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ANALISIS PERLINDUNGAN HUKUM BAGI FRANCHISEE AKIBAT FRANCHISOR YANG MELAKUKAN PEMUTUSAN PERJANJIAN FRANCHISE SECARA SEPIHAK Monica Wijaya; Urbanisasi
JOURNAL EQUITABLE Vol 8 No 3 (2023)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v8i3.5144

In the franchisee agreement there is still an imbalance of position between the franchisor and the franchisee. This is because the clauses in the franchisee agreement are made unilaterally by the franchisor without negotiation, while the franchisee can only accept. In addition, there are also problems regarding the unilateral termination of the franchisee agreement by the franchisor which is very detrimental to the franchisee. The purpose of this research is to find out whether the unilateral termination of the agreement by the franchisor is permitted in Government Regulation Number 42 of 2007 concerning Franchising, Minister of Trade Regulation Number 71 of 2019 concerning the Implementation of Franchising and the Civil Code. Then it also aims so that we can find out about legal protection for franchisees who experience these problems. The research method used in this article is a normative legal research method. Meanwhile, the approach used is the statutory approach and the conceptual approach. Based on the results of the research that has been done, it can be concluded that unilateral termination of the agreement by the franchisor is not allowed, then the franchisee who has suffered losses due to this problem can claim compensation from the franchisor.

Pertanggungjawaban Hukum Influencer Atas Penggalangan Dana Publik: Studi Kasus Penyelewengan Donasi Selebgram: Penelitian Urbanisasi; Joe Aprella Indra
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3659

Public fundraising through digital platforms has become a common practice among influencers for social, humanitarian, educational, and health-related purposes. However, this practice is not free from legal risks, particularly if the collected funds are misused. This study examines the legal accountability of influencers in public fundraising, both civil and criminal, as well as the legal protection for donors. Under civil law, misappropriation of funds can be classified as an unlawful act (Article 1365 of the Civil Code), obligating the influencer to compensate the donors. Under criminal law, such actions may constitute fraud (Article 378 KUHP), embezzlement (Article 372 KUHP), and violations of the Electronic Information and Transactions Law (Article 28 paragraph 1), if misleading information is provided. Donor protection is further reinforced by the Consumer Protection Law and the supervision of the Financial Services Authority (OJK) over official crowdfunding platforms. The study highlights that influencer legal accountability is multidimensional, emphasizing transparency, accountability, and good faith. Implementing good governance, financial reporting, dedicated accounts, and written agreements can serve as preventive measures to reduce legal risks.

Perlindungan Hukum terhadap Karya Kecerdasan Buatan (AI): Tantangan dan Peluang bagi Sistem HAKI Indonesia: Penelitian Urbanisasi; Agusman
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3709

Rapid advances in the field of artificial intelligence (AI) have resulted in a variety of original works covering various creative fields, such as images, music, design, and scientific content. However, this raises a fundamental question in Indonesia's intellectual property rights (IPR) system, namely who should own the rights to works produced by AI, should the rights belong to the AI machine itself, the developers of the technology, or the users who utilize AI in the creative process? This study aims to conduct an in-depth analysis of the IPR legal framework in Indonesia in terms of protection for AI-based works, while also examining various challenges, both normative and practical, that arise in this context. The research method applied is juridical-normative with an approach that involves a review of applicable laws and regulations, relevant legal concepts, and comparisons with regulations and legal practices in several countries that have already regulated works produced by AI. The results of this study reveal that positive law in Indonesia currently does not explicitly regulate the ownership and protection of intellectual property rights for works produced by AI. This situation has the potential to create a normative vacuum and legal uncertainty that could have various negative implications for innovators and the creative industry. On the other hand, there are various opportunities to update regulations to accommodate developments in digital innovation, including establishing a new concept of authorship, strengthening the moral and economic rights of creators, and developing a protection scheme that is more adaptive to ever-evolving technological advances. Based on these findings, this study recommends the need to establish specific regulations or revise existing IPR laws to ensure legal certainty, provide fair protection for relevant parties, and support the sustainable development of AI technology in Indonesia.

