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Muhammad Citra Ramadhan; Fitri Yanni Dewi Siregar

JURNAL PENGABDIAN MASYARAKAT AKADEMISI (JPMA), 2026 CV. ALIM'SPUBLISHING

Intellectual property (IP) protection in higher education institutions has largely been viewed as an administrative requirement focused on documentation and registration volume. This creates a paradox, as increasing research outputs are not matched by adequate legal protection, innovation downstreaming, and societal utilization of research results. Therefore, a reorientation is needed to position IP protection as a strategic instrument for building a fair innovation ecosystem. This community engagement program was conducted in LLDIKTI Region I institutions through presentations, discussions, and strengthening IP center capacity. Activities focused on mapping IP systems, identifying management challenges, and reinforcing a paradigm oriented toward innovation downstreaming and public benefit. Results show improved participant understanding of shifting IP protection from an administrative to a strategic approach. IP is increasingly recognized as a tool for innovation, technology transfer, and institutional competitiveness. This reorientation emphasizes inventor rights protection, fair benefit distribution, and broader public access to innovation within a sustainable and equitable ecosystem.

Kearen Elvira Naftali; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This practice is essentially based on clauses in employment contracts intended to prevent employees from resigning before the contract term expires. However, from a legal perspective, this practice raises challenges regarding the validity of employment contracts and the legal protections afforded to employees. The objective of this study is to evaluate the validity of the diploma retention practice through the lens of labor law and civil law, as well as to explore the types of legal protections that may be available to employees. The research methodology employed is a normative legal approach, utilizing a legal and conceptual framework, and supported by a literature review of primary and secondary legal sources. This analysis emphasizes the principles of contract law, labor protection principles, and relevant human rights standards. The research findings indicate that the practice of withholding diplomas lacks a clear legal basis under Indonesian law and potentially violates the criteria for the validity of contracts, particularly regarding the abuse of circumstances (misbruik van omstandigheden). Furthermore, this practice can be categorized as an illegal act because it infringes upon workers’ property rights and their freedom to seek employment. Legal protection for workers can be facilitated through preventive strategies, such as strengthening labor regulations and oversight, as well as through enforcement actions, including civil litigation and the resolution of industrial disputes.

Ni Putu Ayu Oka Pradnyani

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Copyright is an exclusive right granted to creators to protect their intellectual works. The importance of copyright protection has increased with advances in digital technology and the widespread use of social media as a means of content distribution. Digital platforms such as YouTube, Instagram, TikTok, and various other streaming services facilitate the distribution of digital works, but also give rise to problems such as piracy and the use of works without the permission of the copyright owner. This digital piracy can result in economic and moral losses for creators. This study aims to analyze the application of copyright in the context of social media and examine the legal regulations governing copyright protection to address digital piracy in Indonesia. The method used in this study is a normative legal research method with a statutory and conceptual approach. The results show that legal protection for digital works is regulated by Law Number 28 of 2014 concerning Copyright and is strengthened by Law Number 1 of 2024 concerning Electronic Information and Transactions. These two regulations provide a legal basis for protecting the moral and economic rights of creators and authorize the government to block access to content that infringes copyright. These regulations are expected to reduce digital piracy and create a digital ecosystem that respects intellectual property rights.

Thurfah Bilqis Sa’iidah; Ria Anggraini; Muhamad Wildan Alfarezi; Rizha Claudilla Putri

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Protecting the rights of children in inheritance cases is very important in Indonesian civil law. It involves things like legal ability, who takes care of the child, and making sure the child's rights are properly respected and met. This study looks into how the law protects young people in fights over inheritance, including how guardians are used, any problems where someone might benefit unfairly, and how judges should make sure the child's best interests are always considered. The study uses a normative legal approach, looking at laws and ideas by checking related civil law rules and child protection guidelines. The study shows that children cannot make their own legal decisions in court and need their parents or guardians to act on their behalf. But in real situations, there can be problems where the parents' interests might conflict with what's best for the child, which could affect the child's right to inherit property. Judges are important in checking if the guardian has the right to be in the case and making sure the claim doesn't harm the child. Legal protection in inheritance matters needs to be both official, by having proper representatives, and real, by ensuring fair treatment, clear laws, and special care for children's rights as legal beings who need extra protection.

