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All Journal Veteran Law Review Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Ismarini Della Purnama
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Rahasia Dagang dalam Kerangka Haki: Studi Komparatif Indonesia dan Malaysia Ismarini Della Purnama; Muhammad Arya Azra; Renofadli Rizkisyah; Atik Winarti
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5521

Abstract

This study examines the protection of trade secrets in the framework of Intellectual Property Rights (IPR) by conducting a comparative study between Indonesia and Malaysia. Trade secrets are a form of intellectual property that has significant economic value for business actors but often receives inadequate attention compared to other forms of IPR. This research focuses on two main problems: first, the comparison of the legal framework for the protection of trade secrets in Indonesia and Malaysia in the context of Intellectual Property Rights; and second, the role of IPR-related institutions in both countries in providing protection for trade secrets. The research method used is normative legal research with a comparative approach and a statute approach. The data used are in the form of primary legal materials in the form of laws and regulations related to IPR in Indonesia and Malaysia, as well as secondary legal materials in the form of literature and scientific journals. The results of the study show that there are significant differences in the legal framework for the protection of trade secrets between Indonesia, which adopts a civil law system with special codification through Law No. 30 of 2000, and Malaysia, which applies a common law approach with a combination of court precedents and statutory law. In addition, there are differences in the roles and functions of IPR-related institutions in the two countries in providing protection for trade secrets, especially in terms of registration, law enforcement, and dispute resolution. The study concludes that despite differences in approaches, both Indonesia and Malaysia recognize the importance of trade secret protection within the framework of IPR, with Malaysia tending to have a more comprehensive protection system based on common law practices. Based on the findings of the study, it is recommended that Indonesia can adopt some positive aspects of Malaysia's trade secrets protection system, especially in terms of harmonizing the role of relevant institutions and strengthening law enforcement mechanisms.
Urgensi Penataan Ulang Mekanisme Pengujian Peraturan Perundang-Undangan di Indonesia: (Analisis Normatif terhadap Kewenangan Lembaga Yudikatif) Ismarini Della Purnama; Novaranty Zura Dwiputri; Wicipto Setiadi; Kaharuddin Kaharuddin
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 2 (2024): Juli : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i2.5569

Abstract

The current Indonesian legal system recognizes two paths of judicial review, although this division of authority is constitutionally legal, but in practice it raises serious problems. One of them is the inconsistency of decisions between judicial institutions. For example, there is a Supreme Court decision that cancels Regional Regulations that have previously been studied by the Constitutional Court, causing confusion in the application of the law. This not only weakens the principle of legal certainty, but also raises problems in the effectiveness of the judicial system. This study aims to identify the concept of restructuring the ideal regulatory testing mechanism according to the principle of the state of law and the theory of norm hierarchy and analyze the need for restructuring the regulatory testing mechanism in Indonesia from the perspective of legal certainty, justice, and law enforcement effectiveness. The research method used in this study is normative juridical and uses a legislative approach. The results of the study show.
The Neutrality of Civil Servants in The 2024 Elections: A Proportionality Test of Administrative Sanctions Against Civil Servants Political Rights Ismarini Della Purnama; Novaranty Zura Dwiputri; Kaharuddin; Alvionita, Anni
Veteran Law Review Vol 8 No 2 (2025): November 2025
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v8i2.12213

Abstract

The neutrality of civil servants (Aparatur Sipil Negara/ASN) is a fundamental principle in ensuring fair and democratic elections in Indonesia. Despite clear regulations under the 1945 Constitution, the Civil Service Law, and the Election Law, violations of neutrality among ASN have persisted, raising concerns over the balance between bureaucratic impartiality and the political rights of civil servants. This study aims to analyze whether administrative sanctions imposed on ASN for political involvement during the 2024 elections are proportionate in light of constitutional guarantees of political rights. Employing a normative legal research method with a statute, conceptual, and case approach, this paper examines relevant laws, constitutional provisions, and judicial decisions, including rulings from the Constitutional Court and Administrative Courts. The findings reveal that, while sanctions are necessary to preserve electoral integrity, their application often lacks proportionality, with cases of dismissal for minor infractions highlighting inconsistencies and potential over-restriction of fundamental rights. The proportionality test, widely recognized in constitutional law, provides a useful framework to assess whether restrictions on ASN’s political rights serve legitimate aims, are necessary, and remain balanced. The study concludes that proportional application of administrative sanctions, combined with clearer regulatory guidelines and stronger appeal mechanisms, is essential to uphold both democratic values and the protection of civil servants’ constitutional rights.
Co-Authors Alvionita, Anni Atik Winarti Kaharuddin Kaharuddin Muhammad Arya Azra Novaranty Zura Dwiputri Renofadli Rizkisyah