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All Journal Jurnal Dinamika Hukum Rechtsidee Jurnal IUS (Kajian Hukum dan Keadilan) Unram Law Review Jurnal Ilmiah Penegakan Hukum Journal of Law Science Pena Justisia: Media Komunikasi dan Kajian Hukum SIGn Jurnal Hukum JURNAL USM LAW REVIEW Batulis Civil Law Review RIO LAW JURNAL The International Journal of Politics and Sociology Research Reformasi Hukum SASI
Ishwara, Ade Sathya Sanathana
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction Suhardin, Yohanes; Khuan, Hendri; Suryadi, Asep; Ishwara, Ade Sathya Sanathana; Thuong, Mac Thi Hoai
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3666

Abstract

Trade secret is one of the intellectual property that must be protected. This relates to the existence of a company whose economic activities are based on trade secrets. Problems related to trade secrets are trade secret violations which are only formulated as violations of positive law provisions. In fact, in the era of modern business development there is a potential for violations of trade secrets that have not been accommodated by positive law. This study aims to analyze as well as construct aspects of a violation of decency as a form of violation of trade secrets. This research is a normative legal research that uses a concept, case, and statutory approach. The results of the study confirm that the orientation of a violation of decency as a form of trade secret violation can be carried out through extensive interpretation related to expanding the meaning of "laws and regulations" which has a broader meaning, namely "in accordance with legal provisions". There are two orientations of legal construction, namely short term and long term. The orientation of short-term legal construction is carried out by expanding the meaning of violating trade secrets not only contrary to positive law, but also including violations of decency that develop in society. The long-term orientation is that it is necessary to revise the provisions of trade secret law in order to keep abreast of developments in the growing business world.
Ethical problematics and political corruption in Indonesian elections: A review of dignified justice theory Fajrin, Yaris Adhial; Ishwara, Ade Sathya Sanathana
The International Journal of Politics and Sociology Research Vol. 12 No. 3 (2024): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v12i3.275

Abstract

The purpose of this research is to discuss political corruption associated with ethical problems that are factually new in the 2024 elections in Indonesia. The practice of political corruption in the 2024 elections can be said to be massive, referring to the symptoms of new totalitarianism, namely the engineering of legal and democratic mechanisms to accommodate the political interests of certain parties. Viewed from the perspective of dignified justice, in holding the 2024 elections, there are attempts to degrade and castrate the implementation and enforcement of legal norms and ethical norms at the same time. The phenomenon of money politics, the politicization of social assistance, and the engineering of legal and democratic mechanisms through the weakening of judicial institutions, in this case the Constitutional Court (MK), is proof that there is weak enforcement of legal norms and ethical norms in the 2024 elections. Therefore, the main solution to minimize political corruption is to simultaneously understand, implement, and enforce legal norms and ethical norms as the main substance of a dignified justice perspective. Meanwhile, a concrete solution to prevent or overcome political corruption during the election period is to ensure a clear separation of powers and independence in law enforcement.
Istinbath Method in Strengthening Ultra Qui Judicial Principles in Judicial Decisions Imran, Suwitno Yutye; Apripari, Apripari; Ishwara, Ade Sathya Sanathana; Churniawan, Erifendi; Jaya, Aristama Mega; Nurikah, Nurikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3319

Abstract

the method of Istinbath is necessary to support the principle of Ultra Qui Judicat, enabling judges to possess moral characteristics in considering not only knowledge and reason but also Islamic law when making legal decisions. Overall, the significance of the Istinbath method in supporting the principle of Ultra Qui Judicat is paramount, especially in addressing contemporary and empirical issues not governed by legislative regulations. The aim of this research are : explain the concept of Istinbath and Ultra Qui Judicat influence the judge's decisions and the application of the Istinbath method used to reinforce the principle of Ultra Qui Judicat to judicial decisions. The result shows that The method of Istinbath is closely related to the principle of Ultra Qui Judicat since both share the same objective of achieving justice. In practice, judges can use the method of Istinbath to interpret the law and apply the principle of Ultra Qui Judicat in criminal cases. The principle of Ultra Qui Judicat and the method of Istinbath are essential instruments for judges in the criminal justice system to achieve justice in decision-making
The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism Kurniawan, Kukuh Dwi; Fajrin, Yaris Adhial; Ishwara, Ade Sathya Sanathana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3358

