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All Journal Jurnal Akta Jurnal Ilmu Kepolisian Cepalo Journal of Law, Society, and Islamic Civilization Administrative and Environmental Law Review
Nabilla Desyalika Putri
Universitas Negeri Surabaya
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Yuridis Urgensi Penguatan Kedudukan Masyarakat Hukum Adat dalam Mitigasi Perubahan Iklim di Indonesia Nabilla Desyalika Putri
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.101079

Abstract

Indigenous peoples possess a unique value system, local knowledge, and traditional practices that demonstrate adaptability to environmental changes, particularly in the protection of forests and natural resources. Despite their recognition in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the protection of indigenous peoples lacks uniform standards across various environmental laws and regulations, including the forestry law, environmental law, and biological natural resource law. A notable inconsistency arises from the diverse definitions that often reflect specific sectoral or regulatory interests, resulting in a lack of a cohesive definition for indigenous peoples. Additionally, normative limitations on participation regard indigenous legal communities as either mere subjects or participants. As the impacts of climate change intensify, it is crucial for the state to engage and empower indigenous peoples as vital contributors to climate adaptation initiatives. This study employs a normative legal research that combines a statutory approach and a conceptual approach. The anticipated outcomes of this research aim to establish a foundation for more inclusive policies based on ecological justice. Ultimately, this study aims to advocate for the safeguarding of indigenous peoples' rights to land and resources, thus fostering ecological justice and enhancing environmental sustainability.
Royalty Regulatory Framework Arrangements for Commercial Music Concert Performances (Case Study Ruling Number 825 K/Pdt.Sus-HKI/2025) Muzacky Amri; Nabilla Desyalika Putri
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.52390

Abstract

The growth of Indonesia's music industry has increased the number of music concerts, often seen as a commercial way to exploit songs. However, royalty management at these concerts still faces legal challenges, especially in identifying who is responsible for paying royalties. This issue is exemplified by the copyright dispute between Agnez Mo and Ari Bias, which led to Supreme Court Decision Number 825 K/Pdt.Sus-HKI/2025. The ruling reversed a prior commercial court decision and has sparked discussions about the roles of singers, event organizers, and Collective Management Organizations in the royalty payment process. Based on this background, this study delineates two principal issues: first, the manner in which legislation governs royalties for the commercial use of songs and/or music during concerts in Indonesia; and second, the legal considerations of the Supreme Court in Decision Number 825 K/Pdt.Sus-HKI/2025 concerning the attribution of responsibility for royalty payments. The research employs a normative juridical approach, incorporating legislative and case study methods. Primary legal sources include Law Number 28 of 2014 on Copyright, Government Regulation Number 56 of 2021, and Regulation of the Minister of Law and Human Rights Number 27 of 2025. Secondary sources were gathered from literature, scientific journals, and other relevant documents. Data analysis was conducted using descriptive qualitative methods. The study's findings indicate that the normative regulation governing music concert royalties in Indonesia designates event organizers as economic operators accountable for royalty payments via the National Collective Management Organization. Supreme Court Decision Number 825 K/Pdt.Sus-HKI/2025 affirms that vocalists cannot be automatically obligated to pay royalties unless it is demonstrated that they have received direct economic benefits. This ruling offers legal clarity and establishes a significant precedent in the enforcement of copyright law concerning music performances.
A Comparative Legal Analysis of Cyberbullying Among Children on TikTok in Indonesia and Singapore Bintang Mas Wahyu Esa Suryo Alif; Nabilla Desyalika Putri
Jurnal Ilmu Kepolisian Vol 20 No 2 (2026): Jurnal Ilmu Kepolisian Volume 20 Nomor 2 Tahun 2026
Publisher : Sekolah Tinggi Ilmu Kepolisian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35879/jik.v20i2.725

