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Yetti Rochadiningsih; Muhammad Affan Syahrul; Maria Sari Megaputri; Syauqy Ushma Haris

Gemawisata: Jurnal Ilmiah Pariwisata 2024 Sekolah Tinggi Ilmu Ekonomi Pariwisata Indonesia

Borobudur's cultural heritage as a global tourism destination requires innovative strategies in local product development. This research examines the role of Intellectual Property (IP) in the industrial design of Upanat Sandals in increasing the competitiveness of the Borobudur National Tourism Destination (DPN) and its surroundings in the international arena. Through a normative legal research method with a descriptive-analytical approach, the study focuses on analysing industrial design regulations, IP documentation, and in-depth interviews with industry players and tourism stakeholders. Specifically, the research investigates how the Upanat Sandal industrial design can be a strategic instrument in building the identity and competitiveness of tourism destinations. The results revealed that IP protection on Upanat Sandals has the potential to create tourism product differentiation, encourage creative economy innovation, and strengthen Borobudur destination branding at the international level. The findings show that the development and protection of industrial design IP can be an effective strategy in increasing tourist attractiveness, presenting the uniqueness of local culture, and opening up new economic opportunities. However, the research also identified significant challenges, such as low public awareness of the importance of IP protection and the complexity of registration procedures that hinder the development of maximum potential.

Nadia Faizah Putri Devina; Era Titis Cahya Rani; Alanda Aldora Lamandiri

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

Inheritance law in Indonesia has three directions, namely customary law, civil law and Islamic law. This journal article discusses one of the inheritance laws, namely customary inheritance law. The writing of this journal article aims to examine how the protection and process of obtaining inheritance rights for women in Balinese Hindu customary society, which adheres to the patrilineal system. The research method used is a normative legal research method with two approaches, namely a statutory approach and a conceptual approach. Data collection uses doctrinal which is by examining, analyzing and identifying knowledge contained in reading sources in the form of reference books, journals or previous research as research support. Based on the results of the study, it shows that under customary inheritance law, women are generally not entitled to inherit property, but only enjoy the inheritance of parents or husbands. However, they can obtain inheritance rights through grants, marital gifts (jiwa dana), or changing their status to male (sentana rajeg).

Eka Yuni Hartati; Mulya Jayanti Putri; Mardhiyah Hayati

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Integration between Islamic economy and green economy in the context of sustainable development. In this modern era, environmental challenges are increasingly pressing, and a holistic approach is needed to overcome these problems. The concept of maqashid sharia, which includes the protection of religion, life, reason, property and descendants, provides a comprehensive framework for integrating social, economic and environmental aspects in development. Education and environmental awareness based on Islamic values ​​are one of the important pillars in creating a society that cares about the environment. Several mosques in Indonesia have implemented environmentally friendly principles by optimizing the use of renewable energy and managing waste effectively. This shows that religious institutions can play an active role in supporting the green economy. However, there are still many challenges faced in implementing a green economy in Indonesia, including a lack of environmental literacy in society and human exploitation of other humans. Therefore, this paper aims to find strategies and recommendations that can be implemented to integrate Islamic economics within a sustainable development framework, so as to create synergy between economic growth, social welfare and environmental preservation. Therefore, it is hoped that this paper can contribute to the moral and material development of Islamic society and encourage active participation in environmental conservation efforts. Criticism and suggestions from readers are highly welcomed for future improvements.

Kheisa Rahma Adhadina; Muhammad Aldo Savero; Savira Eka Kusumawati; Nanjelina Adinda Fazya

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The rise of trademark and copyright issues in Indonesia is related to the reality of globalization in modern trade, because inventive progress often causes plagiarism difficulties and challenges the legal framework of modern intellectual property rights. In the case of Ruben Onsu and Geprek Bensu, this journal attempts to answer several issues from the problem. The research method used is juridical-normative with a qualitative approach to explore data and analyze related legal norms. This study explores copyright protection in the culinary industry, the tension between name ownership and trademark rights. This journal will focus on the urgency of trademark registration and how to resolve the Geprek Bensu dispute.

