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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Istinbath : Jurnal Hukum
Muhamad Kholid
UIN Sunan Gunung Djati Bandung, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Copyright Infringement in Indonesia: Applicable Sanctions and Legal Procedures Solihan Makruf; Rizal Agung Mufti; Radja Haehta Sembada; Iqbal Taufik Maulana; Muhamad Kholid
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.11495

Abstract

Ideally, copyright, as part of intellectual property rights, should receive full protection from the state through firm and effective legal instruments. Law Number 28 of 2014 concerning Copyright provides a clear legal framework to ensure such protection. However, in reality, copyright infringement remains widespread in Indonesia, taking forms such as piracy, unauthorized use, and illegal distribution through digital platforms. This condition highlights a gap between the ideal legal norms and their implementation in practice. This study aims to analyze the sanctions and legal processes applicable to copyright infringement in Indonesia and evaluate the effectiveness of their implementation based on the existing laws and regulations. The methodology used in this research is a normative juridical approach, with primary data sources consisting of statutory regulations, academic literature, and relevant court decisions. The findings indicate that although Indonesia has relatively comprehensive regulations on copyright, the implementation of sanctions and legal procedures still faces obstacles, such as weak law enforcement, low public awareness, and the challenges of digitalization that facilitate the rapid spread of infringement. Therefore, a synergistic effort among policymakers, law enforcement authorities, and society is needed to build an effective and adaptive copyright protection system in response to contemporary developments.
The Effectiveness of Sharia Economic Dispute Resolution in the Commercial Court related to Sharia Bankruptcy after the Constitutional Court Decision No. 93/PUU-X/2012 concerning Legal Certainty in the Settlement of Sharia Banking Cases Harry Yuniardi; Muhamad Kholid; Laras Shesa
Istinbath : Jurnal Hukum Vol 21 No 2 (2024): Istinbath: Jurnal Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Jurai Siwo Lampung, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.10153

Abstract

This research aims to identify the sources of material and formal law applied in the settlement of sharia economic disputes, evaluate the effectiveness of its implementation, and analyse the obstacles faced by religious courts at various levels. The data used includes cases in several religious courts and commercial courts in Indonesia in the period 2014-2020. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through document studies, interviews with religious court judges, and a review of relevant laws and regulations. Analyses were conducted to evaluate the application of material and formal law in dispute resolution, as well as to identify obstacles faced by religious courts in practice. The results of the study show that the material legal sources used in resolving sharia economic disputes include the Qur'an, Hadith, DSN-MUI fatwas, laws and regulations, and jurisprudence. Formal legal sources still depend on HIR/RBg as well as special regulations such as PERMA No. 14 of 2016. The religious court institutionally has shown readiness by increasing human resources, applying technology through e-courts, as well as efforts to provide technical guidance and certification of sharia economic judges. Religious courts have great potential to become the main institution in resolving sharia economic disputes. Improving regulations, codifying procedural law, and establishing sharia commercial courts in the future are needed to ensure legal certainty and efficiency of the dispute resolution process.
Co-Authors Iqbal Taufik Maulana Laras Shesa Radja Haehta Sembada Rizal Agung Mufti Solihan Makruf Yuniardi, Harry