Claim Missing Document
Check
Articles

Found 27 Documents
Search

An Overview of Intellectual Property Rights as Waqf in Indonesia and Malaysia Yuswar, Cheryl Patriana; Runtung; Maulana, Insan Budi; Azwar, T. Keizerina Devi
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13781

Abstract

This paper aims to get an overview of Intellectual Property Rights as waqf in Indonesia and Malaysia. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. The findings reveal, both Indonesia and Malaysia permit IPR being waqf. Unfortunately, there are no implementing regulation or specific guidelines regarding how and what to waqf from IPR in both states. The absence of implementing regulation or guideline will have implication not only for confusion in the community, but also for the lack of applicability of IPR being waqf in the community.
Legal Certainty on the Regulation of Registration of Legal Entities in the Establishment of Village-Owned Enterprises in North Sumatra After the Enactment of the Copyright Law Namora*, Ola Fatimah; Siregar, Mahmul; Azwar, T. Keizerina Devi; Sukarja, Detania
Riwayat: Educational Journal of History and Humanities Vol 7, No 3 (2024): July, Educational and Social Issue
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v7i3.41124

Abstract

Village-Owned Enterprises (BUM Desa) are village economic institutions formed by the village government together with the community, based on laws and regulations and mutual agreements. The goal is to strengthen the village economy and improve community welfare. However, the status of Village BUM as a legal entity is still a matter of debate, especially after the birth of the Job Creation Law which changed the provisions in the Village Law related to the legal status of Village BUM. Article 117 of the Job Creation Law amends Article 87 of the Village Law, which was later clarified through the Village BUM PP, by emphasizing that Village BUM must be registered as a legal entity. This study uses a normative juridical method with a descriptive-analytical approach. Research data was obtained through literature studies and interviews, with qualitative analysis. The results of the study show that clearer arrangements regarding the legal status of Village BUM are urgently needed to fill the legal void and ensure legal certainty. Although the Job Creation Law and the Village BUM PP have affirmed the legal status of the Village BUM, there is still a legal vacuum related to the form of the Village BUM legal entity due to the non-recognition of the Village Regulation (Perdes) in the order of legislation. This has juridical implications in the form of legal uncertainty regarding the form of the legal entity of the Village BUM. Thus, further arrangements are needed to ensure professional governance of Village BUM and in accordance with the guidelines of laws and regulations.
Between Global Competition and National Justice: The Legal Protection Dilemma in Indonesia T. Keizerina Devi Azwar; Utary Maharany Barus
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 3 (2024): December : LITERACY : International Scientific Journals of Social, Education, H
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i3.3297

Abstract

This article examines Indonesia’s legal-protection dilemma amid intensifying global competition. Addressing a gap in prior literature that treats globalization’s legal effects descriptively, we evaluate the effectiveness of Indonesia’s legal protection through the lenses of legal certainty (Radbruch), distributive justice (Rawls), and institutional quality (North). Using a normative juridical method—statute, conceptual, and comparative approaches—our analysis of WTO-related disputes and domestic regulatory practice shows: First, persistent disharmony and overlap across trade, investment, and IPR regimes; Second, weak and uneven enforcement that erodes legal certainty; and Third, structural asymmetries in international fora impacting national justice goals. We propose targeted reforms: accelerated regulatory harmonization aligned with international commitments, capacity-building for trade-remedy and IPR enforcement, and calibrated safeguards for MSMEs within ASEAN and WTO frameworks. These steps reconcile competitiveness with national justice, strengthening Indonesia’s legal readiness in a globalized economy.
Economic Globalization and Legal Sovereignty: Who Owns Copyright in Indonesia? T. Keizerina Devi Azwar; Yati Sharfina Desiandri; Putri Rumondang Siagian
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.3310

