MENU
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| Jenis | : |
KKM
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| Judul | : |
PENERAPAN ASAS DROIT PATRIMONIAL TERHADAP PERLINDUNGAN HUKUM AKTA LISENSI HAK SIAR YANG DIBUAT DI HADAPAN NOTARIS
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| Subjek | : |
Lawyers
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| Pengarang | : |
SHINTIA PARAMITHA DEWI
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| Pembimbing | : |
Tedi Sudrajat,
Rahadi Wasi Bintoro
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| Prodi | : |
ILMU HUKUM S2
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| Tahun | : |
2024
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| Call Number | : |
346.002 3 DEW p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Along with the times, the discussion about the protection of
broadcasting rights is increasingly needed. Article 12 of Law No. 28 of
2014 on Copyright states that if another party wants to
duplicate/distribute, they must seek approval from the person concerned or
their heirs. In practice in the field, there are still parties who do not have
permission to broadcast but continue to broadcast illegally. This research
aims to analyze the Application of the Patrimonial Droit Principle to the
Legal Protection of Broadcast Rights License Deed Made Before a Notary.
The type of research that the author uses is normative juridical. The
approach method used is a statutory approach and conceptual approach.
because the object of research is the rules of law as the focus of this
research and also analyzes legal materials so that the meaning contained
in legal terms can be known. Research specifications are perscriptive with
secondary and tertiary data sources.
The data collection method of this research uses literature studies
which are arranged in narrative text descriptions systematically. The data
analysis method used is qualitative analysis by describing it using
interpretations that manage the overall data. Based on the results of the
research on the Application of the Patrimonial Droit Principle to the Legal
Protection of Broadcast Rights License Deeds Made Before a Notary, it
shows that the protection of the transfer of broadcasting rights must
involve preventive and repressive efforts. Preventive efforts made are listed
in Law No. 28 of 2014 concerning Copyright Article 83 Paragraph (1)
concerning the Recording of copyright license agreements, furthermore in
Article 66 paragraph (1) and (2) UUHC which states that the recording of
creations is submitted by written application by the creator, copyright
holder, owner of related rights or his attorney to the minister.
Repressive efforts are contained in Law No. 28 of 2014 Article 95
Paragraph (1) which, in the event of a violation, can submit a lawsuit to
the Commercial Court. In this case, the efforts of the Notary are needed to
make a Notarial Deed which can be used as undoubted evidence in
accordance with Article 15 of the UUJN. The matter of Criminal
Provisions further listed in Chapter XVII Criminal Provisions UUHC
Article 112 to Article 119 with a maximum imprisonment of 10 (ten) years
and a maximum fine of Rp.4.000.000.000, - (four billion rupiah). UUHC
formulates that copyright consists of moral droit and patrimonial droit, in
this case the author provides a research focus on patrimonial droit or
known as economic rights. In social life, there is often exploitation of
patrimonial droit that causes harm. The opportunity for exploitation
makes the patrimonial droit in the broadcasting rights license agreement
must be specifically stated in the agreed amount to give rise to the rights
and obligations of the parties stated in the contract.
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