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All Journal Abdimas Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Hukum Bisnis Bonum Commune Pena Justisia: Media Komunikasi dan Kajian Hukum Law Research Review Quarterly DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Yuridika Bacarita Law Journal Damhil Law Journal SASI Journal of Law and Legal Reform Jurnal Saniri
Hetharie, Yosia
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Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PENATAAN UMKM INDONESIA DI ERA DIGITAL YANG BERKEMANFAATAN HUKUM: PERBANDINGAN DENGAN TIONGKOK Hetharie, Yosia; Ikhwansyah, Isis; Rahmawati, Ema
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i2.1688

Abstract

The legal empowerment of Micro, Small, and Medium Enterprises (MSMEs) involves strategic policies aimed at enhancing the resilience and competitiveness of the MSME sector within a national legal framework. This encompasses aspects such as licensing, regulatory compliance, capacity building, market access, technological integration, financing mechanisms, and institutional collaboration among the government, private sector, and civil society. In the era of digital transformation, many Indonesian MSME owners face significant challenges due to limited capacity to adapt to rapid technological advancements, hindering their legal and commercial development. This research adopts a normative juridical method with a comparative legal approach, utilizing literature-based analysis to examine regulatory frameworks and institutional practices. As a contribution to strengthening the legal empowerment framework for MSMEs in Indonesia, this article offers a novel perspective by proposing a hybrid legal empowerment model that integrates Indonesia’s normative and principle-based legal tradition with a pragmatic, centralized governance approach as exemplified by China. It argues that legal empowerment for Indonesian MSMEs in the digital era cannot rely solely on deregulation or administrative simplification. Rather, a more comprehensive strategy is required—one that includes state-led legal facilitation, community-based digital legal literacy initiatives, and institutional redesign that systematically embeds MSMEs into the broader legal development agenda. This integrated model is proposed as a forward-looking framework to bridge Indonesia’s legal empowerment gap and to promote inclusive and sustainable growth of MSMEs within the digital economy.
Hybrid Model of Personal Data Protection for Consumers in Digital MSMEs: A Comparative Study of Indonesian and China Regulations Hetharie, Yosia; Ikhwansyah, Isis; Rahmawati, Ema; Soplantila, Valentino Dinatra
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22388

Abstract

The protection of consumers’ personal data in digital MSME (Micro, Small, and Medium Enterprises) businesses poses a significant challenge in the era of digital transformation, particularly amid the rising cases of data breaches in Indonesia. Although Law No. 27 of 2022 on Personal Data Protection (PDP Law) has come into effect, its implementation still faces numerous obstacles, especially for MSMEs that are limited in terms of resources and technological understanding. By comparison, China, through its Personal Information Protection Law (PIPL), enforces strict supervision combined with AI-driven compliance technologies. This study aims to analyze the effectiveness of personal data protection frameworks in Indonesia and China and to propose a hybrid model that integrates government regulations with technological solutions. The research employs a normative juridical method using statutory, conceptual, and comparative law approaches, relying on secondary data such as regulations, academic journals, and policy documents. The findings indicate that adopting a hybrid model for the protection of consumers’ personal data in digital MSME businesses could serve as an effective solution. This model merges a compliance-based approach, as adopted under Indonesia’s PDP Law, with the strict oversight mechanisms implemented under China’s PIPL. By adapting mechanisms such as mandatory registration, periodic audits, and technology-based compliance incentives, Indonesia could enhance transparency, accountability, and data security within its digital MSME ecosystem.
Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression Berlianty, Teng; Hetharie, Yosia; Putri Anggia
Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i1.48389

Abstract

This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.
Legal Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection Kuahaty, Sarah Selfina; Hetharie, Yosia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4063

Abstract

This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.
Co-Authors Akyuwen, Rory Jeff Balik, Agustina Berlianty, Teng Ema Rahmawati Hetharie, Yared Isis Ikhwansyah Kuahaty, Sarah Selfina Lainsamputty, Natanel Novyta Uktolseja Ronny Soplantila Soplantila, Valentino Dinatra Tjoanda, Merry