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All Journal Jurnal Analogi Hukum
Ni Made Puspasutari Ujianti
Universitas Warmadewa, Denpasar, Bali

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Pemberian Lisensi Merek Tanpa Perjanjian Tertulis dalam Bisnis Hak Atas Kekayaan Intelektual Gusti Ayu Mirah Aena Febiyanti; Ni Luh Mahendrawati; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.289-293

Abstract

Registered brands will get legal protection that can prevent others parties from using the brand without permission. Other parties can use other people’s brands by first holding a written license and applying for registration at the Directorate General of IPR’s trademark office. Application for recording license agreement is submitted to Directorate General of IPR through electronic and non-electronic media. Applicants complete the specified document. Then an examination of the documents is carried out. If the document has been declared complete and appropriate, the Minister records the license agreement in the general list of brands. Then recording the license agreement is announced in the official news of the brand. The legal consequences of the provision of brand licenses carried out in an unwritten manner, the agreement is null and void because it does not fulfill the elements in Article 1 number (18) UUM 2016 jo. Article 43 paragraph (2) UUM 206, and Article 5 paragraph (1) PP No. 36 of 2018 concerning Recording of Intellectual Property License Agreement. It is best for entrepreneurs to be careful in giving licenses to other parties and the Directorate General of Intellectual Property Rights should hold a socialization so that the licensing agreement is carried out in writing and is recorded in the Directorate General of IPR’s trademark office.
Hubungan Keperdataan Antara Pengemudi dengan Perusahaan Ojek Online I Gusti Agung Dhian Maharani Swari Dewi; Ida Ayu Putu Widiati; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.1.3.2019.324-329

Abstract

In Indonesia there are interesting phenomena that occur in the community, in the general public consider that drivers of transportation online are one of the employees of the application service company so that between them there is a working relationship, because with the requirements that must be met when registering as a drivers of transportation online. As for the formulation of the problem to be discussed: 1. what is the working relationship between drivers of transportation online and companies as a form of civil relations? 2. What is the legal protection for drivers of transportation online and if the drivers makes interpretations at work? The research aims to find out and understand the relationship between drivers of transportation online and companies as a form of civil relations and legal protection for drivers of transportation online and if the drivers makes interpretations at work. This type of research uses normative legal research or library research methods is the method or method used in legal research carried out by examining existing library materials. In partnership relationships emphasize the principle of mutualism between the two parties, meaning that this relationship as mutually beneficial and where the position of the parties is equal. The principle in legal protection related to government actions rests and comes from the concept of recognition and protection of human right.
Akibat Hukum Peredaran Informasi yang Tidak Sesuai Pada Kemasan Produk Makanan Putu Gede Prema Sena; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 4 No. 2 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.151-155

Abstract

Lately, there is information on food packaging that has been widely spread among the public that does not match or is incorrect the information contained on the packaging of food products. In this study there are two formulations of the problem, namely how to enforce criminal law for perpetrators and legal protection for consumers against the circulation of products that do not match the information on packaging. This thesis uses normative legal research with a statutory approach, a conceptual approach, and a case approach. The results of this discussion explain that business actors who distribute products that do not comply with packaging information may be subject to criminal law contained in Article 19 paragraph 4 and Article 62 UUPK, and also explains legal protection for consumers which is divided into two, namely legal protection. Preventive measures that focus on prevention efforts, one of which is providing a legal umbrella for consumers and are repressive in the form of enforcement efforts such as giving sanctions to perpetrators. This study is that there should be countermeasures from the government in the form of inspections and also the community as consumers must be critical and careful about the food products they buy.