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Lex Scientia Law Review
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25989685     DOI : https://doi.org/10.15294/lslr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Scientia Law Review [P-ISSN 2598-9677 | E-ISSN 2598-9685] is one of the prominent journals in Indonesia under the auspices of the Faculty of Law at Universitas Negeri Semarang, Indonesia, has established itself as a preeminent platform for legal scholarship.
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 63 Documents
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The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice Kurniawan, I Gede Agus; Putu Aras Samsithawrati; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai; Nutakor, Briggs Samuel Mawunyo
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.18096

Abstract

This study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice.
Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future Maskur, Muhammad Azil; -, Pujiyono; Cahyaningtyas , Irma; Fikri, Wildan Azkal; ‘Aisy, Firsta Rahadatul
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.19743

Abstract

This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is hard to conduct because it should refer to 4 groundworks, namely Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next one, the authors found an ideological struggle in the principle of material legality of the new Indonesian criminal code, which includes the struggle of personal, political, and legal policy ideologies. So, the principle of material legality is challenging to enact because the competing ideologies negate each other. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
Enhancing Fair Use in Protecting Appropriated Artworks: A Comparative Analysis of Safeguarding Indonesian Copyright Law Nadya Aurelia, Caitlynn; Tanaya, Velliana; Sugianto, Fajar; Yamamoto, Atsuko
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.20570

Abstract

Appropriated artwork refers to the practice of using pre-existing objects or images into new works of art with little or no significant changes to the original form. This trend developed into the Pop Art movement, where one of the characteristic features was the use of images from mass media, as seen in the works of Andy Warhol, including the transformation of Campbell's soup cans into iconic works of art. Although widely appreciated, this work has drawn criticism regarding copyright infringement, raising the question: where do one artist's rights draw on another? To what extent is the appropriation of copyright protected works considered legal without violating the rights of the original creator? The research results show that the two legal systems differ significantly in the aspects of exclusive rights, moral rights, protected works, exceptions, and duration of protection. The challenge in understanding fair use lies in determining the boundaries between the rights of one artist and another. The fair use doctrine assesses four main factors: the purpose and character of the use, the nature of the original work, the proportion of the work used, and the impact on the market. Courts in the US often favor fair use if elements of transformation are identified, measuring the extent to which the appropriated work carries elements of originality or new creativity. Indonesia could consider adopting the fair use doctrine by adapting the concept through ministerial regulations or other implementing regulations.
Intellectual Property Challenges for AI-Driven Creativity: A Focus on Copyright and Patents in Emerging Economies Sudirman, Lu; Disemadi, Hari Sutra; Budi, Henry Soelistyo; Park, Jihyun; Silviani, Ninne Zahara
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.20611

Abstract

The integration of Artificial Intelligence (AI) into scientific advancements has become a crucial part of daily life for many people. In the creative industry, AI has the potential to not only enhance the level of creativity, but also productivity. The legal implications of this development must be carefully analyzed for the development of the creative industry, to establish a legal position on where AI stands in the increasingly competitive market, especially when Intellectual Property Right (IPR) as a key factor is taken into account. This research examines the need for a legal framework for AI. It was conducted through the lens of intellectual property law, to determine its place within existing IPR regimes using the comparative legal method. The results conceptually justify the urgency to regulate AI, and highlights the taxonomy dilemma of AI-generated works within the current dynamics of the creative industry, indicating a taxonomy dilemma. Further analysis also indicates that while there’s a decent urgency to address all of the normative issues that exist within Indonesia’s IPR legal framework, it’s imperative that Indonesia prioritizes the development of the copyright and patent regimes, which are closely related to the nature of AI-generated works.
Application Of Legal Maxims In Contract Law: Pacta Sunt Servanda And Islamic Rules On Promises Abdulah Pakarti, Muhammad Husni; Suntana, Ija; Sururie, Ramdani Wahyu; Kurniawan, Lexy Fatharany; Nik Saleh, Nik Salida Suhaila
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.20858

Abstract

In the practice of contract law, the fulfillment of promises and compliance with agreements are fundamental aspects to ensure justice and legal certainty. The principle of pacta sunt servanda which emphasizes the obligation to honor agreements has relevance to Islamic rules which also require the fulfillment of promises. This research uses normative legal research methods with a comparative juridical approach. Primary data sources are obtained from laws, government regulations, court decisions, and other relevant legal documents. While secondary data is obtained from books, journals, scientific articles, and other literature that discusses the principle of pacta sunt servanda, Islamic rules on promises, and contract law. Data collection techniques use literature study and document analysis, while data analysis techniques use qualitative analysis using the inductive method, and comparative analysis to compare the principle of pacta sunt servanda with Islamic rules of promise. The findings show that pacta sunt servanda and Islamic rules of promise have similarities in emphasizing the importance of commitment to the contract. However, there are differences in the application of these two legal systems, especially regarding exceptions and certain conditions such as force majeure and the principle of benefit in Islam. The principle of pacta sunt servanda and the Islamic rule of promise can complement each other in the practice of contract law, especially in the context of countries that apply legal pluralism. The application of these two principles encourages trust and stability in business transactions. This research recommends strengthening the legal framework that accommodates elements of contract compliance while taking into account aspects of substantive justice and relevant special conditions.
From Justice to Politics: The Constitutional Court’s Role in Structured and Systematic Election Violations Rofi Wahanisa; R. Benny Riyanto; Syahwal; Eko Mukminto; Uche Nnawulezi
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21103

