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Rene Zakharia Pongsilurang; Hono Sejati; Wieke Dewi Suryandari

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The emergence of telemedicine as a digital transformation in the healthcare industry is a remarkable innovation that merges cutting-edge technology with community involvement. The progress has been found to enhance the quality of healthcare services but also poses challenges to ethical values in medicine that must be upheld to safeguard human dignity. Consequently, there is a pressing need to reform laws that can safeguard both healthcare providers and patients. Suggested legal reforms include modifying medical practice regulations to ensure equitable legal protection for doctors and patients during telemedicine consultations and bolstering the use of medical records as evidence in conflict resolution. These measures are aimed at ensuring that technological advancements in healthcare align with the values of Pancasila, which prioritize scientific values, fairness, justice, humanity, and balance, as well as the safety and protection of patients.

Komang Adi Utama Putra

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital age has brought significant changes in the protection of intellectual property rights (IPR), making it increasingly crucial to safeguard works and innovations from easy infringement. This research aims to analyze the civil liability for IPR infringers in the digital era, which involves the application of civil law principles such as the elements of fault, presumption of liability, and absolute liability. IPR regulations in Indonesia have evolved since the Dutch colonial period until now, adjusting to digital dynamics through various new laws and regulations. This research uses normative methods supported by empirical methods to analyze in depth the civil liability for perpetrators of intellectual property rights (IPR) infringement in the digital era. This approach allows researchers to evaluate legal principles and applicable regulations, as well as collect primary data from real cases, such as copyright infringement on online platforms. Analysis of empirical data from infringement cases provides tangible evidence of the application of the law and its impact. Thus, normative methods supported by empirical methods provide not only a strong theoretical foundation but also a practical context for more effective policy recommendations in protecting IPR.The case studies show that copyright owners can file a lawsuit and, if proven, perpetrators can be penalized to pay damages as well as court costs. Registration of IPRs provides legal certainty and strong evidence in court. Therefore, preventive legal protection through strict regulation and repressive legal protection through strict sanctions are essential to enforce IPR and prevent further infringement in the digital age. This study concludes that consistent law enforcement and increasing public awareness of the importance of IPR protection are crucial steps in facing the challenges of the digital era.    

Ida Bagus Nyoman Adhi Wiguna

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses Tokopedia's legal responsibility for each consumer if there is a mismatch between goods in online buying and selling. Even though regulations have been formed regarding the technical implementation of electronic commerce, in fact these regulations still have weaknesses in terms of legal protection because parties in electronic transactions, both sellers and buyers, are often disadvantaged by parties who violate agreements and dispute resolution provided through digital platforms is considered still detrimental to one party. The development of digital platforms has opened the door to economic and creative activities. However, this success also carries the risk of intellectual property infringement. This research will explain the background, provide the legal context, and detail the urgency of this research in the legal context in Indonesia.This research uses empirical research methods, and the approach used is a statutory approach (law) Case approach (Case) which is carried out at the level of horizontal synchronization, which measures the extent of a governing law and case.    

Sheva Anneira Akbar; A. Mulia Rahmadinah Adnan; Fikri Aiman Naufal Azmi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Legal protection of intellectual property rights (IPR) in the digital era is important because of the increasing economic activity and innovation carried out online. The aim of this research is to understand the challenges and solutions in protecting IPR in the digital era and to evaluate the effectiveness of existing legal instruments. The method used is descriptive and qualitative analysis based on the latest literature and legal regulations related to IPR in the digital era. The research results show that the digital era poses new challenges in IPR protection such as copyright infringement, identity theft and content piracy. However, there have been efforts to address these challenges through regulations such as the Copyright Act and the WIPO Convention. However, implementation and enforcement are often hampered by technological complexity and jurisdictional limitations. In conclusion, legal protection of IPR in the digital era requires a holistic approach through collaboration between government, the private sector and civil society. It is important to continue to develop adaptive regulations and strengthen international cooperation in law enforcement to overcome the challenges faced.    

