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All Journal LAW REFORM Diponegoro Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA
Mitskaya, Elena
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Law, Crime, Criminology & Criminal Justice

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Problems of Equality in the Realisation of the Right to Association in Kazakhstan Mitskaya, Elena; Sarykulov, Kurmangaly; Roisah, Kholis
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.65032

Abstract

The legal regulation of the constitutional right to freedom of association in Kazakhstan does not fully align with international standards. According to the European Convention on Human Rights, everyone has the right to freedom of association with others, and this right is not necessarily confined to public associations. While the Constitution of Kazakhstan recognizes the right of citizens to freedom of association, it limits this understanding to public associations. Additionally, the right to hold meetings, rallies, and demonstrations is stipulated separately. This study aims to provide a theoretical and legal analysis of Kazakhstan's legal provisions that restrict the right to freedom of association, assess whether the practical implementation of this right in Kazakhstan complies with international human rights standards, and propose measures to eliminate unlawful restrictions. The research employs both normative-legal methods and empirical analysis. The findings indicate that priority changes include amending the Constitution and laws of Kazakhstan to remove the ban on unregistered public associations and explicitly guaranteeing the constitutional right to freedom of association for all individuals, excluding political associations. In conclusion, the study proposes the elimination of unjustified legal barriers to the exercise of the right to freedom of association, which would ensure genuine adherence to this fundamental right.
EMPOWERING CULTURAL COMMUNITIES IN PROTECTING TRADITIONAL EXPRESSIONS: LEGAL CHALLENGES IN THE DIGITAL AGE Roisah, Kholis; Rahayu, Rahayu; Al Asy'arie, Moh. Asadullah Hasan; Mitskaya, Elena; Wahyudi, Bryan Fayyadh Haq
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.134-156

Abstract

Protecting Traditional Cultural Expressions (TCEs) is essential for safeguarding national identity and the values of communities that inherit and transmit cultural knowledge. This doctrinal study, grounded in comprehensive literature analysis, examines Indonesia’s regulatory framework and the practical challenges of TCEs protection. Research demonstrates that the limited positive influence on cultural holder communities' welfare stems from a noticeable dearth of clear technical policies outlining the institutions and systems for equitable benefit-sharing. The protection afforded to traditional cultural expressions (TCEs) is inherently twofold: it substantiates the importance of cultural diversity, spirituality, and religious practice while also functioning as an essential tool to preclude cultural plagiarism and inappropriate exploitation. The custodial  communities remain essential bearing the primary responsibility for maintaining, revitalizing, and transmitting local knowledge, artistic forms, and ritual practices. Concurrently, the digital era amplifies risks of misuse; specifically, the ease of digitization and rapid dissemination increase vulnerability to unauthorized appropriation and misrepresentation. To confront these risks, a combined approach is required, including positive and defensive measures within intellectual property regimes—such as tailored sui generis protections—alongside complementary policy instruments that emphasize community rights. Indonesia's legislative efforts, including the 2014 Copyright Law and the 2022 Government Regulation on Communal Intellectual Property (KIK), are compromised by major implementation deficits that undermine effective practical enforcement. The core argument here is for clearer, highly specific legal tools and stronger institutional arrangements that actively facilitate benefit-sharing and protect community interests. Ultimately, the study calls for a cohesive strategy that integrates protection with cultural-based economic growth and community empowerment to guarantee sustainable, intergenerational outcomes that preserve heritage while simultaneously lifting local welfare.
Social Problems and Threats of Digital Technologies Based on Artificial Intelligence Sherstyuk, Vassiliy; Mitskaya, Elena; Mahfud, Muh. Afif
Jurnal Pembangunan Hukum Indonesia Vol 8, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v8i1.%p

Abstract

The problems of interaction between humans and digital technologies based on artificial intelligence cannot be regarded as resolved. The aim of this study is, through the generalisation of various viewpoints on the interaction between humans and artificial intelligence, to find an answer to the question of whether the digital revolution represents another, albeit radical, improvement in human life, one that may nevertheless displace humans from the pinnacle of evolution, or whether it constitutes something that is destined to replace humans altogether. The following methods were employed: logical analysis, observation, sociocultural analysis, synthesis, comparison, induction, forecasting, and generalisation. The results obtained indicate that three key problems in the interaction between humans and artificial intelligence have been identified. First, there is a declining human capacity to control digital technologies due to their revolutionary development. Second, there is an incorrect assessment of, or even a complete disregard for, the negative consequences of the total digitalisation of all spheres of life. Third, humans tend to overestimate their ability to control digital technologies based on artificial intelligence. In order to ensure further interaction between humans and the artificial intelligence they have created, the study proposes measures aimed at counteracting the criminalisation of artificial intelligence.
Co-Authors Al Asy'arie, Moh. Asadullah Hasan Kholis Roisah mUH. Afif Mahfud Rahayu Rahayu Sarykulov, Kurmangaly Sherstyuk, Vassiliy Wahyudi, Bryan Fayyadh Haq