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All Journal FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan Islamika : Jurnal Ilmu-Ilmu Keislaman Jurnal Independent Jurnal Integrasi Ilmu Syariah (Jisrah) Al Hurriyah : Jurnal Hukum Islam Al-Istinbath: Jurnal Hukum Islam JME (Journal of Mathematics Education) Al Ushuliy Jurnal Salingka Nagari
Nabilah, Wardatun
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Jurnal Independent

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Basic Analysis of the Exercise of Judicial Power (Integration of Islamic Law and Positive Law) Nabilah, Wardatun; Shodiq, Ja'far; Rizal, Deri
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.279

Abstract

Abstract This study aims to see the form of integration of Risalah al-Qadha as Islamic judicial principles and the principle of administering Indonesian Judicial Authority. This study uses a qualitative method with a descriptive approach to the analysis of the documents used in the study, namely Risalah al-Qadha and Law No. 48 of 2009 regarding Judicial Authority. This study argues that Indonesia's modern judiciary has undergone a transformation. One of this is the application of normative Islamic law to positive Islamic law. The judiciary (judiciary) functions to carry out all legal provisions consequently so as to create fair laws. Similarly, the importance of sulthah qadhaiyyah (judicial institution) is a necessity and an absolute condition that must be fulfilled. The contextualization of Islamic judicial principles which is manifested in the principle of administering Indonesian Judicial Authority in the principle of a free and impartial judiciary, the judiciary is democratic and equal in law and transparent.
Attributing Legal Responsibility for Deepfake Pornography Generated by Artificial Intelligence: A Juridical Analysis Dian Ningtias, Ayu; Nabilah, Wardatun; Ardiansyah, Diyan
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.384

Abstract

The development of artificial intelligence technology has brought about major transformations in various fields, including in the digital media sector. One form of innovation that has emerged is deepfake technology. Although useful in some positive contexts, this technology has also been misused, especially in the form of pornographic deepfakes, namely the creation and distribution of fake pornographic content by displaying someone's face without permission. This phenomenon raises serious problems because it not only violates the right to privacy and individual dignity, but also has psychological and social impacts on victims. Although Indonesia does not yet have regulations that specifically regulate deepfakes, perpetrators can still be charged using the provisions of the Electronic Information and Transactions Law (UU ITE), the Pornography Law, and the Criminal Code (KUHP). However, the existing legal framework has not been fully able to answer the challenges of digital crime that continues to grow. Therefore, a more comprehensive and adaptive regulatory update is needed, as well as a strong legal protection mechanism for victims, to ensure legal justice in the increasingly complex digital era.
Legal Liability for Prestige Brand Parody for Ads Nayasari, Dhevi; Nabilah, Wardatun; Tjahjani, Joejoen; Agustin, Velinsia Cindy
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.409

Abstract

Parody of prestige brands in the context of commercial advertising has sparked complex legal debates, particularly regarding the boundary between freedom of expression and trademark protection. Prestige brands, as brands with a high reputation and strong symbolic value, are vulnerable to forms of exploitation that can harm their image and economic value. Based on the background above, the author proposes the following problem formulation: first, what is the legal responsibility of parody advertisers towards prestige brands? And second, how is the legal protection of prestige brands that are parodied for advertisement purposes? This research employs a normative legal type, with a statutory approach. The legal materials used are primary legal materials including: Law Number 20 of 2016 concerning Brands and Geographical Indications, and Law Number 28 of 2014 concerning Copyright. From the research results, it can be concluded that: the use of famous brands in parodies is not automatically protected by freedom of expression if the purpose is commercial and can mislead consumers. The perpetrators of the parody can be held legally accountable if the parody causes damage to the owner of the prestige brand, even though parody is a form of freedom of expression, its use must heed legal provisions so as not to violate the exclusive rights of the brand owner. The owner of the prestige brand has the right to demand the cessation of violations and compensation for the economic and moral damages incurred.
Co-Authors Agustin, Velinsia Cindy alfi husni, alfi Alfiander, Dodon Ardiansyah, Diyan Asrinaldi Asrinaldi Dewi Putri Dian Ningtias, Ayu Dian Pertiwi Eficandra Eficandra Farida Arianti Fuat, Fuat Hayati, Riska Fauziah Herlina, Popi Khairina Khairina, Khairina Mariko, Suhatri Nayasari, Dhevi Nofrianti, Mami Octavia, Nurul Aini Putri, Siska Elasta Risalah, Dewi Rizal, Deri Salma, Rahmi Febriyanti Shodiq, Ja'far Surya Sari Faradiba Tjahjani, Joejoen Vebriani, Anita Wani, Anisa Warman, Arifki Budia Widjajanti, Kristina Yustiloviani, Yustiloviani Zainuddin, Zainuddin Zulkifli Zulkifli