Dinamika Hukum

KAJIAN TENTANG KASUS SENGKETA MEREK GS DENGAN MEREK GSJ BERDASARKAN HUKUM POSITIF DI INDONESIA

Richard Jemiel Heng — 2024-10-25

Trademark dispute cases often occur in Indonesia, such as what happened in the trademark dispute case between PT. Yuasa with PT. Golden Surya Jaya in Indonesia. PT. Yuasa holds the GS trademark, while PT. Golden Surya Jaya has a similar trademark, GSJ. This brand conflict has led to legal disputes in Indonesia. where unscrupulous companies such as PT Golden Surya Jaya imitate the GS brand which has a high reputation, this indicates urgency for the need for protection and enforcement of trademark rights with the issuance of Law No. 20 of 2016. This research had a purpose to analyze and study cases of trademark disputes that occur in Indonesia in cases of disputes that occur in Indonesia and how positive law in Indonesia can protect trademark rights from these cases and what are the legal consequences and responsibilities involved. must be provided by product imitation actors to companies that are harmed in order to provide solutions to problem solving in cases of brand disputes. The researching method is a normative juridical research method by examining the theoretical approaches, concepts and statutory approaches by examining the statutory regulations concerned with this research.

IMPLEMENTASI KINERJA PEGAWAI DALAM MEWUJUDKAN WILAYAH BEBAS DARI KORUPSI DI RUMAH TAHANAN NEGARA KELAS IIB BARRU

Ardiyanti Aris — 2024-10-25

Penelitian ini bertujuan untuk Untuk mengetahui upaya yang dilakukan oleh pegawai Rumah Tahanan Negara Kelas IIB Barru dalam mewujudkan Wilayah Bebas dari Korupsi. Penelitian ini dilakukan di Rumah Tahanan Negara Kelas IIB Barru. Data yang diperoleh berasal dari data primer dan data skunder dengan menggunakan teknik pengumpulan data melalui wawancara, dan pengamatan/observasi, kemudian diolah dan dianalisis berdasarkan rumusan masalah secara kualitatif. Hasil penelitian ini menunjukkan bahwa Implementasi Kinerja Pegawai dalam mewujudkan Wilayah Bebas dari Korupsi di Rumah Tahanan Negara Kelas IIB Barru. Telah dilakukan dengan mencapai target kinerja yang tertuang ke dalam 6 (Enam) Area Perubahan zona integritas menuju wilayah bebas dari korupsi, namun belum berjalan secara maksimal.. Faktor-faktor yang berpengaruh dalam Implementasi kinerja pegawai dalam mewujudkan wilaah bebas dari korupsi di Rumah Tahanan Negara Kelas IIB Barru yaitu terbagi menjadi faktor Pendukung dan faktor penghambat. Bagi pihak Rumah Tahanan Negara Kelas IIB Barru agar lebih meningkatkan kinerja dan integritas serta Penambahan sarana dan prasarana pendukung

PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERKOSAAN BAGI PENYANDANG DISABILITAS (STUDI KASUS PUTUSAN PERKARA NO. 42/Pid.B/2019/PN.Lbb)

Rakha Fadhilah — 2024-10-25

Sexual violence against persons with disabilities, especially women, is increasing due to their vulnerability. This research is a normative legal research, using a case approach. The data source used is secondary data, namely primary legal materials, such as laws and court decisions. Secondary data used includes literature related to the object of research. The method used is the normative juridical method. The results of this study found that although the protection and consideration of judges are quite good, there are still factors that need to be considered, especially the rights of victims in accordance with Law No. 8 of 2016. One example is the decision that will be discussed in this article, namely Decision No. 42/Pid.B/2019/PN.Lbb.

ANALISIS KRITIS TERHADAP AMBANG BATAS PENCALONAN KEPALA DAERAH: PERSPEKTIF HUKUM DAN KEBIJAKAN PUBLIK

Firdaus Arifin — 2024-10-25

The candidate threshold policy for regional heads in Indonesia aims to enhance candidate quality through significant political support. However, the implementation of this policy often negatively impacts political participation and competition at the local level. This study aims to analyze the effects of the candidate threshold policy on the number of candidates, the dominance of major parties, and the quality of local democracy. The research employs legal research methods, including literature review and policy analysis with a qualitative approach. The findings indicate that the threshold policy leads to a decrease in the number of candidates, strengthens the dominance of major parties, and reduces healthy political competition. Recommended policy reforms include lowering the threshold, providing support for independent candidates, increasing transparency, conducting periodic evaluations, and enhancing political education. The implications of these findings highlight the need for policy adjustments to create a more equitable and effective election process and to strengthen the quality of local democracy.

IZIN KELUARGA DALAM PEMBUKTIAN TINDAK PIDANA KASUS PEMBUNUHAN MELALUI PEMERIKSAAAN KEDOKTERAN FORENSIK DI WILAYAH HUKUM POLDA RIAU

Petrus Warsiki Simarmata — 2024-10-27

In the examination of a criminal case involving Crimes Against Life becomes an inseparable part in a judicial process that aims to seek material truth (materiile waarheid), one of the efforts is by using forensic medical science, the first step taken by the police is to request through a forensic autopsy a material truth can be revealed scientifically, both at the time of the start of the case investigation until the case is proven in court. This study looks for how the role of forensic medicine in assisting investigators to find material truth in murder cases, based on the results of field research, the role of forensic medical science assistance is needed to find material truth in murder cases in order to make light of the criminal case and obtain valid evidence, but not always the role of forensic medicine is successful, there are also obstacles that occur. The conclusion drawn from this research is that law enforcement officials need to coordinate with forensic doctors and must prioritize justice as the basis for conducting investigations.

