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I Made Agus Setiawan; Kadek Mery Herawati; I Gusti Ngurah Aristiawan

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the effectiveness of Law Number 10 of 2009 on Tourism in relation to tourism actors in Indonesia. The enactment of this law is intended to provide legal certainty, protection, and development opportunities for business actors, tourists, and the community in supporting sustainable tourism development. The research employs a normative-empirical legal method with statutory and conceptual approaches. Data were collected through literature review and field observation to assess the extent to which the legal norms contained in the Tourism Law are implemented in practice. The findings reveal that the law has provided an important normative framework for the recognition of rights, capacity building, and protection of tourism actors. Nevertheless, structural challenges such as limited access to capital, low human resource competence, and the suboptimal implementation of legal protection and social security remain significant obstacles. Therefore, strengthening strategies are required through digitalization, training and certification, facilitation of MSMEs, and pentahelix synergy involving government, academia, business actors, communities, and the media. Through these measures, the implementation of the Tourism Law is expected to foster a tourism ecosystem that is competitive, inclusive, and sustainable at the local, national, and global levels.

Rico Yonanda Situmeang; July Esther

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Handling cases of domestic violence (KDRT) requires an approach that not only focuses on sanctions for perpetrators, but also on the comprehensive recovery of victims. One of the appropriate methods is restorative justice, which is focused on restoring social relations, psychological recovery for the victim, and the participation of all parties involved in the process of resolving the case. In this context, lawyers play a strategic role, not only as defenders of the law, but also as facilitators of a just and supportive restorative process for victims. This study aims to analyze in depth the role of lawyers in the implementation of restorative justice in domestic violence cases, as well as identify the challenges and opportunities faced in practice. The applied approach includes normative juridical and sociological with qualitative data analysis. The findings indicate that lawyers play a crucial role in ensuring victims ' rights are protected, providing trauma-sensitive legal assistance, and encouraging restorative agreements that do not harm victims. Therefore, it is necessary to increase the capacity of lawyers, the development of more comprehensive regulations, and cooperation between sectors to support the implementation of restorative justice that is efficient and in favor of victims of domestic violence.

Simauli Margaretta Panjaitan; Besty Habeahan

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

A land certificate serves as the strongest form of ownership evidence; however, conflicts over physical possession frequently occur, leading to legal uncertainty. This study examines the legal protection afforded to legitimate owners of land certificates whose land is unlawfully possessed by third parties. The 1945 Constitution of the Republic of Indonesia guarantees and protects the rights of Indonesian citizens, including their rights to acquire, own, and enjoy land ownership. The research employs a normative juridical method by analyzing relevant laws and regulations, such as the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 24 of 1997 concerning Land Registration. The data sources used in this study consist of both primary and secondary materials. The main issues addressed include the form of legal protection available to land certificate holders whose land is unlawfully controlled by third parties, and the legal remedies that may be pursued by the rightful owners to reclaim their rights. The findings indicate that legal protection for land certificate holders can be implemented through both preventive and repressive measures. Preventive protection is achieved through a land registration system that ensures legal certainty, while repressive protection is pursued through dispute resolution mechanisms in court. These mechanisms are expected to safeguard the rights of landowners and ensure the realization of legal certainty in a fair and equitable manner.

Fiska Silvia Raden Roro; Bambang Sugeng Ariadi Subagyono; Zahry Vandawati Chumada; Trisadini Prasastinah Usanti

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

A community service program (PKM) entitled "Skincare Product Dispute Resolution" was successfully implemented in Ngadi Village, Mojo District, Kediri Regency, involving village cadres, youth organizations, and community members, particularly housewives as skincare consumers. This PKM aims to provide solutions to skincare product disputes through five stages: outreach, training, technology implementation, mentoring, and sustainability evaluation. The outreach program began with a presentation on halal skincare products and consumer protection against misleading promotional practices, delivered by speakers from the Sharia Research Group (SReG) and the Non-Governmental Consumer Protection Organization. This program also includes in-kind and in-cash contributions, including training to improve customer service quality, ensure raw material quality standards and production processes comply with international standards, and ensure product information transparency. In addition, a loyalty program and transportation cost incentives were provided to affected consumers. PKM partners played an active role in providing information and inviting the community to participate in this activity. The implementation of this activity is expected to strengthen consumer trust and ensure protection of consumer rights related to skincare products.