Taufik Nurmandia; Risnita Risnita; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of the Jambi Regional Police in enforcing criminal law in the digital era, particularly in addressing online gambling offences, from the perspective of Islamic law. The rapid development of information technology has transformed crime from physical spaces into cyberspace, characterised by anonymity, speed, and transnational reach, thereby requiring adaptive law enforcement strategies. This research adopts a qualitative juridical-empirical approach. Data were collected through in-depth interviews with law enforcement officers at the Jambi Regional Police, analysis of case documents, and examination of relevant legal frameworks, particularly Indonesia’s Electronic Information and Transactions Law (ITE Law). The findings reveal that the Jambi Regional Police have implemented several strategic measures in combating digital crimes, including cyber patrols, digital forensic investigations, seizure of electronic evidence, and inter-agency coordination. Nevertheless, the effectiveness of law enforcement remains constrained by technological limitations, complex digital evidence requirements, the transnational nature of cybercrime, and limited public digital legal awareness. From an Islamic law perspective, police actions against online gambling align with the objectives of maqāṣid al-sharī‘ah, particularly the protection of religion (ḥifẓ al-dīn), property (ḥifẓ al-māl), and intellect (ḥifẓ al-‘aql). This study concludes that while digital criminal law enforcement by the Jambi Regional Police is fundamentally appropriate, it requires strengthened institutional capacity, integration of Islamic legal values, and adaptive policy reforms to enhance effectiveness and substantive justice.

Alex Suhartanto; Weppy Susetiyo; M. Taufan Perdana Putra

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

This study examines the juridical aspects of guardianship applications by parents to obtain permission to sell a minor’s inherited land and analyzes the judicial considerations in Decision Number 199/Pdt.P/2025/PN Blt. The research employs an empirical juridical method with a sociological legal approach. Primary data were collected through interviews and case documents at the Blitar District Court, while secondary data consist of statutes, doctrine, and related literature. Qualitative-descriptive analysis was applied to interpret the findings. The study reveals that the guardianship application process involves both administrative and judicial stages. Judges scrutinize material evidence and the probity of sale objectives, weighing important principles such as utility, legal certainty, fairness, and justice. Guardians are granted limited authority to sell a minor’s property only if it can be proven to be in the child's best interest and legal protections are assured. Recommendations include strengthening post-decision monitoring, enhancing legal outreach, improving procedural transparency, and ensuring comprehensive implementation.

Dendy Krisandi; Abdul Halim; Hardi Muhar Sungguh

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines Islamic legal protection for victims of social engineering crimes within the context of cybercrime. Social engineering is a form of digital crime that exploits psychological manipulation and trust to obtain personal data, system access, or financial benefits. Such crimes cause not only material losses but also immaterial harm, including psychological trauma, violations of privacy, dignity, and personal security. However, positive legal frameworks tend to prioritize offender punishment, while victim protection and recovery remain insufficiently addressed. This study adopts a qualitative approach with a normative-juridical research design, complemented by limited empirical insights. Data were collected through library research on Islamic legal sources—namely the Qur’an, Hadith, and fiqh jināyah—alongside statutory regulations on cybercrime and selected interviews with legal scholars and practitioners. The analysis employs a descriptive-analytical method grounded in the maqāṣid al-sharī‘ah framework, particularly the principles of ḥifẓ al-māl (protection of property), ḥifẓ al-‘irḍ (protection of dignity), and ḥifẓ al-nafs (protection of life and psychological security). The findings demonstrate that Islamic law provides a robust normative foundation for protecting victims of social engineering crimes. Such protection extends beyond retributive punishment through ta‘zīr and emphasizes restorative justice by prioritizing victims’ rights restoration, offender accountability, and public welfare. Islamic law is both adaptive and relevant in addressing contemporary cybercrime challenges and may serve as a humanistic, just, and responsive model for victim protection in the digital era.

Bakti Prasetyo; Zaenal Mahmudi; Mustafa Lutfi

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

A traffic accident is a social risk event that causes serious losses, either in the form of injury, loss of property, or death of a family member. The State provides protection through the Road Traffic Accident Fund as stipulated in Law Number 34 of 1964 and Government Regulation Number 18 of 1965. However, in practice, the regulation of the status of victims and the coverage of the heirs of the beneficiaries still raises juridical and social problems because they do not fully reflect substantive justice. This study aims to analyze the concept of victims and heirs in the applicable Road Traffic Accident Fund regulations, as well as formulate a more equitable reconstruction of the regulation. This research is normative legal research with a legislative, conceptual, and comparative approach. Analysis is carried out on positive legal norms and social realities that develop in society. The results of the study show that the definition of victim and the limitation of the coverage of heirs in the current positive law are narrow and administrative, so they are less responsive to the complexity of social relations and the economic dependence of the families of traffic accident victims. The mismatch between normative boundaries and social realities has implications for the non-achievement of the goals of social protection and substantive justice. Therefore, this study offers a reconstruction of the interpretation of the concept of victims and an expansion of the coverage of heirs that is more responsive, inclusive, and oriented towards social protection.

