Legal protection for Nike trademark holders in the Klithikan Pakuncen market in Yogyakarta is still not effective because there is no special regulation to protect Nike trademark holders. Law Number ...20 of 2016 concerning Marks and Geographical Indications only concerns the protection of counterfeit goods. This research aims to determine the legal protection for the holder of the Nike trademark on counterfeit shoes in the Klithikan Pakuncen market in Yogyakarta. This study uses a type of combined legal research (normative-empirical) with a legal approach to examine the laws and regulations governing the legal protection of Nike trademark holders on counterfeit shoes circulating in the Klithikan Pakuncen Market, Yogyakarta. The study results concluded that legal protection for holders of counterfeit shoes at the Klithikan Pakuncen Market in Yogyakarta was not effective because the Ministry of Law and Human Rights and the Department of Industry and Commerce had not fully supervised, fostered, nor taken action. Brand infringement which is a complaint offense means that there is not yet complete extra supervision from brand owners to file complaints to parties such as the Ministry of Law and Human Rights and the Department of Industry and Commerce, which should enforce the law instead of doing it passively.
Notaries as one of the public officials who are vulnerable to disputes in the agrarian sector as a consequence of negligence in carrying out their duties and authorities. This research uses the ...method of juridical analysis of the norms and legal customs that exist in the community public and analytical descriptive of the responsibilities of a notary and court decisions. The results of the study indicate that there is negligence and unlawful behavior carried out by both an appearer and the notary himself. This can be seen in the Decision of the Supreme Court of the Republic of Indonesia, Supreme Court Decision No. 185 PK/Pid/2010, the Notary was sentenced based on Article 263 paragraph (1) of the Criminal Code (KUHP) Juncto Article 55 paragraph (1) to the- 1 The Criminal Code (KUHP), which imposes penalties on notaries for falsifying documents. In this case, the Notary as a State official and serving as law enforcement is dealing with the law for actions that he did not commit, as a result of the parties submitting the deed by bringing fake letters or documents. While the Notary argued that his party did not know that the documents received from his client were fake. So that, there is a void of legal norms in the Notary Position Act relating to legal protection and the responsibility of the Notary in making the deed based on data and information falsified by the parties. Therefore, it is necessary to have justice and legal certainty that can solve these problems.
PT. Asuransi Bumi Asih JayaInsurance or Asuransi Bumi Asih Jaya failed to pay due to many factors, one of which was due to the Covid-19 pandemic. This condition caused the investment portfolio of ...the two products to be problematic. After experiencing a default, the Supreme Court finally decided to go bankrupt. So that policyholders must get legal protection from the bankruptcy of Krishna Life. The formulation of the problem in this research is the legal position of the policyholder against the decision of the bankrupt Asuransi Bumi Asih Jayaand the legal protection of the Asuransi Bumi Asih Jayapolicy holder being declared bankrupt. This study also uses a normative juridical research method. As well as using a statutory approach and a conceptual approach. Based on the results of research and discussion of the legal position between Asuransi Bumi Asih Jayaand policyholders under Preferred Creditors and above Concurrent Creditors. Then there is also no legal relationship between Krishna Life and the Policy Holder. This provision is regulated in Article 21 of the Bankruptcy Law/PKPU, so during the bankruptcy process, the assets obtained from Krishna Life are still managed by the Curator because there has been a bankruptcy statement from the Supreme Court Judge at the cassation level. So that there is no legal relationship again between the Insurer, namely Krishna Life and the Insured, namely the policyholder. Legal protection for Asuransi Bumi Asih JayaInsurance even though it has been declared bankrupt based on Article 52 paragraph 1 of the Insurance Law. Asuransi Bumi Asih Jaya Insurance also has the same position and is entitled to obtain the proceeds from the sale of the debtor's assets, both the debtor's assets in the future. The bankruptcy estate settlement process from Life Insurance can be carried out by a Curator who starts the settlement of the bankruptcy estate after the bankruptcy estate is unable to pay and the debtor's business is terminated.
Legal Aid is a right owned by a suspect/defendant to assist the suspect/defendant at various stages of the ongoing trial process. Investigators at this stage of the investigation process are required ...to give suspects the right to be accompanied by legal advisers regardless of the economic status of the suspect so that during the investigation process, the suspect becomes a subject and not an object and is treated equally before the law without discriminating between economic status. The problem in this article is implementing the right to legal Aid for the poor at the investigation stage and what funds are the inhibiting factors in implementing the right to legal Aid for the poor at the investigation stage. The method used in this study uses an empirical normative method with a statute approach. The results and discussion in this study indicate that several efforts are needed to increase effectiveness, including throwing the quality of advocate human resources, signing a joint commitment/agreement between law enforcement officials regarding the implementation of the provision of legal Aid, giving strict rewards and punishments to Legal Aid Organizations.
