Kholis Roisah’s research while affiliated with Fakultas Kedokteran Universitas Muslim Indonesia and other places

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Publications (58)


ANALISIS STANDAR PENERBANGAN DI INDONESIA BERDASARKAN HUKUM UDARA INTERNASIONAL
  • Article

October 2024

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5 Reads

MASALAH-MASALAH HUKUM

Puan Maharani Kusumadewi

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Kholis Roisah

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Adya Paramita Prabandari

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Kesalahan manusia dapat menyebabkan kecelakaan penerbangan. Oleh karena itu, manajemen suatu negara harus memiliki sistem yang terpercaya untuk memastikan penerbangan yang aman dan nyaman. Penelitian ini mengkaji persyaratan keselamatan dan keamanan penerbangan Indonesia serta implementasinya dibandingkan dengan hukum dan peraturan penerbangan internasional. Penelitian ini menganalisis data menggunakan penelitian doktrinal. Studi ini menemukan bahwa Indonesia menerapkan monisme dengan doktrin inkorporasi dan dualisme dengan doktrin transformasi. Indikator keselamatan penerbangan dan indikator keamanan penerbangan menunjukkan implikasinya. Menurut penelitian ini, semua pihak harus memiliki kesadaran hukum untuk mematuhi semua hukum dan peraturan yang ada. Kampanye budaya keselamatan penerbangan secara nasional juga diperlukan. Gerakan ini dimaksudkan untuk memberikan ketenangan kepada penumpang pesawat.


The implementation of state's rights and obligations in outer space: is it equal?
  • Article
  • Full-text available

September 2024

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18 Reads

Jurnal Ilmiah Hukum LEGALITY

The provisions of Outer Space Law govern a state's activities in outer space. The implementation of such activities needs advanced technology, which limits the ability of many countries to explore and exploit outer space. Data indicates that developed nations dominate outer space management, leaving countries without access to sophisticated technology unable to participate fully in space exploration and exploitation. This dominance triggers disparity between developed and developing countries, leading to unequal application of rights and obligations as outlined in Outer Space Law. While the law promotes international collaboration to address this issue, it does not explicitly require developed countries to involve developing nations in outer space activities. This study aims to refine the concept of international collaboration to ensure fair management and exploitation of outer space by all countries. This study is normative in nature, focusing on evolving the concept of international collaboration in outer space. Primary and secondary legal materials and non-legal sources were used as secondary data collected through a literature review and analysed qualitatively. The developed concept emphasises international cooperation and mutual assistance, proposing a framework for collaboration between developed and developing countries. This concept seeks to ensure equitable management of outer space. It reshapes the rights and obligations of states by encouraging all launching states to involve developing countries in space exploration and exploitation.

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Measurable Fishing as An Attempt of Preventing Overfishing Phenomenon in Indonesian Waters

September 2024

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8 Reads

Lex Scientia Law Review

Kholis Roisah

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Rahayu Rahayu

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Peni Susetyorini

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[...]

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Saidatul Nadia Abd Aziz

This research focuses on analyzing the effectiveness of the provision about the measurable fishing as specified in the Government Regulation Number 11 of 2023 as an attempt of preventing overfishing and maintaining the sustainability of biodiversity in Indonesian waters and sea territory. This study is a normative research with statute approach. The data used was secondary one consisting of primary legal, secondary legal, and non-legal materials. Overfishing phenomenon is a serious problem endangering ocean resource and environment. Some countries have reported the overfishing problems damaging the sea ecosystem. Indonesia is one of countries predictably encountering overfishing phenomenon, particularly in northern Java water territory. The indicators of overfishing phenomenon are smaller size of fish and fewer fish caught requiring the fishermen to go farther to catch fish. The fact of overfishing leads to a policy about zone-based measurable fishing and catching quota. This policy can cease overfishing phenomenon because it can control and monitor fish catch, and thereby makes resource and environment better in water or sea territory. Considering the conclusion of research, the concept of measurable fishing formulated by Indonesia is based on zone and quota. Zone base prioritize equal share for the fishermen, promotes economic growth, and determines the capacity of catch allowed for a certain species, while quota base focuses on the limitation of fish catching level based on the potency of fish caught that can control the fishing rate according to the fish resource.


Open Access Institutional Repository in the Digital Era: Preventing or Increasing Plagiarism?

