Naila Syafa Azzahra
Universitas Islam Negeri Sunan Gunung Djati Bandung

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The Impact of the Digital Transformation of Public Services on Administrative Court Disputes at the Administrative Court M. Aldo Dellano; M. Zahran Al-Gibran; Naila Syafa Azzahra; Ravie Surya Justico; Taufiq Alamsyah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/zznmck97

Abstract

The digital transformation of public service delivery through the Electronic-Based Government System (SPBE) has significantly altered the structure of administrative governance and the legal characteristics of State Administrative Decisions in Indonesia. This study examines the implications of digital transformation for administrative disputes before the Administrative Court and evaluates the adequacy of existing legal frameworks in addressing emerging challenges associated with electronically generated governmental actions. Employing a normative legal research design, the study utilizes statutory, conceptual, and doctrinal approaches based on primary legal sources, including administrative, electronic information, and constitutional regulations, as well as relevant scholarly literature. The analysis demonstrates that electronic administrative decisions possess legal legitimacy as reviewable administrative acts; however, their implementation generates complex juridical issues concerning evidentiary standards, attribution of administrative responsibility, algorithmic decision-making, and procedural accountability. Existing procedural and substantive legal frameworks provide partial accommodation for digital governance but remain insufficient to address the evolving realities of technologically mediated administrative action. The study argues that harmonization of administrative law, electronic governance regulation, and procedural adjudication standards is necessary to strengthen legal certainty, judicial protection, accountability, and the effectiveness of administrative justice in the digital era.
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.