O.K Saidin
Universitas Sumatera Utara

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Perlindungan Hukum Bagi Karya Fotografi Ditinjau Dari Undang-Undang Hak Cipta (Studi Kasus Putusan Pengadilan Negeri Surabaya Nomor: 10/HKI/Hak Cipta/2014/PN. Niaga Sby) Satria Perdana; O.K Saidin; T. Keizerina Devi Azwar; Jelly Leviza
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.176

Abstract

Portraiture is one of the art of photography by displaying human objects either individually or in groups, which emphasizes the personality elements of the photo object. According to Article 1 Number 10 of Law Number 28 of 2014 concerning Copyright, it is explained that a portrait is a photographic work with a human object. The formulation of the problem in this thesis is how actions can be categorized as commercialization of photographic works without permission, what are the legal provisions regarding the settlement of copyright disputes in the case of commercialization of photographic works without permission, how are the judges' legal considerations in the decision Number 10/HKI/Hakcopy/2014 /PN.Sby in terms of Law Number 28 of 2014 concerning Copyright. Acts that can be categorized as commercialization of photographic works without permission are commercial use, reproduction, announcements, distribution or communication of the portraits made for the purposes of commercial advertisements or advertising without the written consent of the person being photographed or his heirs. Legal provisions regarding the settlement of copyright disputes in the event of commercialization of photographic works without permission can be reached through litigation dispute resolution, namely settlement through a court institution. In addition, non-litigation dispute resolution efforts can also be taken, namely dispute resolution outside the court, such as through alternative dispute resolution or arbitration. The judge's legal considerations in the decision Number 10/HKI/Copyright/2014/PN.Sby are appropriate in terms of Law Number 28 of 2014 concerning Copyright, namely the defendant without the Plaintiff's approval has used the image/photo published in the Java Post print daily so that it is true that the Defendant violated the plaintiff's copyright as referred to in the provisions of Article 12 paragraph (1) of Law Number 28 of 2004 concerning Copyright. Therefore, the legal consequences arising from the use of portraits without permission are compensation for those who feel aggrieved. This is stated in Article 96 paragraph (1), paragraph (2), and paragraph (3) which is strengthened by Article 99 (1), paragraph (2), and paragraph (3) letters c and d, as well as Article 115
Pelindungan Hukum Atas Potensi Indikasi Geografis Di Kabupaten Tapanuli Utara Balqis Siagian; O.K Saidin; Suhaidi Suhaidi; Sunarmi Sunarmi
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.189

Abstract

Geographical indications are Indonesia's national economic potential that can provide commercial added value to products due to their originality and product limitations that cannot be produced in other areas. North Tapanuli Regency, as an area that has the potential of Geographical Indications must immediately register the products that are geographically indicated to be registered immediately so that they are not used by other parties who are not entitled to and receive legal protection. The problems of this thesis are: how are the characteristics of products that have the potential as Geographical Indications to be registered for geographical indications in North Tapanuli Regency, what obstacles are faced in registering products that have the potential as geographical indications in North Tapanuli Regency and what is the role of the Regional Government in registering agricultural products that are potential as a geographical indication in North Tapanuli Regency. This type of research is empirical juridical where the data sources are obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data was collected through library research and field studies by conducting interviews. The data analysis used is qualitative data analysis. Based on the results of the study, it was concluded that the characteristics of products that have the potential as GIs to be registered for geographical indications in North Tapanuli Regency are to meet objective requirements, namely elements that indicate reputation, quality, and characteristics that must be shown through a product with potential GIs and subjective requirements, namely the parties. those who can apply for registration of GIs are the Provincial or Regency/Municipal Governments and parties who are operating goods that have such GIs. The obstacles faced in the registration of agricultural products that have the potential as geographical indications in North Tapanuli Regency are: lack of information from the government, low legal awareness and understanding of the community and the length of the IPR registration process. The role of the Regional Government in registering agricultural products that have the potential as geographical indications in North Tapanuli Regency is still not focused and less serious. For this reason, it is suggested to the community to be enthusiastic and participate in the socialization of IGs, the community must cooperate with the Regional Government in registering IGs and the Regional Government is expected to play a more active role in socializing the importance of protecting IPR