Abstract

The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials
THE PERSPECTIVE OF DIGNIFIED JUSTICE AND HUMAN RIGHTS IN BUSINESS LAW AGREEMENTS: TOWARDS ETHICAL AND FAIR CONTRACTS Khuan, Hendri; Ishwara, Ade Sathya Sanathana; Paminto, Saptaning Ruju
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5637

Abstract

The application of the principles of dignified justice and Human Rights (HAM) in business contract law in Indonesia has a very important role in creating economic growth that brings prosperity to all parties. Dignified justice must be carried out by the parties to the agreement so that the objectives of the agreed agreement can be achieved properly. The increasingly complex business contracts often reveal an imbalance in the fulfillment of rights between the parties involved. This situation can result in violations of the principles of justice and human rights, especially for parties whose position is weaker in an agreement, resulting in quite a few business disputes resulting from business agreements that have been made. Therefore, business law has a very important role in safeguarding and protecting the interests of the parties in business agreements. This journal aims to explain the importance of the principle of dignified justice in creating balance between the parties to an agreement, explain the role of human rights as a basis for protecting the fundamental rights of the parties to an agreement, and to identify challenges in implementing the principles of dignified justice and human rights in improving the quality of business agreements in Indonesia
Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana; Disantara, Geraldha Islami Putra; Abdunayimova, Dinara
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3364

Abstract

Introduction: Economic globalization has significantly influenced the practice of business law, particularly commercial contracts that are increasingly complex, cross-border in nature, and dominated by capitalist interests. Contracts, which ideally serve as instruments of justice, often function as tools of domination by stronger parties over weaker ones, thereby neglecting humanitarian, ethical, and spiritual dimensions.Purposes of the Research: The purpose of this research is to analyze how the principles of prophetic law can be integrated into modern commercial contract practices and to identify the challenges arising in the era of globalization.Methods of the Research: This study employs normative legal research with a conceptual approach, examining the principles of prophetic law and linking them to contemporary business law practices. The data were analyzed qualitatively through a review of legal literature, philosophical discourse, and modern commercial contract practices.Results Main Findings of the Research: The findings indicate that the principle of humanization plays a crucial role in restoring contracts to their human dignity by protecting weaker parties; the principle of liberation calls for the elimination of exploitative contractual practices; while the principle of transcendence stresses the necessity of embedding ethical and spiritual values in business. The challenges of integration include the dominance of global capitalism, rigid digital contract frameworks, and the weak moral awareness of business actors. The originality of this study lies in its systematic effort to connect prophetic law with modern commercial contract practices, thereby offering a new paradigm for global business law that is more just, humane, and sustainable.
Co-Authors Abdunayimova, Dinara Angraeni, Novita Apripari, Apripari Bintara Sura Priambada Churniawan, Erifendi Cut Fadhlan Akhyar Disantara, Fradhana Putra Disantara, Geraldha Islami Putra Fajrin, Yaris Adhial Firmansyah, Jaka Gaol, Selamat Lumban Hadi, Adwi Mulyana Hulwanullah, Hikam Irwan Irwan Jaya, Aristama Mega Khuan, Hendri Kurniawan, Kukuh Dwi Masrur, Toha Nurikah, Nurikah Putra, Rengga Kusuma Raden Mohamad Herdian Bhakti Rina Khairani Pancaningrum, Rina Khairani Rodliyah Rodliyah, Rodliyah Saptaning Ruju Paminto Saragih, Geofani Milthree Suwitno Yutye Imran Thuong, Mac Thi Hoai Yenny Febrianty