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All Journal DiH : Jurnal Ilmu Hukum Lex Journal : Kajian Hukum dan Keadilan Journal of Progressive Law and Legal Studies Journal of International Multidisciplinary Research
Yovan Iristian
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Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PENERAPAN PERBUATAN MELANGGAR HUKUM DALAM RANGKA MEMBERIKAN PERLINDUNGAN HUKUM ATAS LAGU RAKYAT “TILLO-TILLO DAN ALATIPANG” Iristian, Yovan
DiH: Jurnal Ilmu Hukum Vol 8 No 15 (2012)
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v8i15.258

Abstract

ABSTRACTThe policy to determine the copyright holder on the song unknown its creator according to the Copyright Acts in Indonesia is performed by the State, in which the State holds that copyright consistently based on article 11 paragraph (3) of the Acts Number 19 of 2002 about copyright. The copyright is held by the State and to be the collective property. The protection period is without period of time or unlimited, in which the state is holding the copyright consistently. In Indonesia, the period of time for copyright protection generally is along the life of its creator plus 50 years or 50 years after for the first time it notified or published. This case conducted recalled the developments in trade, industry, and investment fields already such rapid, until need the protection increase for the Creator and Owner of the Related Right by keep pay attention to the vast society interest. The efforts reached for the law enforcement to the infringement to copyright on the song whose creator is unknown is by performing law enforcement based on the Acts Number 19 of 2002 about the copyright in Indonesia. In Chapter XII it is arranged that, the law enforcement on copyright is performed by the copyright holder in the civil law, but there is also the criminal law side.Key Words: Creator, Song Copyright
Pursuit of Fairness: Human Rights and Social Justice in Indonesia's Legal Landscape Iristian, Yovan
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i01.530

Abstract

This study thoroughly examines how human rights protection and the pursuit of justice intersect within the framework of Indonesia. Considering the nature of society, this research critically analyzes the complex challenges that hinder equal rights for all citizens. The focus is on exploring the mechanisms embedded in the Indonesian system that aim to safeguard and advocate for fairness. This study delves deeply into addressing and rectifying social justice issues within this context. Using a methodology that combines analysis with empirical research, this research uncovers the intricate complexities and contradictions in the legal landscape. Tracing the evolution of jurisprudence and legislative efforts sheds light on milestones and obstacles toward fairness and equity. The objective of this research is to contribute insights to discussions regarding human rights and social justice offering a nuanced understanding of both challenges faced and advancements made within Indonesia's legal system. Ultimately it aspires to provide recommendations to policymakers, legal professionals, and stakeholders to create an environment that unwaveringly upholds human rights while fostering social justice for all segments of Indonesian society.
Freedom of Speech as a Pillar of Equality in Indonesia in The Context of Constitutional Law Yovan Iristian
Journal of International Multidisciplinary Research Vol. 2 No. 2 (2024): Februari 2024
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/crdxyx50

Abstract

The important role of freedom of expression as a basis for equality, especially within the framework of constitutional law, is very important in Indonesia. This research uses normative juridical qualitative methods to obtain a comprehensive understanding of the legal aspects that regulate freedom of expression in the country. Recognized as an essential human right, freedom of expression is explicitly protected by the 1945 Constitution of the Republic of Indonesia. The focus of this research is to examine the legal norms governing freedom of expression, which include provisions such as Article 28E paragraph (3) and Article 19 of the Constitution 1945, as well as other statutory regulations. The research results show that freedom of expression is recognized as an inalienable right by the state and is one of the foundations for the realization of a just and democratic society. Although freedom of expression is guaranteed by the constitution, this research also highlights the obstacles and challenges in its implementation. In Indonesia, challenges arise in navigating diverse interpretations of freedom of expression, with concerns about potential exploitation by entities harming public interest. Striking a balance between freedom of expression and societal stability/security is deemed crucial. The research aims to better understand the complexity of freedom of expression within the country's constitutional law and its role in promoting equality. This research aims to find useful insights for creating better policies. These policies should strike a good balance between individual freedom and public interest, ultimately fostering a fair and democratic society.
Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia Iristian, Yovan
Journal of International Multidisciplinary Research Vol. 2 No. 3 (2024): Maret 2024
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr390