August 2024

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15 Reads

Yustisia Jurnal Hukum

The open access controversy related to the increased risk of plagiarism of scientific works at institutional repositories is the primary motivation for this research, with the aim of the study being to understand and analyze the phenomenon of open access at institutional repositories copyright infringement. This research uses a normative juridical approach or doctrinal legal research method. Implementing an open-access institutional repository system policy basically cannot eliminate the practice of plagiarism in writing scientific works in the world of education. Still, the open-access institutional repository movement can improve the ability of the general public to assess, review, differentiate, compare, and refer to scientific works. Universities in various countries implement diverse strategies to prevent plagiarism in open access institutional repositories (OAIR), such as use of plagiarism detection software, strict police and guidelines, training and education, review and evaluation process, enforcement of rules and sanctions. These approaches aim to uphold academic integrity and ensure that all publications in open repositories meet high global standards.


Human Rights Defenders in Indonesia's Digital Age: Navigating Limited Spaces in the Quest for Digital Democracy

July 2024

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23 Reads

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1 Citation

Sriwijaya Law Review

The enactment and application of the Electronic Transaction Information Law are pivotal for delineating the appropriate boundaries for exercising freedom of opinion and expression within Indonesia's digital sphere. According to reports from international digital rights research and advocacy organizations, online media journalists and human rights activists frequently encounter direct pressure and cyber harassment. This article explores the balance of freedom of expression in Indonesia's digital domain to ensure a secureenvironment for human rights defenders advocating for human rights. This study uses socio- legal methodologies to draw on data from literature reviews and in-depth interviews. It underscores the need for regulatory reforms to define prohibited hate speech explicitly. SAFENet documented 153 cyber-attacks in Indonesia in 2022, predominantly targeting civil society groups, students, activists, and journalists. Additionally, the National Committee on Human Rights reported that 52% of attacks on human rights defenders occurred in the digital realm. While the protection of digital democracy varies by nation, Indonesia must establish aninstitution responsible for properly enforcing the ITE Law alongside an independent monitoring mechanism and related policies. Such institutions, including those dedicated to human rights defenders, uphold human rights and demonstrate a commitment to the principles of freedom, respect, equality, and dignity within society.


The Prospects of Intellectual Property Rights as a Credit Collateral: An Indonesia-Singapore Comparative Study

December 2023

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55 Reads

Jurnal Hukum Novelty

Introduction to The Problem: The development of the creative industry has an impact on the need for capital. The government has made new policies related to the financing mechanism of the creative economy through Peraturan Pemerintah (PP) Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy. The government is trying to provide support in the form of a credit financing scheme with IPR as a collateral to financial institutions.Purpose/Objective Study: This study aims to determine the prospects of IPR as a credit guarantee after the issuance of PP Number 24 of 2022. To see the extent of the effectiveness of the PP, this study presents a comparison of IPR commercialization in Singapore, which is one of the countries that has successfully implemented IPR as a credit.Design/Methodology/Approach: The research method used is normative juridical with analytical descriptive specifications.Findings: The results indicated that to implement IPR as a credit guarantee, collaboration between institutions is needed, and several instruments must be fulfilled, namely concerning legal regulations, government institutions, financial institutions, valuation institutions, insurance institutions, and secondary markets. Indonesia does not fully have these six instruments, especially in terms of institutions related to valuation institutions and their technical implementation guidelines, insurance institutions in case of bad credit, and the secondary market as the last place to sell IPR assets. The implication is that IPR-based credit financing for creative economy actors in Indonesia has not run optimally.Paper Type: Research Article


Data of Maritime and Fishery Production
Legal Development in the Overcoming Overfishing in Indonesian Coastal Areas

November 2023

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170 Reads

Journal of Indonesian Legal Studies

Indonesia is an island state having so broad sea area. It makes Indonesia have advantages in maritime sector. One of sea areas with abundant resource potency in Indonesia is the coastal area. This coastal area is important to Indonesian people because many people rely on the area for their life. Abundant resource in coastal area does not guarantee the good welfare level to the people. It is because of some problems occurring in the coastal area management. One of important problems having an impact on coastal area is overfishing phenomenon. Overfishing is an activity of fishing excessively beyond the fish resource’s recovering ability. The activity, of course, results in coastal ecosystem damage and then leads to the low productivity. Overfishing phenomenon in coastal area results from the legal problem ending up in law uncertainty, authority conflict, and bio-geophysical damage of resource existing in coastal area. This research aims to prevent overfishing from spreading widely to other coastal areas and to overcome the overfishing activity that has occurred in coastal areas. It can be accomplished through legal development in the management of coastal area. This research used normative legal research method using primary, secondary and non-legal materials as data source, the collection of which was conducted using document study. Data analysis was conducted qualitatively with data validity using credibility, transferability, dependability, and conformity elements.


