THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS

Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.

CONCEPT OF APPRAISAL INSTITUTIONS IN ASSESSING THE VALUATION OF INTANGIBLE ASSETS ON SMALL MEDIUM ENTERPRISES INTELLECTUAL PROPERTY AS OBJECT OF CREDIT GUARANTEE TO IMPROVE COMMUNITY'S CREATIVE ECONOMY

This study aims to analyze the factors that affect the effectiveness of Intangible Assets of Intellectual Property of Small and Medium Enterprises as objects of credit guarantees, and the concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of Small and Medium Enterprises as objects of credit guarantees in order to improve the creative economy of the community. The method used in this research is empirical juridical. The data used are primary data and secondary data. Data collection techniques data collection through library research and field studies (through questionnaires, focus group discussions, and interviews). The results of the study found that the five factors that affect the effectiveness of Intangible Assets intellectual property of Small and Medium Enterprises as objects of credit guarantees are legal factors, law enforcement, infrastructure, society and culture. The legal factor that affects is there is no special legal product for public appraisers of IPR Intangible assets. In the practice, IPR intangible assets have not been accepted by all banks as objects of basic guarantees but only as objects of additional guarantees. It is caused by no trust from the bank toward the value of IPR as basic guarantees, there have been no appraisal institutions, and there is not intellectual property rights market yet, that makes IPR is not commonly used by banks and SMEs as IP owners. The concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of small and medium businesses as objects of credit guarantees, in order to improve the creative economy of the community, is necessary to form an appraisal agency through the products of laws and regulations. These regulations, among others, regulate the intangible assets of IPR, the purposes and objectives of the IPR assessment, the requirements to become an IPR appraiser, the function and authority of IPR assessment, the valuation method used, and so on.

DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money

CRIMINAL LAW FUNCTIONALIZATION OF KIDNEY TRAFFICKING FOR TRANSPLANT PURPOSES

Kidney transplant is a complete therapy for people with terminal renal failure. The number of cases of terminal renal failure was not proportional to the available donors. Due to the lack of kidney donors, some people take advantage of this opportunity by commercializing their kidneys. In Indonesia's laws and regulations, it is clear that there is a prohibition on the trafficking of organs and or tissues for transplant purposes. Until now, cases of buying and selling of body organs or tissues have never reached the Court. Therefore, it is necessary to formulate a formulation regulating legal protection for all parties concerned. This article aims to analyze the criminal law's functionalization against the trafficking of kidneys for transplant purposes. The research was carried out with a normative juridical approach in a formulated policy structure, namely reviewing and analyzing regulations both in the Criminal Code including the draft criminal law 2005 as an ius constituendum and outside the Criminal Code, specifically regarding the regulation of trade in organs or tissues for transplant purposes. The result of this research is the functionalization of criminal law in the implementation of kidney trade to benefit transplants. Criminal law enforcement is to make criminal law functioned by legally processing the facts of organ trafficking in the field. This repressive action is intended to create a deterrent effect and is a long-term preventive measure so that it is hoped that there will be no more cases of trafficking in organs in the future. It is necessary to understand that the threat of punishment must remain an ultimum remedium, and is enforced if social control is not yet effective.

THE CONSTRUCTION OF TERRORISM PREVENTION IN LEGAL POLITICS

Terrorism is a criminal act or extraordinary crime that is of concern to the world today, especially in Indonesia. Terrorism that has occurred in Indonesia recently has ideological, historical and political linkages and is part of the dynamics of the strategic environment at the global and regional levels. the approach method uses normative juridical, the results of the study state that the legal politics of eradicating criminal acts of terrorism in Indonesia is a proactive policy and anticipatory step that is based on prudence and is long-term in nature. The use of Act No. 15 of 2003 to regulate the eradication of criminal acts of terrorism is based on the consideration that the occurrence of terrorism in various places has caused material and immaterial losses and caused insecurity for the community. It can be stated that the government's policy to tackle criminal acts of terrorism is by taking legal steps, so that unwanted things can be anticipated.

THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.

