Publication Search

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

A comparison between classical and contemporary interpretations regarding the law of theft contained in Surah Al-Mā’idah verse 38, which stipulates the punishment of hand amputation for theft. This verse has long been the basis of Islamic jurisprudence, but its interpretation has evolved over time. The method used is qualitative with a literature study approach, which examines classical sources of interpretation such as Tafsīr al-Qurṭubī and contemporary interpretations such as al-Mishbāḥ. The research findings show that classical interpretations view this verse textually and normatively, with a focus on the application of hudud law as a form of justice and protection of property rights, as well as the imposition of strict conditions to avoid misuse. Meanwhile, contemporary interpretations view this verse contextually and humanistically, paying attention to social, economic, and humanitarian conditions. The punishment of hand amputation is understood not only as physical punishment, but also as a tool for moral education, crime prevention, and protection of community welfare. Although both share the same goal of upholding justice and safeguarding the welfare of the people, contemporary interpretations emphasize a more flexible application of law to align with the values ​​of social justice in the modern era. Thus, this study emphasizes the importance of contextualizing the understanding of Islamic law without neglecting the principles of sharia, which balance justice, humanity, and the welfare of the people.

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.

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.

Marriage agreements frequently give rise to juridical issues when intersecting with inheritance law, particularly within the context of second marriages. This study is based on an inheritance dispute examined in the Palangka Raya District Court Decision Number 21/Pdt.G/2022/PN.Plk, wherein the second wife argued the existence of a marriage agreement to annul the inheritance rights of children from the previous marriage. Using a normative juridical method with statutory and case approaches, this research evaluates the agreement’s validity against formal registration requirements and freedom of contract limitations. The findings indicate that the marriage agreement invoked by the defendant was declared invalid and lacked binding legal force due to noncompliance with the formal registration requirements under Article 29 of the Marriage Law and the inclusion of clauses contrary to inheritance provisions in the Civil Code, particularly concerning the rights of children as lawful heirs. Consequently, the disputed property was classified as marital property to be distributed among all heirs in accordance with applicable law. This study affirms that freedom of contract in marriage agreements is limited and cannot override legal protection of legitimate heirs.

Micro, Small, and Medium Enterprises (MSMEs) in Indonesia often face challenges in protecting their Intellectual Property Rights (IPR), particularly due to limited understanding of trademark, copyright, and product design registration. This lack of legal awareness reduces competitiveness and increases the risk of ownership disputes. This Community Service Program aimed to enhance the legal knowledge and awareness of MSMEs regarding IPR through an interactive counseling activity in Bacang Subdistrict, Pangkal Pinang City. The method included material presentation, interactive discussions, IPR registration simulations, and evaluation using pre-test and post-test. The activity was attended by 25 participants from various business sectors. The results showed a significant improvement in participants’ understanding, as evidenced by the average pre-test score of 43.08 increasing to 77.08 in the post-test, representing a 79% improvement. Beyond knowledge enhancement, participants also demonstrated a shift in mindset, with the majority expressing a commitment to initiate IPR registration steps. These findings confirm that practice-based counseling combined with interactive discussions is effective in increasing MSME legal awareness and supporting the protection of intellectual assets through IPR mechanisms

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.

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.

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.  

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.

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Copyright protection is a crucial aspect in providing legal recognition and guarantees for intellectual property. However, understanding of copyright among educators and students remains limited, potentially leading to violations and a lack of appreciation for copyrighted works. This situation highlights the urgent need for comprehensive education in educational settings, particularly at MA Tijarotal Lantabur. This community service activity aims to improve teachers' and students' understanding of the concept of copyright, the benefits of registration, administrative procedures, and the legal protection provided by the state. Furthermore, this activity is expected to foster awareness of respect for intellectual property and encourage independent copyright registration initiatives. The methods used were interactive lectures, group discussions, and online copyright registration simulations through the Directorate General of Intellectual Property (DJKI) system. The material was delivered in simple and applicable language to ensure participants' understanding. Evaluation was conducted by comparing participants' understanding before and after the activity. The results of the activity showed a significant increase in participants' understanding of copyright concepts and procedures. Participants not only understood the benefits of legal protection for intellectual property but were also able to practice the registration steps independently. Furthermore, a collective awareness emerged to disseminate the acquired knowledge to colleagues and the school environment. Overall, this activity succeeded in increasing legal literacy regarding copyright among teachers and students, and is expected to be able to form a culture of respect for intellectual works while minimizing copyright violations in the educational environment.

