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Fachri Hafizd Selian; Muthia Sakti; Iwan Erar Joesoef

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

This study examines the transfer of trademark rights as a means of debt settlement in corporate bankruptcy proceedings, using the bankruptcy case of PT Nyonya Meneer as a case study. The main issue addressed is how trademarks, as intangible intellectual property with high economic value, can be used as debt settlement assets during bankruptcy. This research employs a normative legal method with statutory and conceptual approaches, supported by a review of relevant court decisions. The analysis focuses on the relationship between the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 20 of 2016 on Trademarks. Trademarks may be transferred or sold to fulfill the debtor's obligations. Theoretical foundations include the Creditors’ Bargain Theory (Thomas H. Jackson) and the principle of wealth maximization (Richard A. Posner), emphasizing collective settlement and asset value optimization. The findings reveal that trademark transfer in bankruptcy is not explicitly regulated, creating a legal gap that affects the effectiveness of debt settlement and the protection of creditors’ rights. In the PT Nyonya Meneer case, the trademark despite its potential as a debt settlement instrument was not utilized optimally. Therefore, direct transfer of trademarks to creditors as a form of debt payment can be seen as an alternative solution, provided it is conducted under the principles of justice, legal certainty, and efficiency. This study recommends further regulation on the management and transfer of intellectual property within the bankruptcy regime to address the challenges of modern business practices.

Hidayat, Ridhan; Murtanti Jani Rahayu; Hakimatul Mukaromah

Konstruksi: Publikasi Ilmu Teknik, Perencanaan Tata Ruang dan Teknik Sipil 2025 Asosiasi Riset Ilmu Teknik Indonesia

The increasing number of elderly people in Yogyakarta City demands the provision of an inclusive environment that supports the welfare of the elderly. This study aims to assess the suitability of Yogyakarta City for the concept of an elderly-friendly city based on seven main variables: green open space, public transportation, pedestrian facilities, health services, social support, elderly-friendly intergenerational interactions, and advocacy for the basic rights of the elderly. The research used a quantitative approach with observation and questionnaire methods to elderly people in all sub-districts in Yogyakarta City. The data were analyzed using a Guttman scale to determine the level of suitability of each variable. The results showed that overall Yogyakarta City is classified as “suitable” for the concept of an elderly-friendly city, with a total score of 5.32 out of a maximum scale of 6.80. Four variables meet the suitability criteria, namely public transportation, health services, social support, and intergenerational interaction. Meanwhile, the other three variables are still not fully suitable and require improvement. This study recommends improvements in these three aspects so that the implementation of the concept of an elderly-friendly city in Yogyakarta City can be more optimal and sustainable.

Putri Amanda Adelia; Wira Atman

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human trafficking is the violation of human rights through violence, deception and coercion. Cambodia is one of the countries in Southeast Asia with a high rate of human trafficking. ASEAN then took action by establishing the ASEAN Convention Against Trafficking in Persons Especially Women and Children (ACTIP) as an effort to prevent and protect victims of human trafficking. This study shows that although the ACTIP provides a legal framework, its implementation still faces obstacles, weak institutional capacity, cross-country complexity issues, and lack of collaboration between ASEAN countries. The effectiveness of ACTIP then becomes important in assessing ASEAN's commitment in addressing human trafficking as a whole. Increased coordination between member states, strengthening law enforcement agencies are key in implementing ACTIP in the ASEAN region. 

Fahmi Ihsan Margolang; Dewi Mayaningsih

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the comparative supervision systems of notarial professions in Indonesia and the Netherlands using a normative and comparative legal approach. In Indonesia, notary supervision is centralized under the Ministry of Law and Human Rights through supervisory councils, yet remains weak in terms of independence and transparency. In contrast, the Netherlands adopts a decentralized and independent model through institutions such as the KNB, the Notarial Disciplinary Board, and the BFT, which ensure accountability and public oversight. The findings reveal that the Dutch system is more effective in enforcing professional ethics and preventing conflicts of interest through mandatory reporting and peer evaluations. The study suggests reforming Indonesia’s supervisory framework by strengthening institutional independence, enhancing the role of professional associations, and ensuring greater transparency. This research aims to contribute to the development of a more accountable and integrity-based notarial supervision system in civil law jurisdictions.    

Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

International Journal of Economics, Commerce, and Management 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of legal understanding and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.

Fahmi Ihsan Margolang; Fenny Fenny

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper examines the legal framework and practical implementation of using Intellectual Property Rights (IPRs) as fiduciary collateral in Indonesia. The study identifies existing legal uncertainties and administrative challenges that hinder the optimization of IPRs as collateral objects, such as the absence of technical implementation regulations and limited awareness among stakeholders. Through normative legal analysis supported by empirical evidence, this research explores how the current fiduciary security law can be adapted to better accommodate IPRs, highlighting the potential for IPRs to enhance access to finance, particularly for creative economy actors. The paper also presents solutions, including the need for clear implementing regulations, capacity-building among stakeholders, and stronger coordination among government institutions. Ultimately, the research emphasizes the strategic importance of integrating IPRs into financial mechanisms and proposes actionable steps for regulatory and institutional reform.  

