Protection In Indonesia Research Articles

The Influence of International Human Rights Instruments on Domestic Legislation: A Comparative Study of Four Countries

The purpose of this study is to give a comparative analysis of how these countries' legal systems, policies, and practices treat and implement international human rights norms. The methodology of this research utilizes a comparative research design, which combines primary and secondary data collection methods. Primary data was collected through semi-structured interviews with key stakeholders involved in human rights legislation, including government officials, legislators, human rights organizations, legal experts, and academics. This research contributes to the existing literature on human rights legislation in Southeast Asia by providing a comprehensive comparative analysis of the influence of international human rights instruments on domestic legislation. Its findings provide insights into the challenges and opportunities in incorporating human rights standards into domestic law and provide recommendations for strengthening human rights protection in Indonesia, Malaysia, Cambodia and Vietnam.

Unraveling The Bottleneck: A Technolegal Approach To Trademark Disputes In The Era Of Technological Disruption

Especially in the era of technological disruption where massive changes occur, or refer to considerable changes in how businesses are run caused by technological advances. These changes are accelerating and impacting all aspects of the business, from how products are designed, manufactured, and marketed to how customer service is provided. All businesses have intellectual property, especially new inventors who have emerged in the era of technological disruption. We may not own a patent for our inventions, but we all own a trademark for our business. Trademarks can be images, logos, or terms used to advertise and represent our products. A trademark is a kind of intellectual property right known as a trademark. Therefore legal protection in Indonesia for Mark must be realized. Because globally, the issue of Intellectual Property Rights (IPR) has received serious attention in terms of economic relations or domestic and international trade. Especially countries that have traded products based on Intellectual Property Rights because Intellectual Property Rights are essential because goods and services as trade products are permanently attached to a specific name or entity that differentiates one product from another. There is a "bottleneck" of intellectual property law against trademarks because there are still many trademark disputes. The same trademark or a trademark that resembles the same class with different owners can be a disaster for companies that cannot compete. A bottleneck in intellectual property law can become various legal issues, including trademark disputes. This will be counter-productive in the era of technological disruption, so it becomes an urgent need to make improvements starting with registering trademarks using technological assistance. This legal phenomenon is studied and analyzed using a technological approach known as technolegal. Technolegal, which etymologically comes from combining the words "technology" and "law." In technolegal studies, technology is used to increase legal effectiveness and efficiency. By combining technology and law, the expected output from technolegal studies is the development of a new and more effective model of legal regulation.

Upaya Perlindungan Hak Kekayaan Intelektual (HKI) terhadap Usaha Mikro Kecil dan Menengah (UMKM)

UMKM are one of the factors driving the country's economy. In this case, there is still a lack of government attention in protecting and prospering the fate of UMKM entrepreneurs. Protection efforts are needed to maintain the existence and originality of each product that has special value and characteristics produced by its creator through thinking called creativity. The problems raised in this journal discuss how efforts or forms of HKI protection in Indonesia for UMKM, especially in the creative industry, how efforts are made to apply HKI to UMKM, and what are the procedures for registering a product or service into HKI as a form of protecting the results of one's creativity towards his creation. The writing of this article uses normative juridical research methods. The research specification uses descriptive analysis. This journal uses qualitative data analysis processing techniques. It is concluded from the results of the study that HKI protection efforts are needed for every form of work produced by UMKM entrepreneurs where the work has a high selling value. The role of the government as a policy maker, especially in controlling the economic sector, is to pay attention both in terms of socialization and assistance to UMKM in obtaining HKI certificates, with the aim that if a violation is committed by someone, they can take legal action, namely penalties.

How to Ensure Consumer Safety for Unbranded Refill Drinking Water Depots?

Drinking water is water that has been processed to meet health standard regulations. However, some water can be consumed directly without several processes if it meets health safety requirements. This research aims to ensure the safety, health, and hygiene of unbranded refilled drinking water by looking at the quality of the drinking water content following SNI (Indonesian National Standard) standards and providing recommendations to the government to protect consumers of unbranded drinking water. This research applied qualitative methods through data collection techniques Focus Group Discussion (FGD), literature studies, and field observations in Semarang and Balikpapan. This study found that some refilled drinking water depots violated applicable safety regulations. However, no legal sanctions were applied for the business actors who violated it, and no regional regulations or Mayer Regulations regulate the unbranded refilled drinking water. Therefore, efforts need to be made to foster actors, educate consumers to be smart in choosing drinking water, and the establishment of implementing regulations from the Regulation of the Minister of Health Number 492 of 2010 in supervising business actors from this research is expected to be an effort to increase consumer protection in Indonesia.