One of the principles known in legal science is the principle of “majority rule Minority Protection”, this principle emphasizes that minority shareholders are considered for their interests and ...rights. This is because with a minority position, they tend to be less protected rights compared to majority shareholders. The legal protection of the majority shareholders is quite guaranteed, especially through the general meeting of shareholders (RUPS). While the protection of minorities this is a new thing and get less attention. The problem in this study is the regulation of legislation against minority shareholders in closed companies in Indonesia and how the legal remedies of minority shareholders related to violations of their rights. Law No. 40 of 2007 concerning Limited Liability Companies (PT Law) has stipulated that minority shareholders who are harmed due to members of the Board of directors making mistakes or negligence may file a lawsuit against the company (direct lawsuit) and file a lawsuit on behalf of the company (derivative lawsuit). This legal research used normative juridical approach. The data used were primary and secondary data which were analyzed using quantitative method. The results showed that the concept of derivative action provides a balance between effective recovery for shareholders on the one hand and on the other hand provides flexibility to the board of directors to make decisions that are free from shareholder interference. This concept is based on the principle that shareholders should not be involved in managerial matters within the company. In addition, the concept of derivative action plays a role in corporate governance, by providing a deterrent effect against members of the company's Board of directors or commissioners who commit irregularities or fraud. The court shall conduct a stage of testing or examination of errors that have been committed previously by the company concerned, if the company or the company is proven guilty then it can be summoned to a court which will thereafter be decided or tried, in court only accept and examine the derivative lawsuit, provided that the shareholders own at least 1/10 of the shares or 10% of the total number of shares with voting rights, if the commissioners and or directors make a mistake. Then it is considered effective if as long as the regulation is good and regulates certain existing or applicable laws. However, if as long as the court or shareholders see from the law does not match the existing regulations then it is said to be ineffective.
The purpose of this study is to find out how to provide legal protection for victims of terrorism crimes in order to realize constitutional orders. The type of this research is descriptive ...analytical. This research is carried out by examining theories, concepts, legal principles, the systematics of laws, legal comparisons and legal history, and synchronization of laws and regulations. Terrorism can happen anytime, anywhere, and happen to anyone indiscriminately. The damage caused by acts of terrorism is enormous. The rise of terror that occurred with many victims has proven that terrorism is a crime against human values. Terror has proven as a matter of fact as a tragedy over human rights. The physical impact caused by terrorism is not only on those who are targeted but also on victims who do not know and are not related to the target of the terrorist. Article 35A, paragraph 1 under Act No. 5 of 2018 stated that “Victims are state responsibility”. By the presence of state to handle terrorism’s victim, it is hoped that more targeted and equitable rights of all victims affected by an act of terrorism.
Legal Protection of tongkonan Traditional land management in thetraditonal community of Tana Toraja. Guided by Abrar Saleng, and Andi Suriyaman Mustari Pide. This study aims to explain and analyse ...form of customary land management in Tongkonan on customary community of Tana Toraja and to explain and analyse possible implications occurred if customary land management in customary community of Tana Toraja were not protected. This research was conducted in the Tana Toraja District seeing several gaps that can eliminate MHA culture from various actions of several parties. This study uses empirical studies. Data collection was carried out by interviews and then analyzed qualitatively. Tongkonan customary land is managed together by each Tongkonan under the supervision of Tongkonan Layuk and is guided by Aluk Tallu Lolona which plays an important role in maintaining environmental sustainability with the belief that all parts of the land are ancestral heritage that must be preserved as a form of appreciation. The implication occurs if the land of Tongkonan is not protected by law is the loss of the characteristics of the culture of indigenous peoples because of various actions to control the land. Therefore we need regulations to protect the rights of indigenous peoples over their land.
Is there any form of legal protection for plant monumentality? This work envisages an excursus on the interventions made by the Italian legislator on this subject, highlighting the close connection ...between nature and culture emerging from the regulatory framework, also stigmatising the critical elements contained in the legal provisions and proposing new solutions in order to overcome them.
The modern retail business is currently growing rapidly along with the times. Economic progress has also contributed to the development of the modern market and retail business in Indonesia. The ...modern retail business has now expanded to various cities in Indonesia. Even modern shops with minimarket franchises have spread to a number of cities and districts. Modern retail business in the form of hypermart, Indomaret, Alfamart, department store and wholesaler. While shopping centers can be in the form of malls and trade centers. The focus of this research is how are modern retail business practices and how is consumer protection in modern retail businesses?. The data in this study were collected using the methods of observation, interviews and documentation. This type of research is an empirical juridical research using a socio legal approach. The results in this study are first, modern retail business which is a development of traditional retail. In practice, the business applies modern concepts by utilizing technology and accommodates lifestyle developments at the community and consumer level. However, there are still frequent price mistakes made by business actors to consumers. This starts from the unsynchronized price listed on the displayed product with the price stored in the computerized system (product data input on the computer application) at the cashier. Second, business actors need to make efforts to synchronize prices so that price errors do not occur, as well as pay attention to the total purchases that are calculated automatically by the computerized system (product data input on computer applications) and the money that consumers give. Buyers as consumers get protection under the Consumer Protection Act and khiyar aibi in Islamic law. Increasing the accuracy and accuracy of modern retail business actors must always be done, and consumers are required to be smarter in this contemporary muamalah era, by understanding a good transaction method to avoid unwanted things.
The goal of this research is to determine and assess the implementation of halal certification for the pharmaceutical business in accordance with Law Number 33 of 2014 on Halal Product Assurance, as ...well as the variables that hinder and support its implementation. The impact of the JPH Law on the process value chain and supply chain of drugs and vaccines results in a total change in the pharmaceutical industry, including changes in ingredients resulting in reprocessing of quality, safety, and efficacy, changes in the distribution process, addition of personnel or staff, decreased economic capacity of the industry due to increased production costs, and there is a decrease in the industry's economic capacity due to increased costs of production. The halal status of a product has become a must-have for all consumers, particularly Muslims. Some parties, particularly the pharmaceutical business, continue to oppose to the existence of Law No. 33 of 2014 concerning Halal Product Guarantee. The supply of special facilities, such as rooms, equipment, and human resources, will significantly raise costs, resulting in higher drug prices and a reduction in people's access to the items they truly require for health care. Currently, the pharmaceutical sector must import 95 percent or more of its raw materials, totaling 150,000 items, in order to make about 30,000 different types of pharmaceuticals in the country.
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