Abstract

Within the context of the Indonesian legal system, this study investigates the crucial function that judicial review plays in ensuring that administrative procedures are lawful and that justice is served. This study sheds light on the techniques, processes, and issues that are involved with judicial review in relation to administrative acts. It does so by conducting a comprehensive analysis of judicial decisions, legal precedents, and legislative frameworks. The paper provides an in-depth analysis of the development of judicial review in Indonesia, following its historical progression and analysing the current state of affairs. Through an in-depth analysis of administrative decisions, it examines the role that the court plays in ensuring that administrative procedures are valid, preserving a system of checks and balances, and protecting fundamental rights. The impact of judicial review on administrative institutions and the legal landscape is also investigated in this study. Particular attention is paid to the role that judicial review plays in promoting openness, accountability, and adherence to the rule of law for administrations. The purpose of this research is to give useful insights into the efficient operation of Indonesia's administrative governance and the improvement of justice in administrative procedures. This is accomplished by casting light on the junction between judicial review and administrative law.
The Dynamics of Checks and Balances in the New Administration: Safeguarding the Integrity of the Judiciary in Achieving Substantive Justice Kartini, Dwi; Alpiana, Depi Angga; Iristian, Yovan
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): In Progress
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.12036

Abstract

This research examines the critical tension between executive expansion and judicial independence within the context of the 2024 general elections and the emergence of new administrations globally and in Indonesia. Utilizing a normative-legal and comparative approach, the study analyzes the phenomenon of "autocratic legalism," where legal instruments are strategically repurposed to consolidate political power, thereby threatening the traditional framework of checks and balances. The findings indicate a significant global regression in democratic standards, with a 67% "fatality rate" for autocratizing democracies and a measurable decline in judicial constraints on executive power in 61% of nations. In Indonesia, the 2024 transition highlighted structural vulnerabilities in the Constitutional Court, particularly regarding ethical dilemmas and the "judicial capture" of candidate eligibility requirements. The article further explores the paradigm shift from proceduralism to substantive justice, arguing that the realization of equitable outcomes requires judges to adopt a "Justice as Fairness" approach, rooted in natural law and human rights, to balance the inherent power asymmetry between the state and its citizens. The study concludes that safeguarding judicial integrity requires institutional reforms including transparent appointment mechanisms, budgetary autonomy, and a progressive interpretive framework that transcends formalistic legal positivism.
A Comparative Analysis of Government Systems: A Theoretical Study of Presidential, Parliamentary, and Indonesia’s Sui Generis Constitutional Dialectic Systems Pracoyo, Ogi; Bahar, Reza Anggara; Iristian, Yovan
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): In Progress
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.12058

Abstract

This research examines the complex dynamics of global governance models through a comparative lens, focusing on the fundamental dichotomy between presidential and parliamentary systems and the unique constitutional evolution of Indonesia. The primary objective is to analyze the structural efficacy, accountability mechanisms, and stability profiles of these systems in the context of contemporary democratic challenges such as the rise of populism and institutional erosion. Utilizing a normative juridical and comparative qualitative methodology, the study synthesizes constitutional provisions, recent Scopus-indexed literature (2020-2025), and landmark judicial decisions to provide an expert-level evaluation of institutional design. The findings reveal that while parliamentary systems excel in representativeness and collective responsibility through executive-legislative fusion, they often struggle with coalition instability. Conversely, presidential systems offer executive stability through fixed tenure but face risks of polarization, gridlock, and power concentration. Indonesia's system is identified as a "sui generis" model—a product of constitutional dialectics that attempts to purify the presidential executive while operating within a hyper-pluralistic multi-party environment. The research highlights the pivotal role of the Indonesian Constitutional Court in shifting the national priority from "governability" to "representativeness" through Decision No. 62/PUU-XXII/2024. The study concludes that the effectiveness of a government system is inherently tied to its cultural and historical context, requiring continuous institutional engineering to balance executive power with democratic inclusivity.
Co-Authors Alpiana, Depi Angga Bahar, Reza Anggara Dwi Kartini, Dwi Pracoyo, Ogi