathya Sanathana]]>;
<![CDATA[Thuong, Mac Thi Hoai]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.2.3666
<![CDATA[Trade secret is one of the intellectual property that must be protected. This relates to the existence of a company whose economic activities are based on trade secrets. Problems related to trade secrets are trade secret violations which are only formulated as violations of positive law provisions. In fact, in the era of modern business development there is a potential for violations of trade secrets that have not been accommodated by positive law. This study aims to analyze as well as construct aspects of a violation of decency as a form of violation of trade secrets. This research is a normative legal research that uses a concept, case, and statutory approach. The results of the study confirm that the orientation of a violation of decency as a form of trade secret violation can be carried out through extensive interpretation related to expanding the meaning of "laws and regulations" which has a broader meaning, namely "in accordance with legal provisions". There are two orientations of legal construction, namely short term and long term. The orientation of short-term legal construction is carried out by expanding the meaning of violating trade secrets not only contrary to positive law, but also including violations of decency that develop in society. The long-term orientation is that it is necessary to revise the provisions of trade secret law in order to keep abreast of developments in the growing business world.]]>
<![CDATA[Philosophy Of Justice In Post-Modern Labor Law: What And How? ]]>
<![CDATA[Solapari, Nuryati]]>;
<![CDATA[Amin, Fakhry]]>;
<![CDATA[Alamsyah, Syahrul]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.2.3655
<![CDATA[The main objective of this research is to examine the concept of justice in labor law which has developed in the context of the post-modern era as marked by rapid social and technological changes and a more inclusive view of justice. By using normative research, researchers will conduct an in-depth analysis of relevant literature on the philosophy of justice, labor law, and postmodernism as part of primary and secondary legal materials. The data collection process will involve a thorough literature review, analysis of legal texts, and examination of related documents and articles from reliable sources. The differentiation of this study from other studies is its comprehensive analytical approach to understanding justice in labor law and its focus on changes and adaptations that occur in the post-modern era. these findings will explain the concept of justice in the workplace that has adapted to the challenges of the times. In addition, this study aims to identify obstacles and opportunities in building a fair, diverse and efficient employment system for all stakeholders. By paying attention to social dynamics, technology, and postmodern values, researchers hope that labor law can be more responsive and flexible in maintaining a sense of justice and the balance of power between employers and workers.]]>
<![CDATA[Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty? ]]>
<![CDATA[Damanik, Pandapotan]]>;
<![CDATA[Wibowo, Dwi Edi]]>;
<![CDATA[Agus, Dede]]>;
<![CDATA[Dubey, Anita Chaturvedi]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 3 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.3.3743
<![CDATA[This study aims to analyze the problem of legal uncertainty for MHA related to the establishment of a Land Bank as mandated by the Job Creation Perppu. This research is a normative legal research with a conceptual and statutory approach. The results of the study concluded that the obligation to involve the Customary Law Community in land use through the Land Bank agency is said to be urgent, especially in an effort to maintain the mandate of the 1945 Constitution of the Republic of Indonesia and the UUPA to provide guarantees for recognition, protection as well as empowerment of the Indigenous Peoples. Efforts to realize legal certainty for Indigenous Peoples (MHA) in land use through the Land Bank agency with reference to grammatical, authentic, and teleological (sociological) interpretations, it is necessary to expand the meaning of the word "community" in Article 8 paragraph (2) PP Agency Land Bank which does not only cover society in general (individuals as legal subjects) but includes the Customary Law Community.]]>
<![CDATA[Seeking Substantive Justice: The Progressive Spirit of Law on Sexual Violence Crimes ]]>
<![CDATA[Nurhayati Nurhayati]]>;
<![CDATA[Ana Fauzia]]>;
<![CDATA[Fathul Hamdani]]>;
<![CDATA[Nurhayati binti Abdul Ghani]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 3 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.3.3749
