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All Journal Indonesian Journal of Criminal Law Studies Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Anak Agung Ayu Ngurah Sri Rahayu Gorda
Faculty of Law, Universitas Pendidikan Nasional
Law, Crime, Criminology & Criminal Justice

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Bank Trademark Protection in the Digital Era: Comparative Study of Indonesia, United States, Oman Anak Agung Ayu Ngurah Sri Rahayu Gorda; I Gede Agus Kurniawan; Putu Aras Samsithawrati; Princess Alyssa D. Tee-Anastacio; Musallam Al Awaid
Unnes Law Journal Vol. 12 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.48344

Abstract

This article examines the protection of bank trademarks in Indonesia, the United States, and Oman, representing Civil Law, Common Law, and a mixed civil–Sharia–GCC legal system respectively. It addresses two main questions: how differences in legal traditions shape the regulation and enforcement of bank trademarks in the digital era, and what model of protection can be formulated to make such protection more adaptive to technology‑based infringements while reinforcing depositor trust. Using a normative legal method with statute and comparative approaches, the study analyzes national trademark and banking regulations, international instruments such as TRIPS and the Madrid Protocol, GCC trademark rules, and relevant case law, interpreted through Lawrence M. Friedman’s legal system theory (structure, substance, and legal culture). The findings show that the United States provides the most advanced protection for bank trademarks through the combination of the Lanham Act, doctrines of likelihood of confusion and dilution, specific tools such as the ACPA and UDRP, and strong coordination with financial regulators. Indonesia and Oman have aligned their substantive rules with international standards, but face structural and cultural constraints, including fragmented inter‑agency coordination, the absence of fast‑track and online dispute resolution mechanisms for digital disputes, and limited institutional capacity. The article proposes a hybrid, trust‑centred model for Indonesia that strengthens substantive norms on bank trademarks, institutional coordination between IP, financial, and digital regulators, and rapid procedures for digital enforcement, while embedding consumer protection, good faith, and amanah as guiding principles.
Reconstructing Criminal Liability in Trademark Law: Lessons from Indonesia and Spain I Gede Agus Kurniawan; Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Anak Agung Ayu Ngurah Sri Rahayu Gorda; Antonio Gutiérrez-Pozo
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.36962

Abstract

This study examines the construction of criminal liability in trademark law through a comparative analysis between Indonesia and Spain. The main problem addressed is the limited effectiveness of Indonesia’s criminal trademark enforcement under Law Number 20 of 2016 on Trademarks and Geographical Indications, particularly due to its complaint-based offense model, unclear formulation of mens rea, limited scope of actus reus, and the absence of explicit corporate criminal liability and asset forfeiture mechanisms. The purpose of this research is to identify the similarities and fundamental differences in criminal liability frameworks in both jurisdictions and to formulate an ideal reconstruction model for Indonesia based on Spain’s best practices. This study employs normative legal research, drawing on conceptual and comparative approaches, by analyzing primary legal materials, legal doctrines, and relevant academic literature. The findings show that Spain provides a more coherent and effective criminal enforcement system through the integration of trademark crimes into the Código Penal, the application of public offenses, the requirement of commercial intent, the recognition of aggravated offenses, and explicit corporate criminal liability supported by additional penalties such as confiscation and business closure. In contrast, Indonesia’s current framework remains fragmented and less responsive to organized and digital-based trademark counterfeiting. This study concludes that Indonesia must reconstruct its criminal trademark provisions by shifting towards a differentiated public-offense model, strengthening the formulation of intent and commercial purpose, expanding digital enforcement coverage, incorporating protection for well-known unregistered marks, and establishing corporate criminal liability with comprehensive sanctions to ensure effective and proportional trademark protection aligned with international standards.
Co-Authors Antonio Gutiérrez-Pozo I Gede Agus Kurniawan Musallam Al Awaid Ni Ketut Supasti Dharmawan Princess Alyssa D. Tee-Anastacio Putu Aras Samsithawrati