Free trade provides significant opportunities for developing countries to increase exports, expand market access, and drive economic growth. Through engagement in global markets, products and services can reach a wider range of consumers, creating the potential for increased national income. However, global economic integration also presents serious challenges, particularly in terms of the protection of Intellectual Property Rights (IPR). As national boundaries in economic activity become increasingly blurred, intellectual property—including patents, trademarks, industrial designs, copyrights, and trade secrets—becomes increasingly vulnerable to infringement. Common forms of infringement include piracy, counterfeiting of branded products, and theft of technology or innovation. These practices not only harm creators or rights owners but can also hinder the development of innovation, reduce industrial competitiveness, and undermine consumer confidence. Adequate IPR protection requires a combination of strong national regulations and an effective international legal framework. Instruments such as the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement under the WTO provide global standards to which compliance must be adhered, but implementation at the national level is crucial for their success. Weak or inconsistent law enforcement can open the door to violations that harm both domestic and foreign businesses. Beyond legal aspects, effective IPR protection also impacts the investment climate. Investors tend to invest in countries that can guarantee the security of their intellectual assets. Therefore, IPR protection is not only a legal issue but also a long-term economic development strategy. Therefore, in the era of free trade, developing countries need to balance market openness with strengthening IPR protection systems to create a conducive environment for innovation, sustainable economic growth, and public welfare.

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.

A child who becomes a victim of a criminal act, often referred to as a child victim, is one who experiences physical, psychological suffering, and/or loss of property due to a criminal act. In the case of children who are victims of sexual violence, it is not limited to physically healthy children, but also includes children with disabilities, whether physical, mental, or intellectual. These child victims have the right to restitution, which is a form of compensation for the harm and losses they have suffered. This study aims to identify the challenges faced by child victims of sexual violence and explain how the restitution process can be implemented within the context of Indonesian law. The author applies a normative research method and gathers data through literature review. The data obtained comes from legal regulations, court rulings, books, and relevant internet sources. The findings of this study indicate that restitution is a right granted to victims as a form of accountability from the perpetrator for their actions. Restitution aims to provide compensation for the victim’s suffering and loss, both materially and psychologically. However, several obstacles to fulfilling the right to restitution for child victims were identified. One of the main obstacles is the lack of understanding from the victim's family regarding the importance of restitution. Often, the victim’s family is unaware that they have the right to request restitution as part of the legal process. Additionally, inadequate cooperation between law enforcement and related institutions is another barrier to fulfilling the right to restitution. The lack of coordination between agencies in handling child sexual violence cases leads to delays in the restitution process. Therefore, it is crucial to raise awareness among the families of victims and improve cooperation between law enforcement, child protection agencies, and other related parties to ensure that the right to restitution is properly fulfilled.

The palm oil industry is a vital component of Indonesia's economy, significantly contributing to foreign exchange earnings and employment opportunities, particularly in rural and plantation-based regions where economic alternatives are limited. However, the sector is increasingly challenged by global sustainability concerns, particularly the European Union Deforestation Regulation (EUDR), which poses a threat to Indonesia’s palm oil exports due to its strict environmental standards and traceability requirements. This study adopts a descriptive qualitative approach using a literature review to explore the role of innovation and legal protection in strengthening the sustainability and global competitiveness of Indonesia’s palm oil industry. Specifically, it investigates how the development of superior plant varieties and the application of Plant Variety Protection (PVP) under the Intellectual Property Rights (IPR) framework contribute to long-term industry resilience. The findings indicate that superior varieties such as DxP Topaz, DxP PTPN V, and Lonsum DxP have been instrumental in boosting productivity, reducing the need for land expansion, enhancing oil yield per hectare, and improving overall resource efficiency. Moreover, legal protection through PVP not only secures exclusive rights for breeders but also incentivizes further agricultural innovation and prevents the unauthorized use and duplication of valuable genetic resources. In light of international regulatory pressures, strengthening the national PVP system, promoting the registration of local superior varieties, and integrating legal instruments with research and development are essential. These efforts can safeguard Indonesia’s genetic sovereignty and support sustainable practices in compliance with international environmental standards. Ultimately, aligning agricultural innovation with a robust legal framework is key to maintaining the industry’s market access, environmental credibility, and long-term sustainability.