Taufiqur Rahman; Holis Holis; Adiyono Adiyono

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this study is to examine the principles of maqashid sharia in the tourism industry of Camplong Beach, Sampang Regency. It is expected that maqashid sharia which has five main objectives, namely protection of religion, soul, mind, descendants, and property, will offer a moral and ethical basis for sharia-based tourism management. Camplong Beach has a lot of potential to uphold the values ​​of maqashid sharia as a developing tourist resort. By using field research techniques, interviews, and documentation, this study takes a qualitative approach. The conclusion of the study shows that a number of maqashid sharia values, including preserving the environment (hifz an-nasl), empowering the local economy (hifz al-mal), and educating and promoting religious values ​​to tourists (hifz ad-dtn), can be used to manage Camplong Beach tourism. Thus, it is expected that the application of the concept of maqashid sharia in tourism management will encourage sustainability and provide a wider positive influence on local residents and tourists. Thus, Camplong Beach can be an example of sharia tourism that is financially successful and in accordance with Islamic law.

Achmad Nur Kholis; Moch. Zeinal Furqon; Ika Tri Nuraini; Sumriyah Sumriyah

Jurnal Pengabdian dan Perubahan Sosial 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to explore the potential of siwalan skewer woven plates as a typical local product of Pragaan Daya Village, Sumenep, and consider the need for Intellectual Property Rights (IPR) protection for these products. The background of this research is the great potential of local handicraft products that have not been fully utilized and legally protected, so that they are at risk of unauthorized reproduction. The formulation of the problems raised includes the potential cultural and economic value of this product, as well as challenges in the IPR registration process. The research uses a qualitative method with a case study approach, involving in-depth interviews and participatory observation to collect data from artisans and local community leaders. The results of the study show that siwalan skewer woven plates have unique raw materials and traditional woven techniques that are inherited from generation to generation. IPR protection is expected to increase product added value, strengthen local identity, and encourage the economic welfare of the Pragaan Daya community. Support from the government is needed to facilitate the IPR registration process and overcome the obstacles faced by the community in understanding the procedures and registration costs.

Moch. Virgi Arivandi; Nadia Dwi Ramadani; Nur Rohma; Rafela Yumaning Putri; Emma Yunika Puspasari

Jurnal Ekonomi dan Pembangunan Indonesia 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The case of alleged violation of company secrets of PT Chiyoda Kogyo Indonesia, involving PT Maruka Indonesia, Hiroo Yoshida, and PT Unique Solutions Indonesia, who allegedly conspired to obtain confidential information in accordance with Article 23 of Law No. 5 Year 1999. This alleged violation caused potential financial losses of up to Rp 63 billion for PT Chiyoda Kogyo Indonesia and threatened its reputation. The protection of company secrets is crucial in maintaining a competitive advantage in an innovation-laden industry. This research explores the legal aspects and business impact of leaking sensitive information, focusing on the Trade Secrets Act (UURD) and the Antimonopoly Act, and its implications for fair business competition. The analysis is conducted through a normative legal approach, assessing the relevance of contract and property rights theories in the context of trade secret protection. In addition, it is recommended that companies implement stricter information security strategies, such as Non-Disclosure Agreement (NDA) contracts and confidentiality agreement renewals, to prevent future leaks.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Aulia Rahmanur Safitri; Muhammad Wahyu Nur Ristianto; Safira Mufida Azmi

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

This study examines the impact of nationality on civil legal status in mixed marriages, particularly in Indonesia and several other countries. Mixed marriages, involving two individuals of different nationalities, often present complex legal issues, especially concerning property ownership, inheritance rights, and the nationality of children. In Indonesia, foreign nationals face various restrictions regarding land and property ownership, and there are temporary provisions for dual nationality for children born from mixed marriages. In a global context, differences between countries following jus soli and jus sanguinis principles also affect the status of children and inheritance rights. This research uses a comparative approach by analyzing civil law regulations in countries such as the United States, the United Kingdom, Japan, and Saudi Arabia. The findings show that Indonesia’s civil law system requires reforms to be more accommodating to the globalization phenomenon and the increasing number of cross-national marriages. Recommendations include harmonizing national regulations with international law, implementing more flexible dual nationality policies, and strengthening protections for the rights of mixed couples in property ownership and inheritance.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azmi Fauziyah; Rizki Anafis; Yusna Kamila Firdausi

