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All Journal POROS TEKNIK Rechtsidee Jurisprudentie Jurnal Daulat Hukum Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan DE LEGA LATA: Jurnal Ilmu Hukum Lex Librum: Jurnal Ilmu Hukum Awang Long Law Review Jurnal Yuridis Abdimas Umtas : Jurnal Pengabdian kepada Masyarakat Veteran Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora JUSTISI SABDAMAS JURNAL USM LAW REVIEW Jurnal Bakti Masyarakat Indonesia Jurnal Suara Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Pengabdian kepada Masyarakat Jurnal Altifani Penelitian dan Pengabdian kepada Masyarakat Law Development Journal Jurnal Interpretasi Hukum International Journal of Social Science, Education, Communication and Economics Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Journal of Progressive Law and Legal Studies RechtIdee Jurnal KALANDRA Kanun: Jurnal Ilmu Hukum International Journal of Law and Society International Journal of Law, Crime and Justice Jurnal Legislasi Indonesia Green Social: International Journal of Law and Civil Affairs Lex Librum : Jurnal Ilmu Hukum
Heru Sugiyono
Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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Nominee Agreements as Instruments of Fraud in Educational Foundations : Criminal Responsibility of Foundation Organs for Misappropriating Land Assets Ownership Michael Giovanni Joseph; Handoyo Prasetyo; Heru Sugiyono
International Journal of Law, Crime and Justice Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i2.629

Abstract

This study examines the use of nominee agreements as instruments of fraud within Indonesian foundations that operate private educations.  This research focuses on how foundation organs use the foundations to buy land assets for themselves and evade liability. The problem addressed is the gap between civil‐law façade and underlying criminal intent, whereby Patrons, Management, and Supervisors transfer land ownership out of the foundation’s name through a simulated agreement called nominee contracts. The research aims to analyze how these contracts facilitate systemic fraud and to propose a legal framework for holding both individuals and the foundation itself criminally accountable. A doctrinal‐normative method is employed, involving analyses of statutory provisions (Foundation Law, the old and the new Criminal Code), internal regulations, and key court decisions (e.g., Gunung Muria University, Al‐Hilaal Ambon, Morning Star). Findings reveal that nominee agreements consistently conceal intent to defraud, that existing legal provisions are underutilized or applied piecemeal, and that criminal courts have been reluctant to dissolve offending foundations despite clear evidence of strafbaarfeit (criminal act) by the foundation. The main synthesis highlights the necessity of a consistent approach by the law enforcement and the court to interpret nominee‐based transfers as criminal acts to prevent further asset diversion. The study concludes that integrating civil and criminal frameworks, along with strengthening oversight and enabling immediate dissolution of fraudulent foundations, is essential to safeguard public interest and restore trust in the nonprofit sector.
Tiktokshop’s Acquisition of Tokopedia in Providing Justice for Micro, Small and Medium Enterprises (Study: Tiktokshop E-Commerce Services in Indonesia) Dylan Rajasa Chandra; Sugiyono, Heru
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.532

Abstract

The purpose of this study is a study of the protection of law and justice that exists in Indonesia related to the occurrence of actions by a number of Micro, Small and Medium Enterprises actors on the decision to acquire Tokopedia made by Bytedance as the parent of Tiktokshop. This research was conducted using the normative juridical method because it is based on legal norms in legislation and legal principles. The results of this study indicate that the partnership between Tiktokshop and Tokopedia provides problems of justice for business actors where one party benefits from Tiktokshop's innovation and the other party feels disadvantaged because of gaps in business competition. With the existence of laws that regulate legal protection for Micro, Small and Medium Enterprises, especially with the enactment of Regulation of the Minister of Trade Number 31 of 2023 concerning Business Licensing, Advertising, Guidance and Supervision of Business Actors in Trading through Electronic Systems, it can be said that existing regulations if implemented can provide benefits to business actors in providing justice and legal protection for Micro, Small and Medium Enterprises.
Legal Certainy in Resolving Trademark Disputes Involving Subtantial Similarities to Registered Trademarks of Other Parties Liansah, Irene; Sugiyono, Heru
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1958

