Hasanuddin Civil and Bussiness Law Review

Kewajiban Peralihan Aset dalam Perjanjian Konsesi Tentang Kegiatan Pengusahaan Jasa Kepelabuhanan (PT. Pelabuhan Indonesia)

Gusnidar Suryam, Padma D. Liman, Marwah Marwah — Tue, 30 Jan 2024 00:00:00 +0000

This research aims to find out and analyze why PT Pelabuhan Indonesia Regional IV, in the port concession agreement, does not transfer its assets after the end of the agreement and analyzes the legal consequences of this clause. This research is normative research using a statutory approach and a conceptual approach. The research results show that PT Pelabuhan Indonesia Regional IV, in the port concession agreement, did not transfer its assets to the Makassar Main Port Authority Office after the end of the agreement as regulated in the statutory provisions relating to port concessions because it has the right to continue operating the port based on Article 344 paragraph (3) of Law No. 17 of 2008 concerning Shipping, including the provision of land and port facilities. The clause that regulates the non-transfer of assets by PT Pelabuhan Indonesia Regional IV to the Makassar Main Port Authority Office in the Concession Agreement is under statutory regulations because of PT. Pelabuhan Indonesia Regional IV only holds Management Rights over land and assets in the concession area, so it does not have authority over transferring state-owned assets. The non-transfer of assets is also based on the agreement of both parties in the Concession Agreement.

Spoiler Film dan Serial pada Aplikasi Tiktok: Perlindungan Hukum terhadap Pemegang Hak Cipta Sinematografi

Nur Lutfiah A. Baso, Hasbir Paserangi, Aulia Rifai — Fri, 19 Jan 2024 00:00:00 +0000

Cinematographic works are creations in the form of moving images, including documentaries, advertising films, reports, or feature films made with scenarios and cartoon films. The provisions of Article 40 Paragraph (1) Letter (m) of Law Number 28 of 2014 Concerning Copyright or commonly referred to as UUHC is a form of recognition of cinematographic copyrighted works as creative thoughts that must be protected, because their circulation is still found freely without the permission of the creator and/or copyright holders on the TikTok application due to spoiler actions. Spoiler actions can be categorized as distribution and publication of works which are part of the economic rights of the creator and/or copyright holders. The rise of this action attracts attention of several parties, especially Starvision Plus and Finisia Production as the production team for several films and series in Indonesia. This study uses empirical legal research method. This sample was taken using a purposive sampling method with a total sample of 13 people. Obtained from primary and secondary data collected thru interviews and literature study, then analyzed in a descriptive and qualitative approach. The resulst of this study are: (1)TikTok’s efforts to deal with these violations include paying attention to the interests of its users, blocking access to content, and closing offending accounts. (2) Efforts taken by copyright holders include alerting pirates, reporting them as the official owners of films and series to the relevant platforms, cooperating with producer associations and other film business actors, as well as socializing regulations related to copyright protections.

Online Dispute Resolution: The Conceptualization of Business Dispute Resolution Model in Indonesia

Winner Sitorus — Sat, 27 Jan 2024 00:00:00 +0000

Increased trade and investment, including e-commerce, also has the potential to increase disputes. Business Dispute Resolution requires prompt and confidential means. Alternative dispute resolution onlin (online or internationally known as Online Dispute Resolution (ODR). Seeing the development of ODR as a business dispute resolution, especially e-commerce, in the international scope including in Asian countries, the question arises what about the development of ODR in Indonesia. This paper uses normative research methods with conceptual and legislative approaches, with primary and secondary legal materials through literature studies. ODR has been used as a business dispute resolution mechanism in Indonesia in several fields, although not quite a lot. The opportunity is even greater if Indonesia can form an ODR system as a form of Indonesia's commitment as an ASEAN country within the framework of ASAPCP 2016-2025. There are quite a lot of ODR service providers, either separate or integrated with E-commerce platform.

Legal Aspects of The Process of Forming A State-Owned Enterprise Holding Company Industrial Estate Cluster

Amiroh Alfiani, Oky Deviany, Andi Suci Wahyuni — Mon, 22 Jan 2024 00:00:00 +0000

This research aims to analyze the suitability of the process of transferring government shares into PT Danareksa (Persero) shares with statutory provisions and analyze the protection of the rights of minority shareholders in the process of holding company PT Danareksa (Persero). This type of research uses normative legal research with a statutory approach and conceptual approach. The statutory approach is carried out by examining legislation or statutory studies. The conceptual approach is carried out in order to find the process and mechanism of holding SOEs. Analysis of legal materials is carried out using content analysis. The results of this study, namely: 1) The transfer of government shares into shares of PT Danareksa (Persero) is carried out with PP 72/2016, but the implementation of the provisions in PP 72/2016 related to state equity participation does not correspond to the arrangements in state finances regarding the formation of holding companies and also on the status of State Owned Enterprises (SOE). The absence of arrangements regarding the mechanism for implementing the holding provides different implementation practices. There is a practice of forming virtual holding in the pre-implementation stage. In the post-holding implementation, the status of subsidiaries in BUMN holding companies is still treated like SOE; 2) Legal protection in the holding process carried out by the Ministry of SOEs together with PT Danareksa (Persero) has not paid attention to the rights of minority shareholders, in this case the Provincial / City Government, although it is clearly regulated in the 2007 Company Law that minority shareholders should also be involved. In the holding process, it is important for the Ministry to fulfill the rights of minority shareholders, especially in each stage of the holding.

Telaah Pemenuhan Hak Royalti Non-Anggota Lembaga Manajemen Kolektif atas Pencipta Lagu atau Musik

Reza Fahlevi, Anwar Borahima, Andi Kurniawati — Sat, 20 Jan 2024 00:00:00 +0000

Economic Rights as one of the exclusive rights for creators is a form of intellectual property protection for creators to obtain economic benefits from creations. Song creators are entitled to economic rights over their creations. This is in accordance with the principle of sustainability of a work or the incentive theory which prioritizes the sustainability of a creation. The sustainable principle of a work aims to ensure that the creator can continue to realize his ideas and create new works. A work in the form of a work of song and/or music has economic rights for Commercial Use in the form of Royalties, namely compensation for the use of the economic rights of a Work received by the Creator. The National Collective Management Organisation (LMKN) is an institution authorized by law to collect and collect song royalties for the commercial use of songs and/or music. However, the provisions of Article 87 of Undang-Undang No. 28 of 2024 concerning of Copyright (UUHC) regulates that to obtain economic rights and royalties, the creator must be a member of the Collective Management Institution. Creators who are not members of an LMK do not receive royalties that have been collected by the LMKN. These administrative regulations require the creator of songs or music to be a member of an CMO. In fact, one of the aims of protecting economic rights is to increase income and support the welfare of songwriters. Non-CMO song creators who do not receive royalties, their economic rights to their creations are not
fulfilled