Article Per Year (5 Year)
p-Index From 2021 - 2026
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This Author published in this journals
All Journal Jurnal Daulat Hukum Green Social: International Journal of Law and Civil Affairs Nusantara: Journal Law and Islamic Law
Muthia Sakti
Universitas Pembangunan Nasional “Veteran” Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Liability for Copyright Infringement of Video Content Uploaded by Malaysian Individuals for Commercial Purposes on TikTok Risca Selfeny; Muthia Sakti; Iwan Erar Joesoef
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i2.183

Abstract

The rapid evolution of digital technology, specifically the TikTok platform, has precipitated a surge in unauthorized use and modification of video content for cross-border commercial exploitation, as exemplified by the legal dispute between dr. Leo and various Indonesian content creators. This research aims to analyze the specific legal sanctions for digital copyright infringement and to formulate a prescriptive application of Article 5 of Law Number 28 of 2014 on Copyright to ensure legal certainty for creators. Utilizing a normative juridical research method with statutory and case-based approaches, this study examines national positive laws alongside international legal instruments, including the Berne Convention and the WIPO Copyright Treaty. The findings demonstrate that unauthorized modification constitutes a breach of both moral and economic rights, punishable by criminal, civil, and administrative sanctions. Nevertheless, enforcement remains hindered by jurisdictional complexities and suboptimal Mutual Legal Assistance (MLA) frameworks between Indonesia and Malaysia. Ultimately, this research concludes that a rigorous application of Article 5, bolstered by enhanced international cooperation and digital platform accountability, is imperative to safeguard intellectual integrity and ensure justice for creators in the digital age.
Legal Synchronization of Bankruptcy Asset Distribution: Prioritizing Workers Over State Taxes (An Analysis of the Constitutional Court Decision No. 67/PUU-XI/2013 Regarding the Position of Workers and State Taxes in Bankruptcy Asset Distribution) Andre Rizaldy; Muthia Sakti; Iwan Erar Joesoef
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.194

Abstract

This study examines the legal conflict between workers' wage claims and state tax obligations in bankruptcy proceedings under Indonesian law, focusing on the constitutional imperative to prioritize workers' rights. The Introduction contextualizes the tension between Article 95(4) of the Labor Law, which mandates wage prioritization, and tax legislation granting precedence to state claims, highlighting the landmark Constitutional Court Decision No. 67/PUU-XI/2013 that affirmed workers' constitutional rights to timely wages. Employing a Method of normative legal research, the analysis integrates statutory and case approaches, reviewing laws on bankruptcy (UU No. 37/2004), labor rights, and taxation, alongside judicial decisions and international frameworks like ILO Conventions No. 100 and 111. Results reveal that while the Constitutional Court’s decision established workers’ absolute priority over tax claims, regulatory disharmony persists due to conflicting provisions in the Tax Law (UU KUP) and the 2020 Job Creation Law (UU Cipta Kerja), which ambiguously subordinates tax claims only to secured creditors. Discussion underscores the necessity for legal synchronization to align labor and tax regulations, ensuring compliance with Gustav Radbruch’s principles of legal certainty and Hans Kelsen’s normative hierarchy. The study advocates legislative reforms to codify workers’ priority in bankruptcy, drawing parallels with Malaysia’s Employment Act 1955 and France’s AGS system, which institutionalize wage protection. By addressing regulatory contradictions, Indonesia can harmonize constitutional mandates with fiscal policies, balancing social justice and economic stability.
Binding Force of Non-Disclosure Agreement as Means of Trade Secret Protection in Decision No. 832/Pdt.G/2023/PN.Jkt.Brt Evan Dori; Muthia Sakti
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.48966

Abstract

This research is entitled “Binding Force of Non-Disclosure Agreement as Means of Trade Secret Protection in Decision No. 832/Pdt.G/2023/PN.Jkt.Brt” The object of this study is the regulation and implementation of NDAs within the framework of Indonesia’s positive legal system. The purpose of this research is to explain the form of overlap between civil law and intellectual property law, which results in weak legal certainty in the protection of trade secrets. The research method applied is normative juridical research with a statutory and case study approach, focusing on Decision No. 832/Pdt.G/2023/PN.Jkt.Brt. The results show that NDAs are legally recognized as innominate agreements under Article 1338 of the Indonesian Civil Code. However, their application in the context of trade secret protection remains ineffective due to differences in legal regimes and institutional arrangements under Law No. 30 of 2000. The case analysis demonstrates that the court still interprets NDA violations narrowly as contractual breaches rather than as infringements of intellectual property rights. This condition reflects that the function of NDAs as instruments for trade secret protection has not yet been fully optimized. The findings of this research illustrate the need to strengthen the synergy between civil law and intellectual property law in the practice of trade secret protection in Indonesia.
Co-Authors Andre Rizaldy Evan Dori Iwan Erar Joesoef Risca Selfeny