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p-Index From 2021 - 2026
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All Journal Jurnal Hukum Progresif Journal of Indonesian Legal Studies JILS (Journal of Indonesian Legal Studies)
Budi Santoso
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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Indonesian Patent Law Reform for Simple Patent Innovations on Achieving Welfare State Objectives Waspiah Waspiah; Budi Santoso; Paramita Prananingtyas; Muhammad Iqbal Baiquni; Dany Eka Saputra
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.69214

Abstract

The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.
Who Bears the Risk? Mapping the Legal Liability of Artificial Intelligence Providers in Indonesia’s Regulatory Landscape Ninik Zakiyah; Budi Santoso; Muh. Afif Mahfud; Edmon Makarim; Try Hardyanthi
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.31133

Abstract

The accelerating advancement of Artificial Intelligence (AI) presents complex legal concerns in Indonesia, particularly in determining liability for damages arising from autonomous systems characterized by algorithmic opacity. Existing legal frameworks, including the Copyright Law, the Electronic Information and Transactions Law, and the Government Regulation on Electronic System Providers, have yet to adequately capture the legal implications of AI-based decision-making processes. This study employs a normative legal approach to examine Indonesia’s regulatory landscape and argues that AI cannot be acknowledged as a legal entity, thereby placing primary responsibility on AI system providers. While civil liability may be grounded in Articles 1365–1367 of the Civil Code, fault-based frameworks encounter significant challenges because of AI’s “black box” characteristics. Accordingly, this article proposes a shift toward risk-based approaches, including strict liability, shifting of the burden of proof, and mandatory transparency obligations. Furthermore, it emphasizes the need to transform ethical principles, as reflected in the Ministerial Circular on AI Ethics, into enforceable legal norms. A comprehensive regulatory framework integrating accountability, human rights, and legal certainty is therefore essential for responsible AI governance in Indonesia.
EXTENDED LAND-TENURE RIGHTS IN NUSANTARA: A LEGAL ANALYSIS OF REGULATORY INCONSISTENCY AND AGRARIAN JUSTICE Alif Abdurrahman; Budi Santoso; Ery Agus Priyono
Jurnal Hukum Progresif Vol 14, No 2 (2026): October 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.2.421-458

Abstract

Indonesia’s relocation of its national capital to Nusantara, East Kalimantan, has created a special land-tenure regime designed to accelerate development and attract investment. Under the general agrarian framework established by Law No. 5 of 1960 and Government Regulation No. 18 of 2021, the maximum cumulative duration of the Right to Cultivate is 95 years, while the Right to Build may be granted for up to 80 years. By contrast, the special regulations governing Nusantara allow these rights to extend to 190 years and 160 years, respectively. This study analyses the normative inconsistencies between the national agrarian regime and Nusantara’s special legal framework, as well as their implications for legal certainty, land-rights protection, agrarian justice, and sustainable land governance. It employs a doctrinal legal method using statutory, conceptual, and philosophical approaches. Primary and secondary legal materials are examined qualitatively through grammatical, systematic, and teleological interpretation, supported by deductive reasoning and Hans Kelsen’s hierarchy of norms theory. The findings show that the extended tenure schemes may be defended under the principle of lex specialis derogat legi generali. Nevertheless, their substantial departure from the Basic Agrarian Law creates tension concerning regulatory hierarchy, the social function of land, and the State’s constitutional duty to manage natural resources for the greatest prosperity of the people. The policy may also concentrate land control in business entities, restrict access for local and Indigenous communities, intensify agrarian disputes, encourage speculation, and accelerate environmental degradation. Although long-term tenure may strengthen investor confidence, it should not weaken public oversight, customary rights, or agrarian justice. The study concludes that harmonisation between Nusantara’s special regulations and national agrarian principles is essential. Periodic evaluation, transparent allocation, meaningful community participation, environmental safeguards, recognition of customary tenure, and enforceable obligations for rights holders are required to ensure legally coherent, socially equitable, and environmentally sustainable development.
Co-Authors Alif Abdurrahman Dany Eka Saputra Edmon Makarim Ery Agus Priyono Muh. Afif Mahfud Muhammad Iqbal Baiquni Ninik Zakiyah Paramita Prananingtyas Try Hardyanthi Waspiah Waspiah