Prosiding Seminar Nasional Hukum, Kebijakan Publik, Hak Asasi Manusia dan Keadilan
Program Studi Ilmu Hukum Universitas Nusa Putra
Urgensi Reformasi Undang-Undang Hak Cipta Indonesia dalam Merumuskan Regulasi Karya Hasil Artificial Intelligence
The rapid advancement of Artificial Intelligence (AI) has created new legal challenges for Indonesia’s copyright system, particularly regarding authorship and ownership of AI-generated works. Law No. 28 of 2014 on Copyright remains centered on the concept of human authorship, leaving a regulatory gap for works autonomously produced by AI. This research employs a normative juridical method to analyze the legal vacuum and propose a reform framework. The study finds that Indonesia urgently needs to redefine the concept of authorship, establish a sui generis protection model for AI-generated creations, and implement clear rules on accountability and transparency to balance the protection of human creators’ rights with technological innovation.
Copyright (c) 2025 Anggita Azzahra, Annisa Ardya Garini, Aulia Puspa Ekaputri, Orchidian Rahmatillah, Amellya https://creativecommons.org/licenses/by-nc-nd/4.0
Urgensi Pengakuan Ekosida sebagai Kejahatan Luar Biasa di Indonesia
The environment is one of the most important elements in the survival of humans and other living things. The protracted rampant destruction of the environment in Indonesia has a serious impact on the global ecosystem. Activities such as illegal logging, careless waste disposal, and resource exploitation cause significant environmental degradation. This condition raises the urgency of recognizing ecocide as an extraordinary crime in Indonesia. This study discusses the importance of the recognition of ecocide as an extraordinary crime in Indonesia. This study aims to study the legal basis, consequences, and importance of ecocide recognition in the Indonesian legal system. The normative juridical method is used in this study, using legislative, conceptual, and case approaches. Research shows that current laws, such as Law Number 32 of 2009 concerning Environmental Protection and Management, are still sectoral and cannot punish perpetrators of large-scale environmental crimes. International law perspectives, the discourse on ecocide, and the importance of environmental justice are topics of conversation.
Copyright (c) 2025 Laila Tazkiah Gemilang, Siti Nur Alita, Mutiara Zahratulharirah, Gita Amalia Ramdani, Dian Apriansyah, Muhammad Aldi Ramadhan https://creativecommons.org/licenses/by-nc-nd/4.0
Urgensi Pembentukan Lembaga Mediasi Digital Nasional Berbasis Artificial Intelligence dalam Perspektif Perlindungan Konsumen
The era of globalization and digitalization has significantly transformed patterns of social, economic, and legal interactions. Technological advancements, particularly Artificial Intelligence (AI), have created new opportunities in consumer dispute resolution through digital mediation. This study aims to analyze the urgency of establishing a National Digital Mediation Institution (LMDN) based on AI as an institutional solution for consumer dispute resolution in Indonesia. The research applies a normative juridical approach by reviewing relevant regulations, including Law Number 8 of 1999 on Consumer Protection, Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, and Supreme Court Regulation Number 3 of 2022 on Electronic Mediation. The findings reveal that conventional mechanisms, such as the Consumer Dispute Settlement Body (BPSK) and court litigation, are inadequate to address the complexities of digital disputes that are often cross-platform and cross-jurisdictional. The presence of LMDN supported by AI is expected to improve speed, efficiency, and access to justice while upholding the principles of neutrality, confidentiality, and the enforceability of agreements. This study recommends regulatory updates, including amendments to the ADR Law and the issuance of a new Supreme Court Regulation, to ensure that digital mediation is implemented with a strong, transparent, and adaptive legal framework in response to technological developments.
Copyright (c) 2025 Selfiyani Mamun, Nadila Septiani, Bunga Ameldya Malva, Abhirama Esa Putra, Siti Auri Herfiana Lutfiah https://creativecommons.org/licenses/by-nc-nd/4.0
Tinjauan Yuridis Pengumpulan Data Biometrik Berbasis Artificial Intelligence tanpa Persetujuan di Indonesia
This study examines the collection of biometric data based on Artificial Intelligence (AI) without the consent of data subjects within the framework of Indonesia’s data protection law. The research background arises from the increasing practice of biometric scanning by public and private entities without clear legal authorization, as seen in the Tools for Humanity (Worldcoin) and illegal online lending application cases. The objective is to analyze the conformity of such practices with the legal principles under Law Number 27 of 2022 on Personal Data Protection (PDP Law) and their implications for individuals’ privacy rights. The study employs a normative juridical method with a descriptive-analytical approach through the analysis of legal regulations, academic literature, and real case studies. The findings indicate that collecting biometric data without explicit consent violates the principles of lawfulness, fairness, and transparency, and may result in administrative, civil, and criminal liability. Furthermore, the lack of digital infrastructure readiness and independent oversight mechanisms poses significant challenges to PDP Law enforcement. This study recommends establishing an independent supervisory body, enforcing accountability and transparency principles in AI usage, and enhancing public digital literacy to ensure biometric data protection in the age of artificial intelligence.
