Fitrah Khairunnas
UIN Syarif Hidayatullah Jakarta, Indonesia

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Legal Standing of Artificial Intelligence as Inventors: An International Comparative Patent Study Fitrah Khairunnas; Musawer Hakimi; Sheik Mohamed
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i2.453

Abstract

The autonomous generation of technical inventions by artificial intelligence creates a profound epistemological crisis within strictly anthropocentric global patent systems. This study aimed to critically analyze the legal standing of artificial inventors and resolve this acute normative vacuum through a comparative doctrinal methodology. The research found that major jurisdictions uniformly reject granting legal personhood to autonomous machines, restricting the inventor designation to biological humans. In Indonesia, although the recent patent amendment successfully expanded protection for digital inventions, it fatally neglected the statutory definition of an inventor, triggering a severe regulatory paradox. This article asserts that granting full legal personhood to artificial intelligence is fundamentally flawed; instead, it proposes the doctrine of augmented inventorship. By mandating a rigorous technical audit through a hybrid contribution statement, this prescriptive framework guarantees absolute traceability of human conception. Ultimately, this novel approach provides an international model that stimulates technological investment while safeguarding intellectual property integrity.
State Sovereignty and Global Tax Governance: The Integration of Islamic Distributive Justice within International Economic Law Anang Ma’ruf; Fitrah Khairunnas
Siyasah Dusturiyah: State Law Review Vol. 1 No. 2 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/prrmy018

Abstract

The structural expansion of the digital economy precipitates a severe normative crisis within international economic law by eroding territorial fiscal sovereignty and entrenching base erosion and profit shifting. Current global tax governance spearheaded by the Organisation for Economic Co-operation and Development exhibits an acute distributive justice deficit, disproportionately subordinating market jurisdictions in the Global South under asymmetric soft law compromises while secular redistributive frameworks remain conceptually deadlocked. This study critically investigated the epistemic clash between state sovereignty and multilateral digital taxation, evaluating whether non-Western constitutional ethics can rectify these structural imbalances. Employing a doctrinal legal research methodology integrated with conceptual and statutory approaches, this research scrutinized contemporary multilateral treaty drafts alongside domestic responsive statutes through deductive syllogism. The analysis revealed that the Two-Pillar architecture systematically marginalizes developing economies by restricting reallocation to fractional residual profits and coercively invalidating legitimate unilateral digital levies. Furthermore, the findings established that Islamic constitutional jurisprudence—specifically through public fiscal governance doctrines and the overarching tenets of Islamic law—furnishes an imperative normative foundation to overcome this impasse. Rather than operating as private ritualistic philanthropy, principles forbidding wealth concentration and manipulative transactional ambiguities legally invalidate structural market exploitation. Consequently, this study definitively asserts that integrating Islamic distributive justice into binding multilateral conventions transforms global taxation from an instrument of neoliberal capital retention into an enforceable mechanism of equitable economic redistribution. Prescriptively, this epistemological integration establishes legitimate legal defenses for developing market states to preserve jurisdictional sovereignty, eradicate predatory tax competition, and guarantee universal welfare.