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All Journal LAW REFORM Journal of SouthEast Asian Human Rights International Journal of Artificial Intelligence Research Cepalo Indonesian Journal of International Law Indonesia Law Review (ILREV) Jurnal Hukum dan Pembangunan
Edmon Makarim
Universitas Indonesia
Arts Humanities Computer Science & IT Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Online Piracy and Copyright Protection Through Internet (A Critical Review For The Intellectual Rights and Obligations Balance Makarim, Edmon
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2247.929 KB)

Abstract

Internet as a new communication medium, is the result the information and communication technology convergence, which came in the form of an electronic system. In the intellectual property rights perspective especially in copyright context, an intellectual creation is protected as one’s property (a bundle of rights) that includes moral rights and economic rights. IPR protection paradigm actually dominated by private communication paradigm, so any communication of the intellectual work is the author's rights. Meanwhile, paradigm in the Internet is a mass communication, so the delivery and retrieval of any information communicated on the Internet is considered as the rights of every human being. These differences seemed lead to the ineffectiveness of any attempt to restrict copying or access to the use of a digital work.
CYBER TERRORISM PREVENTION AND ERADICATION IN INDONESIA AND ROLE AND FUNCTIONS OF MEDIA Makarim, Edmon
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The objective of terrorist is to create widespread fear to the society. This issue has then direct or indirect influent to the role of print and electronic media. Nowadays, the terrorist acts are carried out not only with physical violence but also by non-physical means through the medium of internet as a global communication. The main question is, whether terror groups could be protected as part of the freedom of expression. This article discusses mainly on the prevention and eradication of cyber terrorism in Indonesia and its relations to the role and function of Media.
IMPLICATIONS USING ELECTRONIC STAMP DUTY AUTHENTIC AS PROOF OF ELECTRONIC DOCUMENTS IN INDONESIA Febia Salwa Pandora; Edmon Makarim
Cepalo Vol 6 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no2.2722

Abstract

The rapid development of the times affects all aspects of life. In this digital era, government regulations must also follow the flow of changes, including stamp duty. In 2020, the Minister of Finance, Sri Mulyani, inaugurated the e-Material. This electronic stamp duty issuance raises questions about its implications for its use as proof of document authenticity. This study aims to explain the use of e-stamp as a means of proving their authenticity and provide answers to their benefits to the community. This research uses a normative method through searching regulations and applicable regulations and synchronizing existing research data with applicable laws. The implementation of the stamp duty system is still preserved in Indonesia even though the  Netherlands itself, as the originator, has not implemented the system for a long time. Trough stamp duty  has a budgetary function and a document authentication function, there are still many shortcomings in the authentication function. The absence of recording information regarding the purchaser of stamp duty, identity, and description of what documents are attached creates ineffectiveness on the authenticity proof function. In contrast, the later proves that system in Indonesia is still not qualified, and it is sufficient to say that the sealing system must apply the rules of information security law.
PENYELENGGARAAN COMMUNITY CERTIFICATION AUTHORITY UNTUK PENGAMANAN SUMBER DAYA INTERNET OLEH KOMUNITAS UNTUK KESIAPAN ASEAN REGIONAL E-COMMERCE Makarim, Edmon
Jurnal Hukum & Pembangunan Vol. 45, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia should immediately establish a public key infrastructure to facilitate the use of digital signatures by the public, in particular to facilitate the public service. This is to accommodate the growing practice of the network reliability (web of trust) and multi-identity. To embody Community CA Indonesia, necessary legal research tinged with shades of interdisciplinary. Train of thought that the background for this research topic selection is the gap between law and technology dynamics, especially in the implementation of electronic security systems. Generally arranged that each Trust Services Providers have the responsibility and legal obligations are adhered to the imposition of proof. Technically the term Community CA does not have a standardized definitions, but usually addressed to the implementation of the CA to the benefit of both communities is done by giving a certificate for free or paid and technically embrace web-trust application
Legal Antinomy in Exercising Civil Rights of Persons with Disabilities in Notarial Activities: Lessons Learned from Indonesia Sendrawan, Tjhong; Agustina, Rosa; Makarim, Edmon
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.44270