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Geographical indication (“G.I”) is a designation that indicates the unique and original qualities of a product originating from a particular geographical location. The human factor (Indigenous people) plays a big role in the creation of a geographical indication, in addition to environmental and geographical factors. Preserving the intellectual property rights of Indigenous People through G.I will result in a more advantageous impact on their community, especially for those who rely on G.I products for their livelihood. This not only safeguards their cultural identity and dignity but also enables them to benefit from the commercial value of their intellectual property, whether through direct sales or licensing agreement. Indonesia have ratified the International regulation and issued Law No. 20 of 2016 concerning Trademark and Geographical Indications. The purpose of this research is to evaluate and examine the current status of geographical indication protection in Indonesia and assess if it is being implemented in line with the expectations set forth in the relevant legislation based on the supportive data and previous cases. The paper will then illustrate the impact and advantages for Indigenous communities in preserving and registering their geographical indications, using examples of successful geographical indication registrations from around the world. The type of research method is normative while the approaches employed are statutory and conceptual approaches with an analytical and descriptive research design. Based on the research conducted, the legal framework for protecting G.I has been sufficiently established but the government has not fully prioritized based on the data presented and cases documented. This paper will present several recommendations for the government and other relevant stakeholders.

Partisipasi Masyarakat Dalam Penegakan Hukum Terkait Perlindungan Satwa Di Indonesia

Indonesia is one of the most biodiverse countries in the world with a wide variety of animals spread from Sabang to Merauke. The number of animals owned, not a few of these animals become victims of human crimes. The existence of regulations cannot be used as a benchmark. Weak law enforcement indirectly makes people underestimate and do not care about animal welfare in human life. This research aims to find out the right steps so that people are aware of the importance of animal protection and examine the applicable rules regarding the sanctions imposed, as well as cooperation efforts between the government as a supervisor and lawmaker with the community as a participant in animal protection in Indonesia. This research uses a normative legal research method using a statutory approach, so that by using this method, researchers can describe the data as a whole and clearly in accordance with field conditions. The results show that there are still a lot of cruel behaviors committed by humans against animals, even to the point of threatening the animal population. The obstacle in handling cases is the low level of public awareness which impacts on the lack of participation in animal protection. The lack of participation is caused by the lack of education to the community, and the regulations applied do not have sanctions that have a deterrent effect on the perpetrators. Therefore, efforts are needed in the form of continuous socialization to the community and the involvement of all parties, both government and society, in dealing with the problem thoroughly and firmly on cases that occur in accordance with applicable regulations and provide a deterrent effect to animal criminals

The Government’s Role in Interfaith Marriage Rights Protection: A Case Study of Adjustment and Social Integration

The research aims to determine the government's role in interfaith marriage rights protection in Indonesia and Malaysia. This research belongs to normative research that examines the role of government in the religious difference in marriage in Indonesia and Malaysia. This research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. The techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. The results indicated that interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two persons of the same religion. While this is going on, interesting cases frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. The Indonesian government's role in intermarriage rights protection is manifested in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Religious conflicts that occur in Malaysia cannot be avoided. It may become a ticking time bomb or a flesh-piercing thorn

The Criminal Action of Rape Against Child According to Indonesian Law Number 35 of 2014

Currently the Indonesian people are actively working on fixing very important issues regarding Human Rights (HAM) in all aspects of life, especially child protection in Indonesia. The criminal act of rape against a child is one of the most important legal issues to be studied. Protection can be given in the form of granting the right to protect children in various ways, one of which is by formulating and implementing Law Number 35 of 2014 as a substitute for Law Number 23 of 2002 concerning Child Protection. Some of these problems are as follows: 1) What is the legal arrangement for the crime of rape against children? 2) How is the application of the law against the perpetrators of child rape? 3) What are the efforts to deal with the criminal act of rape against children? In writing this thesis, the author uses a normative juridical approach, meaning that the existing problems are studied based on the applicable laws and regulations and literature related to these problems and to find answers to these problems. Conclusion: 1) The legal arrangements for the crime of rape against minors have been accommodated in Law Number 35 of 2014 concerning Child Protection, which was previously regulated in Law Number 23 of 2002. 2) The perpetrators of the crime of rape against children are subject to imprisonment and fines, 3) Efforts that can be made to provide legal protection for victims of rape: rehabilitation efforts, efforts to protect identity from reporting through the mass media and avoiding labeling, providing guarantees for the safety of witnesses and expert witnesses, both physically and mentally, as well as social. Suggestions: 1) We recommend that efforts to protect children be prioritized and continue to be pursued in order to avoid the crime of rape. 2) The government must provide facilities and infrastructure for the recovery of child victims of rape, so that victims can continue their lives in the future. Society must participate in supporting child victims of rape violence to get legal protection, so that the Indonesian nation becomes a country that succeeds in creating a prosperous society based on humanity.

