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All Journal LEGAL BRIEF Jurnal Syntax Imperatif : Jurnal Ilmu Sosial dan Pendidikan Jurnal Hukum Lex Generalis Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Research Horizon
Fikri, Ahmad Ma’mun
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : LEGAL BRIEF

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Legal Philosophy Values in the Law Formation in Indonesia Agustina, Ria; Anas, Kamal; Jalaluddin, Jalaluddin; Fikri, Ahmad Ma’mun
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1318

Abstract

The most significant influence on the development of Indonesian law is legal philosophy. The term "Pancasila" refers to the entirety of regulations and laws, beginning with our constitution. All regulations that are not based on our constitution must establish Pancasila as the basis and foundation of the law. Indonesia's legal framework is known as Pancasila. Consequently, Pancasila is recognized as both a philosophy and a written law in Indonesia that encompasses living law. The issue is the extent to which legal philosophy influences the development of the legal system in Indonesia. Certainly, it is crucial to address this issue. The legal method was implemented by the authors to evaluate this issue with normative law. The authors' methodology was derived from numerous books that address comparable issues. The results of this research show that Legal philosophy is a critical component of Indonesian law, serving as both a guide for its development and a necessity. Legal philosophy contributes to the elucidation of the philosophical foundation of legal values, capable of achieving the ideals of justice and order in society in accordance with the reality of the applicable law
Song Copyright Law Reform in Indonesia Westiartika, Dhira Taramadia; Abdulhamid, Muhammad; Nobel, Raden Muhammad; Fikri, Ahmad Ma’mun
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1321

Abstract

 Copyright on songs is one component of intellectual property rights that is philosophically based on the theory of naturalism and the theory of interests. However, in the Indonesian context, it also needs to be understood through the Marhaenism approach which emphasizes social justice. The National Collective Management Institution which was established based on Government Regulation Number 56 of 2021 and Law Number 28 of 2014 is tasked with managing copyright licenses. However, its existence raises various problems, including the potential for monopoly, lack of transparency, and limited access for independent music creators. The purpose of this study is to determine how copyright regulations are implemented in Indonesia. Using normative legal methods and secondary data, this study proposes a hybrid licensing model that will reform the copyright licensing system in Indonesia by implementing a progressive and responsive legal approach. This model will allow creators to choose between collective licenses and individual licenses based on digital technology. This reform is expected to realize distributive justice, more adaptive legal protection, and respect for the moral and economic rights of creators in a balanced manner
Co-Authors Agustina, ria Anas, Kamal Anwar Asfihani, Nadya Zhafira Auliansyah, Dicky Damayanti, Rahma Dilaga, Ramadhani Kurnia Effendy, Meyland Citra Oktri Sienty Harinawantara, B. Hangga Herjunaidi Hermawanto Jalaluddin Jalaluddin Karnado, Gustira Lesmana, Deni Angki Maharani, Annisa Fitri Meirianna, Esa Muhafid, Muhafid Muhammad Abdulhamid Nobel, Raden Muhammad Parulian, Indra Pratama, Perdana Akbar Pujatilusari, Shinta Pusparani, Carla Rizkiandini, Sulfa Sopandani, Piasti Ulfa, Alfira Westiartika, Dhira Taramadia Wildan Wildan