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p-Index From 2021 - 2026
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All Journal JURNAL HUKUM The International Journal of Politics and Sociology Research
Bernard Nainggolan
Universitas Kristen Indonesia, Indonesia
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Intellectual Property for Digital Works by Utilizing Emerging Technologies Bernard Nainggolan; Agus Joko Pramono
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.40811

Abstract

The advancement of digital technology has transformed access to information and creativity, enabling widespread distribution of digital works. However, this ease of access has led to significant challenges in enforcing Intellectual Property Rights (IPR), particularly in Indonesia, where legal frameworks like Law Number 28 of 2014 on Copyright and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions are tested by rampant digital infringements. This study examines the adequacy of existing Indonesian legal frameworks in protecting IPR in the digital era, focusing on gaps in enforcement and regulatory adaptation to emerging technologies such as streaming platforms and Non-Fungible Tokens (NFTs). Using a normative juridical method, this research analyzes relevant statutes, case law, and legal doctrines to assess their effectiveness in addressing digital IPR violations. The findings reveal that while Indonesia has a robust legal foundation, enforcement remains weak due to limited public awareness and inadequate mechanisms for addressing digital-specific infringements. This study emphasizes the need for regulatory reform, enhanced enforcement mechanisms, and targeted education to strengthen IPR protection, fostering innovation and economic competitiveness in Indonesia’s digital landscape.
The implementation of arbitral award annulment in judicial practice Hetty Maria Pasaribu; Dhaniswara K Harjono; Bernard Nainggolan
The International Journal of Politics and Sociology Research Vol. 14 No. 1 (2026): June: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v14i1.331

Abstract

This research examines the mechanism for the annulment of arbitral awards in Indonesia under Law No. 30 of 1999. Although arbitral awards are inherently final and binding, positive law provides an avenue for annulment through the District Court based on the limited grounds specified in Article 70. The primary legal issue arises from the dualism in judicial views regarding the availability of Civil Review (PK) against such annulment decisions. Utilizing a normative legal research method, this study analyzes the ratio legis of annulment regulations and the implications of Supreme Court Circular (SEMA) No. 4 of 2016. The findings indicate that the Circular strictly prohibits Civil Review to ensure swifter legal certainty and business efficiency. However, the annulment mechanism still carries risks regarding the loss of confidentiality and potential time inefficiency for the parties. The author concludes that courts must adhere to the principle of minimal intervention, where annulment is granted only under extraordinary conditions without re-examining the merits of the case, to maintain the integrity of arbitration as a trusted dispute resolution institution for the international business community.
Co-Authors Agus Joko Pramono Dhaniswara K Harjono Hetty Maria Pasaribu