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All Journal Pandecta Yustisia Perspektif : Kajian Masalah Hukum dan Pembangunan Pembaharuan Hukum Jurnal Privat Law Pena Justisia: Media Komunikasi dan Kajian Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences MAQASIDI Journal of Central Banking Law and Institutions International Journal of Law, Policy and Governance
Dona Budi Kharisma, Dona Budi
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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THE LEGAL PROBLEMS OF TRADITIONAL CULTURAL EXPRESSIONS AS INTELLECTUAL PROPERTY WITH COMMUNAL OWNERSHIP Muryanto, Yudho Taruno; Kharisma, Dona Budi; Assidiqi, Imam Dzaki Hidayad
Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i1.32154

Abstract

This legal research aims to analyze arrangements regarding communal legal protection of traditional cultural expressions based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property, and it also seeks to identify legal problems in the practice of protecting Communal Intellectual Property in Indonesia where various cases of unilateral claims against the inheritance of Traditional Cultural Expressions by other countries, such as Malaysia's claim for Pendet Dance, Wayang Art, and Reog; Germany’s claim for Distinctive Ornamental Frame from Jepara; and China’s claim for Batik Pesisir’s motif. There find legal problems. First, the intellectual property legal protection regime in Indonesia is still individualistic. Second, Insufficient communal intellectual property legal instruments. Last, a low legal culture in Indonesian society. Based on these findings, that the government need to amendment the protection of Traditional Cultural Expressions of Communal Intellectual Property through substance reform in Act No. 28 of 2014 about Copyright and develop one database of Communal Intelectual Property.
Cryptoization and Shadow Currency: Legal Overview of the Importance of Digital Rupiah in Indonesia Sulistiyono, Adi; Kharisma, Dona Budi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4369

Abstract

Cryptoization in Indonesia can be seen in the number of investors and crypto asset transactions. As of January 2024, the total number of crypto asset investors reached 18.83 million investors. Meanwhile, the total accumulated value of crypto asset transactions throughout 2024 was recorded at IDR 48.82 trillion. Various types and developments in crypto assets trigger shadow currency risks. Shadow currency is a currency function that can be replaced by another form. In this regard, research is needed regarding the relationship between crypto assets as shadow currency in financial stability and the importance of regulating digital rupiah in Indonesia. The approach used is the statute approach. This research will examine various laws and regulations relating to crypto assets, fintech, financial systems and currencies. The research results show that the crypto asset transaction process occurs outside the official monetary system and can develop into a digital currency area outside certain jurisdictions. The materialization of this risk can threaten a country's monetary sovereignty, thus triggering the risk of shadow currency. Therefore, it is recommended that the Digital Rupiah be a Central Bank Digital Currency (CDBC) which is officially implemented in Indonesia. However, there needs to be regulatory and policy support needed so that CBDC can be implemented in Indonesia, one of which is through a revision of the Indonesian Act on Currency.
Human Security Principles in Crowdsourcing Personal Data Kharisma, Dona Budi; Hernoko, Agus yudha; Thalib, Prawitra; Oktafiyana, Oktafiyana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4404

Abstract

Personal data protection is fundamental because every individual's privacy is important. This article analyses related principles of human security in the context of processing personal data to ensure the safety of every personal data subject. The result of the paper shows that every effort in processing personal data must based on principles to ensure the fulfillment of human security principles. This article argues that crowdsourcing personal data often carried out in the digital era violates human security principles when impact losses are incurred to man.
Artwork Copyright Legal Protection on Non-Fungible Tokens (NFT) Tuhana, Tuhana; Kharisma, Dona Budi; Khoirunnisa, Nabilah
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.v23i3.4405