Copyright (c) 2025 Astri Maisarah Fadhilah, Aisyah Amini, Yuliani Darmawan, Padil Ramdani, Sri Septiani Dewi https://creativecommons.org/licenses/by-nc-nd/4.0
Kebijakan Hukum Terkait Tindakan Rasisme yang Melumpuhkan Sistem Keadilan di Indonesia
This study aims to understand what racism is, how the justice system in Indonesia works, the impact or influence of racism and racial discrimination occurring in Indonesia, how the National Human Rights Commission (Komnas HAM) addresses issues of racism and racial discrimination in Indonesia, and how they are handled. This research uses methods involving normative legal research (using legislation, court decisions, legal theories, and can include scholarly works) and empirical legal research (using empirical facts derived from human behavior).The results of the case studies used show that in the case of Mrs. Tri Susanti, who committed acts of racism involving racial discrimination against Papuan students and caused public unrest, she was sentenced to 7 months in prison. In a similar case involving a Civil Servant (ASN), Mr. Syamsul Arifin, who committed acts of racism and racial discrimination, he was sentenced to 5 months in prison. The recommendation is that society is expected to eliminate discriminatory actions based on race to prevent hostility and division. It is not good to consider oneself or a particular race as superior to others, and there should be more and more aggressive efforts to minimize racial discrimination behaviors in Indonesia. Therefore, it is important to learn to accept and respect others.
Copyright (c) 2025 Fitriani Gulo https://creativecommons.org/licenses/by-nc-nd/4.0
The Digital Rights Paradox: Arbitrase sebagai Mediator Konflik antara Monopoli Hak Cipta AI dan Hak Dasar Konsumen Digital
This research analyzes the digital rights paradox in the artificial intelligence era, particularly the tension between AI copyright monopolies controlled by major technology corporations and fundamental digital consumer rights. Employing normative legal research methodology through statutory, conceptual, comparative, and case study approaches, this study identifies conflict manifestations in AI-generated content ownership, closed platform ecosystems, and algorithmic opacity. The root causes include information asymmetry, economic imbalances, regulatory ambiguity, and cross-jurisdictional complexities. Conventional litigation mechanisms prove ineffective due to high costs, lengthy duration, and limited technical competence. This research explores arbitration as an alternative offering flexibility, arbiter expertise, and efficiency, yet faces fairness challenges in mandatory arbitration. Recommendations include a comprehensive arbitration framework for Indonesia that balances innovation protection and consumer rights through specialized rules, restrictions on unfair clauses, and integration with broader regulatory ecosystems.
Copyright (c) 2025 Salma Dwi Agustina, Diska Pebri Wulandari, Endah Hanifah, Arina Kartawijaya, Irvan Fahmi Ramdhani Sofyan https://creativecommons.org/licenses/by-nc-nd/4.0
Tanggung Jawab Pemerintah dan Masyarakat atas Hak Kesehatan Anak: Studi Kasus Meninggalnya Balita akibat Cacingan di Sukabumi
Recently, Indonesia was shocked by the news of the death of a 4-year-old toddler due to worm infection in Sukabumi, West Java. This incident reflects a lack of awareness among parents and the community about the importance of maintaining cleanliness and paying attention to children's nutrition, as well as weak supervision by local officials and health workers. This reflects the systematic failure of the government and society in protecting children from preventable diseases. The purpose of this article is to provide an understanding of the importance of synergy between families, communities, and the government in protecting children's basic rights, particularly the right to health and child protection. Using normative legal research methods and a legislative approach, it was found that there was negligence on the part of the local government and surrounding community in fulfilling children's rights to health and protection. Furthermore, local governments must also reform the governance of public services such as the Population and Civil Registration Office (Disdukcapil) and the local Health Office (Dinkes) to ensure the fulfillment of children's rights to health and protection in a comprehensive and equitable manner.
