TRAKTAT: Jurnal Hukum Ekonomi dan Bisnis

Penerapan Sanksi Hukum Terhadap Kreator Remix Yang Mengubah Lagu Tanpa Ijin Pencipta (Application of Legal Sanctions to Remix Creators Who Changes Songs Without the Author's Permission)

Ahmad Habibi — 2024-06-10

Song remix is a new copyrighted work resulting from the re-arrangement of an existing song. In its development, song remixes are increasingly popular, especially among young people. This is driven by technological advances that facilitate the production process of song remixes. However, remixing music also raises legal issues, especially with regard to copyright protection. This is due to the fact that music remixing is essentially the use of copyrighted material created by others. Anyone who wants to remix a song must first obtain permission from the artist and/or copyright holder, in accordance with Law Number 28 of 2014 which regulates copyright. This thesis uses a descriptive qualitative approach in the research review process. The following data collection methods were used in this research: All legal publications that are not official documents, such as books, journals, and literature on legal topics, are referred to as document or literature studies. The findings of this study show that Indonesia bases its laws governing song copyright on laws governing moral rights and economic rights. Article 5 of the Copyright Act of 2014 contains moral rights, such as the ability to retain the creator's name on copies in connection with public use of his or her work or to remove it, as well as the application of legal sanctions against remixers who alter songs without the creator's consent. The rearrangement of a piece of music is known as remixing, and this violates people's economic rights. Law Number 28 of 2014 concerning Copyright has regulated legal sanctions for song copyright infringement as an effort to protect copyright. There are two types of legal sanctions: criminal and civil. Articles 123, 124, and 125 of Law Number 28 Year 2014 on Copyright regulate civil penalties for song copyright infringers

Perlindungan Hukum Terhadap Reputasi Individu Dari Pencemaran Nama Baik Di Media Digital (Legal Protection of Individual Reputations from Defamation in Digital Media)

Akhmad Khaerudin Bisri — 2024-06-10

An individual’s reputation is a valuable asset that reflects individual integrity, honesty, and dedication in various aspects of life. Protecting the individual’s reputation involves not only self-image but also protection of employment opportunities, credibility in business, and meaningfull interpersonal relationships. The study aims to examine how digital technology affects the dissemination of information that damages the reputation of individuals from defamation in digital media. This type of study uses literature studies, as well as the use of literature resources to obtain research data. The study uses a normative legal approach. This study has shown that digital use of the reputation of indvidu has a positive effect and a negative one. The spreading of damaging information on a person's reputation is false information such as false news or manipulated information (hoaks), misleading information, personal and sensitive information, other categories such as hacking (hacking) threatening a person's reputation. His legal protection is included in the 2016 law code on information and electronic transactions (the ite) and the republic of Indonesia's no. 1 in 2023 on the penal code of preventive law and repressive law protection.

Problematika Hukum Peningkatan Investasi Asing Di Indonesia (Legal Problems of Increasing Foreign Investment in Indonesia)

Alysha Fairuz Azura Kulzum — 2024-06-10

The surge in foreign investment in Indonesia represents a consequential phenomenon in the nation's economic development. However, alongside the escalating influx of foreign investment, a myriad of legal issues has surfaced, demanding resolution. One pressing challenge is the ambiguity surrounding regulations concerning foreign investment. The disparity between governmental policies and their effective implementation frequently engenders uncertainty for investors. Furthermore, the intricate and convoluted licensing procedures often impede foreign investors endeavoring to enter the Indonesian market. This research endeavors to identify and analyze the legal quandaries associated with the upswing in foreign investment in Indonesia. The study adopts a literature review research approach with a specific focus on legal analysis related to the escalating foreign investment. Employing a normative juridical approach, the research utilizes secondary data, particularly primary legal materials. Data collection involves an exhaustive review of pertinent literature, primarily referencing relevant reference books. Qualitative descriptive data analysis is undertaken to furnish a systematic and comprehensible overview of the legal predicaments intertwined with the surge in foreign investment in Indonesia. The research findings encapsulate the evolutionary trajectory of regulations governing foreign investment in Indonesia, shedding light on the role of Freeport-McMoRan, environmental repercussions, and assertions of economic benefits. Legislation such as Law Number 25 of 2007, Law Number 40 of 2007, and notably, Law Number 6 of 2023, establish a substantial legal framework anchored in the principle of equal rights for investors. Supplementary regulations, exemplified by Regulation Number 7 of 2021, mirror the government's tangible efforts to bolster foreign investment through streamlined permitting processes and fiscal incentives

