In commerce, the brand as an intellectual work is important for the smoothness and improvement of trade. A mark has a function as an identifier to distinguish the products of a person or legal entity from those of other people or other legal entities. This is the reason why disputes over trademarks often occur and the need for legal protection for registered trademark owners. Through these legal problems, two formulations of the problem were found, namely how the legal protection of registered trademark owners against fraudulent business practices and what the legal consequences for fraudulent business practices are. This research method uses normative legal research using three approaches, namely: the legal approach, the conceptual approach, and the case approach. The findings of this study are that legal protection for brand owners is only for brand owners who have registered through law number 20 of 2016 concerning trademarks and geographical indications. Mark protection starts from trademark registration, trademark protection for a period of 10 (ten) years and can be extended for the same period of time, taking action against both civil lawsuits, criminal prosecution and administrative steps in the form of rejection of trademark registration and removal of trademarks
{"title":"PERLINDUNGAN HUKUM PEMILIK MEREK TERDAFTAR TERHADAP PRAKTEK USAHA CURANG","authors":"Siti Rofikhok, Abraham Ferry Rosando","doi":"10.53363/bureau.v2i2.42","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.42","url":null,"abstract":"In commerce, the brand as an intellectual work is important for the smoothness and improvement of trade. A mark has a function as an identifier to distinguish the products of a person or legal entity from those of other people or other legal entities. This is the reason why disputes over trademarks often occur and the need for legal protection for registered trademark owners. Through these legal problems, two formulations of the problem were found, namely how the legal protection of registered trademark owners against fraudulent business practices and what the legal consequences for fraudulent business practices are. This research method uses normative legal research using three approaches, namely: the legal approach, the conceptual approach, and the case approach. The findings of this study are that legal protection for brand owners is only for brand owners who have registered through law number 20 of 2016 concerning trademarks and geographical indications. Mark protection starts from trademark registration, trademark protection for a period of 10 (ten) years and can be extended for the same period of time, taking action against both civil lawsuits, criminal prosecution and administrative steps in the form of rejection of trademark registration and removal of trademarks","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129505206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-30DOI: 10.53363/bureau.v2i1.139
Elvaretta Helsa Salsabilla, Ahmad Mahyani
The development of internet technology at this time is one of the most popular ones, especially among teenagers. But not a few of them make the internet a new means to commit crimes against decency, namely cyberporn crimes. Cyberporn is a form of pornography that can be accessed online through an internet network. Enforcement of cyberporn criminal acts is regulated in the Law of the Republic of Indonesia Number 11 of 2008 Jo Law Number 19 of 2016 concerning Electronic Information and Transactions; Law No. 44 of 2008 concerning Pornography and the Criminal Code on Pornography. The problems studied in this study are: (1) How to expand the meaning of pornography in the Bigo Live social media application. (2) How to prevent cyberporn crimes on social media based on live streaming video. The research methods used are qualitative approaches and types of sociological juridical or empirical juridical research. Data obtained by conducting interviews, literature studies and questionnaires. The results of the research from this study are: (1) The importance of the role of law enforcement officials in conducting law enforcement in Indonesia in cyberporn crimes based on live streaming video. (2) Efforts to prevent cyberporn crimes that are rife on the Bigo Live application and by using criminal policies so that they do not happen again with other cases and make the public even more aware of cyberporn crimes. The conclusion of this study is (1) Abuse in the Bigo Live application which still has a lot of content containing pornographic elements has violated the ITE Law, the Pornography Law and the Criminal Code and because there are still many misinterpreters, a Joint Decree on Implementation Guidelines for certain articles in the ITE Law (2) Prevention efforts carried out for cyberporn crimes by carrying out criminal policies using two paths, namely penal facilities and non-piration facilities
