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Archipelagic Insights in Solving National Cultural Conflicts in Indonesia Mukri, Waal Mukhayun; Waspiah, Waspiah
Indonesian Journal of Pancasila and Global Constitutionalism Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijpgc.v2i1.62444

Abstract

The Archipelagic Insight is one of the important things, not only in strengthening the national character but also in positioning various problems in the eyes of nationalism and Indonesianness. This study aims to analyze the role of archipelago insight in solving various national cultural conflicts. The method used in this study is a literature study, in which the author examines various theories and research results related to the archipelago's insight as a means of solving problems of national cultural conflict. This study finds and emphasizes that with the diversity of ethnicity, race, religion, belief and culture in Indonesia, various potential conflicts always arise. The heterogeneous character of the Indonesian nation becomes a conflict related to culture which is very likely to occur. In addition, in this study, the archipelago insight is considered capable of resolving various potential conflicts, including cultural conflicts, whether through the Pancasila philosophy approach, regional, socio-cultural, or historical aspects.
Legal Strategies and Advocacy for Boosting Global Market Competitiveness of Geographical Indication Products in Temanggung Waspiah, Waspiah; Rodiyah, Rodiyah; Afiatun, Umi; Baiquni, Muhammad Iqbali; Arifin, Ridwan; Putri, Nadiyah Meyliana; Damayanti, Fitria
Indonesian Journal of Advocacy and Legal Services Vol 6 No 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support (Artic
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Geographical Indication (GI) products hold significant potential for enhancing local economies and global market presence. However, GI products from Temanggung, Indonesia, face unique legal and competitive challenges that hinder their global competitiveness. This paper addresses the urgent need to bolster the international market position of Temanggung’s GI products through effective legal strategies and advocacy. The research is novel in its dual approach of combining legal analysis with strategic advocacy, focusing on a specific regional context that has received limited attention in existing literature. It examines the international and national legal frameworks affecting GI products, identifying gaps and proposing enhancements to strengthen legal protections and align with global standards. Additionally, the paper explores innovative advocacy methods to increase awareness and marketability, including strategic marketing, education, and stakeholder partnerships. The contribution of this research lies in its comprehensive analysis of both legal and advocacy dimensions, providing actionable recommendations for improving the competitiveness of Temanggung’s GI products. By addressing legal vulnerabilities and advocating for effective promotion, the paper offers a roadmap for policymakers, legal professionals, and local producers to enhance the global presence of Temanggung’s GI products. The findings aim to inspire similar strategies for other regions facing comparable challenges, ultimately contributing to the broader discourse on GI protection and market strategies. This research is crucial for addressing immediate challenges and leveraging the full potential of GI products in a competitive global marketplace.
Two Decades of Business Competition Law: How has Indonesian Competition Law Transformed? Baiquni, Muhammad Iqbal; Waspiah, Waspiah
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.44355

