Conceptualizing the Establishment of BPPKE: Legal Protection for Businesses in Indonesia

Hanny Hilmia Fairuza, Nadhila Citra Supriantoro, Ardani Rizky Trianto — Tue, 23 Apr 2024 05:49:11 +0000

The development of technology brings significant changes in human life, including in the formation of more efficient electronic agreements. Smart contracts, as programmable contracts using blockchain technology, have facilitated agreements without intermediaries with high efficiency and security. In Indonesia, smart contracts are starting to be used although they still encounter pros and cons, especially regarding the aspect of legal validity. The availability of specific regulations regarding electronic contracts poses a major challenge, where the law must provide guarantees and legal recognition equivalent to conventional contracts. Therefore, the establishment of the Electronic Contract Supervision and Protection Agency (BPPKE) becomes important to create order, certainty, and justice for all parties involved in electronic transactions. BPPKE is expected to oversee and supervise the implementation of applicable regulations so that legal objectives can be achieved well in the digital business era. The research method used is Reform-Oriented Research aimed at assessing the sustainability of existing rules and proposing changes to rules deemed necessary related to electronic contracts in Indonesia. Thus, the conceptualization of the establishment of BPPKE is expected to enhance the investment and business climate in Indonesia, as well as strengthen legal protection for business actors, both nationally and internationally. This is in line with the rapid development of information and communication technology, where electronic transactions are becoming increasingly dominant in global business activities.

International Legal Resolution of the Recognition Dispute over the Intellectual Property Rights of the 'Reog Cultural Dance' by Malaysia

Nazhif Ali Murtadho — Wed, 24 Apr 2024 04:52:36 +0000

This research aims to describe theoretical and practical views regarding legal protection of intellectual property rights, especially in terms of traditional Indonesian culture. This research uses a qualitative writing method using a normative juridical approach. This research also touches on the juridical aspects of the case. This research was made in descriptive form with data collection techniques obtained through methods library research or what is known as library study techniques and techniques for analyzing legal materials using descriptive, evaluative, argumentative, and prescriptive techniques. The rise in cases of cultural claims made by other countries certainly provides a certain interpretation of the weak aspects of legal protection for intellectual property rights, especially in cultural matters. This can be seen, for example, in the case of Malaysia's claim to the Reog Ponorogo cultural dance, which should be viewed from a historical-sociological aspect as an original cultural heritage from the Ponorogo area, East Java. Such cases are not uncommon and often give rise to prolonged disputes which of course have implications for the diplomatic relations that exist between the two countries. Reviewing the provisions of Article 38 of Law Number 28 of 2014 concerning Copyright, it is explained that traditional cultural expressions whose creators are not known for certain have intellectual property rights protected by the state. On this basis, a special systematic system is needed to resolve the dispute. In this regard, efforts related to the process of resolving intellectual property rights disputes in the international domain cannot be separated from the legal politics that occur both in the realm of national political life and in the realm of international politics.

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Conceptualizing the Establishment of BPPKE: Legal Protection for Businesses in Indonesia

International Legal Resolution of the Recognition Dispute over the Intellectual Property Rights of the 'Reog Cultural Dance' by Malaysia