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Journal : Jurnal Independent

Legal Regulations Regarding Online Donation Management Through Platforms Nayasari, Dhevi; M. Yanto; Muhibbulloh, Muhammad Za'im; Melvi, Ardita
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.391

Abstract

The development of digital technology has driven changes in various aspects of life, including in fundraising activities or online donations which are now widely carried out through various digital platforms, but this convenience also poses challenges in legal protection, transparency and accountability of donation management. Along with technological advances, fundraising activities can now be done via the internet. In this online donation process, donations given by donors are not directly received by the beneficiaries, this opens up opportunities for Platform organizers and Campaigners to commit acts of misuse of funds. Therefore, this study will discuss how the legal regulations regarding the management of online donations through platforms and how legal sanctions are imposed on platforms for embezzlement of online donation funds in Indonesia from the perspective of civil law, criminal law and government supervision of online fundraising activities. This study uses a normative legal method, is descriptive analysis, with a statutory approach. The results of the study show that; online donation management is regulated in general regulations, the legal materials used are primary legal materials including: Law Number 9 of 1961 concerning the collection of money or goods, Law Number 11 of 2008 concerning transactions and electronics, Law Number 15 of 2002, Law Number 27 of 2022, Government Regulation Number 29 of 1980 and Regulation of the Minister of Social Affairs Number 28 of 2021. These regulations have not fully regulated specifically regarding online donations. Meanwhile, legal sanctions for misuse of funds from online donations through platforms include civil and administrative criminal sanctions in accordance with Article 372 of the Criminal Code and Article 1365 of the Civil Code.
Legal Liability for Prestige Brand Parody for Ads Nayasari, Dhevi; Nabilah, Wardatun; Tjahjani, Joejoen; Agustin, Velinsia Cindy
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.409

Abstract

Parody of prestige brands in the context of commercial advertising has sparked complex legal debates, particularly regarding the boundary between freedom of expression and trademark protection. Prestige brands, as brands with a high reputation and strong symbolic value, are vulnerable to forms of exploitation that can harm their image and economic value. Based on the background above, the author proposes the following problem formulation: first, what is the legal responsibility of parody advertisers towards prestige brands? And second, how is the legal protection of prestige brands that are parodied for advertisement purposes? This research employs a normative legal type, with a statutory approach. The legal materials used are primary legal materials including: Law Number 20 of 2016 concerning Brands and Geographical Indications, and Law Number 28 of 2014 concerning Copyright. From the research results, it can be concluded that: the use of famous brands in parodies is not automatically protected by freedom of expression if the purpose is commercial and can mislead consumers. The perpetrators of the parody can be held legally accountable if the parody causes damage to the owner of the prestige brand, even though parody is a form of freedom of expression, its use must heed legal provisions so as not to violate the exclusive rights of the brand owner. The owner of the prestige brand has the right to demand the cessation of violations and compensation for the economic and moral damages incurred.