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Dian Purnamasari
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Amicus Curiae

 1 
PERLINDUNGAN KONSUMEN BAGI KORBAN KERACUNAN MAKANAN JAJANAN LATIAO DI SDN CIDADAP I KECAMATAN SUKARAJA: Consumer Protection for Victims of Food Poisoning from Latiao Snacks at SDN Cidadap I Sukaraja District Gheryl Sebastian Sijabat; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22860

Abstract

Latiao is a processed food product imported from a manufacturer in China. However, an extraordinary food poisoning incident occurred at SDN Cidadap I in Sukaraja District as a result of consuming this product. The issue addressed in this study revolves around consumer protection for Latiao product consumers and the legal actions that can be taken. This research uses a normative and descriptive approach, employing secondary data to support primary data, which is then analyzed qualitatively and concluded deductively. The study findings conclude that the business operator violated Article 4, letter (a) of the Consumer Protection Law (UUPK) by failing to ensure that the product met consumers' safety, health, and security standards. Other violations identified include Article 7, letter (b) regarding the provision of accurate information about the product, Article 7, letter (d) on product quality, Article 8, letter (a) on compliance with legal product standards, as well as letters (d) and (e) concerning the product's condition and processing. Other regulations disobeyed are Article 86 of the Food Law on product distribution and Article 90 regarding harmful content. It also reveals that the victims have not taken any legal action following the poisoning incident.
DAMPAK YURIDIS PERUBAHAN PERATURAN KONTRAK KERJA SAMA HULU MIGAS TERHADAP INVESTASI MIGAS DI INDONESIA: The Juridical Impact Of Changes In Upstream Oil And Gas Production Sharing Contract Regulations On Oil And Gas Investment In Indonesia Salsabila Indah Safitri; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22877

Abstract

Investment plays a crucial role in a country’s economy. Currently, investments have expanded into various sectors, including the oil and gas sector. The implementation of oil and gas investment in Indonesia is based on Production Sharing Contracts (PSC). The prevailing types of PSCs are cost recovery and gross split. The gross split PSC was a new initiative by the government in 2017 aimed at increasing oil and gas investment in Indonesia. However, not long after the gross split PSC was adopted, the government made several regulatory changes regarding oil and gas PSCs, affecting investment activities in the sector and introducing flexibility in the use of PSC types. These frequent regulatory changes have led to uncertainty and doubts among investors. In this context, the identified problem in this study is the legal impact of the regulatory changes to cost recovery and gross split Production Sharing Contracts (PSC) in upstream oil and gas activities. Based on the results and conclusion of the study, it is concluded that the most significant impact of these regulatory changes is legal uncertainty, which disrupts the investment climate and contradicts the principle of legal certainty as stipulated in Law Number 25 of 2007 concerning Investment.
PERLINDUNGAN HUKUM TERHADAP PENDAFTARAN MEREK DYLEE & LYLEE YANG SUDAH DIALIHKAN (STUDI PUTUSAN KOMISI BANDING MEREK NO 429/KBM/HKI/2021): Legal Protection For Dylee & Lylee Brand Registrations That Have Been Transferred (Study Of The Mark Appeal Commision’s Decision No 429/KBM/HKI/2021) Aryo Dewantoro; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22999

Abstract

Guangdong Kuaike Ltd registered its trademark named Dylee & Lylee in class 14. The identification of the problem in this research is the registration obstacle faced by Guangdong Kuaike Ltd due to the existence of the Dylee & Lylee trademark in class 3 owned by Yumin Qin. Subsequently, an agreement for the transfer of rights to the Dylee & Lylee trademark in class 3, previously owned by Yumin Qin, was made to Guangdong Kuaike Ltd. After the rights transfer, Guangdong Kuaike Ltd filed an appeal against the registration of its trademark in class 14, but the Trademark Appeal Commission still rejected it. Data analysis was conducted descriptively with deductive conclusion drawing. Based on the research results and conclusions, it is concluded that the legal protection received by Guangdong Kuaike Ltd as the owner and holder of the Dylee & Lylee trademark is not fully secured because the transferred trademark cannot be re-registered.
PERLINDUNGAN HAK KONSUMEN ATAS JASA PENYEDIAAN AIR OLEH PERUMDA AIR MINUM DANUM TAKA DI PENAJAM PASER UTARA, KALIMANTAN TIMUR: Protection Of Consumer Rights To Water Supply Services By Perumda Air Minum Danum Taka In Penajam Paser Utara, East Kalimantan Amira Wristy Mutiah; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24002

