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TRANSPLANTASI HUKUM MODERN TERHADAP BUDAYA HUKUM KOMUNITAS PENGRAJIN DALAM MELINDUNGI DESAIN TRADISIONAL KERAJINAN PERAK CELUK DI KABUPATEN GIANYAR BALI Simona Bustani
JURNAL PENELITIAN DAN KARYA ILMIAH LEMBAGA PENELITIAN UNIVERSITAS TRISAKTI Vol. 1 No. 1 (2016)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Trisakti

Currently, traditional design violations often occur that impact on economic losses. This remained the case even though Indonesia has a law design. One problem is the lack of effective implementation of the law in protecting traditional designs Celuk Silver. Therefore, how the impact of the law against legal culture transplant community craftsmen silver in Celuk Gianyar Bali in protecting traditional design in the era of globalization? How efforts to improve the legal culture community silversmith in Celuk Gianyar Bali in protecting traditional design motif in the era of globalization? For that type of normative legal research used socio-legal approach, the nature of descriptive research. Analyzed qualitatively. Law transplanted modern laws that have an impact on culture clash the laws of society that is sketched on the level of public knowledge silversmith about a law design only 20 %, while the related understanding silversmith about the content of the regulation 10%, while revenues silversmith against a law design only 8 %, and community artisans who did not know about a law design is 45 %, the remaining 17 % abstained. Therefore, efforts need to be done is to from a team to the youth Bali socializing, exploring, involving institutional organizations associated Balinese silversmiths in Bali to collect data and to receive input on drafting regulations that support protection of traditional craft design motif. However, the role of local government and communities had not been sufficient to achieve maximum results. Therefore, maximum effort is needed in doing the role of the central government in providing facilities and infrastructure for data collection by involving community organizations and local government silversmith preparing the legislation relating to the protection of traditional design motif silver Celuk Bali representing regional assets.

TRANSPLANTASI HUKUM MODERN TERHADAP BUDAYA HUKUM KOMUNITAS PENGRAJIN DALAM MELINDUNGI DESAIN TRADISIONAL KERAJINAN PERAK CELUK DI KABUPATEN GIANYAR BALI Simona Bustani
JURNAL PENELITIAN DAN KARYA ILMIAH LEMBAGA PENELITIAN UNIVERSITAS TRISAKTI Vol. 1 No. 1 (2016)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/pdk.v1i1.429

Currently, traditional design violations often occur that impact on economic losses. This remained the case even though Indonesia has a law design. One problem is the lack of effective implementation of the law in protecting traditional designs Celuk Silver. Therefore, how the impact of the law against legal culture transplant community craftsmen silver in Celuk Gianyar Bali in protecting traditional design in the era of globalization? How efforts to improve the legal culture community silversmith in Celuk Gianyar Bali in protecting traditional design motif in the era of globalization? For that type of normative legal research used socio-legal approach, the nature of descriptive research. Analyzed qualitatively. Law transplanted modern laws that have an impact on culture clash the laws of society that is sketched on the level of public knowledge silversmith about a law design only 20 %, while the related understanding silversmith about the content of the regulation 10%, while revenues silversmith against a law design only 8 %, and community artisans who did not know about a law design is 45 %, the remaining 17 % abstained. Therefore, efforts need to be done is to from a team to the youth Bali socializing, exploring, involving institutional organizations associated Balinese silversmiths in Bali to collect data and to receive input on drafting regulations that support protection of traditional craft design motif. However, the role of local government and communities had not been sufficient to achieve maximum results. Therefore, maximum effort is needed in doing the role of the central government in providing facilities and infrastructure for data collection by involving community organizations and local government silversmith preparing the legislation relating to the protection of traditional design motif silver Celuk Bali representing regional assets.

ANALISIS PEMBATALAN MEREK SUPERMAN YANG MEMILIKI PERSAMAAN PADA KESELURUHANNYA MENURUT UU NOMOR 20 TAHUN 2016 (STUDI PUTUSAN NOMOR 1105K/PDT.SUS-HKI/2018) Jeri Irawan; Simona Bustani
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8929

Indonesia is a state of law, where every citizen, both Indonesian citizens and foreign nationals living in Indonesia, must obey the laws that are regulated in Indonesia. Trademark is one of the intellectual property rights regulated in the Indonesia Reguliation Trademark. because the brand is something that is often used in the world of commerce in Indonesia. Based on the Indonesia regulation Trademark, is a sign that can be displayed graphically both in terms of images, logos, names, words, or letters, which are used as a differentiator of various types of goods and / or services produced by individuals or legal entities in the trading of goods and / or services. In trading, brands that have similarities in principle or as a whole are often encountered. The purpose of this study is to find a picture of brand rejection that has similarities in its entirety. The method used in this study is a normative approach. The results of this study illustrate the legal liability of a brand examiner that has similarities in principle if a trademark dispute occurs.

