Legal Protection Of Well-Known Trademarks Under Indonesian Law

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

Divorce can have a profound impact on the psychology of children, who may feel confusion and uncertainty regarding their family roles and identity. Therefore, in every divorce process, determining child custody is very important to ensure that the child continues to receive attention. Formulation of the problem of this research, What are the provisions for post-divorce child custody according to Islamic law and Indonesian positive law, as well as what are the similarities and differences between the two and what factors are considered by Islamic law and Indonesian positive law in determining post-divorce child custody divorce. This research aims to discuss post-divorce child custody rights from two legal perspectives, namely Islamic law and Indonesian law, as well as explaining the differences and similarities between the two. In addition, this research discusses the factors considered by Islamic law and Indonesian positive law in determining child custody after divorce and how they are implemented in judicial practice in Indonesia. The research approach used is a comparative approach. This research analyzes the differences and similarities in post-divorce child custody rules. Islamic law and Indonesian law have similarities in basic principles, namely the best interests of the child. Both also consider the child's age, the parents' abilities, and the child's welfare as the main factors in determining child custody. However, there are significant differences in legal sources, approaches to the age of the child, the role of the courts, and the influence of religion in determining custody.

This research departs from the unclear status of Intellectual Property Rights as part of joint property in Islamic Family Law. The immaterial nature of Intellectual Property Rights but its significant economic value poses its own challenges in the context of property division, especially after divorce or the death of one of the spouses. This research aims to understand and analyze in depth the position of joint property derived from Intellectual Property Rights in the perspective of Islamic Family Law, as well as investigate the status and dispute resolution of such property in legal practice in Indonesia. The main focus of the research includes three main problems: (1) What is the position of joint property rights related to Intellectual Property Rights from the perspective of Islamic Family Law? (2) What is the status of Intellectual Property Rights as joint property in marriage? and (3) How is the settlement of joint property disputes originating from Intellectual Property Rights according to Islamic Family Law in Indonesia. The methodology used is library research with a content analysis approach and a comparative method to the relevant legal system. Data sources consist of primary legal materials such as Law Number 1 of 1974 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and regulations related to joint property; and secondary materials in the form of books, journals, and other legal documents. The data analysis technique uses a normative juridical approach. The results showed that although the principle of joint property in Islamic Family Law recognizes joint ownership of property obtained during marriage, there is no normative clarity regarding the position of Intellectual Property Rights as part of joint property. This creates ambiguity in dispute resolution, especially when Intellectual Property Rights become the main source of income or have high commercial value. This research emphasizes the need for the development of more specific regulations and progressive legal interpretations to ensure legal certainty, justice, and protection of the rights of spouses in the division of joint property involving Intellectual Property Rights. The research recommendations encourage the integration of contemporary fiqh approaches and Islamic family law reform in Indonesia in addressing modern economic developments involving intellectual property as an object of joint ownership.

This paper critically examines the Sarpin case within the context of Indonesia's criminal justice system, focusing on the legal reformation of pretrial procedures and their impact on the protection of suspects' human rights. Indonesia's criminal justice system adheres to the principle of presumption of innocence, which underscores the importance of safeguarding individual rights throughout the legal process. The introduction of the pretrial institution under the Criminal Procedure Code (KUHAP) has introduced significant shifts in judicial practices, particularly in evaluating coercive measures such as arrest, detention, and the termination of investigations. This research addresses three key questions: first, how pretrial procedures are regulated from the perspective of criminal law; second, how the reform of pretrial practices has been influenced by Judge Sarpin's landmark decision; and third, the broader implications of his ruling on the protection of human rights within the Indonesian criminal process. The paper utilizes a normative research method, analyzing relevant statutes and legal concepts through a statutory approach. In the Sarpin case, Judge Sarpin ruled that the investigation warrant used to initiate proceedings against Budi Gunawan was invalid, highlighting a critical legal interpretation of pretrial powers. This ruling not only questioned the procedural foundation of the case but also demonstrated the significant role of pretrial in defending the rights of suspects. Article 77 of KUHAP grants district courts the authority to examine the legality of coercive actions, providing a vital safeguard against potential abuses. The paper evaluates how Judge Sarpin's decision has reshaped legal practices in Indonesia, emphasizing its potential to reform both judicial attitudes and the protection of fundamental rights.

Technological advancements continue to evolve all the time, it cannot be hindered and repressed. Thus, such advances must be directed for the good and welfare of human life, including the development of social media-which are currently offered in various forms. Many benefits can be obtained from social media, among others, as a means to promote trademarks and services from producers to consumers. Promotion of trademarks and services through social media provides convenience and benefits for producers, since it can save cost and time. However, advertisement by using social media also has impact on the trademark law in Indonesia. The widespread use of Internet in the trade sector has brought a lot of consequences on the protection of trademark. Owners of trademarks or services obtain legal protection after they are applied and officially registered. Registered trademark is currently protected by Law No. 20 of 2016 concerning Trademark and Geographical Indications.

