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Media of Law and Sharia
ISSN : 27211967     EISSN : 27162192     DOI : https://doi.org/10.18196/mls
Core Subject : Humanities, Social,
The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what penalties can be imposed on those who commit them. Civil Law Studying humans as subjects in law, laws that arise from kinship, the law relating to the valuation of money/wealth and inheritance law. Constitutional Law Examine the ins and outs of the birth of the state, concepts and theories of sovereignty and state power, and the system and governance of the state and government, including examining the pattern of power-sharing and the formation of state equipment. State Administrative Law Picturing the system of governance, actions and behavior of officials or state administrative bodies in carrying out their duties and responsibilities, including the consequences and solutions for resolving administrative and state administrative disputes. Laws and Regulations Reviewing the system for the formation of laws and regulations from understanding basic principles or formal material principles. Definition and types of legal norms, the types and legal implications of the hierarchy of laws and regulations, the mechanism for the formation of laws and regulations, and how the system and mechanism for testing legislation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 71 Documents
Intellectual Property Rights and Their Inheritance: Positive Law and Islamic Law Perspectives Fauzy, Addyn Daffa; Ichsan, Muchammad
Media of Law and Sharia Vol. 7 No. 1 (2026)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.497

Abstract

Recently, disputes regarding intellectual property rights (IPR) have frequently arisen within society. This is particularly true for IPR, which are intangible assets that hold significant economic value and are inherited after the owner's death. This study aims to examine the status of IPR as movable property and an object of inheritance based on Indonesian positive law and Islamic law. Using a normative-juridical and comparative law approach, this study analyzes seven IPR laws (the Copyright Law, the Patent Law, the Trademark and Geographical Indications Law, the Trade Secrets Act, the Industrial Design Act, the Integrated Circuit Layout-Design Act, and the Plant Variety Protection Act) as well as the Civil Code, the Compilation of Islamic Law, and fiqh doctrines on inheritance. Research findings indicate that Indonesian positive law explicitly recognizes IPR as inheritable property that can be transferred to heirs through registration (copyrights, patents, trademarks, and others). Meanwhile, Islamic law recognizes IPR as māl (property) that can be owned and inherited, provided it meets the requirements of perfect ownership and does not conflict with Sharia. The integration of these two legal systems enables Muslims in Indonesia to inherit IPR in accordance with the principles of justice and benefit.