ANALISIS UNSUR ITIKAD BAIK PADA MEREK NAMA ORANG TERKENAL DALAM PASAL 21 UNDANG – UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 48/PDT.SUS/MEREK/2018/PN NIAGA JKT.PST) Iqbal Akbar Mandiri; Simona Bustani
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8936

Based on the related trademark dispute that occurred in Indonesia and which the author will use as research material is the Supreme Court's Decision Number: 48 / Pdt.Sus / Trademark / 2018 / PN.Niaga.Jkt.Pst which checks and decides on the BENSU brand dispute. The Plaintiff's trademark is none other than the impact of public attention on the Plaintiff with the word BENSU attached to the Trademark, and therefore the Plaintiff has objected to the Plaintiff's registered trademark thereby making public opinion "as if" it was the Plaintiff's property. Based on the contents in this thesis, there are problems as to how the application of good faith elements to the famous brand BENSU in the Supreme Court's decision Number: 48 / pdt.SUS / Trademark / 2018 / PN.JKT.PST and whether the decision is in accordance with applicable laws The following are the following implementing regulations. The research method in this thesis is divided into 3: the type of research which uses normative or doctrinal research, that is, the research provides a systematic explanation of the rules governing a category, the nature of research which uses the normative nature of practical and prescriptive, types and techniques writing there are primary legal materials, secondary legal materials, tertiary legal materials.

PERLINDUNGAN HUKUM TERHADAP PENDAFTAR MEREK PERTAMA ACC MEMBERI KEMUDAHAN MENURUT UU 20 TAHUN 2016 (CONTOH KASUS SENGKETA ANTARA PT ASTRA SEDAYA FINANCE DENGAN PT AMAN CERMAT CEPAT TERKAIT PERSAMAAN MEREK TAHUN 2019) Ellohim Theo Sentana; Simona Bustani
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6522

The Panel of Judges of the Central Jakarta District Court (PN Jakpus), handed down a ruling that rejected some of the petitum lawsuit of PT Astra Sedaya Finance related to its brand equality 'ACC makes it easy' with a trademark owned by PT Aman Cermat Rapid, namely 'Klik ACC '. In his statement, stating that the plaintiff had a good intention in registering the ACC mark made it easy. Stating ACC makes it easy is a brand with a good reputation. Rejecting the plaintiff's lawsuit after comparing the plaintiff's and the defendant's trademark forms, the Assembly is of the opinion that there is no resemblance between the brand of PT Astra Sedaya Finance with the brand of PT Aman Cermat Cepat. The ACC business identity eventually developed into the brand 'ACC makes it easy', which was even registered in 2014 with the certificate brand No. IDM000554835 for class 36, which is the class of goods / services. Meanwhile, he said, PT ACC just registered the trademark on April 10, 2018 with a certificate. Considering that the ACC brand makes it easy to be officially registered on June 26, 2014, said Fajar, it means that the protection of the trademark rights will only be exhausted on June 26, 2024. That, too, if the time period runs out can still be extended for the same time period.

TANGGUNG JAWAB DITJEN KI TERHADAP PEMBATALAN MEREK DAGANG COFFEEBERRY (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 769K/PDT.SUS.HKI/2019) Sukmo Hanggarjito; Simona Bustani
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8928

Trademark is important in trade as the identity of an item, trademark disputes often occur in the world whose main purpose is to gain profit without looking at the interests of others by registering the brand in bad faith as in the case of COFFEEBEERY which was appointed as a thesis by the author. This research focuses on the responsibilities of the Directorate General of Information Technology as the party responsible for examining trademarks by analyzing the Supreme Court Decision Number 769K / PDT.SUS.HKI / 2019 and based on the 2016 Trademark Law and also the Minister of Law and Human Rights Regulations Number 67 in this thesis research the research method used is the normative research method supported by additional interviews from several experts. Based on the author's analysis the responsibility of the DITJEN KI starts from the substantive examination of the brand until the issuance of the Cassation verdict, in this examination there are weaknesses because the DITJEN KI does not have a system related to a well-known brand that can act as a loophole for those in good faith to imitate a brand while the responsibilities after the Cassation verdict is only carrying out the decision in accordance with the contents of the decision. The writer has a suggestion for the Directorate General of Information Technology, which is to improve the registration system, so that the mark which ends with the cancellation of the mark can be detrimental to the parties.

PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL ASING DI INDONESIA (STUDI KASUS PUTUSAN MAHKAMA AGUNG NOMOR: 165/Pdt.Sus-Hki/2016 DAN PUTUSAN MAHKAMA AGUNG NOMOR: 557K/Pdt.sus-HKI/2015) Ronald Kurniawan; Simona Bustani
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6702

