Kim Hyeonsoo
School of Law, Inha University

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Artificial Intelligence, Innovation, and Copyright: Comparing Intellectual Property Law in Indonesia and South Korea Syafrinaldi Syafrinaldi; Kim Hyeonsoo; Rani Fadhila Syafrinaldi; David Hardiago
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.1227

Abstract

The rapid advancement of Artificial Intelligence (AI) is reshaping industries globally, raising critical questions about the intersection of technology, law, and innovation. In particular, AI's ability to autonomously generate creative works challenges traditional concepts of authorship, ownership, and intellectual property (IP) rights. As AI technologies continue to evolve, existing legal frameworks, particularly in the realm of copyright, struggle to keep pace. This issue is especially pronounced in countries like Indonesia, where traditional copyright laws fail to address the complexities introduced by AI-generated content. In contrast, South Korea has made notable strides in reforming its IP laws to accommodate technological advancements, offering a more adaptive approach to regulating AI-driven innovation. This study critically analyzes the adequacy of copyright regulations in Indonesia in the context of AI and compares them with South Korea's more progressive legal responses. The research addresses the urgent need for legal reform in Indonesia to ensure that its IP laws remain relevant in an era of rapid technological change. By examining the regulatory responses of both countries, this study highlights the potential risks and opportunities for innovation that arise from the current legal landscapes. The contribution of this research lies in its comparative approach, shedding light on how differing legal systems address the challenges posed by AI. Through this analysis, the study provides valuable insights into how Indonesia can evolve its copyright framework to foster innovation while protecting the rights of creators, offering a model for countries facing similar technological and legal challenges.
Enhancing External Oversight of Constitutional Judges: A Study on the Role of the Judicial Commission in Indonesia and South Korea Suparto Suparto; Kim Hyeonsoo; David Hardiago; Rani Fadhila Syafrinaldi
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14140

Abstract

This study addresses the urgent need for enhanced external oversight of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of judicial misconduct and rising public dissatisfaction highlight the necessity for effective mechanisms that ensure transparency and ethical conduct among judges. The research investigates the roles and effectiveness of the Judicial Commissions in both countries, providing critical insights into their operations and impacts on judicial oversight. By employing a comparative approach, the study reveals the strengths and weaknesses of each commission’s framework, focusing on ethical guidelines, disciplinary processes, and public engagement strategies. It identifies best practices that could be adapted or improved to enhance judicial oversight, thereby fostering greater public trust in the legal system. The findings indicate that while both commissions aim to uphold judicial integrity, their effectiveness is influenced by contextual factors such as political dynamics and public perception. Additionally, this study explores the implementation of external oversight for Constitutional Judges in Indonesia, particularly in light of the establishment of the Constitutional Court following the 1945 Constitution amendment. Given the court’s crucial role in upholding constitutionalism, the exclusion of constitutional judges from oversight mechanisms is untenable. The Judicial Commission emerges as the most suitable body for external supervision, yet prior legislative efforts to integrate constitutional judges under its purview have been invalidated by the Constitutional Court. To rectify this, the study recommends amending Article 24B paragraph (1) of the 1945 Constitution to explicitly include "Constitutional Judges." This amendment is essential to ensure that all judges, including constitutional judges, are subject to the same level of external scrutiny. Ultimately, this research contributes to the broader discourse on judicial independence and accountability, offering actionable recommendations to strengthen oversight institutions and foster a more resilient judiciary in both Indonesia and South Korea.