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NOVZEL RIDHO ABEDNEGO HASUGIAN
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INDONESIA
Jurnal Ilmiah Kebijakan Hukum
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 19782292     EISSN : 25797425     DOI : https://doi.org/10.30641/kebijakan.2026.V20.2
Core Subject :
Focus and Scope The focus of this journal is legal policy (in Indonesia) which can be derived from the results of research, studies and legal reviews. The scope of this journal includes but is not limited to: Correctional policy; Immigration policy; Legislative policies; Intellectual property policy: copyrights, industrial designs, patents, layout designs of integrated circuits, trade secrets, marks and geographical indications; General law administration policies: civil (legal entity, fiduciary, inheritance, state curator, and notary); crime (criminal law services and pardons, civil servant investigators, and dactyloscopy); state administration (citizenship and political parties); central authorities and international law (mutual assistance in criminal matters, extradition, transfer of trains, and international law); Policies for fostering national law: legal planning, legal counselling, and legal aid; Policies on administration, supervision and development of human resources in the field of law.
Arjuna Subject : -
Articles 253 Documents
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Tata Kelola Kebijakan Sistem Kerja Pegawai di Lingkungan Kementerian Hukum dan HAM dalam Kerangka Penyederhanaan Birokrasi Nizar Apriansyah; Maharini Maharini
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 3 (2024): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.255-272

Abstract

The bureaucracy in Indonesia still faces serious challenges, such as inefficiency, corruption, collusion, nepotism, and public dissatisfaction with government services. To establish a clean, accountable, and professional government, the Indonesian government has undertaken various bureaucratic simplification efforts in line with the mandate of Presidential Regulation No. 18 of 2020. These measures include transitioning administrative officials to functional roles, restructuring work systems to enhance performance, and promoting a more collaborative and dynamic digital governance model. This study employs a qualitative approach with descriptive analysis to evaluate the implementation of bureaucratic simplification, focusing on the work system policy for employees within the Ministry of Law and Human Rights. Data was collected through interviews with officials from various work units and literature reviews from scientific sources and relevant regulations. The discussion centers on the application of organizational restructuring, position equalization, and work system adjustments within the Ministry. Although these efforts have been successful at the central level, challenges remain at the regional level. The results indicate that while significant progress has been made, further evaluation and adjustments are necessary, particularly regarding employee work system policies at the Regional Office and Technical Implementation Unit levels. Full support from all employees and stakeholders is essential to achieve a more efficient and responsive bureaucracy.
Interpolasi Perlindungan Hak Cipta Berbasis Hak Moral dan Ekonomi Melalui Lisensi di Media Sosial Aditya Prastian Supriyadi
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 3 (2024): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.273-290

Abstract

The Constitutional Court's Decision Number 84/PUU-XXI/2023 against Law No. 28 of 2014 emphasizes that Social Media platforms based on User Generated Content are prohibited from being apathetic to copyright infringement on their platforms. However, the Constitutional Court's decision still leaves a legal void in efforts to crack down on social media copyright infringement that is relevant to the copyright protection paradigm. This legal vacuum can cause social media only to act repressively and contradict the copyright protection paradigm, which should include moral and economic aspects to fulfill creators' rights. The article's purpose is to analyze the strengthening of copyright licensing policies. The normative law research method is used as a medium for analyzing issues. The writing approach in this article uses conceptual,  comparative, and statute approaches. The study results show that there needs to be a legal construction as the basis for platform licensing policies that are useful for creating proportional interpolation of copyright protection on social media. The platform's active participation greatly protects creators' natural rights from the threat of piracy. According to Personality Theory, creators have moral rights that must be protected to obtain channels of economic rights that can be fulfilled. Implementing this policy is expected to create a more responsible digital ecosystem, provide legal certainty for copyright owners, and ensure fair rewards for their creativity.
Manajemen Perbatasan Maritim: Strategi Pengawasan dan Pemeriksaaan Keimigrasian di Perairan Indonesia Ridwan Arifin; Eva Achjani Zulfa; Margaretha Hanita; Arthur Josias Simon Runturambi
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 3 (2024): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.291-316

Abstract

Maritime immigration control and inspection at Indonesia's sea borders encounter significant difficulties due to poor coordination and collaboration among border authorities. This study explores the implementation of maritime immigration regulations in Indonesia, highlighting their lack of alignment with international standards, particularly in terms of border immigration management and inter-agency cooperation. The research aims to assess the existing legal framework and procedures for immigration control and inspection at Indonesia's maritime borders. The methodology applies both internal and external policy evaluations, conducted through an analysis of national regulations and interviews with relevant agencies. The findings show discrepancies between national regulations and international standards, along with weak border immigration management and inadequate coordination, leading to inefficiencies in maritime border control and inspection. This study contributes to providing a framework for maritime border management, the aspects of control and inspection at Indonesia's maritime borders, and redefining the phases of immigration control and inspection in these areas.
Penggunaan Law Analyzer dalam Pengharmonisasian Rancangan Peraturan Perundang-Undangan : Senjakala Jabatan Fungsional Perancang Peraturan Perundang-Undangan Eka N.A.M. Sihombing; Cynthia Hadita; Muhammad Aufa Abdillah Sihombing
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 3 (2024): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.207-220

