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

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.

2020 ◽  
Vol 1 (1) ◽  
pp. 13-18
Author(s):  
A.A. Ngurah Bagus Bayu Prasetia ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspa Sutari Ujianti

With the current development, there are many well-known brands circulating in the market all over Indonesia, especially the ones that are deliberately counterfeited by business actors violating existing regulations for profit. The circulation of a well-known brand that is widely fabricated has spread to all levels of society. With the existence of various well-known brands, there will be a negative impact, such as the emergence of brand violations which is a form of unfair business competition. This study examines the regulation towards the well-known brands in Indonesia and the legal protection for well-known brands in relation to unfair business competition in Indonesia. To achieve these goals, this study was conducted using normative legal research method. Initially, the regulation of the famous brands is regulated in the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). At this time, Indonesia has made its own regulations regarding Famous Marks and most recently the Regulations regarding famous marks are regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Preventive legal protection aims to provide a legal umbrella for entrepreneurs who have well-known brands to anticipate violations. Repressive legal protection provides the final legal umbrella for imposing sanctions on business actors who deliberately copy the famous brands that have been registered in Indonesia. Civil and criminal remedies are given when a dispute has occurred or a violation has been committed. The government should conduct socialization regarding the forms of violations. Entrepreneurs should be more creative and advertise their own brands more so that people can get clear information about well-known brands, both genuine and the counterfeited.


2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.


2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online


2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.


Author(s):  
I Wayan Juwahyudhi

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.


2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.


2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti

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.


2021 ◽  
Vol 2 (3) ◽  
pp. 531-537
Author(s):  
Ni Made Wismantari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti

The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.


Author(s):  
Haris Budiman ◽  
Bias Lintang Dialog

The existence of UKM in Kuningan Regency is very diverse not only in the form of traditional foods of Kuningan but also spread in various creative businesses. That the Government's policy is clear, as of December 31, 2015 has opened the MEA or the Asean Economic Community, so that it has an impact on the circulation of trade traffic that will involve various countries and crossing national borders, including possibly coming to Kuningan, will enter foreign entrepreneurs to join in the competition with existing SMEs. The problem discussed is how to increase the legal awareness of small business actors on trademark rights and copyrights, as well as what efforts can be done by the government in giving legal protection to small and medium business groups. The method used is to provide socialization, legal counseling and mentoring of trademark rights and copyright. The results of the counseling revealed that the community's legal awareness of copyright and brand rights is still low therefore there needs to be legal protection measures for SMEs in Kuningan Regency. Therefore carried out socialization and legal counseling to SMEs in Kuningan Regency, regarding Intellectual Property Rights (IPR) especially about the importance of protecting the brand and reputation of the company by registering the trademark or patent rights in accordance with the mechanism of the Act. Legal protection must be done because the Copyright Act and Trademark rights regulate that registration of trademark rights uses the First To File system instead of the First To Inventory, meaning that who first registers will be served and protected by the law.Keywords: Legal Protection, Trademark Rights, Copyright�AbstrakKeberadaan UKM di Kabupaten Kuningan sangat beragam tidak saja dalam bentuk makanan-makanan tradisional khas Kuningan tapi juga tersebar dalam berbagai usaha kreatif. Bahwa Kebijakan Pemerintah jelas, per 31 Desember 2015 telah dibuka MEA atau Masyarakat Ekonomi Asean, sehingga berdampak pada� peredaran lalulintas perdagangan yang akan melibatkan berbagai Negara dan melintasi batas-batas Negara, termasuk mungkin akan datang ke Kuningan, akan masuk para pengusaha asing untuk ikut berkompetisi dengan para UKM yang telah ada. Permasalahan yang dibahas adalah bagaimana meningkatkan kesadaran hukum para pelaku usaha kecil terhadap hak merek dan hak cipta, serta upaya apa yang bisa dilakukan oleh pemerintah dalam memeberikan perlindungan hukum kepada kelompok usaha kecil dan menengah. Metode yang digunakan adalah dengan memberikan sosialisasi, penyuluhan hukum dan pendampingan pendafaptaran hak merek dan hak cipta. Hasil penyuluhan mengemukakan bahwa kesadaran hukum masyarakat terhadap hak cipta dan hak merek masih rendah oleh karena itu �perlu ada upaya perlindungan hukum bagi para UKM yang ada di Kaupaten Kuningan. Oleh karena itu dilakukan sosialisasi dan penyuluhan hukum kepada para UKM yang ada di Kabupaten Kuningan,mengenai Hak Kekayaan Intelektual (HKI)� khususnya tentang pentingnya menjaga merek dan reputasi perusahaan dengan mendaftarakan merek atau hak patennya sesuai dengan mekanisme Undang Undang. Perlindungan hukum harus dilakukan karena Undang Undang Hak Cipta dan hak Merek mengatur bahwa pendaftaran Hak merek menggunakan system� First To File bukan First To Invent, artinya siapa yang pertama kali mendaftar itulah yang akan dilayani dan dilindungi oleh udang undang.Kata kunci : Perlindungan Hukum, Hak Merek, Hak Cipta


Author(s):  
Riana Dewi ◽  
Hasan Basri ◽  
Yusrizal Y

This study aims to find out how the implementation of the authority of the Lhokseumawe City Government in the Management of Tourism Destinations based on Aceh Qanun Number 8 of 2013 concerning Tourism. This research method is a qualitative method in the form of normative legal research, namely research that puts the law in place to answer legal problems faced through a statutory approach contained in related articles. The nature of this research is descriptive-analytic by using library research. Based on this research, it is explained that the Lhokseumawe City Government as the person in charge and plays a very important role in the management of tourist attractions must control the tourist environment. Barriers to managing tourism destinations are due to the government's lack of firmness to impose sanctions on the community. Efforts are being made by the Government by frequently conducting raids at tourist attractions in Lhokseumawe City. The writer's suggestion in this study is that it is hoped that the Lhokseumawe City Government will further improve supervision of tourist attractions and it is advisable to immediately impose sanctions on people who do and allow Lhokseumawe City Regional tourist attractions to be polluted by acts that are not polite and violate the Shari'a. Islam. Keywords: Government Authority, Management, Tourism Destinations, Aceh Qanun Number 8 of 2013.


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