Yasmirah Mandasari Saragih; Zeno Eronu Zalukhu; Angga Sahputra Sirait; Zubaidah Zubaidah; Ansori Maulana

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

Terrorism is considered a crime against humanity and poses a serious threat to the sovereignty of states as it has an international scope and impact. This crime threatens global security and peace and undermines the welfare of society, thus requiring decisive and sustained eradication efforts to protect and respect human rights at large. radicalism reflects an attitude or view that is extreme and seeks social or political change in ways that are controversial or outside the norm. Perpetrators of terrorism often have radical views and choose violent acts as a way to achieve their goals. Prevention of terrorism through deradicalization is a proactive step and requires caution with consideration of the plurality of Indonesian society and the vulnerability of plurality to social conflict.

Nanda Aulia Rahmawati; Fierena Riza Guntari; Fauziyah Almas Janani Widodo

Abstrak : Jurnal Kajian Ilmu seni, Media dan Desain 2025 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

Human Rights are often the main topic of problems in a region, sometimes as a society, Human Rights must always be voiced so that every individual or group gets a decent life and rights. But in some cases, especially in Indonesia, there are many news and problems where the main issue is Human Rights, from the lack of justice and humanity for some groups, in this case there needs to be an important agent for social change and balance in a country. Students who have the predicate as Agents of Change have an important role in society to continue to advocate freedom of expression and opinion. Students have many communities that are active in the field of voicing Human Rights, one of which is the Amnesty community, Amnesty is an international forum or community driven by students and almost every university in Indonesia has such a community. One of the mass media often used by the Amnesty community is Instagram. This platform is currently in demand by many generations, especially the younger generation, especially students. By using Instagram as a platform to voice Human Rights, Amnesty can attract people around and even outside those who cannot be reached to help voice Human Rights for the common good. Human Rights issues are not only within the scope of the University but also in the international realm.

Fitri Natasha Dachi; Urbanisasi Urbanisasi

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

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

Zakiah Reski Maharani Zuhdy

Port Management and Maritime Administration Journal 2025 Indonesian Maritime Researchers and Lecturers

This region faces significant legal and geopolitical challenges due to the maritime conflict in the South China Sea, particularly China's unilateral claims over vast areas based on the Nine-Dash Line. This essay evaluates the direct impact of China's claims on Indonesia's sovereign rights, particularly in the North Natuna Sea, while critically examining the legitimacy of those claims in the context of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It is clear from legal precedents such as the 2016 ruling of the Permanent Court of Arbitration (PCA) that the Nine-Dash Line is baseless under UNCLOS, which rejects historical claims as a legitimate basis for maritime rights. China's claimed maritime borders have included portions of Indonesia's Exclusive Economic Zone (EEZ), which has resulted in frequent incursions by Chinese coast guard and fishing vessels. This has put Indonesia's maritime sovereignty, national security, and marine-based economy at risk. Indonesia has responded with a multi-pronged approach that includes deploying maritime forces to exert sovereignty over the disputed waters, strengthening domestic law in accordance with UNCLOS, and submitting diplomatic protests to the UN. Additionally, Indonesia is still pushing through ASEAN procedures for a regional code of conduct that is legally obligatory. The results highlight the international legal foundation of Indonesia's legal and policy responses and uphold UNCLOS's dominance as the main legal framework for maritime governance and dispute settlement in the Indo-Pacific area.

Andin Egi Lestari; Amelia Puspa Tamara

Jurnal Penelitian Manajemen dan Inovasi Riset 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Passengers or users of air transportation services are increasingly experiencing flight delays and cancellations. Where the Super Air Jet airline experienced damage resulting in flight cancellations, which resulted in passengers experiencing losses in terms of both material and time. This study aims to determine how air transportation is responsible for flight delays and cancellations at the airport. This study uses a qualitative method, where this study is descriptive. Data collection in this study was through interviews, observations and documentations in the field. The results of this study indicate that air transportation is required to provide passengers with rights, namely compensation in accordance with applicable provisions in the form of food and drinks and Rp. 300.000,00 (three hundred thounsand rupiah). However,in practice passenger rights are not in accordance with receiving compensation provided by the airline. This study concludes that there must be supervision, law enforcement and firmness so that passenger rights can be protected and receive optimal justice in the world of aviation.

