Peran Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Terhadap Pendaftaran Indikasi Geografis

Indonesia is a country rich in biological natural resources which is spread throughout the region, including the Riau Islands Province. Geographical location surrounded by almost 90% (ninety percent) of the sea area, it indirectly indicates the potential of Geographical Indications that are spread in 7 (seven) districts/ cities in Riau Islands. Directorate General of Intellectual Property through the Regional Office of the Ministry of Law and Human Rights has committed to continue to explore the IG potential in each region determined through the Annual Performance Target. IG legal protection can only be given if an item or product has been registered, for example "Sagu Lingga" which has just been declared as one of the IG products. The registration of “Sagu Lingga” is inseparable from the role of the Regional Office of the Ministry of Law and Human Rights of the Riau Islands in collaboration with the Lingga Regency Government and Indonesian Sagu Empowerment Association of Lingga. From the results of research in the field, in an effort to register potential IG Products in Riau Islands Province, the Role of the Kemenkumham Kepri Regional Office since the enactment of Law Number 20 of 2016 concerning Trademarks and Geographical Indications has not been running optimally, where the form of efforts carried out is still limited to inventory, coordination with local governments and supervision of IG products. This is caused by the existence of several constraints caused by several factors including Legal Factors, Law Enforcement Factors, Means and Infrastructure Factors, Community Factors and also Cultural Factors. Whereas the IG registration effort should aim to establish legal certainty and increase the economic value of a product that has an impact on the welfare of the community. This is what then makes researcher interested in pouring it in the form of research. All information was carried out by unstructured interviews, observations and document studies where sample selection was carried out using the purposive sampling method. The research method used is a sociological juridical research method.

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PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik ◽

10.47080/propatria.v3i2.986 ◽

2020 ◽

Vol 3 (2) ◽

pp. 153-162

Author(s):

Ratu Mimi Darniasih ◽

Anton Aulawi

Keyword(s):

Human Rights ◽

Research Method ◽

Qualitative Approach ◽

Consumer Finance ◽

Legal Counsel ◽

Regional Office ◽

Limited Budget ◽

The City ◽

Descriptive Method

This research is motivated by my interest in the problem of the persistence of the phenomenon of forced withdrawal of installment vehicles in the City and Regency of Serang. based on observations in the Pasir Masjid Kampung Gembor Village, Binuang Subdistrict, Serang District, through an interview with Mr. Topik, a resident of Kampung Pasir Masjid who bought a vehicle on credit through a consumer finance institution and experienced defaults but at the time of being withdrawn byThe consumer finance institution, Mr Topik, can retain its graceful items because without proper procedures. the purpose of this research is to find out, understand and examine the role and obstacles of implementing legal counsel in Banten Regional Office of the Ministry of Law and Human Rights in the socialization of Law No.42 of 1999 concerning Fiduciary Guarantees to increase legal awareness. The research method used is descriptive method with a qualitative approach. the results of this study indicate the existence of (1) the role of implementing legal counseling in the Regional Office of the Ministry of Law and Human Rights of Banten having carried out their role as legal counselors by providing counseling both directly and indirectly and through collaboration with relevant agencies. specifically in Kampung Pasir Masjid in collaboration with LBH KKPMP. (2) Constraints faced include factors in the area; limited budget; HR in Kemenkumham is limited; legal counseling material is not just about fiduciary, and many people are still laymen regarding fiduciary law.

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The Role Of The Supervisory Council Notary Territory In Providing Legal Protection For A Notary Who Have Violated The Law Of The Deed Made

Jurnal Akta ◽

10.30659/akta.v6i3.5088 ◽

2019 ◽

Vol 6 (3) ◽

pp. 445

Author(s):

Kiki Andriani Samad ◽

Amin Purnawan

Keyword(s):

Human Rights ◽

Research Method ◽

Descriptive Analysis ◽

Legal Protection ◽

The Law ◽

The Republic

The purpose of this study are 1) To clarify the role of the supervisory council notary territory in providing legal protection for a notary who have violated the law of the deed made. 2) To explain the regulatory obstacles and constraints assemblies notary territory in providing legal protection for a notary who have violated the law of the deed made.This research method is a normative juridical research is normative juridical method is the study of writing a good document that we study the norms and principles. Specification used in this study is a descriptive analysis, which is intended to give the data as accurately as possible about a situation or other symptoms. Based on the results of the study concluded thatLegal protection of the Notary, among others in the form of right of refusal, the obligation to reject and exclusive rights when summoned for questioning by investigators, prosecutors or judges, which is subject to approval of Honorary Council of Notaries of Regions as the provisions of Article 66 paragraph (1) of Act No. 2 2014 which has now been changed to Article 66 paragraph (1) of the Constitution of the Republic of Indonesia Number 2 Of 2014 concerning the Amendment to Act No. 30 of 2004 concerning Notary. Disagreement about the duties and responsibilities as a Council of Trustees Notary region between elements and bustle of every member of both government, notary, and academics to create obstacles during the examination and supervision of technical and administrative poorly in the recording report came from the community often happen, so data on the notary who has not and has been declared missing by the officials working at the Ministry of Justice and Human rights is also one member of the Supervisory Council of notaries, and only the remaining 1 data is still there on the notary who has been in the process by the Supervisory Council of notaries.Keywords: Regional Supervisory Council; Notary; Legal Protection; Notary; Law Violations; Deeds.

