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The Urgency of Using YouTube Channels as Loan Collateral: Orientation and Limitations from a Progressive Legal Perspective: Urgensi Penggunaan Channel YouTube Sebagai Jaminan Utang: Orientasi dan Limitasi dalam Persepektif Hukum Progresif. Bagenda, Christina; Carbonilla, Cicilia Hellena
Indonesian Journal of Innovation Studies Vol. 24 (2023): October
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v25i.976

Abstract

This scientific article presents a comprehensive analysis of the legal regulations and progressive legal aspects associated with using YouTube channels as collateral in Indonesian businesses. In the digital era, the complexity of relevant laws and regulations necessitates a progressive legal approach to accommodate digital assets, copyright protection, and personal data security while considering their impact on business transactions. The primary objective of this research is to examine the legal framework concerning the use of YouTube channels as collateral in Indonesia. Employing a normative legal research methodology and a legislative and conceptual approach, this study delves into the legal framework. The source materials include legislation, court decisions, legal literature, and scholarly articles, utilizing in-depth document analysis for data collection and analysis. The results of this research shed light on the multifaceted legal regulations governing the utilization of YouTube channels as collateral, encompassing legislation, copyright protection, consumer rights, and social media regulations, emphasizing the importance of understanding rights and responsibilities, and consulting legal experts. From a progressive legal perspective, the use of YouTube channels as collateral mirrors the legal adaptation to digital assets, acknowledging their economic value but requiring careful consideration of limitations such as fluctuating digital asset value, ownership changes, copyright, and data privacy. The significance of individual rights, copyright protection, and data privacy must be safeguarded within progressive legal regulations. This study contributes to the legal discourse on digital asset usage in Indonesia, offering insights into the evolving legal landscape and its implications for digital business transactions and asset management. Highlights: Legal Complexity: The study explores the intricate legal landscape governing the use of YouTube channels as collateral in digital business transactions. Progressive Legal Adaptation: It highlights the need for progressive legal approaches to accommodate digital assets, copyright protection, and data privacy in the digital era. Rights Safeguarding: The research emphasizes the importance of upholding individual rights, copyright protection, and data privacy within the legal framework for digital collateral use. Keywords: YouTube Collateral, Legal Framework, Digital Business, Copyright Protection, Data Privacy
THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD IN GRANTING CHILD CUSTODY RELATED TO DIVORCE Bagenda, Christina; Carbonilla, Cicilia Hellena
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4675

Abstract

The principle of the best interest of the child is a fundamental principle universally recognized in the protection of children's rights. This principle is especially relevant in the context of divorce, where decisions regarding child custody must be made with a comprehensive consideration of the child's best interests. The purpose of this research is to analyze the application of the best interest of the child principle and to identify the main factors considered in making custody decisions in divorce cases in Indonesia. This research employs a normative legal research method with legislative and conceptual approaches. The sources of legal materials in this study include primary, secondary, and tertiary legal materials, and the data analysis technique used is qualitative analysis. The research findings reveal that the principle of the best interest of the child is applied in making child custody decisions in divorce cases in Indonesia by considering various factors related to the child's overall welfare, such as the child's age, the emotional bond between the child and the parents, the living environment, the child's safety and well-being, and the parents' ability to provide proper care. Other main factors considered include the parents' physical and mental health conditions, history of domestic violence, and the child's wishes or opinions if they are mature enough. The court will assess and consider all these factors comprehensively to decide on child custody based on what is most aligned with the best interest of the child in the divorce case.