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All Journal DE LEGA LATA: Jurnal Ilmu Hukum JHR (Jurnal Hukum Replik) NOMOI Law Review
Nainggolan, Ibrahim
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Law, Crime, Criminology & Criminal Justice

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Journal : JHR (Jurnal Hukum Replik)

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Providing Health Services For The Public in Hospitals Based on A Justice Theory Perspective Nainggolan, Ibrahim; Koto, Ismail; Koto, Zulkarnain
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10810

Abstract

In the rapidly evolving field of medicine, the role of hospitals is crucial in promoting community health. The progress and setbacks of hospitals hinge significantly on the success of the individuals working within them, including doctors, nurses, and other staff. Aristotle's theory of justice, asserting that justice is not only a general virtue but also a specific moral virtue related to human conduct in particular fields, becomes pertinent in the healthcare domain. This theory revolves around establishing positive relationships among individuals and maintaining a balance between two parties. The measure of this balance involves both numerical and proportional equality, as Aristotle conceives justice in terms of equality. Numerical equality dictates that every individual is regarded as equal in a unified unit, such as the equality of all individuals before the law. Proportional equality, on the other hand, involves giving each person what is rightfully theirs based on their abilities and achievements. The application of Aristotle's theory of justice in the healthcare services for the Indonesian populace is evident in the various government-initiated healthcare assurance programs like the Workers' Social Security, Askes, and the Social Security Administration Body. This endeavor aims to ensure that the entire spectrum of society receives equal healthcare services, as it is considered the inherent rights of citizens and the community.
Authority of the Commercial Court in Settling Trademark Rights Disputes Koto, Ismail; Nainggolan, Ibrahim; Rahimah, Rahimah
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.14447

Abstract

Trademark rights are regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. According to Law No. 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system, in other words, to obtain legal protection for trademark rights, the trademark must be registered by its owner with the Trademark Directorate and after being officially registered in the name of the owner, a trademark certificate will be issued. Law No. 20 of 2016 concerning Trademarks and Geographical Indications, specifically in Article 21 paragraph (1) letters b and c, Article 83 paragraph (2), and reinforced by the Explanation of Article 21 paragraph (1) letter b, Explanation of Article 76 paragraph (2), and Explanation of Article 83 paragraph (2). Indonesia adopts a Trademark registration system with a constitutive system. This system requires trademark registration so that a trademark can receive protection, this system is also known as the first to file system. The applicable procedural law in the process of filing a dispute in the field of intellectual property rights is the Civil Procedural Law as with the civil procedural law in civil cases handled by the District Court in the general judicial body environment. The process of filing a lawsuit for an intellectual property rights dispute has been regulated through laws and regulations in Indonesia, in accordance with the provisions of the applicable law on each intellectual property right, where the lawsuit is processed through the Commercial Court
Co-Authors Koto, Ismail Koto, Zulkarnain Rahimah Rahimah, Rahimah Rajarif Syah Akbar Simatupang