scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Perlindungan Aset Lokal Yang Belum Terdaftar Indikasi Geografis Dari Kejahatan Cybersquatting

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 504
Author(s):  
Ni Komang Cempaka Dewi ◽  
Putu Tuni Cakabawa Landra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Internet ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Research ◽  
Conceptual Approach ◽  
Domain Name ◽  
Domain Names ◽  
The Right

Many local Indonesian assets have not been protected by Geographical Indications and very vulnerable to being exploited by irresponsible parties, one of which is cybersquatting crime by registering a website address on the internet using the name of a geographically indicated product without the right as the legal owner then selling the domain name for expensive price causing losses for local Indonesian assets that have not been registered with Geographical Indications. The problem of this research: How is the legal protection on local assets that have not yet registered as Geogragraphical Indication from cybersquatting crime. The purpose of this research is to find out the legal protection of unregistered local asset as geographical indication product from cybersquatting. The legal research method used is the normative legal research method using the statutory approach and the conceptual approach. The result of the research is the protection of local assets from cybersquatting crimes that have not been protected by Geographical Indications is protected under Article 23 of the ITE Law and for every person whose rights are violated due to cybersquatting crimes, they have the right to file a lawsuit to cancel the unauthorized use of domain names by other parties.

scholarly journals REFORMULASI PENGATURAN PENILAIAN AHLI OLEH NOTARIS SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA

2021 ◽  
Vol 14 (1) ◽  
pp. 117-127
Author(s):  
Setiawan Wicaksono
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Expert Judgment ◽  
Expert Assessment ◽  
Positive Law ◽  
The Law ◽  
The Right

AbstractThis study aims to reformulate arrangements regarding expert judgment carried out by notaries through analysis of two regulations, namely, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Act) and Law Number 2 of 2014 concerning Amendments to the Law Number 30 of 2004 concerning the Position of Notary (JN Act). In Article 1 point 10 of the AAPS Act, it is stated that expert judgment is one way of resolving disputes outside the court. The sound of this article provides an opportunity for notaries to provide expert judgment in the event of a dispute between the parties in an authentic deed, however, both the AAPS Act and the JN Act have not provided a complete regulation on this matter. Therefore, a more complete arrangement is needed so that notaries can play a bigger role in resolving disputes that arise. Expert assessment carried out by a notary will help the parties to understand the main problem at hand and help resolve the dispute. The research method used is normative juridical research, namely research that is focused on examining the application of the rules or norms in positive law. The findings of this study are a complete arrangement regarding the right of notaries to provide expert judgments, as well as the legality of such assessments.Keywords: deed; expertise; notaryAbstrak Penelitian ini bertujuan untuk merumuskan pengaturan mengenai penilaian ahli yang dilakukan oleh notaris melalui analisa dua peraturan yaitu, Undang-undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa (UU AAPS) dan Undang-undang Nomor 2 Tahun 2014 tentang Perubahan atas Undang-undang Nomor 30 Tahun 2004 tentang Jabatan Notaris (UU JN). Pada Pasal 1 angka 10 UU AAPS disebutkan penilaian ahli merupakan salah satu cara penyelesaian sengketa di luar pengadilan. Bunyi pasal ini memberikan peluang bagi notaris untuk memberikan penilaian ahli apabila terjadi sengketa antara para pihak dalam sebuah akta autentik, namun baik UU AAPS dan UU JN belum memberikan pengaturan yang lengkap mengenai hal ini. Oleh sebab itu, diperlukan pengaturan yang lebih lengkap sehingga notaris dapat berperan lebih besar dalam penyelesaian sengketa yang muncul. Penilaian ahli yang dilakukan oleh notaris akan membantu para pihak untuk memahami pokok permasalahan yang sedang dihadapi dan membantu terselesaikannya sengketa tersebut. Metode penelitian yang digunakan adalah penelitian yuridis normatif, yaitu dengan penelitian yang difokuskan untuk mengkaji penerapan kaidah-kaidah atau norma-norma dalam hukum positif. Penemuan dari penelitian ini adalah pengaturan yang lengkap mengenai hak notaris untuk memberikan penilaian ahli, serta kekuatan hukum penilaian tersebut.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

Article 23—Common Provisions

2021 ◽  
pp. 408-408
Author(s):  
Eleonora Rosati
Keyword(s):  
Computer Program ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Computer Programs ◽  
Member States ◽  
Adjustment Mechanism ◽  
The Common ◽  
The Right

This chapter covers the common provisions in Article 23 of the copyright order in Europe, Directive 2019/790. It refers to Member States that are required to ensure that any contractual provision that prevents compliance with the transparency obligation and contract adjustment mechanism will be unenforceable in relation to authors and performers. It also looks at the legislation that causes non-compliance with the alternative dispute resolution procedure. The chapter points out that the provisions on the right of revocation do not apply to authors of a computer program within the meaning of Article 2 of Directive 2009/24/EC on the legal protection of computer programs. It emphasizes that the principle of appropriate and proportionate remuneration in Article 18 of Directive 2019/790 do not affect individuals involved in computer programs.

scholarly journals Police's Role in Investigation Process of Fraud Criminal Act of Civil Servants Candidate (Case Study of Police Station Binjai)

2020 ◽  
Vol 2 (2) ◽  
pp. 403-411
Author(s):  
Rizkan Zulyadi
Keyword(s):  
Alternative Dispute Resolution ◽  
Research Method ◽  
Civil Servants ◽  
Police Chief ◽  
Legal Research ◽  
Police Station ◽  
Scientific Nature ◽  
The Law ◽  
Investigation Process

This study tries to discuss the investigation process of civil servants candidate fraud in the jurisdiction of Police Station Binjai, and how are the efforts made by the police in preventing civil servants candidate fraud. The research uses the type of empirical legal research that is a legal research method that functions to see the law in the real sense and examine how the law works in the community. Because in this study examines people in living relationships in the community, empirical legal research methods can be said as sociological legal research. Research conducted based on the study of literature namely books, laws, journals, opinions of legal experts and academics of a scientific nature relating to the problem in writing this thesis. The results obtained are civil servants candidate fraud in the jurisdiction of Police Station Binjai in accordance with procedures, which are carried out by Pro Justitia and Non Pro Justitia with the understanding that there are up to court trials and some only up to the police because between the victims and the suspect made peace and the victim withdrew his complaint so that the police and investigators stopped their investigation on the basis of a North Sumatera Police Chief Telegram letter. Police. : STR / 315 / V / 2011, May 27, 2011 concerning the handling of alternative Dispute Resolution (ADR) cases and also in accordance with the Restotative Justice Principle.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

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