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Yusuf Wisnu Mandaya
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Law Development Journal
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 27472604     DOI : http://dx.doi.org/10.30659
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Agrarian Law Criminal Procedural Law Civil Procedural Law Constitutional Law Islamic Law; Akhwalus Syakhsyiyah Law; Munakahat Law; Faraidh/Mawaris Law; Army/Military Law; Sea Law; Economic Law; Medical Law; Custom Law; Environmental Law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Search results for , issue "Vol 7, No 2 (2025): June 2025" : 14 Documents clear
Implementation of “Direct vs Indirect License”: A Comparative Study of Music Licensing Systems between Indonesia and the United States of America Fattah, Ade Syaifullah; Wahyuni, Ridha
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.284-301

Abstract

This study examines the implementation of direct and indirect license systems in copyright royalty management, particularly in the music sector, by comparing the regulatory frameworks of Indonesia and the United States. In Indonesia, copyright royalties are predominantly managed through a collective licensing system via LMK (Collective Management Organizations) and LMKN (National Collective Management Organization). Although the legal framework permits licensing directly between creators and users, the lack of explicit regulation on direct licenses creates legal uncertainty and risks overlapping claims. In contrast, the United States recognizes and regulates direct licenses under the Copyright Act of 1976, allowing copyright owners to manage their economic rights independently or through Performing Rights Organizations such as ASCAP, BMI, and SESAC. This legal certainty enables greater flexibility, negotiation power, and transparency for creators and industry stakeholders. The study employs a normative-empirical legal method, combining statutory analysis with interviews, to explore how Indonesia might benefit from clearer legal provisions to support a dual licensing approach. Strengthening legal clarity on direct licensingcould ensure fairness, legal certainty, and adaptability for both creators and music industry actors in Indonesia’s growing creative economy.
Electronification Financial Transactions for Business Operator: Legal Protection for Consumers Experienced Rejection in Cash Transaction Yusuf Argiansyah, Hikmal; Imran Nasution, Ali
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.212-229

Abstract

The National Non-Cash Movement (GNNT) by Bank Indonesia has brought changes in the implementation of transaction methods that prioritize digital transaction. Therefore, some business operator on payment methods that only accept non-cash transactions (cashless-only) in their business. However, it is actually caused problems in society, especially people who prefer cash transaction methods and people who do not have access to digital payments. Research conducted using the juridical-normative method uses the statue approach and case approach in conducting research. Research shows that the implementation of payment transaction methods that only accept digital payments (cashless-only) has the potential to violate consumer rights in terms of equal and non-discriminatory treatment of consumers, especially consumers who do not have access to digital payments. Rejection of the rupiah has also been prohibited through the Currency Law and the prohibition was reaffirmed by the Deputy Governor of Bank Indonesia. Consumers who feel that their rights have been violated by cashless-only transaction methods can take legal action in the form of a lawsuit through the general court, resolving the problem through non-litigation (conciliation, mediation, or arbitration) either individually or through the Consumer Dispute Resolution Agency (BPSK), and/or can report it to the National Consumer Protection Agency (BPKN).
The Application Analysis of Article 1365-Civil Code Towards The Responsibility of E-Commerce Platforms for Products Sale with Changed Brandings Without Permission Monalisa, Angelia Carla; Surahmad, Surahmad
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.144-161

Abstract

The background of this research is based on the rapid development of e-commerce which has led to an increase in the circulation of branded products that have been altered without permission. This action has the potential to harm brand owners and create an unhealthy trading climate in the digital world. This study aims to analyze the application of Article 1365 of the Civil Code (KUHPer) to e-commerce platforms that facilitate the sale of branded products that have been altered without permission, as well as to examine the role of platforms in protecting intellectual property rights in the world of e-commerce. The method used is a normative legal approach that emphasizes the analysis of legal regulations and related literature. The results of the study indicate that e-commerce platforms can be held liable for unlawful acts related to the sale of branded products that have been altered without permission, especially if there is evidence of negligence or an active role in allowing the practice. This study also found that the protection of intellectual property rights in e-commerce still requires strengthening regulations and more effective supervision to prevent violations that are detrimental to the parties involved.
Enforcement Against Extraordinary Members (ALB) of Notaries Who Violate the Notary Code of Ethics Rahmawati, Nur Ainiyah; Sulistiyono, Adi; Hermawan, Sapto
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.302-312

