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LEGAL RECONSTRUCTION OF INTELLECTUAL PROPERTY RIGHTS PROTECTION BASED ON DIGITAL JUSTICE TOWARDS PLATFORM ECONOMIC INEQUALITY IN INDONESIA Muhibuddin; Zulkifli; Teuku Yudi Afrizal; Nasrianti; Sofyan Jafar
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 3 (2025): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Indonesia’s digital economy exceeded USD 82 billion in transaction value in 2023 and is projected to become the largest digital market in Southeast Asia by 2030. Despite this rapid growth, the expansion of platform-based digital markets has generated significant economic inequality between digital platforms and intellectual property rights (IPR) holders, particularly local creators and small digital enterprises. This study analyzes the legal reconstruction of intellectual property protection based on the principle of digital justice in addressing platform economic inequality in Indonesia. Employing a normative juridical method, the research applies statutory, conceptual, and comparative approaches. The study finds that Indonesia’s existing IPR framework remains largely conventional and has not adequately responded to challenges arising from algorithmic control, data monopolization, unequal royalty distribution, and the dominance of digital platforms within the digital economy ecosystem. Furthermore, the lack of algorithmic transparency and limited legal accountability of digital platforms contribute to structural imbalances in the distribution of digital economic benefits. This study proposes a legal reconstruction model through strengthening platform accountability, reforming digital royalty mechanisms, enhancing protection of creators’ digital rights, and harmonizing IPR regulations with digital economy and data protection laws. The study concludes that intellectual property protection in the digital era should not solely emphasize legal certainty, but must also ensure distributive digital justice and equitable economic participation in Indonesia’s platform economy.
RECONSTRUCTING CONTRACT LAW: CHALLENGES AND WEAKNESSES IN PROTECTING CONSUMER RIGHTS AND ECONOMIC JUSTICE IN THE DIGITAL ERA Teuku Yudi Afrizal; Nasrianti; Sofyan Jafar; Muhibuddin; Zulkifli
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The rapid expansion of digital platforms in Indonesia has transformed the country's economy, creating significant opportunities for businesses and consumers alike. According to the e-Conomy SEA 2023 report, e-commerce transactions in Indonesia reached IDR 487.01 trillion in 2024, marking it as one of the largest digital markets in Southeast Asia (Google, Temasek, & Bain, 2023). However, despite the economic growth, the dominance of these platforms has introduced structural inequalities that disadvantage consumers, particularly in terms of data privacy, misleading advertisements, and lack of transparency in pricing and contract terms. Traditional contract law offers a critical perspective on these issues, grounded in principles of justice, honesty, and the prohibition of uncertainty. These principles are essential for addressing the challenges arising from digital transactions, where platform monopolies and the exploitation of consumer data have become widespread. However, current Indonesian contract law, including Law No. 8 of 1999 on Consumer Protection and Law No. 27 of 2022 on Personal Data Protection, has failed to adequately protect consumers in the digital space, as these regulations were designed for traditional markets and have not evolved to address the complexities of platform-based digital contracts. This study uses a normative juridical approach to analyze the gaps in Indonesia’s current legal framework and examines how traditional principles can provide a foundation for improving consumer protection in the digital economy. By emphasizing distributive justice, platform accountability, and algorithmic transparency, the research proposes a legal reconstruction model for Indonesia that integrates human rights principles and global best practices. The findings suggest that legal reforms are urgently needed to ensure fairness, equitable access, and protection for digital consumers while fostering a more just and transparent digital marketplace.
RECONSTRUCTING CONTRACT LAW: ADDRESSING IMBALANCES AND ETHICAL CHALLENGES IN MODERN COMMERCIAL TRANSACTIONS Nasrianti; Zulkifli; Teuku Yudi Afrizal; Sofyan Jafar; Muhibuddin
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The rapid growth of Indonesia's digital economy has significantly transformed consumer-business interactions, particularly with the rise of e-commerce platforms. As digital platforms like Tokopedia, Shopee, and Go-Jek dominate the market, there are growing concerns about consumer exploitation, pricing manipulation, and data privacy violations. Despite the existence of consumer protection laws, such as Law No. 8 of 1999 on Consumer Protection and Law No. 7 of 2014 on Trade, these regulations fail to fully address the unique challenges posed by the digital economy. This study critically examines the gaps in Indonesia's current consumer protection laws and proposes reforms to create a more transparent and equitable digital marketplace. By integrating global best practices and focusing on ethical trade practices, this research highlights the importance of algorithmic transparency,fair pricing, and data protection in the digital economy. The study concludes that a legal reconstruction is necessary to ensure that consumer rights are protected and that businesses operate fairly in the digital age.
THE URGENCY OF CONSUMER PROTECTION LEGAL REFORM IN LIVE SHOPPING TRANSACTIONS IN INDONESIA Sofyan Jafar; Muhibuddin; Zulkifli; Teuku Yudi Afrizal; Nasrianti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The development of digital technology has driven the emergence of a new live-streaming, or live shopping, trading model on e-commerce platforms and social media in Indonesia. This trading system allows businesses to promote products interactively and in real time to consumers. While offering convenience in digital transactions, live shopping also raises various legal issues that have the potential to harm consumers, such as product information manipulation, goods that do not conform to promotions, digital fraud, the use of detrimental standard clauses, and the misuse of consumers' personal data. These conditions indicate that consumers remain in a weak position in modern digital commerce practices. This study aims to analyze the effectiveness of legal protection for consumers in live shopping transactions in Indonesia and to evaluate the weaknesses of consumer protection regulations in addressing the development of live-streaming-based digital commerce. The study uses a normative legal research method with a statutory, conceptual, and case-based approach. Legal materials were obtained through a literature review consisting of primary, secondary, and tertiary legal materials. The results indicate that legal protection for consumers in live shopping practices is not yet effective. Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Information and Electronic Transactions do not specifically regulate live shopping-based trade mechanisms. Furthermore, weak oversight of digital platforms, low public legal literacy, and suboptimal digital dispute resolution mechanisms mean that consumer legal protection remains normative and unable to provide maximum legal certainty. The novelty of this research lies in its specific analysis of the effectiveness of consumer legal protection in live shopping practices, a rapidly growing modern digital commerce model in Indonesia. This research also emphasizes the urgency of digital regulatory reforms that are more adaptive to technological developments and e-commerce activities.