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Analysis of implementation of trade secret legal protection in franchise businesses Karmana, Gadis Reyatezar; Septiani, Dini; Waskim, Waskim; Rahman, Alip; Dikrurahman, Diky
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 6 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i6.844

Abstract

Franchising has significant potential but also high risks due to trade secret violations. Law Number 30 of 2000 regulates trade secrets, but these violations can be detrimental to the party providing the secret. Research on the feasibility of establishing legal protection for trade secrets in franchise companies is crucial. This research aims to examine how franchise businesses have used trade secret legal protections. A qualitative methodology was used, and data collection techniques involved collecting relevant documents. The findings indicate that if trade secrets meet the criteria regulated in Article 1 Paragraph 1 of the Trade Secrets Law, they are entitled to legal protection. Violations may result in criminal sanctions, including imprisonment for up to 2 years or a fine of up to Rp. 300 million.
Legal protection of consumers for transactions in counterfeit goods Septiatiarini, Nadia; Aulia, Puput; Rahmawati, Sindy Dwi; Rahman, Alip; Dikrurahman, Diky
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 6 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i6.849

Abstract

This study examines the legal protection against consumers in Indonesia for the transaction of counterfeit goods. It uses normative legal research and everyday life studies to analyze the contemporary situation. The study reveals that legal protection against counterfeit goods is regulated by Law Number 15 of 2001, which criminalizes business actors selling counterfeit goods, and Government Regulation Number 82 of 2012, which emphasizes the need for accurate information about producers, goods supplied, and contract terms. Additionally, Article 8 of Law Number 8 of 1999 prohibits business actors from trading goods or services that do not meet the requirements for labels, information, advertising, or sales promotion.
Juridical Study of Customary Law In The Indonesian National Legal System Setiawan, Irgi; Muzaffar Wahyu, Ariq; Rahman, Alip; Sutrisno, Anom
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Abstract

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.
Legal Aspects In Handling Money Laundering Cases In Indonesia Riswanto, Riswanto; Akbar Rachmatullah, Muhammad; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.318

Abstract

Money laundering poses a serious threat to the integrity of the financial system and the stability of society, prompting the need for effective handling from all parties involved. This research discusses the legal aspects of handling money laundering cases in Indonesia. Using a descriptive-analytical qualitative approach, this study analyses the existing legal framework, its implementation in law enforcement practice, and the challenges faced by law enforcement officials in handling money laundering cases. Data was collected through literature study and analysis of money laundering cases that have been decided by the court. The results show that although Law No. 8/2010 has provided a strong legal foundation, there are still challenges in its implementation including limited resources, inter-agency coordination, and the development of increasingly sophisticated money laundering methods. Based on these findings, this research presents policy recommendations to strengthen law enforcement in handling money laundering offences in Indonesia.
Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Rahmah Nurazizah, Maulina; Shabrinah, Luthfiyah; Mayana, Sinta; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
Policy On The Formulation of Criminal Law On Illegal Firearm Ownership In Criminal Law Reform In Indonesia Mundzir Rasyid, Abal; Safiranata, Arisandy; Athur, Mohamad; Rahman, Alip; Dimyati, Agus
Devotion : Journal of Research and Community Service Vol. 6 No. 1 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i1.25410

Abstract

Firearm abuse is the most frequent case today. A firearm for the general public is an object/tool used to attack or defend oneself which as a result if shot by a firearm can cause serious injury or death and one of the most disturbing crimes for the community is the crime of using firearms. The flow of crime using the threat of violence and with firearms is indeed very disruptive to public security and order, causing concern in the community.