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Journal of Law and Policy Transformation
Published by Universitas Internasional Batam
ISSN : -     EISSN : 25413139     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 307 Documents
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Intellectual Property Protection in Startup-Freelancer Relationships: An Analysis of the Legal Vacuum in Copyright and Trade Secrets Iswara, Vizta Dana; Syarief, Elza; Sudirman, Lu
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9836

Abstract

Startups play an important role in the digital economy by bringing innovation and growth. Intellectual property can be in the form of copyrights, patents, trade secrets and trademarks owned by a startup business. However, the protection of intellectual property, especially copyrights and trade secrets, still faces major challenges. This article examines the legal lacuna in intellectual property protection, particularly regarding the relationship between startups and freelancers who often contribute valuable ideas and works. Using Philipus M. Hadjon's theory of legal protection and Gustav Radbruch's theory of legal certainty, this article highlights the need for stricter regulation to address the legal vacuum. Reforms are needed to improve trade secret protection and ensure better legal certainty. The conclusion suggests that strengthening intellectual property regulations will support the sustainability and competitiveness of startups, as well as protect their innovative assets in a competitive digital environment.
Position Of Children In The Distribution Of Inheritance From Incestual Marriage According To Islamic And Civil Law Pitaloka, Diva; Havez, Muhammad; Jumadi, Joko; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9874

Abstract

Marriage is a sacred process with several legal requirements that must be obeyed when one of the conditions for the validity of a marriage is not fulfilled. Furthermore, if things contained in the prohibition of marriage, such as committing inbreeding or incest, then the marriage is considered invalid or can even be canceled by law. When a marriage is considered invalid or even annulled by law, it will have legal consequences for the position of children born from the marriage, including the position of children in inheritance. This research uses a normative legal approach method that uses doctrines and principles of law as a reference and uses primary and tertiary legal materials. From this research, it can be concluded that inbreeding or incest is considered invalid in Indonesia, so it results in the position that children born from incest relationships are illegitimate children and are also referred to as adulterous children or discordant children (civil code). In terms of inheritance, children of incest have no inheritance at all. Both Islamic and Civil Law state that children of incest only have relation to their biological mother and mother's family, while to their biological father, there are no relations at all because they have no obligation to inherit each other and only have a right to demand the necessary maintenance from their biological father asset’s
Implementation And Strengthening Oversight Function In The DPRD of Gorontalo Province Tome, Abdul Hamid; Arief, Supriyadi A.
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9929

Abstract

The oversight function is one of the functions of the DPRD, but it has not worked well in practice. Therefore, through this research, we are trying to generate ideas regarding implementing the DPRD's oversight function on regional government administration, mainly carried out by the Gorontalo Province DPRD. This research is empirical legal research because it examines problems in the legal field, namely in the Gorontalo provincial DPRD as the research object. This qualitative research approach is a way of analyzing research results that produce descriptive data. This research concludes that the form of implementation of the oversight function carried out by the Gorontalo Province DPRD is in two forms, namely: supervision in hearings by inviting stakeholders and direct visits, both planned and unannounced (sudden inspections), as well as supervising the implementation of follow-up actions—results of examination of financial reports by the Financial Audit Agency. Therefore, the implementation of the oversight function carried out by the Gorontalo Provincial DPRD can be improved through the use of social media in receiving reports from the public so that it will make it easier for the monitoring mechanism by the Gorontalo Provincial DPRD as well as to control budget availability in the implementation of regional regulations so that budget allocation for the implementation of regional rules is appropriate. It has been established and can be used efficiently and accountably.
Corporate Social Responsibility in Limited Liability Companies in National Mining Law Febiola, Cahya Putri; Susanti, Susi; Pratiwi, Charine Alya; Rumelawanto, Fajar Putra Prastina
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10109

