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Zulfi Chairi
Universitas Sumatera Utara, Medan, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Trademark Protection for MSMEs in Supporting the Creative Digital Economy Zulfi Chairi; Nurhadi Ahmad Juang; Isdiana Syafitri; Geofani Milthree Saragih; Fabli Yusof
Lex Publica Vol. 13 No. 1 (2026):
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.13.1.2026.334

Abstract

This study examines Indonesia’s legal framework for trademark protection of MSMEs in the creative economy, its implementation in North Sumatra, and necessary policy improvements. Using a mixed-method design qualitative interviews and observations combined with a quantitative Likert-based survey of 204 MSMEs the research analyzes Law No. 20 of 2016 and Law No. 20 of 2008 as normative foundations. Findings show that while Indonesia provides a comprehensive framework, implementation remains weak. Empirical data reveal that 87.2% of MSMEs have not registered trademarks, 6.9% are registered, and 5.9% are in process. Barriers include low legal awareness, complex procedures, weak enforcement, institutional limitations, and technical issues in digital systems. MSMEs that registered trademarks acknowledge their importance for brand protection and market recognition. Strengthening trademark protection requires reforms such as simplified registration, enhanced legal education, institutional coordination, financial incentives, stronger enforcement, and optimized digital platforms.
Liability for Unlawful Acts Under the Business Judgment Rule and Piercing the Corporate Veil Doctrine Isdiana Syafitri; Zulfi Chairi
Lex Publica Vol. 12 No. 2 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.2.2025.323

Abstract

The Board of Directors, as an organ of a limited liability company, holds full authority and responsibility in managing the company’s affairs. Nevertheless, in carrying out their duties, directors not infrequently commit unlawful acts that result in losses to the company as well as to third parties. This study aims to examine the concept of directors’ liability for losses suffered by a limited liability company caused by unlawful acts, the limits of such liability, and the available legal protection mechanisms. Employing a normative legal research method, this study finds that Law No. 40 of 2007 on Limited Liability Companies explicitly regulates the principles of fiduciary duty and the business judgment rule as the basis for evaluating directors’ liability. Directors may be held personally liable if it is proven that their actions constitute unlawful acts carried out in bad faith or due to negligence. The principle of piercing the corporate veil serves as a legal instrument that enables the disregard of the company’s separate legal personality in order to impose direct liability upon the directors.
Co-Authors Fabli Yusof Geofani Milthree Saragih Isdiana Syafitri Isdiana Syafitri Nurhadi Ahmad Juang