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Kedudukan Artificial Intelligence (AI) sebagai Hak Kekayaan Intelektual dalam Perspektif Hak Cipta di Indonesia Alfatri Anom; Lona Puspita
Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya Vol. 5 No. 1 (2025): JUNE
Publisher : LPPM Universitas Terbuka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33830/humaya.v5i1.12771

Abstract

Artificial Intelligence (AI) is developing as a new challenge in the regulation of copyright law in Indonesia. This certainly raises the issue of creating a legal vacuum and there is no legal certainty. “Creator” in Indonesian law implicitly limits the creation to humans, posing a fundamental challenge to recognize AI as a creator or its work as an object of copyright without human involvement. This research aims to find out how the position of AI as intellectual property rights in the perspective of copyright in Indonesia. The research employed a qualitative method with normative legal studies analyzing the secondary data that consist of primary, secondary, and tertiary legal materials. The results showed that the position of AI as an intellectual property right in the perspective of copyright in Indonesia has not been regulated in Law Number 28 of 2014 concerning Copyright.
THE ROLE OF LAW IN COMBATING THE SPREAD OF DEEPFAKE CONTENT FOR DIGITAL IDENTITY FRAUD Lona Puspita; Sulton Firdaus, Hazmin
UIR Law Review Vol. 9 No. 1 (2025): UIR LAW REVIEW
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).22095

Abstract

Currently, in the process of developing artificial intelligence technology, a Deepfake phenomenon has emerged, namely technology that is capable of manipulating images, sounds, and videos realistically so that it will be difficult to distinguish from the original content. Although in the development of artificial intelligence technology it has the potential for positive use, such as in the world of entertainment and education, Deepfake can also pose a major risk in the current technological era, especially in terms of digital identity fraud. With the development of artificial intelligence technology, a new serious problem has arisen, one of which is the misuse of Deepfake which is part of artificial intelligence. The method used in this study is the normative legal research method with the main data source being secondary legal materials consisting of laws and regulations as well as reference books and journals. The results of the study state that the ambiguity of regulations can create legal loopholes that have the potential to be exploited by criminals, while the law enforcement process is hampered by the lack of clear guidelines, adequate tools and human resources. Therefore, strategic and systematic steps are needed to update the legal framework and cross-sector collaboration is needed.
Analisis Putusan Mahkamah Konstitusi Nomor 62/PUU- XXII/2024 Tentang Penghapusan Presidential Threshold Lona Puspita; Raditya Pramana
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The Presidential Threshold is the minimum threshold for the percentage of seats obtained in the House of Representatives (DPR) or the percentage of national valid votes that must be met by political parties to be able to propose presidential and vice-presidential candidates. This provision was first implemented in the 2004 Election and was later regulated in Article 222 of the Election Law Number 7 of 2017. This rule is considered to limit democracy and reduce the constitutional rights of political parties and citizens, thus giving rise to debate regarding its suitability with the principle of popular sovereignty in the 1945 Constitution. The problems studied include 1) How are the judges' considerations in the Constitutional Court decision Number 62/PUU-XXII/2024 concerning the Abolition of the Presidential Threshold. 2) What is the legal impact of the decision on the election system in Indonesia. This study aims to determine the judges' considerations in the Constitutional Court decision Number 62/PUU-XXII/2024 concerning the Abolition of the Presidential Threshold and how the decision impacts the election system in Indonesia. The results of this study indicate that: 1) The Constitutional Court considers the Presidential Threshold to be discriminatory, reduces the openness of political competition, and contradicts the principles of morality, rationality, and constitutional justice. This decision marks an important milestone after similar requests were repeatedly rejected. 2) As a result, all political parties can now nominate presidential and vice-presidential candidates without a threshold, although it has the potential to create many candidate pairs and vote fragmentation. The increase in the number of presidential candidates has the potential to extend the election stages, increase the administrative burden on organizers, and increase the risk of political polarization in society.
THE ROLE OF LAW IN COMBATING THE SPREAD OF DEEPFAKE CONTENT FOR DIGITAL IDENTITY FRAUD Lona Puspita; Sulton Firdaus, Hazmin
UIR Law Review Vol. 9 No. 1 (2025): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).22095

Abstract

Currently, in the process of developing artificial intelligence technology, a Deepfake phenomenon has emerged, namely technology that is capable of manipulating images, sounds, and videos realistically so that it will be difficult to distinguish from the original content. Although in the development of artificial intelligence technology it has the potential for positive use, such as in the world of entertainment and education, Deepfake can also pose a major risk in the current technological era, especially in terms of digital identity fraud. With the development of artificial intelligence technology, a new serious problem has arisen, one of which is the misuse of Deepfake which is part of artificial intelligence. The method used in this study is the normative legal research method with the main data source being secondary legal materials consisting of laws and regulations as well as reference books and journals. The results of the study state that the ambiguity of regulations can create legal loopholes that have the potential to be exploited by criminals, while the law enforcement process is hampered by the lack of clear guidelines, adequate tools and human resources. Therefore, strategic and systematic steps are needed to update the legal framework and cross-sector collaboration is needed.
Analisis Yuridis Keabsahan Perjanjian Kerja Sama Endorsement dalam Perspektif KUH Perdata Renti Astuti; Lona Puspita
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The rapid shift toward a fully digital era has given rise to a form of product marketing collaboration that leverages social media platforms and content creators to promote goods or services through original content. While endorsements have evolved into a practical marketing strategy, the absence of specific regulations creates potential legal issues regarding their validity; thus, this study aims to analyze the forms, validity, and legal consequences of these arrangements—specifically through the lens of the requirements for a valid contract under civil law—to address the existing regulatory gap. Conducted as normative legal research employing statutory and conceptual approaches, the study gathered data via literature review and utilized descriptive analysis. The findings indicate that, under the Indonesian Civil Code, endorsement collaboration agreements are classified as "innominate contracts" (contracts not specifically named in the Code)—an implementation of the principle of freedom of contract within an open system—which give rise to specific rights and obligations. There is no requirement for such collaborations to be in writing to be legally binding; broadly speaking, endorsement agreements can take three primary forms—formal written, informal written, and oral—each offering varying degrees of legal certainty. An agreement is deemed valid if it meets the requirements set forth in Article 1320 of the Civil Code; however, these requirements cannot be interpreted or applied in a narrow or isolated manner, as they are interconnected and mutually influential.