Abstract

Corporate Social Responsibility (CSR) is a social and environmental responsibility that must be implemented by companies in the natural resources sector, including mining, in accordance with Law Number 40 of 2007. This research aims to analyze CSR regulations in Indonesia, especially in the mining industry, and evaluate CSR regulations in the Limited Liability Company Law and Mineral and Coal Law and their derivative regulations. This research also highlights provisions regarding reclamation, post-mining activities, and community empowerment as a form of CSR in the Minerba Law. Using the normative analysis method, it was found that there was a regulatory gap between Minerba Law with PP 78/2010 related to occupational health, which is an important part of social responsibility. Therefore, the implementation of CSR in the mining sector still faces challenges, especially in ensuring that mining companies carry out their obligations consistently. This research recommends harmonization of regulations to strengthen legal certainty and ensure companies implement CSR in a sustainable manner to achieve environmentally sound development and social welfare.  
The Practice Of Deligitimization Decisions Court Due to The Intersection Of Judicial Review in Indonesia A Arief, Supriyadi; Piyo, Sofyan; Usman, Ramadhan; Hippy, Janwar; Puluhulawa, Irlan
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10120

Abstract

The Post-Decision Intersection Between the Supreme Court and the Constitutional Court in Indonesia. The Constitutional Court Decision No. 70/PUU-XXII/2024 and the Supreme Court Decision No. 23/P/HUM/2024, both addressing the age eligibility requirements for candidacy in the 2024 simultaneous regional elections, have reignited tensions between two branches of judicial power. This tension is further exacerbated by the decision of the House of Representatives (DPR), through a Working Committee meeting, to favor the Supreme Court’s ruling. This study aims to analyze the extent of the intersection between the Supreme Court (MA) and the Constitutional Court (MK) by examining their respective decisions. The analysis adopts a normative approach, relying on secondary data as the primary source, supported by statutory, case law, and conceptual approaches to address the core issues. The findings reveal that the overlap between the Supreme Court and the Constitutional Court in conducting judicial reviews of regulations has led to delegitimization between Supreme Court Decision No. 23/P/HUM/2024 and Constitutional Court Decision No. 70/PUU-XXII/2024. To address this issue, both courts must exercise judicial restraint, particularly regarding substantive matters with potential overlap between their jurisdictions. Such restraint is essential to prevent external parties or institutions from exploiting court decisions to advance their institutional agendas, thereby avoiding unnecessary institutional conflicts.
Indonesia’s Implementation in Migrant Workers Protection from Involvement Of Terrorism as ASEAN Member States Aslam, Achmad Yassin Zidan Akram
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10079

Abstract

As the one of the largest sending and receiving states of migrant workers, ASEAN as an international organization with regional characteristics has objectives to protect the migrant workers from the threats of terrorism crimes. This happen because there are several cases of terrorism in ASEAN member states that involves migrant workers as the victims and as well as actor in their acts, some of them are Indonesian migrant workers. Thus, ASEAN and Indonesia need the measures to combating the challenges from acts of terrorism crimes which involves migrant workers. This research aims to examine the ASEAN and Indonesia as ASEAN member states approach to combating terrorism crimes and the enforcement of migrant workers protection from the threats. Therefore, the research uses normative legal research method by using statues and case approaches. The finding in this article is ASEAN and Indonesia took several measures in legal instruments regulation to combating terrorism crimes and to protect migrant workers from the involvement of terrorism acts.
Harmonizing Copyright in the EU's Digital Single Market: Benefits and Barriers Damayanti, Fitria; Zacky, Muhammad Farid; Soeparna, Intan
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10178

Abstract

The rapid advancement of digital technology has reshaped global trade and commerce, particularly in the European Union (EU), where the Digital Single Market (DSM) strategy seeks to create an integrated online economy across member states. This research examines the intersection of the DSM and Intellectual Property Rights (IPR), particularly focusing on copyright protection in the digital space. The EU’s efforts to eliminate cross-border barriers, enhance e-commerce, and foster innovation have profound implications for copyright law, highlighting both opportunities and challenges for creators and businesses. Through the introduction of the EU Copyright Directive (Directive 2019/790), the EU aims to modernize copyright rules, offering greater legal certainty and protection for digital content creators. However, the digital economy also brings challenges such as geo-blocking, territorial licensing, and issues related to piracy, which hinder seamless access to digital content across borders. This study explores the benefits and obstacles of the DSM strategy in relation to IPR, providing insights into the complexities of balancing copyright protection with the need for an open and integrated digital market.
The Optimalization Of International Cooperation in Asset Forfeiture Under Indonesia Anti-Corruption Law Draft Suwono, Frederica Celia; Sanjaya, Robin Antonius; Ksatria, Amadeus Farrel; Panjaitan, Ananda
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10191