Copyright (c) 2025 Siti Nur Anjani, Via Oktaviani, Retno Anjani, Ariya Maulana, Dayang Sanora Busran, Mario Fransciskus https://creativecommons.org/licenses/by-nc-nd/4.0
Revitalisasi Kebijakan Hukum dan Tanggung Jawab Pemerintah Daerah Kota Sukabumi dalam Mengatasi Timbunan Sampah untuk Lingkungan yang Berkelanjutan
The problem of waste accumulation in Indonesia, especially in the city of Sukabumi, is a major challenge in achieving sustainable environmental development. Population growth and urbanization have caused a rapid increase in waste, despite the existence of Law No. 18 of 2008 on Waste Management, which supports waste management. This study uses a mixed method, namely normative and empirical, focusing on the Cikundul landfill. Data were obtained through literature studies, interviews, and direct observation of waste management activities and facilities. The results of the study show that Sukabumi City faces several obstacles, such as limited transportation vehicles, low household waste sorting habits, and the continued existence of open waste disposal systems. Daily waste production reaches around 180 tons, of which around 71% is disposed of at the Cikundul landfill, which has exceeded its capacity. To overcome these problems, the Sukabumi City Government, through the Environment Agency, has implemented new strategies such as revitalizing the landfill into a sanitary landfill, constructing Refuse Derived Fuel (RDF) and integrated waste bank facilities, implementing the “restoe boemi” program, increasing the number of vehicles, and implementing a digital monitoring system. The government is also encouraging collaboration with the private sector and universities in developing waste processing technology and the utilization of methane gas energy. Progress in waste management depends on cooperation between the government, the community, and the private sector. The government also encourages cooperation with the private sector and universities in developing methane gas processing and utilization technologies. Progress in waste management depends on cooperation between the government, the community, and the private sector to support the achievement of Sustainable Development Goals (SDGs) No. 11 and 12
Copyright (c) 2025 Salma Yusriyyah, Salwa Aulia Destriyanto, Sapitri Sri Rahayu, Nabila Fauzia Nurhasanah, Moch.Adam Sulthon Noor Fathonie https://creativecommons.org/licenses/by-nc-nd/4.0
Problematika Pembuktian Perjanjian di Bawah Tangan tanpa Tanda Tangan dalam Persidangan Perdata
An agreement is a fundamental contractual agreement in civil relations. In practice, not all agreements are made in the form of authentic deeds, but many are made privately without signatures. Problems arise when the private agreement does not contain the signatures of the parties, thus creating difficulties in proving it in court. This study aims to analyze the problems of proving private agreements without signatures. The research method used is normative juridical with a statutory approach. The results of the study indicate that private agreements without signatures have weak evidentiary power and do not meet the formal requirements as private deeds according to Article 1874 of the Civil Code. However, under certain conditions, the agreement can be considered as supporting evidence if supplemented with other evidence such as witnesses, allegations, or confessions. Judicial practice shows that judges tend to assess the substance and good faith of the parties, but still require additional evidence to strengthen the existence of the agreement.
Copyright (c) 2025 Dina Alya Nurazizah https://creativecommons.org/licenses/by-nc-nd/4.0
Pertanggungjawaban Direksi dan Integrasi AI Governance di Indonesia: Kajian atas Fiduciary Duty dan Business Judgement Rule di Tengah Kekosongan Hukum Pengaturan Kecerdasan Artifisial serta Perlindungan Karya Hak Cipta yang Dihasilkan oleh AI
Artificial intelligence (AI) has become a catalyst for global business transformation, demanding a redefinition of corporate legal paradigms in Indonesia. The use of AI in strategic decision-making raises issues of accountability, particularly concerning the Fiduciary Duty and Business Judgement Rule (BJR) that underpin directors’ responsibilities. This study aims to analyze the legal status of AI within Indonesia’s positive law system, reinterpret fiduciary duty principles and BJR protections in AI-based decision-making, and examine the relationship between AI Governance and copyright protection for AI-generated works. This research employs a normative legal method with statutory, conceptual, and comparative approaches. The analysis reveals that the absence of legal personhood recognition for AI assigns full legal liability to directors as fiduciary duty holders. The Business Judgement Rule can only protect directors if AI-related decisions are made through critical assessment and transparent documentation. In the field of intellectual property, the adoption of the work made for hire doctrine is relevant to protect copyrights of AI-generated works by positioning the user as the copyright holder. This study concludes that the integration of AI does not replace human accountability in corporate law but rather reinforces the necessity for transparent, accountable, and ethical AI governance within Indonesia’s legal system.
Copyright (c) 2025 Muhamad Arif Ramdani Budiman, Hilda Aprillidia, Idya Junia Salwin Fanturi, Muhamad Gibran, Nabil Pamungkas R https://creativecommons.org/licenses/by-nc-nd/4.0
Perlindungan Konsumen dalam Ekosistem E-Commerce Berbasis AI dalam Tinjauan Hukum Perdata Internasional
The rapid development of the artificial intelligence (AI)-based e-commerce ecosystem has created new complexities in consumer protection, particularly when violations involve multiple jurisdictions or cross jurisdictions. This study aims to analyze the international private law framework for providing consumer protection against violations in the AI-based e-commerce ecosystem, identify challenges in selecting appropriate laws and jurisdictions, and formulate recommendations for effective protection mechanisms. This study uses a normative descriptive method by reviewing laws and regulations, international conventions, and academic literature related to international private law and consumer protection. The analysis was conducted qualitatively through content analysis and a comparative study of legal frameworks across jurisdictions. The results show that the existing international private law framework is inadequate to address the complexity of AI systems operating across borders, particularly in determining applicable law and competent jurisdiction when algorithmic bias and automated decision-making occur that are detrimental to consumers. The fragmentation of cross-border regulations is a major obstacle to the enforcement of consumer rights. This study recommends the development of international legal harmonization and alternative dispute resolution mechanisms that specifically address cross-jurisdictional AI-related consumer disputes.
