I Wayan Rideng
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.
Regulating Coastal Setbacks Through Spatial Planning Law Enforcement I Gede Andi Iswarayana; I Made Suwitra; I Wayan Rideng
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.v4i3.1793

Abstract

This study examines the enforcement of spatial planning law in regulating coastal setback utilization in Nusa Penida, Klungkung Regency, Bali, where rapid tourism development has intensified pressure on protected coastal zones. The research aims to assess the effectiveness of legal enforcement mechanisms in controlling coastal setbacks and to identify institutional and regulatory factors that hinder compliance. An empirical legal research design is adopted, integrating statutory, conceptual, and sociological approaches. Primary data were gathered through semi-structured interviews with local government officials and relevant stakeholders, while secondary data were obtained from legislation, regional spatial planning documents, and official records. Qualitative analysis was conducted by relating normative spatial planning provisions to observed enforcement practices in the study area. The findings indicate that coastal setback regulation has not been effectively implemented, largely due to the absence of detailed spatial planning instruments, limited supervisory capacity, and reliance on administrative discretion rather than clear technical standards. These conditions weaken legal certainty and constrain the consistent application of zoning rules and sanctions. The study concludes that the formulation of detailed spatial plans and the strengthening of enforcement mechanisms are critical to improving coastal setback governance and supporting sustainable coastal management in island tourism regions.