Noverin Andrea Anang; Tjang, Yanto Sandy; Herkulana Mekarryani Soeryamassoka

Nubuat : Jurnal Pendidikan Agama Kristen dan Katolik 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Gender equality in the religious sphere in Indonesia is a complex phenomenon, shaped by the interaction between theological doctrines, institutional practices, and the socio-cultural context of each tradition. This study employs a qualitative-descriptive approach through literature review to analyze six major religions in Indonesia: Catholicism, Protestantism, Islam, Hindu Dharma, Buddhism, and Confucianism. The analysis focuses on three main dimensions: theological perspectives regarding gender roles and positions, social changes influencing gender relations, and transformations in institutional structures and practices that support gender equality. The findings indicate that historically, women were often placed in subordinate positions due to patriarchal norms, although the core teachings of these religions contain egalitarian principles and recognition of women’s dignity. Contemporary transformations are reflected in the reinterpretation of religious texts and practices that promote gender equality: Catholicism emphasizes the recognition of women’s dignity within the clerical hierarchy; Protestantism opens opportunities for the ordination of female pastors; Islam reinterprets the principles of Qawwamun and family law rights; Balinese Hindu Dharma adjusts women’s roles in rituals and public spheres; Buddhism revives the bhikkhuni order within the sangha; and Confucianism modernizes the interpretation of Wu Lun and San Cong to emphasize mutual responsibilities between husband and wife. In conclusion, despite persistent patriarchal challenges, this study affirms that religion has the potential to act as an agent of social transformation promoting gender equality while maintaining the moral, spiritual, and traditional values distinctive to each tradition. These findings contribute significantly to academic literature, interfaith dialogue, and the development of more gender-inclusive policies.

Rahmadani Fitri Panjaitan

Uranus: Jurnal Ilmiah Teknik Elektro, Sains dan Informatika 2025 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

The attendance recording system at PLN ULP Tanjungbalai still relies on manual, paper-based methods, resulting in delays in data recap, reduced efficiency, and a high potential for recording errors. This condition affects the accuracy of employee attendance information, which is essential for administrative activities and managerial decision-making. Based on these issues, this practical work aims to design and develop a web-based e-attendance application as a solution to enhance efficiency, processing speed, and the accuracy of attendance recapitulation. The system was developed using PHP as the programming language and MySQL as the database management system, following several stages including requirement analysis, system design using UML, and implementation of a web-based user interface. The application provides essential features such as user login, daily attendance recording, employee data management, attendance notes (permission, sickness, etc.), and automatic attendance report generation. The system is designed for two types of users—Admin and Employees—each with specific access rights. The implementation results indicate that the e-attendance application significantly improves the efficiency of attendance administration at PLN ULP Tanjungbalai. Data collection and recapitulation become faster, more structured, and less prone to errors, while also enabling administrators to monitor employee attendance in real time. Therefore, this web-based e-attendance application serves as an effective solution to support operational activities and enhance the quality of employee attendance management.

April Naufal Anggraeni; Aldi Darmawan; Ismi Rusyanti

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The right to immunity for advocates is an important instrument to ensure that advocates can practice their profession freely, especially in defending clients' interests in court, without being disturbed by legal threats. However, this right is not absolute and can be lost if the advocate violates the code of ethics or harms the dignity of the court, as in the case of Razman Arif Nasution, which raised questions about the balance between professional protection and ethical responsibility. This paper aims to examine the limits of the right to immunity for advocates in the context of violations of professional ethics, as well as explore its legal implications for the disciplinary mechanisms of advocate organizations. The method used is normative juridical, with a statute approach and a case study approach. The study findings indicate that advocate protection must still be linked to compliance with professional ethics, so that in practice disciplinary mechanisms have a strategic role in upholding professionalism.

