Abstract:The rapid proliferation of digital markets has intensified legal challenges surrounding the modification and resale of Creative Commons–licensed digital products in Indonesia. This study conducts a doctrinal analysis of…
f the Indonesian Copyright ActLaw No. 28 of 2014) in light of comparative jurisprudence from Japan, Taiwan, and the United States, elucidating how civil-law and common-law systems treat CC licenses. It examines recurring issues ambiguities in “derivative works,” conflicts between non-commercial and commercial exploitation clauses, and failures to observe attribution requirements through practical case studies of software, e-books, music, and video tutorials. Drawing on Satjipto Rahardjo’s progressive legal theory, the research argues for a functional, transformative approach that aligns domestic copyright doctrine with globally harmonized open-licensing principles and substantive justice. The analysis reveals that, under Indonesian law, permissibility hinges on strict adherence to each license’s specific terms; however, current regulations lack clarity, generating legal uncertainty for both creators and users. To address these gaps, the study proposes interpretative guidelines and legislative reforms that (1) define “derivative works” in accord with CC International’s porting model, (2) reconcile non-commercial provisions with legitimate digital markets, and (3) institutionalize attribution standards. Such measures would safeguard creators’ moral and economic rights while fostering equitable digital access and innovation, thereby enhancing Indonesia’s knowledge economy.
Abstract:The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on…
Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.
Abstract:This study examines how online media frames student demonstrations and how student voices are disarticulated in the news, especially in relation to the state's legitimacy strategy. The study period covers 2022 to 2024, when…
hen the intensity of the student movement increased in response to various public policy issues. The main purpose of this research is to uncover the practice of digital mainstream media representation of student actions and dissect the ideological power relations between state actors and civil society groups in the realm of media discourse. The approach used is Norman Fairclough's three-dimensional model of Critical Discourse Analysis (AWK), which includes analysis at three levels: textual structure (lexical and syntactic), discourse practice (the process of production and consumption of texts), and social practice (ideological and institutional context). Five news articles from Kompas.com were analyzed in depth as the main sample. The results of the study show that online media tends to frame student actions through dictionaries that reduce the meaning of their struggle, such as "chaos," "secured," and "not conducive," while prioritizing quotes from state officials or security forces. This disarticulation plays a role in strengthening the state's authority in shaping public opinion and shows the tendency of the media as a hegemonic agent. These findings emphasize the urgency of ideological awareness-based media literacy so that people are able to criticize and not passively accept media discourse.
Abstract:Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims…
to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.
Abstract:The present article examines the influence of the thought of KH. Abdurrahman Wahid (Gus Dur) on the formation of postcolonial discourse in the context of Islam Nusantara. In the postcolonial context, the Islamic construction…
tion of the Archipelago is inextricably linked to colonial epistemological legacies and the hegemony of external cultures, particularly Arabic. Gus Dur’s thought process can be understood as a deconstructive effort against the dichotomy between “pure” and “local” Islam that was created by colonial powers and puritan movements. It is evident that Gus Dur’s rejection of the uniformity of Arab culture as the sole representation of Islam was underpinned by a sharp critique of arabisation. As an alternative, he proffered the concept of Islamic pribumisation, defined as the adjustment of Islamic expression to local cultural values without sacrificing the substance of the teachings. Furthermore, Gus Dur placed significant emphasis on the necessity of contextualising Islamic teachings, emphasising the importance of re-evaluating Islamic values in accordance with the prevailing social and cultural dynamics of Indonesian society. It is asserted that an approach of this nature will engender the concepts of pluralism and tolerance, which will in turn serve as the primary foundations upon which religious life is to be constructed. The present study employs a qualitative approach, utilising critical discourse analysis of Gus Dur’s ideas and relevant supporting literature. The findings demonstrate that Gus Dur’s thought plays a significant role in formulating the paradigm of Islam Nusantara. This paradigm is characterised by its responsiveness to local realities, its transcendence of religious formalism, and its rehabilitation of cultural dignity as an integral part of Islamic expression. Consequently, the thought of Gus Dur constitutes a significant contribution to the development of a plural, humanist and contextual Islamic civilisation.
Abstract:In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreement made legally will bind the parties as…
binding as the law and become law for them. The agreed agreement will give birth to obligations that must be carried out by the parties, if not carried out, there will be default due to breach of the agreed agreement. As happened between Baniyamin as the buyer and the late Muhammad Husen as the seller in the binding of the shophouse sale and purchase agreement, there was a default due to the seller not delivering the object of sale and purchase, the buyer had fully paid the price of the shophouse but did not get his rights so that the buyer was disadvantaged in the sale and purchase agreement. The results showed that the buyer made several efforts to obtain his compensation rights for defaults made by the heirs starting from family settlements, giving warning letters twice but there was still no response, and filing a default lawsuit to the Court. The heirs' responsibility for the testator's debt initially planned to pay Rp. 50,000,000. This amount is insufficient from the total loss suffered by the buyer, so that at the time of mediation in the Court the buyer gave the option to the heirs to be able to make payments in stages with a minimum of paying half of the total loss suffered, but the heirs were not able to do so.
