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All Journal Anthroposia: Journal of Social and Human Development Sapientia Diversalis: Journal of Human Interaction and Social Studies
Azwa Khaliza
Universitas Islam Negeri Sunan Gunung Djati Bandung

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Legal Protection For Business License Disputes Under Local Government Policy Fahmi Nuraziz Awaludin; Ade Lukman Firmansyah; Azwa Khaliza; Distya Rahma Fauziah; Taufiq Alamsyah
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/3d5k6k30

Abstract

This study examines the legal protection framework governing business licensing disputes arising from local government policies within the Indonesian administrative law system. The research employs a normative legal method based on doctrinal and conceptual approaches through the analysis of statutory regulations, legal principles, and administrative law doctrines. The study focuses on the interaction between local government authority, business licensing regulation, administrative disputes, and legal remedies available to affected parties. The findings indicate that the contemporary licensing regime seeks to promote investment efficiency through regulatory simplification and risk based governance while simultaneously generating legal challenges related to authority allocation, spatial planning compliance, environmental approval, administrative discretion, and public interest protection. The analysis further demonstrates that licensing disputes frequently emerge from inconsistencies between regulatory objectives and administrative implementation. Legal protection is provided through preventive and repressive mechanisms, including administrative objections, administrative appeals, and judicial review before the State Administrative Court. The effectiveness of these mechanisms depends on adherence to legality, accountability, proportionality, legal certainty, and the General Principles of Good Governance. Strengthening institutional coordination and enforcement capacity remains essential for ensuring fair and effective administrative justice in business licensing governance.  
Protection of Well-Known Trademarks Against Bad Faith: The Starbucks Dispute Azwa Khaliza; Naila Syafa AzZahra; Restu Ramania; Ikhwan Aulia Fatahillah
Journal of Human Interaction and Social Studies Vol. 1 No. 1 (2026): :February: Sapientia Diversalis: Journal of Human Interaction and Social Studie
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/7j8wty13

Abstract

The increasing globalization of trade has intensified trademark disputes involving well-known trademarks, particularly those arising from registrations made in bad faith. In contemporary trademark law, protection is no longer confined to similar goods or services, as the unauthorized use of well-known marks on dissimilar goods may create consumer confusion, dilute trademark reputation, and result in unfair competition. This study aims to examine the legal criteria for determining well-known trademark status and to analyze the legal construction of bad faith in trademark registration involving dissimilar goods through the Starbucks trademark dispute in Indonesia. The research employs a normative legal research method using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed using qualitative descriptive methods. The findings reveal that the status of a well-known trademark is determined not only by formal registration but also by public recognition, promotional intensity, international reputation, duration of use, and market penetration. The study further demonstrates that trademark registration for dissimilar goods may constitute bad faith when intended to exploit the goodwill of a famous mark. Supreme Court Decision No. 836 K/Pdt.Sus-HKI/2022 confirms that the first-to-file principle cannot be applied rigidly when evidence of bad faith and the protection of a well-known trademark are at stake. The decision reflects a substantive approach that prioritizes fairness, consumer protection, and the prevention of unfair competition. These findings highlight the importance of balancing procedural certainty with substantive justice in strengthening the protection of well-known trademarks within Indonesia’s trademark law framework.
Co-Authors Ade Lukman Firmansyah Distya Rahma Fauziah Fahmi Nuraziz Awaludin Ikhwan Aulia Fatahillah Naila Syafa Azzahra Restu Ramania Taufiq Alamsyah