Abstract

This research analyzes the judicial implications of the Constitutional Court’s rulings on structured, systematic, and massive (TSM) violations in Indonesian elections, and their impact on democratic integrity. Using a socio-legal approach, it combines legal analysis with social science perspectives to examine how the Court interprets and applies TSM principles within a broader socio-political context. The study finds that while the Constitutional Court plays a pivotal role in upholding electoral integrity and safeguarding democratic values, significant challenges remain. Chief among these is the difficulty of proving TSM violations, which are often entangled with powerful political interests. These challenges can weaken public trust, hinder accountability, and contribute to a democratic deficit. The study concludes that more robust judicial mechanisms and clearer evidentiary standards are needed to ensure fair adjudication and strengthen Indonesia’s democratic institutions.
Miscommunication As A Cause Of Disputes In The Relationship Between Doctors And Patients In Hospitals_ Astuti, Endang Kusuma; Yustina, Endang Wahyati; Ngah, Anisah Che
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21791

Abstract

The legal relationship between doctors and patients always employs communication as a means to reach a mutual acceptance and understanding of each party. However, miscommunication more often than not happens in that legal relationship, thus producing disputes between doctors and patients. The problem raised in this study is how miscommunication between doctors and patients in medical services can cause medical disputes. The study utilized sociolegal research as its research method, with the location of the research being done in Semarang. The results of the study reveal that miscommunication between doctors and patients can be a cause of disputes due to the distinct gap between expectations and the reality received by patients. This distinctive gap could emerge when there are differences in culture and language between doctors and patients. Therefore, the gap caused by miscommunication is one of the most frequent causes of disputes between doctors and patients in medical services.
Indonesian Criminal Law Reform Policy Through the Classification of Fines in the Indonesian National Criminal Code (Attributed to Fines Sanctions in Law Number 63 Year 2024 on Immigration) Purwanti, Maidah; Suseno, Sigid; Idris, Idris; Chandra, Erika Magdalena
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21929

Abstract

After the Dutch colonial occupation, for 78 years Indonesia still used Wetboek van Strafrecht as the law that regulates criminal law until finally in 2023 Indonesia has a National Criminal Code. The National Criminal Code emphasizes the ultimum remedium character by changing fines into one of the main punishments. The formulation of fine as one of the main punishments is part of the effort to overcome the overcapacity in correctional institutions caused by imprisonment which has always been the main choice in the punishment system in Indonesia and is perceived increasingly ineffective. Fines that have been contained in the Criminal Code are also a reference for the determination of fines in special laws outside the Criminal Code, one of which is the Immigration Law which in its application faces many obstacles. This qualitative research uses normative juridical method that analyzes the norms of fine sanctions and its classification in the Indonesian National Criminal Code. Although there are still findings, the fine clause in the National Criminal Code raises new homework for legislators and implementers, related to special laws outside the National Criminal Code that also formulate fines in their criminal sanctions, the research found that the classification of fines in the National Criminal Code is formulated as a new Indonesian punishment policy that has a more ultimum remedium character and prioritizes the principle of justice over legal certainty, can be a guideline for imposing administrative fines for special laws and regulations such as Immigration Law
Toward an Effective Legal Framework for Digital Health E-Commerce: Insights from the UAE and Indonesia Benseghir, Mourad; Maamar Bentria; Zerara, Aouatef; Bendriss, Halima; Berrahlia, Badreddine
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.12152

Abstract

This study compares the regulatory frameworks of the United Arab Emirates (UAE) and Indonesia governing the online provision and sale of health-related technologies. In technology-driven healthcare, data privacy and the security of digital transactions are central concerns. Employing a normative juridical approach, the research analyses applicable legislation, regulatory instruments, and scholarly literature in both jurisdictions. The findings indicate that the UAE has developed a relatively robust and comprehensive framework, particularly in relation to data protection and the security of digital health infrastructure, supported by detailed and stringent rules. By contrast, Indonesia’s regulatory framework remains less effective in practice, hindered by limited public awareness of data security, uneven enforcement, and implementation challenges at the local and regional levels. The study underscores the key differences between the two systems and highlights the need, especially in Indonesia, for clearer, more enforceable rules on health-related online transactions and stronger safeguards for personal health data.
Bridging Digital Justice: A Comparative Study of E-Commerce Arbitration in Indonesia and Taiwan Asyiqin, Istianah Zainal; Fitriyanti, Fadia; Yunita, Ani; Akbar, M. Fabian; Pei-Fen, Tsai
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.18899

Abstract

The rapid expansion of e-commerce has significantly altered the global trade landscape, presenting legal challenges and opportunities, particularly in cross-border transactions. Arbitration has emerged as an effective mechanism for resolving e-commerce disputes, due to its enforceability and flexibility. The intersection between arbitration and e-commerce necessitates immediate attention as electronic signatures, digital contracts, and remote proceedings become more common. This study employed a normative legal approach to evaluate the arbitration frameworks of Indonesia and Taiwan in the context of e-commerce disputes. While Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) supports Indonesia's legal system, it lacks specific provisions on arbitration for digital commerce, particularly in international contexts. In contrast, Taiwan exhibits a more comprehensive system integrating its Electronic Signatures Act with arbitration practices, enabling a more significant adaptation to technological advancements. While Taiwan's Arbitration Act does not explicitly regulate remote hearings, the Code of Civil Procedure and Judicial Yuan's pertinent regulations permit remote hearings, video conferencing, and electronic evidence submission, thereby guaranteeing continuity and efficiency, particularly during the COVID-19 pandemic. According to this investigation, Taiwan's institutional and procedural preparedness for digital dispute resolution is more advanced. To augment its e-commerce arbitration skills, Indonesia must integrate digital technologies and address regulatory gaps within its arbitration system. The comparative research provides a distinct viewpoint on how both nations might mutually benefit from enhancing legal clarity, effectiveness, and cross-border enforceability within the digital economy.

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