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TINJAUAN YURIDIS SENGKETA WARISAN DALAM PERKAWINAN CAMPURAN ANTARA WARGA NEGARA INDONESIA DAN WARGA NEGARA ASING Airin Titus; Selamat Lumban Gaol
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 2 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i2.246

Abstract

Mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) are a growing phenomenon in line with the development of globalization and mobility between countries. This condition not only creates social dynamics but also presents various legal issues, particularly in the field of inheritance. This study aims to analyze the inheritance law regulations in mixed marriages and examine the legal issues that arise in inheritance disputes involving Indonesian citizens and foreign nationals. The research method used is normative juridical research with a statutory and conceptual approach. Legal materials were obtained through literature studies covering relevant laws and regulations, doctrines, and court decisions, then analyzed qualitatively. The results of the study indicate that the inheritance law system in Indonesia is pluralistic, consisting of Islamic inheritance law, customary inheritance law, and Western civil inheritance law, the application of which depends on the religion, citizenship status, and legal system applicable to the parties. In the context of mixed marriages, inheritance disputes often arise due to differences in citizenship, religious differences, the citizenship status of children, and restrictions on land ownership rights by foreign nationals based on the Basic Agrarian Law. Furthermore, the lack of specific regulations regarding inheritance in mixed marriages creates legal uncertainty and the potential for cross-border legal conflicts. Therefore, a more comprehensive legal regulation regarding inheritance in mixed marriages is needed to provide legal certainty and protection for all parties, particularly for children born of mixed marriages.
PERLINDUNGAN MEREK DAGANG DALAM PERDAGANGAN ELEKTRONIK DALAM STUDI KASUS PELANGGARAN MEREK DI INDONESIA Andi; Selamat Lumban Gaol
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 2 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i2.252

Abstract

The development of electronic commerce (e-commerce) in Indonesia has increased the dynamics of digital business, but also posed new challenges in the legal protection of trademarks. Trademark infringement in online transactions is increasingly prevalent, whether in the form of unauthorised use of trademarks, product counterfeiting, or consumer misleading practices. This study aims to analys the effectiveness of trademark protection in electronic commerce in Indonesia, identify the factors causing infringement, and evaluate the applicable law enforcement mechanism. This research uses a juridical-normative method with a study case approach to several cases of trademark infringement that occurred in Indonesia. Data is obtained from the study of legal documents, study case of trademark infringement, as well as analysis of trademark protection policies applied by e-commerce platforms. The results show that although there are regulations governing trademark protection, such as Law No. 20 of 2016 on Trademarks and Geographical Indications. Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation. Law No. 6 of 2023 on Determination of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation become Law, and Law No. 11 of 2008 on Trading Through Electronic Systems. Law No. 19 of 2016 on First Amendment to the Law No. 11 of 2018. Law No. 1 of 2024 on Second Amendment to the Law No. 11 of 2018, and also Government Regulation No. 80 of 2019 on Trading Through Electronic Systems, there are still loopholes in the implementation of the law that allow violations to continue to occur. As a solution, this study recommends strengthening coordination and synergy between the government, businesses, and e-commerce platform providers in creating a more effective monitoring system. In addition, some strategic steps that can be taken include increasing supervision by relevant authorities, optimising the role of e-commerce platforms in filtering and taking action against infringing accounts, and legal education for businesses and consumers. With a more proactive approach, it is expected that trademark protection in electronic commerce in Indonesia can be more effective and provide legal certainty for all parties as well as increasing legal awareness for businesses and consumers is also an important factor in trademark protection efforts in the digital era. With improvements in the trademark protection system, it is expected that e-commerce in Indonesia can develop more fairly and sustainably.