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Implementation of the Use of Trademark Rights in the Development of UMKM in Medan City Atika Sunarto; Keren Trifena Ompusunggu; Muhammad Ali Adnan
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1187

Abstract

A brand is a logo or symbol representing a company's identity. Brands are highly influential in attracting customers and differentiating products from competitors. A brand is considered intellectual property, allowing differentiation between similar products and services, thereby maintaining quality. Trademark laws emphasize the exclusive rights of the brand owner to use it personally or to grant permission to others. Small and Medium Sized (SMEs) play a crucial role in the Indonesian economy by creating jobs and increasing community income. This highlights the importance of branding for SMEs, especially in Medan, where SMEs significantly contribute to economic growth and development. Trademark registration for SMEs actors involves a trademark renewal process that adds to the burden due to additional costs and periodic administrative requirements. All of this makes SMEs actors reluctant to register trademarks, even though this step is crucial for protecting and strengthening their business in the market
Application of the Principles of Islamic Civil Law in Small and Medium Business Partnerships Sunarto, Atika; Muhammad Ali Adnan; Azizan Khair
Nurani Vol 25 No 1 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i1.25378

Abstract

Partnerships in Small and Medium Enterprises (SMEs) in Indonesia often encounter challenges in adhering to Islamic principles such as syirkah (partnership), justice, transparency, and social responsibility. Therefore, there needs to be a commitment from the government, financial institutions and business actors to encourage the implementation of Islamic law values ​​in business practices. This study aims to find solutions in implementing these principles in Small and Medium Enterprise partnerships in Indonesia. The methods employed include a qualitative approach, utilizing in-depth interviews and case studies to gain a deeper understanding of current practices and the challenges faced. The research results show that although Islamic legal principles have great potential to form fair and sustainable partnerships, their implementation is often not optimal. The principles of syirkah are often not applied fairly, justice in the distribution of profits is often hampered by power, transparency is often ignored, and social responsibility is often given little attention. The conclusion of this research is that to increase the application of Islamic legal principles in Small and Medium Enterprise partnerships, greater efforts are needed in regulatory reform, increased education, and support from sharia financial institutions. This approach aims to promote fairer and more sustainable business practices while ensuring that the principles of Islamic law are effectively implemented within the context of Small and Medium Enterprise partnerships.
Influence Law International to Policy National Law in Developing Countries in Right Basic Man Sunarto, Atika; Rumapea, Mazmur Septian; Adnan, Muhammad Ali; Khair, Azizan
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2817

Abstract

Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems.Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights.Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries.Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards.
Legal Analysis of Notary's Obligations and Responsibilities in Providing Social Services in Medan City Adnan, Muhammad Ali; Tarigan, Erlangga P Suranta; Zendrato, Rizaldo; Sunarto, Atika
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i2.45653

Abstract

Notaries have important duties and responsibilities in providing social services, in accordance with Law No. 2/2014 on the amendment of Law No. 30/2004 on the Office of Notary. These duties are mainly related to making legal deeds and ensuring that legal actions are carried out in accordance with applicable rules. This study aims to examine the duties and responsibilities of notaries in social services as well as the impact of negligence in performing duties, including the legal sanctions that can be imposed. The analysis shows that notary negligence can harm the parties involved and undermine trust in the notary profession. Therefore, supervision of notary performance needs to be improved, and sanctions should be strictly applied to those who are negligent. Continuous education and training, as well as transparency in decision making, are important to reduce errors and improve the quality of legal services.
Juridical Review of the Food and Drug Administration Sales of Expired Food Stocks in Modern Markets Medan City Sunarto, Atika; Sitompul, Aryo; Aruan, Anri Penataran; Kaur, Pawiter Dinsha; Adnan, Muhammad Ali
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i2.45582

Abstract

Food is a basic human need, and food safety is a consumer right protected by law. The circulation of expired food, including in Medan's modern markets, is a serious concern due to its impact on health. This research uses a descriptive-contextual qualitative method and highlights three important points.  This research aims to analyze the legal efforts of the Food and Drug Supervisory Agency (BPOM) in handling the sale of expired food in Medan's modern markets. BPOM has the authority to regulate, supervise, and take action against violations related to food safety. Relevant legal arrangements include the Consumer Protection Law and the Food Law. Businesses that sell expired food may be subject to administrative and criminal sanctions. BPOM conducts preventive efforts such as education and routine supervision, as well as repressive efforts in the form of confiscation, administrative sanctions, and criminal prosecution through cooperation with the police. This study concludes that the role of BPOM is very important in protecting consumers from the dangers of expired food, but synergy between law enforcement, business coaching, and increasing consumer awareness is needed to make consumer protection efforts more effective.
The Juridical Review on Payment Security and Protection of Authors' Rights in Journal Publication Adnan, Muhammad Ali; Sunarto, Atika; Khair, Azizan
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.42435

Abstract

Copyright is an exclusive right held by the creator over his/her work, whether in the form of scientific, literary, artistic, or technological works. In the context of publishing scientific journals, copyright relates to control over published scientific works, including distribution, reproduction, and royalty payments. Meanwhile, royalties are payments received by authors or creators in return for the use of their creative works, which are usually calculated based on the number of copies or accesses made to the work. The main objective of this study is to Legal Review of Payment Security and Protection of Authors' Rights in Journal Publication. The method used is a qualitative approach with an analysis of scientific journal publishing contracts and interviews with authors involved in the publication. The results of the study indicate significant inequality between publishers and authors in terms of the distribution of copyright and royalties. Many authors, especially in developing countries, do not receive fair compensation, even though their work provides great benefits to publishers. The practice of transferring copyright entirely to publishers and the lack of transparency in royalty reports are major factors that exacerbate this injustice. The conclusion of this study is that stricter and more transparent regulations are needed to ensure a fair distribution of royalties, as well as protection of authors' copyright. Open access models and merit-based payment systems are considered potential solutions to create a fairer ecosystem in scientific journal publishing. Authors are encouraged to gain more control over their work, while publishers need to provide transparent reporting on the use of the work and the distribution of royalties.
The Effectiveness of Law Enforcement Against Online Gambling in the Digital Era in Medan City Sunarto, Atika; Simarmata, Lucky Every; Maharani, Maharani; Adnan, Muhammad Ali
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2340

Abstract

This study aims to analyze the effectiveness of law enforcement against online gambling practices in the digital era, especially in Medan City, by reviewing the legal status of online gambling based on applicable laws and regulations, the impact of weak law enforcement, and efforts made by local law enforcement officers. The rampant cases of online gambling that are increasingly easily accessible through digital technology have caused social unrest as well as economic and moral losses in society. This study used a normative legal method with a legislative approach and literature study, and was supported by secondary data obtained through legal literature and official documents. The results of the study indicate that law enforcement in Medan City has not been running optimally because there are no regulations that specifically regulate online gambling, weak coordination between agencies, and a lack of supporting technological resources. Although enforcement efforts have been made by the police and related agencies, there are still many legal loopholes and technical limitations that are exploited by perpetrators to avoid legal entanglement. This study suggests the need for the formation of special regulations on online gambling, strengthening the digital capacity of law enforcement officers, and increasing public legal awareness as preventive measures in suppressing online gambling practices more effectively and sustainably.This research is relevant considering the importance of evaluating the extent to which positive law and law enforcement policies are capable of addressing the challenges of digital crimes, particularly online gambling.