Abstract

The existence of artificial intelligence technology (artificial intelligence) has brought significant changes in various fields, including laws and regulations, in addition to providing convenience but AI also has the potential to be a threat to the human profession. One of them is the presence of law analyzer, as one of the AI-based innovations, capable of analyzing, harmonizing, and providing recommendations for improvement in draft laws and regulations efficiently and accurately which can affect the role of the drafters of laws and regulations. The research method used is sociological research with qualitative analysis, sociological and comparative approaches. This study aims to explore the impact of the use of law analyzer on the role and function of functional positions of legislative drafters. The results of the study show that although law analyzer can improve the speed and quality of the regulatory harmonization process, its existence also raises concerns about the shift in the role of Legislative Drafters. AI technology has the potential to take over tasks previously performed by humans, so Legislative Drafter are required to upgrade skills so that they are not replaced by the presence of AI.
Optimalisasi Pedoman Evaluasi Peraturan Perundang-Undangan dalam Mengatasi Hiper-Regulasi di Indonesia Sujatmiko Sujatmiko; Willy Wibowo; Muhaimin Muhaimin; Yuliyanto Yuliyanto; Eko Noer Kristiyanto; Ulya Fajri Amriyeny; Dian Nurcahya Nurcahya
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 3 (2024): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.221-236

Abstract

Based on data from the Directorate General of Legislation, as of 2024, Indonesia has a total of 52,676 regulations, which include 1,752 Laws, 217 Government Regulations in Lieu of Laws, 4,899 Government Regulations, 2,380 Presidential Regulations, 18,371 Ministerial Regulations, 5,930 Regulations from Heads of Agencies, and 19,077 Regional Regulations. This extensive regulatory framework indicates a trend of hyper-regulation, overlap, ineffectiveness, and ambiguity. The Ministry of National Development Planning/Bappenas encourages ministries, agencies, and local governments to conduct self-assessments through regulatory analysis and evaluation activities. Following this policy, the National Legal Development Agency/BPHN has been designated as the authority to formulate technical policies for monitoring and reviewing Laws, as well as for the analysis and evaluation of legislation as part of national legal development.This study employs a qualitative approach using Merille S. Grindle's policy implementation model. The findings indicate that the implementation of the guidelines for evaluating legislation (Decision of the Head of the National Legal Development Agency No. PHN-HN.01.03-07 of 2019) has been ineffective. Ministries, agencies, and local governments have not utilized these evaluation guidelines in their regulatory analysis and evaluation activities as outlined in the aforementioned decision. Therefore, a policy recommendation for the National Legal Development Agency is to elevate the legal status of the guidelines for regulatory analysis and evaluation from a Head of Agency Decision to a Regulation of the Minister of Law and Human Rights.
Model Pengaturan Pembagian Harta Bersama pada Proses Perceraian yang Bersumber dari Royalti Hak Cipta Kirana Apsari; Ni Ketut Supasti Dharmawan
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 1 (2025): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.1-16

Abstract

Songs and music created by musicians have economic value that can support their households, as does the royalty income generated from copyright. During marriage, conflicts and disputes often arise, sometimes leading to divorce. In divorce proceedings, copyright royalties are not exempt from claims made by either the husband or wife. This study aims to elaborate on the status of royalties earned from copyright as part of marital property in the context of divorce, examine how these royalties are divided as joint assets, and provide legal certainty regarding royalty distribution. The research employs a normative legal method with a statutory approach, a conceptual approach, and a legal analysis approach. The findings indicate that royalties can be considered joint property. In the event of a divorce, they may be divided equally between the spouses, or the court may determine a different percentage based on the judge’s considerations of fairness. For instance, in Decision No. 1622/Pdt.G/2023/PA.JB, the court ruled that half (½) of 50% of the net income should be allocated to the former spouse. Additionally, the division of royalties can be based on a prenuptial agreement between the spouses. Therefore, LMKN plays a crucial role in preventing disputes over royalty amounts by implementing Article 14, paragraph (2) of Government Regulation No. 56/2021, ensuring clear royalty distribution based on reported data on song and/or music usage.
Urgensi Pendaftaran Warisan Budaya Indonesia Secara Internasional dan 2 Usulan Strategi Kebijakan Taufik H. Simatupang; Asmak Ul Hosnah; Djamilus Djamilus; Ahmad Sanusi
Jurnal Ilmiah Kebijakan Hukum Vol 18 No 3 (2024): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2024.V18.191-206

