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Comparative Analysis Regarding the Copyright Law on AI-Generated Art Between Indonesian and the United States: Unpacking Indonesian Legal Framework Conundrum

Kenneth Bradley Sajogo — 2025-08-02

Transforming every industry, artificial intelligence (AI) is influencing how people will live in the future. In this modern era, AI art generators have advanced to generate ultra-realistic art from text popularly known as prompts, where the generators could generate art that is abstract or astonishingly realistic to the point where people have difficulties distinguishing it from real-life photographs. AI doesn’t have common sense and original ideas since it only works according to the database where copyrighted arts are stored, lacking uniqueness and personality that only can be derived from human’s intellectuality. Protection is needed in the form that gives the creator exclusive rights over their intellectual property. There are several reasons why a computer-generated work autonomously doesn’t fall under the protection of both state’s copyright laws. Both states vest exclusive rights of a work to a person, which generally is the author or a legal entity. Meanwhile, AI is not acknowledged by both laws as neither a legal person nor a legal entity. Moreover, the essence of copyright includes originality, creativity, and tangible form. AI-generated art is not protected under copyright laws because of its lack of originality and creativity which can only be generated by human-created art. In conclusion, AI-generated art shouldn’t be protected under any copyright laws because it lacks human authorship and involvement. If The Indonesian government should take action to protect the intellectual property rights of their people, this is possible by amending the current copyright law to be more adaptive to the new technological advancements.

Reversed Burden of Proof in Online Gambling Fraud: Consumer Protection Based on Islamic Law in West Java

Kukun Abdul Syakur Munawar — 2025-08-02

The widespread practice of online gambling in West Java has led to an increase in digital fraud cases causing significant consumer losses. Common schemes involve fictitious investment programs and fake prize offers that victims find difficult to prove directly. In this context, the application of the reversed burden of proof serves as a strategic criminal law policy to strengthen the position of victims before the law. This study examines the effectiveness of the reversed burden of proof in handling online gambling fraud cases, while exploring the role of Islamic legal principles—such as zakat and social justice—in expanding consumer protection. Using normative juridical and conceptual approaches, the study analyzes the Indonesian positive legal framework and its potential integration with Islamic legal mechanisms. The findings indicate that reversing the burden of proof can reduce evidentiary obstacles during judicial processes, while Islamic law adds a socio-economic dimension that complements the penal aspect. This study recommends an integrated legal reform that not only emphasizes sanctions but also reinforces substantive justice and comprehensive victim protection.

Producer's Liability for Expired Products: Theoretical and Legal Analysis

Syofyan Hadi — 2025-08-02

One of the consumer rights guaranteed in the laws and regulations is the right to obtain safe and healthy products and the right to obtain an expiration date. The right to obtain information in the form of an expiration date is closely related to product safety. Through this information, consumers can find out whether a product is still suitable or not. If consumers do not obtain information in the form of an expiration date for a product, then in this case the consumer is greatly disadvantaged and the obligation for the producer to be responsible arises. About this, this study aims to examine and analyse the concept of product liability and producer liability due to expired products. This research is a legal research using a statutory and conceptual approach, while the legal materials used in this research are primary legal materials and secondary legal materials. The results of this study indicate that product liability arises due to defects in the product that can harm consumers, so that producer are obliged to provide compensation. One form of such defect is an expired product, which is not suitable for consumption. In this case, the manufacturer is responsible for providing compensation for any losses received by consumers due to defective products, including expired products.

The Future of the General Meeting of Shareholders: Integrate Virtual Space in Limited Liability Companies

Sabria Umar — 2025-08-02

In the digital era, the electronic organization of the General Meeting of Shareholders (GMS) has become a crucial aspect for Closed Limited Liability Companies (PT) (Non-Tbk) to enhance operational efficiency and flexibility. This research examines the legal framework necessary for the implementation of electronic GMS in Indonesia, with a particular focus on the legal, technical, and practical aspects involved. In light of the provisions outlined in Law No. 40 of 2007 on Limited Liability Companies and associated regulations, this article underscores the necessity for amendments to the company's articles of association, the utilization of secure technology, and procedures for verifying the identity of participants. This research is normative, employing legislative and analytical research approaches. The results of this research show the legal framework for conducting general meetings of shareholders through electronic media in a closed limited liability company (non-Tbk). The implementation of technology for electronic general meetings (GMS) provides efficiency and flexibility, but requires legal adaptation, data security and regulatory compliance. The process involves updating the articles of association, using secure technology and following legal procedures for notification and verification. Notarization remains essential to ensure the validity of electronic deeds, and registration in the Ministry of Law and Human Rights' AHU system is an important step in this process. Regulatory adjustments and capacity building of law enforcement agencies are needed to support the implementation of this technology.

