DISSENTING OPINION PUTUSAN SENGKETA MEREK PIERRE CARDIN INDONESIA MELAWAN PIERRE CARDIN PERANCIS DALAM KAJIAN HUKUM ISLAM: Studi Putusan Mahkamah Agung Nomor 557 K/Pdt.Sus-HKI/2015

JURISDICTIE ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 91
Author(s):  
Masrifatun Mahmudah
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Bad Faith ◽  
Conceptual Approach ◽  
Trademark Law ◽  
The Supreme Court

<p>This article intents to examine the dissenting opinion in the judges consideration on the Supreme Court Decision No. 557 K/Pdt.Sus-HKI/2015. This article is normative research with statute approach dan conceptual approach. The legal material on this research consist of primery legal materials namely Law No. 15 of 2001 on Trademark and Supreme Court Decision No. 557 K/Pdt.Sus-HKI/2015, while the secondary legal materials are books, journals, research related to trademarks. The judge decide to reject the application of Pierre Cardin because the petition of Pierre Cardin has passed a period of five years from the registration of Pierre Cardin Indonesia. However, the conclusion of this study revealed that Pierre Cardin entitled to be protected because it is a well-known mark. Finally, Pierre Cardin Indonesia has violeted the terms of article 4 jo article 6 paragraph (1) letter b of Trademark Law because he has a bad faith and had imitated the well-known mark.</p>

scholarly journals The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben Samuel Onsu vs PT Ayam Geprek Benny Sujono)

2020 ◽  
Vol 10 (2) ◽  
pp. 250-259
Author(s):  
Nurhani Fithriah
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Geographical Indications ◽  
Trademark Law ◽  
Business People ◽  
The Supreme Court ◽  
Trademark Registration

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 - Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtainedafter the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.

ANALYSIS OF ELEMENT ‘UNLAWFUL’ OF CORRUPTION IN THE BANKING SECTOR (STUDY OF THE SUPREME COURT DECISION NUMBER 1812 K / PID.SUS / 2014)

2020 ◽  
Vol 9 (3) ◽  
pp. 397
Author(s):  
Angga Wijaya Holman Fasa ◽  
Ferianto Ferianto ◽  
Tommy Hendrix
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Banking Sector ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Bank Credit ◽  
Conceptual Approach ◽  
Application Of Law ◽  
Banking Service ◽  
The Supreme Court

The banking sector as one of the drivers of the national economy plays an important role in funding a business through bank credit distributing activities. In practice, this banking service raises legal problems, not only banking crimes but also corruption. Supreme Court Decision No. 1812 K / PID.SUS / 2014 on behalf of the Defendant Dian Siswanto, S.E. MM., in the case of a corruption shows this. This paper examines the element of unlawful and abuse of authority in cases of corruption in the banking sector. The research method used is normative law which is prescriptive with a statute approach, a conceptual approach, and a case approach. The results show 2 (two) things, first, that the defendant's actions met the unlawful element in the act of corruption as charged in the primary indictment. Second, the judge had wrongly in the application of law based on the subsidiary indictment concerning abuse of authority which was not fulfilled. The judge in this case, was not punctilious in digging up legal facts and was not correct in applying the law. Therefore, in the case of deciding a case, if the charges are of subsidiarity, the judge should prove the primary indictment carefully before deciding based on the subsidiary indictment to create justice, benefit and legal certainty in law enforcement in general, and especially for the accused.

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

2019 ◽  
Vol 1 (2) ◽  
pp. 172
Author(s):  
Alip Pamungkas Raharjo ◽  
Elok Fauzia Dwi Putri
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Before And After ◽  
The Republic ◽  
A Share

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance. 

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

2019 ◽  
Vol 1 (2) ◽  
pp. 172
Author(s):  
Alip Pamungkas Raharjo ◽  
Elok Fauzia Dwi Putri
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Before And After ◽  
The Republic ◽  
A Share

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance.Keywords: Non Moslem Heir, Legacy, Moslem Heir, The Supreme Court Decision Number 331 K / AG / 2018

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