The judge as the part that decides on the case plays a very important role in determining thefuture of the law, because each judge's decision will become the center of public attention. Thejudge does not only act as a mouthpiece of the law, but the judge also acts as the inventor of the law (recht vinding). The exercise of the authority of judges in criminal proceedings in law enforcement should uphold the principles that apply in the Criminal Procedure Code in court and benefit justice seekers. in the development of criminal procedure law in Indonesia,specifically regulating the postponement of criminal proceedings related to civil cases or socalled prejudiciel geschil in Indonesia, is regulated in Article 81 of the Criminal Code whichstipulates that "Postponement of criminal prosecution develops with judicial disputes, delaysexpired ". However, if examined closely, it seems that the provisions of Article 81 of theCriminal Code only link prayer disputes with expiration, but not explicitly which will takeprecedence when civil and criminal cases are brought to court at the same time. Theunregulated court dispute has clearly made the legal vacuum (rechtsvacuum) related toprejudicieel geschil, as well as lead to dualism in judicial practices in Indonesia.

This research examines the contextualization of the concept of nusyūz in marriage law in Indonesia and the implications for its resolution regarding the act of beating through a discourse analysis approach. The main focus of the research is to analyze how the interpretation and application of the concept of nusyūz originating from Islamic law is adapted in the context of modern Indonesian marriage law, especially regarding the "beating" solution mentioned in classical texts. Using critical discourse analysis methods, this research explores how discourse about nusyūz is formed and interpreted in various legal texts, fiqh literature, and judicial practices in Indonesia. The research results show a shift in the interpretation of the nusyūz concept from a textual to a contextual understanding that is more in line with the principles of gender equality and human rights. Research finds that "beating" solutions need to be recontextualized with more constructive approaches such as mediation and marriage counseling. These findings contribute to the development of Indonesian marriage laws that are more gender

Foreign investment or well known as "Foreign Capital Investment" is one of the state's efforts to accelerate the pace of the Indonesian economy. So, it is not surprising that the Indonesian Government continues to carry out juridical reforms related to foreign investment. This renewal cannot be separated from the objective of providing certainty and guaranteeing legal protection for foreign investors, so that they can continue to carry out investment in the territory of the Republic of Indonesia. But the question that arises by the author, are the Indonesian laws and regulations sufficient to provide legal certainty in various aspects of investment, from licensing to dispute resolution? In response to this, this paper aims to further examine the legal certainty and protection of foreign investors in carrying out Foreign Direct Investment. The legal research method used is normative legal research through a statutory approach. In addition, this paper uses secondary legal data sources.

Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) and enacted Laws that provide for the right to justice and legal protection for persons with mental disabilities, including the right to own and inherit a legacy. Paradoxically, the same laws legalize actions that undermine their rights. This study examines the legal protection accorded to persons with mental/intellectual disabilities over their inheritance rights as per the Indonesian three-pronged inheritance laws comprising Islamic law, adat law and the civil code. This research is descriptive, using a normative approach with a measure of doctrinal research. Indonesian laws still provide for substituted decision-making for persons with mental disabilities, which legalizes denying their right to legal agency. Ambiguities abound in the laws on important aspects, like how one is declared incapable of making legal decisions. Supported decision-making mechanisms for persons with mental disabilities in Indonesian laws would provide the basis for setting up support centers where persons with mental disabilities can access the necessary support to enable them to make legal decisions. This study can be useful in addressing issues that infringe on the legal rights and protections of people with mental disabilities.

The article is focuses on the research of issues concerning the acquisition of legal protection by olfactory trademarks. As a result of unceasing technological development, means of individualization in the marketing of services or products are acquiring new patterns of expression, in particular in the form of olfactory trademarks. Nowadays, the legislation of only a few countries provides for the possibility of obtaining legal protection for trademarks with this form of expression. It is obvious that with the further development of technology, the registration of olfactory trademarks is bound to become more widespread. This is due to the likelihood that technology will in the future be able to adequately transmit scents at a distance, based on its success over the past centuries in transmitting sound and images. However, since the transmission of scents at a distance by technological means is not currently provided for, the legislator faces a significant dilemma with respect to the legal protection of olfactory trademarks. Since, as a general rule, in order to obtain legal protection, a trademark must be represented in the register, the question arise how to represent olfactory trademark in the register in such a way in the same unambiguous and certain manner as other trademarks. The presence of this aspect which is caused by the specifics of olfactory trademarks naturally raises the question of the legal protection of such trademarks. Thus, the issue of legal protection of olfactory trademarks has thus been reflected the scientific legal doctrine. However, the absence of an unequivocal approach to the legal protection of olfactory trademarks requires further research on this issue. In this study the author examines the specifics of olfactory trademarks, the peculiarities of obtaining legal protection, and the legal approaches to ensuring legal protection of olfactory trademarks. In the course of the study, the author established the criteria for obtaining legal protection for olfactory trademarks and considered the prospects for granting legal protection to such trademarks in Ukraine.