PERAN MASYARAKAT SIPIL DALAM PENGUATAN DEMOKRASI POLITIK ISLAM DI INDONESIA

Akhmad Mundakir — 2024-10-27

Civil society is a socio-political construct that places Islam and the State in a state of mutual need, namely, Islam, on the one hand, as a moral guide for state management, and the State, on the other, as a foundation for Islamic values. This conception refers to the significant amount of the Medina-built society of the prophet Muhammad and Khulafaurrasyidin, which consists of five key pillars: monotheism, humanism, deliberations, justice, and Brotherhood.

This artiicle aims to investigate how civil society interacts with the growth of political democracy in Indonesia. The researcher used descriptive qualitative techniques in this investigation by analyzing primary data collected from library studies. The data were processed using discourse analyzes and hermeneutic analysis techniques. Besides, the researchers used the historical, sociological, philosophical, and theological convergence approach. The article result revealed that the process of consolidating and improving political democracy in Indonesia remained bureaucratic and did not wholly represent civil society characteristics.

PERSPEKTIF HUKUM TINDAK PIDANA HAK MERK INDUSTRI BATIK DI PEKALONGAN

Ulin Nuha — 2024-10-28

Batik is a work of art that has unique cultural values. The existence of batik can be found at any time in all corners of the city of Pekalongan. Meanwhile, batik production and trading activities are active throughout the day, even late at night. The pulse of people's lives, which is never separated from batik, has given Pekalongan the image of a "batik city".

This is quite relevant considering that the people of Pekalongan city cannot be separated from batik, batik has become the economic lifeblood of the people of Pekalongan. Pekalongan batik production is not only sold in the local market but has reached and penetrated the international market. As competition in the international batik industry has arrived, it is fitting for Pekalongan batik to receive legal protection. The legal protection in question is about intellectual property rights, one of which is related to the use of trademark rights.

There are two problems in this research, namely how to obtain legal protection for brand rights, logos, batik motifs and models in Pekalongan and how to report criminal acts of misuse or counterfeiting batik logos/brands that have been registered with Intellectual Property Rights.

This research was conducted using a normative juridical research model or a normative legal research method. The normative juridical research method is a library-based legal research method. In this research, research will be carried out by analyzing the problems being discussed relating to the regulations on Intellectual Property Rights, specifically Brand Rights. Then the author connects it with legal protection of brand rights for the Batik industry in Pekalongan.

Research results Legal protection for copyright of batik motifs generally exists in the 2002 UUHC, as regulated in Article 12 letter i. Based on developments in the 1987 UUHC and 1997 UUHC, batik art that receives copyright protection is non-traditional batik art with the consideration that traditional batik art has become common property (public domain). In the 2002 Copyright Law, both traditional and contemporary batik receive protection. Legal protection for batik motif copyright is obtained automatically without registration. Copyright registration for Pekalongan batik motifs is still rarely done.

UUHC 2002 basically protects the artistic work of batik craftsmen without having to register. This creates several problems, namely, new motifs created by batik craftsmen in Pekalongan are marketed, and within three months the printed batik will come out. Regarding this problem, the Pekalongan City and Regency Department of Industry and Trade has not yet taken action because basically most batik motifs in Pekalongan have not been copyrighted. If people want to protest and demand it, it will also cost a lot of money, even though most craftsmen in Pekalongan have little capital. The level of awareness and understanding of the public, especially small and medium industrial entrepreneurs, regarding copyright is still low, so this condition becomes even worse due to the lack of ability to access information, as well as understanding of relevant agency officials regarding the importance of copyright.

Keywords: Brand Rights, Legal Protection, Pekalongan Batik

EFEKTIVITAS MEDIASI DALAM PENYELESAIAN SENGKETA PROSES PEMILU TAHUN 2024 YANG BERKEADILAN

Rudyanti Dorotea Tobing — 2024-10-28

Article 468 paragraph (3) of the Election Law mandates that Bawaslu and its regional offices carry out the Settlement of Election Process Disputes (PSPP) through mediation or deliberation and consensus. This mediation is not optional but obligatory, aiming to reach an amicable agreement between the disputing parties. This process reflects Indonesia's local wisdom in resolving disputes peacefully through deliberation. Mediation or deliberation embodies Indonesia’s local wisdom in peacefully resolving disputes, providing psychological and political peace of mind for the parties involved through a win-win solution approach. In PSPP, mediation is prioritized to achieve a fair agreement for all disputing parties. The method used is normative juridical and employs descriptive analysis. In the 2024 elections, the number of PSPP applications decreased significantly, but the quality of dispute resolution through mediation improved. According to Bawaslu RI data as of March 25, 2024, 64.46% of disputes at the stage of determining the Provisional Candidate List (DCS) and the Final Candidate List (DCT) were resolved through mediation, 83.87% at the stage of changes to the DCT, and 97.34% for the Settlement of Disputes between Election Participants (PSAP). For the verification and determination of political parties, 16.67% were resolved through mediation. This success was supported by mediator training, the enhancement of election supervisors’ capacities, as well as representative technical guidelines from Bawaslu RI, along with the strong commitment of all election supervisors.