Rengga Kusuma Putra; Retno Saraswati; Edvardas Juchnevicius; Aulia Rahman

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: Criminal justice reform has become a crucial global issue in maintaining the balance between the protection of individual rights and state authority, particularly amid the increasing complexity of law enforcement and the risk of abuse of power. Objective: This study aims to analyze the relationship between the principles of due process of law, legal accountability, and the rule of law within criminal justice systems, as well as to compare their implementation in common law and civil law systems. Methods: This research employs a normative and comparative approach through the analysis of legal regulations, criminal justice practices, case studies of procedural violations, and cross-country comparisons, supported by interviews with academics and legal practitioners. Results: The findings indicate that although the principles of due process, legal accountability, and the rule of law are widely recognized, their implementation still faces significant challenges, including weak oversight, procedural inconsistencies, and limited institutional capacity. The comparative analysis also reveals a growing convergence between common law and civil law systems in adopting human rights-based standards, despite differences in procedural approaches. This study concludes that the holistic integration of these three principles is essential to establish a fair, transparent, and accountable criminal justice system.

Mumtaz Muhmmad Hafidz; Edi Mufrodi; Rizki Putri Aulia; Dzulkifli Hanafi; Neli Amaliah +2 more

Divorce is a social phenomenon that is increasingly common and has various social, economic, and psychological impacts, especially for women as the most vulnerable party. Divorce not only results in changes in the legal status of husband and wife, but also affects the emotional condition and social well-being of women after the end of the marriage bond. From an Islamic legal perspective, the 'iddah period functions as a protection mechanism for women after divorce, which aims to maintain honor, ensure clarity of pregnancy conditions, and provide certainty of legal status. However, in practice there are conditions that resemble the 'iddah period without fully fulfilling the formal provisions of Islamic law, known as Syibhul 'Iddah, due to the unclear status of divorce or differences in legal interpretation. This concept has an important role in protecting women's rights, especially regarding livelihood, residence, and legal certainty after divorce. This study uses a library research method with a normative legal approach. Data were collected through a review of primary, secondary, and tertiary legal materials, including the Qur'an and Hadith, Islamic jurisprudence literature, laws and regulations such as the Compilation of Islamic Law, and relevant journals and scholarly works. Data analysis was conducted qualitatively using descriptive-analytical methods to examine the concept of Syibhul 'Iddah and its implications for the protection of women's rights after divorce.  

Izzatul Mula; Auliya Ristiani; Abdulrahman Ratuloly; Firza Agung Prakoso

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the transformation of Fixed-Term Employment Agreements (PKWT) in East Java within the context of Indonesia's flexible economy era, particularly following the enactment of the Job Creation Law (UU Cipta Kerja No. 6/2023). The research analyzes the legal protection challenges faced by contract and outsourcing workers in East Java Province from 2020–2025. Using a normative juridical approach combined with empirical data from the Central Statistics Agency (BPS) and the Ministry of Manpower, this study reveals that despite regulatory improvements, significant gaps remain in the implementation of labor protection. Key findings indicate that contract workers in East Java, estimated at 59.17% of the informal workforce in 2024, face uncertainties regarding contract duration, compensation rights, and social security. The study recommends strengthening supervision mechanisms, clarifying regulations on gig economy workers, and enhancing bipartite negotiation processes to ensure balanced protection between business flexibility and workers' fundamental rights, while also promoting legal certainty and sustainable employment relations in the regional labor market.

Defana Tri Rakhiish Dani; M. Fahmi Fahruddin; M. Rizki Prasertyo; Abdul Roja

Hikmah : Jurnal Studi Pendidikan Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Every individual possesses both rights and obligations that must be understood and exercised in a balanced manner to maintain social order, justice, and collective well-being. A clear understanding of citizens’ responsibilities is essential for creating a prosperous and harmonious society. This study examines the rights and obligations of citizens as stipulated in the 1945 Constitution of the Republic of Indonesia, with a primary focus on exploring how the Constitution guarantees, regulates, and implements these fundamental principles in national life. The research employs a qualitative method with a descriptive-analytical approach. Data were collected through desk research, analysis of constitutional provisions, examination of relevant legal documents, and review of related academic literature. The findings indicate that the 1945 Constitution provides strong protection for fundamental human rights, including the rights to education, health services, employment, legal protection, and freedom of expression. At the same time, the Constitution clearly outlines citizens’ obligations, such as obeying the law, paying taxes, respecting the rights of others, participating in national defense, and contributing to social harmony. The study emphasizes that rights and obligations are interconnected and must be carried out proportionally. Understanding and applying these constitutional principles is crucial for strengthening democratic governance, enhancing legal awareness, and fostering a just, orderly, and sovereign nation.

