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All Journal Masalah-Masalah Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan JURNAL PEMBANGUNAN HUKUM INDONESIA
Ardini, Ni Putu Ayu Meylan
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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COMPARATIVE ANALYSIS OF PLATFORM LIABILITY FOR ILLEGAL PREMIUM ACCOUNT SALES: A STUDY OF SAFE HARBOR PRINCIPLES IN INDONESIA AND THE UNITED STATES Ardini, Ni Putu Ayu Meylan; Dharmawan, Ni Ketut Supasti; Hardiyan, Salwa Putri
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM (in press)
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.372-388

Abstract

The rapid development of Indonesia’s digital economy has created new opportunities but also significant challenges, particularly regarding the illegal sale of shared premium accounts on e-commerce platforms. This study examines the legal frameworks governing platform liability for these illegal activities, comparing Indonesia’s regulations with the United States' Digital Millennium Copyright Act (DMCA). Using a doctrinal legal research method, the research focuses on key Indonesian laws such as the Copyright Law (Law No. 28 of 2014) and the Information and Electronic Transactions Law (ITE Law), alongside Section 512 of the DMCA. The study finds that Indonesia's legal framework provides only implicit protections, relying on general principles like good faith and fault-based liability, which leads to legal uncertainty. In contrast, the United States’ DMCA offers clearer protections through its Safe Harbor provisions, including a specific notice-and-takedown procedure. This comparative analysis highlights the vulnerability of Indonesian platforms to lawsuits and the broader economic consequences, such as lost revenue, hindered innovation, and potential reputational damage. Furthermore, it emphasizes the need for clearer, consolidated regulations in Indonesia to effectively protect copyright holders and digital platforms. The study proposes a Sui Generis Safe Harbor Model that combines the procedural clarity of the DMCA with Indonesia’s civil law tradition, including the establishment of clear Red Flag Knowledge standards, a mandatory notice-and-takedown procedure, and data disclosure requirements. The research underscores the importance of regulatory reform, enhanced law enforcement coordination, and technological investment to address illegal premium account sales and secure a fair digital environment.
The Urgency of Alternative Regulations Resolution of Disputes Regarding Termination of Employment in Cases of Force Majeure Sudiarawan, Kadek Agus; Anggreni, Ni Made Gina; Ardini, Ni Putu Ayu Meylan
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 10, No 3 (2025): November 2025
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v10i3p293-303

Abstract

This study aims to analyze termination of employment under force majeure circumstances, the dispute-resolution system based on statutory regulations, and alternative mechanisms that may be implemented to address disputes arising from such terminations. The research employs a normative legal research method with a statutory approach. The findings indicate that termination of employment by companies due to declining revenues leading to financial losses during periods of global crisis, which ultimately result in the temporary or permanent cessation of business operations, satisfies the characteristics of force majeure. The dispute resolution system for termination of employment under Law Number 2 of 2004 may be pursued through three mechanisms, namely bipartite negotiations conducted through deliberation to reach an agreement, tripartite procedures involving a third party through mediation, or adjudication before the Industrial Relations Court. Online dispute resolution, which enables dispute resolution without physical meetings by leveraging internet connectivity and video conferencing technology, represents an alternative model for resolving termination-of-employment disputes arising from force majeure that may be implemented in the future.
Disability Rights Violation: Failure to Provide Reasonable Accommodation and Employment Discrimination Against the Colorblind in Indonesia Ardini, Ni Putu Ayu Meylan; Wacika, Made Wiswani; Sudiarawan, Kadek Agus; Hardiyan, Salwa Putri
Jurnal Pembangunan Hukum Indonesia Vol 8, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v8i1.%p

Abstract

The fundamental right to work in Indonesia is paradoxically undermined by pervasive no color blindness recruitments, often enforced via the Ishihara test. While this practice appears neutral, it constitutes indirect discrimination by disproportionately excluding competent individuals with partial colour blindness without any objective justification. This study aims to analyse the validity of the Ishihara test, arguing that it is a discriminatory tool that violates human rights. Using normative legal analysis and empirical case studies, the findings show that partial colour blindness is primarily a sensory limitation which rarely affects functional capabilities in most professions. Field data reveals a widespread misconception among employers that equates partial colour blindness with an inability to recognise hazards. Furthermore, many institutions enforce colour vision standards as an administrative hurdle without conducting job analyses relevant to the actual requirements of the role. The research concludes that the Ishihara test is widely misused as a definitive pass/fail determinant. This practice contravenes Law No. 13/2003 on Manpower regarding equal opportunity, and Law No. 8/2016 on Persons with Disabilities, which mandates the fulfilment of employment rights and reasonable adjustments. Automatic rejection without interactive dialogue constitutes a direct breach of legal obligations. This research advocates for an inclusive, fair, and dignified employment ecosystem in Indonesia.
Co-Authors Anggreni, Ni Made Gina Hardiyan, Salwa Putri Kadek Agus Sudiarawan Ni Ketut Supasti Dharmawan Wacika, Made Wiswani