Jurnal Yustitia

PROBLEMATIKA YURIDIS SERTIFIKAT HAK PATEN SEBAGAI OBJEK JAMINAN FIDUSIA BERDASARKAN HUKUM POSITIF DI INDONESIA

Putu Eka Trisna Dewi — 2026-06-05

The development of the modern economy has increased the role of intangible assets, including patents as a form of Intellectual Property Rights (IPR) with significant economic value. Under Indonesian law, patents may normatively be used as objects of fiduciary security as regulated in Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 on Patents. This study aims to analyze the issues surrounding the utilization of patents as objects of fiduciary security based on positive law in Indonesia. The research employs a normative legal method using statutory and conceptual approaches. The results indicate that although patents legally fulfill the requirements as objects of fiduciary security, their implementation still faces several challenges, including the absence of implementing technical regulations, the lack of competent appraisal institutions for intellectual property valuation, and the low level of trust among financial institutions toward intellectual property as collateral. Therefore, more comprehensive regulations are required to provide legal certainty and optimize the utilization of patents as objects of fiduciary security.

TINJAUAN YURIDIS PEMBEBANAN GANDA ATAS OBJEK JAMINAN DAN IMPLIKASINYA TERHADAP KEDUDUKAN KREDITUR

Tri Wani Andini — 2026-05-31

In Indonesia, material collateral plays an important role so that creditors feel more secure in distributing financing by providing loans to debtors. One of the fundamental principles in collateral law is the principle of legal certainty, where each collateral object can ideally only be encumbered by one type of binding to guarantee one or several particular debts. However, in practice, the phenomenon of double pledging still often occurs and gives rise to various legal issues. This condition creates the potential for conflicts of interest, especially regarding the priority of repayment to creditors if the debtor is in default. The purpose of this study is to analyze the legal certainty of double pledging and examine the legal protection for creditors of double pledging. This writing is conducted normatively with library research by collecting Primary legal materials such as applicable laws and regulations, Secondary legal materials such as books and journals, and Tertiary legal materials such as articles on the internet. The conclusion is that legal certainty for double pledging is essentially guaranteed in positive law through the principle of publicity (registration of collateral), the principle of priority based on the registration date, the executorial power of the collateral certificate, and explicit provisions in the mortgage law and the fiduciary law regarding the creditor's position. With this mechanism, even though double pledging still occurs in practice, legal protection for the first creditor remains strong, so that the structure of legal certainty is maintained.

KAJIAN HUKUM TERHADAP PRAKTIK VICTIM BLAMING DALAM PENANGANAN KASUS PELECEHAN SEKSUAL DI PERGURUAN TINGGI

I PUTU ANDIKA PRATAMA — 2026-05-31

The phenomenon of victim blaming in cases of sexual harassment within higher education institutions remains prevalent. Victims are often perceived as the cause or trigger of the harassment committed by perpetrators. This condition reflects a lack of understanding and inadequate victim-centered perspectives in academic environments. This research is a doctrinal study employing a statute approach, a case approach, and a conceptual approach. The enactment of Minister of Education, Culture, Research, and Technology Regulation Number 55 year 2024, along with other laws and regulations governing the protection of victims of sexual harassment, is expected to minimize such cases, particularly within higher education institutions, and to encourage victims to report incidents without fear. Furthermore, the presence of Law Number 31 year 2014 is intended to provide legal protection for victims of sexual harassment, ensuring that they are safeguarded from intervention, discrimination, and victim blaming by certain parties.

ARAH PERKEMBANGAN SISTEM PEWARISAN ADAT BALI PASCA BERLAKUNYA KEPUTUSAN PESAMUHAN AGUNG MUDP BALI NOMOR 01/KWP/PSM-3/MDP BALI/X/2010

I Ketut bakuh — 2026-05-31

The emergence of attention to gender issues is in line with the shift in the development paradigm that is more open to addressing the roles of men and women in society. This then becomes the basis for overcoming the problem of gender injustice that still occurs in society, especially in Bali. The purpose of writing this scientific journal is intended to better understand the development of gender thoughts in the Balinese region through real actualization in everyday life and changes in the inheritance system. This research method is a normative research method with a statutory approach, sociological approach, and conceptual approach. The result of this research is the development of gender equality in several sectors of Balinese life in modern times has provided a positive wind characterized by increased participation of Hindu-Balinese women in several sectors. The issuance of the Keputusan Pesamuhan Agung MUDP Bali Nomor 01/KWP/PSM-3/MDP Bali/X/2010 dated October 15, 2010 concerning the Results of the Great Pesamuhan III of the Main Assembly of Desa Pakraman Bali, shows that in general the customary inheritance law for Balinese Hindu women can be said to have experienced a lot of progress and lead to gender equality.

