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All Journal DeKaVe LEGAL BRIEF Jurnal Pengabdian Seni Jurnal Kajian Konstitusi Pengabdian Seni
Megawati Atiyatunnajah
Institut Seni Indonesia Yogyakarta, Indonesia
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : LEGAL BRIEF

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Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance Megawati Atiyatunnajah; Sidik Setyawan
LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i1.768

Abstract

Adoption has developed into a widespread phenomenon in the context of Indonesian society. Due to the fact that adoption affects the interests of individuals within a family, adoption has been integrated into the legal framework that regulates family relationships As a result of the way it influences individual interests within the family, it has been incorporated into the legal framework governing family relationships. Article 39 of the Child Protection Law, adoptive parents must pay attention to the best interests of the child during the process, which must also be carried out in accordance with community habits, applicable laws and regulations. There are two categories of adoption in Indonesia: domestic adoption, which occurs between Indonesian citizens, and international adoption, which involves children of Indonesian citizens who are adopted by people who are not residents of Indonesia. The research method used is known as normative juridical research. This research method is used to understand and evaluate whether a legal regulation has complied with the applicable legal principles and formal requirements set by the law. The author chooses this method because it is relevant to various fields of law and generates new ideas. According to research, the inheritance rights of indigenous Indonesians are carried out based on Islamic law in situations involving Indonesian inheritance law. Adopted children are still considered biological parents and are not entitled to inherit from their adoptive parents. The local customary law system will determine how many adopted children are entitled to inheritance. Adopted children still receive inheritance from their biological parents, not from their adoptive parents because adopted children do not inherit from their adoptive parents. Increased public awareness and stricter regulations in Indonesia regarding adoption practices can help protect the rights and interests of children and promote safer and more secure adoption practices.
Copyright Perspective in the Multiplicity of Batik Motifs as a Reflection of the National Character Identity Megawati Atiyatunnajah; Nilnarohmah
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.789

Abstract

In the face of globalization challenges, it is important to preserve cultural diversity and protect batik heritage as a symbol of national cultural identity. The copyright approach is used as a legal framework for the protection and utilization of batik works. To determine the most original identity with its uniqueness is actually impossible, as no nation in the world is completely different from others. However, the multiplicity of batik motifs can contribute to the characteristics of the Indonesian nation. Batik is a national creative work that must be preserved. The aim of this research is to analyze how the perspective of copyright can influence the understanding, recognition, and development of batik as a cultural heritage. The research method used is literature review by analyzing literature related to batik, copyright, and cultural identity. The results of this research indicate that the perspective of copyright provides important legal protection in securing the authenticity and commercialization of batik. However, copyright protection must also be balanced with efforts to maintain sustainability and social justice for traditional batik makers. This research concludes that through a proper understanding of copyright, steps can be taken to strengthen the national character identity reflected in the diversity of batik motifs. This research has significant implications for policymakers, cultural stakeholders, and society in preserving and promoting Indonesia's valuable cultural heritage. This article analyzes the relevant legal framework, including copyright laws and intellectual property protection in Indonesia. In facing the challenges of copyright infringement, this article also proposes measures to strengthen legal protection for batik motifs as part of the national character identity. It is expected that this article can provide a better understanding of the copyright perspective in the diversity of batik motifs and contribute to the development of more effective legal policies in safeguarding Indonesia's cultural heritage.  
Co-Authors Amna, Wari Syatul Marselia, Viona Nilnarohmah Nilnarohmah, Nilnarohmah Sidik Setyawan