THE LEGAL STRATEGY OF TREATING TELEMATICS CRIMES IN THE FIELD OF ELECTRONIC TRANSACTIONS IN GLOBAL TRADE

Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy and non-penal policy.

THE ESTABLISHMENT OF GEOGRAPHICAL INDICATION PROTECTION COMMUNITY (GIPC) AS A LEGAL PROTECTION MSME’S PRODUCTS

A geographical indication is a part of intellectual property rights (IPR), which plays an important role in international trade as a magnet for consumers for MSMEs' products. However, the geographical indication is still underestimated by MSME players; and therefore, this issue requires further attention and analysis as the efforts to study the essence and urgency of the Geographical Indication Protection Community (GIPC) in supporting the realization of legal protection in regencies and cities throughout Indonesia. To support the investigation process, a case-based approach is required with primary and secondary research material sources through literature studies that correlate with business actors, rule of law and government. This study is doctrinal or normative research with qualitative data analysis. Efforts to establish Geographical Indication Protection Community (GIPC) are significant in assisting local MSME players to register legal protection through geographical indications and bridge local MSME players, local government, and stakeholders in sharing resources or information that can increase product competitiveness in regencies and cities in Indonesia on both national and international market scales.

SMALL CLAIM COURT : PRINCIPLE CONCRETIZATION IN LAWSUIT SETTLEMENT

The purpose of this research is to examine the provisions of civil procedural law in settling a lawsuit, to know the form of simple, fast, and low-cost concretization in simple lawsuit settlement. The research method uses the research object of simple, fast, and low-cost concretization in the settlement of a simple claim, normative juridical approach, the type of data used in this study is secondary data, which is sourced from the literature. Secondary data consists of primary legal materials, secondary legal materials, legal material collection techniques carried out by literature and the internet, while the data analysis method is analyzed descriptively qualitatively. The results show that the provisions of civil procedural law in resolving claims in court so far have been using the basis of HIR, which do not differentiate between complicated and simple case examinations so that the time for settlement is the same. The process starting from submitting/registering a lawsuit, determining the day of trial by the head of the panel of judges, the parties being summoned appropriately, the trial, evidence to the verdict took a long time, namely 6 months (SUPREME COURT CIRCULAR No. 6 of 1992), so the Supreme Court issued SUPREME COURT CIRCULAR No. 2 of 2014 which provides a time limit for completing the case of five (5) months. The simple, fast, and low-cost principles of concretizing a small claim court can be seen in the settlement stage. Settlement of a simple lawsuit is divided into 4 (four) stages, namely: 1), preliminary stage, 2) stage of case examination, 3). The objection request stage and 4), the simple action decision stage. This simple lawsuit settlement process should take a maximum of 25 (twenty-five) days. The simple principle is embodied in the shortened settlement process mechanism, the fast principle is realized within 25 days of completion, a peace that does not use the provisions of Supreme Court rules No.1 of 2016, while the principle of low cost is realized from a simple settlement mechanism, will be affected by the cost of the case.

CONTEXTUAL STUDY OF FAMILY LAW: RETHINKING DIFFERENTIAL ROLES AND POSITIONS OF WOMEN (INDONESIAN COUNCIL OF ULAMA/MUI) IN KEDIRI CITY FAMILIES IN THE PANDEMIC ERA

This research is an effort to affirm the role and position of women in the family who are no longer on the sub-ordinate line. By carrying out a contextual study based on the rules of fiqh legal provisions depend on the god who follows and taghayyur, al-ahkam bi taghayyur al-azminah wa al-amkinah, the research has a significant point. To ensure the validity of this research, the research data is a scientific research method that can be accounted for. The data is extracted through the triangulation method, namely interviews, observation and documentation. The data results were tested for the validity of the data through triangulation of sources and techniques. After the final data, the findings of the study were obtained. Namely, 1) on the economic aspect of the family, women work in a community by developing micro-enterprises; 2) in the social aspect, women provide counselling, socialisation, both online and offline; 3) in the spiritual aspect, women carry out halaqah on family resilience during the pandemic and socialise the MUI fatwa related to vaccination law; 4) in the education aspect, women provide services, education and education to the wider community in dealing with the Covid-19 pandemic.