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Prinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentang Merek dan Indikasi Geografis Sulthon Miladiyanto; Ariyanti Ariyanti
Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i3.5022

Abstract

The responsibility of the state cannot maintain the morality of the people, one ofwhich is by providing signs in making trademarks for goods and services. Legalresearch with a philosophical approach to get the meaning of Brand must not conflictwith the prevailing morality in society. A moral brand is a brand that limitssociety which is universal regarding the pros and cons of an act of both ratio andtracendetal involving the goal.How to cite item: Miladiyanto, S., Ariyanti, A.(2020). Perinsip moralitas merek dalam undang-undang nomor 20 tahun 2016 tentangMerek dan Indikasi Geografis. Jurnal Cakrawala Hukum, 11(3).,241-249. doi:10.26905/idjch.v11i2.5022.
Perlindungan Hukum Rahasia Perusahaan melalui Undang-Undang No. 30 Tahun 2000 tentang Rahasia Dagang Ariyanti Ariyanti
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (848.31 KB) | DOI: 10.26905/blj.v2i2.6843

Abstract

 One of the company's assets that have high economic value is trade secrets. The object of a company's trade secrets can be in the form of written or unwritten information that must consistently be kept secret and has economic value in order to be able to be used to compete with other business actors. The company owner's efforts to maintain the confidentiality of his company information are very important, because if the party is negligent, the existence of trade secrets can fall as Intellectual Property. This study examines the advantages and disadvantages of protecting company secrets with a trade secret system as well as what efforts the company must make to safeguard and protect company secrets. The research method uses a normative juridical approach. The focus of this approach is to examine library materials including legislation and other literature relevant to the problem. The results of this study are the superiority of company secrets protected by a trade secret system, including an unlimited period of protection; confidentiality will be maintained because access to information is closed. Meanwhile, the drawback is that company secrets will still receive legal protection with trade secret regulations as long as the confidentiality is well maintained, if the trade secret is known by others, then the information will become public property and will no longer be protected. And to ensure that trade secrets in a company are kept confidential, the company can take physical steps and a written agreement.  
Mekanisme Penyelesaian Sengketa Penyedia Jasa Website Download Film Gratis Bagi Pencipta Film di Indonesia Yonatan Andreas Putera; Hendra Djaja; I Gusti Ngurah Adyana; Ariyanti Ariyanti
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (96.342 KB) | DOI: 10.26905/blj.v1i1.5284

Abstract

Copyright infringement can have a negative impact on film makers both materially and morally. Coupled with the development of the internet, copyright infringement is not only realized in the form of pieces of VCD / DVD, but has penetrated into the internet media, namely the emergence of many websites or sites that provide free movie download services. The creators of these films and websites do not have a definite legal relationship. The emergence of these websites is of course very detrimental to the film creator because these websites operate illegally without any relationship agreement or agreement from the film creator and for the personal benefit of the website owner without thinking about the losses experienced by the film creator. But the creator can also report these websites if they feel aggrieved and of course if it is indeed proven to be carrying out illegal activities against the copyrighted films of the creator of the film. If it is proven to have committed an unlawful act, the website owner may be subject to sanctions in the form of prison or other compensation such as compensation for royalties. This research uses normative legal research with the aim of discussing how the dispute resolution mechanism between film creators and film website service providers.
Legal consequences of adopting children of Indonesian citizens by foreign nationals Fadilla Dwi Lailawati; Ferry Anggriawan; Sunarjo Sunarjo; Ariyanti Ariyanti; Mohammad Fahrial Amrulla
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.8881

Abstract

This study aims to analyze the legal regulations regarding the adoption of children of Indonesian citizens by foreign nationals through a court decision process because in this case, the adoption is not a dispute which is then made into a decision, in accordance with the HIR stating that the decision was taken because of a lawsuit. This means that there must be a dispute between the disputing parties. Government Regulation 54 of 2007 concerning the Adoption of Children, contradicts article 184 HIR and needs to be reviewed because this regulation conflicts with the Criminal Procedure Code. Civil evidence is determined by very restrictive evidence, namely the judge in considering his decision is very fixated on the existing evidence. In this case, formal evidence is an authentic letter, namely a letter issued by an authorized agency made by an official who has been sworn in for an act. However, the letter may become inauthentic if a court decision overturns it; as long as there is no cancellation, the judge is bound by an authentic letter because the evidence is perfect evidence, so if the decision to adopt a child becomes void if there is a court decision that cancels it.How to cite item: Aisyiah, C., Wisnuwardhani, D. (2022). Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3), 242-252. DOI:https://doi.org/10.26905/idjch.v13i3.9012.
Dropshipper responsibility in case of damaged goods in e-commerce transactions Reni Astutik; Sunarjo Sunarjo; I Gusti Ngurah Adnyana; Dewi Ayu Rahayu; Mohammad Fahrial Amrulla; Ferry Anggriawan; Ariyanti Ariyanti; Fadilla Dwi Lailawati
Jurnal Penelitian Vol 19, No 2 (2022): December 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/jp.v19i2.9295

