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INDONESIA
Jurnal Ilmiah Hukum LEGALITY
Published by Universitas Muhammadiyah Malang
ISSN : 08546509     EISSN : 25494600     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
Arjuna Subject : -
Articles 340 Documents
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Legal Certainty Based Protection of Well-Known Marks: Lessons from India Rian Saputra; Pujiyono Suwadi; Willy Naresta Hanum; Tiara Tiolince; Giovan Bintang Graha Pratama
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.42820

Abstract

This study identifies issues in the protection of 'well-known marks' in Indonesia and proposes remedies for their preservation through amendments to Indonesia's trademark legislation, with a focus on legal certainty. This study employs a normative legal analysis utilising a technique based on court decisions, statutes, concepts, and comparisons, with India serving as the reference point. This study concludes that, from a philosophical standpoint, legal protection for 'well-known marks' protects both the economic rights of legitimate trademark holders and consumers from misguided product choices due to the exploitation of 'well-known marks' by unscrupulous entities seeking to profit from the brand's reputation. The difficulty of protecting prominent trademarks in Indonesia stems from ambiguous and perhaps illogical legislation. The absence of a definition and standards for 'well-known marks' in the 2016 Trademarks Act, along with provisions on trademark infringement that solely protect registered trademarks. Conversely, India has clearly defined 'well-known marks' in the 1999 Trademarks Act. Indian trademark law protects 'well-known marks' via a mechanism wherein the judiciary or the trademark registration authority acknowledges certain marks. It also outlines trademark infringement related to both registered and unregistered trademarks, including 'famous trademarks'. Therefore, amending Indonesia's trademark legislation to protect 'well-known marks' is crucial for ensuring legal clarity by: first, defining 'well-known marks' and their criteria under the 2016 Trademark Law; second, providing administrative protections for 'well-known trademarks' through recognition by the Directorate General of Intellectual Property; third, broadening the meaning of trademark infringement to include not only registered trademarks but also all trademarks, including 'well-known marks.'
Constitutionalising the Right to Be Forgotten in Indonesia’s Digital Environment: Balancing Privacy, Expression, and Human Rights Zaka Firma Aditya; Elwi Danil; M. Guntur Hamzah; Pan Mohamad Faiz Kusuma W.
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.43615

Abstract

This article examines the regulation of the Right to Be Forgotten in Indonesia, particularly emphasising the challenges of administrative law enforcement amid the digital technology era. As personal data can now be stored and disseminated indefinitely across digital platforms, this right emerges as a critical legal instrument for protecting privacy, reputation, and human dignity. This analysis explores Indonesia’s regulatory framework particularly personal data protection legislation and administrative mechanisms to assess how this right can be applied while preserving democratic values such as freedom of expression and public access to information. Employing a normative legal research methodology that combines statutory, conceptual, case-based, and comparative approaches, this study identifies normative gaps, enforcement challenges, and tensions between privacy rights and transparency obligations. The article concludes that the recognition of this right as a constitutional right is essential to ensure equal and effective protection. Its constitutional entrenchment would solidify legal certainty, provide explicit accountability mechanisms, and secure a proportional balance between privacy and freedom of expression. Consequently, this right may serve as a cornerstone for building a fair, inclusive, and constitutionally established digital ecosystem in Indonesia.
Traditional Medicine Innovation Policy: Between the Protection of Traditional Knowledge, Genetic Resources, and Intellectual Property Kholis Roisah; Moh. Asadullah Hasan Al Asy'arie; Rahayu Rahayu; Shofiy Zulfah
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.43917

Abstract

This study analyses how innovation in traditional medicine can be strengthened through the convergence of policies on traditional knowledge protection, genetic resources governance, and intellectual property rights to support national independence in drug availability. Using a qualitative normative design, this research examines statutory regulations, international instruments, and institutional practices relevant to traditional medicine, biogenetic conservation, and intellectual property management. The methodological approach includes doctrinal legal analysis, conceptual analysis, and policy evaluation to map regulatory overlaps, gaps, and strategic opportunities for integration. The study finds that Indonesia possesses vast biodiversity and rich traditional medicinal knowledge that remain underutilised in pharmaceutical innovation. Regulatory frameworks governing traditional knowledge, genetic resource access, and intellectual property work in parallel but lack harmony, resulting in problems related to standardisation, benefit-sharing, research authorisation, and commercialisation. Findings also indicate that strengthening scientific validation, through standardised extraction, preclinical and clinical testing, and quality assurance, significantly increases the potential of traditional medicines to advance into standardised herbal medicines and phytopharmaceuticals. The study concludes that policy convergence is essential to ensure equitable protection of traditional knowledge, sustainable use of genetic resources, and effective commercialisation of research outputs. An integrated framework is required to support national drug independence, enhance bioeconomic value creation, and promote fair benefit distribution for indigenous and local communities.
From Declarations to Implementation: Assessing the Effectiveness of Green Policies in India, China, and Bangladesh Zarina Abdusamadova; Dilshodbek Nurumov; Ikhtiyor Djurayev
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.44351

