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All Journal JURNAL ILMIAH ADVOKASI Mulawarman Law Review Jurnal Analisis Hukum Banua Law Review Jurnal Fundamental Justice Notary Law Journal Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga LamLaj Lex Scientia Law Review Ipso Jure
Asufie, Khairunnisa Noor
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Industrial Design Rights Protection in Supreme Court of Indonesia Number 1865 K/PDT.SUS-HKI/2022 Based on The Principle of Novelty and The Principle of Good Faith in Law Number 31 of 2000 Mardiana; Rahmadina, Adji Annisa; Asufie, Khairunnisa Noor
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.36

Abstract

This study examines the Analysis of Industrial Design Rights Protection in the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022 as mandated by Law No. 31 of 2000 concerning Industrial Designs. The main issue discussed is the application of the principles of novelty and good faith in the legal protection of industrial designs, as well as how the court applies these principles in its judgment. The purpose of this research is to analyze the urgency of applying the principles of novelty and good faith to maintain a balance between the exclusive rights of design owners and the public interest, and to assess the consistency of the Supreme Court in upholding justice and legal certainty within the field of intellectual property rights. The research employs a normative (doctrinal) legal method using statutory, conceptual, and case approaches based on the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022. The data consist of primary, secondary, and tertiary legal materials, including legislation, academic literature, and relevant jurisprudence. The results show that novelty is an essential requirement for obtaining legal protection over industrial designs, while good faith serves as both a moral and juridical filter to prevent the misuse of rights by unqualified parties. The Supreme Court emphasized that legal protection is granted only if the design is genuinely new, aesthetically valuable, and registered with honesty and legitimate intention. The study concludes that the principles of novelty and good faith hold fundamental importance in Indonesia’s industrial design legal system. Both serve as the core foundation in determining the validity of registration and protection of industrial designs. The study recommends strengthening technical regulations and enhancing substantive examination by the Directorate General of Intellectual Property (DGIP) to ensure that industrial design protection becomes more effective, fair, and responsive to the growth of the creative industry.
Konsep Pengaturan Karya Animasi dalam Era Artificial Intelligence Hasanudin, Yulita Erika; Kuspraningrum, Emilda; Asufie, Khairunnisa Noor
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

This study aims to examine the legal status of animated works in Indonesia and to formulate a regulatory framework for animation in the era of Artificial Intelligence. The background of this research is based on the increasing circulation of anomalous AI-generated animated content containing violence and violations of moral norms, particularly on the TikTok platform, which has the potential to disrupt children’s development. This study employs a doctrinal legal research method using a statutory approach and a conceptual approach. The findings indicate that the current positive law regime has not provided clear and explicit normative regulation regarding the production and distribution of AI-based animated works, nor has it established juridical limits on the use of AI in the animation creation process. This legal vacuum has resulted in ineffective supervision and takedown mechanisms by Electronic System Providers and the Government, allowing such harmful animated content to continue circulating widely. This study emphasizes the urgency of establishing specific regulations in Indonesia to restrict the use of AI and to classify animated works as one of the legal objects subject to regulation, to strengthen supervision of AI-generated animated works that pose risks to children, and to clarify responsibility for preventing the dissemination of animated content that violates moral norms.
Co-Authors Agustina, Gina Al Banjari, Muhammad Akbar Al Hidayah, Rahmawati Andiki, Garin Bintang Aryo Subroto Asufie, Hanifah Noor Atriani, Dewi Denya, Nazywazahra Prameswari Dwinindita, Aldira Emilda Kuspraningrum Grizelda Grizelda Haris Retno Susmiyati Hasanudin, Yulita Erika Impron, Ali Kalen Sanata Irma Suriyani MARDIANA Masyita, Nuriah Musa, Norsuhaida Che Nugroho, Sulung Nur Aripkah Pranata, Purba Wendy Rachmadi Usman, Rachmadi RAHMADINA, Adji Annisa Regita, Pramestya Reza Pramasta Gegana Sadrianor, Sadrianor Shabrina, Qatrunnada Assyifa Suriadi, Lilis Mutiara Wiwik Harjanti Yulia Qamariyanti Yuliana, Rahma