INVENTION: Journal of Intellectual Property Law

Protection of Civilians in Armed Conflict (A Case Study on the Application of the Principle of Distinction in the Conflict in Syria)

Lesza Leonardo Lombok, Angel Christi Singkoh, Yolanda Salainti — Mon, 02 Jun 2025 00:00:00 +0000

This study aims to examine the protection of civilians in the armed conflict in Syria through the application of the principle of distinction under International Humanitarian Law. This principle requires conflicting parties to differentiate between combatants and civilians, as well as between military targets and civilian objects. However, in practice, violations frequently occur, resulting in high civilian casualties. The research also aims to analyze the content of the 1949 Geneva Conventions and the 1977 Additional Protocols. The findings indicate that despite the existence of international legal regulations providing protection, violations remain widespread. Therefore, the study recommends strengthening international oversight, enhancing humanitarian law education, and enforcing strict sanctions against violators to improve the protection of civilians

Legal Review of Plagiarism of Youtube Content Carried Out by the Calon Sarjana Channel Against Youtuber Jamie Tate According to Law Number 28 of 2014 Concerning Copyright

Mohammad Yusril Ramdhany — Mon, 02 Jun 2025 15:37:37 +0000

This research aims to find out the legal protection for Jamie Tate's Youtube video copyrighted work as a foreigner against acts of plagiarism committed by the Calon Sarjana’s channel as an Indonesian citizen according to Law Number 28 of 2014 concerning Copyright and to find out the legal remedies that the creator can take for plagiarism . This research uses a type of Normative research, using two approaches, namely the legal approach (Statue Approach) and the conceptual approach (Conceptual Approach). The results of this research show that legal protection against copyright violations such as piracy of content or video content, rebroadcasting without the creator's permission, as well as plagiarism of content by both domestic and foreign individuals, so as to protect the rights of creators relating to their creations granted exclusive rights to the Creator. Meanwhile, if foreigners want to file a copyright lawsuit, they can do so at the Commercial Court as stated in Article 95 Paragraph (1) UUHC. It can be said that foreigners can sue Indonesian citizens who violate their copyright because Indonesia has ratified the Berne Convention through Presidential Decree 18/1997. So, in this case, Jamie Tate as the creator has the right to file a claim for compensation with the Commercial Court for the copyright infringement he experienced as stated in Article 99 Paragraph (1) UUHC. The legal action taken by Jamie Tate regarding acts of plagiarism carried out by the Calon Sarjana’s Youtube channel can be done in 3 ways, namely, through litigation by suing the Bachelor Candidate in the Commercial Court, through non-litigation through online mediation, and finally through YouTube's instrument is in the form of reporting copyright violations.

Shopee Company Criminal Liability for Brand Violation (Case Study of Product Counterfeiting by Hamlin Brand)

Theresia Sinta Debora Sinaga — Mon, 02 Jun 2025 15:41:04 +0000

The aim of this research is to determine the form of criminal responsibility of the Shopee marketplace for brand violations committed by sellers. The research method used is a normative research type. Using a statutory approach, conceptual approach and case approach. Sources of legal materials consist of primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials uses library research techniques. Using qualitative descriptive legal material analysis techniques, namely data obtained after being compiled systematically, and then analyzed in the form of descriptions. Based on the description of the research results and discussion in this research, it shows that regarding acts of infringement of the same brand, it is basically regulated in article 100 paragraph 1 of Law number 20 regarding brands and geographical indications. criminal responsibility related to the criminal acts that the author is reviewing, that the Shopee Company cannot be held responsible because Shopee is only a place for buying and selling transactions for sellers and consumers, but Shopee in this case can provide responsibility for incidents of brand infringement, responsibility for Shopee goods is not in the form of replacement in the form of physical, but Shopee's responsibility in the form of actions taken on seller accounts including: Deletion and blocking of registered accounts, restrictions on seller accounts, suspension and termination of accounts.

Legal Protection for Song Creators for Remixing Songs Published via Tiktok

Sarvina Vanna — Mon, 02 Jun 2025 15:46:01 +0000

This research aims to find out the legal protection for song creators for the act of remixing songs published through Tiktok.and to find out the legal remedies that can be taken by song creators for the act of remixing songs published through Tiktok. This research uses normative research methods. This research examines the truth based on the suitability between what is studied and the rules set to find a legal rule. The approaches used in this study are the (statue approach), and the (conceptual approach). The result of this study indicate that English translation. The results of this study show that 1) legal protection for song creators for the act of remixing songs through TikTok is a legal protection contained in Law 28 of 2014 article 9 paragraph (3) which states that "Everyone without the permission of the creator or copyright holder is prohibited from reproducing and/or using commercially the work". Then the government provides legal protection with civil remedies in accordance with the application of article 1365 of the Civil Code regarding unlawful acts.

Juridical Review of Copyright as an Object of Fiduciary Guarantee According to Law No. 42 of 1999 concerning Fiduciary Guarantee

Ilham Permana — Mon, 02 Jun 2025 15:48:04 +0000

The aim of this research is to see whether Copyright can be used as an Object of Fiduciary Guarantee according to Law no. 42 of 1999 concerning Fiduciary Guarantees and knowing the factors causing the non-implementation of Copyright as Fiduciary Guarantee. This research uses the Normative Empirical method that examines the implementation of positive legal provisions (legislation) and written documents in action (factual) on each specific legal event that occurs in society. With the aim of ensuring whether the results of the application of the law are in accordance or not in accordance with the provisions of the statutory regulations. The results of this research are that copyright may be used as an object of Fiduciary Guarantee according to Law Number 42 of 1999 concerning Fiduciary Guarantee where copyright can be encumbered with collateral in the form of a fiduciary, but not on the object encumbered by the copyright, but rather the economic value attached to it. the copyright. Apart from that, the Copyright must first be registered with the Directorate General of Intellectual Property of the Ministry of Law and Human Rights before it can be guaranteed. This is important because it is proof of ownership and registration of the Copyright holder. And regarding the implementation of Copyright as Fiduciary collateral, it is still hampered by several factors that make this regulation unable to be implemented, including regulatory obstacles, where the Indonesian Bank regulations indicate that Intellectual Property has not been registered as collateral, property appraisal, which in government regulation number. 24 of 2022 concerning the Creative Economy does not yet technically regulate the protection and procedures for receiving collateral, and Indonesian society's appreciation for Copyright is still very lacking and many people still don't even know that Copyright can be used as an object of fiduciary collateral.