Abstract

This research focuses on the development of competition law in Indonesia, specifically examining the role and impact of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, also known as the Business Competition Law. The objective of this research is to provide an overview of the various changes in business competition law in Indonesia, particularly the establishment of the Business Competition Supervisory Commission (KPPU), responsible for enforcing the law against business competition violations committed by companies or individuals. Additionally, this article will compare Indonesian competition law with that of other countries, such as Australia and Singapore. The research adopts two main methods: a statute approach and a comparative approach. The statute approach involves analyzing three statutory regulations: Law No. 5 of 1999 (Indonesia), Australia Competition and Consumer Amendment Act 2013 (Australia), and Singapore Competition Act 2004 (Singapore). The findings of this study reveal two key weaknesses in Indonesia's Business Competition Law. First, there are deficiencies in both the material and formal aspects of determining prohibitions per se or employing the rule of reason theory. Secondly, there are concerns related to the definition of dominant market positions, necessitating a review of the Business Competition Law to align it with best practices. Additionally, there are issues regarding the neutrality of KPPU as a Quasi-Judicial institution, and the need to safeguard the rights of the reported parties during the judicial process at KPPU. Furthermore, a legal comparison with Australia and Singapore highlights that Indonesia's Business Competition Law lags behind in several areas, resulting in a legal vacuum concerning Mergers and Acquisitions Regulations, Horizontal and Vertical Agreements, Dispute Resolution, and Consumer Protection. In conclusion, this research emphasizes the significance of robust competition laws in promoting fair business competition, economic growth, and foreign investment. It sheds light on the weaknesses of Indonesia's current Business Competition Law and suggests potential areas for improvement based on a comparison with competition laws in Australia and Singapore. Addressing these issues would strengthen Indonesia's competitive landscape and foster a more conducive business environment.
Potential of Geographical Indications of Coffee as ​​an Effort to Improve Community Welfare in Ngresepbalong Village on the Slope of Mount Ungaran: Potensi Indikasi Geografis Kopi Sebagai Upaya Peningkatan Kesejahteraan Masyarakat Di Desa Ngresepbalong Lereng Gunung Ungaran Mustaidah, Nurul; Waspiah, Waspiah
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6376

Abstract

Geographical indication, this coffee can be identified as a product that comes from a particular region, which in this case the selling value and products of this coffee can increase. But in reality, the potential of geographical indications of coffee in Indonesia is still not fully utilized or used to improve the welfare of the community. This paper formulates two main issues: (1) Requirements and procedures that must be met to obtain legal protection of the potential geographical indication of coffee from Ngresepbalong Village, Ungaran Mountain Slope, 2) Potential geographical indication of coffee from Ngresepbalong Village on the slopes of Mount Ungaran as an effort to improve the welfare of the community. The method used in this writing is normative juridical research method. This normative legal research focuses on primary and secondary legal materials, namely research that leads to the norms that exist in the legislation. Based on the discussion, it can be concluded that Geographical Indications of coffee have significant potential in improving the welfare of the community in Ngresepbalong Village on the slopes of Mount Ungaran. With Geographical Indication certification, coffee produced in the area can be guaranteed to have a unique and distinctive quality, and has a high reputation in the international market. Geographical Indication of coffee can be an effective tool in improving the welfare of the people in Ngresepbalong Lereng Gunung Ungaran Village, as well as maintaining the cultural identity and traditions of the area.
The Urgency of Copyright Right on Bridal Makeup Design of Kendal Bridal Makeup Design to Reform Creative Industry in Indonesia Waspiah, Waspiah; Rodiyah, Rodiyah; Asmarani Ramli; Muhammad Iqbal Baiquni; Nadiyah Meyliana Putri
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1211

Abstract

This research underscores the urgent need for copyright protection in the Indonesian bridal makeup design sector, particularly focusing on Kendal Bridal Makeup Design. The absence of legal safeguards for innovative makeup designs poses a significant threat to the creative efforts of makeup artists and the broader bridal industry. This study identifies a critical gap in existing intellectual property laws, which inadequately address the unique challenges of protecting original makeup designs. Findings indicate that the lack of robust copyright protections results in widespread imitation and unauthorized use of designs, undermining their economic value and diminishing creative incentives for artists. This situation impedes the growth of the creative industry, where originality and personal branding are essential. The research highlights that the current legal framework does not adequately support the sector, leaving artists exposed to exploitation and legal disputes. The novelty of this study lies in its specific focus on bridal makeup design within the Indonesian context, an area that has received limited scholarly attention. By evaluating the legal and economic impacts of insufficient copyright protection, the study offers new insights into how reforming intellectual property laws can promote innovation and support industry growth. The research contributes by advocating for targeted legal reforms to enhance copyright protections for makeup designs and provides actionable recommendations for policy changes. These measures aim to safeguard artists' rights, foster creativity, and bolster the Indonesian creative industry, thereby paving the way for a more sustainable and innovative sector.
The Direction of Indonesia’s Legal Policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters: A Path to Law Reform in Cross-Border Crime Enforcement in Southeast Asia Arifin, Ridwan; Rodiyah, Rodiyah; Waspiah, Waspiah; Amandha, Asyaffa Ridzqi; Krisnawati, Elizabeth Yunita; Sandi, Tirta; Napitupulu, Michael Timothy
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.3206