Government Institutions Assisting in Representing the Economic Rights of Creators: Is It Necessary?

Erlan Ardiansyah — 2025-08-02

This article evaluates the institutional governance of the Lembaga Manajemen Kolektif Nasional (LMKN) in Indonesia’s music royalty management system, focusing on the principles of transparency, accountability, and information technology integration. LMKN was established as a government-affiliated body to represent the economic interests of creators through a centralized and efficient system of royalty collection and distribution. This study aims to assess the effectiveness of LMKN in fulfilling its institutional mandate and the extent to which good governance principles are applied in practice. The research adopts a normative juridical method with conceptual and statutory approaches to analyze the legal foundation and functional implementation of LMKN based on institutional governance norms. The findings indicate that although LMKN plays a strategic role in streamlining the royalty system, its implementation still faces several challenges, including the lack of an integrated digital tracking system, weak information transparency, and the absence of a fair and verifiable reporting mechanism for creators. These discrepancies fail to achieve distributive justice in royalty distribution. The study recommends institutional reform through the digitalization of the tracking system, increased participation of creators, and the strengthening of transparency and public accountability. These findings underscore the urgency of transforming LMKN into a modern, technology-driven institution as a key prerequisite for sustainable and equitable royalty management in the digital era.

Geographical Indications and Positive Legal Theory: Protection of Collective Rights as a Fair Business Legal Instrument

Muchtar Anshary Hamid Labetubun — 2025-08-03

Registration of Geographical Indications in Indonesia plays an important role in legal protection that leads to increased product competitiveness, supports the local economy, and strengthens the cultural and social identity of the community. This study aims to analyze geographical indications reviewed from the theory of positive law in the protection of collective rights as an instrument of fair business law. This study is a normative legal study by prioritizing conceptual and legislative approaches. The novelty of this study is that GI registration not only provides exclusive rights to its owner, but also prevents misuse by third parties. In this context, GI registration is relevant to the theory of positive law to ensure legal certainty. Although the GI registration system already exists, the main challenge is the lack of understanding of business actors regarding the procedures and benefits, so that many potential GIs have not been registered. Therefore, it is important to increase education and socialization to business actors so that more products can be legally protected. This is expected to support regional economic development and create justice in business law, while strengthening the competitiveness of Indonesian products in the global market.

From Legal Gaps to Decent Wages: Ensuring Domestic Workers’ Rights in Indonesia

Wiwik Afifah — 2025-08-03

Domestic workers constitute part of the informal labor sector, which has long been excluded from recognition as a formal profession within Indonesia’s labor system. In practice, domestic workers in Indonesia often face various forms of exploitation, including excessive workloads, extended working hours, and inadequate wages. This discrimination stems from the absence of specific legal provisions recognizing and protecting domestic workers within the national labor legislation. This study focuses on the urgent need for legal regulation concerning the protection of wage rights for female domestic workers in Indonesia. Employing a sociological legal research method, the data collected were analyzed qualitatively. The findings indicate that, philosophically, the principle of a just and civilized humanity has not been sufficiently integrated into the formulation of labor regulations, resulting in the exclusion of domestic workers, particularly regarding wage protection. Furthermore, current labor laws fail to accommodate the needs of domestic workers due to their capitalist and patriarchal orientation. Juridically, labor regulations remain centered on formal employment and have yet to incorporate protections for informal sector workers. Sociologically, gender-biased constructions continue to frame domestic work as merely “assisting” tasks rather than professional labor, thereby reinforcing the notion that domestic workers do not deserve fair wages or reasonable working hours. This leads to systemic exploitation. ILO Convention Number 189 mandates that every individual has the right to decent work and fair wages as a foundation for achieving a dignified standard of living. This right must be guaranteed by the state, particularly for citizens who are structurally vulnerable within the labor hierarchy.

Beneath the Gavel: Business Law and the Specter of Authoritarian Capitalism in Indonesia

Dinda Silviana Putri — 2025-08-03

The evolution of the Indonesian government into authoritarian capitalism since the Reformation era, especially under Joko Widodo’s administration, has triggered significant legal issues in the development of economic policy. This study examines how authoritarian tendencies intersect with legal instruments and economic development, focusing particularly on legislative practices like the Job Creation Omnibus Law, which has drawn public criticism for undermining democratic principles and the supremacy of law. Using a normative juridical approach and the doctrinal legal method as defined by Terry Hutchinson, this research analyzes the principles and norms of economic law in the context of an authoritarian regime. The findings suggest that although laws like the Omnibus Law are claimed to attract foreign direct investment, the way they are drafted and enacted tends to reflect elite interests and lacks adequate public participation. This points to a broader pattern of authoritarian capitalism, where law functions more as a tool of political control than as a safeguard of social justice. Compared to countries like China and Singapore, Indonesia illustrates a weaker institutional capacity to uphold impartial and accountable legal frameworks. The study concludes that without substantive legal reform and stronger democratic oversight, the use of law for political gain will continue to undermine social stability and long-term economic sustainability. For that reason, legal development rooted in justice, participation, and the supremacy of law should be seen as a priority in improving Indonesia’s economic governance.

