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All Journal Kertha Negara : Journal Ilmu Hukum Buletin Udayana Mengabdi JURNAL MAGISTER HUKUM UDAYANA Masalah-Masalah Hukum LAW REFORM Arena Hukum Jurisprudentie Sriwijaya Law Review Hasanuddin Law Review Jurnal Ius Constituendum Jambe Law Journal Jurnal Jatiswara Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Kosmik Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Suara Hukum Udayana Journal of Social Sciences and Humanities (UJoSSH) Jurnal Analisis Hukum Indonesia Private Law Review Batulis Civil Law Review Jurnal Media Akademik (JMA) Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia Indonesian State Law Review (ISLRev) Indonesian Journal of Criminal Law Studies Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Putu Aras Samsithawrati
Fakultas Hukum Universitas Udayana
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Mac Thi Hoai Thuong; Briggs Samuel Mawunyo Nutakor
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.18096

Abstract

This study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice.
Legal Aid and Community Empowerment in Trademark Protection for Public Procurement: Comparative Reflections from Indonesia, the United States, and Spain I Gede Agus Kurniawan; Khalid Mustafa; Putu Aras Samsithawrati; Fradhana Putra Disantara; Dinara F. Abdunayimova; Antonio Gutiérrez-Pozo
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 1 (2026): (January-June 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i1.36963

Abstract

The increasing integration of intellectual property protection into public procurement has transformed trademarks from private commercial assets into strategic legal instruments that support fair competition, legal certainty, and accountable public governance. Nevertheless, many micro, small, and medium enterprises (MSMEs) continue to face significant barriers in obtaining trademark protection due to limited legal literacy, inadequate legal assistance, and fragmented institutional support. This study aims to examine the contribution of legal aid to strengthening trademark protection for business actors participating in public procurement, analyze how community empowerment is institutionalized in Indonesia, the United States, and Spain, and formulate a more inclusive legal framework for Indonesian public procurement through comparative legal analysis. This research employs normative legal research using statutory, conceptual, and comparative approaches. Legal materials consist of legislation, international legal instruments, academic literature, government reports, and institutional publications, which are analyzed through descriptive, comparative, and prescriptive methods. The findings demonstrate that legal aid should be reconceptualized as a preventive governance instrument encompassing legal education, trademark registration assistance, institutional collaboration, and community empowerment rather than merely litigation services. Comparative analysis reveals that the United States and Spain have developed integrated institutional models involving government agencies, universities, legal clinics, professional organizations, and business communities, whereas Indonesia continues to experience fragmented institutional coordination and limited preventive legal support. Accordingly, Indonesia should reconstruct its trademark protection framework by institutionalizing collaborative legal assistance, strengthening trademark literacy, integrating intellectual property protection into public procurement policies, and enhancing interagency cooperation to promote legal certainty, fair competition, inclusive economic participation, and sustainable public procurement governance. This aligns with Sustainable Development Goals (SDGs) 9: Industry, Innovation, and Infrastructure.
Traditional Knowledge and Traditional Cultural Expressions as Communal Intellectual Property: Are They Protected Under the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge 2024? Putu Aras Samsithawrati; Ni Ketut Supasti Dharmawan; Made Aditya Pramana Putra; Dewa Ayu Dian Sawitri
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.1-26

Abstract

Indonesia has a culture and natural wealth that has the potential to be protected by Communal Intellectual Property (CIP). Indonesian national law has shown seriousness in the legal protection of CIP by issuing various CIP laws and regulations. However, the protection of CIP at the international level has only appeared with the issuance of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge GRATK/DC/7 2024 (WIPO Treaty GRATK/DC/7 2024) 2024. This paper examines the protection of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) as CIP in Indonesia and internationally through the WIPO Treaty GRATK/DC/7 2024. The normative legal research method is used with a statutory, conceptual, comparative and analytical approach. The results show that PP 56/2022 and Permenkumham 13/2017 provide sufficient protection for CIP works including TK and TCE, especially in the form of defensive protection (inventory and recording of CIP). WIPO Treaty GRATK/DC/7 2024 emphasizes genetic resources (GR) protection and TK related to GR and not TCE. However, TCE protection internationally is seen in the amendment to the Berne Convention, Article 15.4 through "anonymous works". WIPO Treaty GRATK/DC/7 2024 is an advancement in international recognition of the protection of CIP, especially TK related to GR. Internationally, this document is a legal umbrella to protect Indonesian CIP including TK that is used commercially considering that communities from regions in Indonesia are very rich in TK that they have inherited across generations.
The Role of Human Rights and Customary Law to Prevent Early Childhood Marriage in Indonesia Anak Agung Istri Ari Atu Dewi; Ni Ketut Supasti Dharmawan; Anak Agung Istri Eka Krisnayanti; Putu Aras Samsithawrati; I Gede Agus Kurniawan
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1885.pp268-285