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IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK ATAS MEREK PAKAIAN DARI TINDAK PELANGGARAN MEREK (Studi Kasus Pemalsuan Merek Pakaian Kick Denim)

Jurnal Privat Law ◽

10.20961/privat.v7i1.30130 ◽

2019 ◽

Vol 7 (1) ◽

pp. 92

Author(s):

Achmad Rayhan Akbar , ◽

Albertus Sentot Sudarwanto ,

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Alternative Dispute Resolution ◽

Legal Protection ◽

Geographical Indications ◽

Regional Office ◽

Legal Writing ◽

Civil Suit ◽

Directorate General ◽

The Right

Abstract This paper discusses how the implementation of legal protection against rights holders of brands under the Act No. 20 of 2016 on Brands and Geographical Indications. Legal Writing Method used is Empirical Legal Writing Method with research location in D.I.Yogyakarta Regional Police, Regional Office of Ministry of Law and Human Rights of West Java Province, and Office of Kick Denim clothes brand. The results of this study explain that the holder of the right to the brand has the certainty of Legal Protection by Law No. 20 of 2016 since the registration of the mark is received by the Directorate of Intellectual Property of the Ministry of Justice and Human Rights until a period of 10 (ten) years and can be extended for a period of time the same. Legal Protection granted by Law No. 20 of 2016 includes the regulation of forms of breach of the brand, criminal sanction for brand infringement, the granting of rights to the holder of the right to the mark whose rights are violated to take a civil suit through the Commercial Court, making complaints to the Police or selecting the Alternative Dispute Resolution pathway, as well as the Directorate General of Intellectual Property of the Ministry of Justice and Human Rights as the state authority in the field of assisting the holder of the rights to the brand to prove his right by providing all necessary administrative assistance for the proofing process of a brand. Keywords: Legal Protection; Right Holder of Brand; Brand InfringementAbstrak Tulisan ini membahas tentang bagaimana implementasi perlindungan hukum terhadap pemegang hak atas merek berdasarkan Undang-Undang Nomor 20 tahun 2016 Tentang Merek dan Indikasi Geografis. Metode Penulisan Hukum yang digunakan adalah Metode Penulisan Hukum Empiris dengan lokasi penelitian di Kepolisian Daerah D.I.Yogyakarta, Kantor Wilayah Kementerian Hukum dan HAM Provinsi Jawa Barat, dan Kantor merek pakaian Kick Denim. Hasil penelitian ini menjelaskan bahwa Pemegang hak atas merek mendapat kepastian Perlindungan Hukum oleh Undang-Undang Nomor 20 Tahun 2016 sejak pendaftaran merek tersebut di terima oleh Direktorat Jendral Kekayaan Intelektual Kementerian Hukum dan HAM hingga jangka waktu 10 (sepuluh) tahun dan dapat diperpanjang untuk jangka waktu yang sama Perlindungan Hukum yang diberikan oleh Undang-Undang Nomor 20 Tahun 2016 mencakup pengaturan bentuk-bentuk pelanggaran terhadap merek, sanksi pidana atas pelanggaran terhadap merek, pemberian hak kepada pemegang hak atas merek yang hak nya dilanggar untuk melakukan gugatan perdata melalui Pengadilan Niaga, melakukan Tuntutan Pidana dengan membuat aduan kepada Kepolisian ataupun memilih jalur Alternatif Penyelesaian Sengketa, serta Direktorat Jendral Kekayaan Intelektual Kementerian Hukum dan HAM sebagai otoritas Negara dibidang merek membantu pemegang hak atas merek membuktikan haknya dengan cara memberikan segala bantuan administrasi yang diperlukan untuk proses pembuktian sebuah merek . Kata Kunci: Perlindungan Hukum; Pemegang Hak Atas Merek; Tindak Pelanggaran Merek

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

UIR LAW REVIEW ◽

10.25299/uirlrev.2021.vol5(2).7168 ◽

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.