Ikhwan Nur Ramadhan; Damar Arrya Akbar A; Fajar Kurniawan; Herdandi Bagus A.P.

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores how the drafting process of the Bill (RUU) for the Revision of the Indonesian National Armed Forces (TNI), which was approved to become Law Number 3 of 2025, occurred amidst massive public protests, with an emphasis on violations of the principles of openness, participation, and accountability as regulated in the 1945 Constitution and Law Number 12 of 2011 concerning the Formation of Legislative Regulations. The public's rejection illustrates the potential for abusive law making, threats to civilian dominance, and the possibility of a return to the dual function of the military from the New Order period, supported by protests, petitions from civil society organizations such as NU, WALHI, and KONTRAS, as well as an application for constitutional review to the Constitutional Court. Adopting the perspective of Habermas’s theory of deliberative democracy and Weber’s concept of legitimacy, this research asserts that the argument for the annulment of this Bill is growing stronger, in order to uphold democratic law making and the protection of human rights.

Cecep Bihar Aftarudin; Arihta Esther Tarigan; Elianta Ginting

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

An employment relationship is a relationship between a worker and an employer or entrepreneur involving work, wages, and orders. One outcome of this employment relationship is termination of employment. To create a just and prosperous society based on Pancasila and the 1945 Constitution, the government has enacted laws concerning termination of employment, such as Law No. 13 of 2003 concerning Manpower, Law No. 11 of 2020 concerning Job Creation, and Government Regulation No. 35 of 2021 concerning Fixed-Term Employment Agreements, Outsourcing, Working and Rest Hours, and Termination of Employment. This research uses a normative legal method, namely examining the law as it exists or should exist, or the law in books. The research was conducted by analyzing applicable laws and regulations, using library materials or secondary data covering primary, secondary, and tertiary law. Termination of employment is the right of both parties, namely workers and employers. Both parties can terminate the employment relationship according to their respective situations or conditions. This issue often generates debate because each party has different perspectives and arguments regarding termination of employment. As a result, the amount of compensation workers receive in practice also varies. Comparing Law No. 13 of 2003, Law No. 11 of 2020, and Government Regulation No. 35 of 2021 concerning termination of employment, it is clear that the Employee Rights Act No. 13 of 2003 provides more compensation than the Job Creation Law. Therefore, in practice, many companies, including PT Kuoni Indonesia, seek ways to reduce their compensation obligations under the pretext of negotiating with employees.

Octaviana Anugrah Ade Purnama; Marion Erwin Dien; Mori I

International Journal of Educational Technology and Society 2025 Asosiasi Periset Bahasa Sastra Indonesia

This study presents an ethical framework for learning analytics aimed at addressing key challenges related to the collection and use of student data in higher education. Learning analytics, a powerful tool for improving student outcomes and institutional decision-making, has raised ethical concerns regarding data privacy, transparency, fairness, and equity. The proposed framework integrates four core principles: data privacy, informed consent, transparency, and fairness, ensuring that institutions use learning analytics responsibly while safeguarding student rights. A central feature of the framework is its focus on promoting equitable decision-making, minimizing bias, and preventing the reinforcement of existing inequalities in algorithmic and data-driven decisions. The framework also emphasizes the importance of continuous ethical oversight, holding institutions accountable for ethical data use and adapting practices as technology evolves. The study concludes that the framework offers a comprehensive solution to the ethical challenges in learning analytics, providing institutions with a practical guide to embedding ethical principles in data practices. Additionally, the research discusses its potential to foster fairness, equity, and transparency in decision-making processes. Future research is recommended to refine the framework and explore its application across various educational contexts, ensuring responsible and inclusive use of learning analytics.

