scholarly journals PERLINDUNGAN PEMILIK MEREK PERTAMA PADA SISTEM KONSTITUTIF

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Arfi Dyah Chatarina
Keyword(s):  
System Theory ◽  
Research Methods ◽  
Legal System ◽  
Legal Protection ◽  
Geographical Indications ◽  
Registration System ◽  
Law System ◽  
The Public ◽  
Criminal Charges ◽  
The Law

<p>With a brand, the company that produces the goods will be easily recognized. When the brand is already known by the public, will raise the reputation of the brand of the product so that in the event of violations, such as piracy or imitation famous brand are harmed is the first legitimate brand owners. Based on the permaslaah, then this article will be discussed about the protection of brand owners in the legal system of the first brand in Indonesia. Based on the background of the above can be identified several problems that include (1) the protection of brands based on the works of the law, system theory (2) system registration brand in Indonesia from time to time in accordance with the act of the brand that once existed in the Indonesia, (3) the protection of the law on the registration of the first brand owner brand with constitutive system, (4) a system of registration of the trademark in other countries. To address these problems, the authors use the juridical normative research methods. The system of registration, a brand under law 20/2016 about brands and geographical indications has a first to file. Legal protection of trademark owners first can be divided into two, namely the preventive legal protection that is made through registration of the brand and the repressive nature of legal protection that is done in case of violation of the brand through lawsuits or criminal charges. In addition, the act 20/2016 about brands and geographical indications as well arrange regarding the protection of brand owners first through temporary assignment court to protect its brand in order to prevent a greater harm. System registration brand in Malaysia with the same registration system brand in Indonesia. The two countries adhere to the basic constitutive system with first to file, i.e. the first applicant is a legitimate brand owners and obtained exclusive rights over its brand.</p>

scholarly journals MKRI. PERLINDUNGAN HAK ANAK DALAM PELAKSANAAN PROGRAM IMUNISASI DI KABUPATEN KARANGANYAR (Kajian Kasus Penolakan Imunisasi Anak Di Kabupaten Karanganyar)

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Dwi Rusharyati ◽  
Widodo.T Novianto ◽  
Moch. Najib Imanullah
Keyword(s):  
Legal System ◽  
Legal Protection ◽  
Primary Data ◽  
Childhood Immunization ◽  
Immunization Program ◽  
Child Immunization ◽  
The Public ◽  
Legal Structure ◽  
Rights Of The Child ◽  
The Law

<p>Abstract<br />This article aims to explain the causes of the rejection of child immunization and efforts should be made so that the implementation of the childhood immunization program is well received in the protection of the rights of children in Karanganyar. This type of research is empirical. Form of research is exploratory. The data used are primary data and secondary data collection methods of documentation and interviews. Analysis of data using qualitative analysis. Based on the description of the results of research and discussion in connection with the considered problem with the theory of the legal system and application of the theory of law, it can be concluded that the factors that led to the rejection of immunization is: (a) the legal structure has not been able to implement the rules contained in the law; (b) legal norm or rule can not be implemented fully in society; (c) Most people do not understand the law and legal content community do not know the benefits of the existing law. Efforts should be made so that the implementation of the childhood immunization program is well received by all communities in Karanganyar district are: (a) the legal structure should be addressed; (b) The public policy context with the real conditions in the field or community legal norms or rules that can be applied; (c) promoting positive law and the laws governing the contents of the immunization program to the public so that people understand them. As for the consequences of the legal system are not addressed, then the rejection of child immunization will still occur and may tend to increase. The rights of children to be immunized and the rights of children born to avoid the diseases that threaten the survival and/or cause disability unprotected</p><p>Keywords: Legal Protection; Rights of the Child; Immunization Program.</p><p>Abstrak<br />Artikel ini bertujuan menjelaskan faktor penyebab terjadinya penolakan imunisasi anak dan upaya yang harus dilakukan agar pelaksanaan program imunisasi anak dapat diterima dengan baik dalam <br />upaya perlindungan hak-hak anak di Kabupaten Karanganyar. Jenis penelitian adalah empiris. Bentuk penelitian adalah eksploratif. Data yang digunakan adalah data primer dan data sekunder dengan metode pengumpulan data dokumentasi dan wawancara.  Analisis datanya menggunakan analisis kualitatif. Berdasarkan deskripsi hasil penelitian dan pembahasan sehubungan dengan <br />masalah yang dikaji dengan teori sistem hukum dan teori  penerapan hukum, dapat disimpulkan bahwa faktor yang menyebabkan terjadinya penolakan imunisasi adalah : (a) Struktur hukumnya <br />belum mampu melaksanakan aturan yang ada dalam hukum; (b) Norma atau aturan hukumnya belum dapat diterapkan sepenuhnya di masyarakat; (c) Sebagian masyarakat belum memahami <br />hukum dan isi hukum sehingga masyarakat belum mengetahui manfaat dari hukum yang ada. Upaya yang harus dilakukan agar pelaksanaan program imunisasi anak dapat diterima dengan <br />baik oleh semua masyarakat di Kabupaten Karanganyar adalah : (a) struktur hukumnya harus dibenahi; (b) Adanya kebijakan publik yang lebih kontekstual dengan kondisi riil di lapangan <br />atau masyarakat sehingga norma atau aturan  hukumnya dapat diterapkan; (c) mensosialisasikan hukum positif dan isi hukum yang mengatur tentang program imunisasi kepada masyarakat <br />sehingga masyarakat memahaminya. Adapun konsekuensi apabila sistem hukumnya tidak dibenahi, maka penolakan imunisasi anak akan tetap terjadi dan mungkin cenderung meningkat. <br />Hak anak untuk mendapatkan imunisasi dan hak anak yang lahir terhindar dari penyakit yang mengancam kelangsungan hidup dan/atau menimbulkan kecacatan belum terlindungi.</p><p>Kata kunci: Perlindungan Hukum: Hak Asasi Anak; Program Imunisasi.</p>