Abstract

The increasing number of trademark registrations in Indonesia reflects a growing awareness among business actors regarding the importance of legal protection for product or service identity. However, this trend also triggers legal disputes, particularly when a newly registered trademark bears substantial similarity to an existing registered trademark. This study aims to analyze the resolution of trademark disputes involving substantial similarities to registered trademarks of other parties, and to examine the legal certainty surrounding such dispute resolution through trademark cancellation lawsuits in the Commercial Court and arbitration proceedings. The research used a normative juridical method by examining written legal norms such as legislation, court decisions, and analyzing relevant concrete cases. The results indicate that resolution through cancellation lawsuits in the Commercial Court is transparent and offers legal protection through judicial processes. However, it faces challenges such as lengthy procedures and limited judicial understanding of intellectual property. In contrast, arbitration offers a faster and more efficient alternative, yet remains underutilized due to weak contractual awareness. In terms of legal certainty, court litigation provides binding legal force through decisions that may serve as jurisprudence, while arbitration ensures certainty through final and binding awards, although enforcement remains limited. In conclusion, optimizing both avenues requires robust regulatory support and legal education for business actors
Legal Ownership of Images Generated by Generative Artificial Intelligence : (A Study of Buying and Selling Transactions on Adobe Stock in Indonesia) Alisya Rahma Saebani; Heru Sugiyono; Muthia Sakti
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.185

Abstract

The development of Artificial Intelligence (AI) technology has led to the creation of various works, including images generated without direct human involvement. One of the platforms that facilitates the buying and selling of AI-generated images is Adobe Stock. However, this raises legal issues regarding ownership status and copyright protection of such images, considering that Indonesia's positive law has not explicitly regulated ownership of works produced by non-human entities. This research aims to examine the legality of ownership over images generated by Generative AI in transactions through Adobe Stock and to analyze its compatibility with the Indonesian legal system. This study uses a normative juridical method with statutory, case, comparative, and conceptual approaches, as well as a literature study relevant to the issues discussed. The results show that under the Indonesian legal system, a work must have a creator who is a legal subject. Therefore, images generated by AI cannot automatically be granted copyright status unless there is significant human intervention in the creation process. In transactions through Adobe Stock, the platform's policy serves as the main reference in determining ownership and legal responsibility over AI-generated images. The legality of AI-generated image ownership in Indonesia remains a gray area and requires regulatory updates to accommodate technological developments. Legal clarity is needed to protect parties involved in AI-based digital transactions and to ensure legal certainty in the protection of creative works.
The Role of E-Commerce Platforms in Resolving Breach of Contract Disputes Related to the Delivery of Goods Not in Accordance with Consumer Orders by Business Actors Fikri, Muhammad; Sugiyono, Heru
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.%p

Abstract

This research discusses the role of e-commerce platforms in resolving default disputes in e-commerce transactions with a focus on the case of delivery of goods not according to order as the object of research. The purpose of this research is to analyze the effectiveness of legal protection for consumers as well as the role of the platform in resolving such disputes. This research uses normative juridical method with statutory approach and case study. The results show that although there is a legal basis in the form of the Consumer Protection Law and its implementing regulations, implementation in the field is still not optimal. The obstacles faced include low consumer legal literacy, lack of transparency in the dispute resolution mechanism in the platform, and the lack of connection between the platform's internal system and the official dispute resolution institution. In addition, e-commerce platforms have not fully carried out their responsibilities as organizers of the digital transaction ecosystem. This research concludes that strategic steps are needed in the form of strengthening regulations, integrating dispute resolution systems with official institutions, and increasing legal education for consumers in order to create a fair, fast and sustainable dispute resolution mechanism.
Legal Protection and Enforcement of Securities Dilution by Issuers in the Technology Business Sector with Multiple Vot-ing Rights Stock Classification after Initial Public Offering (IPO) Raisha Cantika Mutiara; Aurora Jillena Meliala; Heru Sugiyono
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.687

Abstract

This study examines the legal protections and enforcement mechanisms against securities dilution in technology‐sector issuers adopting multiple voting rights stock classifications following an initial public offering (IPO) under Indonesia’s Financial Services Authority Regulation No. 22/POJK.04/2021. It addresses two core issues: the adequacy of minority shareholder safeguards embedded within the regulatory framework and the nature and extent of share dilution experienced by existing investors in dual‐class structures. Employing a normative legal research design with a doctrinal approach, the analysis draws on primary sources including UU No. 40/2007, UU No. 4/2023, POJK 22/POJK.04/2021, issuer prospectuses, and PT GoTo Gojek Tokopedia’s 2022–2024 annual reports complemented by secondary literature and tertiary legal references. Findings reveal that POJK 22/POJK.04/2021 integrates quantitative limits (a 90 percent cap on aggregate superior voting rights), procedural safeguards (minimum 5 percent ordinary‐shareholder quorum and independent renewal approval), temporal constraints (10‐year sunset clause), and one‐share‐one‐vote requirements for critical corporate actions, alongside a novel graduated voting ratio system. The GoTo case study underscores persistent misalignment between cash‐flow and voting rights, marked by significant share price volatility and reliance on share buybacks rather than dilutive issuances. While the regulatory framework is comprehensive, its efficacy is contingent on robust enforcement, transparency of indirect ownership, and institutional maturity. Empirical evaluation of post‐IPO dilution events, minority litigation outcomes, and enforcement actions is recommended to assess real‐world impacts.
Financial Management of Public Service Bodies in State Universities: Juridical Analysis of Fees for the Development of Independent Path New Student Institutions Arazid, Arazid; Sugiyono, Heru; Thohari, Ahmad Ahsin
Journal of Progressive Law and Legal Studies Том 3 № 02 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i02.1569

