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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 213 Documents
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Reconstructing Indonesia's Agricultural Intellectual Property Rights Regime for Justice and Sustainability Nina Nurani; Apriwandi; Hafied Noor Bagja
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.54489

Abstract

Indonesia's agricultural intellectual property rights (IPR) regime plays a strategic role in promoting agricultural innovation and economic development; however, concerns remain regarding the unequal distribution of legal protection, opportunities, and benefits between plant breeders and farmers. This study examines the construction of Indonesia's agricultural IPR regime, identifies its distributive justice issues, and reconstructs the regime using John Rawls's theory of justice as fairness and the Agricultural Innovation System (AIS) approach. The study employs normative legal research with legal, conceptual, philosophical, comparative, and interpretive approaches. The findings indicate that the current regime provides strong protection for breeders' rights through exclusive rights, licensing, certification, and enforcement mechanisms. In contrast, farmers' rights remain limited and largely positioned as exceptions rather than independent rights. The study further finds structural inequalities in access to legal protection, corporate dominance in innovation governance, weak benefit-sharing mechanisms, and limited recognition of community-based innovation. Consequently, the regime supports innovation incentives, investment, and seed industry development, but has not fully achieved distributive justice, inclusive economic development, or sustainable agricultural development. This study is limited by its normative scope and does not empirically assess the socioeconomic impacts of the regime. The findings suggest the need for legal reforms that strengthen farmers' rights, expand inclusive access mechanisms, institutionalise equitable benefit sharing, and integrate AIS-based governance. The study's originality lies in integrating Rawlsian distributive justice with AIS to formulate a model for reconstructing agricultural IPR that balances innovation protection, social justice, and sustainability.
Reconstruction of the Legislative Recruitment Paradigm Based on Integrative Legitimacy and Competence Model (ILCM) in Indonesia Siti Hasanah; Elham Ghaffarian; Rossi Maunofa Widayat; Sri Rejeki; Firzhal Arzhi Jiwantara
LITIGASI Vol. 27 No. 2 (2026)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v27i2.56648

Abstract

Legislators perform three main functions: legislation, budgeting, and oversight. Of these, the legislative function is the most strategic because it produces the laws that govern the state, yet it remains problematic, as the many laws challenged before the Constitutional Court show. This study examined, normatively, the relationship between the legislative recruitment paradigm and the constitutionality of legislative products in Indonesia, rather than the empirical effects of recruitment. It addressed two questions: (1) what the paradigm and legal politics of legislative recruitment in Indonesia are and where their normative gaps lie, and (2) how this recruitment paradigm can be reconstructed to reconcile legislative authority with electoral legitimacy. This normative legal research used statutory, historical, and conceptual approaches, supported by a prescriptive analysis of secondary data on Constitutional Court judicial review cases. The results show that none of Indonesia’s election and political party laws requires legislative competence standards; these laws merely impose administrative requirements on prospective candidates. This condition correlates with the quality of legislative products. Between 2003 and 2025, the Constitutional Court registered 1,293 judicial review applications, of which 548 were granted. The approval ratio for Reform Era laws (44.5%) was higher than that for New Order (31.6%) and Old Order (32.6%) laws. Based on these findings, this study proposes the Integrative Legislative Recruitment Model Based on Legitimacy and Competence (ILCM) as a normative concept. The article contributes a normative reconstruction of legislative recruitment.
Reconstructing Personal Data Protection in Indonesia's Digital Transportation Sector: Liability, Contractual Justice, and Cybersecurity Siti Mariyam; Ceprudin; Hillan Syamsudhuha Ahmad el Hariz; Georges Olemanu Lohalo
LITIGASI Vol. 27 No. 2 (2026)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v27i2.63990

Abstract

Indonesia's digital transportation sector faces a tension between mobility efficiency and the vulnerability of users' personal data, as application providers characterise themselves as technology platforms while standard electronic contracts may allocate the risk of data breaches to consumers and driver-partners. This study examines how Minister of Transportation Regulation Number 118 of 2018 and Law Number 27 of 2022 concerning Personal Data Protection should be synchronised in determining the responsibility of application providers, to what extent exoneration clauses are compatible with contractual justice and data protection law, and what regulatory architecture should integrate cybersecurity into digital transportation governance. Using normative legal research with statutory and conceptual approaches, the study analyses legislation, literature, and the standard terms and privacy policies of dominant application providers through operational indicators of legal certainty and of commutative, distributive, and procedural justice. The findings demonstrate that regulatory synchronisation strengthens the normative basis for enhanced liability of application providers for personal data breaches, including a reversed burden of proof in consumer claims, and supports a stricter liability regime for high-risk processing as a proposal for future legislation. Exoneration clauses that transfer the provider's liability are void by operation of law without invalidating the whole contract, while personal data may constitute additional economic consideration where their processing exceeds what the transport service requires. The study proposes an Integrated Digital Transportation Data Governance Framework built on regulatory integration, platform accountability, contractual justice, and risk-based cybersecurity governance, including tiered certification, impact assessments, and coordinated supervision.

Page 22 of 22 | Total Record : 213

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