Abstract

Indonesia already has many cultural heritages that are registered nationally, but only a few have been registered and received world recognition. This research aims to determine the level of cultural heritage registration that has been carried out and provide suggestions and recommendations for accelerating the registration in question. This study uses a normative legal research method using secondary data through literature studies. Data is obtained from national and international websites, data is analyzed and interpreted using relevant legal theories, conclusions are based on deductive thinking logic. The results of the research show that cultural heritage registrations that have been carried out from 1991 - 2023 are 10 registrations, each year only 0.31 registrations are recorded, meaning less than 1 registration per year. For intangible cultural heritage registrations that have been carried out from 2008 - 2023, there are 13 registrations, each year only 0.87 registrations are recorded, meaning less than 1 registration per year. This registration level is very small when compared with the number of communal intellectual properties recorded until 2024, namely 10,533 communal intellectual properties. To gain world recognition for Indonesia's cultural heritage, a more progressive legal policy strategy is needed, namely sui generis legal strengthening in the field of communal intellectual property and a management policy strategy for more massive involvement, from all regional and central stakeholders, to be equally involved actively and encourage of registration of Indonesian cultural heritage in international institutions.
The Idea of Trademark Rights Valuation as Collaterals: A Financing Solution for Creative Economy Actors Sri Handayani; Joni Emirzon; Annalisa Yahanan
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 1 (2025): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.17-32

Abstract

The renewal of intellectual property-based financing schemes represents a groundbreaking solution to help creative economy actors secure loans using their creative assets. This breakthrough has the potential to foster creativity and improve the welfare of these actors. However, the implementation of trademark rights, especially as collateral, is still hampered by the valuation of the trademark rights themselves, what are the challenges of binding trademark rights as collateral and the idea of trademark rights valuation as a financing solution for creative economy actors. The research method used is normative juridical supported by empirical data with a statutory approach, analytical approach, conceptual approach and comparative approach as well as primary, secondary and tertiary legal materials which are analyzed descriptively qualitatively.The research results show, challenges such as difficulties in determining the value of trademark rights, high fluctuations in their value, rampant piracy, and general business risks have led to intellectual property- based businesses being viewed as high-risk ventures. The difficulty in valuing trademark rights, along with their volatility, results in low acceptance of intellectual property-based collateral by financial institutions. Despite this, intellectual property development, which translates creative ideas into viable businesses, requires facilities and support, including financing for the transformation of valuable creative economy concepts. Progress can be made by strengthening technical arrangements, standardizing mechanisms for intellectual property-based financing, establishing valuation procedures for securing trademark rights as collateral, creating appraiser institutions, developing secondary markets, and providing incentives and assistance. These steps will accelerate the implementation of trademark- based financing, ultimately enabling creative economy actors to access capital with legal certainty.
Mewujudkan Konsistensi Kebijakan Melalui Pedoman Penyusunan dan Penyelarasan Naskah Akademik Sujatmiko Sujatmiko; Endah Kartina; Oki Wahju Budijanto; Edy Sumarsono; Maryati Maryati; Tony Yuri Rahmanto; Yudhi Chaerudin; Faris Hasan Fauzi
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 1 (2025): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.33-48

Abstract

The preparation and alignment of academic manuscripts is an important process because the results can be the basis for the preparation of policies or laws. However, there are several obstacles in its practice, namely academic texts do not start with legal research or other studies, lack of public participation and neglect of policy initiators to a number of processes in alignment. This paper aims to analyze the urgency of forming and formulating content, guidelines, and procedures for the preparation and alignment of academic manuscripts. This paper uses a qualitative approach through the perspective of policy formulation. The data collection technique was carried out by means of interviews in six provinces, FGDs with relevant stakeholders online and offline, and document studies. The results of the study show that there is a number of urgency in the need to establish guidelines and procedures in the preparation and alignment of academic manuscripts. The content material that can be included in the policy includes definitions or general provisions related to the preparation and alignment of academic manuscripts; limitations on substance or content materials that use academic manuscripts or certificates or explanations; authorities that carry out the process and supervision of the preparation and alignment of academic manuscripts; stages in the preparation and alignment of academic manuscripts; period of time in the process of preparation and alignment academic manuscripts; and the theoretical approach used in the preparation and alignment of academic manuscripts.
The Nexus of FTFs Counterterrorism Strategy, Immigration Control, and Border Security Through Indonesia's Migration Policy Yanos Okterano; Heru Susetyo
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 1 (2025): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.49-68

Abstract

This study employs a single case study to build an initial understanding of a case or an evaluation of a fatal attack by Uzbekistan detainees affiliated with a terrorist group to the immigration office at the North Jakarta Immigration Office. This work aims to design a counterterrorism strategy through migration policy and border control in Indonesia after the COVID-19 pandemic to build the resilience of nations to fight against radicalism and extremism. It finds that an immigration clearance process in border control management to prevent FTFs from entering Indonesia is limited to administrative clearance and a repository system of their documents and biometric data. Counterterrorism at immigration border controls in Indonesia focuses only on a downstream framework or at the stay-reside phase rather than an upstream prevention strategy. We recommend a revision of the Indonesian Immigration Law, which can include an FTFs counterterrorism strategy at immigration border controls. Immigration border control management should always prioritize pre- empting measures with risk management and focus on a pre-arrival interdiction or upstream prevention strategy.

Page 23 of 26 | Total Record : 253

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