Hana Bella Sartika; Muhammad Arvin Aldrich Romero; Fitrisia Gita; Budi Setiawan

Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan 2025 Lembaga Pengembangan Kinerja Dosen

Business legality is an urgent need for MSMEs, particularly in the food sector, which faces strict regulations and high risks to food safety. However, many MSMEs still lack a Business Identification Number (NIB) or Intellectual Property Rights (IPR) protection due to low digital literacy and a lack of understanding of licensing procedures. This situation emphasizes the urgency of mentoring so that MSMEs can operate legally and be legally protected. This Community Service Program (PKM) aims to assist the Golden Kriuq MSME in obtaining an NIB and increase business owners' understanding of the importance of IPR, branding, and digital marketing. The implementation method uses a qualitative approach through observation, interviews, education, documentation, and direct mentoring. Activities carried out include NIB registration through the OSS Indonesia application, logo, banner, and menu design, business Instagram account creation, location determination on Google Maps, and education on the stages of brand registration through the DJKI system. The results show that Golden Kriuq successfully obtained an NIB, has a more consistent visual identity, and has a more professional digital presence. The program's impact is evident in increased awareness of legality, digital administration readiness, and businesses' ability to compete more professionally and sustainably.

Maskawati Maskawati; Muhammad Tryas Budi Firamulia; Burhanuddin Burhanuddin

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The state of law and democracy are two concepts that are interrelated in the mechanism of managing the government of a country. Democracy provides the foundation for creating equality and equality of rights for all citizens, while the state of law emphasizes that power in a country must be subject to the rule of law, not the will of a particular individual or group. This research is a normative legal research with a normative juridical approach that seeks to explore the harmony of legal rules with applicable norms. The results of the study show that from the colonial period to the reform era, a lot of progress has been made in strengthening the principles of the rule of law, both formally and substantially. The 1998 reform was a momentum that marked a strong commitment to make Indonesia a democratic country of law, where every citizen has rights and obligations protected by law. In Indonesia, democracy has gone through various phases from the parliamentary era, Guided Democracy, New Order, to the reform era that provides greater space for people's involvement.

Efrando Ufo; Agus Nurudin

Jurnal Akta Notaris 2025 Program Studi Kenotariatan Program Magister

Di tengah dinamika industri musik yang terus berkembang pesat di Indonesia, permasalahan royalti atas karya musik menjadi tantangan besar yang memerlukan solusi hukum yang konkret dan efektif. Performing rights merupakan hak pokok yang dilindungi dalam UU Hak Cipta (UUHC) atas pemanfaatan karya dalam pertunjukan publik, pada penerapannya belum optimal dan sering menimbulkan permasalahan hukum antara pencipta lagu, performer, dan event organizer. Konteks penelitian ini menghadirkan peranan strategis Notaris sebagai penjaga keabsahan kontrak melalui penyusunan klausul performing rights pada kontrak event organizer sebagai solusi preventif terhadap permasalahan royalti di industri musik Indonesia. Rumusan masalah penelitian ini meliputi: bagaimana kedudukan performing rights menurut UUHC, bagaimana penerapan klausul performing rights pada kontrak event organizer, serta bagaimana peranan Notaris dalam penyusunan klausul performing rights sebagai upaya mencegah sengketa royalti. Penelitian ini menggunakan metode pendekatan yuridis normatif dan konseptual, dengan mengkaji peraturan perundang-undangan, doktrin hukum, dan praktik industri musik secara sistematis serta analitis. Hasil penelitian menunjukkan bahwa klausul performing rights yang disusun dan disahkan oleh Notaris memiliki peran sentral dalam memastikan legalitas, kekuatan mengikat, serta perlindungan hak cipta, sehingga mampu meminimalisir potensi sengketa royalti dan pelanggaran hak cipta. Berdasarkan analisis terhadap regulasi dan kebutuhan praktis sebagaimana uraian dalam penelitian ini, Peneliti menyusun sebuah draf klausul Performing Rights yang komprehensif dan aplikatif untuk dimuat dalam kontrak antara Event Organizer dan Performer. Disarankan perlunya standarisasi klausul performing rights, peningkatan pengetahuan hukum bagi event organizer, sosialisasi kewajiban royalti, serta peningkatan kapasitas Notaris di bidang kekayaan intelektual guna membangun ekosistem industri musik yang lebih adil, transparan, dan berkelanjutan di Indonesia.