Abstract

This research explores Indonesia’s legal policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters (AMLAT) and its implications for law reform in the enforcement of cross-border crime in Southeast Asia. AMLAT plays a critical role in facilitating legal cooperation among ASEAN member states in criminal matters, addressing challenges posed by transnational crimes such as human trafficking, drug smuggling, and cybercrime. Despite its significance, Indonesia faces legal and procedural gaps in aligning its domestic legal framework with AMLAT provisions, creating obstacles in efficient criminal law enforcement across borders. The novelty of this study lies in its focus on Indonesia’s unique legal challenges and reform needs in the context of AMLAT, an area that has received limited scholarly attention. While previous studies have explored AMLAT’s role at a regional level, this research specifically investigates the legal and policy issues within Indonesia and how they affect broader ASEAN cooperation on cross-border crime. The urgency of this research is underscored by the increasing prevalence of transnational crimes in Southeast Asia, exacerbated by advancements in technology and globalization. A more robust legal framework is crucial for Indonesia to effectively collaborate with ASEAN members in combating these crimes. The contribution of this study is twofold. First, it provides a comprehensive analysis of the current state of Indonesia’s legal policy on AMLAT, highlighting key areas for legal reform. Second, it offers practical recommendations for policymakers to strengthen Indonesia’s role in regional legal cooperation, ensuring more effective cross-border crime enforcement in Southeast Asia.
From Bean to Benefit: How Indonesian Intellectual Property (IP) Law Protects the Coffee Farmers in Indonesia? Waspiah, Waspiah; Niravita, Aprila; Naelufar, Rizqan; Putri, Nadiyah Meyliana; Eka Saputra, Dany
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.443

Abstract

This study addresses the urgent question: How can legal protections for Geographical Indications (GIs) as a form of Intellectual Property (IP) enhance the welfare of coffee farmers in Temanggung, Indonesia? Coffee is a vital agricultural product in this region, yet farmers face challenges in maximizing its economic potential. The research positions itself within the framework of empirical legal studies, analyzing the interplay between legal protections and agricultural sustainability. The paper discusses the issue by first examining the current state of GI protection in Temanggung, identifying both obstacles faced by farmers and the government. Through qualitative analysis, the study evaluates effective strategies for implementing GI protections and their implications for farmer welfare. The main findings indicate that while there are significant challenges in enforcing GI protections, targeted strategies—such as regular training and outreach for farmers, improved marketing initiatives, and the establishment of local regulations—can substantially enhance their livelihoods. Moreover, the research highlights the importance of increasing awareness and knowledge among farmers to leverage GI protections effectively. Overall, this study contributes to the understanding of agricultural law's role in rural development, providing actionable insights for policymakers and stakeholders aiming to support Indonesia’s coffee farmers.
The Urgency of Integrated Circuit Layout Design Regulation in the Semiconductor Industry (Comparative Study of Indonesia and Japan): Urgensi Pengaturan Desain Tata Letak Sirkuit Terpadu Dalam Industri Semikonduktor (Studi Perbandingan Indonesia dan Jepang) Baiquni, Muhammad Iqbal; Waspiah, Waspiah
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.8304

