Putu Ayu Sriasih Wesna
Departement of Law, Pascasarjana, Warmadewa University, Denpasar, Indonesia

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Copyright Protection Of Wayang Kulit Digital Transformation Ketut Sudadnyana; Putu Ayu Sriasih Wesna; I Wayan Rideng
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1864

Abstract

This study investigates copyright protection in the digital transformation of Wayang Kulit as a traditional cultural expression within the Indonesian legal system. It specifically addresses the normative ambiguity surrounding the recognition of transformed works under Article 40(1)(n) of the Copyright Law. Employing a normative legal research design with statutory and conceptual approaches, the study critically examines whether digital reinterpretations such as animation, digital illustration, and interactive media, qualify as independently protected works. The analysis demonstrates that, although the law formally acknowledges transformative creations, it fails to provide clear criteria regarding the threshold of originality and the extent of permissible modification. This regulatory gap generates legal uncertainty in determining authorship, ownership, and the scope of protection, particularly when communal cultural elements intersect with individual creativity. The novelty of this research lies in its focused examination of Wayang Kulit as an intangible cultural heritage undergoing digital recontextualization, integrating doctrinal legal analysis with cultural considerations. The findings suggest that without clearer interpretative guidance and regulatory refinement, copyright law risks inadequately protecting both traditional cultural values and contemporary creative contributions. Accordingly, this study concludes that a more adaptive and coherent legal framework is required to balance communal rights and individual interests in the digital era. Future research should explore comparative legal models and develop context-sensitive approaches to governing cultural transformations in digital environments.
Transformation of Inheritance Rights in Balinese Customary Land Putu Diana Prisilia Eka Trisna; I Nyoman Sujana; Putu Ayu Sriasih Wesna
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1855

Abstract

This study examines the transformation of inheritance rights in Balinese customary land within the context of customary and national legal systems. The research addresses legal issues arising from changes in customary membership, which may alter or terminate inheritance rights over communal land. Employing a normative legal research method with statutory and conceptual approaches, this study analyzes the interaction between customary norms and national agrarian law. The findings reveal that inheritance rights over customary land are inherently linked to social-religious obligations and active membership within the customary community, resulting in the transformation or loss of such rights when these obligations are no longer fulfilled. Furthermore, the study identifies a normative tension between the communal character of customary law and the individualistic principles of national inheritance law, leading to legal uncertainty. The novelty of this research lies in its integrative analysis of inheritance transformation through the lens of legal pluralism, emphasizing the need for harmonization between legal systems. The study concludes that clearer legal recognition and contextual legal approaches are necessary to ensure certainty and substantive justice in customary inheritance disputes. Future research is recommended to explore empirical perspectives and judicial practices in resolving similar disputes.