HKI sebagai Aset Pembiayaan: Kajian Hukum, Mekanisme, dan Tantangan Implementasinya di Indonesia: Penelitian Urbanisasi; Anthony Sutedja
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3710

Intellectual Property (IP) is currently recognized as one of the valuable assets that can be owned by individuals and business entities. According to the classification of assets regulated in the Indonesian Civil Code (KUHPerdata), Book II, Chapter I, Article 499, it is stated that “under the law, an object is defined as any good and any right that can be owned.” Intellectual Property falls into the category of intangible assets, as it represents non-physical rights that carry economic value and ownership potential. However, for IP to be legally recognized as the property of an individual or a business entity, it must be formally registered with the Directorate General of Intellectual Property (DJKI). Once the registration process is completed, the owner will be granted an official certificate of ownership, providing legal protection and recognition of their intellectual rights. Alongside the rapid growth of business and the creative economy, Intellectual Property no longer serves merely as a form of protection for intellectual works but has evolved into a high-value economic asset that can be leveraged in various financial activities. One innovative approach to utilizing IP is its use as collateral for bank loans. This concept offers a new alternative for entrepreneurs, particularly those in the creative industries, who often face difficulties in accessing credit due to the lack of conventional collateral such as land or buildings. With legal recognition of IP’s economic value, financial institutions can assess and accept these rights as loan guarantees, thereby expanding access to financing for innovators and creative entrepreneurs.The implementation of IP as banking collateral aligns with the government’s efforts to strengthen the creative economy and foster innovation-driven growth in Indonesia. Nevertheless, several challenges remain, including the valuation mechanism of IP assets, legal protection of pledged rights, and the readiness of financial institutions to assess the associated risks and validity. Therefore, effective collaboration among the government, financial institutions, and IP owners is essential to establish transparent regulations and valuation systems. Such cooperation will enable the use of IP as loan collateral to function efficiently and sustainably, contributing to national economic development.

Peraturan HAKI Sebagai Jaminan Fidusia oleh Pemerintahan Prabowo Gibran: Penelitian Urbanisasi; Marsalina Susana
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3711

This study examines the implementation of regulations governing Intellectual Property Rights (IPR) as fiduciary security under the Prabowo–Gibran administration by employing the principle of legal certainty as the primary analytical framework. The research is motivated by the gap between the normative framework (das Sollen), which legally recognizes IPR as a fiduciary object, and the empirical reality (das Sein) in which implementation remains constrained by the absence of technical guidelines, the lack of certified IPR appraisers, and the reluctance of financial institutions to accept intangible assets as collateral. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the Fiduciary Law, sectoral IPR legislation, Government Regulation No. 24/2022, and academic literature. The findings indicate that the application of IPR as fiduciary collateral remains transitional and ineffective due to the unfulfilled elements of legal certainty, including clarity of norms, predictable procedures, and executable enforcement mechanisms. This research concludes that technical regulations, independent IPR appraisal bodies, administrative system integration, and institutional harmonization are essential to ensure that IPR can effectively serve as a viable financing instrument in Indonesia.

Perlindungan Hukum Hak Kekayaan Intelektual dalam Ekonomi Digital: Tantangan Penegakan Hak Cipta dan Merek di Indonesia: Penelitian Urbanisasi; Daniel Reynaldi L Tobing
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3745

The rapid growth of the digital economy has significantly transformed the creation, distribution, and use of intellectual works, creating substantial challenges for the protection and enforcement of Intellectual Property Rights (IPR) in Indonesia. This study examines two major issues: (1) the legal protection framework for copyright and trademarks within the digital economic landscape, and (2) the effectiveness of enforcement mechanisms against digital IPR infringements, along with key implementation obstacles. Copyright and trademark protections are governed by Indonesia’s Copyright Law and Trademark Law, strengthened by international standards such as TRIPs and the WIPO Internet Treaties. Enforcement mechanisms include criminal, civil, and administrative actions, as well as government-led digital access termination. However, their effectiveness remains limited due to technological complexities, low IPR literacy, slow platform responses, insufficient digital forensic capabilities, and cross-border jurisdictional barriers. This study highlights that robust IPR protection in the digital era requires regulatory harmonization, improved enforcement capacity, and strong collaboration among the government, rights holders, and digital platforms.

Keadilan dan Kepastian Hukum dalam Sistem Perpajakan Indonesia: Penelitian Gladwin Wijaya; Urbanisasi
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 2 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 2 (October 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i2.3747

This study examines two fundamental principles within Indonesia’s taxation system: justice and legal certainty, both of which serve as essential foundations for legitimizing tax collection as a state revenue instrument. Tax justice is explored from philosophical, constitutional, and normative perspectives, particularly based on Article 23A of the 1945 Constitution, the General Tax Provisions and Procedures Law (KUP), the Income Tax Law (PPh), and the Value Added Tax Law (PPN). The findings indicate that tax justice extends beyond tax rates and structures; it includes balancing the rights and obligations of taxpayers, applying progressive tax rates, ensuring non-discriminatory auditing, and providing objective dispute-resolution mechanisms. Legal certainty in taxation is analyzed through tax collection, auditing procedures, and law enforcement mechanisms.

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