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PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

JCH (Jurnal Cendekia Hukum) ◽

10.33760/jch.v4i1.97 ◽

2018 ◽

Vol 4 (1) ◽

pp. 141

Author(s):

Muhammad Fachri Said

Keyword(s):

Human Rights ◽

Child Protection ◽

Research Method ◽

Legal Protection ◽

Children's Rights ◽

Children’S Rights ◽

Legal Research ◽

Descriptive Research ◽

The Common ◽

The Government

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.

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

UNES Law Review ◽

10.31933/law.v1i2.24 ◽

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

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Perlindungan Hukum Konsumen Pada Perjanjian Baku (Standar Contract) PT. Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick)

Kalabbirang Law Journal ◽

10.35877/454ri.kalabbirang160 ◽

2020 ◽

Vol 2 (2) ◽

pp. 134-145

Author(s):

Ahyuni Yunus ◽

Agustina Ali Bilondatu

Keyword(s):

Research Method ◽

Equal Opportunity ◽

Legal Protection ◽

Active Role ◽

The State ◽

Standard Contract ◽

Role Of The State ◽

Changing Times ◽

The Stability

Penelitian ini bertujuan, pertama Bentuk perlindungan hukum konsumen pada perjanjian baku (Standart Contract) PT Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick), kedua Upaya hukum konsumen Konsumen tindakan sepihak yang dilakukan oleh pihak Telkomsel. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian menunjukkan bahwa, pertama, Perlindungan hukum terhadap pekerja dimaksudkan untuk menjamin hak-hak dasar dan menjamin kesamaan kesempatan serta perlakuan tanpa diskriminasi atas dasar apapun untuk mewujudkan kesejahteraan pekerja beserta keluarganya. Perlindungan pekerja tersebut hanya dapat tercapai jika adanya peran serta Negara secara aktif dalam menjaga stabilitas iklim industrialisasi dengan perindungan terhadap pekerja, atau dengan kata lain ditengah gesekan perubahan zaman dan menggeliatnya pertumbuhan ekonomi maka peran serta Negara merupakan keniscayaan. This study aims, firstly, the form of consumer legal protection in the PT Telkomsel standard contract against the use of postpaid cards (Halo Kick), secondly the consumer's legal efforts for unilateral actions taken by Telkomsel. The research method used is normative legal research method. The results show that, first, legal protection for workers is intended to guarantee basic rights and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families. Protection of workers can only be achieved if there is an active role of the State in maintaining the stability of the industrialization climate with protection of workers, or in other words, amidst the friction of changing times and stretching economic growth, the participation of the State is a necessity.

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THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2021-7-7417 ◽

2018 ◽

Author(s):

Mariana Khmyz ◽

Keyword(s):

Human Rights ◽

Civil Rights ◽

Legal Aspect ◽

Legal Protection ◽

The State ◽

Time Dynamic ◽

Protection Of Human Rights ◽

The Law ◽

Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

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PERANAN DANA PERIMBANGAN DALAM PEMBIAYAAN PENYELENGGARAAN PEMERINTAHAN DAERAH DI KABUPATEN BANYUMAS

Authentica ◽

10.20884/1.atc.2018.1.1.5 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

Haedah Faradz

Keyword(s):

Research Method ◽

Regional Government ◽

Conceptual Approach ◽

West Java ◽

Regional Office ◽

State Finance ◽

Directorate General ◽

Development Goals ◽

The Cost

Tax as a source of income for state finance is a manifestation of the community's direct contribution to development goals. The Regional Government of Banyumas Regency on September 10, 2004 proposed the Acquisition of Non-Taxable Tax Objects to the Minister of Finance and based on the Decree of the Head of Regional Office of the Directorate General of Taxation of West Java dated Dec-ember 23, 2004, Kep 14 /WPJ 10/BD05/2004 determine the amount of the acquisition value of non-taxable objects in Banyumas Regency. The problem examined in this paper is The Role of Balancing Funds originating from the Fees for Acquiring Land and Building Rights in financing the administration of regional government in Banyumas Regency; and Factors that influence the receipt of balance funds from the Land and Building Rights Acquisition Fees in Banyumas Regency. The research method used was normative juridical, namely statue approach and conceptual approach then analyzed qualitatively. The cost of acquiring land and building rights (BPHTB) in financing the administration of regional government in Banyumas Regency was still relatively small, and its implementation was also influenced by several factors. Keywords: tax, Customs for Land and Building Rights, locally-generated revenue.

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Penyelesaian Perkara Pelanggaran Hak atas Merek

Jurnal Preferensi Hukum ◽

10.22225/jph.1.2.2343.67-71 ◽

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.

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