Abstract

This study investigates the financial management of Public Service Agencies (BLU) within Indonesian state universities, focusing on the unauthorized imposition of institutional development fees (SPI/IPI) on independent pathway students at Udayana University, resulting in significant State financial losses. Employing a normative juridical methodology, the research analyzes regulatory frameworks, institutional accountability, and the legal implications of fee structures that contravene Ministry of Finance regulations (PMK No. 51/2015 and PMK No. 95/2020). Findings reveal systemic non-compliance in fee determination, where SPI/IPI charges were applied without legal authorization, bypassing mandated tariff protocols. The study identifies critical lapses in oversight, including the rector's failure to align fee policies with national financial regulations and the misuse of BLU flexibility, which enabled the diversion of funds into non-transparent banking practices. The case underscores the vulnerability of BLU's financial autonomy to mismanagement and corruption, particularly in the absence of robust accountability mechanisms. Recommendations emphasize the urgent need for legal reforms to enhance transparency, strengthen auditing processes, and clarify punitive measures for violations. This research contributes to the discourse on public financial governance in higher education, advocating for institutional reforms to prevent future fiscal mismanagement and uphold the integrity of State’s resources.
Legal Status of the Object of the Fiduciary Determined as State Confiscated Goods that Have Been Auctioned Martin Batara Tambunan; Suherman Suherman; Heru Sugiyono
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.615

Abstract

The purpose of this study is to analyze the legal status of fiduciary collateral objects designated as state-confiscated assets that have been auctioned, and to examine the resolution of the state's rights in confiscating and auctioning fiduciary collateral objects in relation to the rights of financing companies as fiduciary creditors whose claims remain unsettled. This study employs a normative juridical research method using statutory, case, and conceptual approaches. The results show that fiduciary collateral objects confiscated and auctioned by the state do not automatically nullify the creditor’s rights, as the principle of droit de suite entitles creditors to claim the object or the proceeds from its sale. Regulatory ambiguity creates legal uncertainty and discourages fiduciary-based financing practices. From a justice perspective, the state must not arbitrarily execute assets without considering the legitimate rights of creditors. Resolution of the conflict between the rights of the state and creditors must be carried out proportionally through criminal, civil, or non-litigation avenues, in order to establish a balance between law enforcement and creditor protection, thereby maintaining stability in the financing sector.
Justice in the Administration and Settlement of Bankruptcy Estate by Auction in Relation to the Recovery of Creditors’ Claims Ricki Rahmad Aulia Nasution; Iwan Erar Joesoef; Heru Sugiyono
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.616

Abstract

This study aims to examine the aspect of justice in the administration and settlement of bankrupt assets by the Curator, particularly concerning the repayment of receivables to creditors in the context of auction minutes issued by the KPKNL Samarinda. The research adopts a normative juridical method, legislation approach and conceptual approach, and is connected to a case study approach focusing on the auction process in the bankruptcy case of PT Karebet Mas Indonesia (in bankruptcy). The results of this study indicate that the Curator, in administering and settling unsold bankrupt assets, may proceed with a private sale (underhand sale) with the approval of the supervising judge, based on a limit value obtained from an independent appraiser’s valuation, provided that at least two public auctions have been conducted without success. The distribution of assets to creditors must observe the principle of pari passu pro rata, which ensures equal treatment according to their respective priorities.In the event that the settlement process of the bankrupt estate has been declared completed, yet the creditors have not received full repayment of their claims, the general provisions under Article 1131 of the Indonesian Civil Code shall apply, namely that all of the debtor’s assets constitute collateral for the fulfillment of their debts. This study recommends an amendment to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, to regulate in a detailed, specific, and comprehensive manner the requirements for the underhand sale of bankrupt assets by the Curator. Such regulation is necessary to ensure justice and legal certainty for bankrupt debtors and creditors, particularly regarding the repayment of claims for concurrent creditors.
Strategi Penanganan Pekerja Migran Indonesia Yang Bekerja Tidak Sesuai Dengan Kontrak Kerja Zakia Fitri, Anggi Rachma; Sugiyono, Heru
JURNAL USM LAW REVIEW Vol. 6 No. 3 (2023): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v6i3.7568

