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Urgensi Pelindungan Ekspresi Budaya Tradisional Seni Genggong Sumedang Sebagai Objek Kekayaan Intelektual Komunal Di Indonesia Khofiyanisa, Nurauliya Syifa; Miranda Risang Ayu Palar; Laina Rafianti
Equality : Jurnal Hukum dan Keadilan Vol 1 No 2 (2024): Hukum Artificial Intelligence
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v1i2.137

Abstract

The protection of traditional cultural expressions within the concept of Communal Intellectual Property is an effort to preserve cultural aspects. One such expression needing protection is the Genggong Art of Sumedang. This research aims to understand the issues related to the Genggong Art of Sumedang, which has not yet received defensive protection as a Communal Intellectual Property object, and the legal provisions that can support its protection. Using a normative juridical and sociological juridical approach, the research collects primary data through field studies and interviews, and secondary data through literature studies, including relevant regulations and other secondary legal materials. The findings indicate that normative provisions on intellectual property in Indonesia have not been optimally implemented. This is due to a lack of socialization about the importance of communal intellectual property protection and an understanding of registration procedures. Therefore, optimal cooperation and coordination are needed both in the registration context between the originating community and the Sumedang Regency Government, as well as in promoting the importance of defensive protection of traditional cultural expressions between the Sumedang Regency Government and the Ministry of Law and Human Rights.
Implikasi Pemberlakuan SEMA 2/2023 terhadap Perkawinan Beda Agama Ditinjau dari Hukum Positif Indonesia dan Hukum Keluarga Syaharani, Tyara Ayu; Khofiyanisa, Nurauliya Syifa
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 7 (2024): February
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10645908

Abstract

The legal vacuum and uncertainty that exists regarding the regulation of interfaith marriage has become a polemic that is present in the community to this day. The guidelines used by judges to resolve cases of applications for registration of marriages of different religions are contained in SEMA 2/2023 which is considered as a step to end this polemic. However, in practice, cases of applications for registration of interfaith marriages are still granted after the existence of SEMA 2/2023. This study aims to examine the implications of the enactment of SEMA 2/2023 on interfaith marriages in Indonesia. The research method used is normative juridical through literature study as a data collection technique and analyzed using normative provisions of Indonesian positive law regarding marriage law and family law. The results show that interfaith marriages generally have major implications for family law resulting from interfaith marriages, namely children's rights, inheritance rights, and division of joint property. However, the nature of SEMA which is not retroactive makes the status of interfaith marriages that were held before the existence of SEMA 2/2023 still have the right as it should be.