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All Journal JURNAL MAGISTER HUKUM UDAYANA NOTARIUS Arena Hukum Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Rechtsidee JURISDICTIE Jurnal Hukum dan Syariah Sriwijaya Law Review Jurnal Akta Pena Justisia: Media Komunikasi dan Kajian Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Indian Journal of Forensic Medicine & Toxicology International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance IBLAM Law Review Jurnal Multidisiplin Madani (MUDIMA) East Asian Journal of Multidisciplinary Research (EAJMR) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika Indonesia Law Reform Journal (ILREJ) Warkat Nuansa: Jurnal Penelitian Ilmu Sosial dan Keagamaan Islam Jurnal Ilmiah Kebijakan Hukum
Yenny Eta Widyanti
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Public Health Social Sciences Other

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THE LEGAL STATUS OF ARTISTIC WORKS CREATED BY GENERATIVE ARTIFICIAL INTELLIGENCE FROM THE PERSPECTIVE OF INDONESIAN COPYRIGHT LAW Made Ardia; Yenny Eta Widyanti; Djumikasih
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4486

Abstract

The development of Generative Artificial Intelligence (AI) has produced new forms of artistic works that generate uncertainty within Indonesia’s copyright law regime. Law Number 28 of 2014 on Copyright continues to position humans as the sole legal subjects eligible to be recognized as authors, thereby rendering works created entirely by AI unable to satisfy the requirements of originality and human authorship. The disparity between technological advancements and existing legal norms has resulted in regulatory gaps, particularly concerning the legal status of copyright holders and the scope of legal protection for generative AI based artistic works. Through normative juridical research, this study examines the necessity of legal reconstruction to accommodate this phenomenon without disregarding the foundational principles of copyright protection. The findings indicate that human intellectual contribution remains the essential basis for recognizing artistic works assisted by generative AI, while current regulations have yet to provide adequate legal certainty. Therefore, regulatory reforms that are adaptive and humanistic are required to ensure that legal protection remains relevant and equitable in the era of generative AI development.
IMPLEMENTATION OF LEGAL RESPONSIBILITY OBJECTIONS TO SIMPLE LAWSUITS TO ACHIEVE JUSTICE Dian Novita; Yenny Eta Widyanti; I Made Sukadana
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4541

Abstract

This study examines the implementation of legal remedies for objections in small claims lawsuits at the Manado District Court based on PERMA No. 2 of 2015 in conjunction with PERMA No. 4 of 2019. The problem formulations include: (1) how to apply objections in small claims lawsuits; and (2) what efforts are made to realize justice in this mechanism. The study uses a socio-legal/juridical sociological approach by combining analysis of written legal norms and empirical data through literature studies, decision analysis, and interviews with judges and judicial officials. The results of the study indicate that procedurally and structurally, the objection mechanism at the Manado District Court is basically in accordance with the provisions of PERMA, both regarding procedures and deadlines, so that the principles of simplicity, speed, and low cost are relatively achieved. However, the justice realized is more prominent in the procedural aspect than in the substantive, especially for parties who are not accompanied by legal counsel and have difficulty compiling a legal objection memorandum. The study concludes that the main challenge lies in the legal culture and capacity of the actors, so that it is necessary to increase socialization, legal literacy, legal assistance, and technical guidelines so that objections in small claims are more effective and just.
LEGAL PROTECTION FOR BANKS AGAINST NON-CERTIFIED LAND COLLATERAL Dina Mardiana; Yenny Eta Widyanti; Reka Dewantara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4963

