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All Journal Global Legal Review INJURITY: Journal of Interdisciplinary Studies Jurnal Hukum dan Pembangunan
Saragih, Bintan R.
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Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Masalah Kekuasaan Kehakiman di Indonesia Saragih, Bintan R.
Jurnal Hukum & Pembangunan Vol. 7, No. 6
Publisher : UI Scholars Hub

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Arranging Regulatory Policies to Support Economic Growth, Investment, Industrial Revolution 4.0, Society 5.0, and the Global Economy with Omnibus Law Simanjuntak, Ronald TA; Panjaitan, Marojahan JS; Saragih, Bintan R.
Global Legal Review Vol. 4 No. 2 (2024): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v4i2.7469

Abstract

Arranging regulatory policies to support economic growth, investment, the Industrial Revolution 4.0, Society 5.0, and the global economy using the omnibus law turned out to be problematic. Among the people, there are pros and cons because it is not following the Indonesian legal system, which follows the "civil law" tradition. It is necessary to research the pros and cons of this research. The purpose of this research is to analyze the effectiveness of the omnibus law policy in managing regulations to support economic growth, investment, Industrial Revolution 4.0, Society 5.0, and the global economy. The research method used is normative legal research with a literature study approach. This study concludes that implementing the omnibus law policy in managing regulations to support economic growth, investment, the Industrial Revolution 4.0, Society 5.0, and the global economy is very effective and efficient because the formation is cheaper, faster, and avoids various political conflicts. Law policies formed using the omnibus law method are part of the national legal system. Therefore, the omnibus law policy in managing regulations must refer to the provisions and principles regulated in Law Number 12 of 2011 on the Establishment of Legislation as amended by Law Number 15 of 2019 and Law Number 13 of 2022 and its implementing regulations, Presidential Regulation Number 87 of 2014 and Number 76 of 2021, as well as general and universal principles, the principles and concepts of customary law or, in some instances, the principles and concepts of Islamic law. Everything is elaborated in a direction based on the omnibus law method so that the law developed based on the omnibus law method can create happiness for the Indonesian people, as mandated in the fourth paragraph of the opening of the 1945 Constitution.
Ownership Dispute Resolution Brand Ownership Rights In Indonesia Rusmana, Dodi; Saragih, Bintan R.; Bustani, Simona
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 4 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i4.58

Abstract

Brand rights are one part of intellectual property rights that have an important role in the business world of trading of goods and services, especially in maintaining healthy business competition. The research method in this writing uses a normative juridical type of research. Normative legal research is also called literature law research. The approach used in this study is the Statue Approach method. The results of this research include the settlement of brand disputes can be resolved in two ways, namely through litigation and non-litigation. Judges are expected to have the ability to translate the values of justice in matters faced by him through his decisions. Settlement of trademark disputes in court is expected to be guided by the principles of justice, so that the settlement of trademark disputes can create legal certainty. Lawsuits in court or alternative dispute resolution such as arbitration. Furthermore, the legal implication for the decision may be to regulate "the cancellation or deletion of the registration of the Mark carried out by the Minister by striking out the mark concerned by giving defects about the reason and date of such cancellation or deletion". Dispute resolution through alternative dispute resolution is resolved in a direct meeting by the parties and the results are set forth in writing. The ideal concept in trademark dispute resolution in Indonesia, the author expects legal certainty for trademark dispute resolution in the Commercial court, District Court and State Administrative Court as well as in arbitration. The suggestions include the guarantee of a sense of justice and legal certainty in resolving brand disputes, both litigation and non-litigation. The Directorate General of Intellectual Property must be more careful and thorough through a more efficient trademark registration data collection system so that trademark ownership disputes do not occur.
Co-Authors Panjaitan, Marojahan JS Rusmana, Dodi Simanjuntak, Ronald TA Simona Bustani, Simona