scholarly journals Perlindungan Hukum Bagi Pemegang Hak Merek Superman Terhadap Pelanggaran Merek

2021 ◽  
Vol 3 (1) ◽  
pp. 85
Author(s):  
Viona Talitha Syafira

Owners of well-known marks in Indonesia have in some cases been rejected when submitting their application for registration by DGIP because most of the similar marks have already been registered. For example, PT. Marxing Fam Makmur by registering the Superman trademark while it was registered first by DC Comics. So, the problem is how the protection of Superman's trademark rights holders based on Law No. 20 of 2016, and how is the decision of the Commercial Court judge in ruling on trademark disputes. This study uses normative research methods which are sourced from secondary data as a support for qualitative analysis. Based on the analysis, it is known that the Superman brand belongs to PT. Marxing Fam Makmur has similarities in essence to the Superman brand owned by DC Comics and the Superman trademark registrant has bad intentions, so DC Comics as the owner of the Superman mark has the right to file a trademark cancellation lawsuit to the Central Jakarta Commercial Court. In the lawsuit, DC Comics did not prepare the lawsuit accurately and clearly so that the lawsuit became vague and the judge decided that the lawsuit was declared unacceptable

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
I’anatut Thoifah

Abstract. This study aims to determine the pattern of neurology-based learning methods of Al-Qur'an Al-Barqy and wafa as an effort to synchronize these methods with the principles of accelerated learning required in this advancement era. Researchers Use research methods library research or commonly referred to as literature studies by collecting primary and secondary data related to al-Barqy and death methods, then analyzing neurology using descriptive analysis. The results of this study indicate that the method of learning al-Qur'an al-barqy and wafa with its unique characteristics includes functioning of the right and left brain, besides being simple, fun and effective and making it easier for students to remember and recall old memories easily are points. It is important to acceleratinglearning neurology-based with the acrostic mnemonic method, where the language used is the daily language of students such as Ma-Ta-Sa-Ya and A-Da-Ra-Ja.


2021 ◽  
Vol 2 (3) ◽  
pp. 459-464
Author(s):  
I Made Dwi Wahyu Kartika ◽  
Ni Made Jaya Senastri ◽  
Ni Gusti ketut Sri Astiti

Franchising is a marketing concept in order to expand the business to support the economy, in this case there are often problems related to the agreement that has been set. Therefore, a legal protection is needed for the recipient of the right. The purpose of this study is to reveal the choice of agreement in the implementation of franchise agreements in Indonesia and the form of legal protection for franchisees in Indonesia. The research method in this study is normative research focusing on the behavior of the legal community and through legal science book references. Sources of data used are primary data by examining regulations related to franchises and secondary data by examining literature, books, papers and journals. Data collection techniques by classifying primary legal materials with secondary legal materials as a support. Analysis of Legal Materials obtained by qualitative analysis. The results of the study reveal that the franchise business in Indonesia has been regulated in the provisions of PP No. 42 of 2007 concerning franchising, for the legal requirements for the establishment of a franchise business, it must meet the provisions in Article 1320 of the Civil Code, and the form of legal protection for franchisees is contained in Article 7 of the Regulation of the Minister of Trade Number 12/ MDAG/Per/3/2006 so the franchisor cannot terminate the agreement at any time or at any time.


2020 ◽  
Vol 5 (2) ◽  
pp. 332
Author(s):  
Nailu Vina Amalia ◽  
Alifia Soraya Qurbani ◽  
Salvian Kumara

The purpose of this study is to analyze the provisions on Electronic Mortgage. The study uses normative-empirical legal research methods. The approach used is included in the category of Non-Judicial Case Study, which is a legal case study approach without conflict. The data in this study are secondary data obtained from literature sources and existing sources. The analysis used is a descriptive qualitative analysis that describes the actual state of a particular fact. Based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning on Electronic Integrated Mortgage Rights Services, it provides various facilities in its submission. There are several gaps in the regulation that can be used to disadvantage certain parties so that the regulation still needs improvement so that it does not produce a premature product.


2021 ◽  
Vol 23 (1) ◽  
pp. 81-100
Author(s):  
Sodikin Sodikin

Regional regulations or Sharia Regional Regulations are the product of legislation under laws that have Islamic teachings. The problem that underlies the existence of a Sharia Regional Regulations is whether it is constitutionally justified and how the constitutional guarantee of the existence of a Sharia Regional Regulations is applicable. This problem is examined using descriptive normative research methods with qualitative analysis. The results of this study indicate the objectives achieved are first, the existence of Sharia Regional Regulations due to the legal awareness of people who are aware as religious citizens so that their lives will be better which is constitutionally justified in the 1945 Constitution and Pancasila. Second, Article 29 of the 1945 Constitution and Pancasila provides constitutional guarantees for the existence of Sharia Regional Regulations. This is because Chapter XI Article 29 of the 1945 Constitution regulates the issue of Religion which is strengthened by the First Precepts of the Pancasila which shows the constitutional rights of citizens, that is, every citizen has the right and obligation to have a religion and practice his religion and beliefs.


2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nur Adhim ◽  
Siti Mahmudah ◽  
Kornelius Benuf

UUPA regulates that legal subjects to land rights, including land with the right to Building Rights (HGB), are owned by Indonesian citizens or legal entities established under Indonesian law and domiciled in Indonesia. A different thing happened when the issuance of a Circular from the Ministry of Agrarian Affairs and Spatial Planning (ATR) stated that a CV could apply for land rights in the form of HGB. The difference in the substance of the rules is the problem. This problem will be analyzed using normative juridical research methods, using secondary data, in the form of primary legal materials, and secondary legal materials. The author concludes that a CV cannot be granted a HGB certificate, because a CV is not a Legal Entity, and if it is done on behalf of another person or nominee there is a criminal threat.