Abstract

This paper examines how effective green policies have improved air quality in Beijing, Delhi, and Dhaka from 2010 to 2025. Using a mixed-methods approach, combining quantitative analysis of PM₂.₅ data, a review of government reports, and 1,200 semi-structured interviews, this research identifies the key determinants of policy outcomes. Beijing achieved a 63% reduction in PM₂.₅ levels, primarily due to stringent emission controls and the transition to cleaner energy, whereas Delhi and Dhaka remain highly polluted, with ineffective enforcement and limited institutional capacity contributing most to poor outcomes. Drawing on an environmental collaborative governance framework, we connect regulatory design, institutional accountability, and public participation to observed air quality trends. On the basis of these findings, we recommend (1) strengthening legal enforcement through progressive penalties, independent environmental oversight, and dedicated environmental courts, and (2) enhancing citizen engagement and inter-agency coordination to ensure that policies translate into tangible air quality improvements.
Legal Uncertainty in Land Procurement for Investment in Indonesia: Between Economic Development and Agrarian Justice Amiludin Amiludin; Suhadi Suhadi; Rofi Wahanisa
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.44454

Abstract

This research seeks to investigate the source of legal certainty in land procurement and formulate a more proportionate model of law between state development and the protection of citizens. This research employed a socio-legal approach, using document analysis and a case study of PIK 2 in Tangerang Regency. Forty-five secondary documents were analysed, consisting of 12 regulations and regulatory instruments, one court decision, four policy documents and institutional reports, 25 books and journal articles, three publications by civilians, and credible media reports. Research results reveal that the regulations concerning land procurement in Indonesia have guaranteed procedural certainty through clearly established stages, authority distribution, redress mechanisms, and objection procedures. However, the protection of the affected community is not sufficiently provided, particularly with regard to participation, the assessment of public interests, loss calculation, livelihood recovery, and oversight of government discretion. The case of PIK 2, including matters contained in the Supreme Court Decision No. 12 P/HUM/2025, indicates that government support and strategic project status do not always guarantee legal certainty if the policy foundation is doubted in both the legal and social context. This condition is often referred to as distorted legal certainty. To address this issue, this research offers the concept of equitable legal certainty-a model that sets a balance between legal certainty and the protection for the community rights by involving legal audit, public interest assessment, meaningful participation, comprehensive redress, livelihood recovery, and oversight conducted post-land procurement.
Environmental Constitutionalism and Intergenerational Justice: Reconstructing Rights for Future Generations in Indonesia Anwar Anwar; Muhammad Ramadhana Alfaris; Purnawan Dwikora Negara; Sholahuddin Al-Fatih
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.44533

Abstract

This research studies the constitutional protection of environmental rights in Indonesia from the standpoint of intergenerational justice and articulates a reconstructive legal framework to protect the interests of future generations. Although the Constitution guarantees the right to a good and healthy environment, its formulation remains present-oriented, thereby potentially creating ambiguity in interpretation and leaving limited transformative impacts on  environmental governance. This research employs normative-juridical methods supported by statutory, conceptual, and comparative approaches. The primary legal materials comprise constitutional provisions, environmental legislation, and relevant court decisions, while secondary materials are drawn from scientific literature on environmental constitutionalism and intergenerational justice. The comparative point of view places Indonesia’s constitutional framework in the broader global development of protection for future generations. The novelty of this article lies in the formulation of an intergenerational constitutional responsibility model that consists of four operational tests: the long-term ecological impact, the precautionary, the non-regression, and the future generations representation. The discussion emphasises the important integration of the public trust doctrine, the precautionary principle, and the non-regression principle into constitutional interpretation and policy design. This research concludes that incorporating intergenerational obligations into constitutional practice is essential to ensure sustainable development, ecological resilience, and long-term democratic accountability.
The Legal Framework of Agricultural Insurance in Palestine: An Analytical Study Qasem B. Budair; Tariq Kameel; Juan Manuel Velázquez
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.44736

