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Pertanggungjawaban Pidana Terhadap Reseller Atas Peredaran Produk Bermerek Palsu Dalam Perspektif Ketentuan Perundang-Undangan Maharanny, Fegita; Fardiansyah, Ahmad Irzal; Tamza, Fristia Berdian
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4487

Abstract

A brand can be said to be an intellectual property right because there is an exclusive right granted by the state to the owner of a registered brand for a certain period of time by using the brand themselves or giving permission to another party to use it so that it is called a brand right. However, in practice, brands are often misused by the Indonesian people, especially in the economic sector by business actors, in this case resellers. The problem in this study is what form of criminal liability against resellers for the circulation of counterfeit branded products from the perspective of the Trademark Law and the Consumer Protection Law and how to overcome the circulation of counterfeit branded products. The type of research used is normative research with a statutory approach and a conceptual approach. The type of data uses secondary data through literature studies. The results of this study indicate that criminal liability against resellers for the circulation of counterfeit branded products can be imposed through Law Number 20 of 2016 concerning Trademarks and Geographical Indications which emphasizes the protection of intellectual property rights for brand owners who are harmed due to acts of brand counterfeiting.
Analisis Normatif Aspek Yuridis Tindak Pidana Perbankan Sebagai Bentuk Kejahatan Ekonomi Sari, Sintia Aprilia; Fardiansyah, Ahmad Irzal; Tamza, Fristia Berdian
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4473

Abstract

Banking crime is a form of white-collar crime that has a broad impact on the stability of the financial system and public trust. This research method uses a normative juridical approach. The sources and types of data used are primary and secondary. Data collection was conducted through library research. Data processing was carried out by selecting and examining the obtained data for completeness, as well as systematically classifying or grouping the data. Data analysis used qualitative juridical methods. This research focuses on the provisions of Law Number 10 of 1998 concerning Banking, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, and regulations of the Financial Services Authority (OJK). The results of this study indicate that banking crimes not only result in financial losses but also lead to a crisis of public trust. Therefore, strengthening regulations, increasing the role of law enforcement officials, and implementing prudential banking principles in banking practices are necessary.