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All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan International Conference on Social Science
Ningrum Natasya Sirait
Universitas Sumatera Utara, Indonesia

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Legal Protection of Trademark Holders Against Imported Goods: A Contextual Framework under Islamic Economic Law Elfi Haris; OK Saidin; Ningrum Natasya Sirait; Maria Kaban; Ruetaitip Chansrakaeo
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.9064

Abstract

The increasing influx of imported goods in Indonesia has intensified market competition and created complex challenges in protecting the rights of local trademark holders. Weak enforcement mechanisms and limited public awareness have facilitated imitation and unfair competition, threatening economic sustainability and consumer confidence. This study examines the adequacy of Indonesia’s trademark protection and reinterprets it through the ethical and normative framework of Islamic economic law. Using a normative juridical approach with statutory, conceptual, and comparative methods, the research analyzes Law No. 20 of 2016 on Trademarks and Geographical Indications alongside Islamic legal principles such as maqāṣid al-sharī‘ah (objectives of Islamic law), hifẓ al-māl (protection of wealth), and maṣlaḥah ‘āmmah (public interest). This analytical synthesis evaluates the harmony between positive law and Islamic ethics in regulating fair competition. The findings reveal that Indonesia’s legal framework provides sufficient formal protection but remains ineffective due to weak implementation, inadequate sanctions, and the limited capacity of small and medium enterprises. Conversely, Islamic economic principles emphasize moral accountability, fairness, and transparency as essential to market justice. Integrating these ethical values into trademark regulation would not only strengthen compliance but also foster socially responsible trade practices. This study contributes to contextualized Islamic law by proposing an integrated model that harmonizes intellectual property protection with Islamic moral economy. It advances theoretical understanding by linking fiqh mu‘āmalah with modern IP law and offers policy recommendations for promoting ethical branding, fair competition, and sustainable economic protection for Indonesian industries
EXAMINING THE FACTORS THAT LED TO THE REVOLUTION IN THE COUNTRIES THAT WERE ELIMINATED AT BUMN Mercy Monika R Sitompul; Runtung Sitepu; Faisal Akbar; Ningrum Natasya Sirait
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 3 No. 1 (2024): Proceedings of the 4rd International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v3i1.162

Abstract

Separated state wealth has been a "sexy" topic for additional research ever since Law No. 17 of 2003 on State Finances was created, specifically article 2 letter g, which declares that separated state wealth is under the purview of State Finance. This article is cited by all parties when discussing issues pertaining to the riches of divided nations. Act No. 17 of 2003, however, does not specify what constitutes the wealth of a divided state, how it functions, how it is supervised, or how it reports on its obligations. This paper will explain that even though the wealth of the separated state is included in the scope of the state's finances does not mean that the entrepreneur and his responsibilities follow the APBN mechanism and also respond to the cause of the occurrence of differences of opinion. This research is carried out using a method of normative jurisprudence, which is to test and study secondary data. Using secondary information such as legislative regulations, court decisions, legal theory and expert opinion to obtain clarity on the problem. The study concluded that the law was not intended to regulate the wealth of the separated state, and differences of opinion were due to a misunderstanding of the scope of the state's finances and attached the status of state organizer to the body of BUMN
Co-Authors Elfi Haris Faisal Akbar Maria Kaban Mercy Monika R Sitompul OK Saidin Ruetaitip Chansrakaeo Runtung Sitepu