Indonesian Law Journal

FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 16 N0. 2, 2023

Mas Subagyo Eko Prasetyo — 2023-12-20

The 2023's second edition of Indonesian Law Journal Volume 16 No. 2 has been published. The discussion topic of this edition is The Legal Perspective on NFT and Metaverse as Future Intellectual Property Issues. This edition presents 5 (five) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.

STRENGTHENING THE LEGAL PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY TO ANTICIPATE MISUSE BY FOREIGN PARTIES

Mas Subagyo Eko Prasetyo — 2023-12-18

The adoption of Communal Intellectual Property (CIP) into laws and regulations (wettelijk regeling) in Indonesia began with the inclusion of Traditional Cultural Expressions (TCE) in Law Number 28 of 2014 concerning Copyright. Copyright Law does not define Communal Intellectual Property (CIP) or Traditional Cultural Expressions (TCE). However, the definition of CIP and TCE has received confirmation in Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. The absence of regulation on CIP in a special law makes CIP's position weak conceptually and in terms of its protection, so the indigenous peoples' position still needs to be stronger as a subject of CIP. This research uses a normative juridical approach. This study aims to analyze CIP's position in Copyright Law and provide input so that CIP has legal force in Indonesia. To strengthen the legal position of Communal Intellectual Property, it is necessary to regulate norms in the form of sui generis laws which aim to guarantee legal certainty for Communal Intellectual Property in Indonesia.

DIGITAL ASSET AND PERSONAL DATA PROTECTION IN THE METAVERSE: ANALYZING THE IMPLEMENTATION OF INDONESIAN LAWS IN ADDRESSING CHALLENGES IN THE VIRTUAL ERA

Koento Pinandito Nugroho Irianto — 2023-12-18

The rapid growth of metaverse technology significantly impacts the security of digital assets and personal data privacy. This qualitative study employs a social legal approach to analyze the implementation of Indonesian law concerning the protection of digital assets and personal data in the metaverse. Emphasizing the analysis of positive legal norms and principles in Indonesia, the research identifies potential barriers and necessary improvements in addressing virtual era challenges. By delving into existing regulations, the study outlines the legal framework governing digital assets and personal data in the metaverse context. The analysis focuses on legal responses to virtual environment dynamics, including data leaks, identity theft, and other cybersecurity threats. The findings aim to provide a profound understanding of Indonesia's legal effectiveness in safeguarding digital assets and personal data in the metaverse, offering practical implications for stakeholders to enhance legal protection in response to evolving metaverse technologies.

REGULATING THE METAVERSE: ENSURING LEGAL PROTECTION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL LANDSCAPE

Dicky Surya Dharma — 2023-12-18

The rapid digital tech growth has led to Non-Fungible Tokens (NFTs) and Metaverse rise. NFTs are blockchain-based certificates for virtual ownership. Metaverse offers 3D virtual reality for shared experiences, shaping new social and interactive norms. Business, like investing and ownership, thrives within it. However, Indonesia lacks comprehensive regulations for its legal aspects, potentially affecting user rights and copyright. The purpose of this research is to conduct an analysis, especially regarding metaversion regulations, especially in relation to intellectual property so that it becomes reference material for the public and policy makers. Research method using qualitative methods. Research results related to copyright protect the creator, transfer of ownership with purchase. Due to the limited regulation of NFTs, legal protection, especially of intellectual property rights, is very important. Registering each NFT artwork under IP rights ensures legal protection for all created works. Research also shows that there is a gap where the existing law only relates to Intellectual Property but does not yet address the metaverse world which in fact is a virtual world, so this study is very important to support the sustainability of intellectual property in the current metaverse world.

THE FUTURE OF INTELLECTUAL PROPERTY PROTECTION: ISSUES AGAINST THE METAVERSE AND NON-FUNGIBLE TOKENS (NFTs)

Habbi Firlana — 2023-12-19

Intellectual property protection is a right that must be granted by the state to the holder of a work and the increasing number of intellectual property rights problems such as theft of a work or indirect theft, for example, plagiarism, means that it is very necessary to protect every work produced. This research uses a literature review. This research aims to provide information on the results of analyses related to the protection of intellectual property which has caused many problems related to intellectual property. The results of this research show that the blockchain system must also be utilized by the Indonesian Government to become a central database for virtual intellectual property and public domain collections. Legal protection in Indonesia still needs to be strengthened on the law enforcement side to provide legal certainty for stakeholders so that public confidence arises in registering their intellectual property. Legal protection in Indonesia still needs to be strengthened on the law enforcement side to provide legal certainty for stakeholders so that public confidence arises in registering their intellectual property.

REGULATION RESPONDING TO INNOVATION: ADDRESSING THE POTENTIAL THREATS TO NFT AND METAVERSE INTELLECTUAL PROPERTY

Annisa Hafizhah — 2023-12-19

In recent years, technological advancements have brought forth significant innovations in various sectors, including the realm of intellectual property. Notable among these innovations are Non-Fungible Tokens (NFTs) and the virtual universe (Metaverse). While these innovations offer new opportunities for intellectual property creators, they also pose potential threats to the ownership of intellectual assets. This article presents a normative legal research, descriptive in nature and based on primary and secondary literature. The gathered data is analyzed using a qualitative method, incorporating statute and conceptual approaches, as well as comparative analysis. The study aims to analyze how regulations can respond to these innovations, highlighting potential threats related to intellectual property infringement, identity theft, privacy, and money laundering. It also explores legal protection efforts for intellectual assets found in NFTs and Metaverse in line with existing regulations, community guidelines, and collaboration with various stakeholders.