Abstract

The purpose of this legal research is to find out the legal problems in protecting the copyrights of creators of works of art on Non-Fungible Tokens (NFT) and to find out the forms of legal protection for creators’ copyrights of works of art on NFT. The type of research is normative legal research. The approaches used are statute approaches, conceptual approaches, and comparative approaches.  The legal materials used are all regulations regarding copyright that exist in Indonesia and The United States of America (USA). NFT is a copyright protection solution for creators of works of art in the digital era. Indonesia does not yet have a digital copyright act while the USA has a digital copyright act called the Digital Millennium Copyrights Act (DMCA) which is able to protect the copyrights of art creators in NFT.  In Indonesia, it has not yet been regulated regarding the prohibition of the importation of anti-circumvention devices, which has been handled in Chapter 1201 of the DMCA. Then there is also no regulation regarding the deletion of NFT content, which indicates violations in Indonesia, which has been regulated in USA.
Urgency of E-Commerce Act for Consumer Protection (Comparative Study in Indonesia, Singapore, and China) Cahyaningsih, Diana Tantri; Kharisma, Dona Budi; Agnjana, Goldwina Aphroditerri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4430

Abstract

This research aims to discover the problems of regulation of electronic commerce (e-commerce) in Indonesia, Singapore, and China with a focus on Indonesia. This study also intends to construct e-commerce legislation to promote the expansion of the digital economy in many nations. This study focuses on legal research. Comparative and legal approaches are utilized in the study process. The legal documents utilized are e-commerce laws in Indonesia, Singapore, and China. In pandemic era, Indonesian e-commerce transactions had climbed by 50.8% with transactions reaching IDR 401 trillion. However, fraud in online transactions is one of the most reported crimes. As many as 28.7% of cybercrimes originate from fraud. The number of fraud cases, transaction security, and weak protection of personal data consumers are still central issues. The Information and Electronic Transactions Act, as revised by Act Number 19/2016 does not explicitly regulate e-commerce. Compared to Singapore, it has a Casetrust to increase consumer confidence and is supported by the Electronic Transactions Act (ETA).  Personal Data Protection Act 2012 (PDPA). E-commerce Act of the People’s Republic of China is supported by Personal Information Protection Act of the People's Republic of China.  The Act aims to give some legal certainty and predictability to online businesses.
How to Regulate an illegal platform in P2P Lending? (Evidence From Indonesia and Global Approach) Suryono, Arief; Kharisma, Dona Budi; Wanda Yunitha Purba, Agata
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.v23i3.4444

Abstract

The aim of this studi is: (1) to scrutinize the legal predicaments pertaining to the governance of Peer-to-Peer (P2P) lending in Indonesia, by drawing comparisons with the regulatory frameworks of the United States and the United Kingdom, and (2) to devise the optimal legal mechanism for the regulation of P2P lending transactions. This study employs a normative legal research methodology utilizing comparative and legal approaches to investigate the regulatory frameworks for P2P lending in Indonesia, the United States, and the United Kingdom. The legal materials used in this study solely pertain to P2P lending regulations and were collected using library research techniques. The expansion of P2P lending in Indonesia has been impeded by the widespread prevalence of unlawful P2P lending practices. A comparative evaluation of the regulatory structures of the United States and the United Kingdom highlights that the insufficiency of regulatory measures has played a role in aggravating this issue. The UK's well-structured and comprehensive regulations, which provide robust protections, are worth emulating and implementing, especially considering that P2P lending in the UK is successful and dominates the European economic market. Meanwhile, the strict information disclosure and platform registration rules implemented in P2P lending in the United States are essential regulatory factors that the OJK should consider in its supervision of P2P lending in Indonesia.
Pyramid Scheme Crime: Problems and Oversight in Indonesia Heru Yuwono, Teguh Basuki; Kharisma, Dona Budi
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.v23i3.5322

Abstract

Investment-based crimes in Indonesia are very high. Data from the Indonesian Financial Services Authority (OJK) in 2023 stated that the total value of public losses due to investment crimes from 2018 to 2022 reached IDR 126 trillion. Various models of investment crimes that are often carried out include illegal futures brokers, illegal investments, forex, and binary options carried out with pyramid schemes or Ponzi schemes. The data indicates that there are problems in handling crimes with pyramid schemes. This research is normative legal research that uses the statute approach method. The legal materials used include primary legal materials and secondary legal materials related to investment crimes. Based on the results of the study, it was found that there are various legal problems in handling crimes with pyramid schemes, including weaknesses in the formulation of regulations. The Trade Law still has limited reach both in terms of subjects and objects which can lead to weak law enforcement. Therefore, it is recommended for relevant stakeholders to reformulate the Trade Law that can accommodate broader subjects and objects.
STANDARD AND CONFORMITY: THE PERSPECTIVE STRATEGIES OF THE LOCAL GOVERNMENT’S ROLES IN THE INDUSTRY COMPETITIVENESS Kharisma, Dona Budi; Imanullah, Najib; ., Pranoto
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12484