互联网技术的发展在这个时候是最受欢迎的，尤其是在青少年中。但也有不少人把互联网变成了犯罪的新手段，即网络色情犯罪。网络色情是一种可以通过互联网在线访问的色情形式。印度尼西亚共和国2008年第11号法和关于电子信息和交易的2016年第19号法规定了网络色情犯罪行为的执法;2008年关于色情制品的第44号法律和色情制品刑法。本研究研究的问题有:(1)如何在Bigo Live社交媒体应用中拓展色情的含义。(2)如何防范基于视频直播的社交媒体网络色情犯罪。所使用的研究方法是定性的方法和类型的社会学法律或实证法律研究。通过访谈、文献研究和问卷调查获得的数据。本研究的研究结果是:(1)印度尼西亚执法人员在基于视频直播的网络色情犯罪执法中的作用的重要性。(2)努力防止在Bigo Live应用程序上流行的网络色情犯罪，并通过刑事政策使其不再与其他案件一起发生，并使公众更加了解网络色情犯罪。本研究的结论是:(1)在Bigo Live应用程式中，仍然有许多包含色情元素的内容，违反了资讯科技法、色情法和刑法，由于仍有许多误读者，因此颁布了一项关于资讯科技法某些条款实施指南的联合法令(Joint Decree on Implementation Guidelines)。(2)透过刑事设施和非盗版设施两种途径来执行刑事政策，以预防网络色情犯罪
{"title":"PENEGAKAN HUKUM TINDAK PIDANA CYBERPORN DI APLIKASI MEDIA SOSIAL BIGO LIVE","authors":"Elvaretta Helsa Salsabilla, Ahmad Mahyani","doi":"10.53363/bureau.v2i1.139","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.139","url":null,"abstract":"The development of internet technology at this time is one of the most popular ones, especially among teenagers. But not a few of them make the internet a new means to commit crimes against decency, namely cyberporn crimes. Cyberporn is a form of pornography that can be accessed online through an internet network. Enforcement of cyberporn criminal acts is regulated in the Law of the Republic of Indonesia Number 11 of 2008 Jo Law Number 19 of 2016 concerning Electronic Information and Transactions; Law No. 44 of 2008 concerning Pornography and the Criminal Code on Pornography. The problems studied in this study are: (1) How to expand the meaning of pornography in the Bigo Live social media application. (2) How to prevent cyberporn crimes on social media based on live streaming video.\u0000The research methods used are qualitative approaches and types of sociological juridical or empirical juridical research. Data obtained by conducting interviews, literature studies and questionnaires.\u0000The results of the research from this study are: (1) The importance of the role of law enforcement officials in conducting law enforcement in Indonesia in cyberporn crimes based on live streaming video. (2) Efforts to prevent cyberporn crimes that are rife on the Bigo Live application and by using criminal policies so that they do not happen again with other cases and make the public even more aware of cyberporn crimes.\u0000The conclusion of this study is (1) Abuse in the Bigo Live application which still has a lot of content containing pornographic elements has violated the ITE Law, the Pornography Law and the Criminal Code and because there are still many misinterpreters, a Joint Decree on Implementation Guidelines for certain articles in the ITE Law (2) Prevention efforts carried out for cyberporn crimes by carrying out criminal policies using two paths, namely penal facilities and non-piration facilities","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116955883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The research objective is to offer protection for Micro, Small and Medium Enterprises products that are not registered with the Director General of Intellectual Property Rights. Using normative research based on the Legislative Approach and Conceptual Approach. Through this research the author offers the importance of brands in Micro, Small and Medium Enterprises and the protection of a product of Micro, Small and Medium Enterprises that has not been registered. There are a lot of Micro, Small and Medium Enterprises in Indonesia, moreover Micro, Small and Medium Enterprises in Indonesia are very influential in the Indonesian economy. Not only developing domestically, but Micro, Small and Medium Enterprises in Indonesia are also very developed abroad. The number of Micro, Small and Medium Enterprises in Indonesia has also led to the emergence of many products and brands. One Micro Small and Medium Enterprise with another Micro Small and Medium Enterprise may not have the same brand name. If there is a problem then in this case it will be a problem who first uses the brand name. The Constitutive System in Indonesia lacks legal certainty regarding trademark rights, in Indonesia it should use legal protection "Proving that the mark has been used in trade activities" and "Willing to be used in trading activities". And Micro, Small and Medium Enterprises must know how important the mark is to get a protection and the government must socialize the registration of the mark
