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Kemala, Ratih
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Journal : Humaniorum Journal

 1 
Implikasi Prinsip Persamaan pada Pokoknya sebagai Indikator Itikad Tidak Baik (Bad Faith) pada Sengketa Merek Daimaru Vs Diamaru (Studi Kasus Putusan Perkara Nomor: 623K/Pdt.Sus-HKI/2024) Erfan, Errik; Kemala, Ratih
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i2.85

Abstract

The similarity in essence between one trademark and another that previously registered trademark can be an indicator that a registered trademark is based on bad faith when registering at the Directorate General of Intellectual Property Rights, as regulated in Article 21 Paragraph (3) of Law Number 20 of 2016 Concerning Trademarks and Geographical Indications. A trademark applicant with bad faith are also the reason for a trademark cancellation lawsuit in the Commercial Court. The purpose of this research is to understand how the implications of the principle of equivalence can serve as an indicator of bad faith in the registration of a trademark. This research uses a normative juridical approach by library research. From the research conducted, it was found that there is a diversity of views, especially among judges, regarding the terminology of bad faith. This is because there is no definitive description or definition of bad faith is not clearly explained in trademark law, namely the interpretation of Article 21 paragraph (3) of Law Number 20 year 2016. Based on this research, the principle of similarity essentially indicates that a trademark can be a sign of bad faith in the application for trademark registration because the similarity essentially refers to riding on the reputation of a. Previously registered trademark Keywords: Trademark. Substantial Similarity, Bad Faith
Pertanggungjawaban Hakim atas Pelanggaran Kode Etik dan Tindak Pidana dalam Kasus Rechterlijke Dwaling di Indonesia (Studi Kasus Putusan Pengadilan Negeri Surabaya Nomor 454/Pid.B/2024/PN.Sby) Susanto, Heri; Kemala, Ratih
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v3i3.127

Abstract

Rechterlijke dwaling is a failure of the law enforcement process that injures the sense of justice and diminishes public trust in the judicial system. The role of the judge, as the person fully responsible for the course of the trial, in upholding the law and justice is very crucial. However, it is not uncommon for cases where judges violate the code of ethics or even commit crimes causing rechterlijke dwaling. This journal discusses how judges are accountable both in the ethical and criminal realms in cases of rechterlijke dwaling, as well as the relevance of decision number 454 / Pid.B / 2024 / PN.Sby to this. This study found two things, namely; 1). the existence of a conflict of norms related to the criminal responsibility of judges, which shows the need to strengthen regulations as an effort to prevent the occurrence of rechterlijke dwaling, 2). decision number 454 / Pid.B / 2024 / PN.Sby is a miscarriage of decision which is caused by rechterlijke dwaling in its legal considerations.
Perlindungan Logo Merek Organisasi Yang Didaftarkan Atas Nama Pribadi (Studi Kasus Putusan No. 3/Pid.Sus/2017/PN Btl. (Hak Cipta) Permana, Yana Sukma; Santoso, Soegiharto; Kemala, Ratih
HUMANIORUM Vol 2 No 1 (2024): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v2i1.37

Abstract

Intellectual Property Rights (hereinafter abbreviated to HKI) have a very important position in the current modern era where HKI has become a benchmark in national economic development. Developed countries rely on their country's economic strength from intellectual property as the driving force of their economy. HKI are exclusive rights granted to a person or group of people for their creative works. In simple terms, HKI includes Copyright, Patent Rights and Trademark Rights. This writing is the result of research using normative legal research methods with descriptive research specifications and the experience of Soegiharto Santoso who has been involved as a Management since 1995 and served as General Chair of APKOMINDO for 2 (two) periods 2015-2019 and 2019-2023. In this method, the main data are primary legal materials in the form of legislation related to the implementation of elections and campaigns in Indonesia, secondary legal materials in the form of related books, and tertiary legal materials in the form of legal research journals and other scientific articles. This secondary data was collected through library study techniques and grouped according to the type of legal material, including additional information obtained from Soegiharto Santoso. That Sonny Franslay on December 13 1991 was the initiator of the formation of APKOMINDO (Indonesian Computer Entrepreneurs Association), which initially only had a scale in Jakarta and was non-profit. All association income obtained from member fees will be used entirely to finance the association's activities. Some names that are worth noting as founding fathers of APKOMINDO are Sonny Franslay, Ir. Chris Irwan Japari, Ir. Wiriadi Tirtariyadi, Efendi Ruslim, John Franco, Agus Setiawan and the late. Daniel Tjahyadi. Furthermore, in 2000 in Yogyakarta, entrepreneurs from various regions in Indonesia gathered, including previously recorded as having established APKOM JATIM and APKOM YOGYA, where all organizations agreed to unite into APKOMINDO and become a national-scale, non-profit organization. Then on April 14 2016 Soegiharto Santoso was reported to the Police Criminal Investigation Unit regarding the violation of the APKOMINDO logo copyright, until he was detained for 43 days and tried and was found not guilty at both the first level and the cassation level.
Co-Authors Andri Sutrisno Budi, Arrum Erfan, Errik Fakhlur , Fakhlur Fitryantica, Agnes Hamka, Vinoti Heri Susanto Miharja, Marjan Permana, Yana Sukma Prasetiyo, Wahyu Santoso, Soegiharto Timotius, Alfaro David Windyastuti, Feny Yuwafi, Rani