PENGATURAN KOMISI PENGAWAS PERSAINGAN USAHA DALAM PERATURAN PRESIDEN REPUBLIK INDONESIA NOMOR 100 TAHUN 2024

I Wayan Suka Antara Yasa — 2026-05-31

KPPU is a special organ that has a double duty in addition to creating order in business competition also plays a role in creating and maintaining a conducive business competition climate. In its development, the KPPU's legal arrangements have changed in line with existing business developments. The purpose of writing this scientific journal is to better understand the latest regulation of the Business Competition Supervisory Commission (KPPU) in Presidential Regulation of the Republic of Indonesia Number 100 of 2024. The research method used in this research is normative research method with statutory approach and conceptual approach. The result of this study is the urgency of changing the regulation of the Business Competition Supervisory Commission (KPPU) to support the optimization and effectiveness of the implementation of duties and functions in the field of business competition supervision and supervision of partnership implementation, on the other hand, the laws and regulations governing KPPU are no longer in accordance with the needs and dynamics of the organization and legal developments. The position, duties and functions of the Business Competition Supervisory Commission (KPPU) have been regulated sequentially in Article 1 to Article 3 of Presidential Regulation No. 100 of 2024 concerning the Business Competition Supervisory Commission.

Perlindungan Hukum Terhadap Data Pribadi Konsumen dalam E-Commerce: Perspektif Konstitusionalisme Digital

I Made Sugita — 2026-05-31

The process of registering personal data into electronic systems has led to an increase in the use of digital services, including e-commerce. However, this situation also increases the vulnerability of consumers' personal data leaks in e-commerce and subsequent misuse by irresponsible parties. Personal data and the right to privacy are constitutional rights that must be guaranteed and protected by the state, as mandated by Article 28G Paragraph (1) of the 1945 Constitution, as they are an integral part of human rights that must be protected in the use of digital platforms, including e-commerce transactions. The purpose of this study is to examine the legal protection of personal data in e-commerce from the perspective of digital constitutionalism and, second, to examine the responsibility of marketplaces for violations of consumer personal data management in e-commerce. The research method used in this study is normative legal research, which refers to doctrines and theories, laws and regulations, and previous research relevant to the problem at hand. The results show that various regulations governing personal data protection include both preventive and repressive legal protection. Preventive protection includes data usage consent, technical data security safeguards, and the establishment of an independent data supervisory authority. Meanwhile, repressive protection includes mechanisms for filing objections, complaints, and claims for compensation by consumers who feel disadvantaged in e-commerce. Marketplaces are legally responsible for any security system failures or negligence in the personal data of those using their services. If a marketplace fails to fulfill its obligations, it may be subject to administrative sanctions in the form of warnings, fines, temporary suspension of activities, and even criminal sanctions if proven to have caused harm.

Perlindungan Hak Cipta Karya Seni Lukisan Terhadap Plagiarisme Yang Menggunakan Artificial Inteligence

I Made Budiana — 2026-05-31

The progression of Artificial Intelligence (AI) technology presents new challenges in copyright protection, particularly regarding paintings that possess the unique characteristics and styles of their creators. The ability of AI to generate visual works through data scraping processes sourced from the internet potentially leads to acts of plagiarism, affecting both visual expressions and specific artistic styles. This study aims to analyze copyright regulations concerning paintings under Law Number 28 of 2014 on Copyright and to review the form of legal protection for creators against AI-driven plagiarism. This study applies a normative legal research method with a statutory and conceptual approach, supported by primary and secondary legal materials. The effect indicate that copyright protection for paintings is established through Moral Rights and Economic Rights, which arise automatically based on the declarative principle. However, specific regulations regarding AI-based plagiarism do not yet exist, resulting in losses for artists. Therefore, regulatory updates are necessary to adapt to these changes, ensuring legal certainty and optimal protection for creators in the digital era.