Abstract

Preventing early childhood marriage (ECM) can protect children’s rights from the perspective of human rights. There are several rules regarding the age limit for marriage. In Indonesia, the minimum age for marriage is nineteen years. However, in fact, early child marriage is still relatively high, with the seventh highest ranking in the world. This study aims to elaborate on the rights of children, which ECM potentially violates, and to identify who is responsible for minimizing and/or combating this phenomenon. This normative legal research with a human rights approach occurs in the childhood protection context. The results show that ECM has implications for violations against the right to life, the right to education, the right to develop, and the right to health. Thus, more stringently applying international and national law and combining with local wisdom (Balinese Customary Law) in protecting children's rights in the context of preventing ECM can prevent ECM effectively and minimize violations of other children's rights. Moreover, it is believed that the responsibility to reduce and combat ECM not only belongs to the government but also to all stakeholders within the community, such as families, academics, the media, non-profit organizations, entrepreneurs, and customary.
Reconstructing Criminal Liability in Trademark Law: Lessons from Indonesia and Spain I Gede Agus Kurniawan; Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Anak Agung Ayu Ngurah Sri Rahayu Gorda; Antonio Gutiérrez-Pozo
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.36962

Abstract

This study examines the construction of criminal liability in trademark law through a comparative analysis between Indonesia and Spain. The main problem addressed is the limited effectiveness of Indonesia’s criminal trademark enforcement under Law Number 20 of 2016 on Trademarks and Geographical Indications, particularly due to its complaint-based offense model, unclear formulation of mens rea, limited scope of actus reus, and the absence of explicit corporate criminal liability and asset forfeiture mechanisms. The purpose of this research is to identify the similarities and fundamental differences in criminal liability frameworks in both jurisdictions and to formulate an ideal reconstruction model for Indonesia based on Spain’s best practices. This study employs normative legal research, drawing on conceptual and comparative approaches, by analyzing primary legal materials, legal doctrines, and relevant academic literature. The findings show that Spain provides a more coherent and effective criminal enforcement system through the integration of trademark crimes into the Código Penal, the application of public offenses, the requirement of commercial intent, the recognition of aggravated offenses, and explicit corporate criminal liability supported by additional penalties such as confiscation and business closure. In contrast, Indonesia’s current framework remains fragmented and less responsive to organized and digital-based trademark counterfeiting. This study concludes that Indonesia must reconstruct its criminal trademark provisions by shifting towards a differentiated public-offense model, strengthening the formulation of intent and commercial purpose, expanding digital enforcement coverage, incorporating protection for well-known unregistered marks, and establishing corporate criminal liability with comprehensive sanctions to ensure effective and proportional trademark protection aligned with international standards.
Co-Authors Anak Agung Ayu Ngurah Sri Rahayu Gorda Anak Agung Istri Ari Atu Dewi Anak Agung Istri Eka Krisnayanti Andrea Louisa Doren Angel, Shara Mariyanti Antonio Gutiérrez-Pozo Antonio Gutiérrez-Pozo Aryani, Ni Luh Irma Briggs Samuel Mawunyo Nutakor Briggs Samuel Mawunyo Nutakor Budiana, I Nyoman D. Tee-anastacio, Princess Alyssa Desak Putu Dewi Kasih Dewa Ayu Dian Sawitri Dinara F. Abdunayimova Disantara, Fradhana Putra Dwijayanthi, Putri Triari Fradhana Putra Disantara Fradhana Putra Disantara Fradhana Putra Disantara Fradhana Putra Disantara Hong, Tan Jian I Dewa Made Anom Jagadhita I Gede Agus Kurniawan I Gede Agus Kurniawan I Gede Agus Kurniawan I Made Sarjana I.N. Bagiastra I.W. Wiryawan Jess lyn Khalid Mustafa Krisna Yanti, A.A. Istri Eka Kurniawati, Ni Kadek Dian Lourenco de Deus Mau Lulo Mac Thi Hoai Thuong Mac Thi Hoai Thuong Made Aditya Pramana Putra Made Suksma Prijandhini Devi Salain Mahaswari, Mirah Maheswari, Ni Kadek Ratih Moisa, Robert Vaisile Musallam Al Awaid Ni Ketut Supasti Dharmawan Ni Komang Krispa tripa Yanti Ni Wayan Nilandari Nutakor, Briggs Samuel Mawunyo Nyoman Satyayudha Dananjaya P.T.C. Landra Palgunadi, Kadek Zalsa Putri Pamia Pretysya, Ni Kadek Maretri Princess Alyssa D. Tee-Anastacio Princess Alyssa Tee-anastacio Putra, Made Aditya Pramana Putri Triari Dwijayanthi Putri Triari Dwijayanthi Putu Ayu Asty Senja Pratiwi Putu Tuni Caka Bawa Landra R. A. Retno Murni Rafika Amalia Sawitri, Dewa Ayu Dian Souad Ahmed Ezzerouali Thuong, Mac Thi Hoai Ustriyana, Made Grazia Widya Ayu Permatasari Yanti, Ni Kadek Cantika Siska