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Kartina Pakpahan
Univeritas Prima Indonesia
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Legal Protection of Famous Foreign Brands on Goods with Brand Dilution Which are Sold and Buyed in E-Commerce Laidy, Yenny; Pakpahan, Kartina; Batubara, Sonya Airini
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.726

Abstract

dilution carried out by unscrupulous sellers of a product or brand on an e-commerce platform by utilizing a foreign brand that is already well-known is a form of violation of intellectual property rights by utilizing a well-known foreign brand to increase profits from product sales that are carried out by brand dilution other than that. This is a form of fraud or lying to consumers so that consumers think as if the product they are purchasing is a brand or part of a foreign brand that has undergone brand dilution. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are that the legal status of well-known foreign brands in Indonesia is recognized as brands that were previously registered and have legal standing, which in the Trademark Law has priority rights to register brands in Indonesia. Indonesia's legal policy regarding the dilution of foreign brands traded on e-commerce has not been specifically regulated in the Trademark Law, but in order to protect well-known foreign brands from brand dilution, Indonesia can use International Intellectual Property Legal Instruments through the Paris Convention, Madrid Protocol
Dispute Resolution Between Transportation Carrier/Freight Forwarder Services and Exporters Regarding Damage to Goods/Cargo by Sea Line in Medan Audrey, Fiona; Pakpahan, Kartina; Rizal, Said
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.749

Abstract

Sea transportation services that transport certain goods have many problems, for example related to the responsibility of sea transportation services for damage to goods or delays in goods, so these matters must be resolved in forums or dispute resolution institutions. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research, which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with quantitative data analysis. The results of this research are that the carrier must be responsible if loss or damage occurs from the transportation activity. As explained in Article 40 to Article 42 of the Shipping Law, the carrier company is responsible for the safety of the goods or passengers it transports in accordance with the agreement agreed upon by both parties." that the carrier's responsibility for damage to the goods is realized through the provision of compensation in accordance with article 472 of the Commercial Code, the procedures for settling claims from customers in the process of organizing the transportation of goods by sea are usually settled at the port of unloading between the follower and the recipient of the goods. The things that need to be done by the owner of the goods when submitting a claim for compensation is that the sender or recipient of the goods includes a Bill of Lading and a Receipt in submitting a claim for compensation
Supervision of Goods Resulting from Trade With Non-Trade Online Deposit Business Activities (Permenkeu No. 96 of 2023) Ervina, Ervina; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.752

Abstract

This research is motivated by the fact that online deposit business activities have recently become more widespread in line with advances in information and telecommunications technology. These activities are generally regulated through Minister of Finance Regulation Number 96 of 2023 concerning Customs, Excise and Tax Provisions for the Import and Export of Consigned Goods. Minister of Finance Regulation Number 96 is actually a replacement for the Minister of Finance Regulation Number 199/ PMK.010/ 2019 concerning Customs, Excise and Tax Provisions for Imported Consigned Goods previously. Minister of Finance Regulation Number 96 of 2023 itself, is an important regulation relating to services or online deposit business. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are the implementation of Minister of Finance Regulation No. 96 of 2023 concerning Customs, Excise and Tax Provisions for the Import and Export of Shipped Goods regarding online deposit business activities is more aimed at avoiding the legal mode in the form of illegal import practices. The impact of the policy of Minister of Finance Regulation Number 96 of 2023 means that Jastip UMKM players in the e-commerce sector must adapt to technological advances, including the form of sales and purchase agreements in jastip, as well as causing consumers to have to consider the value of the goods they order because it affects the tax that must be paid.
ImplementationOf Dispute Resolutionin the Field Copyright Upon Signing of the Beijing Treaty Tohres, Steven Stanley; Heriyanti, Heriyanti; Pakpahan, Kartina
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.768

Abstract

Indonesia became a WIPO member country on December 18 2012 co-signed the Beijing Treaty at the World Intellectual General Assembly forum Property Organization in Geneva Switzerland. Implementation of the Beijing Treaty in Indonesia itself is quite interesting to study because the creative industry is in the form of performances Audiovisual in Indonesia itself is a profession so it is needed protection of copyright in the form of moral and economic rights to works audiovisuals, especially those broadcast or shown through media facilities technology. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data. The government is expected to make clear policies regarding protection and classification and definition of AudioVisual Works in Indonesia because with Current technological developments make AudioVisual Works increasingly popular developing so that now a clear policy regarding protection is needed AudioVisual work that is in accordance with technological developments, Background The Beijing Treaty itself is linked to several conventions such as the Rome Convention so that the WPPT should be a basis for the government to create policies in the form of statutory regulations to protect works AudioVisual broadcast via electronic media or digital media and The current problems of creative industry players, especially in the field of work AudioVisual regarding the protection and recognition of AudioVisual's works aired through electronic media regarding this matter, it is hoped that the government will which has ratified the Beijing Treaty to create implementing regulations related to registration or recognition mechanisms and claims to the rights of perpetrators The creative industry is specifically related to performers of AudioVisual Works
Legal Study of the Legality of the Palm Oil Rejuvenation Program Regarding the Completeness and Correctness of the Proposal Documents Regulated by Ministerial Regulation No. 19 Of 2023 Amendment to Ministerial Regulation No. 3 Of 2022 Antonio, Hans Ivander; Pakpahan, Kartina; Isnainul, OK
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.816