scholarly journals VIOLATIONS AND LAW ENFORCEMENT AGAINST MARK VIEWED FROM LAW NO. 20 OF 2016 CONCERNING MARK AND GEOGRAPHICAL INDICATIONS

2018 ◽  
Vol 2 (2) ◽  
pp. 169
Author(s):  
Bakti Trisnawati
Keyword(s):  
Law Enforcement ◽  
Human Resources ◽  
Economic Value ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Geographical Indications ◽  
Material Wealth ◽  
The Public ◽  
Directorate General ◽  
The Law

<p>Right on marks are a source of material wealth for their owners because they have economic value that can bring high profits. Marks in trade also have dual<br />functions as competition tools and monopoly tools. Therefore, every mark owner needs to register his mark in order to get legal protection. Because in reality everyday there are many violations of the mark even though the mark has been registered, so the registered mark owner feels aggrieved. Violations due to people wanting to make a profit by cutting short the example of a registered and well-known mark, in addition to the Human Resources of the Directorate General of Intellectual Property itself also lacks control over the law on mark, so marks that should be rejected by many are approved. In addition, the Law Enforcement has indeed been implemented, but not maximal. This can be seen from the demands and fines of the Public Prosecutor and the Decision of the Panel of Judges is still very light</p>

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

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 Tinjauan Yuridis Penjatuhan Hukuman terhadap Bidan yang Melakukan Tindakan Pidana Aborsi

2019 ◽  
Vol 6 (2) ◽  
pp. 155
Author(s):  
Sanjaya Abidin ◽  
Fiony Gustin ◽  
Andre Hakim Pasaribu ◽  
Sonya Airini Batubara
Keyword(s):  
Research Methods ◽  
Criminal Code ◽  
Deterrent Effect ◽  
The Public ◽  
The Law ◽  
The Government

<p>Pregnancy is a very happy situation for every partner who has been legitimate. In connection with this we still often encounter couples who do not value pregnancy so take the decision to do inhumane actions, one of which is abortion. Abortion is a form of criminality that is still very difficult to be handled by the public or the government, this is because there are still gaps for the perpetrators to carry out these actions and the deterrent effect is still lacking for abortion. This study aims to determine the legal arrangements and accountability for abortionists. This study uses normative juridical research methods, to address abortion problems that occur without looking at it from one perspective, but comprehensively. The results showed that the legal arrangements for the crime of abortion have been regulated in the law adjustment for abortion has been regulated ib article 194 law number 36 year 2009, about a midwife who help those who committed abortion is included in criminal code article 349</p>

scholarly journals From Stele to Silicon: Publication of Statutes, Public Access to the Law, and the Uniform Electronic Legal Material Act

2019 ◽  
Author(s):  
Frederick Dingledy
Keyword(s):  
Legal System ◽  
Public Access ◽  
The Public ◽  
The Law

111 Law Libr. J. 165 (2019). For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.

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 Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

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