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All Journal International Journal of Electrical and Computer Engineering Kertha Negara : Journal Ilmu Hukum Buletin Udayana Mengabdi JURNAL MAGISTER HUKUM UDAYANA Masalah-Masalah Hukum LAW REFORM Lentera Hukum Jurnal Dinamika Hukum Arena Hukum Diponegoro Law Review Jurisprudentie PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Sriwijaya Law Review International Journal of Law Reconstruction Jurnal Penelitian Pendidikan IPA (JPPIPA) Hasanuddin Law Review Substantive Justice International Journal of Law Jurnal Jatiswara Musamus Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Suara Hukum Babali Nursing Research JUNCTO: Jurnal Ilmiah Hukum Jurnal Analisis Hukum Journal Equity of Law and Governance Formosa Journal of Science and Technology (FJST) Indonesia Law Review (ILREV) Protection: Journal Of Land And Environmental Law Jurnal Media Akademik (JMA) SASI Indonesian Journal of Criminal Law Studies Kertha Semaya : Journal Ilmu Hukum Jurnal Ilmiah Kebijakan Hukum
Ni Ketut Supasti Dharmawan
Fakultas Hukum Universitas Udayana
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Nursing Physics Social Sciences Other

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Protecting Well-Known Marks Related to Territorial Principle: From Substantive Similarity to the Distinctiveness Theory Ni Ketut Supasti Dharmawan; Putu Samsithawrati; I Gede Agus Kurniawan; Rafika Amalia
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.10740.33-41

Abstract

Well-known marks are vulnerable to violations, including in Indonesia. Registered trademark disputes often occur between well-known and local mark owners regarding substantive similarities with well-known marks. Ironically, the dominant dispute resolution protects local marks with the rationality of mark protection based on Territorial Principles. The purpose of this study is to clarify how well-known marks are protected related to the exception applying the Territorial Principle to substantively similar marks and to examine the advantages of the Distinctiveness Theory for more legal certainty. The study used a normative legal research method. Study reveals that the Territorial Principle applies to mark protection through Article 6 of the Paris Convention, Article 15 of TRIPs, Article 3 of Indonesian Law No.20/2016 on Mark and Geographical Indication. Protection of Well-Known Marks is excluded from the Territorial Principle as agreed in 1925 by member countries of the Paris Convention. The exception arrangements are through Article 6bis of the Paris Convention, Article 16 of the TRIPs Agreement, and Article 21 of Law No.20/2016. Marks that are substantively similar with similar elements in visuals, phonetics, and concepts are important for mark examiners, law enforcers, and the public to understand. Understanding the mark distinctiveness theory from the weakest to the strongest, namely: Generic, Descriptive, Suggestive, Fanciful, and Arbitrary as an alternative solution for advantages in mark registration. That will also minimize mark disputes. Good faith in the mark registration is referring to uniqueness theory, it is able to differentiate items or services.
Beyond Territoriality: Assessing the Effectiveness of the Madrid System for Trademark Protection in Indonesia Ni Ketut Supasti Dharmawan; Made Suksma Prijandhini Devi Salain; Putu Aras Samsithawrati; Annalisa Yahanan
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5208

Abstract

Registered trademark protection is territorial, granting legal rights only within the jurisdiction where the mark is registered. To overcome this limitation, the WIPO administers the Madrid System, which allows trademark owners to obtain protection in multiple member countries through a single international application. Indonesia has adopted this system through Law No. 20 of 2016. However, its utilisation by Indonesian trademark owners remains relatively low. This study examines the benefits of the Madrid System for Indonesian trademark owners in accessing global markets and analyses the challenges that hinder its effective use. Employing a socio-legal research method, the study finds that the Madrid System offers clear advantages, including administrative efficiency through a single application filed in one language, centralised management by WIPO, and cost savings through the payment of one set of fees in a single currency. Despite these benefits, several obstacles limit participation. These include low public awareness of international trademark registration, high registration costs that disproportionately affect micro, small, and medium enterprises, and limited English-language proficiency among applicants. A further significant concern is the risk of a "central attack," whereby the refusal or cancellation of the basic Indonesian application within the first five years may invalidate all corresponding international registrations. Additionally, weak inter-institutional coordination and the absence of measurable policy indicators undermine effective implementation. The study underscores the need for stronger government intervention to enhance national trademark registration and to improve public understanding of the strategic importance of international trademark protection.
Analyzing Legal Frameworks in Emergency Care: Insights for Midwifery Education - A Scoping Review Ni Made Ayu Saskarani; Sagung Putri ME Purwani; Ni Ketut Supasti Dharmawan; Supriatin Supriatin; Sari Hastuti
Jurnal Penelitian Pendidikan IPA Vol 9 No 9 (2023): September
Publisher : Postgraduate, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jppipa.v9i9.4407

