Claim Missing Document
Check
Articles

Found 27 Documents
Search

Legal Protection of Public Image Rights Figures against the Use of Deepfakes in Commercial Advertising Based on Artificial Intelligence Rohit Nur Alfin; F.X. Ary Setiawan; Elin Sudiarti; Joanita Jalianery
Jurnal Impresi Indonesia Vol. 5 No. 5 (2026): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v5i5.7782

Abstract

The rapid advancement of artificial intelligence technology has given rise to deepfake, an audio-visual manipulation technique capable of realistically replicating a person's face, voice, and gestures without their consent. This phenomenon has emerged in Indonesia’s commercial advertising sector, where public figures such as Najwa Shihab, Raffi Ahmad, and Baim Wong have had their likenesses exploited without authorization. This study aims to analyze the legal protection of public figures’ image rights against deepfake use in commercial advertising and to examine the civil compensation mechanisms available under Indonesian law. The research employs a normative legal method with statute and case approaches, analyzing primary and secondary legal materials through systematic and teleological interpretation. The findings reveal a fundamental legal vacuum (rechtvacuum) in Indonesian law. The Copyright Law, Electronic Information and Transactions Law, and Personal Data Protection Law provide only partial and fragmented protection, as none explicitly recognizes image rights or the right of publicity as an independent legal right. Civil redress relies primarily on Article 1365 of the Civil Code concerning unlawful acts, covering both material and immaterial damages, yet it faces significant evidentiary challenges related to digital forensics. This study concludes that comprehensive legal reform is urgently needed, encompassing amendments to existing laws and the enactment of a dedicated artificial intelligence regulation that explicitly protects digital identity rights.
Legal Protection Against Consumers In Illegal Cryptocurrency Investments: Edccash Ruling Study Mochammad Fabian Athaya; Joanita Jalianery; Ariani Yestati
Eduvest - Journal of Universal Studies Vol. 6 No. 1 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i1.52752

Abstract

The advancement of digital technology has driven the emergence of cryptocurrency as a new investment instrument that promises high accessibility and potential returns. However, this development also creates legal risks for consumers, particularly when transactions are carried out through illegal platforms that operate outside government supervision. This study aims to examine the legal reasoning used by judges in determining unlawful acts in illegal cryptocurrency transactions and to assess the effectiveness of civil legal protection for consumers. The research employs a normative juridical method using statutory, case, and conceptual approaches. The results indicate that the application of consumer protection principles and the construction of civil liability provide legal certainty for victims, despite the limited regulatory framework governing crypto assets in Indonesia. The novelty of this study lies in the application of the Digital Consumer Vulnerability Theory (DCVT) as an analytical framework to identify digital consumer vulnerabilities arising from information asymmetry, technological opacity, regulatory vacuum, and psychological manipulation in crypto investment schemes. This research highlights the need for a more adaptive and comprehensive legal approach to ensure consumer protection in the digital era.
The Effectiveness Of Implementing Parallel Investigations In Handling TPPU Cases Original From Forestry And Environmental Crimes Kiki Kristanto; Joanita Jalianery; Fransisco; Heriamariaty
International Proceeding On Religion, Culture, Law, Education, And Hindu Studies Vol. 1 (2024): International Proceeding On Religion, Culture, Law, Education, And Hindu Studies
Publisher : IAHN-TP Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/internasional-seminar.v1i.316

Abstract

Parallel investigation is an investigation method carried out simultaneously by various law enforcement agencies in handling money laundering (TPPU) cases originating from forestry and environmental crimes. This study examines the effectiveness of implementing parallel investigations in this context, with the aim of identifying the advantages, challenges and impact of implementing this method on case handling. Overall, parallel investigation has proven to be an effective approach in handling TPPU cases originating from forestry and environmental crimes. This method is able to accelerate the investigation process, increase the accuracy of law enforcement, and support more comprehensive crime suppression, although it requires improvements in coordination and regulatory aspects.
Juridical Analysis of Urgent Termination of Employment at PT BFI Finance Indonesia Tbk Based on Decision Number 5/Pdt.Sus-PHI/2025/PN Plk Ika Julina; Fransisco Fransisco; Vicka Prama Wulandari; Joanita Jalianery
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.52324

