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WAHID FATHONI
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INDONESIA
Indonesian Comparative Law Review
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 26552353     EISSN : 26556545     DOI : 10.18196/iclr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Comparative Law Review (ICLR) (ISSN: 2655-2353, E-ISSN:2655-6545 is a periodical scientific-journal published by the Faculty of Law, Universitas Muhammadiyah Yogyakarta in collaboration with the Indonesian Association of Comparative Laws. The journal will be published twice a year in December and June. ICLR’s vision is to be a leading scientific journal in comparative law. ICLR has a unique approach in creating innovative discourse on harmonization among legal systems. ICLR will receive many articles from legal scholars from reputable universities worldwide.
Arjuna Subject : Umum - Umum
Articles 96 Documents
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How to Rescue the K-Pop Choreography: A Comparative Copyright Study with the United States Hyejong, Kang
Indonesian Comparative Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i1.22705

Abstract

The popularity of K-Pop has brought about the growth of Korean music industry and enriched most of the participants of the music industry. Unfortunately, choreographers who have created iconic dance moves did not receive proper appreciation, mainly due to the lack of copyright protection. This normative legal research employing both statutory and comparative approaches. The author examined the legal framework and industrial structure relating to choreographic works in South Korea and in the United States and made comparison between both jurisdictions. It is found that although choreographers in both countries are now actively seeking for protection of their copyright, nevertheless, the legal framework in the United States is more accommodative for the protection of choreographic works as compared to its Korean counterpart. Amendment of the Korean Copyright Act as well as changes in the industrial environment and custom are required to provide more adequate legal protection of choreographic works in South Korea
Public Housing Saving Program: A Comparative Legal Analysis between Indonesia and Singapore Nurmala, Sheila Adi; Utami, Ikawati
Indonesian Comparative Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i1.23636

Abstract

This study aims to identify the inherent problems of the Public Housing Savings program (Tapera) and seeks solutions through law reforms to improve the effectiveness, transparency, and accountability of the program. This normative legal research employs comparative approach by analyzing the similar programs in Singapore. The Housing Development Board (HDB) in Singapore is selected as benchmark to evaluate the performance and regulation of Tapera in Indonesia. The study also applies a functional approach to explore the function and purpose of legal frameworks of Tapera and their impact in the implementation of the program. The results show that despite changes made through Government Regulation No. 21 of 2024 to improve Tapera's performance, there are still significant problems, including low public participation, transparency and accountability issues, and controversies related to mandatory contribution payments. This research emphasizes the importance of comprehensive and inclusive law reforms that take into account social and economic aspects to ensure that Tapera can be more effective in helping people own their own homes, as well as fulfilling the state's constitutional obligation to provide adequate housing for all citizens.
Franchise Contracts under Turkish Law: A Doctrinal Investigation Ay, Yunus Emre
Indonesian Comparative Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i1.23661

Abstract

 Franchise contract refers to contract in which the franchisor gives the franchise system to the franchisee and in return, the franchisee is under certain obligations and pays a fee. Although franchise contracts have been very common in practice, nevertheless, these contracts are not regulated by any legislation in Turkey. This study examines franchise agreements in the light of Turkish law within the framework of doctrinal opinions. In the absence of specific legislation, this doctrinal research relies on secondary materials. It is found that franchise contract is commutative in nature which imposes mutual obligation on the contracting parties. The franchisor has the obligation to inform about the content of the franchise system in pre-contractual period, to provide the franchise system smoothly and to support the franchisee. The franchisee, on the other side, has the obligation to market the goods or services, to enjoy the franchise system, to tolerate supervision and to comply with instructions, to pay remuneration.
Comparative Study of Human Rights Protection: An Analysis between Germany and Indonesia Suharsono, Agus
Indonesian Comparative Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i1.24224

Abstract

This study aims to compare the issue of human rights protection between Germany, which is among the top five rule of law indexes, and Indonesia, which is in the middle position. The research is normative legal research, relying primarily on secondary sources in the form of legal materials, particularly constitutions and statutes. The result of the study shows that Germany has a strong legal system and high public awareness of human rights, which contributes to the implementation of human rights protection more effectively than Indonesia. Germany has consistently shown improvements in fundamental rights, while Indonesia still faces challenges in the implementation of fair legal processes, legal oversight, and social norms that are still discriminatory. Although Indonesia has made democratic progress, there is still a need for legal system reform, harmonization of laws, and increased public awareness to improve human rights protection. Indonesia must strengthen and harmonize human rights laws, reform the judiciary for greater independence, and establish an independent authority for personal data protection. It is crucial to change discriminatory social norms, clarify religious freedom laws, address religious minority discrimination, improve labor supervision, and enhance the role of trade unions for better human rights protection.
Music Therapy and Copyright Issue: Comparative Study between Indonesia, the United States and Australia Herlambang, Asahanna Metta Adhe; Kurniawan, Shelly
Indonesian Comparative Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i1.25305

Abstract

Various factors may lead to the increase of physical and mental health problems within the society, especially among teenagers and adults. Music therapy has frequently been used to deal with such problems.  Music therapy is generally conducted in private using various types of music, including musical works protected by copyright, therefore the use of music for therapeutic purpose may give rise to copyright issues.  This article aims at exploring the legal frameworks on the practice of music therapy with regard to copyright issue in Indonesia and other jurisdictions. This normative juridical research employs both statutory and comparative approaches. Comparison is made with the United States and Australia. The results show that currently, there is no regulation governing music copyright used in private settings in Indonesia. Based on four factors test, the use of musical works protected by copyright in private music therapy sessions can be regarded as a fair use, provided that it is neither publicized nor distributed to the public. When music therapy sessions conducted publicly, such as performing public demonstrations with commercial purpose, therapists may use their own original songs, songs that are part of the Public Domain, musical works with a Creative Commons License, establishing an agreement with musicians, and making royalty payments to relevant institution (LMKN).
The Legality of Price Rounding in Sale and Purchase Transaction under Indonesian and Islamic Law Arifpadilah, Pajri; Hidayah, Nur Putri
Indonesian Comparative Law Review Vol. 7 No. 2 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v7i2.24375

Abstract

The need for easiness in making transaction has resulted in a unique method of payment known as price rounding system. This system is frequently applied in the transaction of various goods, including vegetables, foods, and clothing.  In spite of its practical advantage, there is a potential economic loss suffered by the buyers or consumers, especially when the sellers tend to round the price up. Consequently, the question on its legality arises. This study analyzes the legality of transaction applying the price rounding system from the perspective of Indonesian and Islamic law. This normative legal research employs both statutory and conceptual approaches. The result of this study indicates that the price rounding practice is allowed under Indonesian law as far as the buyer agrees to pay the item at the rounded price. On the other side, such a practice is prohibited under Islamic law since it violates the Qur’anic provisions. However, there is an opportunity to continue such a practice in particular places where the local custom (‘Urf) in those places tolerate it. The authors suggest that consumers should pay more attention on such a practice to avoid any manipulation committed by the sellers.

Page 10 of 10 | Total Record : 96

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