Abstract

Emergency situations in midwifery care during pregnancy, labor, and the postnatal period can arise unexpectedly. It is crucial for midwives to be knowledgeable about the legal frameworks governing the protection provided to them in the execution of their professional responsibilities. This scoping review aims to explore the legal protection provided to midwives in emergency situations through a search of relevant literature in bibliography databases and hand-searching, and employed the Participant, Concept, and Context (PCC) principle to formulate the eligibility criteria. Data extraction was conducted using the PRISMA flow diagram. The analysis was conducted using a meta-aggregation approach to map the legal framework for emergency midwifery care from available studies. The review found key themes that emerged from the review included legal protection and scope of practice, midwives' authority in emergency care, importance of competencies and certifications, challenges and power imbalances in midwifery practice, and midwives' dissatisfaction and professional deviation.  This scoping review underscores the importance of legal protection and scope of practice for midwives
The Government's Policies on the Prevention of COVID-19 Transmission Impacting Household Food Security in Indonesia Putu Emy Indrayani; Dyah Suryani; Prisilia Oktaviyani; Suyitno Suyitno; Sagung Putri ME Purwani; Ni Ketut Supasti Dharmawan
Jurnal Penelitian Pendidikan IPA Vol 9 No 9 (2023): September
Publisher : Postgraduate, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jppipa.v9i9.4413

Abstract

Household food security is an essential issue for a country and has become a national issue in poor and developing countries worldwide during the COVID-19 pandemic. Various problems could arise if household food-nutrition needs are not met. This study aims to explore factors related to household food security during the COVID-19 pandemic in Indonesia. A systematic literature review that was used twelve articles. Three electronic databases (Google Scholar, ProQuest, and ScienceDirect) were used to find the articles between January 2020 to April 2023. The original articles were selected based on the PRISMA-P flowchart model. The results show the socio-demographic (sex of household’s head, age, education, literacy) and socio-economic (occupation, income, wealth, area of living) factors influencing household food security. Households having a male head of household, good literacy, and an adequate economy have a significant effect on having nutritious food security during COVID-19 pandemic. These findings recommend that the central government of Indonesia provide financial assistance to food-insecure households, improve access to food, and promote healthy food products
COMPARATIVE ANALYSIS OF PLATFORM LIABILITY FOR ILLEGAL PREMIUM ACCOUNT SALES: A STUDY OF SAFE HARBOR PRINCIPLES IN INDONESIA AND THE UNITED STATES Ni Putu Ayu Meylan Ardini; Ni Ketut Supasti Dharmawan; Salwa Putri Hardiyan
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.372-388

Abstract

The rapid development of Indonesia’s digital economy has created new opportunities but also significant challenges, particularly regarding the illegal sale of shared premium accounts on e-commerce platforms. This study examines the legal frameworks governing platform liability for these illegal activities, comparing Indonesia’s regulations with the United States' Digital Millennium Copyright Act (DMCA). Using a doctrinal legal research method, the research focuses on key Indonesian laws such as the Copyright Law (Law No. 28 of 2014) and the Information and Electronic Transactions Law (ITE Law), alongside Section 512 of the DMCA. The study finds that Indonesia's legal framework provides only implicit protections, relying on general principles like good faith and fault-based liability, which leads to legal uncertainty. In contrast, the United States’ DMCA offers clearer protections through its Safe Harbor provisions, including a specific notice-and-takedown procedure. This comparative analysis highlights the vulnerability of Indonesian platforms to lawsuits and the broader economic consequences, such as lost revenue, hindered innovation, and potential reputational damage. Furthermore, it emphasizes the need for clearer, consolidated regulations in Indonesia to effectively protect copyright holders and digital platforms. The study proposes a Sui Generis Safe Harbor Model that combines the procedural clarity of the DMCA with Indonesia’s civil law tradition, including the establishment of clear Red Flag Knowledge standards, a mandatory notice-and-takedown procedure, and data disclosure requirements. The research underscores the importance of regulatory reform, enhanced law enforcement coordination, and technological investment to address illegal premium account sales and secure a fair digital environment.
Traditional Knowledge and Traditional Cultural Expressions as Communal Intellectual Property: Are They Protected Under the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge 2024? Putu Aras Samsithawrati; Ni Ketut Supasti Dharmawan; Made Aditya Pramana Putra; Dewa Ayu Dian Sawitri
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.1-26

