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All Journal RETORIKA: Journal of Law, Social, and Humanities
Burhanudin
Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hak Kekayaan Intelektual Dalam Rangka Memberikan Kepastian Hukum di Indonesia Burhanudin; Tata Eliestiana Dyah A
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

The advancement of a knowledge-based economy positions intellectual property rights as an important legal instrument for fostering innovation and safeguarding creative works. Nevertheless, the plurality of intellectual property regulations continues to generate issues related to normative consistency and legal certainty. This study aims to examine the consistency of legal norms governing intellectual property protection and to evaluate the fulfillment of the principle of legal certainty within Indonesia’s legal regulatory system. The research employs a normative legal method using statutory and conceptual approaches. Legal analysis is carried out through grammatical, systematic, and teleological interpretation based on legal theory and legal principles. The findings reveal that, first, intellectual property legal norms are generally consistent in recognizing exclusive rights as the foundation of legal protection, although disparities remain in the regulation of enforcement mechanisms and sanctions across different statutes. Second, intellectual property protection norms have, in principle, satisfied the requirement of legal certainty through clear regulation of protected objects, legal subjects, and protection periods; however, further strengthening of normative consistency is still necessary. Harmonization of norms in accordance with the principles governing legislative formation is therefore essential to achieve equitable intellectual property protection
Kedudukan Pemegang Saham dalam RUPS: Antara Prinsip Demokrasi Korporasi dan Dominasi Pemegang Saham Mayoritas Muhammad Ikhsan Kamil; Burhanudin
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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This study aims to analyze the legal status of shareholders in the General Meeting of Shareholders (GMS) and assess the limitations of the application of corporate democracy principles in a limited liability company structure, particularly when majority shareholder dominance occurs. This study uses a normative legal research method with a statutory and conceptual approach. The legal materials for this study are obtained from primary, secondary, and tertiary legal materials. All legal materials are analyzed through logical, systematic, and deductive legal reasoning by applying grammatical, systematic, teleological, and historical interpretations. The analysis is also constructed using the theory of company organs and the theory of corporate democracy by emphasizing the principles of legal certainty, justice, balance, minority protection, and good faith. The results of the study indicate that the authority of shareholders in the GMS is an attributive authority limited by the division of functions between company organs. The majority principle is intended to ensure effectiveness and prevent deadlock in decision-making, but has the potential to cause distortion of corporate democracy if used formally and ignores the protection of minority shareholders and the fundamental principles of corporate law.
Mitigasi Risiko Siber Pada Kontrak Investasi Teknologi Digital Dalam Perspektif Hukum Bisnis Burhanudin; Baiq Widiantari
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 2 (2026): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to examine the construction of cyber risk mitigation regulations in digital technology investment contracts, analyze the role of contracts as instruments for risk allocation and control, and identify the legal implications of the absence or ambiguity of cyber risk mitigation clauses on the parties' responsibilities. This study uses a normative legal approach, utilizing legal interpretation, legal theory, and legal principles as a framework for understanding and assessing applicable norms. The results show that, first, the construction of cyber risk mitigation in digital investment contracts is based on the principles of freedom of contract, legal certainty, obligation responsibility, and good faith, which are realized through clear, measurable, and proportional contractual clauses. Second, contracts function effectively as instruments for cyber risk allocation and control, with risks allocated to the party with the greatest control, thus ensuring legal certainty and protecting the interests of the parties. Third, the absence or ambiguity of cyber risk mitigation clauses creates legal uncertainty, complicates proving responsibility, and increases the potential for disputes. Therefore, detailed and explicit clauses are a normative necessity to strengthen the accountability and effectiveness of contracts.
Co-Authors BAIQ WIDIANTARI Muhammad Ikhsan Kamil Tata Eliestiana Dyah A