Abstract

Dropshipping is a buying and selling system where the drop shipper sells products that he doesn't own. Dropshipping is basically buying and selling that is carried out between sellers and buyers using internet media. The dropshipper only has photo samples of the supplier's goods, usually in the form of photos, which are then marketed to consumers at a price determined by the dropshipper, if sold, the dropshipper buys goods from the supplier by asking the supplier for help sending the goods to consumers on behalf of the dropshipper shop. Thus, in carrying out dropshipping buying and selling transactions, it involves parties, namely suppliers and dropshippers. E-commerce has recently been favored by producers both large and small as well as retail sellers in general. This is because promotion through online media is easier to reach consumers in terms of introducing or selling their products. E-commerce makes it easier for consumers and producers to make transactions. A dropshipper is a party that advertises goods, sells goods without owning the goods through his online shop, which then organizes so that the ordered goods are sent directly from the supplier to the consumer. Suppliers or also known as vendors are the owners of goods whose role in dropshipping is to send goods directly to buyers.
Assistance in Trademark Registration for Micro, Small and Medium Enterprises " Sri Lestari Fried Duck" Ariyanti Ariyanti; Fadilla Dwi Lailawati; Listanto Tri Utomo; Lucky Dwi Ariani
Jurnal Aplikasi Dan Inovasi Ipteks "SOLIDITAS" Vol 6, No 1 (2023): Jurnal Aplikasi Dan Inovasi Ipteks SOLIDITAS
Publisher : Badan Penerbitan Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/js.v6i1.4088

Abstract

ABSTRACTBrand is one of the most important parts of a product. A brand can be an added value for a product, whether it is a product in the form of goods or services. This added value is very beneficial for business actors. Therefore, business actors try to continue to introduce their brands from time to time, especially consumers who are their target market. Sri Lestari fried duck business actors are actually aware that in establishing a business it is mandatory to have a name, but they do not understand the importance of registering their business name/trademark. The problem faced in Sri Lestari's fried duck business is the lack of understanding of the importance of registering a trademark for the sustainability of a more advanced business. And the process for registering the Bebek Goreng Sri Lestari trademark needs assistance so that the continuity of the registration process can still be monitored. The methods offered as an alternative solution to this problem are (1) Socialization of what a brand is and the importance of registering a trademark to increase business and be able to compete with other similar business actors, (2) Provide assistance in the trademark registration process. The results of this mentoring activity are the publication of supporting documents for trademark registration, namely NIB (Business Registration Number), Certificate of Development of Micro, Small and Medium Enterprises from the Department of Cooperatives, Industry and Trade of Malang City and Certificate of Trademark Registration. ABSTRACTBrand is one of the most important parts of a product. A brand can be an added value for a product, whether it is a product in the form of goods or services. This added value is very beneficial for business actors. Therefore, business actors try to continue to introduce their brands from time to time, especially consumers who are their target market. Sri Lestari fried duck business actors are actually aware that in establishing a business it is mandatory to have a name, but they do not understand the importance of registering their business name/trademark. The problem faced in Sri Lestari's fried duck business is the lack of understanding of the importance of registering a trademark for the sustainability of a more advanced business. And the process for registering the Bebek Goreng Sri Lestari trademark needs assistance so that the continuity of the registration process can still be monitored. The methods offered as an alternative solution to this problem are (1) Socialization of what a brand is and the importance of registering a trademark to increase business and be able to compete with other similar business actors, (2) Provide assistance in the trademark registration process. The results of this mentoring activity are the publication of supporting documents for trademark registration, namely NIB (Business Registration Number), Certificate of Development of Micro, Small and Medium Enterprises from the Department of Cooperatives, Industry and Trade of Malang City and Certificate of Trademark Registration.Keywords: Accompaniment, Business Identification Number, Trademark registration
Akibat Hukum Perjanjian Jual Beli Tanah yang dilakukan Tidak di hadapan Pejabat Pembuat Akta Tanah (PPAT) Fenesia Deni Batista; Retno Sariwati; Ariyanti Ariyanti
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10306

Abstract

 One of the legal events that are often carried out by the community is entering into an agreement. According to the provisions in force, the land sale and purchase agreement must be made before the Land Deed Making Officer, however in daily life it turns out that there are still many transfers of land rights that are not made before the Land Deed Making Official. This will certainly be detrimental to the buyer, because he only controls the physical land rights. The research method used is empirical juridical. The results of this study indicate that the sale and purchase of land that is carried out not in the presence of the Land Deed Official is legal according to law as long as the material conditions are met. Settlements that can be made by the buyer, so that the land sale and purchase agreement made not in the presence of the Land Deed Official can have definite legal force by asking for a statement made or issued by the village head. The certificate is used as the basis for the implementation of the sale and purchase of land rights and has legal force if the implementation of the sale and purchase of land is known by the village head as a government official who controls the area concerned in remote rural areas.
Penegakan Hukum Tindak Pidana Perdagangan Orang terhadap Pekerja Migran Indonesia secara Non Prosedural Risca Gladis Ratnasari; Ariyanti Ariyanti
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11157

Abstract

The shortage of jobs, the low level of the economy of the people and the low competitiveness of Indonesian workers are serious problems that must be resolved by the Government. One attempt to solve the problem was by sending migrant workers abroad. But the policy still needs to be continuously improved and improved so that migrant workers can work well, their fundamental rights are protected, and they can enjoy their full income during their work. Besides, the safety of migrant workers has not been optimally protected. So far, the problem faced by the government is the minimum legal protection, starting with the recruitment process, when working outside, and then returning to the homeland. The objective of the study is to find out about the enforcement of the criminal offence of trafficking in persons against Indonesian Migrant Workers in a non-procedural manner as well as any obstacles encountered in the implementation of such an effort. The method of research used is empirical jurisprudence. The results of this study are the law enforcement conducted by the Indonesian Migrant Workers Protection Agency by postponing operations, company permits, written warnings, temporary suspension of part or all business activities, cancellation of the departure of potential migrant workers, and or return from abroad at their own expense. The long-term endeavour is to strictly monitor Indonesian labour services companies. The obstacles are the weakness of government surveillance, the lack of means and support facilities required by the police, and the long enough time to collect the identities of perpetrators and victims who are outside the city and even across the country to supplement the evidence.