{"title":"PERLINDUNGAN HUKUM TERHADAP PRODUK USAHA MIKRO KECIL DAN MENENGAH TERKAIT MEREK YANG TIDAK TERDAFTAR DI INDONESIA","authors":"T. Ramadhani","doi":"10.53363/bureau.v2i1.16","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.16","url":null,"abstract":"The research objective is to offer protection for Micro, Small and Medium Enterprises products that are not registered with the Director General of Intellectual Property Rights. Using normative research based on the Legislative Approach and Conceptual Approach. Through this research the author offers the importance of brands in Micro, Small and Medium Enterprises and the protection of a product of Micro, Small and Medium Enterprises that has not been registered. There are a lot of Micro, Small and Medium Enterprises in Indonesia, moreover Micro, Small and Medium Enterprises in Indonesia are very influential in the Indonesian economy. Not only developing domestically, but Micro, Small and Medium Enterprises in Indonesia are also very developed abroad. The number of Micro, Small and Medium Enterprises in Indonesia has also led to the emergence of many products and brands. One Micro Small and Medium Enterprise with another Micro Small and Medium Enterprise may not have the same brand name. If there is a problem then in this case it will be a problem who first uses the brand name. The Constitutive System in Indonesia lacks legal certainty regarding trademark rights, in Indonesia it should use legal protection \"Proving that the mark has been used in trade activities\" and \"Willing to be used in trading activities\". And Micro, Small and Medium Enterprises must know how important the mark is to get a protection and the government must socialize the registration of the mark","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117338720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The act of destruction of goods in this case is a motorcycle is one form of lawlessness, which is regulated in Article 406 paragraph (1) of the Criminal Code. The problem is how criminal accountability for the perpetrators of motorcycle destruction and how the judge's consideration in the enforcement of the verdict against the perpetrator of the motorcycle destruction crime. Data collection is based on literature studies and field studies, while data processing is done by editing methods, classification and systematization of data, then analyzed using qualitative analysis. The results of the study showed that criminal liability against the perpetrators of motorcycle destruction crimes has been proven legitimately and convinced guilty of committing criminal acts of destruction and criminally convicted defendants therefore with a prison sentence of 1 (one) year each and the basis of the judge's consideration in the enforcement of the verdict against the perpetrator of the crime of bicycle destruction, among others, evidence, Witness statements, expert testimony, indictments and demands of the Public Prosecutor, elements that meet in the Prosecutor's Indictment, as well as incriminating and mitigating matters in the accused
{"title":"PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PERUSAKAN SEPEDA MOTOR","authors":"Lukmanul Hakim, Okta Ainita, Justicia Tessalonika Panjaitan","doi":"10.53363/bureau.v2i1.13","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.13","url":null,"abstract":"The act of destruction of goods in this case is a motorcycle is one form of lawlessness, which is regulated in Article 406 paragraph (1) of the Criminal Code. The problem is how criminal accountability for the perpetrators of motorcycle destruction and how the judge's consideration in the enforcement of the verdict against the perpetrator of the motorcycle destruction crime. Data collection is based on literature studies and field studies, while data processing is done by editing methods, classification and systematization of data, then analyzed using qualitative analysis. The results of the study showed that criminal liability against the perpetrators of motorcycle destruction crimes has been proven legitimately and convinced guilty of committing criminal acts of destruction and criminally convicted defendants therefore with a prison sentence of 1 (one) year each and the basis of the judge's consideration in the enforcement of the verdict against the perpetrator of the crime of bicycle destruction, among others, evidence, Witness statements, expert testimony, indictments and demands of the Public Prosecutor, elements that meet in the Prosecutor's Indictment, as well as incriminating and mitigating matters in the accused","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123437370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research focuses on the Whatsapp application, Whatsapp is one of the short message telecommunications based on internet applications which in today's digital era most people certainly know a lot about Whatsapp, an example of a real thing and is still often the case, is the leakage of personal data. experienced by a person or community groups, in the end the data leakage This research was made using the Normative Legal Research method. Until now there has been no legislation that concretely regulates the protection of personal data in the State of Indonesia. Thus causing a vacuum of legal norms. There is still a lack of supervision from the Government regarding personal data managed by websites or applications originating from outside Indonesia. The government and the House of Representatives should immediately ratify the Personal Data Protection Law, so that there is no legal norm vacuum. The government must improve the quality of human resources in the process of collecting and managing personal data so that there is no leakage of personal data
