Al-Mizan (e-Journal)

Kontroversi Putusan Hukum Tentang Royalti Hak Cipta Lagu Sebagai Harta Bersama

Sun, 20 Apr 2025 00:00:00 +0000

The controversy over legal decisions regarding song copyright royalties as joint property in Indonesia can generally be termed joint ownership of individual rights. This paradigm assesses the status of joint property based on the time of acquisition, the spouse's contribution, or the character of the asset. Joint property in Indonesian marital law is all property acquired during the marriage period unless there is a property separation agreement agreed upon before marriage. Inherited assets, inheritance, or grants remain the personal property of each spouse unless otherwise agreed. This issue arises because royalties have both a personal nature and long-term economic potential. This article analyses the controversy using a qualitative approach with a case study method, exploring the forms of controversy, causal factors, and implications. Data were obtained from a qualitative case study conducted by reviewing decision No. 1622/Pdt.G/2023/PA.JB and interviewing 3 judges and 2 advocates. The main findings show that controversy arose in three aspects: royalty division, copyright status, and asset division. Contributing factors include the misalignment between the personal nature of copyright and the communal concept of property, legal uncertainty, and the difficulty of economic valuation of song copyrights. The implications of this controversy include shifting social norms, uncertainty for creators, and increased complexity in asset division. This research underscores the need for comprehensive legal reform to accommodate the complexity of copyright royalty issues in the context of common property, as well as the development of more accurate valuation methods. This study contributes to a deeper understanding of the interaction between intellectual property law and family law in Indonesia.

Konseling Keluarga Sebagai Alternatif Mediasi Pasca Perceraian

Maramis Nur Hidayatullah — Mon, 03 Feb 2025 00:00:00 +0000

Divorce (talaq) is the last way that is allowed to resolve domestic problems that cannot be repaired anymore. However, Islam also advocates reconciliation efforts before talaq is pronounced. Mediation is carried out by judge mediators and non-judge mediators who have participated in the Special Education for the Mediator Profession (PKPM) organized by institutions that have been accredited by the Supreme Court. In carrying out its duties and functions, it must refer to Supreme Court Regulations No. 1 of 2016 concerning Mediation Procedures in Court. This research was carried out at the Religious Court Class 1A Yogyakarta. This study uses a qualitative research method with the aim of analyzing a phenomenon or problem of post-divorce settlement and finding a prototype of an effective family counseling model in post-divorce mediation. In the context of post-divorce mediation, family counseling aims to: (1) help family members understand and overcome complex emotions such as sadness, anger, and disappointment; (2) facilitate open and honest communication between ex-spouses and children, (3) help family members develop effective coping skills to cope with change, and 4) create a parenting plan that is best for the child's well-being. Some commonly applied family counseling models in post-divorce mediation include: (1) structural model; (2) strategic model; and (3) focus emotive model. Family counseling is a complex process and requires special expertise, for this reason, post-divorce family counseling should be carried out by a professional counselor so that what is a post-divorce problem can be resolved properly, and the parties can establish a good relationship even though they have been divorced.

Dampak Sosial Kebijakan Jaminan Produk Halal: Analisis Hukum Islam dan Hukum Positif

Moh. Najiburrahman, Fakih Abdul Rozak — Sun, 20 Apr 2025 00:00:00 +0000

Food products, beverages, medicines, cosmetics, genetically modified products and biological chemical products whose halalness is guaranteed are the most important factors for consumption among Muslim communities in particular. The purpose of the research is to find out whether the guarantee of halal products by the state can have a positive social impact in protecting the rights to comfort, security and safety of consumers who use these products. This research is a field and literature study with data sources in the form of interviews and literature. Data sources in the form of interviews and literature. The data obtained is analyzed by descriptive qualitative with the approach of Islamic law and positive law. The results showed: first, halal product guarantees have a positive impact on MSME actors and provide protection for consumers who consume products circulating in the market; second, Islamic law and positive law very clearly show the importance of halal guarantees for products that will be used and consumed by the community, especially the Muslim community.

Revitalisasi Peran Penghulu dalam Meminimalisir Pernikahan Dini di Kota Palopo

Bahtiar Bahtiar, Anita Marwing, Muh. Thayyib Kaddase — Tue, 29 Apr 2025 00:00:00 +0000

This research aims to examine the revitalization of the role of the Penghulu (the marriage officiant) in minimizing early marriage in Palopo City. The research method used is qualitative with a descriptive approach. Data was obtained through in-depth interviews, observations and document studies related to the role of the headman and the efforts made to reduce the rate of early marriage. The research results show that the Penghulu has a very important role in carrying out religious duties, especially in registering marriages, as well as providing guidance and advice to the prospective bride and groom. Apart from that, the headman also plays an active role in efforts to prevent early marriage through various strategies, such as direct and online outreach, as well as collaboration with related agencies, such as the Population Control and Family Planning Service, the Health Service, and community organizations. By utilizing social media and building cross-sector collaboration, the Penghulu and the Palopo City government succeeded in strengthening preventive efforts to reduce the number of early marriages. The revitalization of the role of the Penghulu is carried out through increasing capacity through training and workshops, as well as implementing digitalization strategies for public education.