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All Journal Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik
Mulfirana
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Copyright Protection in the NFT Ecosystem: Legal Challenges and Policy Recommendations for Indonesia Mulfirana; Khausan, Makmur; Taufik, Moh
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2299

Abstract

Non-Fungible Tokens (NFTs) present significant opportunities for the creative industry in digitizing and monetizing artistic works. However, a major challenge arises in copyright protection, particularly in Indonesia, which has yet to establish specific regulations addressing NFTs within its intellectual property (IP) law framework. Currently, legal protection relies on Law No. 28 of 2014 on Copyright, which does not fully accommodate the characteristics of blockchain technology. This study aims to analyze copyright protection in Indonesia's NFT ecosystem, compare it with regulatory frameworks in the United States and the European Union, and provide policy recommendations that are more adaptive to the advancement of digital technology. The research adopts a normative juridical approach, incorporating comparative legal analysis and empirical studies through interviews with 15 key stakeholders, including digital artists and legal practitioners. The findings indicate that 78% of respondents perceive Indonesia’s current regulatory framework as ineffective in protecting NFT copyrights, whereas regulatory developments in the United States and the European Union have successfully reduced NFT copyright disputes by 40% over the past five years. Additionally, an analysis of 30 NFT-related disputes on OpenSea and Rarible reveals that 65% of cases involve copyright claims that cannot be effectively resolved through national legal mechanisms. This study recommends implementing a takedown notice mechanism, integrating smart contracts for creator royalties, and strengthening digital arbitration frameworks within Indonesia’s legal system. With clearer regulations, Indonesia’s NFT ecosystem is expected to develop with stronger legal protections for digital content creators
Kebijakan Publik dalam Perspektif Hukum: Studi Kasus Implementasi Undang-Undang Cipta Kerja dengan Metode Studi Dokumen Mulfirana; Taufik, Moh; Wiratman, Ajus
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 1 (2025): Maret 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v3i1.2335

Abstract

The enactment of Law No. 11 of 2020 on Job Creation (UU Cipta Kerja) aims to simplify bureaucracy, attract investment, and create job opportunities in Indonesia. However, its implementation has raised legal uncertainties, particularly following the Constitutional Court’s ruling that deemed the law conditionally unconstitutional. Concerns have also emerged from labor unions and environmental organizations regarding its potential impact on workers’ rights and environmental sustainability. This study analyzes the legal and public policy perspectives of UU Cipta Kerja by evaluating its impact on investment, employment, and legal certainty. Using a qualitative approach with a document study method, this research examines legal documents, policy regulations, and court rulings, supplemented by expert interviews. The findings reveal that the law contributed to an 8.3% increase in Foreign Direct Investment (FDI) in its first year, reaching IDR 454 trillion in 2021. However, contract workers increased by 25%, raising concerns about job security. Additionally, five constitutional challenges were filed against the law in 2023, reflecting legal uncertainty. Weaknesses in environmental oversight were also identified due to relaxed business licensing requirements. These findings suggest that while UU Cipta Kerja supports investment growth, stronger legal safeguards and monitoring mechanisms are needed to ensure balanced benefits for all stakeholders. This study contributes to discussions on labor and investment policies by emphasizing the need for inclusive regulatory reforms that align economic growth with legal stability and worker protection.  
Co-Authors Khausan, Makmur Taufik, Moh Wiratman, Ajus