Copyright (c) 2025 Muhammad Raymirza Alfadhzaky, Dalfa Sabrina Nadiva, Nur Azhmi Octavia, Raisya Nur Langita, Revanzha Nazha Faddilha https://creativecommons.org/licenses/by-nc-nd/4.0
Perlindungan Hukum terhadap Pemegang Hak Merek atas Peredaran Barang Tiruan atau KW Berdasarkan Undang-Undang No. 20 Tahun 2016
This study discusses the legal protection of trademark rights holders in Indonesia in facing the rampant circulation of counterfeit goods (KW) that imitate well-known brands. Trademarks as a form of intellectual property rights (IPR) play a crucial role in differentiating one business actor's products from others, while also serving as a guarantee of quality for consumers. With the enactment of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the state provides legal protection for trademark rights holders who have officially registered. This study uses a normative legal method with a statutory approach and case studies. The results show that legal protection for trademarks only applies to trademarks registered with the Directorate General of Intellectual Property, while violations of registered trademarks can be subject to criminal and civil sanctions. Perpetrators who produce and trade counterfeit goods with well-known brands without permission can be subject to imprisonment of up to 10 years and/or a maximum fine of Rp5,000,000,000.00. Thus, legal protection for trademarks plays a crucial role in maintaining a healthy business climate, protecting consumers, and upholding justice in the realm of intellectual property.
Copyright (c) 2025 Muhammad Rafi, Ridwanullah, Rafli Adipura, M Rivaldi Hidayatullah, M Haidar Ali https://creativecommons.org/licenses/by-nc-nd/4.0
Merajut Strategi Pemikiran Kritis Hak Asasi Manusia Menghadapi Era Transformasi Digital yang Semakin Kompleks
Digital transformation has presented a paradox in the enforcement of human rights. On the one hand, digital technology provides new means to fight for and access human rights, but on the other hand, it also creates new challenges in the form of privacy violations, digital repression, and access gaps. This study explores the development of human rights law in the digital age through a comparative analysis of global trends and local implementation in Indonesia. Using a descriptive legal research method with a library research approach, this study analyses the development of international human rights instruments, regional policy responses, and concrete steps taken by Indonesia to protect the digital rights of its citizens. The findings show that despite significant progress in developing a legal framework for data protection, such as Law No. 27 of 2022 on Personal Data Protection, there is still a wide implementation gap that requires a holistic strategy combining regulation, technology, and public education. This study recommends strengthening inter-agency coordination, increasing human resource capacity, and developing more effective oversight mechanisms to ensure optimal human rights protection in the digital age.
Copyright (c) 2025 Kiki Darmawan, Muhammad Diki Abdurahman, Mahsya Qotrunnada Akmal, Renti Br Manalu, Ana Juliana Anjar Satria Negara https://creativecommons.org/licenses/by-nc-nd/4.0
Kepemilikan Hak Cipta atas Karya AI: Studi Normatif tentang Kekosongan Hukum di Indonesia
This study aims to explore regulatory gaps in the copyright framework in Indonesia, particularly regarding works created by artificial intelligence (AI). Rapid advances in AI technology have facilitated the independent production of creative works, raising fundamental issues related to copyright ownership. The current Indonesian Copyright Law does not address AI works, resulting in legal uncertainty. This study applies a normative legal method through an examination of regulations, legal doctrine principles, and analysis of related cases. The research findings indicate a substantial legal gap in Indonesia's copyright governance, which has the potential to trigger conflicts and limit the advancement of AI innovation. This study recommends updating the Copyright Law to include specific clauses regulating the legal position of AI works, taking into account the role of human contribution in the creative process.
Copyright (c) 2025 Khairina Ghasani Affifah, Nawal Fazri Supriyatna, Nazla Nailah Halim, Rahma Ayu Niar https://creativecommons.org/licenses/by-nc-nd/4.0
Implikasi Perjanjian Perdagangan Internasional terhadap Pengaturan Artificial Intelligence (AI) dan Perlindungan Konsumen dalam Transaksi Perdata
The development of artificial intelligence (AI) in the realm of international trade presents new dynamics that require adjustments in legal frameworks, particularly concerning consumer protection in civil transactions. This research originates from the tensions arising between the push for trade liberalization through international agreements such as the WTO and CPTPP which promote AI innovation and the need for national regulations to anticipate risks such as algorithmic discrimination and data privacy violations. Through a normative juridical approach, this study reveals how trade agreements tend to limit the regulatory space for AI at the national level in order to avoid trade barriers, which in turn may potentially weaken consumer protection against unfair practices, such as the use of non-transparent AI-based smart contracts. The findings indicate an increase in information asymmetry and consumer vulnerability, while also offering opportunities for global standard alignment. Therefore, it is essential to include consumer protection clauses in international trade agreements as an effort to balance various interests. Furthermore, it is necessary to strengthen national regulations in line with international standards, enhance inter-state cooperation in the field of AI ethics, and develop cross-border oversight mechanisms to ensure fair and secure civil transactions for consumers.
Copyright (c) 2025 Fahri Nugraha, Fauzia Agniatul Barokah, Finna Damia Arsi, Marsya Az-zahra, Utari Siti Fadilla https://creativecommons.org/licenses/by-nc-nd/4.0
Implikasi Pasal 1 Ayat (3) Undang-Undang Hak Cipta terhadap HKI Ciptaan AI: Pendekatan Yuridis Normatif untuk Respons Strategis Perdata Nasional Indonesia Menghadapi Tantangan Disrupsi Kreatif
The development of artificial intelligence (AI) has created new creative works that have created a normative vacuum in Article 1 paragraph (3) of the Indonesian Copyright Law, which explicitly recognizes humans as creators. This vacuum has opened up legal gaps regarding the protection and ownership status of AI-generated works. This study uses a normative juridical approach to analyze this problem using extensive interpretation methods, legal analogies, and new legal constructions to fill the legal vacuum. The results of the study formulate a response strategy framework through regulatory revisions that accommodate the involvement of AI technology by emphasizing the contribution of creative humans, as well as the development of adaptive judicial and administrative guidelines. This approach is expected to provide legal certainty, encourage technological innovation, and support the development of the digital creative industry in Indonesia.
