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All Journal POLITICA: Jurnal Hukum Tata Negara dan Politik Islam JURISTA : Jurnal Hukum dan Keadilan
T. Surya Reza
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALYSIS OF THE SUPREME COURT DECISION NO. 119 PK/Pdt.Sus-HKI/2017 ON TRADEMARK DISPUTES FROM THE PERSPECTIVE OF HAQ AL-IBTIKAR Muhammad Qeis; Muhammad Syuib; T. Surya Reza
JURISTA: Jurnal Hukum dan Keadilan Vol. 10 No. 1 (2026): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v10i1.326

Abstract

Trademark protection is an integral part of the intellectual property system that protects a product's reputation, economic value, and identity. According to Article 3 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, trademark protection is only granted to registered trademarks. However, in practice, trademark infringement has occurred, as in Supreme Court Decision Number 119 PK/Pdt.Sus-HKI/2017, between PT Gudang Garam as the owner of the well-known trademark "Gudang Garam" and the party using the trademark "Gudang Baru" on cigarette products. The method used was a normative legal approach, with a conceptual lens, examining case studies and literature as data collection techniques. The results of the survey show that PT Gudang Garam initially lost at the first level and in cassation because the judge considered the registration of the Gudang Baru trademark to be administratively valid. However, through a case review (PK), the Supreme Court found bad faith and similarity in essence, so that Gudang Garam ultimately won the case. This shows that the protection of well-known trademarks still faces challenges in terms of evidence in court. From the perspective of Haq al-Ibtikar, such actions constitute the unlawful taking of another person’s rights, which is prohibited under Sharia law, because trademarks are intellectual works with practical and economic value. It is recommended that trademark rights be protected preventively through official registration, market monitoring, and legal education for business actors, as well as strict law enforcement against trademark registrations made in bad faith.
Dari Dosen ke Advokat: Telaah Putusan Mahkamah Konstitusi Nomor 150/PUU-XXII/2024 dalam Perspektif Siyasah Qadhaiyyah Mukhsin Mukhsin; Rahmat Efendy Siregar; T. Surya Reza
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i2.13102

Abstract

Civil servant lecturers are required to fulfil the Tri Dharma of Higher Education, including community engagement, which may take the form of providing legal assistance. In practice, this obligation encounters a legal barrier because Article 3 paragraph (1)(c) and Article 20 paragraph (2) of Law Number 18 of 2003 on Advocates prohibit civil servants from practising as advocates. This restriction has triggered debate over whether law lecturers, as civil servants, may exercise their constitutional rights to participate in advocacy work. This study seeks to examine the Constitutional Court’s legal reasoning in Decision Number 150/PUU-XXII/2024, which authorises civil servant lecturers to act as advocates within certain limits, and to assess the relevance of this decision through the lens of siyasah qadhaiyyah. Employing a qualitative research design supported by a statute approach and analytical approach, the study analyses pertinent primary and secondary legal sources. The findings reveal that the Constitutional Court issued a conditionally unconstitutional ruling on the contested provisions of the Advocate Law, clarifying that civil servant lecturers may undertake advocacy activities solely for pro bono services through university legal aid institutions. This ruling affirms the protection of constitutional rights guaranteed in Articles 28C and 28D of the 1945 Constitution and resonates with principles of substantive justice in siyasah qadhaiyyah, particularly the pursuit of the public good (maslahah ammah) through the involvement of legal scholars. The study concludes that constitutional justice and Islamic legal ethics can be synergised to balance individual rights with the professional responsibilities inherent to state officials.
Co-Authors Muhammad Qeis Muhammad Syuib Mukhsin Mukhsin Rahmat Efendy Siregar