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All Journal JURNAL HUKUM
Suwarno Suwarno
Institut Bisnis dan Informatika Kesatuan, Bogor, Indonesia
Religion Humanities Social Sciences

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Land Acquisition for Public Interest: Balancing State Control and Individual Property Rights Aarce Tehupeiory; Suwarno Suwarno; Ramisa Jahan; Mohit Islam
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40736

Abstract

Land acquisition is essential for public development, but it often causes disputes over land rights and compensation when governments acquire land for economic and infrastructural projects. This research aims to address the challenges in land acquisition, particularly focusing on the shift from land “management” to land “ownership” in for public interest. The study seeks to highlight issues related to coercion, inadequate compensation, and the lack of proper consideration for individual landowners during the acquisition process. This study employs doctrinal research, using a combination of the statutory approach to analyze the balance between the State's control and individual property rights in land acquisition. The study finds that while land acquisition is legally grounded in principles of land control and protection for landholders, its implementation often fails to respect the rights of individual landowners. Issues of coercion and inadequate compensation persist, and the shift from land management to ownership in development activities exacerbates these problems. Simplifying the land acquisition bureaucracy while maintaining respect for land rights, fairness, and caution is essential for a more just and efficient process, aligning with principles of justice and proper compensation.
RECONSTRUCTING COPYRIGHT PROTECTION FOR ARTIFICIAL INTELLIGENCE-GENERATED WORKS Bernard Nainggolan; Suwarno Suwarno; Keisha Dearin Dafa
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.53948

Abstract

The development of Generative Artificial Intelligence (AI) has transformed the process of intellectual creation and raised issues regarding authorship and copyright ownership. However, Law Number 28 of 2014 concerning Copyright is still based on the human authorship paradigm and therefore does not provide legal certainty for works produced with the help of AI. This study aims to analyze the adequacy of legal protection for AI works, identify weaknesses in the concept of creator in Indonesian copyright law, and formulate a Human-Centered Copyright Ownership model. The study uses a normative legal method with a statutory, conceptual, comparative, and case approach through an analysis of laws and regulations, international instruments, court decisions, doctrines, and scientific literature. The results of the study indicate that Indonesian copyright law still experiences a normative vacuum regarding the ownership of AI works and therefore is unable to provide legal certainty. As a novelty, this study offers a Human-Centered Copyright Ownership model that positions AI as a creative tool, while copyright ownership is determined based on substantial human creative contribution. This model provides more objective normative parameters for determining creators and copyright holders and serves as a basis for reforming the Copyright Law to achieve a balance between protecting human creativity, legal certainty, and technological innovation.
Co-Authors Aarce Tehupeiory Bernard Nainggolan Keisha Dearin Dafa Mohit Islam Ramisa Jahan