Journal of Business, Management, and Social Studies

The Urgency of Establishing a Legal Regime for the Right of Publicity in Indonesia: A Study of Legal Politics and International Comparison

2025-06-05T09:15:46+08:00

This study investigates the urgency of establishing a dedicated legal regime for the Right of Publicity in Indonesia. It explores how the country’s fragmented regulatory landscape fails to adequately protect personal identity attributes such as name, image, and voice, especially in the face of AI, deepfakes, and the global digital economy. The primary research question is: How should Indonesia respond to the digital commercialization of identity through legal reform? This research employs a normative legal method supported by a legal-political framework, human rights theory, law and economics, and comparative legal analysis. It examines Indonesian laws, international instruments, and comparative frameworks from the United States and the European Union. The study finds that Indonesia lacks a coherent legal regime to protect the commercial use of personal identity. The existing protections across the Copyright Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law are fragmented and insufficient. Comparative analysis reveals that while the U.S. treats the Right of Publicity as an economic right, the EU embeds it in personality and data protection laws. The paper advocates for regulatory reform to fill the legal vacuum. This paper provides a novel interdisciplinary approach by integrating legal politics and comparative law with human rights and economic theories. It uniquely proposes a hybrid model for Indonesia’s legal reform—drawing from both the U.S. and EU—while recommending a dedicated statute or integration into IP or PDP laws, supported by ethical guidelines, digital literacy campaigns, and a semi-independent regulatory body.

Igniting the Spirit of the Personal Data Protection Law: Advancing Justice, Ethics, and Institutional Reform in Indonesia’s Digital Legal Politics

2025-06-13T09:19:45+08:00

This study investigates the legal and institutional challenges in implementing Law Number 27 of 2022 on Personal Data Protection (PDP Law) in Indonesia, with a particular focus on its capacity to uphold justice, ethical governance, and technological accountability in the digital age. This study employs a juridical-empirical approach through a comprehensive literature-based analysis. It integrates classical legal theories such as the Rechtsstaat principle and Gustav Radbruch’s Trichotomy of Law, alongside modern frameworks, including Responsive Law, Living Law, the concept of the Digital Panopticon, and Behavioral Law. This study reveals that the current PDP Law suffers from several deficiencies, notably the absence of an independent supervisory authority, the lack of explicit mechanisms for algorithmic oversight and the right to explanation, and inadequate remedies for data breach victims. These issues hinder the law’s effectiveness in confronting the complexities of digital society. This study introduces a cross-generational theoretical framework that connects foundational legal principles with contemporary digital realities. It offers a normative and institutional pathway to reform Indonesia’s data protection regime towards a more just, ethical, and human-centered legal order.

Legal Protection of Consumers in Sales and Purchase Transactions Through E-Commerce

2025-06-07T11:31:08+08:00

This study aims to examine the legal protection available to consumers in e-commerce transactions and to analyze the legal responsibilities of parties involved in such digital trade interactions. The research uses a normative juridical method by analyzing legal theories, concepts, principles, and relevant statutory regulations, particularly those relating to electronic transactions and consumer protection law. The study concludes that consumer protection in e-commerce has been formally regulated under Law Number 11 of 2008 concerning Electronic Information and Transactions. This law provides specific provisions for safeguarding consumers from fraudulent digital trade practices. In cases of loss, consumers can seek redress through the Consumer Dispute Resolution Agency (BPSK) or the court. Business actors violating these provisions may face cumulative criminal sanctions, including imprisonment, fines, and administrative penalties. This paper highlights the significance of legal certainty and enforcement mechanisms in protecting digital consumers. It reinforces the relevance of adapting traditional legal protections to modern digital commerce environments, and emphasizes the state’s role in balancing business innovation with consumer rights in the digital economy.