Abstract:The distribution of professions in Padang City reflects the relationship between geographical factors and the socio-economic needs of the community. This research aims to analyse the distribution pattern of professions,…
such as the State Civil Apparatus (ASN), advocates, and the press in Padang City in the aspect of social geography studies. The methods used in this research are observation and literature study. Observations were conducted to identify the location of government offices, law firms, and press offices, while literature studies used secondary data from the Central Statistics Agency (BPS) report and thematic maps. The results show that the civil servant profession is concentrated in the centre of government to support the efficiency of public services, particularly in West Padang and East Padang. Advocate firms are located around economic centres and courts, which facilitate access for people who need legal services. Meanwhile, the press profession is concentrated in the city centre to support fast and efficient information distribution. The distribution of these professions is influenced by accessibility, population concentration, and the socio-economic needs of the community. The findings provide an overview of how geographical factors play an important role in the distribution of professions in Padang City. It is hoped that this research can serve as a reference for more strategic development planning and human resource management in the future.
Abstract:Islamic boarding school Dalam Pagar Kandangan, Hulu Sungai Selatan Regency which is in the management of developing the character of Islamic boarding school students in the context of discipline, love of the homeland, and…
d caring for the environment, then in detail consistent and sustainable, the world of Islamic boarding schools accompanied by these principles can strengthen the unity and one unity that can become reflection And benchmark so that more prosperous and reach civilization Which brilliant. The aim of this study ; (1) Analyze practice and the management processes carried out in coaching character discipline at the Lodge Boarding school Dalam Pagar Kandangan. (2) Identify various efforts that have been made in coaching character Love homeland. (3) Study the challenges faced in management coaching character care environment, (4) Proposing possible strategies applied For overcoming challenges in management coaching characters in the cottage boarding school. The research method used in the research is descriptive qualitative. This research was conducted at Pondok Boarding school Dalam Pagar Kandangan with primary data sources ; Caregivers, Management, Students and secondary data sources ; in the research, namely lodge profile data and lodge history. As for The data collection used by the author is observation, interviews and documentation. Data analysis in qualitative research. Results study This that is ; (1) Management of character development for students with: a) Planning that is affiliated with the understanding of Ahlu Sunnah Wal Jama'ah An Nahdliyah, education is directed at the realm of Tariqah knowledge, religious knowledge, general knowledge and skills. b ) Organizing through optimizing the role of the organizational structure, empowering Madrasah Ibtidayah. c ) Implementation through daily activities of students. d) Control is carried out through evaluation meetings, student regulations or rules of conduct, reorganization of the boarding school management, positive motivation and direction to the students. (2) The efforts made by Islamic boarding schools are collective, creative and innovative, grow love character land water. (3) These challenges include; challenges in implementation, challenges in policy and curriculum, educational personnel challenges and environmental and information technology challenges. (a) environmentally sound policies. (b) implementation of good environmental management, (c) exists development of environmentally friendly facilities and infrastructure in Islamic boarding schools. (d) there are character values that care about the environment. (4) The strategies that can be implemented are: the learning process, the formation of Islamic boarding school culture, co-curricular activities and extra-curricular activities.
Abstract:The 2024 Indonesian General Election presents significant challenges, including disinformation, cyber threats, and social polarization, which pose risks to democratic stability. This study aims to analyze security communication…
ication in democratic campaigns, focusing on risk mitigation strategies, the role of social media, and cross-sector collaboration. A literature review method was employed, with qualitative descriptive analysis of relevant materials, including journal articles, official reports, and books. Findings reveal that security communication strategies involving early threat detection, the strategic use of social media for credible messaging, and collaboration among governments, media, and civil society effectively enhance public trust. However, challenges such as low digital literacy and information access disparities persist. The integration of big data technology for public conversation analysis offers significant potential for early threat detection and improved communication strategy effectiveness. In conclusion, effective security communication requires inclusive, collaborative, and technology-based approaches to ensure stability and transparency in democratic processes.
Keywords: big data, digital literacy, democratic stability, election 2024, security communication
Abstract:Using a descriptive qualitative approach, this study aims to describe the development of science in the Classical Islamic world during the Abbasid Dynasty (750–1258 AD). Literature studies, interviews with Islamic historians,…
orians, and observations at historical sites are the methods used. The results of the study show that science made rapid progress during the Abbasid era, especially in mathematics, medicine, astronomy, and chemistry. Translating and disseminating information from Greek, Persian, and Indian civilizations was greatly assisted by centers of knowledge such as Bayt al-Hikma (House of Wisdom) in Baghdad. Famous scientists such as Al-Khwarizmi, Ibn Sina, and Al-Razi made major contributions through their highly influential works, which were then widely disseminated in the West. In addition, this study found that the socio-political conditions and support from the Abbasid caliphs.