Abstract

The government, especially the Minister of Agriculture, through the Regulation of the Minister of Agriculture No. 19 of 2023 concerning amendments to the Regulation of the Minister of Agriculture No. 3 of 2022 concerning Human Resource Development, Research and Development, Rejuvenation, and Facilities and Infrastructure for Oil Palm Plantations to ensure the development of sustainable oil palm plantations, has made regulations regarding the development of human resources, research and development, rejuvenation, and facilities and infrastructure for oil palm plantations funded by funds collected from oil palm plantations. The research uses a normative juridical approach with secondary data analysis from written and electronic sources. The results of this study The government must further socialize the regulations on fulfilling the completeness of documents related to the mechanism for rejuvenating oil palm for farmers whose situations and conditions experience difficulties in fulfilling the requirements for rejuvenating oil palm with government assistance. If the completeness of the applicant's documents cannot be fulfilled by the applicant, the applicant will be given an opportunity by the head of the district/city service as stated in Article 25 paragraph (1) letter (b) of the Regulation of the Minister of Agriculture Number 19 of 2023. The solution provided by the government in this case the Ministry of Agriculture for applicants in completing and verifying the validity of the applicant's documents has been stated in Article 17 paragraphs (3) to (5) of the Regulation of the Minister of Agriculture No. 19 of 2023 by providing time for applicants to complete the problem of ownership documents as one of the main requirements for submitting the application for rejuvenation of oil palm.
Legal Review of Procedures for Granting Rock Mining Business Permits Leoni, Cindy Cynthia; Sitompul, Roswita; Pakpahan, Kartina
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.880

Abstract

This research is motivated by the granting of mining permits originally granted by the Central Government, with the issuance of Presidential Decree Number 55 of 2022 concerning the Delegation of Granting of Business Licensing in the Mineral and Coal Mining Sector, some mining permits are granted by the Central Government to the Provincial Government, but only limited to the granting of Mining Business Permits (IUP) for non-metallic mineral groups, certain types of non-metallic minerals, and rocks. The legal research method used in this research is normative juridical research which is research that is carried out or aimed only at written regulations with a descriptive analytical research nature which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this study are: The Procedure for Rock Mining Business Permits is carried out by means of an application to the regent or mayor if the mining area is in a district or city, to the governor if the mining area is across district or city borders, to the minister if the mining area is in a cross-provincial border area. The procedures carried out in the procedures for rock mining permits are the determination of the mining area carried out by authorized officials, determination of mining business areas, mining business permits, regulation of mining permits if there is a violation of mining permits. Supervision of Rock Mining Activities After Obtaining a Business Permit in the Mining Sector, it is carried out by the ESDM Service where the mining permit is located. Settlement of Rock Mining Permit Disputes can be carried out through a non-adjudication process.
Juridical Review of The Amount of Administrative Sanctions in the Form of Interest and Interest Rewards PP No 35 of 2023 Tanry, Clarisa Adelia; Pakpahan, Kartina; Pakpahan, Elvira Fitriyani
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.922

Abstract

This research is motivated by the tax collection system in Indonesia using the Self Assessment System. The Self Assessment System is a tax collection system in which the government gives full trust to taxpayers to calculate, deposit and report their own tax obligations. Taxpayers are considered capable of calculating taxes, able to understand the current tax regulations, and have high levels of honesty, and are aware of the importance of paying taxes. Thus, the success of tax collection depends a lot on the taxpayers themselves. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are Article 113 of the Job Creation Law, taxpayers submit requests for interest compensation to the Head of the KPP where the Taxpayer is registered or where the PKP is confirmed. Submission of applications can be done electronically or in writing by including the Taxpayer's domestic account number. After the taxpayer submits a request for interest compensation to the KPP, no later than one month after the application for interest compensation is received in full, the KPP will process the Taxpayer's application. Interest compensation is paid by the Directorate General of Taxes by transferring it to the account of the Taxpayer who is entitled to receive the interest compensation, then the reporting of the receipt of the interest compensation is reported in the Annual SPT in the following tax yea
Renewal of Implementing Regulations in Minimizing Control in Limited Liability Companies Outside of Acquisitions Pakpahan, Kartina; Tanjaya, Willy; Ferina, Wulan Me
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.2289

