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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Cita Hukum Kordinat : Jurnal Komunikasi antar Perguruan Tinggi Agama Islam JOURNAL of LEGAL RESEARCH
Mohammad Ali Wafa
Faculty Of Shariah And Law Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : journal of legal research

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Analisis Yuridis Terhadap Penyelesaian Sengketa Merek Gudang Garam Dan Gudang Baru (Studi Kasus Putusan Nomor 104 PK/Pid.Sus/2015) Muhamad Ikbal Hajizi; Mohammad Ali Wafa; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i2.12007

Abstract

Abstract:Provisions regarding the resolution of trademark disputes in CHAPTER XV of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications state that the procedure for resolving trademark disputes can be carried out in civil cases through the Commercial Court within the scope of General Courts/District Courts, Crimes through District Courts, Arbitration through Arbitration Institutions, and Other alternative dispute resolution in accordance with the agreement of the parties to the dispute. The existence of provisions regarding civil and criminal settlement in trademark problems sometimes causes polemic, because in the legal world the boundary between criminal law and civil law is very thin. Therefore, it is not uncommon in trademark disputes that should be resolved by civil law instead ends with criminal sanctions. The purpose of this study is to find out the procedure for resolving trademark disputes if resolved in a Civil and criminal manner, as well as the causes of Dissenting Opinion of the Supreme Court judges in examining the Review of the New Gudang brand in decision No. 104 PK/ Pid.Sus / 2015.Keywords: Brand Dispute Resolution, Dissenting Opinion
Legal Standing Pemohon dalam Perkara Pembubaran Partai Politik Berdasarkan Prinsip Negara Demokrasi Rahmah Nurlaily; Moh Ali Wafa; Irfan khairul Umam
JOURNAL of LEGAL RESEARCH Vol 2, No 4 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.14595

Abstract

This research is to know how the provisions regarding the legal standing dissolution of political parties in the country of democracy, namely Indonesia and Germany, and know the legal position of the applicant in the case of dissolution of political parties in Indonesia in accordance with the principles of democracy, this is based on studies with the German state. This research uses the type of normative research, in this research method of data collection is done by Library Research technique, by studying the literature, rules of invite-invitations, books, official documents, and writings of scholars related to this thesis. The Data has been compiled and analyzed using a juridical normative method or qualitative method, which is a study that specialized in the study based on the legal theories that are then associated with legislation.The approach used in this research is a statutory approach as well as an analytical approach. The results of this research showed a comparison of legal standing applicants for the dissolution of political parties in Indonesia with Germany, where Indonesia has similarities with the German state that both have a multi-party system as well as the authority to dissolution its political party owned by the Constitutional Court, but in the application of a legal standing applicant dissolution of a different political party, which German , the implementation is already based on the principle of democracy, unlike Indonesia which legal standing applicants only government only, of course this is not based on the principle of democracy state when mirrored to the German state. That there should be other parties who become applicants in the case of the dissolution of political parties in Indonesia, namely the DPR and DPD, it reflects the life of a democratic country and the oversight of the political parties and governments who become parties in the application of the dissolution of the political party, for that it is necessary to study the authority of the applicant in the dissolution of political parties in
Co-Authors Irfan Khairul Umam Muhamad Ikbal Hajizi Muhammad Yasir Rahmah Nurlaily Sudirman Abbas Umar Sulaiman