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Custodia: Journal of Legal, Political, and Humanistic Inquiry
Published by CV SCRIPTA INTELEKTUAL MANDIRI
ISSN : 31232116     EISSN : 31232108     DOI : 10.65310
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish original studies, theoretical analyses, and critical reflections that contribute to the understanding and advancement of legal, political, and humanistic thought. The journal welcomes manuscripts covering various topics, including constitutional and administrative law, human rights, political theory, governance, public policy, legal reform, social justice, ethics, philosophy, and cultural studies. All submissions undergo a rigorous double-blind peer-review process to ensure academic integrity, originality, and scholarly excellence. Custodia is published quarterly in March, June, September, and December, promoting intellectual dialogue, interdisciplinary collaboration, and innovative perspectives that support the development of legal, political, and humanistic scholarship at both national and international levels.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 141 Documents
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Status Hukum Hak Cipta atas Karya Berbasis Artificial Intelligence (Studi Kasus Tung Tung Tung Sahur Noxa dan Garena Free Fire) Ervin Januar Fahrezi; Faris Ibrahim Tauhiddurahman; Muhammad Yoga Rudianto Syahputra; Ikhwan Aulia Fatahillah
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/rt6yrh61

Abstract

The emergence of Artificial Intelligence (AI) has challenged the conventional concept of copyright authorship, particularly regarding the recognition of creators and ownership of AI-based works within the Indonesian legal system. This study aims to analyze the legal status of copyright ownership of AI-generated works based on Law Number 28 of 2014 concerning Copyright and examine the legal protection of the “Tung Tung Tung Sahur” case involving Noxa and Garena Free Fire. This research employs a normative juridical method with statutory and conceptual approaches through the analysis of primary and secondary legal materials. The findings indicate that AI cannot be recognized as a copyright subject, while human contributions remain essential in determining copyright ownership. The study reveals regulatory gaps regarding AI-assisted works, authorship standards, and evidentiary mechanisms. Legal reform is required to establish adaptive copyright protection while maintaining human creativity as the foundation of intellectual property rights. This research contributes to the development of intellectual property law by providing a conceptual framework for regulating AI-assisted creations in the digital era.
Perlindungan Hukum Hak Cipta Lagu Atas Transformasi Karya Musik Tanpa Izin dalam Format Jedag-Jedug di Platform TikTok Ajeng Hijrah Salima Khairunnisa Supyan; Rere Aura Bilqis As Salma; Shyva Nurmaeshi; Ikhwan Aulia Fatahillah
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/ma35zx13

Abstract

The development of TikTok has generated the jedag-jedug content phenomenon, characterized by musical works transformed through bass boosts, tempo alterations, and remixing without authorization from original songwriters. This practice creates legal issues regarding copyright protection in the digital environment. This study aims to analyze copyright infringements arising from unauthorized musical transformations, examine legal protection for moral and economic rights of songwriters, and identify available legal remedies. This normative legal study applies statutory and conceptual approaches through literature-based analysis. The findings reveal that unauthorized jedag-jedug transformations violate adaptation, reproduction, announcement, and distribution rights under Law Number 28 of 2014 concerning Copyright. Legal protection may be pursued through preventive and repressive mechanisms, including notice and takedown, civil claims, criminal sanctions, and mediation. The study highlights the need for stronger digital copyright enforcement and institutional coordination. This research contributes to the development of copyright studies by providing a legal perspective on the challenges of protecting musical works in the era of digital transformation.
Kajian Yuridis Normatif atas Penyebaran Ulang Konten Berbayar Weverse sebagai Pelanggaran Hak Cipta Afwany Hisaaby; Asti Anindya Khoerunisa; Salsabila Malika Besrolia; Ikhwan Aulia Fatahillah
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/y9r73a57

Abstract

The rapid expansion of membership-based digital platforms, particularly Weverse, has increased the unauthorized redistribution of paid content, raising significant copyright issues in Indonesia's digital ecosystem. This study employs a normative juridical method using statutory, conceptual, and case approaches through library research based on primary, secondary, and tertiary legal materials. The findings demonstrate that unauthorized redistribution of paid Weverse content through screen recording, screenshots, downloads, and dissemination via social media constitutes copyright infringement by violating the economic rights of copyright holders under Law Number 28 of 2014 on Copyright, particularly concerning reproduction, distribution, and public communication without authorization. Although Indonesian copyright law provides preventive and repressive legal protection, its implementation remains constrained by evidentiary difficulties, cross-platform dissemination, limited regulatory adaptation to digital membership services, and insufficient public legal awareness. The study recommends strengthening adaptive legal enforcement, platform accountability, and copyright literacy to improve the protection of exclusive digital content in the evolving digital environment.
Evaluasi Dampak Kebijakan Penangkapan Ikan Terukur Terhadap Nelayan di Kecamatan Bintan Timur Kabupaten Bintan Dimas Juliyanto; Eki Darmawan; Ardi Putra
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/q9dnm983

