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All Journal Media Hukum Indonesia (MHI)
Fatin, Kayla Alima
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Law, Crime, Criminology & Criminal Justice

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Implikasi Pertarungan Hukum Hasan Azhari VS Gojek Tokopedia bagi Ekosistem Startup Indonesia Fatin, Kayla Alima; Dewi, Tiwi Ayu Haresa; Hanif N, Fakhri; Klarisa, Agnes Widya; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The legal case between Hasan Azhari and PT Goto Gojek Tokopedia Tbk, along with Nadiem Makarim, the Minister of Education and Culture, emerged after Hasan filed a lawsuit worth IDR 41.91 trillion in the Central Jakarta Commercial Court. In his lawsuit, Hasan accused the defendants of copyright infringement concerning a written work and computer program he claimed to have created, which served as the foundation for an online motorcycle taxi ordering method he developed in 2008. He sought compensation for lost revenue and royalties from Gojek's income in 2020 and 2021. This is not Hasan's first lawsuit; in 2021, he also filed a similar claim against Gojek for IDR 24.9 trillion, which the court subsequently dismissed. The case highlights crucial issues within Indonesia's startup ecosystem, particularly regarding copyright protection and its impact on innovation. Many experts have expressed skepticism about the claim, noting that the online motorcycle taxi business model has been widely adopted by various companies globally. The implications of this case for Indonesia's startup ecosystem are significant. If the lawsuit is upheld, it could set a dangerous precedent for innovation and the development of new businesses, given the legal risks that technology companies operating in similar domains might face. Furthermore, the case underscores the need for clear copyright regulations to ensure they do not hinder the growth of the creative and technology industries in Indonesia.
Peran Acta Van Dading Sebagai Penyelesaian Sengketa: Studi Kasus Wanprestasi Dalam Kontrak Kemitraan Sawit Tobing, Vania Athalia Lumban; Manalu, Yuris Utrecht Boantua; Fatin, Kayla Alima; Prakosa, Reza Bintang; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15348300

Abstract

The resolution of disputes in cases of breach of contract (wanprestasi) can be amicably achieved through acta van dading. A peace agreement through acta van dading involves both parties agreeing to fulfill their rights and obligations as outlined in the mutual agreement. This study focuses on a case study of breach of contract in a palm oil partnership involving PT. AD against PT. SS and PT. AB under Case Number 36/Pdt.G/2024/PN Pkb, which was resolved amicably through acta van dading. Based on this, the authors conducted research to determine whether the actions of PT. AD can be categorized as a breach of contract from a legal perspective and how the dispute was resolved through acta van dading. The research method used is qualitative, with a normative juridical approach. This approach examines legal regulations and theories related to acta van dading in resolving breach of contract disputes in palm oil partnership agreements. The findings of this study demonstrate that acta van dading is effective in resolving breach of contract disputes as it preserves business relationships between parties. However, the success of the resolution heavily depends on the compliance of the parties with the terms of the agreement. This research provides insights into the application of the breach of contract concept and the effectiveness of acta van Dading as a solution for resolving disputes in business contracts.
Co-Authors Dewi, Tiwi Ayu Haresa Dwi Desi Yayi Tarina Hanif N, Fakhri Klarisa, Agnes Widya Manalu, Yuris Utrecht Boantua Prakosa, Reza Bintang Tobing, Vania Athalia Lumban