Abstract

The Notary Code of Ethics is a set of rules that are enforced and obeyed by notaries, used as guidelines for all notaries regarding what they should do, and at the same time guarantee the quality of notaries' conduct in the eyes of the public. Notaries who violate the provisions of the code of ethics will damage the reputation of the notary profession in the eyes of the public. The Indonesian Notary Association (INI) has three types of members: Regular Members, Extraordinary Members, and Honorary Members. To become a member of the INI association, prospective notaries must meet the requirements of a bachelor's degree in Law and a Notary Education/Specialized Notary Education diploma, and have passed the ALB selection process conducted by the INI as an official member of the INI organization. Once they have passed the ALB Notary exam and become members of INI, ALB Notaries must undergo an internship at a Notary office with the requirement of having served as a Notary for a minimum of 5 (five) years and having drafted at least 100 (one hundred) deeds. The internship must be completed as a prospective Notary for a consecutive period of 24 (twenty-four) months. During the internship period, the ALB Notary must already adhere to the Notary Code of Ethics since they are already a member of the INI organization. However, under the provisions of the Notary Code of Ethics, the ALB Notary is not included among those required to comply with the Notary Code of Ethics. The Notary Code of Ethics is only mandatory for those who have already assumed the position of Notary. Therefore, there is still a legal loophole for ALB Notaries if they engage in actions that violate the Notary Code of Ethics. The author used normative legal research in this study. A legislative approach and a conceptual approach were used in this study. The purpose of this study is to analyze and understand the handling of ALB Notaries who violate the Notary Code of Ethics.
Land Acquisition for Public Interest Reviewed from the Principle of Social Function and the Principle of Justice at TPST Batargebang Melnia, Nur Fitri
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.230-239

Abstract

Land acquisition for public interest in Indonesia has limited land so the author will examine the government's considerations in determining areas for land acquisition reviewed from the principle of social function and examine the implementation of land acquisition for public interest against land rights reviewed from the principle of justice with the study area at TPST Batargebang. The writing is compiled using a normative legal research method that refers to legal norms contained in laws and regulations. The data processing method used is a qualitative method. Land acquisition for public interest at TPST Batargebang has implemented the principle of social function and the principle of justice by collaborating between the DKI Jakarta City Government and the Bekasi City Government.
Legal Protection for Victims of Phishing Schemes for Buying & Selling Vehicles On OLX Gunawan, Rafy Akmal; Nugroho, Andriyanto Adhi
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.162-171

Abstract

This study discusses the legal protection of consumers who are victims of phishing schemes in vehicle buying and selling transactions on the OLX digital platform. In the digital era, phishing is one form of cybercrime that is rampant and threatens consumer rights, both as sellers and buyers. Phishing schemes that occur on OLX are generally carried out by impersonating sellers or buyers in order to steal sensitive information and harm other parties financially. This study aims to examine the impact of phishing schemes on consumer rights and analyze the form of legal responsibility of OLX as a platform organizer if consumers experience losses. The method used in this study is normative juridical, with a relevant legal approach such as the Consumer Protection Law, the ITE Law, and the Personal Data Protection Law. The results of the study show that weak identity verification and the lack of monitoring mechanisms from the platform open up loopholes for cybercrime, and put consumers in a vulnerable position. Therefore, there needs to be regulatory updates and strengthening of the legal responsibility of digital platforms to ensure consumer protection in electronic transactions.
Legal Implications of The Notary’s Position in Relation to Conflict of Interest Involving Client Kamila, Amalia; Rasji, Rasji
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.313-326

