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Mediation Efficacy in Resolving Divorce Cases: A Case Study of the Purworejo Religious Court Septi Indrawati; Riska Amelia
Journal of Judicial Review Vol. 25 No. 2 (2023): December 2023
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v25i2.8571

Abstract

Marriage constitutes a sanctified event in the human experience, aimed at the establishment of a harmonious, serene, and comfortable domestic sphere. Within the Islamic framework, marriage is designed to forge a familial unit characterized by Sakinah, Mawadah, and Warahmah. This study endeavors to assess the efficacy of mediation in the resolution of divorce cases, ascertain the success rate of mediation within the Purworejo Religious Court, and identify the obstacles encountered by mediators in the implementation of Supreme Court Regulation Number 1 of 2016. Employing a normative-sociological approach, this research relies on legal inquiries utilizing both library resources and primary data gleaned directly from the community. The findings of this investigation reveal that Supreme Court Regulation Number 1 of 2016, serving as the legal framework for the management of divorce cases, has not effectively mitigated the escalating domestic conflicts. These conflicts stem from diverse factors, encompassing persistent disputes, abandonment, economic challenges, domestic violence, and various underlying issues, leading to a consistent increase in divorce cases over the years. Furthermore, the mediation process within the Purworejo Religious Court demonstrates a pronounced ineffectiveness, with a meager 9.95% success rate recorded between 2020 and September 2022. Consequently, all case studies involving the mediation process have proven unsuccessful in the resolution of divorce cases.
Analisis Sistem First to File Dalam Pendaftaran Merek: Implikasi Terhadap Kasus Itikad Tidak Baik (Studi Putusan No. 3/Pdt.Sus-HKI-Merek/2024/PN Niaga Smg) Muhammad Mufid 'Izzuddin; Septi Indrawati
Suara Edukasi Hukum Vol 2 No 1 (2026): Vol 2 No 1 2026
Publisher : Perkumpulan Maju Karya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67084/aen7td87

Abstract

This study aims to analyze the application of the first to file principle in trademark disputes involving elements of bad faith and to examine the judicial reasoning in Decision Number 3/Pdt.Sus-HKI-Merek/2024/PN Niaga Semarang. The Indonesian trademark law adopts a constitutive registration system that grants exclusive rights to the party who first registers the mark. Although this system ensures legal certainty, it also creates the potential for abuse through registrations made in bad faith. This research employs a normative legal method using statutory, case, and conceptual approaches. The legal materials consist of statutory regulations, court decisions, legal doctrines, and scholarly literature, which are analyzed qualitatively through systematic and argumentative interpretation. The findings demonstrate that the first to file principle remains relevant as the foundation of trademark protection; however, its application is not absolute. The court did not rely solely on formal registration status but also assessed substantive elements such as bad faith, similarity in essential elements, and prior factual use of the mark in commerce. This study proposes an integrative model that maintains the first to file system as the primary framework while incorporating elements of first to use as a corrective mechanism in assessing bad faith, thereby promoting a balance between legal certainty and substantive justice.
Perlindungan Hukum Terhadap Pemegang Hak Desain Industri Atas Kesamaan Produk Desain Industri (Studi Putusan Nomor  583 K/Pdt.Sus-HKI/2021) Devi Octaviani; Septi Indrawati; Muhammad Alfian
Suara Edukasi Hukum Vol 2 No 1 (2026): Vol 2 No 1 2026
Publisher : Perkumpulan Maju Karya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67084/sp0b9n53

Abstract

Devi Octaviani, "Legal Protection for Industrial Design Rights Holders for the Similarities of Industrial Design Products." Legal Study Program, Faculty of Psychology, Law and Social Sciences, Muhammadiyah University Purworejo, 2026. This research aims to analyze the form of legal protection for industrial design rights holders in Indonesia based on Law Number 31 of 2000 concerning Industrial Design and examine the judge's considerations in Decision Number 583 K/Pdt.Sus-HKI/2021 regarding the application of the principle of novelty. Industrial Design as part of Intellectual Property Rights has an important role in the business world because it provides aesthetic value and competitiveness of a product. Therefore, legal protection for industrial designs is essential to guarantee legal certainty and justice for rights holders. The type of research used is normative juridical research with a statutory approach and a case approach.  The research results show that legal protection for industrial design rights holders is provided through a constitutive registration system (first to file), which includes preventive and repressive protection. Preventive protection is realized through registration of industrial designs at the Directorate General of Intellectual Property, while repressive protection is provided through a lawsuit mechanism at the Commercial Court if a violation occurs. In Decision Number 583/Pdt.Sus-HKI/2021, the Supreme Court canceled the Defendant's industrial design because it did not meet the element of novelty as regulated in Article 2 of Law Number 31 of 2000. The panel of judges considered that the registered design had been previously disclosed and used by another party before the date of receipt of the application, so it was not worthy of legal protection. This decision confirms that the principle of novelty is an absolute requirement for granting industrial design rights and is the main basis for resolving industrial design disputes in Indonesia.