Muhammad Mujab Nabil; Zahran Qolbi Salim; Amelia Nabila Pramesthi; Ianju Parlindungan Tinambunan

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The National Strategic Projects (PSN) launched by the Indonesian government aim to accelerate development and drive national economic growth. However, in practice, many of these projects overlap with customary territories that lack formal legal certainty. This legal uncertainty gives rise to various problems, such as agrarian conflicts, criminalization of indigenous peoples, and the loss of living space and cultural identity of local communities. This study aims to analyze the forms of legal uncertainty experienced by indigenous peoples in the implementation of PSN and its impact on the protection of their collective rights. Additionally, this study explores the relevance of the principle of legal pluralism as a normative foundation for reforming national development policies to be more inclusive and ensure legal certainty for indigenous peoples. The approach used is normative qualitative with a literature study of regulations, court decisions, and reports from civil society organizations. The results of the analysis show that the legal imbalance between state law and customary law is the root cause of the marginalization of indigenous peoples in large-scale national development projects. The principle of legal pluralism, which recognizes the existence of customary law as a legitimate legal system, can be an alternative approach in formulating future development policies. The application of legal pluralism enables the state to build a development model based on social justice, participation, and respect for legal and cultural diversity. Thus, policy reform based on legal pluralism is an urgent necessity in addressing the challenges of structural justice for indigenous communities amid the tide of national development.

Indra Hendrawan; Dimas Yanuarsyah; Atik Winanti

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the special aspects of Intellectual Property (IP) is Economic Rights, namely the right to obtain economic benefits from intellectual property. The creation of economic value shows that IP is one of the objects of trade that plays an important role in the development of a nation. As part of Intellectual Property, Geographical Indications are a trading tool that can provide benefits for producers, consumers, and the community in identifying products and providing quality assurance, avoiding fraudulent practices, helping the development of local producers, and supporting the preservation of nature and traditional knowledge. To carry out optimal IPR protection, a comparison needs to be made with practices that have been running so far, in this case a comparison will be made with practices in Malaysia. This research method uses a descriptive qualitative approach by collecting data from various sources. This research will use a conceptual/theoretical approach and a comparative approach. This research will determine the country's strategy to protect intellectual property in Indonesia and Malaysia and determine an effective model in protecting Geographical Indications. Thus, this research produces a deep understanding of the protection of Geographical Indications, highlighting the successes and challenges in increasing success related to intellectual property.

Soesi Idayanti; Moh.Taufik; Sugiyanto Sugiyanto; Moh Khamim

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Education is not only about academic knowledge, but also about the overall balance between body and mind. Amidst increasing academic demands and constant social pressures, students’ mental health is a crucial aspect that should not be ignored. Mental health literacy in a legal perspective is the foundation for academic success, healthy social interactions and overall quality of life. In the educational environment, we often talk about achievement, grades and preparation for the future, but we often forget that students’ mental health is an important foundation for achieving such success. Mental health disorders such as anxiety, depression or stress that are not addressed can interfere with concentration in learning, healthy social interactions, and even general physical health. Therefore, it is important for us to start building mental health literacy in a legal perspective among students. By knowing the symptoms that may appear, preventive measures that can be taken and available sources of support, we can help create an inclusive, caring and supportive educational environment for students’ mental well-being. Many countries have specific regulations that cover aspects of mental health literacy in the educational environment, including students’ rights related to access to services and protection from discrimination. Student mental health literacy from a legal perspective involves the application of legal principles in the context of protecting and fulfilling students' rights related to mental health in the educational environment. Mental health literacy from a legal perspective as an integral part of individual well-being is gaining increasing emphasis in the legal realm. Protection of individual mental health does not only rely on medical aspects, but is also closely intertwined with the rights and regulations that accompany it. Education, advocacy, and cross-sector collaboration are key in efforts to improve mental health protection from a legal perspective that includes interrelated social, educational, health, and legal aspects. Through a better understanding of this background, regulations and policies can be developed to better protect and support students' mental health in educational institutions.    

Ahmad Tahsin Thohari; Dimas Yanuarsyah

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The International Mobile Equipment Identity (IMEI) registration policy in Indonesia was officially implemented in 2020 through the Regulation of the Minister of Communication and Information Technology No. 1 of 2020. This policy aims to suppress the circulation of illegal telecommunications devices, increase consumer protection, and support domestic industry. This article analyzes the background, legal framework, and implementation of the IMEI registration policy, with a focus on its effectiveness, legal challenges, and implications for consumer and business rights. The study uses a normative-empirical approach. The results show that this policy provides regulatory and technological benefits, although challenges in cross-agency coordination and personal data protection are still significant.