Abstract

This study examines legal protection for banks in facing bad loans with non-certificate land as collateral, particularly in the context of distributing Working Capital Credit (KMK) to MSMEs. In banking practice, non-certificate land such as girik, petok D, or segel is still widely used as collateral even though it does not meet the formal requirements as an object of Mortgage Rights as regulated in Law Number 4 of 1996. This condition creates vulnerability for banks as creditors, because non-certificate land documents only function as proof of control, not proof of rights, so they do not have executorial power. This study uses a normative juridical method with a statutory and conceptual approach to examine the gap between positive law and banking practice. The results show that preventive legal protection for banks is reflected in the provisions on collateral assessment, the bank's obligation to apply the principle of prudence, and the bank's internal regulations regarding credit risk mitigation. Repressive legal protection is realized through legal remedies that can be taken if the debtor defaults, including through simple lawsuits, risk transfer through debt acknowledgment agreements, and civil execution based on debt-receivable relationships. This study also formulates a conceptualization of dispute resolution that includes mediation, credit restructuring, and litigation as a last resort. The results of this study confirm that the use of non-certificate collateral requires strengthened regulations and harmonization between agrarian and banking law to ensure legal certainty and protection for creditors.
Legal Analysis of Foreign Nationals in Fiduciary Guarantees: Between Banking Risks and Legal Vacuum Christanty Leony Sutanto; Djumikasih; Yenny Eta Widyanti
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze legal certainty for Foreign Nationals (FN) as debtors and creditors in loan agreements with Fiduciary assignments in Indonesia. The background of this research is based on the ambiguity of regulations regarding the legal status of FN in the Fiduciary assignment system, which has the potential to create legal uncertainty for banking institutions and related parties. The applicable regulations, including the Fiduciary Assignment Law and Bank Indonesia Regulations, do not explicitly regulate the authority of FN as fiduciary grantors or fiduciary recipients, leading to various legal interpretations in practice. This research employs a normative juridical method using a statute approach and a conceptual approach. The legal materials used consist of primary legal sources, such as laws and relevant regulations, as well as secondary legal materials from various legal literature. The analysis technique used is systematic and grammatical interpretation to examine the interrelation of norms within the Indonesian legal system. The research findings indicate that although existing regulations limit the role of FNs in certain financial transactions, there are legal loopholes that allow them to be involved in Fiduciary assignments, either as debtors or creditors. This uncertainty poses risks to banking institutions if FN debtors default on their obligations.
LEGAL CERTAINTY REGARDING THE POSITION OF ILLEGITIMATE CHILDREN WHO ARE RECOGNIZED LEGITIMATELY AS SUBSTITUTE HEIRS (PLAATSVERVULLING) Aditya Syahrul Ikram; Abdul Rachmad Budiono; Yenny Eta Widyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1314

Abstract

The position of illegitimate children who are legally recognized as Substitute Heirs (Plaatsvervulling) in Indonesia is still not fully regulated. The position of illegitimate children who are recognized as legal if they replace their parents still often causes conflict, especially the conflict that occurs between Article 872 of the Civil Code and the Constitutional Court Decision. Number 46/PUU-VIII/2010 which amends Article 43 paragraph (1) of the Marriage Law. The existence of this conflict will certainly give rise to legal uncertainty so this needs to be studied. This research will discuss legal certainty regarding the position of illegitimate children who are recognized as legal successors (Plaatsvervulling). This research is a normative juridical research method with the approach taken being a statutory approach. The results of the analysis of legal uncertainty regarding the position of illegitimate children who are recognized as legal substitute heirs (Plaatsvervulling) can be resolved using the principle of lex posterior derogat legi priori, so that the Marriage Law overrides the law of the Civil Code, so that illegitimate children have the right to become successor heirs to their parents without Look at the terms or conditions as stated in Article 873 of the Civil Code.
Penghapusan Merek Terdaftar yang Tidak Aktif dalam Perspektif Teori Kesejahteraan Menurut Jeremy Bentham Masfufah Masfufah; Afifah Kusumadara; Yenny Eta Widyanti
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 2 (2024): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.173-190

Abstract

Trademarks play a vital role in modern trade, but in Indonesia, there is a normative conflict in Law No. 20 of 2016 concerning Trademarks and Geographical Indications between Article 74 Paragraph (1) and Article 35 Paragraph (1). How can a registered trademark be removed even though it is still within the protection period? The research method used is normative juridical with statutory, comparative, and case study approaches, utilizing primary, secondary, and tertiary legal materials that are analyzed descriptively. This research aims to analyze whether the provisions for the removal of registered trademarks in Indonesia uphold the principles of justice and legal certainty by emphasizing Jeremy Bentham’s welfare theory, in order to achieve appropriate regulations and harmonization between conflicting provisions. The results findings that the provision for removal registered trademarks are unfair and harmful to registered trademarks owners, as they disregard the principles of justice and legal certainty. Therefore, it is necessary to make a statement of the use of registered trademarks by the registered trademarks owner that is facilitated by the DJKI before the 10 year period so that there is harmonization between the conflicting provisions. The implementation of this solution is expected to provide legal certainty, encourage active use of trademarks, and support sustainable economic growth.
Philosophical Underpinnings of Social Insurance Mechanisms within the Framework of Health Insurance Theta Murty; Sukarmi Sukarmi; Yenny Eta Widyanti; Amelia Sri Kusuma Dewi
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3665.pp303-317