Alvieta Alice Reyhanif; Faiza Nisrina

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

In the ever-evolving digital era, information technology has affected various aspects of life, including law enforcement. One important impact is the use of electronic evidence, including wiretap results, in the criminal justice process. Electronic evidence has a crucial role in detecting and proving various criminal acts such as organized crime, corruption, and terrorism. However, the use of wiretap results as evidence often raises debates regarding its legality and validity, especially in the context of potential violations of human rights such as the right to privacy and freedom of communication. In Indonesia, the legality of electronic evidence is regulated in various laws such as the ITE Law and laws that authorize the KPK to conduct wiretapping. This research aims to analyze the legal position and legality of electronic evidence from wiretapping results in the criminal justice process in Indonesia and its implications for the principles of criminal procedure law. The research method used is normative juridical by conducting a literature study. The results showed that although electronic evidence has been substantially recognized, its regulation in the context of procedural law is still not entirely clear. Therefore, more comprehensive and transparent regulations are needed to ensure the realization of a fair judicial process and the protection of human rights.

Maya Sri Novita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has encouraged the rapid growth of online buying and selling (e-commerce) activities. However, along with the increase in digital transactions, fraud in e-commerce is increasingly prevalent. This research aims to examine the importance of legal protection for victims of fraud in online transactions and examine the effectiveness of applicable laws and regulations in providing justice and legal certainty. The research method used is a normative juridical approach with an analysis of laws and regulations, legal literature, and case studies. The results of the study show that despite the existence of legal instruments such as the Criminal Code, the ITE Law, and the Consumer Protection Law, the implementation of protection for victims still faces various obstacles, such as the difficulty of tracking perpetrators and weak law enforcement. Therefore, it is necessary to strengthen regulations, increase public legal literacy, and optimize the role of law enforcement officials in providing maximum protection to victims of fraud in e-commerce. This research recommends synergy between regulation, technology, and education as an effective legal protection solution in the digital era.

Heriyanto Heriyanto; Yulius Efendi; Teguh Wicaksono

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The protection of heirs' rights to digital assets in Indonesia is becoming increasingly important as digital technology usage grows. Digital assets, including social media accounts, emails, digital files, and cryptocurrencies, present new challenges in inheritance law due to their unique nature. This article discusses how heirs' rights to digital assets can be effectively regulated within the existing legal framework. The main challenges include access and control issues, an incomplete legal framework, and rapid technological advancements. Proposed solutions include updating legal regulations, collaborating with digital service providers, enhancing digital literacy, and developing supportive systems and services. With these measures, it is hoped that heirs' rights to digital assets can be well-protected, providing legal certainty and ensuring that digital assets are not lost or misused.

Ni Luh Putu Sri Laksemi Dharmapadmi; Johannes Ibrahim Kosasih; I Made Arjaya

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the Legal Protection for Cooperative Members in Standard Agreements on Digital Financial Services as well as the Legal Protection provided to Cooperative Members if there are problems with Digital Financial Services. The legal research method used by researchers is normative legal research. Normative legal research uses legal behavioral products, for example reviewing laws. The results of this research show that the legal protection provided to cooperative members regarding standard agreements is preventive legal protection, namely creating regulations in this case standard agreements and repressive legal protection aimed at resolving disputes arising from legal consequences. The legal remedies that can be taken are Litigation and Non-Litigation.

