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All Journal LAW REFORM Syiar Hukum: Jurnal Ilmu Hukum JURNAL LITIGASI (e-Journal) Jurnal Dinamika Hukum Brawijaya Law Journal : Journal of Legal Studies Tadulako Law Review PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Privat Law UIR LAW REVIEW Jurnal Akta Privat Law Hasanuddin Law Review Jurnal Wawasan Yuridika Jurnal Bina Mulia Hukum JURNAL HUKUM MEDIA BHAKTI Lex Librum: Jurnal Ilmu Hukum JUSTISI JURIS (Jurnal Ilmiah Syariah) Indonesia Law Review (ILREV) Al-Ijtimā: Jurnal Pengabdian Kepada Masyarakat
Emmy Latifah
Fakultas Hukum Universitas Sebelas Maret
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The International Law Fragmentation: Legal Consequences and Solutions Latifah, Emmy
Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i1.447

Abstract

The development of International Law that is taking place today has led to fragmentation. As a result, conflicts of norms arise from international treaties generated by each regime. This study aims to examine how conflict of norms can take place in a fragmented international law system and how to resolve it. It is normative legal research, used secondary data in the form of primary legal materials, secondary legal, and tertiary. The data collection technique uses library reserach, then analyze qualitatively. The results indicate that the absence of an authorized institution to create International Law causes conflict of norms International Law. The ways to resolve conflict of norms include not applying one of the conflicting norms; considering one of the conflicting norms is illegal; taking into consideration one of the conflicting norms is still valid but not illegal; and the two conflicting norms are considered to have the same position.
Pertimbangan Majelis Arbiter dalam Menetapkan CISG sebagai Applicable Substantive Law pada Arbitrase: Indonesia Latifah, Emmy; Hartanto, Heri; Setiyawan, Anang; Maheswari, Yoan Amadina
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18517

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is an international legal instrument that can be chosen as the choice of law in international commercial contracts. Consequently, CISG is applied as the substantive law governing the resolution of disputes between contracting parties. However, in arbitration forums, the application of CISG as substantive law may vary depending on the considerations of the arbitral tribunal. This study aims to provide a comprehensive analysis of the considerations taken by arbitral tribunals when establishing CISG as the applicable substantive law in several international sale of goods cases. This research is normative legal research using statutory, case-based, and conceptual approaches, with data analyzed through legal interpretation methods. The findings of this study indicate that there are two conditions under which CISG is applied as the applicable substantive law, namely: (1) the application of CISG as the agreed choice of law by the parties; and (2) the application of CISG in situations where there is an absence of a choice of law.
Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract Latifah, Emmy; Bajrektarevi, Anis H.; Salsabila, Dini Kartika
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.4772

Abstract

The aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the goods rather than the existence of suspicion itself. It is required the most influence factor in having adverse effect on the function of the goods to be categorized as non-conformity of the goods in regards to a breach of contract. Suspicion could be removed by ensuring that the goods are functional. Finally, the burden of proof towards the suspicion on the non-conformity of the goods could be liable by the parties, especially the seller.
The Urgency of Exclusive Rights Protection for Trademark Licensees in Indonesia Noorvicky, Rizky; Purwadi, Hari; Latifah, Emmy
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36905

Abstract

A trademark is essentially an exclusive right granted by Indonesian law to the licensee. But the facts are practically different from the circumstances where provisions made by bureaucracy no longer have authority as trademark licensees granted by trademark owners. With regard to the case under discussion, such important declaration of exclusive rights in the Letter of Authorization or authorization granted by the trademark owner whose registrar is through the Madrid Protocol to the licensee of trademark in Indonesia that is not recorded exclusively. This study aims to examine and analyze how the legal protection of the proprietor of the exclusive rights of the trademark under a licensing agreement and what the meaning of “exclusive rights” for the licensee of a trademark relates to the existence of a case of trademark infringement that is supposed to violate the provisions of Law No. 20 of 2016 on Trademarks and Geographical Indications. The research method used is normative jurisprudence. The findings of this study are that the weakness of the substance of legislation and the bureaucracy of law enforcement is unprofessional.
Review of the Doctrine of Dilution Based on the Perspective of Corrective Justice for Trademark Owners Nahdliyin, Sukma Hidayatun; Latifah, Emmy
JUSTISI Vol. 12 No. 1 (2026): JUSTISI Inpress
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4774

Abstract

The study aims to analyze whether the doctrine of trademark dilution has provided corrective justice or otherwise, so that the balance of rights for trademark owners can be fulfilled.The methods used in this study are normative or doctrinal legal research methods. The research approaches used are legislative, conceptual, case-based, and comparative approaches.The novelty of this research lies in the perspective of corrective justice in analyzing court decisions related to dilution actions. This research is expected to contribute to further research and policy recommendations for the government and judges to produce regulations and decisions that are fair to trademark owners.The results of the comparative law study show that anti-dilution regulations in the United States are comprehensively regulated, but there are shortcomings in the courts. Court decisions regarding well-known trademarks are considered detrimental and do not restore the rights that have been violated. In fact, the main purpose of dilution is to provide legal protection for well-known trademarks. Indonesia itself has not yet fully regulated anti-dilution regulations.The concluded findings of this comparative legal study serve as a lesson for Indonesia so that future regulations can take into account the balance of rights between well-known trademarks and other trademarks in order to avoid market monopoly.
Co-Authors AL. SENTOT SUDARWANTO Ariyanto, Banu A’yun, Efrida Qurotul Bajrektarevi, Anis H. Bajrektarevic, Anis H Billa, Shaqhirra Diva Salsa Damardjati, Respati Damardjati, Respati Elfia Farida Erowati, Endang Hardiningsih, Wahyu Hari Purwadi, Hari Heri Hartanto Ismail Rumadan, Ismail Kinanthi, Gendis Surya Kurniawijaya, Aditya kurniawijaya, aditya Maheswari, Yoan Amadina Ma’ruf, Muhammad Nur Fatah Moch Najib Imanullah Muhammad Syaiful Nahdliyin, Sukma Hidayatun Nazhifah, Dafina Nisa, Ayu Sofi Khairul Noorvicky, Rizky Orvala, Edelweis Zita Piero, Alessandro Adrian Pratama, Muhammad Bintang Ratri, Pramesthi Dinar Kirana Retno Ningsih, Sri Dwi Salsabila, Dini Kartika Saputro, Triyono Adi Savira, Gina Nafsah Setiyawan, Anang Sidiq, Muhammad Rais Supanto, S. suwadi, pujiyono Tigor, Antonius Alexander Vidyapramatya, Nurindria Naharista