Abstract

This paper addresses the legal antinomy present in the exercise of civil rights for persons with disabilities (PWD) in notarial activities in Indonesia. The conflict arises between the need for legal certainty, as required by national laws, and the obligation to provide equal justice and access for PWD, as mandated by the Convention on the Rights of Persons with Disabilities (CRPD). Key provisions of the Indonesian Notary Law, particularly the Notary Law Amendment of 2014, impose barriers that hinder PWD from fully exercising their civil rights. These issues highlight the lack of clear guidelines for notaries in accommodating PWD, resulting in legal uncertainty and potential discrimination. This paper proposes legal reforms and emphasizes the need for notaries to act as facilitators of justice, ensuring equal access to civil rights for PWD in line with international human rights standards. The study employs a doctrinal legal research method, conducting literature reviews of various primary, secondary, and tertiary legal materials, such as an international convention, notary laws, books, journals, dictionaries, and research papers published relevant to the topic.  This article limits the analysis of human rights of PWD to their access of civil rights services provided by a notary. A notary needs to understand and carefully make legal judgment when providing advice and drawing up notarial acts under various circumstances involving disabilities. In the end, this paper acknowledges a significant finding that Article 16 paragraph (1) letter (c), Article 42 paragraph (2) and paragraph (3), and Article 43 paragraph (3) of the Notary Law Amendment of 2014 currently hinder the exercise of civil rights of PWD. This paper offers both theoretical and empirical contributions to the ongoing discussion and presents perspectives from the Indonesian Constitutional Court Judgement Number 93/PUU-XX/2022, which amends the provisions of Article 433 Indonesian Civil Code and argues for the importance of a specific understanding and guidelines on this issue. Keywords: Access to Justice, Disability Rights, Equality, Human Rights Model, Notary Acts
Digital Government Post-Reform in Indonesia: Normative Developments and Implementation by State Organizing Institutions Setyawan, Yhannu; Erliyana, Anna; Makarim, Edmon; Sjarif, Fitriani Ahlan; Dewi, Lia Riesta; Sukma, Ahmad Novindri Aji
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.68556

Abstract

Digital development has had a positive impact on public services; however, it has also introduced various legal challenges. This study aims to examine the direction of policy, legal preparedness in Indonesia, and the participatory role of Indonesian society in the digital sphere, particularly in relation to the development and implementation of Digital Government in Indonesia since the post-1998 reform era. This research employs a normative legal methodology, focusing primarily on secondary legal sources.The analysis reveals that the implementation of Digital Government in Indonesia following the reform period remains hindered by sectoral egos, leading to a lack of integration among state institutions in enhancing public services through the Digital Government framework. The study concludes that there is an urgent need for the establishment of a dedicated law on Digital Government, as well as the creation of a specialized state institution responsible for regulating, implementing, and evaluating Digital Government initiatives in Indonesia. Such measures are essential to ensure that public services are delivered in an efficient, accountable, transparent, fast, accessible, and cost-effective manner.
Governance for Handling Fake News: Structural Modeling Approach Andriansyah, Azis; Makarim, Edmon; Sucahyo, Yudho Giri; Setyobudi, Chairul Muriman
International Journal of Artificial Intelligence Research Vol 7, No 1.1 (2023)
Publisher : Universitas Dharma Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v7i1.1.1105

Abstract

The main aim of this research was to evaluate the effectiveness of government intervention in addressing the issue of Internet-based fake news, which poses a significant threat to national security. The study utilized statistical methods and employed a survey approach to gather data from a sample population. Simple random sampling was used as the sampling technique, and interviews were conducted with selected individuals who had relevant insights from organizations such as the national police, BSSN, Kemenkominfo, and BIN. The collected data was analyzed using the Partial Least Square (PLS) model with the assistance of the WarpPLS package.The findings of the study indicated a strong correlation between effective governance in combating the spread of fake news and the enhancement of national resilience. This implies that implementing robust and strategic governance practices is crucial for fostering a resilient nation. The study emphasizes the importance of government intervention in countering Internet-based fake news to protect national security. By addressing this issue effectively, governments can contribute to the overall resilience of the nation. The research highlights the significance of proactive measures and informed decision-making in tackling the challenges posed by fake news in the digital era
Optimizing the Role of Notaries in Digital Property Inheritance: A Comparative Legal Analysis Sendrawan, Tjhong; Agustina, Rosa; Makarim, Edmon; Nefi, Arman; Ipfelkofer, Josephine Rus Indra Sapti
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance issues from a notarial perspective. This study conducts a thorough analysis of digital property under inheritance law and how notaries should play a role in digital inheritance matters. A method of doctrinal legal analysis of current national and international laws and regulations pertaining to digital property succession is also employed, as well as comparative legislative studies examining proposed policies across jurisdictions to garner real-world insights into the operational challenges, emerging practices, and pragmatic considerations surrounding notary participation in digital inheritance procedures. Updating inheritance laws to address the transfer of digital property is crucial to protect the rights and interests of individuals, promote legal certainty, and ensure that these valuable assets are properly accounted for and transferred to rightful heirs or beneficiaries. The law of property in the Indonesian Civil Code needs to be immediately adjusted to the development of the digitalization era. This article suggests optimizing the role of notaries to create authentic deeds on digital property inheritance. Keywords: Digital property, inheritance, notary, will.
Co-Authors Andriansyah, Azis Anna Erliyana Dewi, Lia Riesta Febia Salwa Pandora Ipfelkofer, Josephine Rus Indra Sapti Muhammad Ibrahim Brata Nabilla Arsyafira Nefi, Arman Rosa Agustina Sendrawan, Tjhong Setyawan, Yhannu Setyobudi, Chairul Muriman Sjarif, Fitriani Ahlan Sucahyo, Yudho Giri Sukma, Ahmad Novindri Aji