Abstract

Indonesia has a culture and natural wealth that has the potential to be protected by Communal Intellectual Property (CIP). Indonesian national law has shown seriousness in the legal protection of CIP by issuing various CIP laws and regulations. However, the protection of CIP at the international level has only appeared with the issuance of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge GRATK/DC/7 2024 (WIPO Treaty GRATK/DC/7 2024) 2024. This paper examines the protection of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) as CIP in Indonesia and internationally through the WIPO Treaty GRATK/DC/7 2024. The normative legal research method is used with a statutory, conceptual, comparative and analytical approach. The results show that PP 56/2022 and Permenkumham 13/2017 provide sufficient protection for CIP works including TK and TCE, especially in the form of defensive protection (inventory and recording of CIP). WIPO Treaty GRATK/DC/7 2024 emphasizes genetic resources (GR) protection and TK related to GR and not TCE. However, TCE protection internationally is seen in the amendment to the Berne Convention, Article 15.4 through "anonymous works". WIPO Treaty GRATK/DC/7 2024 is an advancement in international recognition of the protection of CIP, especially TK related to GR. Internationally, this document is a legal umbrella to protect Indonesian CIP including TK that is used commercially considering that communities from regions in Indonesia are very rich in TK that they have inherited across generations.
Model Penguatan Perlindungan Kekayaan Intelektual Komunal: Transplantasi Muatan Kebijakan Termasuk Benefit-Sharing Berbasis Undang-Undang Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Desak Putu Dewi Kasih; Putri Triari Dwijayanthi; I Gede Agus Kurniawan
Jurnal Ilmiah Kebijakan Hukum Vol 17 No 2 (2023): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.235-252

Abstract

Regulations regarding the protection of communal intellectual property in Indonesia are currently scattered in various regulations that are not explicitly stated in the form of Laws, and do not regulate benefit-sharing comprehensively. The purpose of this research is to elaborate on a protection strengthening model of Communal Intellectual Property based on the transplantation of policy content related to works of tradition, culture, custom, traditional knowledge, genetic resources and potential geographical indications from various existing legal policies and other sources both locally, nationally and internationally into the legal form of a Law, as well as a benefit-sharing regulation mechanism related to the commercial use of Communal Intellectual Property. The research method used is normative legal research with statutory, comparative, conceptual and analytical approaches. The results of the research showed that the current policy regarding Communal Intellectual Property in Indonesia is still in the hierarchy of Regulations of the Minister of Law and Human Rights and Government Regulations, namely Permenkumham 13/2017 and PP 56 of 2022. Several articles in the provisions of statutory regulations on Intellectual Property in Indonesia have regulated Communal Intellectual Property, but its nature is still very general. For stronger protection and legal certainty it is very urgent to regulate the protection policy in the form of a Law through a transplantation model of the substance of existing legal products related to Communal Intellectual Property, as well as strengthening of policy content including benefit-sharing in relation to the commercial use of Communal Intellectual Property.
Model Pengaturan Pembagian Harta Bersama pada Proses Perceraian yang Bersumber dari Royalti Hak Cipta Kirana Apsari; Ni Ketut Supasti Dharmawan
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 1 (2025): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.1-16

Abstract

Songs and music created by musicians have economic value that can support their households, as does the royalty income generated from copyright. During marriage, conflicts and disputes often arise, sometimes leading to divorce. In divorce proceedings, copyright royalties are not exempt from claims made by either the husband or wife. This study aims to elaborate on the status of royalties earned from copyright as part of marital property in the context of divorce, examine how these royalties are divided as joint assets, and provide legal certainty regarding royalty distribution. The research employs a normative legal method with a statutory approach, a conceptual approach, and a legal analysis approach. The findings indicate that royalties can be considered joint property. In the event of a divorce, they may be divided equally between the spouses, or the court may determine a different percentage based on the judge’s considerations of fairness. For instance, in Decision No. 1622/Pdt.G/2023/PA.JB, the court ruled that half (½) of 50% of the net income should be allocated to the former spouse. Additionally, the division of royalties can be based on a prenuptial agreement between the spouses. Therefore, LMKN plays a crucial role in preventing disputes over royalty amounts by implementing Article 14, paragraph (2) of Government Regulation No. 56/2021, ensuring clear royalty distribution based on reported data on song and/or music usage.
The Role of Human Rights and Customary Law to Prevent Early Childhood Marriage in Indonesia Anak Agung Istri Ari Atu Dewi; Ni Ketut Supasti Dharmawan; Anak Agung Istri Eka Krisnayanti; Putu Aras Samsithawrati; I Gede Agus Kurniawan
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1885.pp268-285