Santiana Siboro; Sri Hadiningrum

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

The development of science and technology has positive and negative impacts on human life. Likewise with cyberspace, one of the advances in technology, of course it is a reality that is faced with a legal metanarrative. Overcoming the ineffectiveness of legal metanarratives in addressing cyber challenges requires an innovative and comprehensive approach. Currently the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0 which has a major impact on industrial life, especially in the form of rapid technological developments. The rapid development of technology has given birth to a new concept of "creative industry" which utilizes human creativity and thinking abilities. Intellectual property rights play a very important role in the creative industry, and the state recognizes the efforts and perseverance of creators/inventors in producing new innovations and minimizing the occurrence of intellectual property rights. Therefore, intellectual property must be protected legally. Violation of rights. However, in reality there are several challenges and difficulties in implementing laws related to intellectual property rights in Indonesia. This journal uses normative research methods based on legal regulations and literature studies, and considers aspects of theoretical, structural and legal explanations. The main problem that occurs in Indonesia is the low level of public awareness and education regarding intellectual property, and this problem can give rise to other problems. Intellectual property protection in Indonesia not only provides peace of mind and legal certainty for creators/inventors, but also has a psychological impact that motivates creators/inventors to continue to innovate. Indonesia will be a country that has great potential to implement Industry 4.0 because of its large workforce. The digital information era not only brings progress to industry, but can also pose challenges to labor laws. The aim of this research is to analyze labor problems due to the absence of regulations that are appropriate to the situation in the Industrial Revolution 4.0 era.

Adena Fitri Puspita Sari; Adi Sulistiyono

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This article aims to find out how copyright law protection can be done against song covers using deepfake voice. This research is a prespective normative legal research. The research approach uses statutory and conceptual approaches using primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials uses literature study techniques. The technique of analyzing legal materials uses syllogism with a deductive mindset. Legal protection of copyright on song covers using deepfake voice uploaded on digital platforms can be done by providing protection of economic rights, moral rights, and sanctions. Therefore, to avoid copyright infringement, the perpetrators of song covers using deepfake voices uploaded on digital platforms need to pay attention to moral rights and economic rights regulated in Article 5 and Article 9 of the HC Law. The government is expected to make new regulations regarding the protection and supervision of deepfake voices in relation to the use of songs as well as adding digital platforms Article 3 paragraph (2) of PP No. 56 of 2021 concerning Management of Royalties for Copyright of Songs and/or Music

Ari Adi saputra; Diki pebri apriyanto; Nur Laela Hildayati

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

The rapid expansion of e-commerce has introduced new complexities in consumer rights and legal protections. This article examines the legal framework for consumer protection in digital transactions, focusing on e-commerce fraud, data privacy, and contract enforcement. Through a comparative analysis, it identifies the strengths and weaknesses of existing regulations and suggests improvements to safeguard consumer rights in the digital age. The findings aim to inform policy development for enhancing consumer confidence and security in online transactions.

Siti laelatul rodiah; Sandra Yuli Trisnawati

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Cryptocurrency has emerged as a disruptive force in the financial sector, presenting new regulatory challenges. This article investigates the current legal landscape surrounding cryptocurrency, addressing issues such as tax compliance, fraud prevention, and investor protection. Through a comparative study, the paper evaluates different regulatory approaches and their effectiveness in achieving financial stability while fostering innovation. The findings offer insights into the balance required between regulation and the growth of digital currencies.

Ario Andika Baskoro; Yudho Taruno Muryanto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the regulations related to the implementation of digital gold investment in Indonesia and to determine the form of legal protection that BAPPEBTI can provide through statutory regulations for digital gold customers. This research is normative legal research that is descriptive in nature. The research approach used is a statutory and conceptual approach. The types and sources of legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is literature study a. The legal material analysis technique used is deductive using the syllogism method. Based on the research results, it was found that the implementation of digital gold investment trading in Indonesia is generally regulated in the Commodity Futures Trading Law, explained in more detail in Minister of Trade Regulation No. 119 of 2018, and the technical provisions are regulated in BAPPEBTI Regulations. The legal protection that BAPPEBTI can provide to digital gold customers includes carrying out supervision and even inspection of companies carrying out digital gold trading activities, then if violations are found by the company concerned, BAPPEBTI can impose administrative or criminal sanctions. However, there is a contradiction in Article 6 letters e and f in the Commodity Futures Trading Law, in letter e it is stated that BAPPEBTI has the authority to carry out inspections of parties who have business permits, individual permits, approvals or registration certificates. However, in letter f it is stated that BAPPEBTI appoints another party to carry out certain inspections in the context of implementing BAPPEBTI's authority as referred to in letter e. This shows that BAPPEBTI as a special institution for futures trading cannot be directly involved in enforcing the futures trading system, which means that BAPPEBTI's role in providing legal protection for digital gold customers is not optimal.    