Abstract

Economic globalization has increasingly shaped the field of intellectual property rights (IPR), transforming copyright protection from a domestic matter into a strategic tool of global trade. Through international instruments such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the Berne Convention of 1886, universal copyright standards are enforced across jurisdictions. Yet this harmonization generates tension between international obligations and national legal sovereignty. This article employs a juridical-normative method with doctrinal, case study, and comparative approaches to examine these dynamics. The case of Auld Lang Syne illustrates how public domain works evolve into shared cultural heritage, while the dispute of Ahmad Dhani v. Once Mekel reveals persistent enforcement challenges in Indonesia. Comparative analysis of the United States, United Kingdom, Japan, and Indonesia demonstrates divergences in copyright duration, derivative work protection, and exceptions such as parody. The article argues that Indonesia must ground its response to globalization of IPR in Pancasila and the 1945 Constitution, thereby ensuring that national copyright law is not merely a passive rule taker within the global system but an active framework that safeguards cultural identity and national interests.
PENGARUH GLOBALISASI EKONOMI TERHADAP REFORMASI HUKUM PERUSAHAAN DI ERA MODERN Azwar, T. Keizerina Devi; Desiandri, Yati Sharfina; Siagian, Putri Rumondang
Algebra : Jurnal Pendidikan, Sosial dan Sains Vol 5 No 2 (2025): ALGEBRA : JURNAL PENDIDIKAN, SOSIAL DAN SAINS
Publisher : Yayasan Amanah Nur Aman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58432/algebra.v5i2.1583

Abstract

Globalization has significantly transformed economic, political, legal, social, and cultural dimensions worldwide, including Indonesia as a developing country. The rapid development of information and communication technology has accelerated integration into global markets and posed both opportunities and challenges for national legal systems. This article analyzes the impact of economic globalization on corporate law reform in Indonesia using a normative legal research method with a literature review approach. The discussion highlights that globalization compels legal reform through institutional, instrumental, and cultural changes, particularly in corporate governance, investment, and intellectual property protection. Findings indicate that Indonesian corporate law must adapt to global standards while maintaining national identity and constitutional values based on Pancasila and the 1945 Constitution. Strengthening legal harmonization, ensuring legal certainty, and fostering responsive law are essential to optimize the benefits of globalization while safeguarding national economic interests.
MENGHADAPI GLOBALISASI EKONOMI: PANCASILA DAN KONSTITUSI 1945 SEBAGAI DASAR SIKAP INDONESIA Azwar, T. Keizerina Devi; Desiandri, Yati Sharfina; Siagian, Putri Rumondang
Algebra : Jurnal Pendidikan, Sosial dan Sains Vol 5 No 2 (2025): ALGEBRA : JURNAL PENDIDIKAN, SOSIAL DAN SAINS
Publisher : Yayasan Amanah Nur Aman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58432/algebra.v5i2.1586

Abstract

This research aims to address economic globalization based on Pancasila. This type of research is juridical research, drawn from a literature review. The results of this study conclude that Indonesia's most appropriate stance in facing economic globalization is to adhere firmly to the Pancasila ideology and the 1945 Constitution (especially the original text and the spirit of the economic articles therein) as the main guideline in all fields. Economic globalization is like a strong current that brings both opportunities and threats; to filter this current, Pancasila must be used as a filter and foundation in the formulation of every policy. Actively fighting for a just global economic order. A national stance does not mean isolation; Indonesia must instead participate in international forums to encourage reform of more balanced global rules. Thus, the ideals of Indonesian independence to contribute to creating world peace and social justice (the Preamble to the 1945 Constitution) can be realized. This stance is evident, for example, in Indonesia's support for WTO reform to take into account the interests of developing countries, and the G20 initiative for a fair global digital tax. Indonesia can be the moral voice of Pancasila in the midst of the global economic arena.
Pertanggungjawaban Pidana Penempatan Keterangan Palsu Pada Label Produk (Studi Kasus PT. Garam (Persero)). Silitonga, Hendra Septyan; Azwar, T. Keizerina Devi; Alsa, Abdul Aziz
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1588

Abstract

The case of PT. Garam (Persero) decided through Supreme Court Decision Number 36 K/Pid.Sus/2019 has become an important spotlight in criminal law discourse regarding liability for placing false information on food product labels. This normative juridical research examines three main aspects: the form of false information placement, the mechanism for proving the element of intent, and considerations in determining the subject of criminal liability in the case. The analysis shows that there is proven placement of false information in the form of stating that salt was produced in Sampang from local raw materials when in fact it originated from Australian imports and was produced in Gresik, violating Permendag No. 125/M-DAG/PER/12/2015. The element of intent has been fulfilled through proof of awareness, consequences of the action, and consciousness in performing the action by Managing Director Dr. Ir. R. Achmad Budiono, M.M. who was designated as the subject of criminal liability based on his position as the highest leader with the application of identification theory. However, there are critical arguments regarding the weakness of evidence and the existence of other salt products in the market with similar errors that were not prosecuted, raising questions about the selectivity of prosecution in this case.