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Film Licensing Agreement as an Object of Guarantee in Indonesia
Full text linkCollateral is part of an agreement as a result of financial obligations and serves to provide confidence that the debtor will fulfil these financial obligations, where the guarantee is something that is submitted to the creditor by the debtor. The guarantee itself is divided into two, namely material security and personal guarantee. The license agreement itself is an agreement made by the license owner and the party who wants to use the license. One of the uses of a license agreement is in the film industry, where the Product House as a license owner can enter into a license agreement with the Video on Demand platform so that the film or series that has been made can be shown on the Video on Demand platform. Government Regulation No. 2022 on Creative Economy has opened up opportunities for license agreements as collateral objects. The license agreement as a collateral object itself is not an impossible thing, because other countries such as Iran and the United States have allowed license agreements as collateral objects. One of the Video on Demand platforms that uses license agreements in the screening of films on their platform is Netflix. Therefore, the Production House can make the license agreement made as an object of collateral
The Urgency of Civil Code Reform That Is Responsive to the Needs of Modern Digital Business
Full text linkThe rapid advancement of Indonesia’s digital economy and e-commerce sector has significantly contributed to economic growth, job creation, and financial inclusion. Nevertheless, the prevailing civil law framework, which remains rooted in the colonial-era Indonesian Civil Code (KUH Perdata), is increasingly viewed as inadequate for regulating electronic transactions, consumer protection, and digital business innovation. The Electronic Information and Transactions Law (UU ITE) also fails to provide comprehensive regulation in these areas. Therefore, modernizing the Civil Code is imperative to accommodate the needs of digital transactions, ensure legal certainty, and enhance national competitiveness. This study employs a normative legal research method, utilizing statutory and conceptual approaches, and examines legal doctrines, theories, and expert opinions to analyze the necessity of civil law reform in the digital era. The findings indicate that the rigidity and ambiguity of the current Civil Code create legal vacuums, particularly concerning electronic contracts, smart contracts, and digital data protection,substantive reform of the Civil Code
Civil Liability For Breaches in Sale and Purchase Agreements and Their Impact on Consumer Protection
Full text linkSale and purchase agreements are among the most frequently used forms of engagement in various community activities, both for simple and high-value transactions. Although the Civil Code provides a clear legal basis, particularly regarding the parties' obligations and the consequences of default, practice shows that breaches of agreement still occur frequently and have a direct impact on consumer losses. In digital transactions, forms of default become more diverse due to technical factors, inaccurate information, and the presence of third parties, such as marketplace platforms. The classical legal framework in the Civil Code, including Articles 1238 and 1243, has not been fully able to answer the complexity of modern digital transactions. On the other hand, regulations such as the Consumer Protection Law, the ITE Law, and PP 71/2019 provide strengthening, but have not been systematically integrated with the concept of default. This research aims to fill this gap by analyzing civil liability for default in the context of conventional and digital transactions, using normative legal research methods, with a statutory and case approach. The results show the need for regulatory harmonization to strengthen consumers' position and provide legal certainty in the event of defaults, especially in transactions involving electronic technology and systems
Legal Analysis of The Compensation Mechanism for Land Acquisition for Sutet Tower Construction by PLN n Cilincing District
Full text linkThis study aims to analyze the compensation mechanism in land acquisition for PLN's construction of the 500 kV SUTET tower in Cilincing District, North Jakarta. The research employs a normative legal approach with a case study method, focusing on the application of legal norms and principles in practical implementation. Findings indicate that, from a regulatory perspective, the compensation mechanism is governed by Law No. 2 of 2012 and its derivative regulations, which outline four key stages: planning, preparation, implementation, and final transfer. However, the compensation process for landowners often presents complex legal and social challenges, including land ownership disputes, disagreements over compensation valuation, and the consignment mechanism, which frequently leads to legal claims from affected communities. The study reveals that, despite the systematic regulatory framework for land acquisition, its implementation remains ineffective in fully ensuring justice, transparency, and legal certainty. Disputes over compensation values and limited public participation are key factors contributing to conflicts between PLN and landowners. Therefore, it is essential to optimize deliberation mechanisms, enhance transparency in compensation assessment, and provide legal assistance to affected communities to ensure their rights are fully protected in national strategic land acquisition projects
Implementation the Concept of Restorative Justice in the Settlement of Special Crimes of Trademark Counterfeiting
Full text linkThe promulgation of Law Number 20 of 2016 concerning Marks and Geographical Indications against the law only leads to defendants who are finally subject to apparent imprisonment for the act of counterfeiting the mark has brought harm to the victim, preferably for The act of counterfeiting the brand attached to it is a criminal sanction for the application of the concept of Restorative Justice which focuses on the conditions of creating justice and balance for criminal offenders and victims with restoration which is a restoration of rights between victims and perpetrators. The research method used in this study is doctrinal, with source material in primary, secondary, and tertiary legal materials. This study resulted in two advantages of using Restorative Justice on the specific crime of trademark forgery. First, Restorative Justice can be a policy choice for law enforcement officials. Because the interests of victims need to be considered in the process. In addition, Intellectual Property Rights are the realm of economics or business where the victim must suffer a large loss if there is a violation. Second, law enforcement against specific criminal acts of trademark rights through Restorative Justice can be a criminal law reform which is an alternative way to carry out punishment with the aim of justice.