{"title":"PERLINDUNGAN HUKUM TERHADAP PENGGUNA APLIKASI WHATSAPP DALAM KEWAJIBAN PENYERAHAN DATA PRIBADI","authors":"Yusqi Alfan Thoriq, Dipo Wahyoeono","doi":"10.53363/bureau.v2i1.25","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.25","url":null,"abstract":"This research focuses on the Whatsapp application, Whatsapp is one of the short message telecommunications based on internet applications which in today's digital era most people certainly know a lot about Whatsapp, an example of a real thing and is still often the case, is the leakage of personal data. experienced by a person or community groups, in the end the data leakage This research was made using the Normative Legal Research method. Until now there has been no legislation that concretely regulates the protection of personal data in the State of Indonesia. Thus causing a vacuum of legal norms. There is still a lack of supervision from the Government regarding personal data managed by websites or applications originating from outside Indonesia. The government and the House of Representatives should immediately ratify the Personal Data Protection Law, so that there is no legal norm vacuum. The government must improve the quality of human resources in the process of collecting and managing personal data so that there is no leakage of personal data","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128431604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-30DOI: 10.53363/bureau.v2i1.145
Aris Firman Hidayat, Rosalinda Elsina Latumahina
Cases of rampant problems regarding halal-labeled food products in Indonesia that are not yet clear about their halal status, show that various products in Indonesia have included a halal label on a product, but the product does not have halal certification from the Ministry of Religion, which means that the initiative from the producer, so that the product is not yet clear about its halal. In this increasingly modern era with all the technology, there has been a change in the marketing of a food product, especially for the Indonesian people, with this technology making everything in society faster and more efficient, including in terms of food marketing. The existence of this technology has provided marketing opportunities for businesses to trade food products online. The online media that is often used by the public to meet their food needs is through the Gofood application service media. Because it can be a great opportunity to trade food products easily. In this research, it examines the laws and regulations relating to the halal food products sold through the Gofood service media
{"title":"PERLINDUNGAN KONSUMEN TERHADAP PRODUK MAKANAN TANPA SERTIFIKASI HALAL YANG DIJUAL MELALUI MEDIA LAYANAN GOFOOD","authors":"Aris Firman Hidayat, Rosalinda Elsina Latumahina","doi":"10.53363/bureau.v2i1.145","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.145","url":null,"abstract":"Cases of rampant problems regarding halal-labeled food products in Indonesia that are not yet clear about their halal status, show that various products in Indonesia have included a halal label on a product, but the product does not have halal certification from the Ministry of Religion, which means that the initiative from the producer, so that the product is not yet clear about its halal. In this increasingly modern era with all the technology, there has been a change in the marketing of a food product, especially for the Indonesian people, with this technology making everything in society faster and more efficient, including in terms of food marketing. The existence of this technology has provided marketing opportunities for businesses to trade food products online. The online media that is often used by the public to meet their food needs is through the Gofood application service media. Because it can be a great opportunity to trade food products easily. In this research, it examines the laws and regulations relating to the halal food products sold through the Gofood service media","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123491120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-30DOI: 10.53363/bureau.v2i1.159
Marcellina Denisanjaya, Y. A. Mangesti