Copyright (c) 2026 Putri Riby Trada, Cici Rahmawati, Rika Wulandari, Muhamad Alfi Dzkiri Salam, Cici Munte https://creativecommons.org/licenses/by-nc-nd/4.0
Implikasi Hukum Perdata Internasional terhadap Karya Cipta AI dalam Perkembangan Hak Kekayaan Intelektual
The development of artificial intelligence technology (Artificial intelligence /AI) has created a new challenge in the field of intellectual property Rights (IPR), especially regarding the legal status of creative works that are produced autonomously by Ai systems. The main problem arises determining the legal subject who is entitled to copyright protection,because the positive legal system in various countries still places humans as the only creator and holder of rights. In the context of international civil law, complexity increases due to differences in legal systems between countries and the cross border nature of Ai based digital works.This study uses a normative comperative approach to examine the implications of international civil law on Ai creations, by reviewing the principles of HKI protection in international instrument such as Bern Convention and the Trip`s agreement.The result of the study show that there is a significant void of norms because there is no explicit regulation regarding AI creations, this causing legal uncertainly in cross country protection. Therefore, it is necessary to recontruct international regulations and harmonize harmonize lawsbetween countries so that the IPR protection system remains adaptive to the development of artificial intelligence technology.
Copyright (c) 2026 Calista Regina Kusnadi, Gloria Sangkek, Hildan Mahathir, Ibrahimovic Nur Chandra, Reysa Mila Sukmana, Siti Azmi Septiani https://creativecommons.org/licenses/by-nc-nd/4.0
Hak atas Kebebasan Berpendapat di Era Digital antara Perlindungan Hak Asasi Manusia (HAM) dan Pembatasan Hukum
The right to freedom of expression is a human right guaranteed by the constitution and international instruments. However, the development of digital technology presents new challenges in the implementation of this right, particularly related to the rapid and widespread dissemination of information. The background to this research is the increasing use of social media as a new public space, which often creates conflicts between freedom of expression and legal regulations. The purpose of this research is to analyze the balance between human rights protection and legal restrictions in the practice of freedom of expression in the digital era. This research is expected to contribute academically to the development of legal science and provide practical input for policymakers. The research method used is a juridical-normative approach, analyzing legislation, legal cases, and field practices. The discussion reveals that although freedom of expression is a fundamental right, the state remains obligated to restrict expression that has the potential to violate the rights of others, cause public unrest, or threaten national security. The analysis shows that balance can be achieved through clear, proportional regulations and respect for democratic principles. In conclusion, rights protection must go hand in hand with law enforcement. Recommendations are made for the need to revise adaptive digital regulations and improve public legal and digital literacy.
Copyright (c) 2026 Okky Rayza Saputra, Khilda Vannisa Dwi Mutia, Muhammad Arya maulana, Mahera https://creativecommons.org/licenses/by-nc-nd/4.0
Citizen Lawsuit sebagai Suatu Gerakan Perlawanan dalam Menggugat Negara atas Kelalaian dalam Program Makanan Bergizi Gratis (MBG)
Health is the basic right of every citizen guaranteed by the constitution and international law. The Free Nutritious Eating Program (MBG) launched by the government aims to improve the quality of nutrition for schoolchildren. However, its implementation causes serious problems, especially related to food safety, which is characterized by thousands of cases of mass poisoning in various regions. This case shows the state's negligence in the aspects of supervision, quality control, and compliance with standard operational procedures (SOP). Based on Article 28H and 28D of the 1945 Constitution and Article 1365 of the Civil Code, state negligence that harms public rights can be filed through the Citizen Lawsuit mechanism, which is a lawsuit by citizens against the government for acts against the law by the ruler (onrechtmatige overheidsdaad). This research uses a normative legal method with a legislative and conceptual approach to examine: (1) the legal basis and practice of the Citizen Lawsuit in the Indonesian legal system; and (2) the application of this lawsuit as a control instrument against state negligence in the implementation of MBG. The results of the study show that although the Citizen Lawsuit has not been explicitly regulated in the law, the practice has been recognized through various Supreme Court decisions, which expands the understanding of legal standing for the public interest. However, its implementation is still facing significant obstacles, such as the lack of clarity of the plaintiff's legal position, the difficulty of proving causality in poisoning cases, as well as political resistance to criticism of the government's flagship program. It is necessary to update regulations and strengthen judicial capacity so that the Citizen Lawsuit can be an effective correction mechanism for public policy. The MBG case is a reminder that children's rights to nutrition and health should not be sacrificed for political interests, and that the state must be responsible for its negligence in protecting the fundamental rights of its citizens.
