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Vivit Fitriyanti
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Qonun Jurnal Hukum Islam dan Perundang-Undangan
Published by Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda
ISSN : -     EISSN : 27743209     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Qonun Jurnal Hukum Islam dan Perundang-undangan is an open access, peer-reviewed journal which aims to offer an international academic platform for Islamic legal stuidies. It encompeasses research articles, both normative-doctrinal and empirical, in the dicipline of Islamic law that includes: Constitutional Law and Administrative Law Human Rights and Religious Freedom Islamic Jurisprudence (Fiqih) Islamic Legal Theory (Ushul al-Fiqh) Law in Modern Muslim World (Legislation/Codification, Statues, Regulations, Legal, Professions, and Institutions) Comparative Law, Law & Religion, or Law & Society which interest with Islamic Law Qonun: Jurnal Hukum Islam dan Perundang-undangan was established in 2020 and is affiliated to the faculty of Sharia and Law, UINSI Samarinda. Academic quality and the international character of the journal are guaranteed by editorial board, which consists of national and foreign experts in all specializations of Islamic legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 123 Documents
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Intellectual Property and Traditional Knowledge: Balancing Cultural Rights and Legal Certainty in Indonesia and Georgia Putu Dea Ranudhara Ratnanggana; Anak Agung Ayu Ngurah Sri Rahayu; I Gede Agus Kurniawan; Maia Kapanadze
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 2 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/rda2jf03

Abstract

The development of the global intellectual property law system has created new challenges for the protection of traditional knowledge traditionally safeguarded by indigenous communities. Traditional knowledge, encompassing cultural expressions, medicinal practices, and environmental knowledge, often does not conform to the fundamental principles of new, individualistic, innovation-based intellectual property regimes. In this context, a crucial issue arises: how to ensure the respect of the cultural rights of traditional communities without sacrificing legal certainty in the application of modern intellectual property rules. This paper aims to analyze and compare the legal approaches of Indonesia and Georgia in protecting traditional knowledge under the intellectual property framework. The primary focus is on the balance between recognizing the collective rights of indigenous communities and the need for a secure and enforceable legal system. This research employs a normative-comparative approach, examining national legal instruments, government policies, and relevant international guidelines, including provisions from the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity. The analysis shows that both Indonesia and Georgia face similar challenges in integrating cultural values ​​into their legal systems. Indonesia has developed a community-based protection framework through the recognition of communal rights to traditional knowledge and cultural expressions. Georgia, meanwhile, places greater emphasis on a formal legal approach with the registration and documentation of traditional knowledge. This study concludes that a hybrid model combining formal legal protection and community-based mechanisms is necessary to achieve a balance between cultural rights and legal certainty
Reconstructing Indonesian Legislation on State Control of Mineral and Coal Resources to Promote Regional Welfare Benito Asdhie Kodiyat MS; Ida Hanifah; Faisal
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 1 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/90412887

Abstract

The recentralization of mineral and coal mining governance in Indonesia has generated constitutional debate regarding the implementation of the State's Right to Control under Article 33 paragraph (3) of the 1945 Constitution. Although the policy aims to strengthen national control over strategic natural resources, it has also reduced regional authority and raised concerns regarding accountability, regional welfare, and the constitutional balance between centralization and decentralization. This study aims to examine the constitutional framework of the State's Right to Control, analyze the legal implications of the shift from attributive to delegative regional authority, and formulate a balanced model for mining governance. This research employs a normative legal method using statutory and conceptual approaches. Primary, secondary, and relevant non-legal materials were analyzed through qualitative, descriptive, and prescriptive methods. The study concludes that the current centralized governance model weakens regional participation and supervisory functions, thereby creating constitutional and administrative inconsistencies. Accordingly, a balanced authority model is proposed to harmonize national strategic interests with regional autonomy and the constitutional objective of achieving the greatest prosperity of the people.
Digital Transformation in Improving Legal Services by Notaries Who Apply the Cyber Notary Concept Rizka Syafriana; Ida Hanifah; Onny Medaline
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 1 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/djfz7d70

Abstract

The era of Digital Disruption is marked by the shift in people's activities from conventional systems to information technology-based systems that prioritize efficiency and flexibility. The development of the internet and digital economy also affects the field of notary, so notaries are required to be able to adapt through the use of technology in carrying out their duties as makers of authentic deeds. The regulation of electronic transactions in Law Number 11 of 2008 concerning Information and Electronic Transactions and the authority of notaries in the Law on Notary Positions are the normative basis in studying the application of the concept of cyber notary. The problems of this research include the application  of cyber notary in improving legal services, factors that hinder its implementation, and regulatory models relevant to digital transformation. This research aims to make a theoretical contribution to the development of notary literature related to cyber notaries as well as practical contributions for notaries and the public in understanding digital transformation in the legal field. The method used is normative-empirical research with a legislative approach and qualitative analysis of primary and secondary legal materials. This research is explanatory and prescriptive analytical. The results of the study show that the implementation of cyber notary still faces juridical obstacles, especially related to the limits of authority, the validity of the deed, and the strength of legal proof. The absence of special regulations regarding cyber notaries in the Indonesian legal system is the main obstacle in its implementation. In conclusion, digital transformation in notary is an inevitable need in the era of globalization. However, in order for the implementation of cyber notary to run effectively and provide legal certainty, progressive, comprehensive, and adaptive regulatory reforms are needed to bridge the gap between technological developments and the national legal system.

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