H Muhamad Rezky Pahlawan MP; Baharuddin Riqiey

Journal of Civil Criminal Law 2025 International Forum of Researchers and Lecturers

Background: The rapid development of blockchain technology and smart contracts has fundamentally transformed contractual relationships by shifting the role of human interpretation and enforcement toward automated, code-based, and decentralized systems. This transformation generates complex legal implications, particularly regarding the evolution of contractual liability, which is increasingly distributed and no longer centered on a single legal subject. Objective: This study aims to analyze the evolution of contractual liability in smart agreements and examine how such transformation affects the fundamental principles of traditional contract law within modern legal systems. Methods: This research employs a normative and conceptual legal approach, supported by an analysis of blockchain regulations across multiple jurisdictions, case studies of smart contract implementation, and a comparative legal analysis between civil law and common law systems, complemented by a multidisciplinary literature review. Results: The findings indicate that contractual liability in smart agreements has evolved from a centralized fault-based liability model to an algorithmic, distributed, and code-dependent liability structure within blockchain ecosystems. This evolution creates new legal challenges concerning the attribution of liability, legal certainty, and the limitation of judicial intervention in automated contractual arrangements. Furthermore, the study identifies a tension between technological efficiency and substantive legal justice, highlighting the need for adaptive legal frameworks capable of accommodating decentralized technologies while ensuring the protection of legal rights and accountability of involved parties.

Nur Hayati; Hilyatun Nisak; Siti nur Azizah; M.Misbahussuduri; Firza Agung Prakoso

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Employment agreements are essential legal instruments that regulate the rights and obligations of workers and employers in industrial relations, aiming to ensure legal certainty and balance. In practice, however, the implementation of employment contracts often faces challenges such as differing interpretations, unequal bargaining positions, and inconsistent application of labor regulations. These issues require an effective and constructive dispute resolution mechanism that can address contractual problems while preserving employment relationships. In the Indonesian labor law system, mediation is recognized as a key non-litigation mechanism facilitated by government-appointed mediators to help parties reach mutually acceptable solutions. This study examines the mediation mechanism for resolving employment agreement disputes in Indonesia and analyzes its role as an alternative to court proceedings that emphasizes deliberation, efficiency, and cooperation. Using a normative legal research method with statutory and conceptual approaches, the study analyzes relevant labor laws, mediation regulations, and legal doctrines through a comprehensive literature review. The findings show that mediation is conducted through structured stages, including dispute registration with labor authorities, mediator appointment, facilitated negotiations, and the formulation of agreements or written recommendations. Mediation effectively promotes consensual solutions, reduces procedural complexity, and encourages cooperative communication. It also supports the preservation of harmonious and sustainable employment relationships by prioritizing consensus over adversarial processes. Strengthening mediator competence and improving legal awareness among workers and employers are therefore crucial to optimizing the effectiveness of mediation in resolving employment agreement disputes in Indonesia.

Yoel Adeputra; Muhaen Maya Wulandari; Dwi Imroatus Sholikah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The patent dispute between Apple Inc. and Samsung Electronics Co. Ltd. is one of the largest Intellectual Property Rights (IPR) conflicts in the modern technology industry. This case began in 2007, when Apple launched the first-generation iPhone, revolutionizing the smartphone market with its minimalist design, full-touch screen, and intuitive interface. The success of the iPhone opened new markets and positioned Apple as an innovation leader. Samsung, as the largest electronics manufacturer in Asia, then produced the Android-based Samsung Galaxy smartphone, which quickly became the iPhone's main competitor. This business competition then turned into a legal dispute when Apple considered Samsung's products too similar to its products. This case involves claims of infringement of design patents and utility patents filed in various jurisdictions such as the United States, South Korea, Japan, Germany, and the United Kingdom. This article uses a normative juridical method with a statutory and case approach. The analysis shows that the patent dispute between Apple and Samsung cannot be resolved through a single international forum due to the territorial nature of the patent system. Therefore, litigation takes place in several countries and results in varying decisions.