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Journal : awang long law review

LEGAL PROTECTION OF FASHION DESIGN WITH MOTIFS IN THE DIGITAL ERA AGAINST COPYRIGHT INFRINGEMENT IN THE INDONESIAN FASHION Sartika, Dewi; Mas, Elvi Yanti Dwi; Ekawati
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1525

Abstract

The introduction of digital technology into the process of creating and distributing fashion motif designs, such as the application of digital printing techniques, increasingly shows how vulnerable creative works are to copyright infringement practices. Learning and applying this technology also raises the need for adequate legal knowledge, so that there needs to be socialization and education regarding copyright among creative industry players. Along with globalization and increasingly widespread internet penetration, cases of copyright infringement are not limited to one country. The digital transformation in the fashion industry has opened up opportunities for designers to develop creative fashion motifs through digital media, but at the same time increases the risk of copyright infringement due to the ease of replication, distribution, and modification of designs online. The application of digital printing technology, for example, allows for the reproduction of motifs with high quality and speed that is difficult to monitor, thus raising legal issues if the design is duplicated without permission. The gap between advances in information technology and the legal framework for intellectual property protection and the low level of legal literacy among creative industry players further exacerbates this condition. Therefore, it is necessary to revise laws and regulations, improve monitoring mechanisms, and provide intensive education so that the copyright protection system for fashion motif designs can be comprehensively integrated. Integration between digital technology innovation and adaptive regulatory enforcement is considered the key to creating a fair, innovative fashion industry ecosystem that is able to provide proper rewards to creators.
LEGAL PROTECTION FOR CLEANING SERVICE WORKERS ON CAMPUS: AS SEEN IN THE FACE OF EMPLOYMENT LAW Saputra, Angga Risqi; Isnawati; Farahwati; Ekawati
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1863

Abstract

This study aims to examine the form and extent of effectiveness of legal protection provided to cleaning service workers on campus from the perspective of the Manpower Law. Cleaning service workers play a crucial role in maintaining cleanliness and creating a comfortable atmosphere on campus, but their position is often vulnerable due to being tied to contract work systems or outsourcing mechanisms. This study uses a normative-empirical juridical approach, combining analysis of laws and regulations, legal theory and doctrine, and empirical findings obtained through interviews and field observations. The results show that, normatively, Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023, provides a strong basis for legal protection for workers, including outsourced workers. However, its implementation on campus has not been optimal. Various violations of workers' normative rights have been found, such as below-standard wages, lack of social security, violations of leave rights, and weak implementation of occupational safety and health (K3). The main factors contributing to weak legal protection include a lack of oversight by universities and the Department of Manpower, low legal awareness among workers and service providers, and a lack of internal complaint mechanisms within educational institutions. Effective legal protection not only ensures legal certainty but also realizes social justice and respect for human dignity, as embodied in the values of Pancasila and the ideals of national labor law.
DEFECTIVE AGREEMENTS IN FINTECH DIGITAL DEBT AND RECEIVABLE DEALS Karunia, Anggie; Ekawati; Maisyarah; Asyari, Fatimah
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2145

Abstract

This study examines the flawed agreement of will in digital fintech debt agreements by placing Article 1321 of the Civil Code as the basis for assessing the validity or invalidity of agreements in electronic contracts. This normative juridical legal research uses a statutory, conceptual, and, where relevant, case-based approach, by examining the Civil Code, LPBBTI regulations (including POJK 40 of 2024), the Personal Data Protection Law, as well as doctrine and literature regarding defects of will and abuse of circumstances. The results of the study indicate that digital fintech agreements are, in principle, still subject to the valid conditions of an agreement in Article 1320 of the Civil Code, so that the elements of agreement and the provisions on defects of will in Article 1321 remain applicable in technology-based contractual relationships. However, the textual formulation of Article 1321, which only mentions error, coercion, and fraud, does not explicitly cover modern forms of inequality that arise in the relationship between fintech platforms and debtors, such as urgent financial needs, standard digital contracts, information asymmetry, and economic dependence. In this context, the doctrine of abuse of circumstances (misbruik van omstandigheden) is relevantly positioned as a form of defects of will that allows for the cancellation or adjustment of an agreement when the debtor's consent is obtained through exploiting a weak or pressing situation. Strengthening sectoral regulations through POJK 40 of 2024 and personal data protection norms have indeed improved governance standards and administrative protection, but have not replaced the role of free will analysis in contract law. Therefore, this study concludes that Article 1321 of the Civil Code needs to be interpreted dynamically by incorporating abuse of circumstances as a basis for defective will in digital fintech agreements, in order to strengthen legal protection for debtors as the weak party in the technology-based financial ecosystem.