Abstract

This critical analytical study examines the legal framework that regulates the agricultural insurance sector in Palestine. The legal instruments examined include the Agriculture Law of 2003, which laid the foundation for the establishment of the Farmers' Compensation Fund; the Decree-Law No. (12) of 2013, which founded the Fund for the Mitigation of Agricultural Risks and Insurance as a non-profit public institution; and the Decree-Law No. (11) of 2024, which abolished the legal personality and the independent financial responsibility of the Fund. The study finds that the existing legislation suffers from substantial gaps, the most prominent of which are the absence of executive regulations, the lack of clarity of the financial resources, the duplication of the legal reference, and the absence of alternative means for the resolution of disputes, in addition to the absence of a clear transitional framework after the abolition of the Fund. The study also reveals that this abolition has led to an actual paralysis in the management of agricultural risks and has created a legislative gap that has affected the relationship between the partners in the agricultural insurance market. The study concludes with a set of important recommendations: the necessity of amending the Agriculture Law, rebuilding the institutional framework of agricultural insurance, adopting clear mechanisms for governance, and activating the alternative means for the resolution of disputes, all to guarantee the protection of farmers and the sustainability of the agricultural sector.
Ecological Conversion as a Legal Construction of Environmental Management Based on Dayak Kanayat’n Customary Law Agustinus Astono; Absori Absori; Kelik Wardiono; Achmadi Achmadi; Nozimbek Dilboboev
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.45036

Abstract

This study investigates the practice of Munuh Adat in Dayak Kanayat’n customary law as the representation of ecological conversion and how this concept can be constructed as environmental management law. This study aims to describe the practice of Munuh Adat and formulate ecological conversion as a legal construct. Using a philosophical approach and a normative legal research method, data were analysed using a qualitative-interpretive technique. The findings indicate that documented cases of Munuh Adat in environmental matters, as reflected in Articles 80 and 81 of the Dayak Kanayat’n Customary Deliberation, represent ecological conversion through mechanisms of acknowledgment of wrongdoing, accountability of the perpetrator, ecological restoration, and cosmological reconciliation between humans, nature, and Jubata’ (God), leaving environmental violations understood as both material losses and disturbances to the balance of life that require overarching restoration. Ecological conversion can therefore be constructed as a legal concept of environmental management because it possesses normative, restorative, communal, and transcendental characteristics, along with legal system components comprising foundational values, legal subjects, protected objects, accountability mechanisms, and restoration-oriented objectives. This construction offers an alternative paradigm for the development of Indonesian environmental law that is more restorative and oriented toward ecological sustainability. This study contributes to the development of environmental law by reconstructing ecological conversion as a legal concept of environmental management established in Dayak Kanayat’n customary law, thereby extending environmental law beyond the positivist paradigm.
Improving Environmental Protection Tax Legislation Towards Sustainable Development in Vietnam Nguyen Chien Thang; Pham Thi Hong Nhung; Nguyen Thi Ngoc Dung
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.45262

Abstract

This article assesses the extent to which the 2010 Environmental Protection Tax Law meets the requirements through three aspects: the scope of taxable subjects, consistency with the environmental protection legal system, and the mechanism for determining tax rates. Environmental protection tax is a vital economic instrument for implementing the “Polluter-pays principle”, promoting green growth and sustainable development. After more than fifteen years of implementation, the 2010 Environmental Protection Tax Law has contributed to the internalisation of environmental costs and generated revenue for the state budget. However, the amendments made in the 2020 Environmental Protection Law, along with the commitment to net-zero emissions by 2050, necessitate the improvement of the current legal framework. The study employs traditional legal research methods combined with functional comparative law and legal grafting theory. The results show that the 2010 Environmental Protection Tax Law remains confined to three main aspects: the scope of taxable subjects does not fully cover new sources of pollution; it does not ensure consistency with the 2020 Environmental Protection Law; and the mechanism for determining tax rates does not fully reflect the level of environmental impact of each type of goods. Referring to the experience of the European Union and South Korea, this article proposes directions for improving the 2010 Environmental Protection Tax Law to enhance the effectiveness of tax regulation and support the green transition process in Vietnam.
Driving Sustainable Tourism Policy Through Geographical Indications for Craft and Industrial Batik Abdul Kadir Jaelani; Dinda Aprilia; Sarjiyanto Sarjiyanto; Fitrat Umirov
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.46047

Abstract

This study aims to analyze the legal and institutional factors underlying the delayed GI registration, including local governmental priorities, institutional capacity, stakeholder coordination, political-institutional dynamics, and administrative barriers. Geographical Indication (GI) protection constitutes an important legal instrument for safeguarding regional products with distinctive characteristics, established reputations, and strong geographical linkages, while supporting local economic development and cultural preservation. However, despite the longstanding reputation, distinctive production characteristics, and significant economic potential of Batik Tulis Girilayu, its GI registration has not been initiated by the relevant local institutions. This condition indicates a gap between the product’s potential for legal protection and the institutional capacity required to realize such protection. The study employs empirical legal research (socio-legal research). The findings demonstrate that the delay is attributable not merely to the legal eligibility of the product, but also to fragmented institutional authority, limited administrative capacity, weak stakeholder coordination, and the absence of a sustained local policy agenda. Effective GI protection therefore requires strengthened institutional commitment, collaborative governance, and integrated policies linking GI protection with local economic development, cultural preservation, and sustainable tourism.

Page 34 of 34 | Total Record : 340

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