Abstract

The Agreement on the Technical Barriers to Trade (TBT Agreement) WTO and The ASEAN Economic Community (AEC) The Blueprint envisions the transformation of the WTO and ASEAN region through the facilitation of the free flow of goods and services. With tariffs declining to near-zero levels, non-tariff barriers are increasingly focused on coordination by member-countries. However, the quality of goods / services becomes a central issue that determines the market entry. Therefore, TBT agreement and AEC Blueprint require fulfillment of Standards and Conformity Assessment to guarantee the quality of goods or services. On the one hand, the low level of compliance of business actors in applying SNI (Indonesian National Standards) represents of the low level of Indonesian industry competitiveness in international level. Thus, specific government’s policies are required, one of which is that dealing with the strategic roles of local government to support products manufactured by national industries to break through global markets. Some strategies for strengthening local policies in national standardization include: (a) constructing local regulations governing Standards and Conformity assessment; (b) implementing mandatory SNI to leading local products; (c) Strengthening mutual cooperation between local government and related stakeholders.
DEMOGRAPHY-BASED DEVELOPMENT: THE CHALLENGES OF CIVIL REGISTRATION TO REDUCE POVERTY IN INDONESIA Kharisma, Dona Budi; Yulianti, Sri Wahyuningsih
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.15048

Abstract

The present study seeks to analyze the functions of civil registration in poverty reduction and to identify various problems encountered in civil registration in Indonesia. This study was conducted by using an empirical law research. Primary data and legal materials are analyzed qualitatively with empirical juridical approach. The results conclude that civil registration yields demographic data that play a strategic role in the utilization of public services and development planning. Improving the quality of human life, either in the field of education, health or revenue requires demographic data as the policy focus. This gives implications that the basis of development program interventions in the three sectors refer to the aforementioned demographic data. Therefore, the use of demographic data and expansion of the coverage of ownership of demographic documents present as strategic steps for poverty reduction. However, the low attainment of document ownership in some regions and the limited number of civil registration apparatuses become an indicator of the absence of roles of demographic data in development. This has an impact on improperly targeted development planning. Several strategies that need to be implemented include: (1) Strengthening regulations at the regional level that regulate the utilization of demographic data in development planning; (2) establishing study program of civil registration law as an attempt of population-based development in Indonesia.
Co-Authors Adi Sulistiyono Agnjana, Goldwina Aphroditerri Agus Yudha Hernoko Al Sentot Sudarwanto Arief Suryono Assidiqi, Imam Dzaki Hidayad Atmaji, Mahatma Dwi Nugraha Az Zahra, Shofwatul Islamia Choiroel Anam Clevalda, Damasha Khoiri Dera Antika Kumalasari Diana Tantri Cahyaningsih Erna Yuliandari Febrianty, Alifia Della Guayadi, Tamariska Febioxicca Hanifah, Rokhmatun Hendri N, Muhammad Heru Yuwono, Teguh Basuki Holanasi S, Hizkia Bendigo Jamal Wiwoho Khoirunnisa, Nabilah M. Hudi Asrori S Mafaza, Ahmad Yunan Salsabilla Mubarak, Hakim Harismawan Muhammad Azmi, Muhammad Muhammad Rivai Najib Imanullah, Najib Oktafiyana, Oktafiyana Pisarta, Clara Beatrice Pranoto . Prawitra Thalib Prayoga, Gadang Putri, Livia Azzura Rabiatun Ramadani, Faizzah Sabrina, Ruhil Anadiah Shania, Amalia Vanny Sri Wahyuningsih Yulianti, Sri Wahyuningsih suraji suraji Tuhana Tuhana Wanda Yunitha Purba, Agata Wardhono, Dwi Tjahja K. Waspada, R. Jangkung Surya Yudho Taruno Muryanto