Abstract

The rapid growth of algorithm-driven platforms such as TikTok has expanded children's opportunities for interaction while intensifying risks of cyberbullying, including insults, threats, doxxing, stalking, and other digital harassment. In Indonesia, protection is dispersed across the ITE Law, Criminal Code, and Child Protection Law, leaving no dedicated framework that comprehensively defines child cyberbullying or regulates prevention, response, and recovery. This study compares Indonesia and Singapore in defining, preventing, and responding to child cyberbullying on TikTok and assesses how Indonesia can strengthen regulation within the ASEAN framework. Using normative legal research with legislative and comparative approaches, the study finds that Indonesia has legal bases for addressing cyberbullying but relies on a fragmented, offence-based model. Singapore adopts a more integrated and victim-focused approach through the Protection from Harassment Act 2014 and the Online Safety (Relief and Accountability) Act 2025, covering harassment, doxxing, stalking, image-based child abuse, and impersonation. Indonesia meets several standards under the ASEAN Regional Plan of Action for the Protection of Children from All Forms of Online Exploitation and Abuse, but implementation gaps remain. Indonesia should harmonise definitions, strengthen specialised institutions and reporting systems, improve victim recovery and digital literacy, and increase platform accountability.
Legal Certainty in Mining Regulation: A Comparative Study of Indonesia and Malaysia Nabilla Desyalika Putri; Ellectrananda Anugerah Ash-shidiqqi; Mutiara Dwi Sari
Administrative and Environtmental Law Review Vol 7 No 2 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i2.4589

Abstract

This article examines legal certainty in Indonesian and Malaysian mining regulation through four variables: licensing authority, environmental assessment and permit sequencing, cross-sectoral coordination, and supervision and enforcement. In Indonesia, successive changes to the allocation of licensing authority, particularly under Law No. 3 of 2020, Presidential Regulation No. 55 of 2022, and Law No. 2 of 2025, indicate limited regulatory stability. Although centralisation aims to strengthen state control over mineral resources, changing institutional arrangements and coordination mechanisms may reduce predictability and local accountability. Malaysia's federal framework provides constitutionally defined state authority over mining, while federal institutions support technical and environmental coordination. Its regulatory framework also establishes a clearer sequence between environmental assessment and licensing. The comparison indicates that legal certainty depends not only on statutory provisions but also on regulatory stability, institutional coordination, procedural consistency, and enforceability. Indonesia therefore needs clearer allocation of licensing authority, stronger integration of environmental assessment into licensing procedures, and more consistent enforcement and cross-sectoral coordination to support sustainable mining governance.
FROM CUSTOMARY OBLIGATIONS TO INDIGENOUS JUSTICE: LESSONS FROM CANADA FOR CORPORATE ENVIRONMENTAL LIABILITY IN INDONESIA Anysa Gita Cahyani; Nabilla Desyalika Putri; Abhishek Kumar
Cepalo Vol 10 No 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v10no2.5195

Abstract

Enactment of Indonesia's Criminal Code creates a legal basis for integrating customary law into the criminal justice system through customary obligations as supplementary sanctions applicable to individuals and corporations. However, the implementation of Government Regulation No. 55 of 2025 on the Procedures and Criteria for the Recognition of Living Law in Society raises questions concerning the legal recognition and implementation of customary offences. This study compares Indonesia's framework for customary obligations with Canada's approach to Indigenous justice through a Global North-South perspective. Using normative legal research and legislative and comparative approaches, the study examines primary legal materials from both countries alongside relevant secondary sources. The findings show that Indonesia has incorporated customary law into its criminal justice framework, but significant normative and institutional gaps remain, particularly concerning the recognition of Indigenous communities and procedures for implementing customary obligations. Canada provides a more developed framework through constitutional recognition of Indigenous rights and restorative mechanisms, including Indigenous Environmental Sentencing Circles. The comparison suggests that Indonesia should strengthen the legal recognition of Indigenous communities, establish clear mechanisms for customary dispute resolution, and incorporate restorative principles that promote environmental restoration, social recovery, and community participation.
Co-Authors Abhishek Kumar Anysa Gita Cahyani Bintang Mas Wahyu Esa Suryo Alif Ellectrananda Anugerah Ash-shidiqqi Fazal Akmal Musyarri Kartika Youri Widodo Lucky Elza Aditya Mutiara Dwi Sari Muzacky Amri