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All Journal Kosmik Hukum JHCLS
Devi Triasari
Faculty of Law, University Adelaide, Australia
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation Devi Triasari; Willy Naresta Hanum; Viddy Firmandiaz
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i1.75

Abstract

The government has issued various policies to overcome overcapacity in prisons, but the important question that needs to be asked is whether these policies have restored the rights of victims of criminal acts of Information and Electronic Transactions. The method used in this study is a normative legal research method that examines secondary data. Data collection is carried out in the form of laws and regulations, reference books, and previous studies. The results of the research show that there is a need for the urgency of the application of restorative justice in criminal acts of Information and Electronic Transactions in Indonesia and what are the obstacles to the application of restorative justice in handling cases of criminal acts of Information and Electronic Transactions.
Discrimination against Geographical Indications of Traditional Alcoholic Beverages: Anomaly of the National Treatment Principle in International Trade Law Rian Saputra; Dora Kusumastuti; Devi Triasari
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.27885

Abstract

This research seeks to analyse the discrimination and prohibition surrounding the registration of traditional Indonesian alcoholic beverages as Geographical Indication (GI) products using a living law methodology. It also analyses discrimination wherein analogous products from other nations may be registered as GI products in Indonesia. In contrast, domestic products face registration prohibitions, as assessed through the National Treatment Principle in International Trade. This research utilises a normative legal methodology, incorporating both legal and conceptual frameworks. The research findings indicate that, from a living law perspective, the prohibition and discrimination against the registration of traditional alcoholic beverages as GI products under Article 56(1)(a) of Law No. 20 of 2016 do not embody the nation's diverse spirit as envisioned by Savigny's Legal History. Secondly, the fact that analogous products from foreign origins may be registered as Geographical Indications (GIs) in Indonesia, by the non-discrimination principle of the WTO Agreement, necessitates that each member state accord services and service providers from other member states the same treatment as those from its nation. The idea of non-discrimination aims to avert discriminatory practices against foreign products or trade based on the preference for domestic goods or merchants. In the context of enforcing Article 56(1)(a) of Law No. 20 of 2016 on Trademarks and Geographical Indications, the practice diverges from this principle, as the DJKI acknowledges foreign alcoholic beverages as geographical indications, while local traditional alcoholic beverages are not recognised.
Co-Authors Dora Kusumastuti Rian Saputra Viddy Firmandiaz Willy Naresta Hanum