This study aims to determine the implementation of plant variety protection in Australia. This article will discuss how Australia implements the TRIPs Agreement to provide protection for all technologies, products, pharmaceuticals, plants, and microorganisms that can be patented through Plant Breeder's Rights (PBR). There are three types of intellectual property obtained in the context of plant varieties, namely patent rights, trademark rights, and plant breeding rights. The purpose of protection through PBR is to encourage innovation in plant breeding by granting limited exclusive rights to control its exploitation and prevent unauthorized parties from illegally exploiting the rights of breeders. The research method used in this study is normative law research, employing a statutory approach and an analytical approach.

Trade Secrets are a form of Intellectual Property that provide protection for confidential information owned by a legal subject. While Trade Secret protection offers benefits for individuals in running a business, it can also be misused to conceal legal violations. This research aims to identify how Trade Secret regulations in Indonesia provide protection for individuals who disclose Trade Secrets in the public interest, as well as to examine the urgency of such regulation by comparing the provisions of the Indonesian Trade Secret Law with Directive (EU) 2016/943. This study employs a normative juridical method with a comparative approach. The researcher conducts a literature study by comparing the Indonesian Trade Secret Law with Directive (EU) 2016/943 and relevant legal theories. The results show that the current regulation of whistleblowing on Trade Secrets for the public interest in Indonesian positive law remains very limited. There is an urgent need to expand protection for individuals who disclose Trade Secrets in the public interest. Indonesia may use Directive (EU) 2016/943 as a reference to broaden the provisions of its Trade Secret Law, in order to ensure the protection of public interest without disregarding the rights of Trade Secret holders.

Article 19 paragraph (1) of Law Number 5 of 1960 concerning Basic Agrarian Principles "To ensure legal certainty by the government, land registration is carried out throughout the territory of the Republic of Indonesia according to the provisions regulated by government regulations". In fact, there are still many waqf lands that have not been registered with the National Land Agency (BPN), causing weak protection and legal certainty for waqf lands in Indonesia. This research uses normative juridical methods with regulatory and conceptual approaches. The results show that waqf land that is not registered with the national land agency has a weak position before the law, although religiously the waqf land that has been pledged is valid in sharia, but without official administration at the national land agency, the legal protection of waqf land is weak. The legal consequences of waqf land that is not registered with the national land office make the status of the waqf land still the previous property, because land registration is an administrative obligation that must be fulfilled to obtain legal certainty that is recognised in positive law by being registered with the National Land Agency. By not registering with the National Land Agency in accordance with the provisions of the law, the status of waqf land has not been registered as waqf asset land. It is recommended that the National Land Agency continue to socialise the importance of waqf land certificates and cooperate with the Indonesian Waqf Board and the Religious Affairs Office in its registration. It is also suggested that a regulation be made requiring nadhirs to report on waqf practices in the village every six months to record unregistered waqf land.

Traditional Cultural Expressions (TREs) are an important part of national identity and intangible cultural heritage that live in indigenous communities in Indonesia. In the midst of globalization and increasing cultural claims by other countries, the urgency of legal protection for TREs is becoming increasingly relevant and strategic. This article aims to examine the effectiveness of legal protection for TREs in Indonesia and to formulate strategies for strengthening protection at the national and international levels. This study uses a juridical-normative approach with literature study techniques and qualitative analysis of laws and regulations, international conventions, and case studies such as Reog Ponorogo and batik. The results of the study indicate that existing legal protection is still limited and has not been able to answer the complexity of cultural claim problems. Harmonization of national law with international standards and collaboration between parties are needed to strengthen Indonesia's legal position in protecting TREs. This study contributes to the development of more responsive and sustainable cultural policies.