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All Journal Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Journal Of Law Sciences (Legisci)
Ismayana
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Humanities Law, Crime, Criminology & Criminal Justice

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Legal Protection Against the Use of Brand Names for Geographical Indications on Trusmi Cirebon Batik Saefullah, Faiz; Kharisma, Icah; Riana Sari, Usri; Hidayat, Dudung; Ismayana
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.395

Abstract

The importance of conducting this research is because there is an allegation of violation of the law against the object of Geographical Indication registered as a brand name by an entrepreneur using the name "Batik Trusmi" because it contains things related to geographical indications such as the place of origin of goods, production area, type of goods and character owned by a place. The purpose and purpose of this study is to research an alleged violation in the naming of a registered trademark because it uses a name that is identical to a geographical indication with logical legal reasons and grounds based on a legal perspective, analyzing the certainty of legal protection for the name "Batik trusmi" which is used as a trademark through legal discovery based on the perspective of existing legal regulations, and provides important information to see the facts through the legal science possessed by the author. The method used in this study is normative juridical to examine the problem of trademark infringement with normative research, and the material collection technique used is a literature study including laws, scientific articles, doctrines, etc. The study's results elaborated on the problem that, based on the legal sources collected, the naming of trusmi batik as a registered trademark is contrary to a general naming and a geographical indication naming. It was found that the trusmi batik artisan community has sought a form of protest against the naming of trusmi batik through trademarks in familial ways but has not met maximum results.
APPLICATION OF DIVERSION OF BULLYING CRIMES AGAINST CHILDREN WITH DISABILITIES Komariah, Mamay; Haris, Abdul; Ismayana
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9534

Abstract

Children are an inseparable part of the growth of a nation. Law Number 35 of 2014 concerning Child Protection. Objectives of the study: 1. To find out how the diversion of crimes committed by children is applied at the prosecutor's level. 2. To find out the obstacles law enforcement faces against child violence. Bullying occurred on September 19, 2022, in Bojong Village, Susukan District, Cirebon Regency. Three high school teenagers bullied people with disabilities whose news had gone viral on social media. In this case, the perpetrator was a minor, committing acts of violence against a child with disabilities by mocking and kicking the victim. Individual law enforcement that is not strong will result in crimes or criminal acts that result in people committing criminal acts due to ineffective law enforcement. This study uses an empirical juridical method, which is carried out on facts or events related to the problems in this thesis, using qualitative descriptive where the data obtained from both library studies and interviews will be analyzed by explaining and explaining the results of the research object, then describing the results of the research in the form of mapping the problem after the process will conclude. Based on the research, it can be concluded that the procedural implementation of Diversion efforts at the Cirebon District Attorney's Office has been under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. However, it is not optimal in terms of substance. Of the 17 cases that entered the 2022-2023 period, 10 should have been able to be done, but only 5 cases were successfully pursued by the JPU. The inhibiting factors include weaknesses in Law No. 11 of 2012 SPPA and the community's mindset that considers settlement through Diversi detrimental to the victim.
APPLICATION OF RESTITUTION CRIME IN CASES OF MOLESTATION OF MINORS Adnandito; Artadi, Ibnu; Ismayana
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9574

Abstract

The provision of restitution rights as a form of compensation to children victims of criminal acts of molestation is becoming an interesting issue related to child protection because sexual violence is a type of violence with a high number every year. In this study, the author made 2 (two) problem formulations, namely: how to apply the criminal restitution in the crime of child molestation and what are the obstacles to the implementation of the provision of restitution. This study took a verdict in 2021 regarding cases of sexual abuse that positioned children as victims. The legal research method used is normative juridical which is qualitative to obtain descriptive results. The following are the results of the research that the author has found: The provision of restitution to children victims of criminal acts of abuse is the right of children of victims of criminal acts based on Article 7A of Law Number 13 of 2006, Article 71D of Law Number 35 of 2014 and Article 3 of Government Regulation Number 43 of 2017. An application for restitution can be submitted at the time before the judgment or after the judgment has obtained permanent legal force. So that the provision of restitution to the victim's child is not fundamental. Furthermore, the author found that there was a provision of restitution in the verdict so that the defendant was burdened with the obligation to pay restitution in the amount of Rp.331,527,186.00 (three hundred and thirty-one million five hundred and twenty-seven thousand one hundred and eighty-six rupiah) to the victim's children who had applied for restitution as many as 12 restitution applications. The Panel of Judges upholds procedural principles and does not look at the aspect of child protection.
Co-Authors Abdul Haris Adnandito Dudung Hidayat Ibnu Artadi Kharisma, Icah Komariah, Mamay Riana Sari, Usri Saefullah, Faiz