Abstract

Preventing early childhood marriage (ECM) can protect children’s rights from the perspective of human rights. There are several rules regarding the age limit for marriage. In Indonesia, the minimum age for marriage is nineteen years. However, in fact, early child marriage is still relatively high, with the seventh highest ranking in the world. This study aims to elaborate on the rights of children, which ECM potentially violates, and to identify who is responsible for minimizing and/or combating this phenomenon. This normative legal research with a human rights approach occurs in the childhood protection context. The results show that ECM has implications for violations against the right to life, the right to education, the right to develop, and the right to health. Thus, more stringently applying international and national law and combining with local wisdom (Balinese Customary Law) in protecting children's rights in the context of preventing ECM can prevent ECM effectively and minimize violations of other children's rights. Moreover, it is believed that the responsibility to reduce and combat ECM not only belongs to the government but also to all stakeholders within the community, such as families, academics, the media, non-profit organizations, entrepreneurs, and customary.
Reconstructing Criminal Liability in Trademark Law: Lessons from Indonesia and Spain I Gede Agus Kurniawan; Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Anak Agung Ayu Ngurah Sri Rahayu Gorda; Antonio Gutiérrez-Pozo
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.36962

Abstract

This study examines the construction of criminal liability in trademark law through a comparative analysis between Indonesia and Spain. The main problem addressed is the limited effectiveness of Indonesia’s criminal trademark enforcement under Law Number 20 of 2016 on Trademarks and Geographical Indications, particularly due to its complaint-based offense model, unclear formulation of mens rea, limited scope of actus reus, and the absence of explicit corporate criminal liability and asset forfeiture mechanisms. The purpose of this research is to identify the similarities and fundamental differences in criminal liability frameworks in both jurisdictions and to formulate an ideal reconstruction model for Indonesia based on Spain’s best practices. This study employs normative legal research, drawing on conceptual and comparative approaches, by analyzing primary legal materials, legal doctrines, and relevant academic literature. The findings show that Spain provides a more coherent and effective criminal enforcement system through the integration of trademark crimes into the Código Penal, the application of public offenses, the requirement of commercial intent, the recognition of aggravated offenses, and explicit corporate criminal liability supported by additional penalties such as confiscation and business closure. In contrast, Indonesia’s current framework remains fragmented and less responsive to organized and digital-based trademark counterfeiting. This study concludes that Indonesia must reconstruct its criminal trademark provisions by shifting towards a differentiated public-offense model, strengthening the formulation of intent and commercial purpose, expanding digital enforcement coverage, incorporating protection for well-known unregistered marks, and establishing corporate criminal liability with comprehensive sanctions to ensure effective and proportional trademark protection aligned with international standards.