The first dispute with Case Number MA Decree 557 K / Pdt.Sus-HKI / 2015 that occurred between the designer clothing (designer) from France, Pierre Cardin owner of the Brand Business Pierre Cardin as the claimant, whose brand is a popular brand and has been used since the beginning In March 1974, in this matter the prosecutor against the defendant Alexander Satryo Wibowo, was a local businessman who owned the Trademark Pierre Cardin, who had registered his trademark since July 29, 1977 in Indonesia, where there were similarities in essence or overall in the use of the trademark between the claimant and defendant. Therefore Pierre Cardin, hereby as the prosecutor, demanded the cancellation of the registered mark Card Pierre Cardin used by the defendant, against this demand the Commercial Court at the Central Jakarta District Court has determined the determination of Ms. 15 / Pdt.Sus-Trademark / 2015 / PN.Niaga.Jkt .Pst., Dated June 9, 2015 which in the main issue rejected the claim of the prosecutor for the whole. Furthermore, the Plaintiff requested the appeal of the appeal to the Supreme Court. Legal remedies requested by the claimant in accordance with the provisions of Chapter 6 point (3) letter b of Law Number 15 of 2001 concerning Trademarks. In carrying out the appeal appeal law, the Supreme Court has decided on decision number 557 K / Pdt.Sus-HKI / 2015 which in its stipulation stipulates rejecting an appeal request from the appealer Pierre Cardin.

PERLINDUNGAN PEMILIK MEREK DAGANG EIK YANG DIGUNAKAN DI INDONESIA MELALUI PERJANJIAN DISTRIBUTOR (ANALISIS PUTUSAN NOMOR 1300 K/Pdt.SUs_HKI/2017) Simona Bustani; Theodorus Felix Wangsa
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 2 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i2.6001

It is still a debate about the controversy of brand protection systems in Indonesia regarding systems first to file. The distributor agreement was also seen to be a gap for principals who did not understand the system first to file. What protection is given to brand owners? Problem research uses normative research with an approach to law and cases. The data used is secondary data. Protection for brand owners who do not register their brands, but sell in Indonesia through a distributor agreement, contained in Article 78 of the brand law. But the weakness of the brand owner must prove itself in the trial of ownership of the brand, so that the owners of foreign brands should register their brands before signing a distribution agreement as a guarantee of the protection of their rights.

PERLINDUNGAN HAK KOMUNAL MASYARAKAT ADAT BALI TERHADAP KARYA TARI EKSPRESI BUDAYA TRADISIONALNYA DI ERA GLOBALISASI (DIKAJI BERDASARKAN UNDANG-UNDANG HAK CIPTA) Simona Bustani
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 14, No 1 (2016)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v14i1.536

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System essentially regulates the entire process of the settlement of juvenile facing legal problems which started the investigation stage to the stage of supervision after sentenced. If one’s refers to the old paradigm that the criminal justice system contained in the Criminal Procedure Code which has put four components of criminal justice, namely the police, prosecutors, courts and the Penitentiary, which are acted as the integral system, but in fact there exists the Penitentiary advisor also. So, It is necessary to analise in how to find out and to understand the position of Penitentiary advisor in a juvenile criminal justice system in particular. In sum, based on a broad range of function of the Penitentiary advisor, which spread from the investigation to the decision on Juvenile sentence, the Advisor Community has the seminal position. The opinion aforementioned describe that there are some issues that need to be understood regarding the formal understanding on how the actual existence of the Penitentiary Supervisor and the report based on the public research or the consideration of Penitentiary advisor with regard to law enforcement officers, especially in the juvenile justice system. In sum, this writing should be valuable not only in order to constitute Juvenile Criminal System actual aims and purposes, but also the extent of the implications of the report of the public research to the decision in juvenile criminal system. Keywords : Penitentiary Advisor, Juvenile , Criminal Justice System

TRANSPLANTASI HUKUM MODERN TERHADAP BUDAYA HUKUM KOMUNITAS PENGRAJIN DALAM MELINDUNGI DESAIN TRADISIONAL KERAJINAN PERAK CELUK DI KABUPATEN GIANYAR BALI Simona Bustani
JURNAL PENELITIAN DAN KARYA ILMIAH LEMBAGA PENELITIAN UNIVERSITAS TRISAKTI Vol. 1 No. 1 (2016)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Trisakti

Currently, traditional design violations often occur that impact on economic losses. This remained the case even though Indonesia has a law design. One problem is the lack of effective implementation of the law in protecting traditional designs Celuk Silver. Therefore, how the impact of the law against legal culture transplant community craftsmen silver in Celuk Gianyar Bali in protecting traditional design in the era of globalization? How efforts to improve the legal culture community silversmith in Celuk Gianyar Bali in protecting traditional design motif in the era of globalization? For that type of normative legal research used socio-legal approach, the nature of descriptive research. Analyzed qualitatively. Law transplanted modern laws that have an impact on culture clash the laws of society that is sketched on the level of public knowledge silversmith about a law design only 20 %, while the related understanding silversmith about the content of the regulation 10%, while revenues silversmith against a law design only 8 %, and community artisans who did not know about a law design is 45 %, the remaining 17 % abstained. Therefore, efforts need to be done is to from a team to the youth Bali socializing, exploring, involving institutional organizations associated Balinese silversmiths in Bali to collect data and to receive input on drafting regulations that support protection of traditional craft design motif. However, the role of local government and communities had not been sufficient to achieve maximum results. Therefore, maximum effort is needed in doing the role of the central government in providing facilities and infrastructure for data collection by involving community organizations and local government silversmith preparing the legislation relating to the protection of traditional design motif silver Celuk Bali representing regional assets.

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