Ana Maria Marero Meka; Yossie M.Y. Jacob; Helsina Fransiska Pello

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The development of information technology has driven changes in society’s transaction patterns, one of which is online transactions. Although electronic payment systems are increasingly common, the Cash on Delivery (COD) method remains popular due to its perceived safety and practicality. However, this method also raises legal issues, particularly concerning consumer protection and dispute resolution. This study aims to examine online transactions and COD payments based on the Indonesian Civil Code (KUH Perdata), as well as to analyze the dispute resolution procedures that may arise. The research method used is normative legal research with a statutory and conceptual approach. The results show that COD transactions constitute valid agreements if they meet the conditions outlined in Article 1320 of the Civil Code. However, in practice, cases of breach of contract and unlawful acts are still frequently found. Dispute resolution may be pursued through court litigation or alternative dispute resolution (ADR). In conclusion, legal protection for consumers in COD transactions needs to be strengthened through clearer and more specific regulations to ensure consumer rights remain protected.

Febrian Halomoan; Rildo Anuar Sihite; Wahidul Halim; Atik Winanti

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

As an agricultural country, farmers in Indonesia have a crucial role, their existence must be safeguarded within the agricultural sector. Encouraging farmers to engage in breeding or develop new superior plant varieties is essential for fostering independent and advanced Indonesian farmers. These breeding activities are governed by Law Number 22 of 2019 on Sustainable Agricultural Cultivation System, and Law Number 29 of 2000 Plant Variety Protection. However, these laws have led to challenges for farmers involved in breeding, as the Plant Variety Protection Law adopts liberal approach that prioritizes individual economic benefits and specifically protects breeders who have registered their new varieties. As a result, farmers who use traditional knowledge in their breeding practices are vulnerable to criminalization due to the registration system. This paper will examine the rights of farmers in breeding activities under Indonesian law and compare with regulations in Malaysia, which shares geographical proximity, customs, and membership in the World Trade Organization. The research method is normative legal research, utilizing both conceptual and comparative approach. The objective to explore the legal protection of farmers’ rights in breeding activities in both Indonesia and Malaysia, and provide recommendations for improving the protection of farmers' rights in the future.

Maximiliania Krismarmita Brahman; Nabila Sanina Fadhilah; Anita Raharjayanti; Lia Risqi Ananda

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The agrarian dispute that occurred in Pakel Village, Banyuwangi, illustrates the complexity of legal issues and structural inequalities that still linger from the New Order era. Several local farmers were detained on charges of vandalism and incitement, despite the fact that they were defending ancestral land that had been managed for generations against the unilateral claims of a plantation company. This article examines the incident through the lens of agrarian law, land ownership rights, and principles of social justice, while also analyzing the state's role in balancing the rights of indigenous communities and corporate interests. This case study shows that a repressive legal approach actually deepens inequality and hinders the process of agrarian reform. The conflict in Pakel Village is a clear reflection of the state's inability to handle agrarian conflicts fairly and sustainably.

Alfarobbi, Kevin Ariel; Ubaidillah, Lutfian U

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Indonesian criminal justice system upholds the principle of legal certainty to ensure the protection of the rights of all parties involved in legal proceedings. One of the recurring issues is the ambiguity regarding the timeframe for Investigators to submit case files to Public Prosecutors, particularly in minor offense cases. Article 110 of the Indonesian Criminal Procedure Code (KUHAP) merely states the word "immediately" without specifying a definite time limit, creating opportunities for delays without firm legal consequences. This research employs a normative juridical method with a conceptual and evaluative approach to analyze statutory provisions and their practical application in Indonesia. The findings reveal that although ethical and disciplinary sanctions are regulated within internal police regulations, there is no explicit legal norm governing sanctions for Investigators who fail to promptly submit case files. Consequently, it is necessary to revise Article 110 of KUHAP by establishing a clear and binding timeframe, while strengthening both internal and external supervisory mechanisms to uphold legal certainty and enhance the effectiveness of the criminal justice system. Furthermore, public participation through digital media can serve as a form of social control over the negligence of law enforcement officers in Indonesia.

Erni Erni; Tajul Arifin

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of divorce without going through a formal court process, commonly referred to as informal or unregistered divorce, remains prevalent in Indonesian society despite clear regulations outlined in Law Number 1 of 1974 on Marriage. This paper aims to examine the legal dimensions of such practices and explore the social and psychological impacts, particularly on children. Findings indicate that divorces conducted outside the legal framework not only violate national laws but also often result in disadvantages for vulnerable parties, especially women and children. In Islamic teachings, while divorce is permissible, it is considered the most detested lawful act by Allah and should only be pursued after all efforts at reconciliation have failed. National legal provisions echo this perspective by emphasizing mediation and the principle of justice as primary steps in resolving marital disputes. This alignment reflects a harmony between religious norms and state law. Therefore, public awareness of proper legal procedures for divorce needs to be enhanced to protect individual rights and preserve family stability. Strengthening legal education and premarital counseling are effective preventive strategies in this regard.