<![CDATA[Sexual violence is a massive phenomenon that occurs in society. Sexual violence occurs in various places in Indonesia, including educational institutions. Massive sexual violence made the government and the House of Representatives (Dewan Perwakilan Rakyat or DPR) pass the Law on Sexual Violence Crimes (Indonesian: Undang-Undang Tindak Pidana Kekerasan Seksual, abbreviated as TPKS Law). The TPKS Law is oriented as an effort to prevent and overcome criminal acts of sexual harassment. This study aims to analyze the progressive orientation of the TPKS Law, including how the TPKS Law can provide and present substantive justice in society. This research is normative legal research that seeks to discuss and analyze legal products in the form of laws. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the TPKS Law is a law with a responsive character in the form of a progressive orientation related to preventive approaches to prevent sexual violence and the need for policies and mechanisms in each institution to prevent as well as crack down on sexual violence, the need for regular socialization and understanding of sexual violence in each institution, community, transparent, consistent, and conscientious enforcement of criminal law related to sexual violence, and the need for other mechanisms related to efforts to ensure healing and fulfillment of rights for victims of sexual violence.]]>
<![CDATA[The Restorative Justice Orientation Regarding Sexual Violence Occurring in Religious-Based Educational Environments in Indonesia ]]>
<![CDATA[Henny Saida Flora]]>;
<![CDATA[Sahata Manalu]]>;
<![CDATA[Nar Yan Thapa]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 23, No 3 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2023.23.3.3715
<![CDATA[Restorative Justice is a concept that focuses on victim recovery and is relevant to be applied in various regulations, one of which is the regulation for religious-based education in Indonesia. This study aims to answer two legal issues, namely the orientation of the application of the concept of Restorative Justice and the ideal formulation of the application of the concept of Restorative Justice to overcome acts of sexual violence in religious-based education environments. This research is a normative legal research with a concept and statutory approach. The results of the study show that the orientation of the concept of Restorative Justice in an effort to overcome acts of sexual violence in religious-based education environments already exists, such as the orientation to provide optimal recovery for victims. Even so, the concept orientation can still be considered partial or imperfect. Therefore, in order to perfect the arrangements regarding the concept of Restorative Justice, it is necessary to formulate an ideal by prioritizing two orientations, namely orientation to explicitly regulate the concept of Restorative Justice in laws and regulations as well as arrangements regarding the involvement of various sectors which include the surrounding community, foundation leaders, student guardians, to the School Committee to minimize sexual violence in religious-based education environments in Indonesia.Keywords: Religious Based Education; Restorative Justice; Sexual Violence.]]>
<![CDATA[Strengthening Judicial Commission Authority in Indonesia Judicial Power Institutions, Link to Trias Politica Theory ]]>
<![CDATA[Yoyon Mulyana Darusman]]>;
<![CDATA[Elmer Micu Soriano]]>;
<![CDATA[Bhanu Prakash Nunna]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 24, No 1 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2024.24.1.3987
<![CDATA[The People’s Consultative Assembly amended the 1945 Constitution to improve various aspects related to Indonesia's downturn. One crucial demand is improvement in law enforcement so that it is more independent from the interference of other powers outside the judiciary. The practice of judicial power in the New Order era was carried out under two institutional roofs. Powers relating to judicial processes and law enforcement in the courts were under the roof of the Supreme Court, while powers relating to the budget in the judicial process were under the roof of the Ministry of Justice. The 3rd amendment to the 1945 Constitution has placed the Supreme Court and the Constitutional Court as holders of judicial powers and the Judicial Commission as stipulated in Article 24 of the 1945 Constitution. It has placed the Judicial Commission as an institution with the authority to supervise judges, as Article 24 B of the 1945 Constitution stipulated. The research method uses a normative approach with a qualitative research model. The model of qualitative research is an approach to implementing research purposed toward natural phenomena or symptoms. Results of this research show there has been an imbalance in position between the Supreme Court, the Constitutional Court, and the Judicial Commission, which, in the end, the supervisory function of judges, which is the task of the Judicial Commission, becomes less than optimal and needs to be strengthened.]]>
