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All Journal Kosmik Hukum Qonun Jurnal Hukum Islam dan Perundang-Undangan
I Gede Agus Kurniawan
Universitas Pendidikan Nasional, Denpasar, Bali
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Policy on The Evidentiary Status of IP Addresses in Government Tender Collusion Khalid Mustafa; I Gede Agus Kurniawan; Ruetaitip Chansrakaeo
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 2 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/yeam3w58

Abstract

This research aims to analyze the position of IP Address in evidentiary law related to government tender collusion and to formulate the direction of legal policy for its regulation in Indonesia. The research results show that an IP Address has legitimacy as part of electronic evidence based on the Electronic Information and Transactions Law, but it does not have absolute evidentiary power because it only indicates a technical relationship between electronic activities and certain devices or networks. In the case of tender collusion, an IP Address is more accurately classified as circumstantial evidence or corroborative digital evidence that must be supported by metadata, system logs, affiliation relationships, electronic communications, and digital forensic results. This research also found the fragmentation of regulations and the absence of digital evidence standards, which lead to inconsistencies in the application of the law. Therefore, legislative reform is needed thru amendments to Law Number 5 of 1999, strengthening KPPU Regulations, and harmonization with the Electronic Information and Transactions Law, the Personal Data Protection Law, and government procurement regulations. The reform must be based on the principles of integrity, authenticity, chain of custody, due process of law, risk-based enforcement, and digital evidence governance to achieve legal certainty, the effectiveness of competition law enforcement, and transparent, accountable, and integrity-based government procurement governance.
Intellectual Property Rights and Ethics: A Comparison of Philosophical Approaches in Northern and Southern Countries I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Briggs Samuel Mawunyo Nutakor; Mac Thi Hoai Thuong
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24489

Abstract

The philosophical differences between Northern countries, which adopt utilitarian and libertarian perspectives emphasizing strict Intellectual Property Rights (IPR) protection, and Southern countries, which prioritize distributive justice and universal access, create tensions in implementing global IPR policies, particularly concerning important issues such as access to medicines and technology. This research aims to analyze the influence of philosophical approach differences between Northern and Southern countries on Intellectual Property Rights (IPR) policies and implementation, as well as their ethical implications for public access to knowledge and technology. This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature study, and uses qualitative analysis to interpret the differences in philosophical approaches to IPR policies between Northern and Southern countries along with their ethical implications. The research findings show that philosophical differences between Northern countries, which adopt a utilitarian-libertarian approach with strict IPR protection, and Southern countries, which emphasize distributive justice-collectivism with a more flexible approach, have significant ethical implications for public access to knowledge and technology, as seen in the HIV/AIDS crisis in Africa and access to education, where strict patent policies of Northern countries often hinder developing countries' access to important technology and knowledge, while Southern countries advocate for universal access especially for basic needs such as health and education, creating tension between IPR protection and fulfillment of society's basic needs.
Co-Authors Briggs Samuel Mawunyo Nutakor Fradhana Putra Disantara Khalid Mustafa Mac Thi Hoai Thuong Mac Thi Hoai Thuong Putu Aras Samsithawrati Putu Aras Samsithawrati Ruetaitip Chansrakaeo