Dampak Perkembangan Penggunaan Teknologi Informasi Terhadap Budaya Hukum Di Masyarakat (The Impact of Developments in the Use of Information Technology on Legal Culture in Society)

Ananda Putra Hadiansyah — 2024-06-10

Current technological advances cannot be separated from people's lives, so that with technology people will more easily access some information that occurs in various parts of the world will be directly known with technological advances. The research aims to, (1) To describe how the impact of the development of the use of information technology on the legal culture in society, especially related to civil actions. (2) To examine the obstacles faced by the public in using information technology related to civil law. This type of research is field research with a sociological juridical approach method. Data in the study were obtained by interviews, observations and literature studies. The results of this study include: (1) People in Pejagan Village, Brebes Regency have used information technology for civil law actions such as banking transactions and buying and selling land. But the number of users is still small. (2) Obstacles faced by the community in using information technology related to civil acts include elderly technology users, people are still anxious, afraid, and lack confidence in using information technology and a less supportive environment.

Pengaturan Hukum Dan Tantangan Transaksi Forex Di Indonesia (Legal Regulations and Challenges of Forex Transactions in Indonesia)

Gilang Cikal Anarkhi — 2024-06-10

The forex market opens up economic opportunities for high profits but also poses a variety of risks, especially for novice traders who are vulnerable to fraud. understanding the rules of the forex market in Indonesia is crucial to ensure investor safety. Laws and regulations, especially law no. 32 of 1997 was replaced by law no. 10 of 2011 related to the buying and selling mechanism in the commodity futures market becomes the legal basis, while BAPPEBTI plays a major role in monitoring the forex market. This research formulates the main problem is how the regulation of forex transactions in Indonesia and what are the forms of legal risk in Indonesian forex transactions. This research uses a normative approach through library research. Secondary data is obtained from primary, secondary, and tertiary legal materials. Qualitative data analysis is used to describe the essence of the problem accurately and in an organized manner. The regulation of forex transactions in Indonesia involves law no. 10 of 2011 as well as BAPPEBTI regulations, its use emphasizes the aspects of licenses and permits. Then legal risks involve market fluctuations, high leverage, potential fraud, active role of supervision, and technological risks. An orderly, efficient, and transparent trading environment, in line with the MUI Fatwa which gives permission to forex transactions on condition that they comply with Islamic Law. Market participants need to make informed decisions, manage risks, maintain privacy and security, and understand the process.

Penyelesaian Pembagian Royalti Hak Cipta Lagu Bersama Antara Pencipta Dan Penyanyi (Settlement of Joint Song Copyright Royalty Distribution Between Creators and Singers)

Bagus Landung Eka Saputra — 2024-06-10

In Indonesia, technological advances are increasingly developing, making human creativity increasingly capable of creating new things in the form of goods and services, even creating songs and/music. The intellectual abilities and knowledge of musicians or songwriters in using their creativity and thinking power make a work of art of high value which has great potential to improve the welfare of society. This research uses qualitative methods, with a literature study approach and a normative juridical approach. The research results show that the royalty distribution arrangements are based on Law Regulation Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning Management of Songs and/or Music. Copyright Royalties regulate the distribution of royalties for songs and/or music. musical copyrighted works and their distribution mechanism through a non-litigation agreement between the creator and singer which must be known by the National Collective Management Institute (LMKN).