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All Journal Adagium: Jurnal Ilmiah Hukum Anthroposia: Journal of Social and Human Development
Sarah Tyas Prameswari
UIN Sunan Gunung Djati Bandung
Law, Crime, Criminology & Criminal Justice Social Sciences

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A Legal Review of the Use of the “Gudang Baru” Trademark as an Alleged Infringement and Unfair Competition Against Gudang Garam Sarah Tyas Prameswari; Revima Nelyna Muntaha; Laila Nur Fadila; Ikhwan Aulia Fatahillah
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: 10.65310/9mmr4c56

Abstract

This study examines the legal implications of the use of the “Gudang Baru” trademark as an alleged trademark infringement and form of unfair competition against the well established “Gudang Garam” trademark within the Indonesian legal system. The research adopts a non empirical normative juridical approach based on statutory analysis, case analysis, and conceptual legal reasoning. Primary legal materials consist of international intellectual property instruments, national trademark legislation, competition law regulations, trademark registration rules, and judicial decisions relevant to the dispute. The findings indicate that the legal assessment extends beyond visual similarity and requires consideration of consumer confusion, the protection of well known trademarks, good faith registration requirements, and broader principles of market fairness. The study further demonstrates that the status of Gudang Garam as a well known trademark strengthens its entitlement to enhanced legal protection under domestic and international legal frameworks. The analysis also reveals that the use of the Gudang Baru trademark raises concerns regarding passing off, free riding, and bad faith registration that may distort fair competition. Stronger integration between trademark law and competition law is necessary to preserve legal certainty, protect commercial goodwill, and promote equitable market competition.
Perdagangan Satwa Dilindungi Sebagai Bentuk Kejahatan Lingkungan Asti Anindya Khoerunisa; Afwany Hisaaby; Anaku Alana; Sarah Tyas Prameswari; Yuyun Meliyani
Adagium: Jurnal Ilmiah Hukum Vol 4 No 1 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v4i1.263

Abstract

This study aims to analyze the reasons why the trade in protected wildlife can be classified as an environmental crime, the forms of legal liability imposed on offenders within the Indonesian environmental law system, and the role of environmental law enforcement in preventing the extinction of protected species. This research employs a normative juridical method with a descriptive qualitative approach. Data were obtained through library research by examining statutory regulations, legal literature, textbooks, and relevant scholarly journal articles related to the conservation of biological natural resources and environmental crimes. The findings indicate that the trade in protected wildlife constitutes not merely an ordinary criminal offense, but an environmental crime that causes serious ecological impacts, including ecosystem degradation, loss of biodiversity, and threats to species extinction. Legal liability for offenders may be imposed through administrative, criminal, and civil sanctions cumulatively. The study also finds that the effectiveness of environmental law enforcement plays a crucial role in protecting wildlife, although in practice it still faces various challenges, such as weak deterrent effects and low public legal awareness. This study is expected to strengthen the environmental law perspective in addressing protected wildlife trade and to serve as a reference for the development of more comprehensive and sustainable policies and law enforcement strategies.
Co-Authors Afwany Hisaaby Anaku Alana Asti Anindya Khoerunisa Ikhwan Aulia Fatahillah Laila Nur Fadila Revima Nelyna Muntaha Yuyun Meliyani