In this study, it will examine the criminal liability of creditors who employ debtcollectors in collecting bad debts. Card-Based Payment Instruments (APMK) regulated in PBI (Bank Indonesia Regulation) Number 14 of 2012, one example of a payment instrument that is often used by the public is the use of Credit Cards. With this payment instrument, it can pose several risks for the community, a problem that often occurs is delays or overdue in paying credit card bills. Until it finally causes credit bottlenecks in payments and also the nominal collection that is increasing due to late fees. The existence of credit congestion can cause other problems for the creditor and the debtor. In general, in the event of a bad debt, the creditor will use the services of a Debtcollector as a third party to collect debts. Debtcollector as a third party charged by the creditor (bank) in collecting debts to the debtor, but the power of attorney that has been given makes the debtcollector do various ways of collecting. There are some debt collection individuals who commit arbitrary acts or unlawful acts in collection. In this study, it uses normative juridical research methods with a statutory approach and a conceptual approach. The results of this study show that the form of criminal liability of creditors who employ debtcollectors can be in the form of imprisonment and/or fines of a certain amount of money for compensation to the aggrieved party. It has not been clearly regulated in the laws and regulations regarding the form of criminal liability of creditors in hiring debtcollectors who commit unlawful acts at the time of debt collection.
{"title":"PERTANGGUNGJAWABAN PIDANA PIHAK KREDITUR YANG MEMPEKERJAKAN DEBTCOLLECTOR DALAM PENYELESAIAN KREDIT MACET","authors":"Marcellina Denisanjaya, Y. A. Mangesti","doi":"10.53363/bureau.v2i1.159","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.159","url":null,"abstract":"In this study, it will examine the criminal liability of creditors who employ debtcollectors in collecting bad debts. Card-Based Payment Instruments (APMK) regulated in PBI (Bank Indonesia Regulation) Number 14 of 2012, one example of a payment instrument that is often used by the public is the use of Credit Cards. With this payment instrument, it can pose several risks for the community, a problem that often occurs is delays or overdue in paying credit card bills. Until it finally causes credit bottlenecks in payments and also the nominal collection that is increasing due to late fees. The existence of credit congestion can cause other problems for the creditor and the debtor. In general, in the event of a bad debt, the creditor will use the services of a Debtcollector as a third party to collect debts. Debtcollector as a third party charged by the creditor (bank) in collecting debts to the debtor, but the power of attorney that has been given makes the debtcollector do various ways of collecting. There are some debt collection individuals who commit arbitrary acts or unlawful acts in collection. In this study, it uses normative juridical research methods with a statutory approach and a conceptual approach. The results of this study show that the form of criminal liability of creditors who employ debtcollectors can be in the form of imprisonment and/or fines of a certain amount of money for compensation to the aggrieved party. It has not been clearly regulated in the laws and regulations regarding the form of criminal liability of creditors in hiring debtcollectors who commit unlawful acts at the time of debt collection.","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134634529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-30DOI: 10.53363/bureau.v2i1.157
Desy Salsa Biela, Abraham Ferry Rosando
Brand is an important thing that is owned by business actors and is often said to be an asset of a business. For this reason, one of the intellectual property rights that the state is required to protect is the mark. Law No. 8 of 1999 Concerning Consumer Protection and Law No. 20 of 2016 Concerning Marks and Geographical Indications control brand rules in Indonesia. However, even though it has been protected, various trademark protections still occur and are mostly carried out by business actors. This study aims to investigate the legal consequences and accountability of business actors who abuse trademark rights. This study uses normative research methods and qualitative research approaches. The study's findings demonstrate that business actors who violate trademark rights may face civil or criminal liability from the original brand owner. The responsibility of business actors who violate trademark rights is regulated in the Trademark Law where the perpetrators can be subject to prison sanctions or witness compensation
