scholarly journals Perlindungan Hukum Bagi Pemilik Merek Dagang Atas Penjualan Barang Palsu pada Platform Marketplace

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 70
Author(s):  
Bernadetta Lakshita Pradipta Utomo ◽  
Sudaryat Sudaryat ◽  
Aam Suryamah
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Human Behavior ◽  
Research Method ◽  
Legal Protection ◽  
Counterfeit Goods ◽  
Criminal Sanctions ◽  
Online Platforms ◽  
Technology Changes ◽  
Civil Lawsuits

Nowadays technology changes is more advanced. One of the changes caused by the development of information technology is human behavior in realizing the results of their intellectual property. We can view intellectual property through online platforms easily. The Covid-19 pandemic has caused the sale of goods that were offline becomes online. Other than that, there are also a lot of counterfeit goods which has peaked on the marketplace platform. This research aims to gain an understanding of legal protection for brand owners and about legal actions that can be taken by them for selling counterfeit goods on the marketplace platform. The research method used is normative juridical. The results of this study are based on Law no. 20 of 2016 concerning on Marks and GI and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on EIT in order to obtain more comprehensive protection, trademark owners must first register their trademarks. In addition, efforts that can be made by trademark owners are taking actions such as making complaints to each marketplace platform, resolving alternative disputes, submitting requests for provisional decisions, civil lawsuits by requesting compensation, and criminal sanctions.

scholarly journals Reformulasi Sanksi Pidana Pencemaran Nama Baik Melalui Media Online

2019 ◽  
Vol 21 (2) ◽  
pp. 327-338
Author(s):  
Rahmat Fadli ◽  
Mohd. Din ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Online Media ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
The Law ◽  
Sense Of Justice

Penelitian ini bertujuan untuk mengkaji perlindungan hukum terhadap korban pencemaran nama baik melalui media online dan menjelaskan pemenuhan restitusi yang seharusnya diterima korban pencemaran nama baik melalui media online. Pencemaran nama baik merupakan perbuatan melawan hukum, dikarenakan telah menyerang kehormatan atau nama baik seseorang. Rumusan tindak pidana pencemaran nama baik melalui media online diatur dalam Pasal 27 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik. Sanksi pidananya diatur dalam Pasal 45 ayat (3) Undang-Undang ini. Dalam Undang-Undang ini belum diatur sanksi pidana yang berbentuk restitusi, sehingga kurang melindungi korban pencemaran nama baik melalui media online. Metode penelitian ini adalah yuridis normatif dengan menggunakan bahan hukum primer, sekunder, dan tersier, Berdasarkan hasil penelitian ditemukan bahwa ancaman pidana pada Pasal 45 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik belum memenuhi rasa keadilan dan memberi manfaat kepada korban. Karena pada pasal ini belum mengatur sanksi pidana yang bersifat ganti rugi terhadap korban. Reformulation of  Criminal Sanctions on Defamation Through Online Media This study aims to examine the legal protection of victims of defamation through online media and explain the fulfillment of restitution that should be received by victims. Defamation is an act against the law, because it has attacked someone's honor or reputation. The formulation of criminal defamation through online media is regulated in Article 27 paragraph (3) of the Information and Electronic Transactions Law. The criminal sanctions are regulated in Article 45 paragraph (3). This law has not yet regulated criminal sanctions in the form of restitution, so it does not protect victims of defamation through online media. The research method is a normative juridical by using primary, secondary, and tertiary legal materials. The results found that the criminal threat in Article 45 paragraph (3) of the Law on Information and Electronic Transaction had not fulfilled a sense of justice and benefited for victims. It is because this article does not yet regulate criminal sanctions that are compensation for the victim.

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

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

scholarly journals PERLINDUNGAN HUKUM TERHADAP NASABAH BANK YANG DIRUGIKAN AKIBAT KEJAHATAN SKIMMING DITINJAU DARI PERSPEKTIF TEKNOLOGI INFORMASI DAN PERBANKAN

2018 ◽  
Vol 1 (2) ◽  
pp. 157-171
Author(s):  
Dian Ekawati
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Civil Law ◽  
Banking System ◽  
Legal Protection ◽  
Customer Data ◽  
The People ◽  
Internal Operations ◽  
Role Of Information

The progress of the banking system cannot be separated from the role of information technology. In addition to facilitating the company's internal operations, technology tools also aim to facilitate service to bank customers. One side of Information Technology provides not a few benefits to improving services both public services and internal services. On the other hand Information Technology is used by people who are not responsible by committing acts that are against the law, which attacks various legal interests of the people, society, and the state. This study aims to get information about banking crimes that use the skimming method and about legal protection for customers who are victims of skimming crime. The research method is juridical normative, namely obtaining and combining and analyzing data obtained from books, articles and journals and related legislation. The results obtained are that crime skimming is an old mode of customer money burglary which is done by stealing customer data at the customer's ATM with skimmer techniques. Legal protection against customers who are harmed due to the crime of skimming can be carried out by criminal means, namely reporting to the police and the police's duty to arrest the perpetrators. Legal protection through civil law by way of the bank replacing the customer's money after clarifying the transaction against the customer's account

scholarly journals Perlindungan Hukum Terhadap Produk Indikasi Geografis dari Tindakan Peniruan

2019 ◽  
Vol 8 (1) ◽  
pp. 49
Author(s):  
Anak Agung Ngurah Tresna Adnyana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Legal Protection ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Certainty ◽  
Empirical Law

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.

