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All Journal Legal Spirit Jurnal Hukum Lex Generalis
M.T.V.M, Sri Maharani
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kekaburan Dalam Perjanjian Waralaba Nababan, Nancy Eclesia; M.T.V.M, Sri Maharani; Sutrisno, Sutrisno
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5652

Abstract

The dynamics of business development in the current era have marked franchising as a very effective strategy for business owners to expand their reach with a high level of cost efficiency. In facing market complexity and dynamics, the franchise business model has become the main choice for many business actors. Within this framework, this study explores the specific case of a franchise located in "Pok-Pok My Crispy Snack", an entity that operates in the diverse realm of the Indonesian culinary industry. The main objective of this research is to reveal and analyze the legal challenges that arise from frequently encountered franchise agreements, especially those related to ambiguity. Ambiguity in franchise agreements can be a major source of legal uncertainty that has the potential to harm the franchisee. By adopting a normative juridical approach, this research describes franchise agreements and refers to related legal literature and applicable regulations as the main basis for analysis. Through a combination of conceptual and legislative approaches, this study then carried out in-depth descriptive and analytical exploration to produce systematic findings about the various problems faced. The research results confirm that ambiguity in franchise agreements results in violations of the principle of legal certainty. Therefore, legal protection for franchisees is very important, and this can be overcome through the mechanism of adding an addendum to the agreement, resolving disputes outside of court, or through court litigation as a final step.
Perbandingan Penetapan Yang Diberikan Oleh Hakim Dalam Menghadapi Permohonan Pembagian Waris Antara Ahli Waris Dan Pewaris Yang Berbeda Agama Siswoyo, Adinda Putri; M.T.V.M, Sri Maharani; Sutrisno, Sutrisno
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5670

Abstract

The issue of inter-religious inheritance in Indonesia has emerged as a multidimensional challenge, which has multiple interpretations with a plurality of inheritance law systems. The decision of the Semarang Religious Court Judge, as reflected in the differences between judges in giving decisions, namely the comparison of the judge's decision in decision Number 190/Pdt.P/2019/PA Smg and decision Number 890/Pdt. P/ 2021 PA JS, marks an important turning point by emphasizing that divergence in religious beliefs can hinder the inheritance process, as stipulated in the Compilation of Islamic Law (KHI). However, the implementation of obligatory wills, which is recognized in jurisprudence Number 1/ Yur/ Ag/ 2018, offers a legal mechanism to overcome these restrictions, providing space for non-Muslim heirs to participate in the distribution of inheritance assets, although with certain restrictions, illustrating efforts to seek balance between adherence to Islamic doctrine and the principles of legal egalitarianism. The ideal conception regarding the distribution of inheritance assets to heirs of different religions from their heirs, as described in Jurisprudence Number 1/ Yur/ Ag/ 2018, shows significant progress in the practice of Islamic law in Indonesia. It recognizes existing social conditions where religious differences within families and wider society are a reality. The recognition of obligatory wills as a legal tool indicates efforts to adapt Islamic law to dynamic and heterogeneous social needs, offering valuable lessons about the law's ability to adapt and respond to the needs of diverse communities. Furthermore, this affirms the importance of the values of justice and equality before the law, in line with human rights principles which emphasize religious freedom and the right to inheritance as essential components of these rights.
Ganti Rugi Akibat Penyalahgunaan Artificial Intelligence (Deepfake) pada Citra Orang Terkenal di Facebook Berdasarkan Pasal 1365 BW Maharani, Rambu; M.T.V.M, Sri Maharani
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1512

Abstract

The development of artificial intelligence technology, commonly referred to as Artificial Intelligence (AI), has given rise to various new phenomena, one of which is deepfake. Deepfake is an application used to falsify videos and images to make them appear realistic. It is often misused to create fake content, including the misuse of the image of public figures on social media platforms, such as Facebook. This misuse negatively impacts reputation, privacy rights, and material interests. The aim of this research is to analyze the forms of compensation that can be imposed on parties who have harmed victims as a legal sanction based on Article 1365 of the Indonesian Civil Code (Burgerlijk Wetboek/BW) concerning Unlawful Acts (Onrechtmatige Daad). This study uses a normative juridical method with a conceptual and statutory approach, supported by primary legal materials through relevant laws and secondary legal materials from literature. The results of the analysis show that using deepfake to damage someone’s reputation by spreading false information constitutes an Unlawful Act. Victims have the right to claim compensation, both material and immaterial, provided that the elements of the Unlawful Act can be proven. Furthermore, there is a need to strengthen regulations regarding the use of artificial intelligence (AI) and to provide legal protection for victims, especially public figures who are frequently targeted in cases of deepfake misuse on social media. It is also recommended that there be collaboration between the government, digital platforms, and stakeholders to prevent and address the spread of deepfake-generated content.
Co-Authors Maharani, Rambu Nababan, Nancy Eclesia Siswoyo, Adinda Putri Sutrisno, Sutrisno