Abstract

Corruption has been a serious matter for the Indonesian government, endangering economic stability, eroding public trust, and undermining societal well-being. Recognized as a complex and transnational crime, corruption demands strong legal and institutional action. This paper examines the potential for improving international collaboration within Indonesia’s Draft Asset Forfeiture Law as a means of addressing economic crimes. Although Indonesia ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7 of 2006, the enforcement of asset recovery measures and cross-border cooperation remains inadequate. Key shortcomings in the draft law include a lack of comprehensive guidelines for international collaboration and insufficient mechanisms for seizing assets prior to legal judgments. By utilizing global frameworks such as UNCAC and the ASEAN Mutual Legal Assistance Treaty (AMLAT), these gaps can be addressed. This study recommends revising the draft law to establish clearer international procedures, streamline asset recovery efforts, and bolster Indonesia’s capacity to combat corruption and financial crime effectively.
Recalibrating Parate Executie, Navigating Legal Pluralism, Criminalization Risks and Procedural Governance In Indonesian Fiduciary Lumban Gaol, Chandra Erick Manaek Pandapotan; Abubakar, Lastuti; Marpaung, Roni Heilig
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10304

Abstract

The landscape of fiduciary execution (jaminan fidusia) in Indonesia has been fundamentally reshaped by Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 2/PUU-XIX/2021. These landmark rulings, while aiming to bolster debtor protection under the 1945 Constitution, have curtailed the creditor's right of direct execution (parate executie) as originally established by Law No. 42 of 1999. This judicial intervention has engendered a state of profound legal ambiguity, creating a perilous enforcement vacuum where the lines between lawful execution and criminal conduct have become dangerously blurred. This article employs a normative legal research methodology, incorporating doctrinal, statutory, case, and comparative approaches to analyze this complex legal problematic. We argue that the Court's decisions, by introducing the vague and procedurally undefined prerequisites of a post-default "agreement on default" and "voluntary surrender," have inadvertently amplified the risks of criminalization for all parties—creditors, debtors, and assisting law enforcement. The research finds that in the absence of clear legislative amendment or binding Supreme Court guidance, the existing legal framework is inadequate to ensure both economic efficiency and procedural justice. As a novel contribution, this paper posits that principles derived from international governance and risk management standards, specifically the ISO/IEC family (e.g., ISO 9001, ISO 31000, ISO 37301), can serve as a crucial non-legislative framework for creditors to develop robust, transparent, and defensible execution protocols. Such a system of private governance can mitigate criminalization risks, demonstrate good faith, and restore a measure of legal certainty, thereby providing a vital bridge over the troubled waters of Indonesia's current fiduciary enforcement regime.
Criminal Law Policy Expires on Criminal Acts of Corruption Achmad Eka Yougi Ardata; Moh. Muhibbin; Budi Parmono
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10389

Abstract

This research is motivated by the increasing number of cases of criminal acts of corruption in Indonesia. One of the reasons behind this is the implementation of the statute of limitations, so that many corruptors remove traces of not taking responsibility for the criminal acts they have committed. The aim of this research is to determine and analyze criminal law regulations and policies regarding the statute of limitations in criminal acts of corruption. This research uses normative juridical methods. The results of this research are that the statute of limitations for criminal acts of corruption has not been specifically regulated in the Law on the Eradication of Corruption Crimes. So that in its implementation it is based on 2 regulations with provisions, namely a minimum state loss of IDR 1,000,000,000. Article 40 of Law Number 19 of 2019 applies, namely an expiry period of 2 (two) years. Meanwhile, losses resulting from criminal acts of corruption are below IDR 1,000,000,000, Article 78 of the Criminal Code applies, based on the Corruption Eradication Law, which states that the criminal threat consists of a minimum imprisonment of one years and a maximuam of twenty years, as well as life imprisonment, then the applicable expiry times are six years, twelve years and eighteen years. Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.

Page 29 of 31 | Total Record : 307

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