Abstract

The implementation of the Measured Fishing Policy (PIT) in East Bintan District faces fishing-zone restrictions that directly affect fishermen’s operational range and access to fishing grounds. Administrative and financial obligations have also altered fishermen’s socio-economic conditions. This study aims to evaluate the socio-economic impacts of the PIT policy on directly affected fishermen. A qualitative method with a case study design was employed using interviews, observations, and document analysis. Data were analyzed using the CIPP (Context, Input, Process, Product) evaluation model developed by Stufflebeam and Coryn (2014). The findings indicate that the policy is contextually relevant to sustainable fisheries management but insufficiently aligned with fishermen’s socio-economic conditions. Input evaluation reveals limited infrastructure, inadequate dissemination, and weak technical support, while process evaluation indicates incomplete quota implementation and persistent fishing conflicts. Product evaluation identifies increased operational costs, reduced net income associated with the 5% post-production Non-Tax State Revenue (PNBP) levy, and VMS installation costs. The study concludes that PIT implementation remains ineffective and requires stronger economic protection, infrastructure, and administrative simplification.
Strategi Diplomasi Event Eksklusif dan Persaingan Soft Power di Asia Tenggara: Analisis Kritis Atas Negosiasi Konser Taylor Swift Singapura 2024 Aini Safitri; Anna Yulia Hartati
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/yjh68g54

Abstract

This study examines Singapore’s public diplomacy strategy in securing exclusive hosting rights for Taylor Swift’s The Eras Tour in Southeast Asia in March 2024 and its implications for soft power competition and ASEAN regional relations. Using a qualitative design combining Qualitative Document Analysis (QDA) and process tracing, the study analyzes government documents, institutional statements, tourism data, economic reports, and relevant scholarly literature. The findings indicate that Singapore integrated state financial support through the Tourism Development Fund (TDF), institutional coordination involving the Ministry of Culture, Community and Youth (MCCY), Kallang Alive Sport Management (KASM), and Singapore Tourism Board (STB), and world-class infrastructure to transform a commercial music event into an instrument of economic diplomacy and nation branding. The event generated substantial tourism and economic benefits while strengthening Singapore’s international image as a global entertainment hub. However, the exclusivity arrangement also generated diplomatic tensions with Thailand and the Philippines, revealing a paradox between national interests and ASEAN solidarity. The study conceptualizes this strategy as “mercantilist soft power,” demonstrating that event diplomacy can simultaneously enhance national attraction and intensify regional competition.
Kepastian Hukum dalam Penyelesaian Sengketa Tanah Akibat Tumpang Tindih Sertifikat Hak Atas Tanah Studi Putusan (Nomor : 237/Pdt.G/2024/PN Smg Jo. Nomor 224/PDT/2025/PT SMG Jo. Nomor 5189 K/PDT/2025) Della Safitri Febriani; Umar Ma’ruf
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/8r7cwt38

Abstract

Overlapping land title certificates are one of the land-related issues that create legal uncertainty and cause losses for rights holders. This study aims to analyze the legal considerations of the Panel of Judges in resolving disputes involving overlapping Certificates of Ownership (SHM) and Certificates of Right to Build (SHGB) based on Judgment No. 237/Pdt.G/2024/PN Smg Jo. No. 224/PDT/2025/PT SMG in conjunction with No. 5189 K/PDT/2025, as well as to analyze the legal liability of the parties and the Semarang City Land Office. This study employs a normative legal approach with a descriptive-analytical focus. Data consisting of primary, secondary, and tertiary legal sources were collected through literature and document reviews and analyzed qualitatively. The results indicate that the Panel of Judges provided legal certainty by prioritizing the certificate issued first, based on valid evidence, history of possession, and legal provisions. Legal liability is imposed on parties who possess the land without legal title, as well as on the Semarang City Land Office, through the cancellation and correction of certificates to ensure legal certainty and protection.  
Kepastian Hukum Penarikan Kembali Hibah Tanah Melalui Gugatan di Pengadilan Danella Dewiyah Pramesti; Putra Hutomo; Taqiyuddin Taqiyuddin
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/zbenvw02