Copyright (c) 2026 Calista Regina Kusnadi, Chandra Putra Rahayu, Finna Damia Arsi, Keiza Putri Muslaf https://creativecommons.org/licenses/by-nc-nd/4.0
Analisis Yuridis terhadap Unggahan Potongan Film di TikTok Berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta
The rapid advancement of digital technology has significantly transformed the ways in which cinematographic works are consumed and distributed, particularly through social media platforms such as TikTok. This study aims to examine the legal framework surrounding the unauthorized uploading of film clips on TikTok under Law Number 28 of 2014 concerning Copyright, and to analyze the forms of legal protection available to copyright holders. This research employs a normative juridical approach, using literature review as the main method of data collection. The findings indicate that uploading film excerpts without permission constitutes a violation of both economic and moral rights of the creator, as stipulated in Articles 5 and 9 of the Copyright Law. Although the law provides exceptions for educational and critical purposes (Article 43), most TikTok uploads do not meet these criteria. Legal protection remains weak due to the complaint-based nature of enforcement and the lack of explicit regulation regarding the liability of digital platforms. Therefore, this study recommends legal reform, increased public awareness, and enhanced cooperation between the government and digital platforms to establish an effective and adaptive copyright protection system in the digital era.
Copyright (c) 2026 Zikrulloh Apandi, Fachri Rajib Khairi Hakim, Siti Setiawati, Virda Asmara, Fadilla Dianna https://creativecommons.org/licenses/by-nc-nd/4.0
Analisis Yuridis Tanggung Jawab Hukum Platform TikTok terhadap Pelanggaran Hak Cipta Konten Digital Berdasarkan UU No. 28 Tahun 2014
This study discusses the legal responsibility of digital platforms, particularly TikTok, for copyright infringement in Indonesia based on Law No. 28 of 2014. The background of this study stems from the rampant use of digital content without the permission of copyright owners and TikTok's role as an intermediary. The purpose of this study is to analyze the legal responsibility of platforms and assess the effectiveness of infringement reporting mechanisms. The research uses a normative juridical method with a descriptive-analytical approach, examining legal regulations, literature, and reports of copyright infringement on digital platforms. The results of the analysis show that TikTok has administrative responsibility to follow up on illegal content through a take-down mechanism, while criminal and civil liability arise if the platform is proven to be negligent. The conclusion of the study confirms that platform compliance with administrative obligations has a direct impact on the risk of legal sanctions and the effectiveness of copyright protection. The research recommendations include regulatory harmonization, the application of due diligence principles, user education, and cross-border and cross-stakeholder collaboration to strengthen the accountability of digital platforms.
Copyright (c) 2026 Namira Zahra Maulida Hakim, Mohamad Rizki Adiatsyah, M. Nazril Andika, Rahil Maharani, Rahma Syairatunnisa https://creativecommons.org/licenses/by-nc-nd/4.0
Perlindungan Hukum terhadap Pemalsuan Merek di Marketplace Online
The development of information technology and digital trade has created both opportunities and challenges in enforcing trademark law within online marketplaces. This study aims to analyze the effectiveness of law enforcement against trademark infringement in the digital sphere and to examine the legal responsibilities of marketplace operators in monitoring and addressing counterfeit products that harm trademark owners. The research employs a normative legal method using statutory and conceptual approaches. The findings reveal that, although Indonesia’s legal framework provides trademark protection under Law Number 20 of 2016 and its implementing regulations, the effectiveness of law enforcement remains limited due to weak supervision, lack of coordination, and difficulties in evidence collection. Marketplaces are legally obligated to apply the principle of due diligence and actively monitor by verifying sellers and conducting take down actions on unlawful products. The study concludes that the effectiveness of law enforcement and the legal responsibility of marketplaces are interrelated variables in establishing a fair legal protection system for trademark holders and consumers. Strengthening synergy between the government, digital platforms, and society is essential to create a safe and just electronic trading environment.
Copyright (c) 2026 Fransnicky Augustin, Listi Listia, Muhammad Eriz Erizal, Ria Rosye Natalia Lumarewane https://creativecommons.org/licenses/by-nc-nd/4.0
Perlindungan Hukum Kekayaan Intelektual terhadap Replikasi Merek dalam Menjamin Keadilan dan Kepastian Hukum
This study discusses the importance of legal protection of intellectual property, particularly trademarks, in response to the growing prevalence of brand replication or imitation practices that harm rights holders and create legal uncertainty. The purpose of this research is to evaluate the effectiveness of legal protection provisions under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, while also identifying the obstacles encountered in its implementation in Indonesia. The research employs a normative legal method using both statutory and conceptual approaches. The findings reveal that weaknesses still exist in the implementation of trademark law, especially in proving elements of trademark similarity and in the weak enforcement of sanctions against trademark infringements. Such conditions hinder the realization of legal certainty and justice for legitimate trademark owners. Therefore, strengthening regulations, enhancing the effectiveness of law enforcement institutions, and improving public legal awareness are essential to foster understanding of the importance of intellectual property protection.