Abstract

Termination of Employment on urgent grounds has generated debate in judicial practice because the conceptual boundaries of what constitutes “urgent” are not yet fully clear. Previous studies have analyzed the regulation of urgent termination normatively; however, they have not examined how judges apply the criteria of urgency in judicial practice and its relationship with trust as the foundation of the employment relationship. This study analyzes Decision Number 5/Pdt.Sus-PHI/2025/PN Plk to identify the judges’ considerations in assessing urgent termination, using a normative juridical method with a case approach. The results show that the Panel of Judges applied a cumulative four-pillar approach: violation of the legality principle under the Fiduciary Security Law, ultra vires actions, a concrete loss of Rp120,000,000.00, and a breach of fiduciary duty due to a conflict of interest. Urgent termination does not require a warning letter because such conduct fundamentally damages trust, in accordance with the provisions of Law Number 6 of 2023 and Government Regulation Number 35 of 2021. The decision clarifies the limits of vicarious liability, which does not apply to actions that harm the company, with the consequence of limited compensation without severance pay and long-service awards.
LEGAL ANALYSIS OF CRIMINAL RESPONSIBILITY OF PERPETRATORS IN CLEARING LAND FOR OIL PALM PLANTATIONS IN PRODUCTION FOREST AREA (Study of Decision Number 56/ Pid.Sus /2024/PN ksn ) Chettlin Benitha; Aristoteles; Louise Theresia; Joanita Jalianery
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22023153

Abstract

Cases involving defendant Ir. Sunarto Bin ( the deceased ) Supardi, who was accused open land in the area forest protected without permission , lifting issue law important related management forests and regulations use land in Indonesia. The defendant open land For plantation coconut palm oil in Production Forest Areas Permanent (HMP), which is regulated by law Forestry (Law No. 41 of 1999). This law arrange function forests and management land , prohibit activities that change function area forest without appropriate permission . This case clear show that violation main related with management area forest as arranged in the Forestry Law , not violation to activity operational business plantation as arranged in the Plantation Law (Law No. 39 of 2014). Forestry Law focused on conservation forests and use land sustainable , while the Plantation Law discusses things technical in operation plantation like licensing , use land and management environment . In case this , action defendant in a way direct violating the Forestry Law , especially Because land used​ For plantation the is part from area forest protected . Situation This highlight importance limitation strict laws​ in use land forests and their necessity get agreement government in a way explicit before change land status forest protected For objective agriculture . With compare second Constitution this case​ This underline the need stricter enforcement of Forestry Law effective For prevent deforestation illegal and ensure practice management forest sustainable followed . Findings this also shows How gap law in protection forest Keep going hinder protection the right environment although there is relevant laws .​
Perlindungan Konsumen dalam Transaksi Pemesana Hotel Melalui Platform Digital: Analisis Normatif terhadap Kasus Penolakan Layanan oleh Pihak Hotel Indonesia Pekalongan Joshua Walker Siregar; Thea Farina; Nuraliah Ali; Joanita Jalianery
Jurnal Hukum Lex Generalis Vol 7 No 4 (2026): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i4.3051

Abstract

This study aims to analyze consumer protection in hotel booking transactions through digital platforms, focusing on a service refusal case involving a hotel in Pekalongan, Indonesia. The research uses a normative approach by examining relevant regulations, including the Consumer Protection Act and provisions governing the rights and obligations of consumers and business actors in digital transactions. The findings show that hotels must act in good faith, provide honest, proper and non-discriminatory services and deliver accurate information. Both the hotel and Traveloka are responsible for consumer losses through full refunds. This study contributes to developing more effective consumer protection policies.
The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024 Evi; Hezron Sabar Rotua Tinambunan; Joanita Jalianery
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6940

Abstract

The principle of utmost good faith is the primary foundation of insurance contracts, requiring transparency between the insurer and the insured. This principle ensures contractual fairness by requiring both parties not to conceal material facts that could affect the validity of the contract. The Constitutional Court of the Republic of Indonesia Decision Number 83/PUU-XXII/2024 introduces a new dimension to the application of this principle, particularly regarding the protection of the insured's constitutional rights and the strengthening of insurance companies' transparency obligations. This article aims to analyze the implications of the Constitutional Court's decision on the practice of implementing the principle of utmost good faith, both from a doctrinal and normative perspective. The research method used is normative legal research with a statutory and case-based approach. The results of the study indicate that the Constitutional Court's decision emphasizes the urgency of the principle of utmost good faith as a legal protection mechanism that balances the interests of insurance companies and the rights of the insured.