Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Fox Justi : Jurnal Ilmu Hukum Jurnal Sosial Sains dan Komunikasi (Ju-SoSAK)
Liana Setiawati
Universitas Bina Sarana Informatika, Jakarta
Humanities Chemistry Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Transparency and Conflict Resolution of Music Royalties in Indonesia: An Analysis of the Effectiveness of the National Collective Management Organization (LMKN) and Non-Litigation Mechanisms after Government Regulation No. 56 of 2021 Elina Adi Wijayanti; Liana Setiawati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The protection of songwriters’ economic rights in Indonesia faces significant challenges, particularly with respect to royalty payments in commercial public spaces and digital platforms. The main regulatory frameworks, Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021, aim to establish a “one-stop system” through the National Collective Management Organization (LMKN). Nevertheless, royalty disputes continue to occur, indicating gaps in transparency and dispute resolution mechanisms, as reflected in conflicts involving concerts and commercial venues. This study aims to (1) analyze the challenges and opportunities in implementing the principles of transparency and accountability within LMKN, particularly in relation to the Song and Music Information System (SILM), and (2) evaluate the effectiveness of non-litigation mechanisms (mediation and arbitration) as primary solutions for resolving music royalty disputes compared to litigation. This research adopts a normative-juridical legal method, employing a statute approach, conceptual approach, and case approach. Primary legal materials (Copyright Law and Government Regulation No. 56 of 2021) and secondary legal materials (literature, academic journals, and court decisions) are analyzed using a qualitative-descriptive method. The findings indicate that LMKN has not yet achieved full transparency and accountability due to limitations in the comprehensiveness of the SILM database. Mediation emerges as the most efficient dispute resolution mechanism, as litigation tends to be time-consuming and costly. Accordingly, LMKN should take a more proactive role as a mediator. In conclusion, legal certainty in royalty management requires institutional strengthening of LMKN and a cultural shift in dispute resolution from litigation toward non-litigation mechanisms.
The Right to Education for Children with Special Needs: A Juridical Review of Implementation Challenges and the Fulfillment of Educational Rights in Indonesia Liana Setiawati; Elina Adi Wijayanti
Jurnal Sosial Sains dan Komunikasi Vol. 4 No. 02 (2026): Jurnal Sosial Sains dan Komunikasi, 2026
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Education is a fundamental human right that must be guaranteed equally to all children, including children with special needs (CSNs). Indonesia has established a comprehensive legal framework to protect the educational rights of CSNs through constitutional provisions, child protection legislation, disability laws, and policies promoting inclusive education. However, the implementation of these legal guarantees remains inconsistent due to disparities in accessibility, inadequate educational infrastructure, shortages of qualified teachers, social stigma, and unequal funding across regions. This study aims to analyze the juridical basis of the educational rights of children with special needs, examine the challenges in implementing inclusive education, and identify strategies to strengthen the fulfillment of these rights in Indonesia. The study employed a normative juridical approach using a literature review method. Data were collected from primary and secondary legal sources, including statutory regulations, government policies, scholarly books, and scientific journal articles, and were analyzed using qualitative descriptive analysis. The findings indicate that although Indonesia possesses a strong legal foundation supporting inclusive education, its implementation has not yet been fully effective. Major challenges include limited accessibility, inadequate disability-friendly facilities, insufficient numbers of Special Assistant Teachers, uneven policy implementation, and regional disparities in educational services. Strengthening policy implementation, increasing teacher recruitment and competency, improving cross-sector collaboration, and ensuring equitable funding allocation are essential to achieving inclusive, equitable, and high-quality education for children with special needs.
Co-Authors Elina Adi Wijayanti