Copyright (c) 2026 Arini Prihatini, Muhammad Rafly Eka Pratama, Nazwa Syifaurrahmah, Tiara Maharani, Silvia Melani https://creativecommons.org/licenses/by-nc-nd/4.0
Perlindungan Anak dalam Konflik Zona Aktif Peperangan dalam Perspektif Viktimologi
This article discusses the protection of children's human rights in the context of armed conflict, which is a crucial issue in international humanitarian law and human rights law. Armed conflict has a major impact on children, causing rights violations, physical and psychological trauma, and vulnerability to exploitation. This article reviews the relevant international legal framework, including the 1949 Geneva Conventions, the 1989 Convention on the Rights of the Child, and additional protocols governing the protection of children in conflict situations. In addition, this article also highlights the role of international institutions such as UNICEF in providing humanitarian assistance and protection to children affected by armed conflict. This study uses a normative juridical method by focusing on applicable written law, analyzing the protection of children in war zones based on national and international legal provisions through a victimology perspective.
Copyright (c) 2026 Alysha Vania Agusti, M. Faisal, Davina Glorify Liubana, Ika Mawadah, Rizky Vinanda Ramadhan, KuirJoseph Deng Kuir https://creativecommons.org/licenses/by-nc-nd/4.0
Peran UNCITRAL dalam Menyusun Instrumen Hukum Perdata Internasional Terkait Artificial Intelligence
The rapid development of Artificial Intelligence (AI) has significantly influenced international trade, particularly in the formation of automated contracts executed by autonomous systems. The use of AI raises new legal issues concerning contract validity, civil liability, and data protection in cross-border dispute resolution. This study aims to analyze the role of the United Nations Commission on International Trade Law (UNCITRAL) in drafting international private law instruments responsive to AI developments, with a specific focus on the Model Law on Automated Contracting (2024). The research applies a normative juridical method through statutory, conceptual, and comparative approaches. Primary legal materials consist of official UNCITRAL documents, while secondary sources include academic literature and international regulations on AI. The findings indicate that UNCITRAL has established a legal basis for recognizing contracts formed through automated systems and has contributed to the harmonization of cross-border legal frameworks. However, gaps remain concerning civil liability, algorithmic explainability, and confidentiality protection. The conclusion is that although UNCITRAL has taken a progressive step through the Model Law 2024, further instruments are needed to ensure legal certainty. This research suggests that UNCITRAL should formulate additional guidelines, strengthen harmonization with other international instruments, and encourage member states to adopt and adapt the Model Law 2024 according to their domestic contexts.
Copyright (c) 2026 Reva Alya Permana Putri, Sri Nafa, Sabrina Nauran Haq, Muhammad Zaelani Dahlan, Muhammad Ibnu Chandra Abhinaya https://creativecommons.org/licenses/by-nc-nd/4.0
Analisis Yuridis Hak Kekayaan Intelektual dalam Bidang Merek Industri
This study aims to juridically analyze the legal protection of Intellectual Property Rights (IPR), specifically in the aspect of trademarks within the industrial sector. Trademarks are a critical part of Industrial Property Rights, serving as distinguishing identifiers between different products or services. Their presence plays a strategic role in business, as they not only add value to the owners but also protect consumers from unfair business competition. The research employs a normative juridical approach by examining prevailing positive laws, especially Law Number 20 of 2016 on Trademarks and Geographical Indications, along with various implementing regulations. The analysis focuses on the principles of trademark registration, the scope of exclusive rights granted to trademark owners, and the legal protection mechanisms, both preventive through registration systems and repressive through dispute resolution and law enforcement. The findings indicate that the trademark protection system in Indonesia has been comprehensively regulated to provide legal certainty for registered trademark owners. However, in practice, business dynamics often lead to disputes, notably involving substantial or overall similarity of trademarks. Such conditions demand deeper legal understanding and stricter application of regulations. Violations such as counterfeiting or using common words can cause harm to both the rights holders and consumers who lose trust in the products. Thus, this study emphasizes the importance of strengthening trademark registration systems and consistency in law enforcement. Increasing legal awareness among business actors and consistency in Commercial Court decisions in resolving trademark disputes are fundamental factors in creating effective IPR protection. This is expected to support the establishment of a healthy, competitive business climate that fosters innovation in the industrial sector.
Copyright (c) 2026 Risma Amanda Wulandari, Neng Rani, Nadya Putri, Maghfi Zahra, Encep Nasir https://creativecommons.org/licenses/by-nc-nd/4.0
Analisis Tantangan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta terhadap Ciptaan yang Dihasilkan oleh Generative Artificial Intelligence (Gen-AI) di Indonesia
The rapid development of digital technology in the 20th century, particularly with the advent of Generative Artificial Intelligence (Gen-AI) technology, which is part of Artificial Intelligence (AI) that is now capable of creating works based on human commands (prompts), has caused major disruption and new legal challenges in the field of copyright in Indonesia. This study aims to analyze the challenges of Law Number 28 of 2014 concerning Copyright to creations produced by Gen-AI, as well as to assess the extent of legal certainty. The legal research method used is a normative legal research method, with a statute approach and a conceptual approach. The legal materials used are primary and secondary legal materials. The results of the analysis are presented descriptively. The results show that the Copyright Law still places humans as the only legal subjects in creation, so that works produced by Gen-AI are not included in the category of protected creations. This condition creates a legal vacuum (rechtsvacuum) and uncertainty regarding the ownership and originality of the work. It is concluded that the Indonesian copyright legal framework is not yet fully adaptive to technological developments. Therefore, legal reform is needed to expand the definition of “creator” and explicitly regulate works produced by Gen-AI in order to provide legal certainty and protection in the era of artificial intelligence.