{"title":"AKIBAT HUKUM TERHADAP PELAKU USAHA YANG MELAKUKAN PELANGGARAN HAK ATAS MEREK","authors":"Desy Salsa Biela, Abraham Ferry Rosando","doi":"10.53363/bureau.v2i1.157","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.157","url":null,"abstract":"Brand is an important thing that is owned by business actors and is often said to be an asset of a business. For this reason, one of the intellectual property rights that the state is required to protect is the mark. Law No. 8 of 1999 Concerning Consumer Protection and Law No. 20 of 2016 Concerning Marks and Geographical Indications control brand rules in Indonesia. However, even though it has been protected, various trademark protections still occur and are mostly carried out by business actors. This study aims to investigate the legal consequences and accountability of business actors who abuse trademark rights. This study uses normative research methods and qualitative research approaches. The study's findings demonstrate that business actors who violate trademark rights may face civil or criminal liability from the original brand owner. The responsibility of business actors who violate trademark rights is regulated in the Trademark Law where the perpetrators can be subject to prison sanctions or witness compensation","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124748981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bullying is one of the most common cases in children, especially in the school environment. The purpose of this study is to analyze the model of legal protection for children who are victims of bullying in schools according to the victimization approach. The research method uses a normative juridical approach which is analyzed qualitatively by reviewing the legal protection of victims of bullying based on Law Number 35 of 2014 concerning Child Protection. The results of this study conclude that legal protection for children who are victims of bullying in the school environment can be carried out with the procedural rights model and the services model. The procedural rights model for children emphasizes the importance of the victim's activity in the criminal justice process to assist the public prosecutor in the case examination process. While in the service model, children who are victims of bullying at school are also entitled to compensation for the bullying, both physical and psychological, because the psychological impact experienced by victims can trigger feelings of trauma in children so that children who become victims of bullying tend to isolate themselves from their environment, even to depression and suicide
{"title":"VIKTIMOLOGI MODEL PENGATURAN PERLINDUNGAN HUKUM PIDANA BULLYING DI LINGKUNGAN SEKOLAH","authors":"Novita Erdatimulia, Rachma Sofi Lestari, Noerma Kurnia Fajarwati","doi":"10.53363/bureau.v2i1.120","DOIUrl":"https://doi.org/10.53363/bureau.v2i1.120","url":null,"abstract":"Bullying is one of the most common cases in children, especially in the school environment. The purpose of this study is to analyze the model of legal protection for children who are victims of bullying in schools according to the victimization approach. The research method uses a normative juridical approach which is analyzed qualitatively by reviewing the legal protection of victims of bullying based on Law Number 35 of 2014 concerning Child Protection. The results of this study conclude that legal protection for children who are victims of bullying in the school environment can be carried out with the procedural rights model and the services model. The procedural rights model for children emphasizes the importance of the victim's activity in the criminal justice process to assist the public prosecutor in the case examination process. While in the service model, children who are victims of bullying at school are also entitled to compensation for the bullying, both physical and psychological, because the psychological impact experienced by victims can trigger feelings of trauma in children so that children who become victims of bullying tend to isolate themselves from their environment, even to depression and suicide","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130181807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-30DOI: 10.53363/bureau.v2i1.143
Dwi Alfiyatussa Diyah, Ahmad Mahyani
The purpose of this study is to identify and explain the criminal responsibility for perpetrators of sexual harassment with Fetishistic disorder also analyze the conformity of the criminal responsibility received by the perpetrators with Law Number 19 of 2016 on Information and Electronic Transactions. This research was using normative legal methods with statutory approach, conceptual approach originating from primary source in the form of statutory regulations, secondary and tertiary sources from related legal literature. The results of this study are the equating of Fetishistic disorder with the crime of sexual harassment in the form of obscenity as stated in the Criminal Code. The consideration used is the perpetrator's actions which clearly break the norms of decency. The actions taken by the perpetrator are carried out consciously and they know the impact of their actions. In accordance with article 44 of the Criminal Code, the perpetrators have to be responsible for their actions. Because the actions taken by the perpetrators involved technology so it will be a special kind of crime. Thus, the judge considered Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) and/or Article 29 in conjunction with 45B of the Electronic Information And Transactions Law in deciding this crime
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