Legal problems in the implementation of land waqf in the community are found in; wakif, status of waqf land, nadzir, wakif heirs, nadzir heirs, and land waqf institutions. Therefore, it is very important to conduct a research on A Comparative Study on the Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia to analyze land waqf practices in Indonesia and Malaysia, then to compare and identify their similarities and differences. This research can provide ideas for the government in updating the land waqf law. This study used a comparative approach. The research data include primary and secondary data. The data were analyzed qualitatively. The results showed that there are some similarities of land waqf practices in Indonesia and Malaysia. These similarities are found in terms of ; its legal basis; forms of wakif and nadzir; as well as the position of the land waqf witness. Meanwhile, the difference lies in; land waqf management practices; government policy on waqf institutions; allotment, term, and settlement of land waqf disputes. By comparing Malaysian and Indonesia land waqf law practices, Indonesia can renew the land waqf law on the aspects of its legal rules and legal institutions.

The application of justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless. The application of Justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. The formulation of the problems in this study: (1) Has the regulation on Justice collaborator in positive law in Indonesia been able to answer the needs of law enforcement as well as protection and reward for justice collaborator? (2) Why do justice collaborators need to be given legal protection and rewards? This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless.

Indonesia is one of the largest archipelagic countries in the world which has a strategic location and has a very large diversity of biological resources. With the potential of marine resources that are owned, they are not immune from the problems they face, such as being a place for illegal fishing practices, especially in sea areas that are directly adjacent to other countries. This study aims to find out how corporate responsibility is as perpetrators of Illegal Fishing in Indonesia and how law enforcement efforts prevent illegal fishing. This study uses normative juridical research methods, namely research that focuses on studying the application of the principles of criminal law in Indonesia regarding the crime of fish theft. The results of the study show that legal protection and prevention of illegal fishing crimes are still not optimal. This can be seen from the lack of public legal awareness of illegal fishing practices and weak law enforcement against illegal fishing crimes. In addition, it is difficult to prove illegal fishing practices carried out by large corporations. Based on this, the authors are of the view that for the sake of realizing legal certainty it is necessary to optimize efforts to prevent and combat illegal fishing practices by involving the community and increasing supervision of illegal fishing practices in Indonesia and the importance of legal unification. provisions on illegal fishing among ASEAN countries. against setting Illegal Fishing practices. The conclusion that can be drawn is that in this case this can be seen from the lack of public legal awareness of illegal fishing practices and the weakness of law enforcement against illegal fishing crimes. In addition, it is difficult to prove illegal fishing practices carried out by large corporations.

The resolution of Cross-Border Insolvency disputes in bankruptcy practice in Indonesia, with a focus on court decision Number 26/PAILIT/2010/PN.Niaga.JKT.PST. This highlights the lack of specific regulations in Indonesian law regarding cross-border bankruptcy, which causes legal uncertainty in resolving such disputes. This research uses a normative juridical approach to examine the application of rules and norms in positive law. The case analysis includes a bankruptcy petition against Manwani Santosh Tekchand filed by OCBC Securities Private Limited, which raises issues regarding the evidentiary strength of the special power of attorney granted to the Attorney. This article emphasizes the importance of clear rules and legal certainty to protect creditor rights and facilitate the execution of debtor assets. The court decisions discussed in this article highlight the legal implications of cross-border bankruptcy resolution, stating that foreign court decisions can be valid and convincing evidence regarding debts and the relationship between debtors and creditors if they meet formal requirements as authentic deeds. However, foreign court decisions cannot be recognized and implemented by Indonesian courts unless there is a ratified convention or the principle of reciprocity. The article concludes that the resolution of cross-border bankruptcy disputes in bankruptcy practice in Indonesia is limited by existing regulations and suggests the possibility of litigation or filing new bankruptcy applications based on debt instruments.

The study aims to examine the influence of legal positivism on law enforcement and judicial practices in Indonesia, particularly in the context of its limitations in realizing substantive justice. The main focus is on the issues of customary land rights, human rights enforcement, and corruption eradication. This method is a normative qualitative approach combining doctrinal analysis and comparative law. Data was collected through a literature study of relevant laws and regulations, court decisions, and academic literature. This method is used to explore and interpret the principles of legal positivism and its influence on the Indonesian legal system, without involving empirical data collection. The novelty of this study lies in its interdisciplinary approach that integrates classical legal positivism theory with contemporary challenges faced by Indonesia's pluralistic legal system. The research introduces the concept of “inclusivity positivism” which suggests that the legal system can retain a formal normative structure, yet still be accommodating to principles of substantive justice, constitutional values, and international human rights norms. The results show that the rigid application of legal positivism often hinders the achievement of social justice. In cases such as customary land rights and corruption eradication, courts tend to prioritize written regulations even when they contradict social realities and constitutional values. The findings also show that although the Constitutional Court has tried to balance with constitutional principles, implementation at the general court level is still limited due to the highly formalist legal culture. This study concludes that legal reform is needed that balances legal certainty and substantive justice. This can be achieved through updating laws in line with human rights principles, training judges in progressive constitutional approaches, and increasing the role of oversight institutions such as Komnas HAM. Thus, legal positivism in Indonesia does not need to be abandoned, but needs to be developed to be more responsive to the demands of justice in a pluralistic society.