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Sheren Devillia Rasyah; Lady Ramadhani; Alya Ramadhani Hariman; Moulyta Elgi Trinanda

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the comparison between litigation and Alternative Dispute Resolution (ADR) in resolving business conflicts in Indonesia. The increasingly complex nature of business activities has led to a variety of conflicts, such as breach of contract, share ownership disputes, and payment issues, which require efficient resolution methods that provide legal certainty. This study aims to explore the characteristics, procedures, advantages, and disadvantages of dispute resolution through litigation and ADR, which include negotiation, mediation, conciliation, and arbitration. The method applied is normative juridical, drawing on legislation, legal doctrine, and relevant literature. The research findings indicate that litigation offers stronger legal certainty through binding court decisions and organized procedures, but is often time-consuming, expensive, and produces win-lose outcomes. On the other hand, ADR offers flexibility, confidentiality, efficiency, and the opportunity to reach mutually beneficial solutions, although in some situations it requires court confirmation for enforcement. Therefore, the choice of dispute resolution method needs to be adjusted to the nature of the conflict, the relationship between the parties, and the need for legal certainty.

Ismarini Della Purnama; Muhammad Arya Azra; Renofadli Rizkisyah; Atik Winarti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the protection of trade secrets in the framework of Intellectual Property Rights (IPR) by conducting a comparative study between Indonesia and Malaysia. Trade secrets are a form of intellectual property that has significant economic value for business actors but often receives inadequate attention compared to other forms of IPR. This research focuses on two main problems: first, the comparison of the legal framework for the protection of trade secrets in Indonesia and Malaysia in the context of Intellectual Property Rights; and second, the role of IPR-related institutions in both countries in providing protection for trade secrets. The research method used is normative legal research with a comparative approach and a statute approach. The data used are in the form of primary legal materials in the form of laws and regulations related to IPR in Indonesia and Malaysia, as well as secondary legal materials in the form of literature and scientific journals. The results of the study show that there are significant differences in the legal framework for the protection of trade secrets between Indonesia, which adopts  a civil law system  with special codification through Law No. 30 of 2000, and Malaysia, which applies a common law approach  with a combination of court precedents and statutory law. In addition, there are differences in the roles and functions of IPR-related institutions in the two countries in providing protection for trade secrets, especially in terms of registration, law enforcement, and dispute resolution. The study concludes that despite differences in approaches, both Indonesia and Malaysia recognize the importance of trade secret protection within the framework of IPR, with Malaysia tending to have a more comprehensive protection system based on common law practices. Based on the findings of the study, it is recommended that Indonesia can adopt some positive aspects of Malaysia's trade secrets protection system, especially in terms of harmonizing the role of relevant institutions and strengthening law enforcement mechanisms.

Sumarni Rusdi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to determine whether or not the fifth Amendment of the 1945 Constitution as the written Constitution of the State of Indonesia which has become a mecca in formulating laws and regulations for more than the last twenty-five years is still able to meet the demands of the dynamics of the current administration or whether radical changes need to be made by changing the main mecca. Along with the current government and a few years ago. The executive and legislative parties even managed to form several legal products that were eventually criticized and rejected by the public. Therefore, it is necessary to limit the power in the field of legislation that must be given to the party whose authority it is. Based on the theory of limiting the President's power, he is the party that executes and implements the law. In Indonesia, the executive is involved in the process of forming legal products. Even the judiciary also acts as a legislator rather than a negative legislator. Efforts to maintain the position of independent commissions and emphasize regional elections so that we do not need to return to the old model. This research will discuss the ideas of change that should be urgent in the current Indonesian constitutional order, and be able to meet the needs of the future. The method used in this writing is Normative law. By conducting approaches to legislation, conceptual, historical approaches, comparisons and using qualitative analysis methods.

St. Nurafni Mutmainnaturrahmah; Mabruri Andatu; Ahmad Muti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study analyzes the comparison of peer-to-peer (P2P) lending contract law in the perspective of positive law and Islamic law. Major problems in the industry include the risk of default, contract defects, and a lack of transparency. The research method used is literature research. The results show that positive laws provide a framework for consumer protection, but are often inadequate in protecting vulnerable parties. On the other hand, Islamic law emphasizes justice and the prohibition of usury, although the practice in the field is not yet fully appropriate. The study recommends collaboration between regulators and service providers to create a fair and law-abiding system. This is expected to contribute to the development of P2P lending policies and practices that are more sustainable and in accordance with sharia principles.