Legal Protection for Music Copyright: Comparative Study between Indonesia and Malaysia

Music copyrights are not only considered as commodities but also considered as private property which must be recognized and protected by the state. In Indonesia, legal protection for copyright holders and creators is conducted through the National Collective Management Organization, while in Malaysia those issues are handled by Music Rights Malaysia Berhad. The purpose of this research using a comparative legal concept approach is to provide information about music copyright protection in Indonesia and Malaysia regarding legal issues regarding the position of the music copyright protection agency as well as prosecution and legal remedies for copyright infringements within the country and across countries. This study used normative juridical legal research. The results of study show that National Collective Management Institute (NCMI) and Music Rights Malaysia Berhad (MRM) have the same characteristics, namely as independent institutions and have attributive authority to take legal action against Music copyright violations. Furthermore, MRM has a narrower range of royalty collection than NCMI. In addition, MRM has no obligation to mediate if the case is a civil case. Besides, legal efforts that can be carried out by NCMI and MRM can be through the realm of criminal or casuistry litigation or arbitration.

URGENSI PERLINDUNGAN HUKUM TERHADAP ANAK DI KABUPATEN ACEH BARAT DAYA

This study aims to analyze and examine the urgency of legal protection for children in Aceh Barat Daya district. Violence against children, sexual abuse of children, trafficking of children to be exploited as commercial sex workers, neglect of children, and killing of children are still common. This can prove that child protection in Indonesia is still very weak so that it must receive special attention from both the state, government, local government, parents, families and the community around the child. The large number of criminal cases against children in Aceh Barat Daya district indicates that the application of legal protection for children is still very weak, thus legal protection for children in Aceh Barat Daya district is an urgent matter. The method used in analyzing and reviewing is research on normative juridical law, namely research whose object is normative law in the form of legal principles and the legal system, in which this research describes the urgency of legal protection for children in Aceh Barat Daya district. The number of cases of criminal acts against children that occurred in Southwest Aceh district adds to the black list of poor legal protection for children in Indonesia. Therefore the protection of children in Aceh Barat Daya district is an urgent matter.

The Role of Institutionalization Police Support in Emergency Situation: Evidence from Indonesia

Role of Police Supporting Institutions in an Emergency in Indonesia. Regulations related to police duties and the condition of medical personnel are actually at the forefront of emergencies and pandemic disasters, but in Indonesia the police also called the front guard in efforts to prevent the emergency spread of Covid-19. It can be seen if there is gaps in the implementation of police duties during an emergency. This study aims to find out the existence of police as the institution that having mandate to manage and handle emergencies situation such as pandemic of COVID-19. This study used doctrinal legal research as one of the legal research methods. The findings show that management of health protection in Indonesia particularly in pandemic situation had not maximal. As can be seen there are several barriers to Indonesian Police in handling the emergency situations. Firstly, the internal problem in the institution, then it needs a revitalization. Secondly, the lack of adequate funding for the police’s performance. Thirdly, as well as the external cause is the lack of publick awareness or the culture of society to be able to cooperate with the police in preventing the spread of COVID-19 in Indonesia

Artificial Intelligence and Intellectual Property Protection in Indonesia and Japan

This research aims to show the impact of artificial intelligence (AI) on fillings patent protection through patent rights. This research is normative legal research using a comparative legal approach in the Japanese AI protection system. The results indicate that the regulation of AI protection in intellectual property rights in Indonesia has not been accommodated in the Indonesian national legal system. However, the closest method for its protection can be performed through copyright, but it still has shortcomings, where AI in copyright protection is only considered the same as that of ordinary computer software in general, which should have significant differences. AI protection space in Japan can be accommodated through patents, provided that the AI in question contains elements or categories that can be protected through Japanese patents. AI protection as a patent right, in fact, has a very complicated and varied impact in Indonesia and Japan.