Abstract

Indonesia, as a country that adheres to the concept of a welfare state, seeks to achieve social welfare development by implementing a national social security system, particularly health insurance, managed by the Health Social Security Administration Agency (BPJS). It is regulated in Article 19, paragraph 1 of Law No. 40 of 2004 concerning the National Social Security System (SJSN). The fundamental principles of social insurance include mandatory participation, equitable health coverage, and contributions proportional to income. The philosophical issue at hand is whether implementing health insurance via the social insurance mechanism effectively guarantees the interests of the community while upholding the values of welfare and justice, as prescribed by the concept of the welfare state. This paper analyses the philosophical foundation underlying social insurance as a mechanism for implementing health insurance in Indonesia. This study employs normative research methods, utilising legislation as the analytical starting point. A philosophical examination is necessary to understand why, after a decade of implementing national health insurance, the state's goal of achieving welfare and social justice in health services for Indonesian citizens remains unmet. This analysis seeks to identify new mechanisms to fulfil the goals outlined in Law No. 40 of 2004.
Legal Review of Alluvial Land Conflicts from Seawater Sedimentation in Weru Village, Lamongan Regency Keri Pranata; Arif Zainudin; Yenny Eta Widyanti; Herlindah; Dhiana Puspitawati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5339

Abstract

This research is intended to examine the alluvial land conflicts in Weru Village, Paciran District, Lamongan Regency from a legal perspective. The emergence of the Alluvial Land has given birth to disputes between the community and the Village Government. So far, the community has used the Alluvial Land to meet their needs as fishermen. Meanwhile, the village government claims that the land is an asset.  On the other hand, the village government wants to build a breakwater. To support the funding, the village government engages the community by buying and selling on behalf of donations to the Alluvial Land. So that this alliance exists, the community feels disadvantaged because of the unclear alliance. This study uses a normative juridical method strengthened with field data to analyse this case. Based on the legal review of this case, First, the Alluvial Land is state land, which, since the emergence of management, has become the responsibility of the state. However, the community or other legal entities can own such property rights based on the terms and conditions of laws and regulations. Second, the engagement carried out by the Village Government with some communities is considered null and void because one of the elements of the agreement is not fulfilled.
Co-Authors Abdul Rachmad Budiono Adi Kusumaningrum Aditya Syahrul Ikram Afifah Kusumadara Amelia Sri Kusuma Dewi Amelia Sri Kusuma Dewi, Amelia Sri Kusuma Amrulla, Mohammad Fahrial Arif Zainudin Ayu Putu Kusuma Wardhani Berliana, Dina Christanty Leony Sutanto Chusnida, Nabilah Dhiana Puspitawati Dian Novita Dina Mardiana Djumikasi Djumikasih Djumikasih Dwi Budi Santoso Dwithia H.P., Zora Febriena Farradiba Hidayat Hamidi Masykur Herlindah I Made Sukadana Istislam Keri Pranata Lely Sulthoniah Made Ardia Mardyansyah, Dody Novizar Masfufah Masfufah Masfufah Masfufah, Masfufah Mazarini Maulidia Aizza Udin Muchammad Ali Safa’at MUFIDAH, LAILATUL Muhammad Alvin Nugraha Murty, Theta Naufal Anfasa Firdaus Novitasari Dian PH Nur Widhiyanti, Hanif Nurul Barizah Octaviani, Irva Piput Milandsari Milandsari Putri, Dinae Rachmi Sulistyarini Rahmi Jened Rayhan Rizky Fitrianto Reka Dewantara Reka Dewantara Rumi Suwardiyati Safira Annisa Serafim, Gladysta Viola Sinaga, Paris Hendra Wijaya Sukarmi Sukarmi Sukarmi Susilo, Hariyanto Theta Murty Wandita Pramesthi Wandita Pramesthi Yuliati Yuliati Yusti Merilistia