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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Mathematics Instruction, Social Research and Opinion LamLaj
Aurora Jillena Meliala
Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Social Sciences Other

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WORDS BEHIND MASK: COMPARING COPYRIGHT PROTECTION FOR PSEUDONYMOUS AUTHORS IN INDONESIA AND AUSTRALIA Karina Josephine Siregar; Aurora Jillena Meliala
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.3309

Abstract

This article discusses the regulation of copyright protection for pseudonymous authors from a comparative perspective between Indonesia and Australia, focusing on the fulfillment of moral and economic rights. Using a normative juridical and comparative approach, this study examines the legal gap within the Indonesian system of moral rights and economic rights of works created by authors with concealed identities. Although Article 5 of the 2014 Copyright Law recognizes pseudonymous authors, its implementation remains weak due to the absence of explicit enforcement mechanisms. On the other hand, Australia clearly separates moral rights and economic rights and adopts a statutory presumption approach to recognize and protect pseudonymous authors. However, implementing the Australian model in Indonesia faces limitations, primarily because Indonesia’s legal culture has yet to be deeply rooted in public consciousness. This study proposes context-based adaptations, such as confidential registration and the strengthening of publishing agreements, as alternative solutions. By integrating cultural values and the national legal structure, this article emphasizes the importance of localizing copyright protection to align with the legal and social characteristics of Indonesian society, while also promoting the development of a safe and inclusive literacy ecosystem for pseudonymous authors in the future.
Optimizing the Supervisory Role of the Consumer Dispute Settlement Agency in E-Commerce Transactions Concerning Consumer Losses Haezer Josuo Tio Marpaung; Aurora Jillena Meliala
Journal of Mathematics Instruction, Social Research and Opinion Vol. 4 No. 4 (2025): December
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v4i4.893

Abstract

The rapid development of digital technology has shifted the conventional trading paradigm into e-commerce transactions, which, despite offering efficiency, are highly prone to causing complex disputes between consumers and business actors. To address these potential losses, Law Number 8 of 1999 concerning Consumer Protection mandates the establishment of the Consumer Dispute Settlement Body (BPSK) as an institution tasked with supervision and dispute resolution outside the court to ensure legal certainty. This research employs a juridical-empirical method with statutory and conceptual approaches to analyze the optimization of BPSK's supervisory role and its obligations in handling consumer losses. Research data were collected through in-depth literature studies and exclusive interviews with BPSK officials to comprehensively examine the implementation of the institution's policies, functions, and authorities within the current practice of consumer protection. The results indicate that optimizing BPSK's role as a supervisor faces significant structural obstacles due to the centralization of authority to the provincial level following the enactment of the Local Government Law, as well as the absence of technical guidelines for standard clause supervision, which causes overlapping functions with trade agencies. In the specific context of e-commerce, BPSK's supervision tends to be reactive on the downstream side, acting only after complaints are lodged, while upstream electronic system supervision remains under the control of the Ministry of Trade; a condition exacerbated by the fragmentation of complaint data which has not been integrated across institutions. Regarding the restoration of rights, BPSK has proven effective in adjudicating measurable material damages, such as refunds or product replacements, through conciliation, mediation, or arbitration dispute resolution mechanisms. However, BPSK has significant limitations in handling immaterial losses due to the difficulty of measuring psychological damage parameters and the weak executorial power of its decisions, which often fail if challenged in district court, making the effectiveness of consumer protection currently highly dependent on active consumer participation and voluntary business compliance.
Legal Analysis of Patent Registration through the Patent Cooperation Treaty in Indonesia: Benefit or Loss? Caitlin Audrey Edelyne; Aurora Jillena Meliala
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.225

Abstract

This study aims to examine and analyze the legal protection of patents in Indonesia within the framework of the Patent Cooperation Treaty (PCT) system as an instrument to facilitate technology transfer, as well as to identify the key obstacles faced by inventors in utilizing it. The research employs a normative juridical method with statutory and conceptual approaches. The findings reveal that the regulatory framework governing the PCT system in relation to technology transfer has been accommodated in Article 20 of Law No. 13 of 2016 on Patents, which has since been amended by Government Regulation in Lieu of Law (Perppu) No. 2 of 2022. Nonetheless, the implementation of the PCT system faces several significant challenges, including regulatory disharmony due to the amendment of Article 20 that has led to liberal interpretations, the procedural complexity of PCT applications that demands substantial legal and technical knowledge, and the generally low level of literacy and understanding among Indonesian inventors regarding patent strategies linked to commercialization and technology transfer. Therefore, strategic measures are required to strike a balance between the protection of exclusive patent rights and the public interest in accessing and adapting technologies. Through an integrative approach oriented toward national capacity building, Indonesia has the potential to transition from a passive technology user to an active player in the global innovation ecosystem by optimizing the PCT system.
Co-Authors Caitlin Audrey Edelyne Haezer Josuo Tio Marpaung Karina Josephine Siregar