INTEGRASI NILAI KEADILAN RESTORATIF DALAM PERSPEKTIF HUKUM ADAT BALI DAN KUHP NASIONAL

Nengah Nuarta — 2026-06-03

The main problem in the integration of restorative justice values based on Balinese customary law into the national criminal law system lies in the absence of norms in the formulation of criminal law policies. Based on these problems, the following problems can be formulated: 1) How are the regulations and concepts of restorative justice in Balinese customary law and the National Criminal Code as part of Indonesian criminal law policy? 2) What is the model for integrating restorative justice values in Balinese customary law into the national criminal justice system to support the reform of Indonesian criminal law? This research is a normative legal research that focuses on the study of legal norms, related to the integration of restorative justice values based on local wisdom into the national criminal law system. The analysis of legal materials was carried out using the legal reasoning method. The regulation of restorative justice in the National Criminal Code has shown the direction of criminal law reform that recognizes the balance between the interests of perpetrators, victims, and the community and opens up space for recognition of living law. However, this recognition is still declarative and has not been followed by operational normative formulations regarding the position of customary law-based case resolution, especially Balinese customary law. The novelty of the proposed model lies in strengthening the position of customary settlements as the basis for terminating criminal justice processes and recognizing customary sanctions as a form of criminal punishment that restores social balance within the national penal system.

UPAYA PEMBAHARUAN HUKUM ACARA PERDATA DALAM PEMBANGUNAN HUKUM NASIONAL MELALUI PERKEMBANGAN ALAT BUKTI ELEKTRONIK

Kadek Endra Setiawan — 2026-05-31

Along with the advancement of information technology and telecommunications, the trade that is carried out electronically is also growing. As a result, evidence has developed with the emergence of electronic evidence which is an extension of valid evidence in accordance with the applicable procedural law in Indonesia. The purpose of writing this scientific journal is intended to better understand the urgency of civil procedure law reform in national legal development and the development and implications of evidence reform in civil procedure law reform. The research method used in this research is normative research method with legislative approach and conceptual approach. The result of this research is the urgency of civil procedure law reform in the development of national law is in the context of development in the field of law and efforts to improve national legal development, in addition to supporting the achievement of legal certainty. Electronic evidence has been regulated in the Company Documents Law and the ITE Law, but the two laws are not sufficient to meet the interests of practice related to proof using electronic evidence in resolving civil disputes to the court. Therefore, it is necessary to change the system of evidence in the settlement of disputes through the courts from a closed system to an open system in Indonesia through the reform of the national civil procedure law.

PERLINDUNGAN HUKUM TERHADAP PEMILIK HAK ATAS TANAH DALAM ERA DIGITALISASI SERTIFIKAT TANAH

Ni Made Trisna Dewi — 2026-05-31

The Indonesian government, through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), has initiated a land digitalization policy as part of the modernization of public services in the agrarian sector. This policy is implemented through Ministerial Regulation of ATR/BPN No. 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities, which governs the issuance of electronic land certificates to replace traditional physical ones. This transformation offers positive impacts in terms of efficiency, transparency, and accessibility of land data. However, it also introduces new legal challenges, particularly regarding the legal protection of land rights holders.

This article aims to provide a juridical analysis of the extent to which legal protection is granted to landowners in the digitalization era, focusing on legal certainty, data security, and mechanisms for dispute resolution. Using a normative legal research method and analyzing the provisions of Regulation No. 3 of 2023 along with other related land regulations, this study finds that while electronic certificates are legally recognized, several potential risks remain—such as data breaches, system errors, and limited digital literacy among citizens. Therefore, it is crucial to strengthen regulatory frameworks, improve digital security systems, and conduct comprehensive public outreach to ensure that the rights of landowners are fully protected.

The study recommends that the digital transformation of land administration be implemented gradually, inclusively, and accountably, accompanied by continuous policy development and strict oversight. Thus, land digitalization can serve not only as a tool for administrative modernization but also as a means to reinforce justice and legal certainty for all land rights holders in Indonesia.

Keywords: Legal protection, Land rights, Digitalization, Electronic certificates, Ministerial Regulation of ATR/BPN No. 3 of 2023