Garuda - Garba Rujukan Digital

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v4i1.1549

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v3i2.1566

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v4i2.1581

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.

Keabsahan Persetujuan Elektronik dalam Pembentukan Perikatan Digital M. Jihan Febriza; Burhanudin; Al Pyan Syah Marszedi
RETORIKA: Journal of Law, Social, and Humanities Vol. 5 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v5i1.1664

This study aims to analyze the validity of electronic consent in the formation of digital obligations under Indonesian law and to formulate a legal framework for obligations that ensures legal certainty regarding its use in digital transactions. The research employs a normative legal research method, utilizing both statutory and conceptual approaches. Legal materialscomprising primary, secondary, and tertiary sources were gathered through literature review and subsequently analyzed using legal interpretation, legal theory, and legal principles. The findings indicate that electronic consent constitutes a valid expression of intent, provided it meets the requirements for a valid agreement, is given freely without defects of will, and is supported by an electronic system that is reliable, secure, and accountable. Ensuring legal certainty regarding its use requires a legal framework for obligations that integrates established principles of contract law with the unique characteristics of digital transactions through the harmonization of norms and the strengthening of electronic evidentiary mechanisms; such a framework would provide legal protection, ensure a balance of positions between the parties, foster trust in digital transactions, and reinforce legal certainty in the conduct of electronic commerce in Indonesia

Tanggung Jawab Hukum Direksi atas Keamanan Siber dalam Tata Kelola Perusahaan Digital burhanudin
RETORIKA: Journal of Law, Social, and Humanities Vol. 5 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v5i1.1665

This study aims to analyze the regulation of the board of directors' liability regarding cybersecurity within digital corporate governance under Indonesian law and to formulate a legal framework that provides legal certainty regarding such liability. The study employs a normative legal research method, utilizing both statutory and conceptual approaches. Legal materials comprising primary, secondary, and tertiary sources were gathered through literature review and analyzed using relevant legal interpretation, legal theory, and legal principles. The findings indicate that the board of directors' liability for cybersecurity constitutes part of the company's management function, as it relates to digital risk management, the reliability of electronic systems, and data protection. The legal framework for directors' liability must position cybersecurity as an integral part of corporate strategic policy by strengthening governance, oversight, and risk control. Strengthening the standards of directors' obligations is essential to strike a balance between protecting the company's interests and ensuring legal certainty in digital business operations, while also safeguarding stakeholders within the rapidly evolving information technology-based business ecosystem.

Pertanggungjawaban Pidana Korporasi dalam Kejahatan Siber pada Aktivitas Bisnis Digital di Indonesia Jamaludin; Burhanudin; AL Pyan Syah Marszedi
RETORIKA: Journal of Law, Social, and Humanities Vol. 5 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v5i1.1666

This study aims to analyze corporate criminal liability for cybercrime in digital business activities in Indonesia and formulate a legal framework that ensures legal certainty in enforcing corporate criminal liability. This study employs normative legal research using statutory and conceptual approaches. Legal materials consist of primary, secondary, and tertiary legal sources collected through literature review and analyzed using legal interpretation, legal theories, and legal principles. The findings indicate that corporate criminal liability for cybercrime may be imposed where there is a clear connection between the criminal act and the corporation’s interests, business activities, policies, or failure to exercise adequate supervision. Criminal acts committed by individuals within a corporate environment do not automatically establish corporate criminal liability but must be assessed based on the perpetrator’s position, the purpose of the act, the benefits obtained by the corporation, and its connection to corporate business activities. The construction of corporate criminal liability requires integration of criminal law, cyber law, and business law through clear standards concerning the basis and limits of liability. This framework provides legal certainty while encouraging secure, responsible, and integrity-based digital business governance in Indonesia

Kekayaan Intelektual sebagai Aset Perusahaan: Konstruksi Hukum Perlindungan dan Komersialisasi di Indonesia Tata Eliestiana Dyah. A; Burhanudin; Al Pyan Syah Marszedi
RETORIKA: Journal of Law, Social, and Humanities Vol. 5 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v5i1.1672

This study aims to analyze the status of intellectual property as a corporate asset and formulate the legal framework for its protection and commercialization in Indonesia. This study uses normative legal research with a statutory and conceptual approach. The legal materials consist of primary, secondary, and tertiary legal materials collected through literature review and analyzed using legal interpretation, legal theory, and legal principles. The results of the study indicate that intellectual property can be considered a corporate asset as long as it is acquired or controlled based on a valid legal basis, has clear ownership status, and has economic value for the company. Intellectual property protection is necessary to maintain exclusive rights and prevent unauthorized use, while commercialization can be carried out through direct use, transfer of rights, or licensing in accordance with the characteristics of each type of intellectual property. The legal framework for protection and commercialization requires integration between intellectual property law and corporate law through clarity of ownership, protection of rights, and optimization of economic use. This framework can strengthen legal certainty and support the value and competitiveness of companies in Indonesia

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