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This study explores the comparative analysis of civil rights between citizens and non-citizens, examining various regulations and their implementation in different countries. Citizenship often determines an individual's access to various civil rights, such as property ownership, access to justice, and contract rights. These differences in treatment can create injustices and discrimination against non-citizens. The study employs a normative legal approach with comparative and case study methodologies, focusing on regulations in Indonesia, the United States, Germany, and Japan. The findings reveal that in Indonesia, non-citizens face restrictions on property ownership, while in the United States and Japan, although regulations are more flexible, there are still limitations related to strategic or sensitive properties. In Germany, immigrants and asylum seekers often encounter greater legal barriers to accessing justice. Conversely, in countries like the United Kingdom and the United States, although there are no formal restrictions on contracts for non-citizens, they may face practical difficulties in accessing the necessary services to fulfill contractual obligations. The study recommends the need for more inclusive legal reforms to reduce inequalities and discrimination, and to enhance access to justice and civil rights for non-citizens. Additionally, strengthening legal aid services and international cooperation in civil law are suggested to ensure fair protection of rights for all individuals. The findings contribute significantly to the international civil law literature and provide valuable insights for policymakers in developing more equitable and sustainable policies in the era of globalization.

Agusman Damanik; Zubaidah Zubaidah; Khoirul Anwar; Muhammad Farhan Handoko; Wahyu Ramadhani Rambe +4 more

jurnal Riset Rumpun Agama dan Filsafat 2024 Pusat Riset dan Inovasi Nasional

This study examines the asbab al-nuzul of Q.S. al-Baqarah (2):220 and its relevance to the concept of orphan care in Islamic thought. Employing a library research method with a qualitative-descriptive approach, the study analyzes the Qur’anic text, classical tafsir works (such as al-Tabari, Ibn Kathir, and al-Qurtubi), authoritative asbab al-nuzul sources (al-Waḥidi and al-Suyuti), as well as contemporary scholarly literature and recent journal articles (2020–2024). The findings indicate that Q.S. al-Baqarah (2):220 was revealed as a corrective response to the excessive caution among the Companions following stern warnings against unjust consumption of orphans’ property. The verse emphasizes the principle of islaḥ (reform and welfare) as the primary criterion for interactions with orphans. A thematic reading, complemented by related verses such as Q.S. al-Nisa’ (4):2 and (4):10 and Q.S. al-Duha (93):9, demonstrates that orphan care in Islam integrates legal, ethical, psychological, and social dimensions, prioritizing dignity and social integration over isolation. Contemporary studies further affirm the relevance of this verse to modern child protection principles, particularly the best interest of the child and family-based care models. This study recommends the development of orphan care policies rooted in family and community-based approaches, guided by trustworthiness, transparency, and holistic welfare.  

Logo Igo Karmed; Karina Alifia Maharani; Moh Imam Mahmudin; Restu Teguh Imani; Tsabisa Zaskia Putri Maharani

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

This research is conducted with the aim of analyzing the impact of mixed marriages between Indonesian citizens and foreign nationals according to the provisions of regulations No. 1 of 1974 concerning Marriage and No. 12 of 2006 concerning the Citizenship of the Republic of Indonesia, from the perspective of International Private Law (IPL). Employing normative research methods, this study utilizes legal materials in its examination. The collection of materials involves literature studies.Based on the research, in marriages involving individuals with different citizenships, the applicable laws for them also differ. The Marriage Law does not explicitly regulate the legal consequences arising from mixed marriages. The provisions governing its legal consequences state that the status of children from mixed marriages is regulated according to the acquired citizenship, determining the applicable law.Through the above regulations, certainty is still provided in the protection for women marrying foreign nationals and the children resulting from mixed marriages.