Dian Utami Amalia; Bagos Budi Mulyana; Fajar Falah Ramadhan; Noerma Kurnia Fajarwati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has had a significant impact on the legal protection of intellectual property in Indonesia. In this digital era, intellectual property, such as copyrights, patents and brands, has become more vulnerable to infringement and misuse. This article reviews Indonesia's efforts to face these challenges by exploring the policies and regulations implemented to strengthen legal protection of intellectual property in the digital era. The Indonesian government has adopted various regulations that accommodate digital dynamics, such as revisions to copyright and patent laws. However, there are still challenges in effective implementation and enforcement of the law. This article also highlights collaboration between government, the private sector, and society in developing innovative solutions to improve intellectual property protection. By reviewing the latest legal and policy developments, this article provides a comprehensive picture of Indonesia's efforts to mitigate risks and increase protection of intellectual property in the digital era. In conclusion, strong and adaptive legal protection is very important to encourage innovation, investment and economic growth amidst the dynamics of the digital era.

Muklisin Muklisin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of information and communication technology in the digital era has introduced both benefits and new challenges, one of which is cyberbullying. This study aims to analyze the application of criminal law in cyberbullying cases in Indonesia, focusing on the limitations and challenges of current regulations. Using a normative juridical method, this research examines relevant laws and court cases to evaluate how criminal law addresses cyberbullying. The findings reveal that, while certain laws provide a legal framework for tackling cyberbullying, they remain insufficient in dealing with the complexities of digital harassment. The study highlights challenges in law enforcement, including difficulties in identifying perpetrators and interpreting the law, and calls for more specific regulations and enhanced training for law enforcement officers. Increased public awareness and preventive measures are also recommended to address the issue effectively. The study's implications suggest the need for legal reform and better cooperation between institutions to improve the protection of cyberbullying victims.    

Adilah Rahman; Esa Nur Hakam; Moch Rifan Juhendi; Farahdinny Siswajanthy

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This paper aims to analyze the role of Bank Indonesia in consumer protection, focusing on the legal framework of Law No. 4 of 2023 on Financial Sector Development and Strengthening. In the context of the changing dynamics of the financial sector, especially in an era that continues to evolve digitally, this research explores the impact and implementation of the regulation on the steps taken by Bank Indonesia in protecting consumer rights in the banking sector. This research uses a normative legal analysis method to identify and evaluate the role of Bank Indonesia in accordance with the provisions of Law No. 4 of 2023. The main focus is on the adjustment and improvement of regulations set by Bank Indonesia, especially Bank Indonesia Regulation Number 3 of 2023 concerning Bank Indonesia Consumer Protection which replaces Bank Indonesia Regulation Number 22/20/PBI/2020.

I Putu Yudha Wira Krisna; Heryanto Amalo; Rudepel Petrus Leo

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The purpose of this research is to understand the substance of the regulation of copyrighted works in Indonesia, especially those related to cover versions and to find out more about the protection and legal remedies for copyright holders of copyrighted works regarding cover versions of songs that are sung again for commercial purposes based on Law Number 28 of 2014 concerning Rights. Create. This type of research is empirical juridical. There are seven factors that cause copyright infringement, namely economic, cultural, technological, law enforcement, education, unemployment and environmental factors. In Article 54 and Article 55 of Law Number 28 of 2014 concerning Copyright. If the violator has been proven to have committed a copyright violation, they can be subject to civil sanctions, namely for anyone who violates copyright regulations, that person can be subject to compensation where the lawsuit can be reported to the Commercial Court and subject to sanctions. Eradicating copyright infringement requires an in-depth understanding of the causes and violations that need to be handled seriously. That intellectual property in copyright protection for musical works on digital platforms should pay attention to statutory regulations regarding copyright protection in Indonesia, namely Law Number 28 of 2014 concerning Copyright.

