Lux Luris: Journal of Business Law

DYNAMICS OF LAW ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE ERA OF GLOBALIZATION

2026-07-28T23:15:22+08:00

This study examines the dynamics of Intellectual Property Rights (IPR) law enforcement in the era of globalization characterized by the development of digital technology, cross-border trade, and increasing innovation-based economic activity. Globalization has made IPR a strategic economic asset, but at the same time, it has given rise to various forms of violations such as digital piracy, trademark counterfeiting, patent infringement, misuse of industrial designs, and infringement through digital platforms. This study aims to analyze changes in IPR protection patterns, identify dominant forms of violations, examine the dynamics of law enforcement in Indonesia, and examine the challenges and role of the government in strengthening IPR legal protection. The method used is normative juridical with a statutory, conceptual, and case approach through a literature study of primary, secondary, and tertiary legal materials. The results of the study indicate that IPR law enforcement in Indonesia has an adequate normative basis, but its implementation is still hampered by technological developments that are faster than regulations, low IPR literacy, weak marketplace supervision, limited apparatus resources, and the complexity of digital evidence. In conclusion, IPR protection in the era of globalization requires legal harmonization, strengthening inter-agency coordination, digitalization of services, public education, and international cooperation to be able to encourage innovation and national competitiveness in a sustainable manner.

THE URGENCY OF INTEGRATING RESTORATIVE JUSTICE VALUES IN REFORMING THE CRIMINAL JUSTICE SYSTEM IN INDONESIA

2026-07-29T21:58:19+08:00

This study aims to analyze the dynamics of the Indonesian criminal justice system, the urgency of integrating restorative justice values, their implementation at each stage of criminal justice, a comparison of their implementation across several countries, and strategies for reforming them within the national legal system. This study uses normative legal methods with statutory, conceptual, and comparative approaches. The results show that the Indonesian criminal justice system is still dominated by a retributive paradigm oriented toward punishment, thus not being fully able to provide substantive justice for victims, perpetrators, and society. The dominance of imprisonment has triggered overcriminalization, overcrowding in correctional institutions, weak victim protection, and high recidivism rates. From a philosophical, sociological, and juridical perspective, restorative justice has a strong urgency to be integrated into the reform of the Indonesian criminal justice system. Its implementation can be carried out at the stages of investigation, prosecution, trial, and correctional through diversion, termination of prosecution, penal mediation, consideration of peace in decisions, and social reintegration. Comparisons with New Zealand, Canada, Australia, the Netherlands, and Norway demonstrate that the success of restorative justice is determined by a clear legal basis, institutional support, and effective victim participation. Therefore, reform of Indonesia's criminal justice system needs to be directed at reformulating criminal law policies, harmonizing regulations, integrating them into the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), strengthening the role of victims, training officers, digitizing administration, and implementing a continuous evaluation and monitoring system

HEIRS' RIGHTS AND DISTRIBUTION OF INHERITANCE IN THE PERSPECTIVE OF THE INDONESIAN CIVIL CODE (KUHPERDATA) AND THE COMPILATION OF ISLAMIC LAW (KHI)

2026-07-29T21:52:16+08:00

This study examines the inheritance rights of heirs under the Indonesian Civil Code (KUHPerdata) and the Compilation of Islamic Law (KHI), as well as the practical legal challenges arising from the coexistence of both systems in Indonesia. The research aims to analyze the legal basis, classification of heirs, inheritance distribution mechanisms, and the similarities and differences between KUHPerdata and KHI in regulating inheritance. This study uses a normative legal research method with statutory, conceptual, and comparative approaches. The legal materials consist of primary, secondary, and tertiary sources obtained through library research and analyzed descriptively and qualitatively. The findings show that KUHPerdata and KHI both recognize the rights of heirs and require the death of the decedent as the condition for inheritance to open. However, they differ in legal source, heir classification, distribution principle, testamentary limitations, and legal philosophy. KUHPerdata emphasizes civil law with equal distribution among heirs of the same class, while KHI applies Islamic inheritance principles based on fixed shares (faraid). In practice, the application of both systems faces challenges such as legal dualism, inheritance disputes, interpretation of wills, and new issues related to digital assets, joint marital property, and cross-border inheritance. Therefore, harmonization of inheritance law remains important to ensure legal certainty, justice, and orderly estate distribution in Indonesia

THE ROLE OF THE CORRUPTION ERADICATION COMMISSION (KPK) IN ADDRESSING CORRUPTION CRIMES IN INDONESIA

2026-07-30T09:11:47+08:00

This article examines the role of the Corruption Eradication Commission (KPK) in Indonesia by analyzing its establishment, institutional development, preventive functions, repressive enforcement role, coordination with other law enforcement agencies, and major contributions to anti-corruption governance. Using a qualitative descriptive method with a library research approach, the study relies on secondary sources, including laws and regulations, official institutional documents, journal articles, books, and credible media reports. The analysis is conducted from a normative-legal perspective to understand the KPK’s position within Indonesia’s criminal justice system and its broader role in strengthening accountability and public integrity. The findings show that the KPK was established through Law Number 30 of 2002 as an independent institution to address the limitations of conventional law enforcement agencies in handling corruption cases, especially those involving high-ranking officials and complex networks. Its preventive role is reflected in public education, integrity-building programs, corruption risk assessments, public service monitoring, and digital transparency initiatives. Meanwhile, its repressive role includes investigation, evidence collection, arrest, asset tracing, prosecution before the Corruption Court, and execution of court decisions. The KPK also plays an important coordinating and supervisory role in collaboration with the Indonesian National Police, the Attorney General’s Office, financial supervisory bodies, internal auditors, and other anti-corruption stakeholders. In terms of achievement, the KPK has contributed to handling numerous corruption cases, recovering state financial losses, improving public trust, and encouraging bureaucratic reform. Overall, the KPK remains a strategic institution in Indonesia’s anti-corruption framework, although its effectiveness continues to depend on institutional independence, legal support, and political commitment.

THE ROLE OF LEGAL SOCIOLOGY IN UNDERSTANDING PUBLIC COMPLIANCE WITH INDONESIAN REGULATIONS

2026-07-30T09:21:02+08:00

This study examines legal compliance from the perspective of the sociology of law, emphasizing the interaction between legal norms and social realities. The increasing complexity of modern society requires legal systems that are not only normatively valid but also socially effective. However, the persistence of low public compliance with legal regulations indicates a gap between law in theory (das sollen) and law in practice (das sein). This research employs a qualitative approach with a descriptive-analytical design, relying on secondary data derived from academic literature, legal documents, and relevant scholarly sources. The findings reveal that legal compliance is influenced by a combination of internal factors—such as legal awareness, education, moral values, and legal knowledge—and external factors, including law enforcement effectiveness, regulatory quality, social environment, cultural norms, media influence, and economic conditions. Furthermore, the study highlights that structural, cultural, and interactionist approaches provide a comprehensive framework for understanding compliance as a multidimensional social phenomenon. The effectiveness of law is strongly determined by legitimacy, public trust, and the perception of substantive justice. The study concludes that a sociological approach is essential for bridging the gap between normative law and its practical implementation, and for developing more responsive, inclusive, and effective legal policies.