Intellectual Property Systems in Software

2013 ◽  
pp. 19-33
Author(s):  
Ricardo Rejas-Muslera ◽  
Elena Davara ◽  
Alain Abran ◽  
Luigi Buglione
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Research And Development ◽  
Legal Protection ◽  
Legal Issues ◽  
Protection System ◽  
Software Protection ◽  
Recent Trends ◽  
The Subject ◽  
The Eu

Support for research and development in information technology is considered today as critical by most governments in the industrially advanced countries. Traditionally the way of stimulating research has been to ensure to the investor the appropriability of the returns generated. Such appropriability is typically implemented by means of the Intellectual Property Rigths. Nevertheless the protection of such rights is heterogeneous worldwide. Today two different legal systems for the protection of software coexist: the system of patents and the system of author’s copyrights. This chapter explains these two main systems of ‘intellectual property’ to provide legal protection to software, including the licenses to transfer rights on software. The end of the chapter presents the most recent trends of the EU government to replace the current European software protection system, including a discussion onf the software patents and the legal initiatives on the subject. In addition, legal issues linked with new ways in software comercialization are presented.

scholarly journals Legal Protection for Customers Victims of Savings Account Break-ins Crime

2021 ◽  
Vol 04 (10) ◽  
Author(s):  
Jeane Stevani Risdianto ◽  
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
Third Parties ◽  
Legal Principles ◽  
Savings Accounts ◽  
Civil Lawsuits ◽  
Criminal Charges

This study aimed to analyze the role of Bank Indonesia (BI) and the Otoritas Jasa Keuangan (OJK) of the banking activities in Indonesia and to analyze the legal protection of bank customers. There are two issues discussed in this study, the first regarding the role of OJK and Bank Indonesia in supervising crime in the banking world and the second regarding legal protection for customers victims of savings accounts break-ins crime. The research method used was normative juridical, by studying and reviewing legal principles derived from library materials. The discussions that were discussed in this article were how the role of OJK and Bank Indonesia in supervising crime in the banking world and how legal protection is for customers who are victims of savings account burglary in Indonesia. The Otoritas Jasa Keuangan regulation (PJOK) also requires banks to compensate for losses suffered by customers. Article 29 PJOK Number 1/PJOK.07/2013 states "Otoritas Jasa Keuangan is required to be responsible for Consumer losses arising from errors and/or negligence, management, employees of Financial Services Business Actors and/or third parties working for the interests of the Financial Services Providers. Financial Services Business. Lawsuits that can be pursued through the courts can be in the form of criminal charges or civil lawsuits. Embezzlement of bank customer deposits may be subjected to Article 372 and Article 374 of the Criminal Code (KUHP).

scholarly journals Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 371-376
Author(s):  
Anak Agung Ayu Gayatri ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Musical Instrument ◽  
Criminal Sanctions ◽  
Balinese Gamelan ◽  
Criminal Charges ◽  
Traditional Arts ◽  
Traditional Cultural Expressions

Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.

Intellectual Property Systems in Software

2011 ◽  
pp. 121-135
Author(s):  
Ricardo Rejas-Muslera ◽  
Elena Davara ◽  
Alain Abran ◽  
Luigi Buglione
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Research And Development ◽  
Legal Protection ◽  
Legal Issues ◽  
Protection System ◽  
Software Protection ◽  
Recent Trends ◽  
The Subject ◽  
The Eu

Support for research and development in information technology is considered today as critical by most governments in the industrially advanced countries. Traditionally the way of stimulating research has been to ensure to the investor the appropriability of the returns generated. Such appropriability is typically implemented by means of the Intellectual Property Rigths. Nevertheless the protection of such rights is heterogeneous worldwide. Today two different legal systems for the protection of software coexist: the system of patents and the system of author's copyrights. Chapter 8 explains these two main systems of ‘intellectual property’ to provide legal protection to a software, including the licenses to transfer rights on software. The end of the chapter presents the most recent trends of the EU government to replace the current European software protection system, including a discussion onf the software patents and the  legal initiatives on the subject. In addition, legal issues linked with new ways in software comercialization are presented.

scholarly journals Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014

2020 ◽  
Vol 1 (2) ◽  
pp. 62-66
Author(s):  
Desi Nellyda ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Abuse ◽  
Sexual Harassment ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Problem Formulation ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
The Law ◽  
Problem Formulations

This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).

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