Abstract

The semiconductor industry plays an important role in the development of global technology, so the need for intellectual property rights protection for Integrated Circuit Layout Design (ICLD) is important. In Indonesia, regulations regarding ICLD still have weak protection for designers. This affects the low number of DTLST registration applications. Meanwhile, in Japan, the regulation of DTLST has mature and structured protection regulations for designers and business actors. This study uses a normative legal research method with a comparative approach and a statutory approach. The results of this study indicate that the DTLST Regulations in Indonesia and Japan have several similarities. However, there are differences between them; Definition of DTLST, Exclusive and Non-Exclusive Exploitation Rights, Reserve Engineering, Compensation Rights Regulations, Regulation of Institutional/Legal Entity Registration. DTLST is very important in the semiconductor industry, especially for IC Chips used in various electronic devices. Large investments in DTLST research and development drive innovation and efficiency in IC Chip production. Japan, with strict regulations and strong government support, has succeeded in increasing its semiconductor market. Japan's DTLST Law protects IPR through comprehensive regulations, in contrast to Indonesia which still faces weaknesses in Law No. 32 of 2000. The lack of substantive examination and understanding of technology in Indonesia hampers the effectiveness of legal protection. Based on this, it can be concluded that the regulation on DTLST in Indonesia still has several weaknesses and can seek to revise Law No. 32 of 2000 by transplanting laws from Japan with adjustments to Indonesia's national interests. Indonesia should strengthen legal protection of intellectual property rights for DTLST designers and business actors in the semiconductor industry.
Legality of Commercial Parody Merchandise Without the Authorization of the Owner of the Parodied Brand Based on the Perspective of the MIG Act Mustofa , Rabindra Aldyan Bintang; Waspiah, Waspiah
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.25700

Abstract

This study examines the criminal liability of corporations as perpetrators of environmental crimes in Indonesia. With increasing industrial activities contributing to environmental degradation, holding corporations accountable under criminal law is essential to deter future violations and promote sustainable business practices. This research analyzes the existing legal framework, judicial practices, and challenges in enforcing corporate criminal responsibility for environmental damage. Through a doctrinal and case law approach, the study highlights gaps in regulation, inconsistencies in court rulings, and the difficulty of attributing mens rea (criminal intent) to corporate entities. The contribution of this study lies in proposing clearer legal criteria and enforcement mechanisms to strengthen corporate accountability for environmental harm. It emphasizes the need for comprehensive legislation that balances economic growth with environmental protection, ensuring that corporations cannot evade liability due to complex organizational structures. This research is relevant for policymakers, legal practitioners, and environmental advocates seeking effective solutions to environmental crimes committed by corporations in Indonesia.
Advanced Training of Intellectual Property Documents of Industrial Designs for Goyor Sarong Craftsman in Pemalang District Waspiah, Waspiah; Rodiyah, Rodiyah; Latifiani, Dian; Setiaji, Dede Alvin
Indonesian Journal of Advocacy and Legal Services Vol. 1 No. 2 (2020): Legal Services and Advocacy in the Industrial Revolution 4.0 Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v1i2.22823

Abstract

Intellectual property is used to increase economic value while providing legal protection for innovative inventions. Goyor Glove, typical of Pemalang, in fact, does not yet have legal protection on Intellectual Property, especially Industrial Design, so that the protection is low and many industrial designs of Goyor sarong are used by others without permission. The methods used to solve the problems in this service program are: (1) Training (workshop), which aims to provide knowledge and skills in quality improvement and product development (2) Product development and application management of the Goyor motif motif to be a description of IP Industrial Design; (3) Assisting and facilitating IP registration of Industrial Designs to be able to increase the economic value of the product; and (4) Monitoring and Evaluation for follow-up plans. Partners in this program, namely the Goyor Sarong Craftsmen in Pemalang District, were given the opportunity to play an active role, from the time of training to mentoring, facilitation and monitoring and evaluation especially during registration and acceleration of obtaining IP Industrial Design certificates craftsmen are given the opportunity to actively provide ideas, criticism in product development and application of management to obtain IP protection. Thus this activity is centered on partners based on the basic needs of partners to develop by increasing the economic value and welfare of the Goyor Gloves craftsman in particular.