Abstract

Introduction: The problem is that the definition of "control" of a company is not found explicitly in the Company Law, resulting in the emergence of practices of "control" of companies which are carried out not in accordance with the provisions as stipulated in the provisions of Article 1 point 11 and Article 125 paragraph (3) of the Company Law. When taking over company shares, it does not always result in a change in control of the company if the number of shares taken over does not exceed 50% of the company's shares. If the takeover of shares exceeds 50% of the company's shares, the party taking over a company will become the controller of the party being taken over.Purposes of the Research:  The control intended by UUPT is very limited and cannot be interpreted more broadly. Methods of the Research: The research method used in this research is Empirical Legal Research, which uses a sociological legal approach focusing on reality by examining the application of law, in this case the PT UU, which is used as a basis for the formation and implementation of a Legal Entity (limited liability company).Results of the Research: The results of the research found the first fact that there were actions to control limited liability companies that were not in accordance with the provisions of Article 1 number 11 and Article 125 paragraph (3) of the Company Law and the aims and objectives of the Articles of Association of the Deed of Establishment were not achieved. These findings occurred at PT. ESG. Second, there is the involvement of a Notary in legalizing the actions of the Commissioner of PT. ESG to control PT. ESG Beyond Acquisitions. Third, there is a conflict between the norms of Article 102 paragraph 1 of the Company Law with Article 102 paragraph 4 of the Company Law regarding the "Requirement to seek approval from the GMS" to transfer assets, but the entire assets of PT. ESG has been transferred without asking for approval from the GMS and a Deed of Sale and Purchase Agreement and Transfer of Rights has been issued by a Notary.
Juridical Review of The Crime of Attacking The President's And Vice-President's Honest And Dignity In The 2023 KUHP Kartina Pakpahan; Elvira Fitriyani Pakpahan; Guntur Hutagalung
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.259

Abstract

The article's regulation in the Bill of the Criminal Code regarding acts of attacking the honor and dignity of the president has been criticized. Some articles are considered to have the potential to threaten the right to freedom of expression and freedom of the press, which are part of the human rights guaranteed by the Constitution. On the other hand, legislators also have a raison d’etre as the urgency of regulation. This study aims to explore in depth the significance of the substantial regulation of the articles, as well as to examine some potential conflicts with the right to freedom of expression and freedom of the press. This study is a type of normative legal research, with data analysis methods carried out with a qualitative approach to secondary data. The results of the analysis show that the articles concerning acts attacking the honor and dignity of the president or vice president still needed/urgent to be re-formulate in the Bill of the Criminal Code. However, it should be noted that it is necessary to adjust some of the explanations of the articles. In addition, the general construction of these articles cannot be said to have violated human rights principles related to the right to freedom of expression and freedom of the press. However, there should be an assurance that protecting the freedom of expression and freedom of the press still needs to be emphasized in the Bill of the Criminal Code. So far, the reality shows that there are still poor implementations in law enforcement related to some articles, such as articles on contempt.
Penggunaan Big Data Dalam Mengungkap Kasus Kejahatan Judi Online di Polrestabes Medan Tobing, Michael Yusuf; Markus Aruan, Miquel Joan; Pakpahan, Kartina
Journal of Economic and Business Law Review Vol 3 No 1 (2023): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v3i1.24445