Figure 1. A logo contains a cultural artifact, a monument of Tugu Yogyakarta. 13
The Utilization of Cultural Artifacts Used in Business Activities Reviewed from Intellectual Property Rights Regulations in Indonesia

September 2023

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55 Reads

International Journal of Social Science and Human Research

The utilization of cultural artifacts used in business activities requires an utilization permit from The Department of Tourism or The Ministry of Education, Culture, Research, and Technology. In utilizing them, legal protection is necessary to ensure the protection of human rights. Permission to utilize cultural artifacts is mandatory, and sanctions will imposed. This research uses the doctrinal approach by analyzing secondary data, especially about intellectual property rights regulations. The results of this research conclude that to utilize cultural artifacts in business activities requires permission from the Department of Tourism or The Ministry of Education, Culture, Research, and Technology. Utilizing cultural artifacts in business activities ruled by Articles No. 32-38 of Law No. 5 of 2017 on Cultural Advancement and Article No. 33 of Government Regulation No. 56 of 2022 on Communal Intellectual Property. Those articles discussed that any person who wants to utilize cultural artifacts has to get permission from the minister above, otherwise will get administrative sanctions. The mentioned administrative sanctions include verbal warnings, written warnings, administrative fines, temporary cessation of activities, and revocation of permits


The Impact of the Trips Agreement in the Framework of Providing Industries Based on Traditional Cultural Expression

September 2023

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58 Reads

International Journal of Social Science and Human Research

Indonesia, rich in EBT, has promising economic potential, especially related to the tourism and creative economy industries. Indonesia's original cultural wealth claimed to belong to other countries, amounts to 34 types of culture. This condition is undoubtedly detrimental to society. This study aims to analyze how the protection of industrial products based on traditional cultural expressions as part of Intellectual Property Rights after the entry into force of the TRIPS Agreement and to analyze how intellectual property rights law in Indonesia should be in order to protect traditional cultural expressions from claims by other countries. The research method used in this study is normative legal research that examines secondary data sources from literature studies in books, regulations, notes, and research results from previous studies. Efforts to protect traditional cultural expressions after the entry into force of the TRIPS Agreement with the inclusion of EBT in Law no. 28 of 2014 concerning Copyright. IPR law in Indonesia protects traditional arts from claims made by other countries by drafting adequate legislation, namely by issuing Law No. 5 of 2017 concerning the Advancement of Culture, which protects industrial products based on traditional cultural expressions to prevent claims and piracy from foreign parties.


The Concept of IPR Ownership in the Context of the Copyright Legal System and Indonesian Society’s Cosmology

August 2023

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67 Reads

International Journal of Social Science and Human Research

Ownership is conceptualized as a human right that gives the authority to order something that is owned. As a legal state, Indonesia regulates intellectual property rights, including copyright. In this study, normative legal research is used, which is descriptive-analytical. Copyright is an exclusive right or right owned by the creator of certain information and ideas to reproduce and regulate his work. The concept of ownership in copyright gives creators economic and moral rights automatically protected by the state through copyright law. In contrast, the principle of customary law is the concept of communal ownership. Customary law is more concerned with the interests of society than individual interests. In the cosmology of Indonesian society, most do not recognize individual ownership, but the concept of ownership in the culture of society only recognizes communal property rights or shared property, so the concept of IPR is not known in the culture of Indonesian society.


Citations (28)


... Southeast Asia, is renowned for its remarkable diversity, being home to over 300 ethnic groups and a wide range of religious beliefs. This rich mosaic of cultures and faiths has shaped Constitution specifies that "Indonesia is a lawbased state," demonstrating that Indonesia acknowledges and safeguards human rights, including the freedom to practice one's religion (Ishak, 2022;Rahayu et al., 2024). The 1945Constitution, or Undang-Undang Dasar 1945(UUD 1945, is the cornerstone of Indonesia's legal and political framework. ...

Reference:

Compulsory Testament: State Intervention in the Protection and Fulfillment of Human Rights of Non-Muslim Heirs
Human Rights Defenders in Indonesia's Digital Age: Navigating Limited Spaces in the Quest for Digital Democracy

Sriwijaya Law Review

... The legal research focuses on the original Indonesian proportionality analysis model and its application in MKRI decisions, particularly competing rights cases. It used normative legal research methods to analyze the problems doctrine, principles, and norms in the text of laws and regulations (Roisah et al., 2022). These were legislation and case approaches. ...