Abstract

The community has the right to use water as regulated in Article 8 of Law No. 17 of 2019 concerning Water Resources. One of the government's efforts to manage water resources in Penajam Paser Utara Regency, East Kalimantan is by forming Perumda Air Minum Danum Taka. Of course, in managing the clean water, Perumda Air Minum Danum Taka refers to Permenkes No. 2 of 2023 concerning Implementation Regulations of Government Regulation No. 66 of 2014 concerning Environmental Health. Despite these regulations, the public often complains about the unfit quality of clean water, so that consumer rights in Article 4 of Law No. 8 of 1999 concerning Consumer Protection are not fulfilled. So the identification problem that arises is how the protection of consumer rights due to losses experienced due to the lack of clean water quality provided by Perumda Air Minum Danum Taka. The results and conclusion of this study state that consumer protection provided by Perumda Air Minum Danum Taka has not been carried out optimally. Efforts that can be made by consumers are by settlement through BPSK or filing a class action lawsuit, in accordance with Article 45 Paragraph (1) of the Consumer Protection Law.
TANGGUNG JAWAB DEVELOPER TERHADAP KONSUMEN DALAM PENYERAHAN UNIT APARTEMEN KEMANG VIEW: The Responsibility of Developers towards Consumers in the Handover of Kemang View Apartments Units Anastasya Islamiah; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24964

Abstract

The residential sector is a priority area for consumer protection in Indonesia under Presidential Regulation No. 50 of 2017 due to frequent consumer complaints. One notable case is the Kemang View Apartment dispute, where the developer failed to fulfill consumer rights and neglected its contractual obligations. This study examines the developer’s responsibility in handing over apartment units based on Law No. 8 of 1999 on Consumer Protection. The analysis shows that the handover of units is regulated by Law No. 8 of 1999 and Law No. 20 of 2011 on Apartments. The developer’s failure to deliver units as agreed constitutes a breach of the Sale and Purchase Agreement and violates consumer rights. At present, the developer has not fulfilled its responsibilities, resulting in unremedied consumer losses.
PERLINDUNGAN HUKUM PERSAMAAN KESELURUHAN MEREK TERKENAL STARBUCKS: Legal Protection Of The Overall Similarity Of The Famous Starbuck Trademark Andri Suwandi; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24990

Abstract

A brand is a sign that can be displayed graphically with the aim of distinguishing goods and/or services produced by a person or legal entity in the activity of trading goods and/or services. Starbucks Corporation is a company in the United States that has the rights to the Starbucks brand which was registered in the United States in 1976. However, there is a brand registration in Indonesia that has overall similarities with the Starbucks brand registered by PT Sumatra Tobacco Trading Company in 1992. This article discusses the issue of legal protection for the well-known Starbucks brand owned by Starbucks Corporation when it is registered in Indonesia when there is a brand that has overall similarities that has previously been registered in Indonesia. The type of research used is normative legal research with secondary data. The nature of the research is descriptive. Drawing conclusions using deductive reasoning. The conclusion of this article is that protection of the famous Starbucks brand owned by Starbucks Corporation is carried out by canceling the registration of the Starbucks brand owned by PT Sumatra Tobacco Trading Company which was previously registered in Indonesia on the grounds that it imitates the famous Starbucks brand owned by Starbucks Corporation.
PERBEDAAN LEMBAGA PENGAWAS PERSAINGAN USAHA DI INDONESIA DAN AUSTRALIA DALAM PENGAWASAN TERHADAP PERJANJIAN TERTUTUP: Differences in Competition Supervisory Agencies in Indonesia and Australia in the Overseeing Confidential Agreement Ryan Wirangga Satya; Dian Purnamasari
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24991

Abstract

Exclusive dealing is an agreement entered into by one or more business actors with other businesses of a different tier. In Indonesia and Australia, each each has a competition watchdog that deals with all matters related to business competition, including including competition offences such as restrictive covenants exclusive dealing. Therefore, this research will discuss the differences between competition supervisory institutions in Indonesia and Australia. Type of research research type that will be used is normative type and descriptive in nature by using secondary data from primary, secondary, and tertiary legal materials. using secondary data from primary, secondary, and tertiary legal materials. Data data is collected through literature study and conclusions are drawn using the deductive method. deductive method. The results show that competition supervisory institutions in Indonesia and in Indonesia and Australia have differences in the form of licensing rules, approach in assessing violations, to the authority possessed by each business supervisory institution. business supervisory institution.
Co-Authors Alvalaneda Amira Wristy Mutiah Anastasya Islamiah Andre Setyawan Andri Suwandi Anggi Suci Winarti Aryo Dewantoro Azizah Mutiara Chandra Sagul Haratua Deny Tri Ardianto Diana Djuwita, Diana Erandaru Erandaru Eva Mulida Hazana Ferra Yuliantika Asmara Murni Fraya Layola Nainggolan Gheryl Sebastian Sijabat Hasriantirisna Hasriantirisna I Gede Yudi Arsawan Izaz Alhady Klaura Dwi Kinasih Kristiastuti, Francisca Lilis Aenun Zariah Lukman Lukman Michelle Kwok Michelle Silsa Muhammad Adrian Ilham Ramadhan Neviar Amira Emor Novika Andriani Nur'Afianti Nurul Arfinanti Rendi Juanda Rini Purwaningsih Ryan Wirangga Satya Salsabila Indah Safitri Sujianto ' Supardi U.S. Tsuraya Amalia Yesi Ismawati