ANALISIS SENTIMEN TWITTER TERHADAP PERLINDUNGAN DATA PRIBADI DENGAN PENDEKATAN MACHINE LEARNING

As technology and information advances, the main defense and security aspects in the protection of personal data become very important. Protection of personal data is a human right that must be protected by the state. Data digitization is a demand and challenge in the advancement of information. Efforts in protecting personal data are basically carried out through legal certainty instruments in the form of regulations that regulate a system in order to realize a strong system in protecting cyber crime. Various regulations already exist in the legal system in Indonesia. Nevertheless, there are still cases of personal data leakage among Indonesians. The purpose of this study is to describe the condition of personal data protection in Indonesia and analyze cases of data leaks detected in Twitter tweets in the period July 1, 2021 to September 29, 2022. The study was conducted by using Twitter tweet scrapping techniques and classifying netizen responses based on positive, negative, and negative sentiments. neutral. Each sentiment is analyzed with wordcloud by finding what topics are often discussed by netizens on the protection of personal data. Furthermore, the classification evaluation is continued by looking at the accuracy of the machine learning classification algorithm, namely naive bayes and random forest. The results of the study stated that in the period from July 1, 2021 to September 29, 2022, the public's response to the protection of personal data was still negative. Which means that the data protection system in Indonesia is still not effective with the occurrence of various cases of data leakage. Based on the accuracy value, the Naive Bayes algorithm is very good at classifying tweets based on their sentiments, which is 99.84% compared to the random forest algorithm.

Comparative Analysis of ‘Children Who Break the Law’ Development Program in Indonesia and Malaysia

This article aims to compare legal child development programs in Indonesia and Malaysia, the meaning and ages of children, and the basic principles of child protection law in Indonesia and Malaysia. The method used is a comparative study of the legal systems for child protection between Indonesia and Malaysia, as well as the method of analyzing the contents of different references to the topics discussed. There are many similarities when comparing the legal systems for child protection in Indonesia and Malaysia; two legal systems protecting children in each country. Special protection such as care, education, care and adoption, religion and abandoned children and care, rehabilitation, care for children, child protection, investigation, and care or exploitation of children, economically, sexually, educationally, or at school, as well as providing special protection against beatings, disability, and child abuse. The difference is that the protection law in Malaysia has been incorporated into the Child Protection Act 2001 (Tapu 611), whereas in Indonesia it remains separate from the Child Protection Act.

Legal Protection of Women and Children Victims of Sexual Violence in Gorontalo City Police

Legal protection in Indonesia is given to everyone based on equal rights and obligations as well as standing before the law. In this case, women and children are given extra legal protection because they are vulnerable to becoming victims of violence. In Gorontalo itself, the number of sexual violence increases every year. This is corroborated by the findings of cases of sexual violence from November 2019 to 2022, namely 105 cases. Regarding protection, the Gorontalo City Police Women's and Children's Service Unit has a role in protecting against all forms of violence, especially sexual violence. Sexual violence is defined as forced sex that can be performed by anyone who does not care about their relationship with the victim. The method used in this research is qualitative analysis, where research findings are obtained from literature research, document studies, and interviews. The purpose of this research is to find out legal protection efforts for women and children who are victims of sexual violence in Gorontalo and what are the inhibiting factors for legal protection for children and women who are victims of sexual violence themselves. In the findings of this study, legal protection for women and children who were victims of sexual violence, namely that victims immediately received assistance from the Integrated Service Center for Empowerment of women and children (P2TP2A) at the Gorontalo City Police in the initial process. Assistance is focused on the mental and psychological health of the victim. After that, if the victim is not satisfied with the process, the Integrated Women and Children Empowerment Service Center (P2TP2A) will assist the victim in submitting a report to the National Police so that it is followed up through the court process. The inhibiting factors found in this study were the victim's uncooperativeness in providing information due to mental disturbances due to trauma, as well as the location of the victim's house which was quite far away in terms of the process of providing legal protection itself.

Cryptocurrency: Highlighting the Approach, Regulations, and Protection in Indonesia and European Union

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="Copyright">The speed of the adoption and use of cryptocurrency that utilizes blockchain technology as its central infrastructure is expanding globally, including in Indonesia. It has promising prospects as a future asset and payment instrument. However, the regulations in Indonesia are often delayed and inadequate for dealing with cryptocurrency's developments. This research is intended to analyze the approaches, regulations, and protection of the use of cryptocurrency. This study argues that the regulatory approach to using cryptocurrency is balanced, while Indonesia has a partial status in cryptocurrency legality. The government’s protection of cryptocurrency investors is adequate in using cryptocurrency as a commodity traded on futures exchanges with a license from <em>Bappebti</em>. A progressive policy for establishing the Digital Asset Law by the government is important due to the resultant clarity in the regulatory status of cryptocurrency will allow the ecosystem to grow and promote innovation, thus harnessing the benefits of cryptocurrency while mitigating related risks.</p></td></tr></tbody></table></div>