Abstract

One of the important benefits of Big Data and Computing Technology in criminal justice is that it is now easier to store and access records. Thanks to things like social media, people save more than usual. It is likely that the physical copies of the old photos are gone or destroyed, but many people have already posted them on Facebook. A criminal may post an incident, photo, or event on social media that can be traced to reveal the crime he committed and to punish or possibly release him. . To tackle gambling on the internet, Law no. 11 of 2008 concerning Electronic Information and Transactions. When dealing with "internet gambling" there are still new problems that arise, especially regarding evidence. The problem is, what are the benefits of using Big Data in disclosing crime cases by Police investigators and how to use big data in uncovering online gambling cases at the Medan Police. This paper uses a doctrinal research approach. Research results: The use of Big Data to disclose criminal acts should not neglect the protection of the owner of personal data. Subnit VC Sat.Reskrim Polrestabes Medan does not understand technological developments, so it is difficult to use Big Data in uncovering cases of online gambling. It is recommended that Medan Police Investigators attend information technology training and guidance.
Co-Authors Agnes Theresia Br Barus Agnes Theresia Br Barus Akmal Siregar, Lasro Aldo Christian T Alifi, Rizky Alvi Syahrin Anggada Perkasa Anggraini, Fitria Anna Stephanie Antonio, Hans Ivander Arifin Alexander Arta Hot Manullang Audrey, Fiona Ayu Efritadewi Ayu Priska Nibenia Zega Ayu Priska Nibenia Zega Azharuddin Bastian, Yosi Charisman Jaya Zai Christian Agung Prawito Cynthia Phinaldo Dedi Harianto Dela Septiana Pinayungan Derinie Lim Desi Apriguna Singarimbun Dessy Darmayani Harianja Dewi Ervina Suryani Dwiki Pernandes Sembiring Elfira Fitriyani Pakpahan Elvira Fitriyani Pakpahan Emir Syarif Fatahillah Pakpahan Emir Syarif Fatahillah Pakpahan Enda Noviyanti Simorangkir Erlita Sipayung Ervina Ervina Ester Affia Sifra Manalu Ester Affia Sifra Manalu Esther, July Fatah Chotib Uddin Fauzi Iansyah Ferina Diamond Ferina, Wulan Me Ferris Chandra Gandace Siregar Gildas, Inez Giri Pratomo Gita Arihta Gotman Tambunan Gracesela Sondang Sormin Gulo, Bestari Diberkati Guntur Hutagalung Hendra Pratikno Manurung Heni Widiyaani Heni Widiyani Heriyanti Heriyanti Heriyanti Heriyanti Heriyanti Heriyanti, Heriyanti Herlina Manullang Hutasoit, Ferry Fridolind Iansyah, Fauzi Inez Gildas Isnainul, OK Jenifer Jessica Josua Dariusman Zendrato Jovina Juli Esther Napitupulu Juliani Chandrago Khairan Nisa Mendrofa Khairunnisa Khairunnisa Laidy, Yenny Leoni, Cindy Cynthia Leviyanti Leviyanti Leviyanti Lilis Suriani Pane Lusi Feny Panjaitan made adhiguna samvara Maggie Maggie Mahmud Mulyadi Manullang, Berliana Maya Agustina Markus Aruan, Miquel Joan Mei Fernando Marpaung Merry Roseline Pasaribu Mian Fransiska Sianturi Michelle Amanda Esitria Sumampow Michelle Hadlen Millenia, Meisya Moktar, Brilian Mulyadi Mulyadi Nadya Khairani Naek Silitonga Natanael Pakpahan Natanael Pakpahan Nelly Sri Devi Nikodemus Ariandy Manik Novi Yanti OK Isnainul Olga Indah Suci Pakpahan, Bani David Soaloon Parameshwara, Parameshwara Parulian Ganda Rumapea Rahadian, Risna Ramon Nafrial Reno Aditya Suhendro Ridho Gokasi Paulus Tampubolon Ridho Gokasi Paulus Tampubolon rizal, said Robby Dian Ronal Hasudungan Sianturi Roswita Sitompul Roswita Sitompul Roswita Sitompul, Roswita Rumapea, Parulian Ganda Salim Pradana Saota, Margaretha Citra Novriyanti Sartika Sari Sewin Kartika SIAHAAN, MARSEM PAHAM MARSAOR Sihotang, Feby Putri Shoshanny Silalahi, Ketrin Gabriella Agnestasya Simalangon, Roiman Simanjuntak, Immanuel Simanjuntak Sitorus, Marthin Erixon Sonya Airini Batubara, Sonya Airini Sri Sulistyawati Sri Sulistyawati Sri Sulistyawaty Stefani , Widi stephanie, winnie Steven Gozalex Stevi Inria Sagal, Febritisia Sulistyawati, Sri Sulistyawaty, Sri Tambunan, Franciscus Orlando Tanry, Clarisa Adelia Tanto, Harnando Tarigan, Michelle Yonesta Thela Valentine Thomson Sukamto Marzuky Simatupang Thomson Sukamto Marzuky Simatupang Timothy Pamungkas Situmorang Tobing, Michael Yusuf Tohres, Steven Stanley Tommy Leonard Tommy Leonard Uli Teresia Br Tarigan Valentin Tania Veronica Veronica Wico Dwi Pratama Widi Stefani Wijaya, Vivian Willy Tanjaya Yolanda Natalia Isabel Yosi Bastian Yovi Wicaksana Putra Yudiyanto, Ade Rachmat Yusriando Zai, Charisman Jaya Zai, Selfiani Zhou, Valerie