Fradhana Putra Disantara
Faculty of Law, Universitas Jember

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Legal Aid and Community Empowerment in Trademark Protection for Public Procurement: Comparative Reflections from Indonesia, the United States, and Spain I Gede Agus Kurniawan; Khalid Mustafa; Putu Aras Samsithawrati; Fradhana Putra Disantara; Dinara F. Abdunayimova; Antonio Gutiérrez-Pozo
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 1 (2026): (January-June 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i1.36963

Abstract

The increasing integration of intellectual property protection into public procurement has transformed trademarks from private commercial assets into strategic legal instruments that support fair competition, legal certainty, and accountable public governance. Nevertheless, many micro, small, and medium enterprises (MSMEs) continue to face significant barriers in obtaining trademark protection due to limited legal literacy, inadequate legal assistance, and fragmented institutional support. This study aims to examine the contribution of legal aid to strengthening trademark protection for business actors participating in public procurement, analyze how community empowerment is institutionalized in Indonesia, the United States, and Spain, and formulate a more inclusive legal framework for Indonesian public procurement through comparative legal analysis. This research employs normative legal research using statutory, conceptual, and comparative approaches. Legal materials consist of legislation, international legal instruments, academic literature, government reports, and institutional publications, which are analyzed through descriptive, comparative, and prescriptive methods. The findings demonstrate that legal aid should be reconceptualized as a preventive governance instrument encompassing legal education, trademark registration assistance, institutional collaboration, and community empowerment rather than merely litigation services. Comparative analysis reveals that the United States and Spain have developed integrated institutional models involving government agencies, universities, legal clinics, professional organizations, and business communities, whereas Indonesia continues to experience fragmented institutional coordination and limited preventive legal support. Accordingly, Indonesia should reconstruct its trademark protection framework by institutionalizing collaborative legal assistance, strengthening trademark literacy, integrating intellectual property protection into public procurement policies, and enhancing interagency cooperation to promote legal certainty, fair competition, inclusive economic participation, and sustainable public procurement governance. This aligns with Sustainable Development Goals (SDGs) 9: Industry, Innovation, and Infrastructure.
Antitrust Law and Legal Advocacy: Perspective on Promoting Fair Competition in Indonesia, Uzbekistan, and Russia Dwi Edi Wibowo; Fradhana Putra Disantara; Bazarova Dildora Baxadirovna; Ildar Begishev
Indonesian Journal of Advocacy and Legal Services Vol. 8 No. 1 (2026): Legal Advocacy and Justice Innovation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v8i1.34027

Abstract

Antitrust law plays a critical role in ensuring fair competition, yet its effectiveness varies across different legal and institutional contexts. This paper examines the comparative regulation and implementation of antitrust law in Indonesia, Uzbekistan, and Russia, with particular attention to the role of legal advocacy and legal services in enhancing compliance and enforcement. The objective is to analyze how these three countries, with distinct political and economic systems, construct and operationalize their competition law frameworks to promote healthy market competition. Employing a normative legal research method with a comparative approach, the study relies on statutory texts, institutional documents, case law, and scholarly literature. Data were collected through library research and analyzed qualitatively using descriptive-comparative analysis. The findings reveal that Indonesia has developed a comprehensive legal framework through Law No. 5/1999, yet its enforcement remains inconsistent due to institutional limitations and judicial resistance. Uzbekistan has adopted modern competition principles in its 2012 Competition Law, but enforcement is hindered by state dominance in the economy and limited legal capacity. Russia, in contrast, possesses a mature regulatory framework and a powerful Federal Antimonopoly Service (FAS), though enforcement often reflects political considerations. Across all three contexts, legal advocacy and professional legal services significantly influence compliance by educating businesses, guiding merger notifications, and shaping litigation strategies. This study contributes to comparative competition law scholarship by highlighting the interplay between regulation, enforcement, and advocacy in shaping effective competition regimes. The conclusion underscores that building effective antitrust law requires not only robust statutes but also active advocacy and accessible legal services. Recommendations include strengthening compliance mechanisms in Indonesia through KPPU’s DPKPU guidelines, enhancing legal education in Uzbekistan to foster a bottom-up competition culture, and encouraging FAS Russia to sustain transparency in digital markets.