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Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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Legal Challenges of Generative Artificial Intelligence in Intellectual Property Protection Junaidi
Jurnal Hukum dan Keadilan Vol. 3 No. 5 (2026): JHK - August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i5.670

Abstract

The rapid diffusion of generative artificial intelligence (AI) systems capable of producing text, images, music, source code, and other expressive or functional outputs has exposed deep structural tensions within contemporary intellectual property (IP) law. Doctrines built around human authorship, inventive step, and identifiable infringing acts strain when confronted with machine-generated works, opaque training processes, and diffuse chains of causation between input data and output content. This article examines the legal challenges generative AI poses to copyright, patent, and related IP regimes, focusing on three interlocking problems: the (non-)recognition of AI systems and AI-assisted human creators as authors or inventors; the legality of using copyrighted works as training data without authorization or remuneration; and the adequacy of existing liability and governance frameworks to address infringement risks generated by foundation models. Using a normative juridical method combined with comparative and conceptual approaches, this article analyzes statutory provisions, judicial decisions such as, and recent international scholarship to map divergent regulatory responses across the United States, the European Union, China, India, and Indonesia. The findings indicate that no jurisdiction has yet produced a fully coherent doctrinal settlement; instead, a patchwork of judicial improvisation, administrative guidance, and emerging legislation such as the has developed. The article concludes that IP law requires targeted reform rather than wholesale replacement, including clarified human-authorship thresholds, statutory text-and-data-mining exceptions coupled with opt-out and transparency mechanisms, and graduated liability rules that distinguish developers, deployers, and end users of generative AI systems.
Climate Justice and Environmental Law Reform in Developing Countries Abbas
Jurnal Hukum dan Keadilan Vol. 3 No. 5 (2026): JHK - August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i5.671

Abstract

Climate change has become a multidimensional crisis that has imposed the heaviest impacts on developing countries, despite their relatively small historical contribution to global greenhouse gas emissions compared to developed industrial countries. This inequality has given rise to the concept of climate justice as a normative framework that demands a fair distribution of environmental responsibilities, benefits, and burdens between developed and developing countries. This article aims to analyze how the concept of climate justice can be integrated into environmental law reform in developing countries, highlighting the structural failures of the existing legal framework and formulating a direction for reform that is more responsive to the principles of intergenerational and interregional justice. This research uses normative juridical methods with legislative, conceptual, and comparative legal approaches to several jurisdictions in Asia, Africa, Latin America, and Indonesia. The results of the study indicate that weak law enforcement, limited access to human rights-based litigation, and the absence of an adequate corporate accountability framework are the main obstacles to achieving climate justice in developing countries. This article recommends strengthening the rule of law, harmonizing environmental law with international human rights instruments, and establishing a just energy transition mechanism as a foundation for environmental law reform oriented towards climate justice.

Page 11 of 11 | Total Record : 102

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