Co-Authors A. A. Dalem Jagat Krisno Ade Surya Firdaus Aditya Putra Thama Afifah Khoirun Nisa Agung Indradinata Agus Adi Pranatha Aminuyati Anak Agung Ayu Ngurah Sri Rahayu Gorda Anak Agung Ayu Putri Tunggal Dewi Anak Agung Gede Duwira Hadi Santosa Anak Agung Gede Duwira Hadi Santosa Anak Agung Intan Permata Sari Anak Agung Istri Ari Atu Dewi Anak Agung Istri Eka Krisnayanti Anak Agung Ngurah Dharma Jaya Anak Agung Ngurah Wisnu Anak Agung Sagung Wiratni Darmadi Anak Agung Sri Indrawati Andrean Darven Justitio Annalisa Yahanan Antonio Gutiérrez-Pozo Apsari, Kirana Atmaja, I Komang Tri Bagus Gede Ari Rama Benjamin Halliwell Bernard, Marshella Evelyn D. G. Rudy Dananjaya, I Komang Deris Stiawan Desak Meisa Apradita Pramestika Desak Putu Dewi Kasih Desak Putu Dewi Kasih Dewa Ayu Dian Sawitri Dewa Ayu Sasmitha Iswara Dewi Dewa Ayu Trisna Dewi Dewi, Anak Agung Istri Atu Diah Wijana Putri Didit Pradita Hananta Dwi Andika Prayojana Dwijayanthi, Putri Triari Dyah Suryani Eka Putra, I Wayan Gede Artawan Erland Veda Siringoringo Ernest Delano Suryapradipta Felix Liewellyn G. Eka Putra Pratama Arnawa Galuh Savitri, Desyane Pradilla Gede Dicky Garla Dinatha Gede Donny Sumarjaya Nada Grace Naomi Rumapea Haganta Tarigan Hallewell, Benjamin Henny Setiawati Herawati, Kadek Mery Hong, Tan Jian I Gede Agus Kurniawan I Gede Agus Kurniawan I Gede Agus Kurniawan I Gede Yusa I Gust i Ngurah Wairocana I Gusti Agung Gede Utara Hartawan I Gusti Ngurah Bayu Pradana I Gusti Nyoman Agung I Kadek Bayu Sihandharma I Kadek Diva Hari Sutara I Kadek Pramuna Dwiantara I Ketut Sandi Sudarsana I Ketut Sudiarta I Ketut Suwiyoga I KETUT WESTRA I Komang Chandra Putra Wirawan I Komang Tri Atmaja I Made A.D Mustika I Made Sarjana I Nengah Artana I Nyoman Gede Paramartha I Nyoman Mudana I Nyoman Sumardika I Putu Surya Budhi Utama Wintara I wayan Arsetya Jaya I Wayan Parmana Wisesa I.B PRIYANTA PUTRA I.N. Bagiastra I.W. Wiryawan Ida Ayu Sukihana Ida Ayu Wahyu Widyaningrat Ida Bagus Gede Bayu Suryagara Ida Bagus Putra Atmadja Ida Bagus Putu Sutama Ika Widi Astuti, Ika Widi Kadek Agus Sudiarawan Kadek Ary Purnama Dewi Kadek Devi Sudaryanti Kadek Intan Divanka Yogasari Kadek Ngurah Wardiyana Karunian, Alia Yofira Kirana Apsari Komang Bulan Tri Laksmi Devi Krisna Yanti, A.A. Istri Eka Lokahita, Kadek Indira Made Adi Kusuma Made Aditya Pramana Putra MADE SARJANA Made Suksma Prijandhini Devi Salain Made Suksma Prijandhini Devi Salain Mahaswari, Mirah Marwanto Marwanto Moisa, Robert Vaisile NARESWARI, Ni Nyoman Claudia Navila Faisal Ngurah Justia Dharmadyawan R Ni Gusti Ayu Dyah Satyawati NI KETUT SUDIARTA Ni Komang Irma Adi Sukmaningsih Ni Made Ayu Saskarani Ni Made Nardi Ni Nyoman Junita Krisnadiyanti Devi Ni Nyoman Nadia Ratna P Ni Nyoman Nityarani Sukadana Putri Ni Putu Ayu Meylan Ardini Ni Putu Purwanti Ni Putu Rai Yuliartini Nostrin Putri Indah Peda Gaji NYOMAN MAS ARYAN NYOMAN MAS ARYANI P.T.C. Landra Pande Nyoman Yori Pratana Pande Putu Swarsih Wulandari Prisilia Oktaviyani Putra, Made Aditya Pramana Putri Triari Dwijayanthi Putri Triari Dwijayanthi Putu Aras Samsithawrati Putu Aras Samsithawrati Putu Aras Samsithawrati Putu Bagus Tutuan Aris Kaya Putu Emy Indrayani Putu Hendra Pratama Putu Samsithawrati Putu Shanty Mahayoni Putu Tuni Caka Bawa Landra R. A. Retno Murni Rafika Amalia Rafika Amalia Rastiti, Ni Putu Regina Natalie Theixar Sagung Putri ME Purwani Sagung Putri ME Purwani Salwa Putri Hardiyan Sari Hastuti Saskara, Ni Kadek Noviani Sawitri, Dewa Ayu Dian Supriatin Supriatin Suyitno Suyitno Syarifuddin Syarifuddin Toni Setiawan Ustriyana, Made Grazia W. Wiryawan Yeanis Nebula Ricisandhy