Andi Syafrani
Universitas Islam Negeri Syarif Hidayatullah Jakarta

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Disparitas Putusan Mahkamah Konstitusi Terkait Sumber Daya Air; Studi Putusan Mahkamah Konstitusi Nomor 058-059-060-063/PUU/II/2004 dan Nomor 008/PUU-III/2005 dengan Putusan Mahkamah Konstitusi Nomor 85/PUU-XI/2013 Maricha Nasution; JM Muslimin; Andi Syafrani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13864

Abstract

AbstractThis study discusses the results of a decision study on water resources in Indonesia. On the one hand the main focus of this study is the disparity in the decision of the Constitutional Court in deciding the same test, namely testing Law No. 7 of 2004 concerning Water Resources. On the other hand, this study also discusses the factors that cause disparities between the two Constitutional Court decisions related to water resources. Water is an important element in daily life and as a support for the needs of living things on earth. There is no water, then there is no life. Every year community growth continues to increase, so that the need for water also increases. Therefore, the regulation of water resources is needed. One of the good regulations on water resources is by prioritizing or prioritizing people's rights to water. The results of this study indicate that there are serious dilemmas and problems in the field of water resources, both from fulfilling water rights or water rights in Indonesia.Keywords: Disparity, Constitutional Court, Water Resources
Studi Analisis Disparitas Putusan Mahkamah Agung Atas Pembatalan Merek Terkenal Untuk Barang Tidak Sejenis; Perbandingan Kasus Merek SKYWORTH dengan Merek BMW Widya Novita; Soefyanto Soefyanto; Andi Syafrani
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (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.v1i1.13275

Abstract

AbstractThis study aims to determine the disparity in the Supreme Court's decision on the cancellation of famous brands for non-similar goods in the SKYWORTH Brand case with the BMW Brand. The problems related to disparity in cancellation of trademark registration applied by the Supreme Court as outlined in the Supreme Court decision Number: 32 PK / Pdt.Sus-HKI / 2018 and the Supreme Court decision Number: 29 PK / Pdt.Sus-HKI / 2016 related to the protection of famous brands for non-identical types of goods, as well as about how the legal protection of famous brands for non-similar kind of goods This research method uses a normative juridical approach by analyzing decisions and relating to laws and regulations in the field of Trademark Law. The results of this study indicate that the factors considered by the Judges in deciding the cancellation of trademark registration that cause disparities are, the guidance of some judges in Article 6 Paragraph (2) of Law Number 15 Year 2001 Concerning Trademarks and partly guided by Article 16 Paragraph (3) TRIPs Agreement.Keywords: Disparity, cancellation of trademark registration, famous trademark, Non-identical goods, Supreme Court. 
Disparitas Putusan Mahkamah Konstitusi Terkait Sumber Daya Air; Studi Putusan Mahkamah Konstitusi Nomor 058-059-060-063/PUU/II/2004 dan Nomor 008/PUU-III/2005 dengan Putusan Mahkamah Konstitusi Nomor 85/PUU-XI/2013 Maricha Nasution; JM Muslimin; Andi Syafrani
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13864

Abstract

AbstractThis study discusses the results of a decision study on water resources in Indonesia. On the one hand the main focus of this study is the disparity in the decision of the Constitutional Court in deciding the same test, namely testing Law No. 7 of 2004 concerning Water Resources. On the other hand, this study also discusses the factors that cause disparities between the two Constitutional Court decisions related to water resources. Water is an important element in daily life and as a support for the needs of living things on earth. There is no water, then there is no life. Every year community growth continues to increase, so that the need for water also increases. Therefore, the regulation of water resources is needed. One of the good regulations on water resources is by prioritizing or prioritizing people's rights to water. The results of this study indicate that there are serious dilemmas and problems in the field of water resources, both from fulfilling water rights or water rights in Indonesia.Keywords: Disparity, Constitutional Court, Water Resources