Nuha, Ulin; Faozi, Safik

DINAMIKA HUKUM 2024 Universitas Stikubank

Batik is a work of art that has unique cultural values. The existence of batik can be found at any time in all corners of the city of Pekalongan. Meanwhile, batik production and trading activities are active throughout the day, even late at night. The pulse of people's lives, which is never separated from batik, has given Pekalongan the image of a "batik city". This is quite relevant considering that the people of Pekalongan city cannot be separated from batik, batik has become the economic lifeblood of the people of Pekalongan. Pekalongan batik production is not only sold in the local market but has reached and penetrated the international market. As competition in the international batik industry has arrived, it is fitting for Pekalongan batik to receive legal protection. The legal protection in question is about intellectual property rights, one of which is related to the use of trademark rights. There are two problems in this research, namely how to obtain legal protection for brand rights, logos, batik motifs and models in Pekalongan and how to report criminal acts of misuse or counterfeiting batik logos/brands that have been registered with Intellectual Property Rights. This research was conducted using a normative juridical research model or a normative legal research method. The normative juridical research method is a library-based legal research method. In this research, research will be carried out by analyzing the problems being discussed relating to the regulations on Intellectual Property Rights, specifically Brand Rights. Then the author connects it with legal protection of brand rights for the Batik industry in Pekalongan. Research results Legal protection for copyright of batik motifs generally exists in the 2002 UUHC, as regulated in Article 12 letter i. Based on developments in the 1987 UUHC and 1997 UUHC, batik art that receives copyright protection is non-traditional batik art with the consideration that traditional batik art has become common property (public domain). In the 2002 Copyright Law, both traditional and contemporary batik receive protection. Legal protection for batik motif copyright is obtained automatically without registration. Copyright registration for Pekalongan batik motifs is still rarely done. UUHC 2002 basically protects the artistic work of batik craftsmen without having to register. This creates several problems, namely, new motifs created by batik craftsmen in Pekalongan are marketed, and within three months the printed batik will come out. Regarding this problem, the Pekalongan City and Regency Department of Industry and Trade has not yet taken action because basically most batik motifs in Pekalongan have not been copyrighted. If people want to protest and demand it, it will also cost a lot of money, even though most craftsmen in Pekalongan have little capital. The level of awareness and understanding of the public, especially small and medium industrial entrepreneurs, regarding copyright is still low, so this condition becomes even worse due to the lack of ability to access information, as well as understanding of relevant agency officials regarding the importance of copyright. Keywords: Brand Rights, Legal Protection, Pekalongan Batik

Ruhtiani, Maya; Naili, Yuris Tri

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article focuses on enhancing the understanding and awareness of MSME in the Banyumas region about the critical importance of copyright protection. Additionally, it provides assistance in the copyright registration process to improve the competitiveness of their products. A key challenge for MSME business owners in Banyumas is the lack of intellectual property protection, which makes their innovative products vulnerable to imitation and misuse, diminishing their incentive to innovate further. The methodology adopted for this study includes data collection through observation and document analysis. The findings reveal that the program effectively enhanced the knowledge of MSME business owners regarding copyright protection and the associated registration process. Moreover, the mentoring process encouraged greater participation by MSME business owners in using copyright as a tool for product protection. This initiative not only helps safeguard their intellectual property but also has a positive impact on increasing sales and product competitiveness in the marketplace.

Fadhila Vidianti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State, as the supreme authority over land, water, and outer space, including the natural resources within, holds the highest level of power as an entity representing the entire population. This authority includes the regulation, utilization, use, and maintenance of these resources, as well as defining the legal relationships between individuals and these resources. The primary goal of this authority is to achieve the greatest welfare for the people and to promote justice, well-being, and freedom within a society based on the principles of an independent, sovereign, just, and prosperous Indonesian legal state. In the context of Indonesian agrarian law, land is considered a part of the earth's surface and is governed by Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). Land rights, such as Ownership Rights and Building Use Rights (HGB), play a crucial role in land management and use, including as collateral for credit. Mortgage Rights, regulated by Law No. 4 of 1996, provide security over land and related objects, with the right holder entitled to sell the property through public auction if the debtor fails to meet their obligations. The importance of land registration and ownership rights is regulated by Government Regulation No. 24 of 1997, which ensures legal certainty for land and property owners. Creditors, including banks, play a critical role in the economy by providing credit facilities, where collateral on land and buildings is a key aspect to ensure the security of repayment and the legal validity of transactions. The classification of creditors as separatis, preferen, and konkuren facilitates the execution of mortgage rights in the event of contract breaches, thereby providing the necessary legal protection for lenders.

Yanto Hasyim

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of nikah sirri (unregistered marriage) in Indonesia presents critical challenges in family law, particularly concerning the legal status of children born from such unions. This study examines judicial determinations of child origin by the Religious Courts as a legal mechanism to grant civil legitimacy to children from nikah sirri. Using a normative qualitative approach and analyzing two court decisions (No. 0648/Pdt.P/2018/PA.Lmj and No. 1731/Pdt.P/2022/PA.Jr), the research explores how judges consider the principles of justice, legal certainty, and legal utility through the lens of Gustav Radbruch’s legal philosophy. Findings reveal that judicial reasoning in these cases transcends procedural formalism, reflecting an ethical commitment to the holistic protection of children’s rights. The study applies the Maqasid al-Shari’ah framework to evaluate how such rulings align with the five fundamental objectives of Islamic law (protection of life, lineage, property, intellect, and religion). The legal recognition of a child’s nasab and entitlements is shown to fulfill both statutory requirements and Islamic ethical standards of justice. Thus, this research underscores the need to strengthen the synergy between state law and Islamic moral values, positioning the court not merely as a formal legal apparatus, but as a transformative institution in achieving substantive justice in society.