The Doctrine of Essential Facilities in Competition Law: Balancing Monopoly Power and Fair Competition

Anna Maria Tri Anggraini — 2025-08-10

This study examines the application of the Doctrine of Essential Facilities in business competition law in the Indonesian port sector. Despite the implementation of a demonopolization policy, PELINDO, as a State-Owned Enterprise, still controls essential facilities, potentially leading to monopolistic practices and unfair business competition. This issue is reflected in ICC-I Decision 12/2014 and ICC-L 15/2018, where the ICC identified indications of violations of several provisions of Law No. 5/1999 on the Prohibition of Monopoly Practices and Unfair Business Competition, particularly regarding monopoly practices, market domination, and tying/bundling actions. This study analyzes the limitations and application of the Essential Facilities Doctrine in business competition law and assesses how the ICC determines violations related to the control of essential facilities in the port sector. It employs normative legal research, utilizing a legal and regulatory framework, court decisions, and case studies. The findings indicate that even though the Shipping Law has revoked PELINDO's monopoly rights, the market structure and nature of essential facilities in the port sector continue to confer a competitive advantage on PELINDO. The ICC determined that PELINDO violated the principle of fair business competition by restricting competitors' access to essential facilities. To address this issue, regulatory harmonization is needed between SOE monopoly policies and the principle of business competition, along with strengthened ICC oversight and explicit incorporation of the Essential Facilities Doctrine into Indonesia’s competition regulations. These measures would ensure fairer access for other businesses in the port sector.

Post-Disaster Aid in Electoral Contexts: The Intersection of Insurance Law and Economic Justice

Zulhadi Zulhadi — 2025-08-28

This study analyzes the politicization of post-disaster aid through the distribution of insurance claims that are exploited as instruments for gaining electoral advantage during local elections in North Lombok. This phenomenon reveals a lack of regulatory oversight over insurance companies as business entities that should be subject to principles of good corporate governance and CSR. Employing a socio-legal and law and development approach, the research investigates the interrelation between local political dynamics, insurance regulatory frameworks, and economic justice for disaster-affected communities. The findings indicate legal loopholes and conflicts of interest within contracts between local governments and insurance providers, as well as the ineffectiveness of existing regulations in ensuring corporate accountability. The study recommends comprehensive reform of the insurance legal framework, strengthening of oversight by the Financial Services Authority, and integration of CSR principles in disaster aid management. Theoretically, this study highlights the need to broaden the scope of business law scholarship by incorporating political and disaster-related variables to support the development of a more just and responsive legal system.

Indonesia and Malaysia's Alternative Models of Dispute Resolution in the Financial Sector

Setiyono Setiyono — 2025-08-28

Indonesia has established the Alternative Institution for Dispute Resolution in the Financial Services Sector, known as LAPS SJK. At the same time, Malaysia has formed the Ombudsman for Financial Services for a similar purpose. Both institutions serve as alternative dispute resolution mechanisms within the financial services sector, aiming to provide fair, efficient, and accessible solutions for financial disputes outside conventional judicial processes. This study examines the dispute resolution models implemented by LAPS SJK and Ombudsman for Financial Services, highlighting their similarities and differences. Additionally, it analyzes the procedural frameworks of both institutions to understand their operational mechanisms for resolving disputes effectively. This research adopts a normative approach and is descriptive. The authors employed a library research method, utilizing secondary sources such as legal documents, institutional regulations, and scholarly literature. Data analysis was conducted qualitatively, and conclusions were drawn using the deductive method to ensure a comprehensive understanding of both models. The findings indicate that LAPS SJK employs a dispute resolution model comprising mediation, arbitration, and binding opinions, whereas OFS utilizes negotiation, mediation, conciliation, and adjudication. The procedural framework of LAPS SJK adheres to its internal regulations, which are based on the Arbitration and Alternative Dispute Resolution Act. In contrast, the procedures under OFS follow the OFS Terms of Reference, grounded in the Financial Services Act 2013 and its related regulations. These differences reflect the distinct legal frameworks and institutional designs governing financial dispute resolution in both countries.