Abstract

Land grants constitute a form of transfer of land rights made gratuitously by a grantor to a grantee during the grantor’s lifetime. In principle, a validly executed grant cannot be revoked, except on specific grounds provided by law. This study aims to analyze the legal consequences and legal certainty arising from the revocation of land grants by grantors. This research employs a normative juridical method based on secondary legal materials, comprising primary, secondary, and tertiary legal sources. The approaches used include statutory, conceptual, case, and analytical approaches. Legal materials were collected through library research and analyzed qualitatively using legal interpretation. The theoretical framework consists of R. Soeroso’s Theory of Legal Consequences and Gustav Radbruch’s Theory of Legal Certainty. The findings indicate that, pursuant to Article 1666 of the Indonesian Civil Code, a land grant generally cannot be revoked. However, Article 1688 provides limited exceptions based on legally prescribed grounds. Where a grant has been executed through a PPAT deed and registered, resulting in the land certificate being transferred to the grantee, the grantor may not revoke it unilaterally but must seek judicial cancellation. Any cancellation must be based on a court judgment and implemented in accordance with its ruling through legally recognized procedures.  
Kepastian Hukum Akta Pemberian Hak Tanggungan yang Tidak Ditandatangani Mantan Pasangan Sebagai Harta Bersama Syifa Azzahra; Putra Hutomo; Taqiyuddin Taqiyuddin
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/ysjg4v71

Abstract

Mortgage Rights constitute a security right over land that grants creditors preferential status and executorial power. Legal problems arise when a Deed of Granting Mortgage Rights is executed over marital property without the consent or signature of a former spouse who still holds rights over the property. This study aims to analyze the legal consequences and legal certainty of such deeds. It employs normative juridical research using statutory, case, conceptual, and analytical approaches. The findings show that a deed concerning marital property made without the consent of the entitled party may contain substantive defects and may be declared invalid or void by a court. Consequently, the Mortgage Right may lose its binding force, preferential right, and executorial power, while the underlying credit agreement remains valid insofar as it satisfies the requirements of a lawful contract. Legal certainty therefore requires harmonization of marriage law, security law, and contract law, together with strict prudential verification by banks and Land Deed Officials regarding marital status, ownership, property division, and consent before deed execution.
Perlindungan Hukum terhadap Pemilik Materiil dalam Sertipikat Hak Milik Atas Tanah Terkait Pinjam Nama (Nominee) Febranisa Erin; Iran Sahril; Putra Hutomo
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/6n6cps23

Abstract

Land ownership in Indonesia requires legal certainty through a Certificate of Ownership, while the practice of using a nominee where an Indonesian citizen acts as a front for a foreign national gives rise to disputes. This study examines the legal consequences for the party listed on the certificate as well as the legal protection afforded to the beneficial owner, drawing on the Theory of Subjective Contracts and Sudikno Mertokusumo’s Theory of Legal Protection. The research method employs a normative legal approach using legislative, case law, analytical, and conceptual approaches, as well as primary, secondary, and tertiary legal sources. Analysis is conducted through grammatical, systematic, and analogical interpretation. The results of the study indicate that nominee agreements are null and void as a matter of law because they conflict with the Land Law (UUPA), while Indonesian citizens whose names are listed on the certificate remain recognized as the lawful owners based on SEMA No. 10 of 2020. Protection for foreign nationals is limited to civil interests, while land possession should be based on the Right of Use pursuant to Article 42 of the Land Law (UUPA).
Dwi-Kewenangan Penegakan Hukum: Evaluasi Kritis Mekanisme Peradilan Koneksitas pada Tindak Pidana Umum di Indonesia Dio Aljabal Aprido; Sahat Maruli Tua Situmeang
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/apfvne57

Abstract

The connectivity court mechanism integrates General Courts and Military Courts when an offense is jointly committed by persons subject to different jurisdictions. This study critically evaluates connectivity proceedings in general offenses, focusing on dual jurisdiction, coordination, forum determination, and implications for legal certainty and justice. The study employs doctrinal legal research using statutory, conceptual, and comparative approaches to examine legislation, legal doctrines, and previous studies. Materials are analyzed qualitatively through grammatical, systematic, historical, and teleological interpretation, supported by vertical and horizontal harmonization. The findings indicate that the 2025 Criminal Procedure Code strengthens coordination through joint investigation and prosecution, yet jurisdictional conflicts remain among the Indonesian National Police, Military Police, Public Prosecutors, Military Prosecutors, the Deputy Attorney General for Military Crimes, and PAPERA. Institutional structures and jurisdictional interests may impede integration. The study recommends stronger coordination, objective forum-selection criteria, and clearer limits on institutional discretion to establish connectivity proceedings as an integrated jurisdictional model safeguarding legal certainty, independence, accountability, and justice.

Page 14 of 15 | Total Record : 141

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