Abstract

The purpose of this research is to analyze how the impact of the placement of Indonesian migrant workers who work not in accordance with the work contract, as well as how the handling strategy of Indonesian migrant workers who work not in accordance with the work contract. This research is important to do, because in practice there are still many cases of Indonesian migrant workers who still do not fulfill their rights and obligations when they are placed in their destination country. The novelty in this research is to examine the impact of the placement of Indonesian migrant workers who work not in accordance with the employment contract, as well as the handling strategy of Indonesian migrant workers who work not in accordance with the employment contract which have been agreed upon, accompanied by case examples as a study for this research. The method used in this research is normative juridical which is carried out by examining library materials or secondary data. The results of this research show that Indonesian migrant workers who work not in accordance with their work contracts have an impact on migrant workers' rights not being fulfilled. The PMI Law regulates dispute resolution strategies for handling PMI cases as contained in Article 77.  Tujuan dari penelitian ini adalah untuk menganalisis bagaimana dampak penempatan pekerja migran Indonesia yang bekerja tidak sesuai dengan kontrak kerja, serta bagaimana strategi penanganan pekerja migran Indonesia yang bekerja tidak sesuai dengan kontrak kerja. Penelitian ini penting dilakukan, karena dalam praktiknya masih banyak terjadi kasus pekerja migran Indonesia yang masih tidak dipenuhi hak dan kewajibannya saat ditempatkan di negara tujuan mereka. Adapun kebaharuan dalam penelitian ini yakni meneliti mengenai dampak penempatan pekerja migran Indonesia yang bekerja tidak sesuai dengan kontrak kerja, serta strategi penanganan pekerja migran Indonesia yang bekerja tidak sesuai dengan kontrak kerja yang sudah disepakati, disertai dengan contoh kasus sebagai studi penelitian ini. Metode yang digunakan dalam penelitian ini adalah yuridis normatif yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder. Hasil penelitian ini menunjukkan bahwa pekerja migran Indonesia yang bekerja tidak sesuai dengan kontrak kerja berdampak pada tidak terpenuhinya hak dari pekerja migran. Pada UU PMI diatur mengenai strategi penyelesaian perselisihan untuk penanganan kasus PMI yang terdapat pada Pasal 77.    
Co-Authors Adyuanas, Affan Afif, Muhamad Shafwan Agus Setiyo Budi Nugroho Agustanti, Rosalia Dika Aji Lukman Ibrahim Ali, Jovansyah Alisya Rahma Saebani Amandha, Rendytha Khansa Amiruddin, Alifiya Mafaza Arazid, Arazid Arofah, Muhammad Nouval Aurellia Zerikha Syah Aurora Jillena Meliala Azzahra, Shalma Berliana Purwono Putri Budiman, Jodhy Farrel Bukit, Liametami Benedicta Chrys Auditya Dewi Clarence, Jennifer Dianrachma, Mitari Dinanti, Dinda Dwi Desi Yayi Tarina Dylan Rajasa Chandra Faidurrahman Faidurrahman Fajar, Rahula Fuad Sholihin Hana Humaira Sachmaso Handoyo Prasetyo Haryanto, Imam Herbawani, Chahya Kharin Heru Suyanto Heru Suyanto Heru Suyanto Ibnu Sholeh Herdidenanto Iwan Erar Joesoef Liansah, Irene Lina Husnul Khairiyyah Lutfi, Khoirur Rizal Malik Ibrahim Martin Batara Tambunan Michael Giovanni Joseph Mouna Suez Sianturi Muhammad Arafah Sinjar Muhammad Farhan Gayo Muhammad Fikri Muhammad Rahadian Hasbi Muthia Sakti Oktalia, Ilvana Pardede, Jeremy Raisha Cantika Mutiara Ramadhani, Dwi Aryanti Ramadhanti Achlina Tri Putri Ricki Rahmad Aulia Nasution Ridha Wahyuni Ridwan, Ridwan Rizal, Sultan Ahmad Rizkianti, Wardani Rochela Amalia Narindra Rohman, Zahrah Farhataeni Safitri, Zahra Awaliany Salwa Noviana Putri Samodro, Dewanto Suci Amalia Tirachim Suherman Suherman Suprima Suyanto, Heru Syaiful, Rivasya Dinda Syakur, Muhammad Zidan Asy Sylvana Murni Deborah Hutabarat Thohari, Ahmad Ahsin Zahra Athirah Zakia Fitri, Anggi Rachma