The Role and Authority of the Directorate General of Intellectual Property in Handling Complaints of Copyright Infringement in Indonesia

The rise of copyright infringement that occurred in Indonesia is very alarming, even the act of infringement seems to have been regarded as a common thing. DJKI is a government agency that organizes the formulation and implementation of policies in the field of intellectual property in accordance with the provisions of legislation, of course expected to provide copyright protection in Indonesia. The research method used is Normative Empirical, using a statutory approach that is analyzed qualitatively. DJKI has a role as a regulator, as an administrator, law enforcement, and dissemination of intellectual property, as well as the authority to receive and handle complaints of intellectual property violations in accordance with applicable procedures up to the stage of the prosecution process. It is recorded that the number of complaints submitted to the DJKI from 2019 to 2022 is 155 complaints and all of these complaints have been resolved by the DJKI, one of the complaints is copyright infringement that occurred in Central Sulawesi is a case of copyright infringement of Hasan Bahasyuan’s song, this complaint has also been resolved by the DJKI through a mediation process so that the case does not proceed to court. So it can be seen that DJKI has an important role in copyright protection in Indonesia.

Similarities in the Protection of Wild Animals in Indonesia and Korea

This article aims to examine and analyze the regulation of wildlife protection in Indonesia and South Korea. In this writing, using the Normative Juridical method. Meanwhile, the approach used is the per-statute approach and the comparative approach. The results show that several arrangements regarding the protection of wild animals in Indonesia and South Korea have similarities which have been regulated in-laws and the Criminal Code (KUHP). However, in South Korea, the protection of wild animals (animals) is only regulated by a law known as the Animal Protection Act, but not regulated in the Criminal Code or what is known as the Criminal Code.

Comparison Legal Perspective of Criminal Sanctions for Sexual Crime Against Children in Indonesia

In Indonesia, protection for victims of sexual violence against children is inadequate, because the sanctions regulations are not oriented towards protecting victims. The purpose of this research is to analyze and find regulations on criminal sanctions in cases of sexual crimes against children in Indonesia that have not been based on justice for victims, to analyze and find weaknesses in criminal sanctions regulations in cases of sexual crimes against children in the perspective of victim protection in Indonesia. This type of research is normative juridical, and to solve research problems secondary data is used which is obtained by conducting literature studies. The results of the study were then analyzed using a qualitative descriptive method. The results of the study show that criminal sanctions in cases of sexual crimes against children in Indonesia have not been based on justice, because criminal sanctions that can be imposed are only imprisonment and fines where if a fine is paid, the money goes into the state treasury which results in the recovery of children in victims of violence psychologically and materially are not assisted in the payment of the fine. There is no regulation regarding the amount of restitution that must be given to victims of sexual violence and is still limited to the realm of prosecution of perpetrators of sexual violence against children, not preventive efforts.

ANALISIS PENGATURAN KEAMANAN DATA PRIBADI DI INDONESIA

This study aims to analyze the regulatory invitation regarding the protection of personal data and the urgency of the bill Personal Data Protection in Indonesia. The type of research used by the author is the type of legal research normative approach to the method of legislation, approach case, and conceptual. The legal materials used consist of: primary law, namely related laws and regulations, as well as material secondary law, namely book literature, legal journals, articles and bills PDP. The entire legal material is analyzed qualitatively and presented descriptively. The results of the study answered that: 1) arrangements regarding security Personal data in positive law in Indonesia is spread across various fields sectoral laws and regulations covering 32 regulations scattered in the Human Rights Act, sector telecommunications and informatics, public service sector, sector health, population and archives sector, banking sector, finance, and taxation, trade and industrial sectors as a form of protection of personal data and public privacy. cause there is no harmonization at the normative level as well as the absence of stronger legal certainty for the community because there is no law that specifically regulates related personal data protection. 2) The legal politics of the formation of the PDP Bill from In terms of the formation process, it has been proposed since 2014. As of January 24, 2020, the PDP Bill has been signed by President Joko Widodo and will then be discussed in the DPR. PDP Bill This will be proposed in the DPR's priority national legislation program for the period 2019-2024. In terms of substance related to legal protection arrangements In the PDP Bill, it contains provisions related to the rights owned by the community for the data. 
 Key Words: Security, Personal Data, Positive Law, PDP Bill.