Abstract

This research aims to analyze the legal implications for Notaries who draft deeds for the benefit of clients but contain conflicts of interest that violate the law and the notarial code of ethics, as well as the role of the Regional Supervisory Council (in overseeing such violations. Conflicts of interest in notarial practice may arise when a Notary has personal, financial, or professional ties with one of the parties, thereby compromising neutrality and threatening the validity of the authentic deed. The results of the study indicate that the legal implications include the legal nullification of the deed, the imposition of administrative sanctions such as written warnings, temporary suspension, and even permanent dismissal, as well as potential criminal liability if there is evidence of intent or bad faith. These provisions are regulated under the Notary Law (UUJN), the Notarial Code of Ethics, and relevant provisions of civil and criminal law. In certain cases, deeds executed without the presence of the parties or outside the notary's office without lawful justification are declared legally defective and lose their authenticity. In this context, the Regional Supervisory Council plays a crucial role as a supervisory body authorized to conduct clarification, investigation, and recommend sanctions for Notaries proven to have committed violations. Pursuant to Article 70 of the UUJN, the Regional Supervisory Council is also empowered to receive public complaints and prevent violations through periodic evaluations. Thus, the Regional Supervisory Council serves as an essential instrument in upholding the integrity of the notarial profession and maintaining public trust in authentic deeds as valid legal evidence.
The Artificial Intelligence: Implication for The Identification and Protection of Child Victims of Deepfake Musofiana, Ida; Virdaus, Saivol; Nur, Abdul Kholiq; Wicaksono, Dida Satria
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.240-250

Abstract

Indonesia is the only nation that adheres to the Pancasila ideology, therefore it is natural to uphold human ethics and morals. However, the development of Artificial Intelligence technology has had a significant impact on various aspects of life, including the emergence of deepfake technology. This technology allows realistic manipulation of digital content, including the creation of illegal content such as child pornography. This phenomenon raises serious challenges in law enforcement, especially in Indonesia which is facing increasing cases of digital child exploitation. This research aims to examine legal aspects related to deepfake child pornography in Indonesia, identify challenges to law enforcement, and provide recommendations for strengthening legal regulations and implementation. This research aims to analyze law enforcement and tracking child victims of crimes using artificial intelligence. The analytical data processing in this research uses normative juridical studies, the results of secondary data processing are then analyzed as to how the phenomenon is in today's society. So appropriate analysis is expected to be produced to answer legal challenges facing current developments. The results show that it is essential to regulate a clear legal system regarding the protection and tracking of victims as well as legal ethics that are relevant to a civilized nation. This research presents a cross-disciplinary approach that combines artificial intelligence technology, cyber-criminal law, and child protection ethics, an area that has not been previously studied in an integrated manner in Indonesian legal literature. The focus on children as victims of deepfake content places this issue within the framework of protecting vulnerable groups based on cutting-edge technology.
Analysis of Challenges of Enforcing International Humanitarian Law in the Asymmetric War in Aleppo Wibowo, Rayhan Zaki; Azaria, Davilla Prawidya
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.172-181

Abstract

This study aims to uncover the problems that arise in asymmetric warfare, which are different from the challenges in conventional warfare. The main focus of this study is the challenges of implementing International Humanitarian Law (IHL) in the context of asymmetric warfare, involving state and non-state actors. This study identifies the challenges in implementing IHL principles, such as the principles of distinction, proportionality, and humanity that are often violated. In addition, this study also highlights global political constraints, especially the veto power in the UN Security Council and the involvement of foreign countries, which hinder the enforcement of international law. The results of the study show that although the international legal framework has been established, its application in asymmetric warfare such as in Aleppo requires in-depth evaluation and strengthening of fairer and more independent accountability mechanisms.
The Role of E-Commerce Platforms in Resolving Breach of Contract Disputes Related to the Delivery of Goods Not in Accordance with Consumer Orders by Business Actors Fikri, Muhammad; Sugiyono, Heru
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.%p

Abstract

This research discusses the role of e-commerce platforms in resolving default disputes in e-commerce transactions with a focus on the case of delivery of goods not according to order as the object of research. The purpose of this research is to analyze the effectiveness of legal protection for consumers as well as the role of the platform in resolving such disputes. This research uses normative juridical method with statutory approach and case study. The results show that although there is a legal basis in the form of the Consumer Protection Law and its implementing regulations, implementation in the field is still not optimal. The obstacles faced include low consumer legal literacy, lack of transparency in the dispute resolution mechanism in the platform, and the lack of connection between the platform's internal system and the official dispute resolution institution. In addition, e-commerce platforms have not fully carried out their responsibilities as organizers of the digital transaction ecosystem. This research concludes that strategic steps are needed in the form of strengthening regulations, integrating dispute resolution systems with official institutions, and increasing legal education for consumers in order to create a fair, fast and sustainable dispute resolution mechanism.

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