Putu Tirta Megawati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the integration of Intellectual Property Rights (IPR) into Corporate Social Responsibility (CSR) as a strategic legal instrument to support the development of the creative economy in Indonesia. The creative economy has become one of the main drivers of national economic growth; however, its development is often constrained by weak legal protection of intellectual property, particularly among micro, small, and medium enterprises. This research employs normative legal research using statutory and conceptual approaches. The findings indicate that the integration of IPR into CSR programs plays a significant role in enhancing legal awareness, strengthening protection of creative works, and promoting sustainable economic empowerment for communities. CSR-based IPR protection not only benefits right holders but also contributes to inclusive development and corporate sustainability. Therefore, strengthening CSR policies oriented toward IPR protection is essential to ensure balanced economic growth and legal certainty in the creative economy sector.

Ni Ketut Ayu Diah Sapitri

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Trademarks not only serve as product identities but also represent the reputation and trust built by a company over the long term. In increasingly fierce global competition, legal protection for brands, especially well-known brands, is crucial. This study examines the legal implications of alleged trademark infringement by the Louis Vuitton Dak restaurant in Korea, which resembles the luxury brand Louis Vuitton. The purpose of the study is to analyze the application of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and to assess the effectiveness of law enforcement against such violations. The method used is normative juridical with a statutory and conceptual approach. The analysis focuses on similarities in principle, the element of bad faith in trademark registration, and violations of exclusive rights to well-known brands. The results of the study indicate that although regulations have provided protection, law enforcement in practice still faces various obstacles and has not fully created a deterrent effect.

Ido Pranata Nainggolan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Micro, Small and Medium Enterprises (MSMEs) play a strategic role in the Indonesian economy, but still face significant obstacles in intellectual property rights protection, particularly patents and trademarks. This study aims to analyse the legal aspects of patent and trademark registration for MSMEs based on the Indonesian legal framework, with a focus on the implementation of Law No. 28 of 2014 on Copyright and related intellectual property regulations. The research method uses a normative legal approach with a literature analysis of legislation, scientific journals, and the latest statistical data. The results of the study show that the level of patent and trademark registration by MSMEs in Indonesia is still very low, with only 2.3% of MSMEs having registered their trademarks in 2023. The main obstacles include limited legal understanding, high registration costs, complex administrative procedures, and a lack of socialisation. This study recommends simplifying regulations, subsidising registration costs, improving legal education, and strengthening synergy between the government, academics, and MSME actors to improve the protection of intellectual property rights in the MSME sector in Indonesia.

Bintang Ulya Kharisma

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.

Novita Wulan Sari; Ernu Widodo; Sri Sukma Damayanti

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

Yovita Eka wulandari; Shelvi Amalia Putri; Rizki Silvia; Iqbal Syarifudin; Firza Agung Prakoso

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the responses and levels of understanding of eleventh-grade students at SMA Negeri 4 Pasuruan City regarding trademark disputes, particularly the “Geprek Bensu” case. The research employs a descriptive quantitative approach, with data collected through questionnaires distributed to students as respondents. The questionnaire was designed to describe students’ understanding of the concept of trademarks, the benefits of trademark registration, and their views on the causes of trademark disputes. The results indicate that most students are familiar with the “Geprek Bensu” case and understand trademarks as a business identity and a means of product differentiation. The majority of respondents are also aware that trademark registration provides legal protection and exclusive rights to the trademark owner. However, students’ understanding of trademark law remains varied, as some respondents still associate trademark ownership with popularity alone. In addition, students demonstrate a positive attitude toward the importance of intellectual property education from an early stage through formal education. These findings emphasize the need to strengthen Intellectual Property Rights literacy at the secondary school level in order to enhance legal awareness and prevent trademark disputes in the future.  

Triwanto Triwanto; Puspaningrum Puspaningrum; Dita Permata Sari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.

Ahnaf Nur Fauzan Romadhon; Ai Nazwa Nurbayati; Darmana Aries Setiawan; Farrel Ar Rasyid; Enjang Rohiman

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has driven the advancement of the gaming industry in Indonesia, including the emergence of local games such as DreadOut by Digital Happiness, which has gained international recognition. However, this success is accompanied by serious challenges in the form of piracy through illegal websites that harm copyright holders. This study aims to analyze the legal protection of the game DreadOut against piracy practices based on Law Number 28 of 2014 concerning Copyright. The method used is a normative juridical approach through statutory analysis and literature study. The findings show that DreadOut is a copyrighted work categorized as a video game and is legally protected. Nevertheless, law enforcement against piracy still faces various obstacles, such as the complaint-based offense system, low public awareness, and the ease of access to piracy sites. Therefore, stronger inter-agency cooperation, policy reforms to shift complaint-based offenses into ordinary offenses, and public education to increase respect for intellectual property rights are needed. Effective legal protection will support the growth of the local gaming industry and ensure the sustainability of Indonesian creative works in the digital era.

Risky Risky; Isnina Isnina; Tengku Erwinsyahbana

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

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun

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

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar

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

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

I Dewa Made Satya Dwisadewa; Dewa Ayu Putri Sukadana; I Gede Agus Kurniawan; Ni Putu Sawitri Nandari

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

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.