Juridical Implication of the Legal Vacuum in Providing Compensation in Lieu of Restitution
Full text linkCriminal offenses position victims as aggrieved parties affected by crimes committed against them. The protection and recovery measures for the losses victims bear should guarantee justice, ensuring victims receive compensation for the harm caused. Law No. 1 of 2023 concerning the Indonesian Penal Code implies that compensation is an additional punishment imposed on the defendant. However, imprisonment, supervision, or community service are only applied if the defendant cannot provide compensation, failing to guarantee the compensation the victim is entitled to, as outlined in the court decision. In such cases, state involvement is required. This research aims to examine juridical implications of the legal vacuum in providing compensation in lieu of restitution. Using a normative method with statutory and analytical approaches, and grammatical and teleological interpretations, the study reveals that the absence of specific regulations leads to injustice, legal disadvantages, and legal uncertainty affecting victims of criminal offenses, particularly regarding their right to restitution.
Standard Clauses: Measuring Dilemmas in Theory
Full text linkThe study aims to measure this dilemma through the theories of natural law, utilitarianism, and positivism. It employs a qualitative approach using library research and normative juridical analysis. Despite their role in enhancing transactional efficiency, standard clauses often obscure critical rights and responsibilities, particularly for consumers who lack the bargaining power or legal literacy to fully comprehend or negotiate contract terms. This condition is increasingly urgent in the context of digital transactions on e-commerce platforms, etc where standard clauses are not only more prevalent but also more opaque. Existing scholarship has yet to explore how consumer legal literacy—or the lack thereof—affects the understanding, acceptance, and contestation of standard clauses in the digital marketplace. This study fills that gap by integrating legal theory with a critical analysis of consumer awareness, offering a novel perspective on the intersection between legal formalism and substantive justice in contemporary consumer contracting. The results indicate that standard clauses are deemed unjust based on natural law theory due to their formulation often violating universal moral principles, which demand mutual agreement and fairness for all parties. According to utilitarian theory, standard clauses are beneficial if they serve all parties; however, since they mainly benefit business actors, the usefulness is limited and creates imbalance. Meanwhile, positivist theory considers standard clauses legally valid as long as they adhere to the pacta sunt servanda principle—once written and agreed upon, the contract is binding law for the parties. Although standard clauses promote business efficiency, the imbalance in bargaining power may disadvantage consumers, who must therefore critically assess their ability to accept or reject the contract
Reflection of Child Protection on the Settlement of Child Sexual Violence In Indonesia: An Analysis of Court Decisions in 2019-2020
Full text linkProtection of children from sexual violence is a shared responsibility of all parties, including the judiciary. One of the efforts to protect children by the judiciary is manifested in court decisions on cases of sexual violence against children. As a form of law enforcement in concreto, the study of this court decision will provide a signal for criminal law reform related to the regulation of sexual violence against children in Indonesia. This article aims to examine the reflection of child protection in the resolution of cases of sexual violence against children in Indonesia in 2019-2020. As normative research, a single issue is studied using a statutory, conceptual, and case approach and then analyzed using the descriptive qualitative method. A comprehensive synthesis of statutory analysis, doctrinal interpretation, and systematic case examination was concluded. The discussion shows that the majority of settlements of sexual violence cases against children have reflected the protection of children. However, 3 three limitations signaled criminal law reform: the absence of criminal law guidelines, the lack of specifically formulated minimum fines, and the absence of sanctions for victim-oriented treatment
Legal Protection for Cyberbullying Victims Through Social Engineering in Cybercrime
Full text linkThe development of information and communication technology has created a new space for interaction through digital media, bringing not only benefits but also various forms of cybercrime, one of which is cyberbullying. This phenomenon is increasingly complex when carried out through social engineering techniques, namely the psychological manipulation of victims to obtain information, instill fear, or pressure them mentally and socially. Social engineering-based cyberbullying not only impacts the victim's psychological aspects but also causes social, reputational, and even economic losses. This article aims to analyze the forms of cyberbullying that use social engineering and examine the legal protections available to victims within the cyber law framework in Indonesia. The research method used is normative legal research with a statutory and conceptual approach, which examines related regulations, such as the Electronic Information and Transactions Law, the Criminal Code, and other relevant regulations. The results of the study indicate that although positive legal instruments have provided a basis for protection for victims of cyberbullying, regulations related to social engineering are still implicit and have not been specifically regulated. Therefore, it is necessary to strengthen regulations, improve digital literacy, and adopt an integrated preventive and repressive approach to ensure effective legal protection for victims of cyberbullying in the digital era
Criminal Aspects of Corruption Regarding Control of Regional Assets by Foundation X For Commercial Purposes
Full text linkThis study examines the criminal aspects of corruption in the control of Regional Government-Owned Assets (BMD) by Foundation X over the land formerly occupied by the Bandung Zoo. The research problem focuses on how the use of regional assets by a foundation for commercial purposes can be classified as a criminal act of corruption and how the law should be enforced. The foundation unlawfully managed and leased the land owned by the Bandung City Government without any formal agreement and failed to deposit the rental income into the regional treasury. This study employs a normative legal research method using a juridical-normative approach. The findings indicate that the actions in question fulfill the elements of a corruption offense: unlawful conduct, enrichment of oneself or others, and financial loss to the state, as stipulated in Articles 2 and 3 of the Anti-Corruption Law. Legal enforcement through criminal prosecution, restitution, asset confiscation, and regulatory harmonization between the Foundation Law and BMD management regulations are crucial steps to prevent the recurrence of public asset misuse. Formulating stricter regulations and strengthening oversight mechanisms in regional asset governance.Keywords: Corruption Crimes; Foundations law; Law Enforcement; Regional Assets