Dynamics And Practices Of The Implementation Of International Treaties In Indonesian Laws

Journal of Military Studies

... However, in practice, demonstrations are often met with repressive measures by security forces, especially when they are perceived as a threat to stability or certain political interests. The use of excessive force, arbitrary arrests, and acts of violence are frequently employed, thereby violating fundamental human rights principles, including the right to peaceful assembly and expression (Puspita & Roisah, 2023). ...

Legal Protection of Intellectual Property Rights for Handicraft Innovations in Indonesia’s Legal System
  • Citing Article
  • July 2023

International Journal of Social Science and Human Research

... Aurellia, N., & Roisah, K. (2023). Legal Protection against Unregistered Marks and Unfair Competition Practices (Comparative Study of Indonesia and the United States). ...

Legal Protection against Unregistered Marks and Unfair Competition Practices (Comparative Study of Indonesia and the United States)

International Journal of Social Science and Human Research

... Terjadinya sertifikat-sertifikat ganda mengakibatkan cacat hukum seperti sertifikat palsu atau sertifikat ganda di pengaruhi oleh faktor-faktor intern dan ekstern [13]. Faktor intern antara lain : a. Tidak dilaksanakannya undang-undang pokok agrarian dan peraturan pelaksanaan secara konsekuen dan bertanggung jawab disamping masih adanya orang yang berbuat untuk memperoleh keuntungan pribadi. ...

Tinjauan Yuridis Penerbitan Sertifikat Tanah (Studi Di Kantor Pertanahan Kabupaten Garut)
  • Citing Article
  • December 2021

NOTARIUS

... Pendekatan perundang-undangan (statue approach) yaitu mengkaji ketentuanketentuan yuridis tentang hak cipta. Pendekatan perundang-undangan (statue approach) dengan cara lebih spesifik akan melakukan kajian terhadap perundangundangan yang terkait dengan pembahasan rumusan masalah (Fafitrasari et al., 2021). Pendekatan deskriptif yaitu menggambarkan suatu peristiwa yang terjadi saat ini secara aktual. ...

Perlindungan Hukum Lagu Yang Diaransemen Ulang Berdasarkan Undang-Undang Hak Cipta
  • Citing Article
  • December 2021

NOTARIUS

... In accordance with Article 99 Paragraph 4 of Copyright Law no. 28/2014, designers or copyright holders can apply for a temporary injunction to the Commercial Court (Restuningsih, Roisah, and Prabandari 2021). A person can submit a request to request the confiscation of a work that has been published, duplicated, or a copying tool used by the plagiarist. ...

Perlindungan Hukum Ilustrasi Digital Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta
  • Citing Article
  • December 2021

NOTARIUS

... Pelanggaran hukum humaniter internasional salah satunya perang dan konflik bersenjata dapat diadili melalui International Criminal Court (ICC) atau Mahkamah Pidana Internasional yang dibentuk berdasarkan Statuta Roma tahun 1998 sebagai penjahat perang (Christmas & Roisah, 2021). Stigma penjahat perang menjelaskan gambaran betapa perilaku militer dalam perang dan konflik bersenjata tidak sesuai dengan tujuan masyarakat internasional yang tertuang dalam Pasal 1 Piagam PBB yaitu memelihara perdamaian dan keamanan internasional (Prisilia, 2021). ...

Status Hukum Implementation Legislation Negara Pihak Terhadap Penarikan Diri Statuta Roma 1998

Jurnal Pembangunan Hukum Indonesia

... This well-known brand has a very good reputation, which increases sales value; therefore, the famous brand becomes a high-value wealth asset that can bring large profits to the brand owner at any time. This causes well-known brands to have a big potential risk of becoming targets for dishonest profit-seeking exploitation by entrepreneurs or traders by counterfeiting or imitating the famous brand (Roisah & Setiyono, 2019). Trademarks, which are basically used to preserve the uniqueness or distinctive character of a sign, are actually misused by competitors by reducing the privileges of a well-known trademark. ...

PENERAPAN TRADEMARK DILUTION PADA PENEGAKAN PERLINDUNGAN HUKUM HAK MEREK TERKENAL DI INDONESIA

LAW REFORM

... In addition, a profit share of 3% is not guaranteed. Sharia principles, group cooperation, trust, ease of use, and blessings are used in the support of this group of micro business actors (Disemadi & Roisah 2019). It is not difficult for business actors to feel the welfare of life while contributing to regional and national economic growth (Harahap et al., 2019). ...

KEBIJAKAN MODEL BISNIS BANK WAKAF MIKRO SEBAGAI SOLUSI PEMBERDAYAAN EKONOMI MASYARAKAT

LAW REFORM