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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Cita Hukum JOURNAL of LEGAL RESEARCH
Fitriyani Zein
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JOURNAL of LEGAL RESEARCH

 1 
Dissenting Opinion Hakim Pada Putusan Mahkamah Agung dalam Perkara Merek Terkenal Yumi Katsura dan Prada Afiyah Qurrota Ayun; Asep Syarifuddin Hidayat; Fitriyani Zein
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.v1i1.13264

Abstract

Abstract:The problem examined in this study is related to the Dissenting Opinion of Judges in the Supreme Court's Decision in the Famous Brand Case of Yumi Katsura and PRADA. Problems related to the judges' consideration that stated dissenting opinions in famous trademark cases at the cassation level were seen from the Trademark Law, the Law on Judicial Power and the implications of the dissenting opinion on the famous brand case of Yumi Katsura and PRADA. This study uses qualitative research that is the type of data and analysis that is used is narrative, in the form of statements that use reasoning. The results of the study showed that the judges' consideration that stated dissenting opinion was more correct and correct, in the decision No. 310 K/Pdt. Sus-HKI/2013 based on the Law on Trademarks and facts at the hearing, while in the decision Number 164 K/Pdt . SUS-HKI/2016 besides based on the Trademark Law, also based on the Supreme Court Jurisprudence Number 2279/PK/Pdt/1992 and Number 1596 K/Pdt/1983. Then the implication of the judge's dissenting opinion on the case of a famous brand can provide knowledge about the interpretation of the phrase equality in essence and the interpretation of the criteria of a well-known brand as well as to the verdict handed down while still taking the most votes.Keywords: Dissenting Opinion, Famous Brand, Yumi Katsura and PRADA 
Keterbukaan Informasi Pelaku Usaha Dalam Perjanjian Jual Beli Apartemen Secara Pre Project Selling; Analisis Putusan No.224/Pdt.G/2017/Pn.Jkt.Sel Dewi Rara Pertiwi; Fitriyani Zein
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (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.v1i5.13913

Abstract

AbstractIn apartment selling, there are developers who are not open and transparent about the given information on marketing and selling with pre project selling system. There are also unclear informations about agreement between business actor and consumer that written in Sale and Purchase Agreement (PPJB) which given by developer. This case is certainly contrast to Pasal 7 Undang-undang Nomor 8 Tahun 1999 about Consumer Protection. In fact, pre project selling system often places consumers into weak situation and prone to default act by business actors. According to the researcher, the result from judge’s council is fair enough and appropriate according to existing regulation, but Law Number 20 of 2011 concerning Flats still ineffective because it had not implement regulation act of the law.Keywords: Information Disclosure, Sale and Purchase Agreement, Apartment, and Pre Project Selling 
Indikasi Terjadinya Predatory Pricing Terkait Kerjasama Grab Dengan Ovo Dalam Perspektif Hukum Persaingan Usaha Ndaru Nadhi Hapsoro; A.M Hasan Ali; Fitriyani Zein
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (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.v1i3.13878

Abstract

AbstractThis study aims to examine the indications of violations according to Article 20 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. In this case there are allegations from the online motorcycle taxi company Grab and the Ovo online financing transaction company that is alleged to violate the unfair business competition provisions. There are indications of payment that does not make sense in using ovo when paying a grab rate of one rupiah. This study uses a type of empirical and qualitative juridical research. The results showed that no violations were found because there were no dead companies and Grab and Ovo were not in a dominant position and did not make them dominate the competitive market. Although basically the price of one rupiah is considered below the minimum price and can cause violations.Keywords: Predatory Pricing, Indications, Business Competition
Co-Authors Afiyah Qurrota Ayun AM Hasan Ali Aminudin Yakub Asep Syarifuddin Hidayat, Asep Syarifuddin Dewi Rara Pertiwi Ndaru Nadhi Hapsoro SIAGIAN, AMRIZAL Yunus, Nur Rohim