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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum al-Afkar, Journal For Islamic Studies YUSTISI Unes Law Review Buana Ilmu Yustisi: Jurnal Hukum dan Hukum Islam Justisi : Jurnal Ilmu Hukum Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik
tri setiady
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Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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LEGAL PROTECTION FOR INFRINGEMENT OF UNAUTHORIZED USE OF THE REGISTERED TRADEMARK SARAH GAJAH DUDUK Aditya Yunianto; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/2cwwn189

Abstract

 PT. Gajah Duduk is one of the largest sarong manufacturing companies in Indonesia. In carrying out its business activities, PT. Gajah Duduk uses a distinctive symbol—commonly referred to as a trademark—on its products to make them recognizable to the public. This trademark has been officially registered with the Ministry of Law and Human Rights. However, over time, PT. Prisma Abadi Jaya was found to have produced sarongs bearing a mark that closely resembled the registered Gajah Duduk trademark. Moreover, the goods in question fall under the same class of goods for which PT. Gajah Duduk holds its trademark rights. This action clearly violates statutory provisions and causes harm to the legitimate trademark holder. In response, PT. Gajah Duduk filed a lawsuit to cancel the trademark allegedly used without authorization by the other party. Given this context, it is essential to further examine the legal protection of registered trademarks in Indonesia, how unauthorized use of trademarks applies in the case of the Gajah Duduk sarong, and how PT. Gajah Duduk’s trademark rights are protected against PT. Prisma Abadi Jaya. In addition, a comparative analysis with trademark protection systems in other countries will also be discussed. This research employs a normative-juridical method, which involves analysis based on legal theories, expert opinions, legal literature, and applicable regulations. The findings of this study indicate that legal protection for trademarks in Indonesia has been established through enacted legislation and other relevant regulatory frameworks.  
A COMPARATIVE STUDY OF COPYRIGHT DISPUTE RESOLUTION THROUGH ARBITRATION BETWEEN INDONESIA AND THE UNITED KINGDOM Ali Abdulah; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/0wbfpq39

Abstract

Settling copyright disputes through arbitration is an out-of-court alternative that is considered more efficient, faster, and maintains the confidentiality of the parties' business. Indonesia, through Law No. 28 of 2014 concerning Copyright and Law No. 30 of 1999 concerning Arbitration, has opened up space for non-litigation copyright dispute resolution. Meanwhile, the United Kingdom with its common law system has developed a more mature arbitration mechanism through the Arbitration Act 1996 and the Copyright, Designs and Patents Act 1988. This article aims to comparatively analyze the arbitration system in resolving copyright disputes in Indonesia and the United Kingdom. The research method used is normative legal research with a statutory, conceptual, and comparative approach. The results of the study indicate that although both countries recognize arbitration as a dispute resolution forum, the United Kingdom has a more advanced legal infrastructure, international arbitration institutions, and practices than Indonesia. This study recommends strengthening copyright arbitration in Indonesia by adopting best practices from the UK, particularly regarding the specialization of IP arbitrators and the effectiveness of the enforcement of arbitral awards.
THE ROLE OF THE WEST JAVA PROVINCE DPRD IN SUPERVISION Dea Eka Rizaldi; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/hjrre111

Abstract

The context of West Java Province is interesting to study in depthbecause its complex characteristics in terms of population,budget allocation, and diversity of sectoral issues require a stronger and more adaptive oversight mechanismthan other regions. To achievethese objectives, this study will use a comparative qualitative research designand document analysis, in-depth interviews, and case studies. Overall, the DPRD oversight mechanism in Indonesia has a fairlycomplete set of normative instruments, but its effectiveness is still influenced by internal factorssuch as the political and regulatory capacity of council members, as well as external factorssuch as executive transparency and public participation. Therefore, increasing legislative professionalism and inter-institutional synergy is animportant agenda for strengthening local government accountability. Finally, public participation and local media play a reinforcing role in thelegislative oversight mechanism. Support from civil society, non-governmental organizations(NGOs), and regional media can increase public pressurefor the DPRD to carry out its control function more firmly and openly. A responsive public complaint mechanismcan also be an effective channel foridentifying policy irregularities at the local level. However, several reinforcing factors such as budget transparency, the role of external (BPK) andinternal audits, as well as public and media participation can encourage improvements in thequality of oversight. In the context of West Java, which is highly complexand covers a large area, DPRD oversight has a positive influence onthe accountability of regional heads, although there is still a gap between regulatory normsand implementation practices in the field.   Translated with DeepL.com (free version)
Co-Authors Ade Maman Suherman Aditya Yunianto Aldiansyah Yudha Prawira Ali Abdulah Alin Kosasih Dea Eka Rizaldi Dea Rizki Desambari Ella Nurlailasari Embang Herlambang Endah Astuti I Ketut Astawa Imam Budi Santoso Ketut Astawa Meita Fadhilah Mutiara Laude Amabel Nadia Nuraini Hasni Raden Achmad Nur Rizki Siti Nurhaliza Taryadi Tazkia Widia Ardani Wifa Shabilla Wiwin Triyunarti Yashinta Irenne Marianna Yenrizka Gusmaria Zhafira Nasywa Adriyanasta