2020 ◽  
Vol 2 (2) ◽  
pp. 170-180
Author(s):  
Hardiyanto Hardiyanto ◽  
Marlina Marlina ◽  
Muazzul Muazzul

This article discusses the problems regarding the factors causing the increase in criminal by theft robbery in Medan, what is the role of the General Criminal Agency of the Polerstabes Medan and what are the barriers Sin dealing with theft and robbery in the city of Medan. This study uses normative juridical legal research methods, with qualitative analysis. The data used are secondary data using primary legal sources. The results obtained in this study are that the cause of the increase in the level of criminal acts of theft and robbery is internal and external factors of the perpetrators of crime. General Criminal Agency Polrestabes Medan has a role as an investigator and investigator in criminal acts of theft and robbery that can use the authority given by the Criminal Procedure Code and police law. Obstacles obtained by criminal investigators can be categorized as barriers to juridical and non-juridical servitude.


2021 ◽  
Vol 29 (2) ◽  
pp. 30
Author(s):  
Ria Sintha Devi ◽  
Alusianto Hamonangan ◽  
Emi Rafika Sitepu

This gift is regulated in article 1882 of the Civil Code which states, among other things, that the gift must be made with a notary deed, especially for immovable property, while for movable property it can be granted just like that, a gift made outside of it is canceled. Likewise, a grant cannot be renewed, even if it is made with a notary deed, which means that updates on the grant or by making changes or additions from the time the grant was originally made are not allowed. Regarding the reasons for the cancellation of the grant, the cancellation of this grant is regulated by Article 1666 of the Civil Code, which states that a grant cannot be withdrawn or canceled because of it. The problems that will be investigated are: How do you prove the validity of a grant deed in the Case Study of Decision No. 142 / PDT / 2015 / PT.Mdn ?, Why can't a grant be withdrawn but can be canceled? decide the case No. 142 / PDT / 2015 / PT-MDN ?. This study uses a normative legal approach. Normative legal research in this research is carried out on the procedure for settlement of grant disputes through courts. The type of data used in this legal research is secondary data. Secondary data sources in this legal research were obtained from: Primary legal materials, among others: Civil Code, Law No. 48/2009 concerning Judicial Power, Decision No.142 / PDT / 2015 / PTMDN. In proving the validity of a Grant Deed, it must have physical, formal and material evidentiary strength, and the process of making a Grant Deed meets the elements stipulated by Article 1868 of the Civil Code. Basically, a grant is irrevocable but can be canceled based on exceptions that have been determined based on statutory regulations. The Legal Considerations of the Medan High Court Judge against the Simalungun District Court Decision No.55 / Pdt.G / 2014 / PN-Sim regarding the settlement of grant disputes in this case were declared incorrect and wrong because the appellate's memory of appeal is very reasonable based on law and can prove that the object of the dispute is the right of the appellant whose truth cannot be denied by the party being appealed against in the counter memorandum of appeal.


1969 ◽  
Vol 7 (2) ◽  
pp. 61
Author(s):  
Salim Ashar

Character is a complicated issue, even considered an abstract problem. It is said to be abstract because the concept of manners is not yet operational. While good and bad standards for morals are in the objective view of God the Creator of man. If the character is ethics, it is very dangerous, because some of its value will be contrary to the moral lessons that exist in religious subjects. When both are taught (ethics and morals) then the threat is the students will later experience what is called a split personality, that is split personality. Students become confused because there are conflicting values, such as good values ​​in the sense of morals and good value in manners (call: ethics). There is no honest terminology of Arabic versions, honest English versions, false witnesses of Arabic and French versions, as there is no terminology about Arab or Turkish morality. This applies to humans when there is a pattern of intersection between ethical values ​​and customs: ethical values ​​derive from the "right" way (revelation), whereas customs are derived from the habits The purpose of this study are: 1) Describing whether or not the addition manners in the lessons of Islamic Religious Education. 2) Describe the material (content) in the lesson of Islamic Education and the intersection of Budi Pekerti based on traditional perspectives. This study uses "Library Research". The research data used is secondary data. Data collection techniques used are documentation. Data processing is done by conducting the activity of review, verification and reduction, grouping and systematization, and interpretation or interpretation so that a phenomenon has social, academic, and scientific value. From the results of the discussion concluded: 1) Based on the perspective of Islam, the lessons of Islamic Religious Education need not be added with the character, because in fact holistic education includes in the Islamic Religious Education. 2) The content of Islamic Religious Education should include aspects of Islam, ie Aqidah, Shari'ah and Akhlak which are taught in a balanced way, but the lesson of character can be combined as long as the adat is the custom of the Muslims.


2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah


Author(s):  
Lodiana Nitti ◽  
Friandry Windisany Thoomaszen

ABSTRACT Parental perception will affect the fulfillment of children’s participation rights. Fullfilment of children’s participation rights will be fulfilled optimally if parents pay anttention to opinions while providing opportunities for children to make and make decisions about the child’s goals and self-interest. The subjects studied consisted of 5 subjects consisting of father and mother who had children aged 9- 12 years. This study uses qualitative research methods, with data retrieval tools in teh form of interviews, observation and documentation. From the research found data were the subjects do not fulfill the right of participation of children up to the maximum ladder where children’s participation rights range from the first ladder to the third ladder. The first ladder to the third ladder is actually a non- participating ladder. This means that children is manipulated, dominated by parents, there is direct communation and the severity of the parent. The children felt disappointed, sad, and angry with the parents but they still tried to hear and obey the parent’s decision. Children from third and fourth subjects experienced excessive fear to speak to their parent (father). Suggestions for parents to be more caring and fulfill the rights of children’s participation so as not to affect the growth and development of children. Keywords: participation rights, children, parents


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