Joni Laksito; Rengga Kusuma Putra

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Objective: to determine trends in consumer legal protection in the digital economy era from various industries in Indonesia based on article reviews. Method: secondary data in the form of articles that match the research objectives with a publication period of 2014-2023, obtained online from Emerald, Elsevier, and Google Scholar. The analysis was carried out using Systematic Literature Review (SLR), using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) approach. Results: The data search obtained 341 articles, and those that met the inclusion criteria were 9 (nine) articles with publication years 2019–2023 , in the fields of e-commerce, fintech, and online transportation. Article on cases of transactions via e-commerce and online transportation using UUITE No. 19 of 2016, and UUPK no. 8 of 1999. This regulation has not been able to meet increasingly dynamic market conditions and very sharp competition in the business world, so it has not been able to provide legal certainty to consumers. Problems in the fintech P2P lending sector use the legal basis of POJK No. 77 of 2016 concerning Information Technology-Based Money Lending Services. Regarding this regulation, it is still subjective, so it cannot provide protection to customers. In fact, there are still many illegal fintech loans found, thus outside the responsibility and authority of the OJK. Novelty: trends obtained from previous research regarding consumer legal protection. Future Research Agenda: conducting a study on the future of law in the digital economy era regarding obstacles in harmonizing various regulations.

Azrinda Rachmadanty Zahra; Rika Ratna Permata; Tasya Safiranita Ramli

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The development of technology today makes humans coexist with technology. Many human activities can be carried out through the internet network. One of them is the presence of the metaverse which is a technology that contains virtual interactions, digital objects, and decentralized humans from various platforms. Metaverse is used by many people as a medium for buying and selling transactions. Metaverse users generally sell their products in the form of NFTs. Various well-known brands have started promoting their products through the metaverse. The emergence of well-known brands in the metaverse is an opportunity for irresponsible parties to infringe brand rights. As was the case in Ryder Ripps v. Yuga Labs. Pollution, imitation, obscuration, and so forth of well-known trademarks are carried out by irresponsible parties. One of them is the doctrine of Trademark Dilution. Trademark dilution is the unauthorized use by other parties that can weaken the quality or characteristics of a trademark. This makes the question of how the protection of trademarks in the virtual space of the metaverse and what legal action can be taken when there is a violation of trademark rights. Not many countries have regulated the protection of digital trademarks specifically against trademark dilution, as well as Indonesia. This research will be conducted using a non-native juridical approach method with legal sources in the form of laws and regulations, international agreements, theories, and legal rules. The focus of this research is how metaverse with the platform in it can protect the trademark with the terms and conditions agreement of account users in the platform. The result of this research is that brands can be protected against infringement of rights to the brand as well as brand dilution by referring to the terms and conditions of account users listed in the platform. In addition, the legal action that can be taken is to file a lawsuit as determined by the platform and the removal of related content.

hisbulloh, moh hamzah

DINAMIKA HUKUM 2022 Universitas Stikubank

Abstrack: The rapid development of technology affects various aspects of life, one of the effects of technological developments is felt in the process of data management systems which are almost entirely digital-based, this affects the availability of data recorded in digital form which is very abundant, resulting in the creation of a digital system known as Big Data. On the other hand, the rapid development of technology creates new problems, problems that often arise in the current era regarding the protection of personal data. Regulations related to the protection of personal data, both in government and private institutions, have been regulated in several laws and regulations, but in their implementation the rules governing personal data protection are not sufficient to provide protection for personal data collected in Big Data, both in government institutions and private. Therefore, this study analyzes the alignment of the use of Big Data technology with public or consumer privacy regarding the protection of personal data. The research method uses a literature review with a conceptual-analytic approach. The data used are various journals related to the topic the author is studying, related laws and regulations and several news sources from print and electronic media. The use of big data must be balanced with strong protections related to personal data protection, in practice in Indonesia the lack of legal rules related to personal data protection has resulted in many cases of data leakage.