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All Journal Unram Law Review Syntax Literate: Jurnal Ilmiah Indonesia Unes Law Review Jurnal Yuridis PALAR (Pakuan Law review) Indonesian Journal of Multidisciplinary Science Indonesian Notary Jurnal Hukum dan Pembangunan Technology and Economics Law Journal
Marlyna, Henny
Program Studi Magister Kenotariatan Fakultas Hukum Universitas Indonesia Jl. Prof. Mr Djokosoetono, Pondok Cina, Kecamatan Beji, Kota Depok, Jawa Barat 16424
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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Comparative Analysis between the United States and Indonesia Regarding Product Liability of Food and Beverage Tenants within the Tourism Industry Utomo, Shadrina R. T.; Marlyna, Henny; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Abstract

This research analyzes on how the laws in Indonesia and Florida, United States (U.S.) regulate the product liability of tourism entrepreneurs, whether as the food and beverage tenant within the tourism area or as the tourism operator, who have caused tourists to suffer from food poisoning. The Law Number 10 Year 2009 concerning Tourism the obligation for tourism entrepreneurs in providing insurance is only for high-risk tourism businesses. Tourism entrepreneurs in Indonesia have made various safety measures by fulfilling the sanitation and hygiene requirements, and preparing medical protocols. Meanwhile in Florida, tourism entrepreneurs have added accessibility efforts for tourists with special dietary needs, such as food allergies. The product liability in Law Number 9 Year 1999 contains the reversed burden of proof element. Meanwhile, the product liability in the 2024 Florida Statutes has two theories which are the strict liability or negligence. This article concludes that there needs to be a specific regulation for food and beverage tenants within the tourism area in providing compensation for tourists who suffered from food poisoning, and an apportionment of damages for every party liable for the injury.
Praktik Ethical Hacking Untuk Menjamin Keamanan Sistem Sebagai Upaya Mewujudkan Keamanan dan Kerahasiaan Data Pribadi: Studi Komparasi Pengaturan Indonesia dan Kanada Prabhaswari, Amaraduhita Laksmi; Marlyna, Henny; Anggraini, Ayu Galuh
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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In the digital era that is increasingly integrated with electronic systems and technology, issues related to the security and confidentiality of personal data have become a crucial issue, especially in the midst of the increasing number of cyber attacks. The urgency of this protection is increasingly urgent along with the complex use of technology by PSE, both public and private. The practice of ethical hacking by contract based or policy-based emerged as a proactive effort in identifying and addressing security gaps in a system. Although in Canada this practice has been recognized as part of national security policy (RVDP), Indonesia has not yet regulated and opened the policy (/VVIP) to the public. This research aims to analyze ethical hacking arrangements in Indonesia and Canada including protection policies for ethical hackers, both certified and voluntary. The method used is doctrinal research with the approach of existing legislation and policies, and supported by interview data from credible sources. The results show that although Canada and Indonesia both have such policies, Canada's policy is nationally applicable and open as a form of collaboration between the government, PSEs, and ethical hackers, and provides more guaranteed protection for them. Meanwhile, in Indonesia, the policy is still an internal regulation of an institution that is not applicable and binding for the wider community.
Pelindungan Hukum Bagi Konsumen Dalam Menyampaikan Ulasan Atas Suatu Produk Melalui Platform Media Sosial Naufal, Daffa Rizqy; Marlyna, Henny; Mahardika, Zahrashafa Putri
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Product reviews on social media have become an essential source of information for consumers and play a significant role in building trust in businesses. However, negative reviews often lead to legal disputes, particularly concerning allegations of defamation under Article 27 paragraph (3) of the ITE Law. This study examines legal protections for consumers in expressing reviews, focusing on the right to freedom of expression as guaranteed by Articles 28E paragraphs (2) and (3) and Article 28F of the 1945 Constitution, Law No. 39 of 1999, Law No. 12 of 2005, Article 19 of the UDHR, and the ICCPR. Additionally, Article 4(d) of the Consumer Protection Law recognizes consumers’ rights to express opinions and complaints. Using a doctrinal method, the study reveals inconsistencies in legal practice. The Supreme Court Decision No. 6057 K/Pid.Sus/2022 protects fact-based criticism, while the North Jakarta District Court Decision No. 1265/Pid.Sus/2023 criminalizes reviews deemed defamatory. The study highlights the importance of educating consumers on responsible expression and the need for more consistent regulations to balance freedom of expression and reputation protection in the digital era.
ANALISIS PERLINDUNGAN TATA RUANG TOKO SEBAGAI SUBJEK MEREK TIGA DIMENSI DI INDONESIA Rebecca, Aicha Grade; Marlyna, Henny
Jurnal Yuridis Vol 12 No 1 (2025): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v12i1.10477

Abstract

In line with the development and the trend of Creative Economy business in Indonesia, the creation of business that are “Design Centric” by nature or having an orientation towards aesthetic design are flourishing, specifically lifestyle business who invested their time and money to build store layout that could be a brand signifier on the business that they have. Although, until now there are still a legal polemic in relations of which Intellectual Property (“IP”) Object that are suitable to protect store layout that include Three Dimensional Marks, Industrial Design and Copyright in protecting store layout. This Journal would analyze the concept of store layout, and the existing legal framework that have been enacted to protect store layout overseas, especially those relating to three dimensional marks. After that, this Journal would analyze the legal inconsistencies between the law of Trademarks, Industrial Design and Copyright in protecting store layout. The usage of qualitative descriptive analysis will be used to have perspective in relations about this phenomena, especially those from chosen regulators. At the end of the Journal, the writer’s hope that there will be an understanding of the problem of store layout protection based otn the existing system in Indonesia. Furthermore, the writers also hope that it will lead to the best available solution to fix the effectivity of legal protection of store layout as three dimensional marks subject.
Co-Authors Agnefia Elisia Sahertian Anggraini, Ayu Galuh Annisa Saraswati Aryani Sinduningrum Desy Natalia Fully Handayani Inosentius Samsul Jantera, Annisa Lintang Mahardika, Zahrashafa Putri Muhammad Ilham Muhammad Muharromi Nabila Mazaya Putri Naufal, Daffa Rizqy Prabhaswari, Amaraduhita Laksmi Rebecca, Aicha Grade Ridwan, Fully Handayani Shinta Oktaviani Sinduningrum, Aryani Tarmum, Hasbi Theresa, Gita Utomo, Shadrina R. T. Yosi Esa Hadi Saputra