Ira Nazhifatul Qalbah; Wildan Taufiq; Badruzzaman M Yunus

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2024 CV. ALIM'SPUBLISHING

This study discusses the interpretation of verses of the Qur'an related to the illegal taking of other people's property, especially in the context of the confiscation of corruptor assets, based on the views of Muhammad Quraish Shihab (Tafsir Al-Misbah), Hamka (Tafsir Al-Azhar), Ibn Kathir (Tafsir al-Qur'an al-'Azhim), and Wahbah Zuhaili (Tafsir al-Munir). This study uses a qualitative method with a library research approach to conceptually examine various things that are correlated with corruption from the perspective of the Qur'an. Therefore, this study is a type of qualitative and thematic research through literature review, namely by writing, reducing, and presenting data and analyzing it, as well as the theory of maqashid sharia and jinayah. The results of the study show that the commentators support the confiscation of corruptors' assets as a legitimate action in Islam, by the principles of maqashid al-syariah, especially the protection of property (hifz al-mal). Quraish Shihab emphasizes the importance of asset confiscation to restore justice and protect society. Hamka sees this action as a just punishment that also restores the rights of society. Ibn Kathir emphasizes that corruption must be punished strictly to prevent greater damage. Wahbah Zuhaili emphasizes the authority of the government in upholding justice and preventing injustice, including through the confiscation of illegal assets. This interpretation provides a strong theological basis for the policy of asset confiscation as part of the enforcement of Islamic law, emphasizing that such action is necessary to maintain balance and stability in society.  

Daud Howu-Howu Saro Telaumbanua; I Made Dwi Dimas Mahendrayana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of writing this article is to analyze and understand how the law protects against software copyright infringement so that later we can find out how the law enforcement process works according to positive law in Indonesia. This research uses normative research methods as a reference in analyzing problems based on a statutory approach. The results obtained from this research are that software is a work that is protected by law so that anyone who violates these provisions can be subject to sanctions. Law enforcement proceedings can be filed based on civil proceedings or criminal proceedings and can be carried out in three ways of resolution, namely through alternative settlements, arbitration mediation bodies, or with commercial courts through Intellectual Property Rights.

Alifa Putri Rahmadhani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Protecting the rights and interests of the people has an important role for the government. To prevent the increasing number and development of land conflicts in the community, it is very necessary to make definite resolution efforts, for example to meet the needs of the community which is usually used for residence, livelihoods and daily needs, it is necessary to provide legal protection for land rights, and especially property rights to land which are owned by many people. From the description above, land ownership certificates are very important to maintain, but up to now there are still requests for replacement certificates due to loss and damage, so the author is interested in studying in more depth the responsibility of the West Kotawaringin Regency BPN for issuing replacement certificates. The author uses empirical legal research. The data analysis technique was carried out descriptively, qualitatively, namely by providing presentations and explaining in detail and in depth and for data collection by searching for data and information in relevant locations related to the research topic using interviews, literature studies and the internet.

Rikky Nelson Manurung; I Made Kantikha

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Property business is the activity of buying and selling a plot of land or house involving 2 (two) parties between the seller (business actor) and the buyer (consumer), in its implementation gives birth to legal relationships carried out through agreements. Quality in running a property business, business actors selling their plot of land to consumers are inseparable from the fact that the business actor gets the land previously from the landowner to then sell it to consumers. The method used in this study is Normative Juridical. The legal protection of agreements made by business actors and consumers in the property business is guided by articles 1320 and 1338 of the Civil Code. Breach of promise not to carry out the agreed is a form of default committed by one of the parties to the agreement as regulated by article 1234 of the Civil Code which can be resolved with a "win and win solution" through negotiations so that business actors and consumers are protected. Consumer protection in property business agreements starts from the beginning of the purchase, making the agreement, payment to the sale and purchase deed agreement. Consumers who have signed the agreement means that they have agreed to all the terms and conditions that have been set. All of these agreements, both oral, written, and deed are not authentic. Authentic deeds that are carried out legally, as long as consumers have fulfilled their achievements by making payments in full, not negligently, in accordance with their rights and obligations in Law no. 8 of 1999, consumers are obliged to get legal protection.

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.