Insurance Policies as Joint Property in Family Law: A Comparative Study of Indonesia and England

Muazzul Muazzul — 2025-08-28

The legal status of insurance policies as part of joint assets is an interesting study because there are no specific regulations related to this. This study aims to analyze the status of insurance policies by comparing laws in the field of family law between Indonesia and England. This study is a normative legal study with a conceptual, comparative, and legislative approach. In Indonesian law, loss insurance, although the premium is paid from joint assets, is not categorized as joint assets because its function is to replace losses. In contrast, life insurance can be considered joint or personal assets depending on the source of premium funds, the purpose of the insurance, and the applicable agreement. On the other hand, the English legal system, which is based on common law, assesses insurance policies in marriage based on precedents and factual considerations, such as the source of funds and the time of the claim, although it is not explicitly regulated in legislation. This comparison shows that although Indonesia and England have different legal systems—civil law and common law—both have similarities in the basic principles of assessing the legal status of insurance policies, namely a contextual approach and based on relevant legal facts.

Legal Implications of Agricultural Land Conversion on Food Security: A Business Law Comparison of Indonesia and India

Yakub Adi Krisanto — 2025-08-29

The conversion of agricultural land has significant legal implications for food security policies, as it can threaten the availability of productive land, which is the main source of national food production. This research aims to analyze the legal implications of the conversion of agricultural land on food security, linked to a comparison of laws in the Indonesian Omnibus Law and the Indian Land Acquisition Act from the perspective of business law. This research is a normative legal study using comparative, conceptual, historical, and legislative approaches. Legal implications related to the conversion of agricultural land have the potential to reduce the availability of productive land, which is the main source of national food production. In addition to imposing sanctions, strengthening consistent supervision and law enforcement, as well as implementing sustainable agricultural land protection policies, are essential to ensure optimal and sustainable food security. Regulating the conversion of agricultural land in Indonesia and India has the same goal, which is to maintain national food security amid development pressures. Both countries implement regulations for official permits, protection of productive land, as well as compensation and sanction mechanisms. Although facing similar challenges such as bureaucracy and weak oversight, the main difference lies in the legal approach and the firmness of enforcement. In general, both countries strive to balance development with land protection to maintain food security.

Construction Dispute Resolution through Alternative Dispute Resolution: A Review of Business Law in Indonesia and Thailand

Taufik Taufik — 2025-08-29

The construction sector, which is full of complex interactions between business actors in Indonesia and Thailand, often gives rise to technical disputes that require effective resolution through ADR mechanisms. Although regulated and implemented in both countries, they show significant differences in terms of effectiveness, institutions, technology utilization, and legal culture that influence actors' preferences and trust in non-litigation dispute resolution. The purpose of this study is to analyze the regulation and implementation of construction dispute resolution through ADR in the business legal systems of Indonesia and Thailand, and to identify similarities, differences, and factors that influence the effectiveness of ADR mechanisms in both countries. This study uses normative legal methods with legislative, conceptual, and comparative approaches to analyze the regulation and implementation of construction dispute resolution through ADR in Indonesia and Thailand, with data collection through literature studies and descriptive-comparative data analysis. The results of the study indicate that although Indonesia and Thailand both recognize and regulate construction dispute resolution mechanisms through ADR in their business legal systems, the effectiveness of their implementation differs significantly. Indonesia faces challenges in the form of institutional fragmentation, low practitioner understanding, and limited digitalization, while Thailand demonstrates a more structured, integrated, and progressive ADR system with the support of specialized institutions such as THAC, ADR obligations in government contracts, and the widespread implementation of the Dispute Adjudication Board mechanism. Factors such as government policy, legal culture, and the use of technology are the main differences in the effectiveness of ADR in the two countries, making Thailand superior in the implementation and acceptance of ADR, particularly in the resolution of construction disputes.

Comparative Perspectives on Contract Law in Property Sale and Transfer: Oman and Indonesia

Subekti Subekti — 2025-08-29

This research aims to conduct a comparative study of the law of covenants in the sale and purchase and transfer of property ownership in the civil law systems of Oman and Indonesia. The main focus of this study is to identify similarities and differences between the two countries in terms of the legal basis, contractual principles, and formal procedures related to the transfer of property rights. In the Omani legal system, which is influenced by Sharia and civil law, the transfer of property ownership emphasizes notarial formalities and state registration. Meanwhile, Indonesia, with its mixed legal system that combines customary law, Dutch colonial law and modern law, also requires a written agreement as well as registration at the National Land Agency. This research uses normative-comparative research with statutory and conceptual approaches. The data is analyzed qualitatively with comparative legal analysis techniques, to evaluate the practices and principles applicable in both legal systems. The novelty in this study lies in the structural mapping and detailed analysis of the common ground and points of difference between the two systems, particularly in terms of the principle of freedom of contract and the effectiveness of registration as a condition of transferring property rights. The results show that although the two countries have different legal frameworks, there is convergence in the aspects of formality and legal protection for third parties. This study recommends harmonization of contract law principles and more efficient registration of property as well as increased transparency in the process of buying and selling property across jurisdictions.