Copyright (c) 2026 Asri Nurhofifah, Muhammad Fadhil Sofyan, Muhammad Ikhsan Muhydin, Rachel Al-Padil, Sahda Selena Dewi Amara https://creativecommons.org/licenses/by-nc-nd/4.0
Peran Kecerdasan Buatan dalam Penyelesaian Sengketa Hak Kekayaan Intelektual Lintas Negara melalui Mekanisme Online Dispute Resolution ASEAN
In the digital age and global economy, cross-border intellectual property (IP) disputes are becoming increasingly complex and frequent. Alternative Dispute Resolution (ADR) mechanisms, particularly online dispute resolution (ODR), are one solution to overcoming barriers of time, cost, and jurisdiction. This article analyzes the potential and challenges of utilizing artificial intelligence (AI) in supporting the resolution of cross-border IPR disputes through ODR within the ASEAN framework. The study covers aspects of regulation, technology, institutional readiness, ethics, and legal harmonization among ASEAN countries. The research method is normative-juridical with literature study, policy analysis, and review of regional practices and ongoing initiatives. The results show that AI has great potential to accelerate the process, improve access, and reduce costs, but challenges such as differences in legal systems, AI and data regulatory frameworks, privacy protection, and transparency need to be addressed. This article offers policy recommendations for ASEAN to develop an effective and fair AI-enabled ODR framework.
Copyright (c) 2026 Abdurahman Pais, Nenden Siti, Amelia Ajni Oktaviani, Najwa Nursyifa, Elsa Selpiani https://creativecommons.org/licenses/by-nc-nd/4.0
Peran Direktorat Jenderal Kekayaan Intelektual dalam Perlindungan Merek Open Mic Indonesia dari Unsur Generik
This research examines the role of the Directorate General of Intellectual Property (DGIP) in protecting the trademark "Open Mic Indonesia" from generic terms elements and analyzes the legal decision on trademark cancellation based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The registration of "Open Mic Indonesia" trademark by Ramon Pratama in 2015 sparked controversy as the term "open mic" is widely recognized as a generic term in the entertainment industry. This research employs normative juridical methods by analyzing laws, court decisions, and relevant literature. The study reveals that DGIP plays a crucial role in conducting substantive examination to ensure registered trademarks meet the distinctiveness requirements and do not contain generic terms as stipulated in Article 20 letters e and f of the Trademark Law. The analysis of Decision Number 85/Pdt.Sus-HKI/Merek/2022/PN.Niaga.Jkt.Pst confirms that "open mic" is a common term belonging to the public domain since the 1930s, and the addition of "Indonesia" does not provide sufficient distinctiveness. This decision emphasizes that the first-to-file system cannot legitimize monopoly over generic terms. The research recommends that DGIP enhance its verification mechanisms through comprehensive examination including international dictionary searches, term usage databases, and expert consultations to prevent future registration of generic terms and maintain balance between exclusive trademark rights and public interest in using common terms.
Copyright (c) 2026 Fuja Sira Oktapiani, Naura Sany Shabira, Ceuceu Triana, Faqih Hanif Ramdhana, Esrom Elieser Langodai https://creativecommons.org/licenses/by-nc-nd/4.0
Penerapan Prinsip Lex Loci Contractus dalam Kontrak Digital Berbasis AI antara Pelaku Usaha Internasional
The development of digital technology and artificial intelligence (AI) has had a significant impact on the paradigm shift in the creation and implementation of international contracts. AI based digital contracts enable efficient cross border transactions through automation and algorithmic analysis. However, this progress raises legal challenges, particularly in the application of the lex loci contractus principle, which traditionally stipulates applicable law based on the place where the contract is made. In AI-based digital contracts, the physical location of the contract is unclear because the process takes place virtually and can involve cross-jurisdictional AI systems and the protection of the rights and obligations of the parties. This study aims to analyze the application of lex loci contractus in the context of AI-based digital contracts between international business actors, by examining the need for adaptation of legal principles to remain relevant in the digital era. The research method used is normative juridical with a descriptive analytical approach, focusing on the analysis of legal norms, doctrine, and international practices related to digital contracts and AI. The results of the study indicate that the lex loci contractus principle needs to be interpreted flexibly by considering the legal location of the parties or where the AI system operates significantly. This adaptation is expected to provide legal certainty, guarantee legal protection for the parties, and encourage the formation of an international contract legal framework that is responsive to developments in AI technology.
Copyright (c) 2026 Alma Fauzia Syifa, Aulia Zahra Siregar, Anna Marlen Tinopi, M. Rifki Maulana, Nailul Inayah https://creativecommons.org/licenses/by-nc-nd/4.0