Legal Regulations Copyright Transition At Perspective Ius Constituendum

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Anak Agung Sagung Ngurah Indradewi

Abstract




Revocation of Law Number 19 of 2002 concerning Copyright for the birth of a new copyright law namely Law Number 28 of 2014 concerning Copyright will automatically bring fundamental changes to the regulation of copyright in Indonesia. One of them is in the provision of Article 16 paragraph (2) of Law No. 28 of 2014 concerning Copyright, states that Copyright can be transferred or transferred, either in whole or in part because: a. inheritance; b. grant; c. waqf; d. will; e. written agreement; or f. other reasons that are justified in accordance with statutory provisions. Specifically in the provision of Article 16 paragraph (2) letter f of Law No. 28 of 2014 concerning Copyrights, it is stated that "other reasons are justified in accordance with statutory provisions." The meaning of the phrase '' for other reasons '' gives rise to multiple interpretations as long as it is justified by the laws and regulations, so it should be questioned which laws and regulations are used as benchmarks for the phrase related to copyright can be transferred or transferred, either in whole or in part because other reasons that are justified in accordance with statutory provisions. Substance in original article 16 paragraph (2) letter f of Law No. 28 of 2014 concerning Copyright which mentions copyright can be transferred or transferred, either in whole or in part due to other reasons that are justified in accordance with statutory provisions, in this case causing vague norms (vague norm) which results in the emergence of legal uncertainty about the regulation that article.




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How to Cite
NGURAH INDRADEWI, Anak Agung Sagung. Legal Regulations Copyright Transition At Perspective Ius Constituendum. International Conference on Law and Social Sciences and Education, [S.l.], v. 1, n. 1, p. 130-137, dec. 2019. Available at: <https://eproceeding.undiksha.ac.id/index.php/ICLSSE/article/view/1924>. Date accessed: 30 oct. 2020.
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